Iron Ridge City Zoning Code
ARTICLE III
Zoning Districts
§ 365-20 Establishment of districts.
A.
Districts. The Village of Iron Ridge is divided into the following eight zoning districts:
R-1 | Residential District |
R-2 | Residential District |
C-1 | Central Commercial District |
C-2 | Highway Commercial District |
I-1 | Limited Industrial District |
I-2 | General Industrial District |
A-G | Agricultural District |
C-O | Conservancy District |
B.
District boundaries. The locations and boundaries of the zoning districts are shown on the Village Zoning Map, and referred to by reference as the Official Zoning Map, Iron Ridge, Wisconsin. This map, together with all explanatory matter and regulations thereon, is an integral part of this chapter. Official copies of the Zoning Map, together with a copy of this chapter, shall be kept by the Building Inspector and shall be available for public inspection. The map shall be certified by the Village President and attested by the Village Clerk. Any changes or amendments affecting district boundaries or explanatory matter shall be recorded on the map. No change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.
C.
Vacation of streets. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
D.
Annexations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the R-1 Residential District unless the annexation ordinance temporarily places the land in another district. Within 90 days of the date of annexation, the Plan Commission shall evaluate and recommend a permanent district classification to the Village Board.
§ 365-21 Zoning Map.
A.
A certified copy of the Zoning Map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the Village President and the Village Clerk and shall be available to the public in the office of the Village Clerk.
B.
Changes thereafter to the districts shall not be effective until entered and attested on this certified copy.
§ 365-22 Rules for interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following Village boundaries shall be construed as following municipal boundaries.
D.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E.
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
F.
Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
§ 365-23 R-1 Residential District.
A.
Purpose. The district is primarily intended to provide a suitable environment for single family residential development.
C.
Height regulations. Maximum height: 35 feet.
E.
Permitted uses.
(1)
Single-family dwellings.
(2)
Forestry, open spaces.
(3)
Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.
(4)
Accessory structures, including private garages, parking spaces, and carports for vehicles, and other structures clearly incidental to the residential use of the property.
F.
Conditional uses.
(1)
Churches, including those related structures located on the same site which are an integral part of the church proper, convents and homes of persons engaged in a religious function on the same site, provided no building shall be located nearer than 25 feet from any lot line.
(2)
Professional offices, where such office is conducted solely by a member or members of the occupant family entirely within the residence and incidental to the residential use of the premises. Not more than 25% of the floor area or only one story of a dwelling unit shall be occupied by such office. Not more than one non-family-member may be employed in such office. Only one unlighted nameplate, not exceeding one square foot in area, containing the name and profession of occupant of the premises shall be exhibited.
(3)
Truck gardening, nurseries and greenhouses, only for the propagation of plants.
(4)
Municipal buildings, except the following: garbage incinerators, public warehouses, public garages, public shops and storage yards and penal or correctional institutions or asylums.
(5)
Home occupations subject to the following standards:
(a)
The home occupation is secondary to the residential use of the premises and no more than 25% of the total floor area of the dwelling unit is devoted to such use.
(b)
The home occupation is totally contained within the residence or accessory buildings and does not include any outside storage.
(c)
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated and mounted flat against the wall of the principal structure.
(d)
The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time and any need for parking generated by the conduct of such home occupation shall be met off the street.
(e)
The use shall not involve the use of commercial vehicles in excess of a weight capacity of four tons for delivery of materials to or from the premises.
(f)
No use shall create noise, dust, vibration, odors, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district under normal circumstances wherein no home occupation exists.
(g)
The home occupation shall employ no more than one nonresident employee.
(6)
Golf courses, country clubs, tennis clubs, public swimming pools and other similar recreational facilities. The principal structure for any of the above-listed uses shall be 100 feet or more from any abutting lot line in an R Zoning District, and any accessory structure shall be a minimum of 50 feet from any lot line.
(7)
Rest, nursing, rehabilitation, group foster homes and similar group homes.
(8)
Hospitals for human care and sanitariums, provided that all structures except fences shall be located 100 feet or more from the lot line of any abutting lot in an R-1 District.
(9)
Day-care center, when required to be licensed by an agency of the State of Wisconsin, where a person provides for compensation, care and maintenance for four or more infants at a location other than the child's own home or the home of relatives or guardians. In such a center, a play area of 75 square feet per child shall be provided within a fenced area, other than a front yard. Where three or fewer children are cared for and maintained, such operation shall be permitted as a home occupation.
(10)
Public and parochial schools, colleges, universities and dormitories, provided that no building shall be located nearer than 25 feet from any lot line.
(11)
Public utilities and public service uses as follows:
(a)
Electric substations.
(b)
Gas regulator stations.
(c)
Railroad rights-of-way, but not including railroad yards and shops, freight and service buildings or rights-of-way for switch, lead, or spur tracks.
(d)
Sewerage system lift stations.
(e)
Telephone exchanges, microwave relay towers and telephone transmission equipment buildings.
(f)
Water pumping stations and water reservoirs.
(g)
Community centers and libraries.
(h)
Public emergency shelters.
(i)
Parks and playgrounds.
(12)
Planned unit developments.
(13)
Two-family dwellings.
(14)
Cemeteries.
§ 365-24 R-2 Residential District.
A.
Purpose. This district is intended to provide a suitable environment for multifamily residential development.
B.
Lot size regulations.
(1)
Minimum lot area shall be provided as follows:
Proposed Use Served by Public Sewer | |
|---|---|
Multifamily Dwelling Units Containing: | Minimum Lot Area Per Dwelling Unit (square feet) |
3 or more bedrooms | 4,000 |
2 bedrooms | 3,500 |
1 bedroom | 3,000 |
Proposed Use Served by On-Site Sewage Disposal System | |
|---|---|
Multifamily Dwelling Units Containing: | Minimum Lot Area Per Dwelling Unit (square feet) |
3 or more bedrooms | 12,000 |
2 bedrooms | 10,000 |
1 bedroom | 8,000 |
D.
Height regulations. Maximum height: 35 feet.
G.
Conditional uses.
(1)
Conditional uses listed in the R-1 Residential District.
(2)
Mobile home parks.
(3)
Multifamily dwellings, provided there shall be provided not less than 500 square feet of usable open space per dwelling unit plus 100 square feet of additional area for each additional bedroom over two in a dwelling unit.
(4)
Home occupations subject to the following standards:
(a)
The home occupation is secondary to the residential use of the premises.
(b)
The home occupation is totally contained within the residence or accessory buildings and does not include any outside storage.
(c)
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign not exceeding eight square feet in area, nonilluminated and mounted flat against the wall of the principal building.
(d)
The use may increase vehicular traffic flow and parking by no more than three additional vehicles at a time and any need for parking generated by the conduct of such home occupation shall be met off the street.
(e)
No use shall create noise, dust, vibration, odors, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential use in the district under normal circumstances wherein no home occupation exists.
(f)
The home occupation shall not employ more than three nonresident employees.
(g)
Side-by-side single attached dwelling in a residential district.
[1]
In granting a conditional use permit for side-by-side single attached dwellings in a residential district (zero lot lines), the following conditions must be met:
[a]
Side-by-side single-family attached structures are not to exceed four single-family living units with a common wall and lot line.
[b]
Each unit must maintain a minimum lot of 33 feet in width throughout the required lot area with a minimum lot area of 6,000 square feet provided for each dwelling unit.
[c]
All building, fire prevention area and yard requirements of the residential district apply excepting one common law lot line.
[d]
Each unit must have separate water and sanitary sewer service on all new construction.
[2]
The owner of the property shall enter into a restrictive covenant in a form approved by the Village Attorney.
§ 365-25 C-1 Central Commercial District.
A.
Purpose. This district is intended to provide a suitable environment for commercial development associated with a central community location.
E.
Permitted uses.
(1)
Banks and similar financial institutions.
(2)
Business and professional offices and studios.
(3)
Dental and medical clinics.
(4)
Garages for storage of vehicles used in conjunction with permitted use.
(5)
Laundromats.
(6)
Restaurants and taverns.
(7)
Retail stores and shops offering convenience goods and services.
(8)
Food stores.
(9)
Community centers and libraries.
(10)
Department stores.
(11)
Funeral homes.
(12)
Furniture stores.
(13)
Furniture upholstery shops.
(14)
Heating and/or plumbing supply stores.
(15)
Emergency public shelters.
(16)
Laundry and dry-cleaning establishments.
(17)
Office supply stores.
(18)
Pawn shops.
(19)
Pet shops.
(20)
Print shops.
(21)
Private clubs, lodges and meeting places.
(22)
Secondhand stores.
(23)
Sign shops.
(24)
Publishing shops and offices.
(25)
Variety stores.
(26)
Veterinary clinics.
(27)
Dwelling, single-family, only as accessory to a principal use.
(28)
Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.
(29)
Municipal buildings except the following: garbage incinerators, public shops and storage yards, and penal or correctional institutions or asylums.
F.
Conditional uses.
(1)
Parks and playgrounds.
(2)
Hotels.
(3)
Vehicle sales, service, washing and repair stations.
(4)
Lodging houses.
(5)
Planned unit developments.
(6)
Gas stations.
(7)
Churches, including those related structures located on the same site which are an integral part of the church proper, convents and homes of persons engaged in a religious function on the same site, provided no building shall be located nearer than 25 feet from any lot line.
(8)
Day-care center, when required to be licensed by an agency of the State of Wisconsin, where a person provides for compensation, care and maintenance for four or more infants at a location other than the child's own home or the home of relatives or guardians. In such a center, a play area of 75 square feet per child shall be provided within a fenced area other than a front yard. Where three or fewer children are cared for and maintained, such operation shall be permitted as a home occupation.
(9)
Public and parochial schools, colleges, universities and dormitories: no building shall be located nearer than 25 feet from any lot line.
(10)
Public transportation terminals, such as bus and rail depots.
(11)
Public and private parking garages and lots.
(12)
Commercial entertainment facilities.
(14)
Dwelling, single-family, two-family, and such uses must meet the lot size requirements of the R-2 Residential District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(15)
Multifamily dwellings and such uses must meet the requirements of the R-2 Residential District.
[Amended by Ord. No. 7-2006]
(16)
Public utility and public service uses as follows:
(a)
Electric substations.
(b)
Gas regulator stations.
(c)
Railroad rights-of-way, but not including railroad yards and shops, freight and service buildings or rights-of-way for switch, lead or spur tracks
(d)
Sewerage system lift stations.
(e)
Telephone exchanges and microwave relay towers equipment buildings.
(f)
Water pumping stations and water reservoirs.
(17)
Service, cleaning or repair shops for personal, household, garden or farm equipment.
§ 365-26 C-2 Highway Commercial District.
A.
Purpose. This district is intended to provide a suitable environment for commercial development on relatively larger lots than the C-1 District, located outside of the central commercial area and generally associated with higher volume traffic arteries.
C.
Height regulations. Maximum height: 35 feet.
E.
Permitted uses.
(1)
Uses permitted in the C-1 District.
(2)
Dwelling, single-family, only as accessory to a principal use.
(3)
Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.
(4)
General farming, except farms operated for the disposal of sewage, rubbish or offal, fur farms, stock farms and poultry farms.
(5)
Truck gardening, nurseries, and greenhouses only for the propagation of plants.
(6)
Forestry, open spaces.
F.
Conditional uses.
(1)
All conditional uses listed in the C-1 District.
(2)
Drive-in establishments serving food and/or beverages.
(3)
Drive-in theaters.
(4)
Motels.
(5)
Lumber yards.
(6)
Grain and feed mills.
(7)
Veterinary clinics and hospitals and animal boarding.
(8)
Truck terminals.
(9)
Agricultural and recreational machinery sales, storage, and repair.
§ 365-27 I-1 Limited Industrial District.
A.
Purpose. This district is intended to provide an area where manufacturing facilities which are clean, quiet, and free of hazardous or objectionable elements, such as noise, odor, dust, smoke, or glare, and which operate entirely within enclosed structures and generate little industrial traffic can be compatibly located.
E.
Permitted uses.
(1)
Commercial greenhouses.
(2)
Laboratories.
(3)
Laundries.
(4)
Printing and publishing houses and related activities.
(5)
Public utility offices and installations.
(6)
Manufacture, packaging, and assembly of products from paper and plastic, provided that the maximum lot coverage of all structures on the site shall not exceed 25% of the gross lot area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
F.
Conditional uses.
§ 365-28 I-2 General Industrial District.
A.
Purpose. This district is intended to provide a suitable environment for general industrial development.
E.
Permitted uses.
(1)
All structures associated with all permitted uses shall be located at least 40 feet from any residential zoning district boundary line.
(2)
Commercial bakeries producing products for resale off-premises.
(3)
Commercial greenhouses.
(4)
Distributors.
(5)
Manufacture and bottling of nonalcoholic beverages.
(6)
Trade and contractor's office.
(7)
Warehousing and wholesaling.
(8)
Utilities.
(9)
Truck terminals.
(10)
Gas stations.
(11)
Auto body repair.
(12)
Agricultural machinery sales and repair.
(13)
Office, storage, power supply and other such uses normally incidental to the principal use.
(14)
General farming, except farms operated for the disposal of sewage, rubbish, or offal, fur farms, stock farms and poultry farms.
(15)
Forestry; open spaces.
(16)
Machine shops.
(17)
Storage and sale of machinery and equipment.
F.
Conditional uses.
(1)
Manufacture, fabrication, processing, packaging and packing of: Confections, Cosmetics, Electrical appliances, Electronic devices, Food, Jewelry, Instruments, Pharmaceuticals, Tobacco, Toiletries.
(2)
Manufacture, fabrication, packing, packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textiles, tobacco, wood.
(3)
Printing or publishing.
(4)
Airports, air strips and landing fields.
(5)
Animal hospitals or pounds.
(6)
Commercial service facilities, such as restaurants and fueling stations, if oriented towards serving the surrounding industrial uses.
(7)
Municipal buildings, except penal or correctional institutions or asylums.
(8)
Sewage disposal plants.
(9)
Contractors' storage yards.
(10)
Public passenger transportation terminals, such as heliports and bus and rail depots.
(11)
Community centers and libraries.
(12)
Fairgrounds.
(13)
Public emergency shelters.
(14)
Parks and playgrounds.
(15)
Public warehouses and storage yards.
(16)
Public garbage incinerators.
(17)
Manufacturing and processing of abrasives, acetylene, acid, alkalies, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candles, carpeting, cellulose, cement, cereals, charcoal, chemicals, chlorine, coal, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickle, plaster of paris, plastics, poison, polish, potash, pulp, pyroxylin, radium, rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles, and varnish.
(18)
Manufacturing, processing and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar, and yeast.
(19)
Animal reduction, bag cleaning, bleacheries, canneries, cold storage ware-houses, electric and steam generating plants, electroplating, enameling, forges, foundries, incinerators, junkyards, lacquering, lithographing, manufacture and bottling of alcoholic beverages, refineries, road test facilities, slaughterhouses, smelting, stockyards, tanneries, weaving, wrecking yards, planned unit developments, farms operated for the disposal of sewage, rubbish or offal, fur farms, stock farms and poultry farms, mineral extraction, quarrying, utility shops, and grain and feed mills.
§ 365-29 A-G Agricultural District.
A.
Purpose. This district is intended to provide a suitable environment for agricultural practices.
E.
Permitted uses.
(1)
General farming and necessary appurtenant structures, except fur farms and farms operated for the disposal of garbage, rubbish, offal or sewage, stock farms and poultry farms.
(2)
Truck gardening, nurseries and greenhouses only for the propagation of plants.
(3)
Roadside stands for the sale of farm products.
(4)
Dwelling, single-family and necessary appurtenant structures on any operating farm for occupancy by those employed in connection with the farm operation and their families.
(5)
Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.
(6)
Forestry, open space.
(7)
Harvesting of wild crops.
F.
Conditional uses.
(1)
Those uses listed as conditional uses in the R-1 District.
(2)
Airports, airstrips and landing fields.
(3)
Kennels.
(4)
Mineral extraction, quarrying.
(5)
Fur farm.
(6)
Stock farms and poultry farms.
(7)
Radio and television towers.
(8)
Sanitary landfill.
(9)
Two-family dwelling.
(10)
Single-family dwelling.
§ 365-30 C-O Conservancy District.
A.
Purpose. This district is intended to protect natural resources. Generally, this district may include swamps, marshlands, river and lake shores and other land of natural aesthetic value.
E.
Permitted uses.
(1)
General farming, provided no drainage, filling or dredging takes place and no farm buildings are constructed.
(2)
The harvesting of any wild crop, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds.
(3)
Sustained yield forestry; open spaces.
(4)
Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.
(5)
Hunting and fishing.
(6)
Preservation of scenic, historic and scientific areas; wildlife preserves.
(7)
Nonresident buildings used solely in conjunction with the raising of waterfowl, minnows and other similar lowland animals, fowl or fish.
(8)
Hiking trails and bridle paths.
(9)
Public and private parks.
§ 365-31 Adult entertainment establishments.
[Added by Ord. No. 12-2006]
A.
Purpose and findings.
(1)
Purpose. The purpose of this section is to regulate adult entertainment establishments in order to promote the health, safety, morals and general welfare of the citizens of the Village of Iron Ridge. The provisions of this section have neither the purpose nor effect of regulating obscenity or imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.
(2)
Findings. Based on evidence concerning the adverse secondary effects of sexually oriented businesses on the community presented in hearings and in reports made available to the Board, and on findings incorporated in the cases of Erie v. Pap's A.M., 529 U.S. 277 (2000), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), New York State Liquor Authority v. Bellanca, 452 U.S. 714(1981), Young v. American Mini Theatres, 427 U.S. 50 (1976), G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003), Ben's Bar v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003), Blue Canary v. City of Milwaukee, 251 F.3d 1121 (7th Cir. 2001), Genusa v. City of Peoria, 619 F.2d 1203 (7th Cir. 1980), Schultz v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000), Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996), DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997), Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996), Northend Cinema, Inc. v. City of Seattle, 585 P.2d 1153 (Wash. 1978), Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), Hang On, Inc. v. City of Arlington, 65 F.3d 11248 (5th Cir. 1995); East of the River Enterprises II v. City of Hudson, 2000 Wis. App. Lexis 734 (Ct. App. Aug. 1, 2000); East of the River Enterprises II v. City of Hudson, 2000 WI App 116; Urmanski v. Town of Bradley, 2000 WI App 141 (2000) and on studies in other communities, including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Dallas, Texas; Newport News, Virginia; Islip, New York; New York, New York; St. Croix County, Wisconsin; and Beaumont, Texas, which evidence the Board reasonably believes is relevant to the potential problems caused by the adverse secondary effects of sexually oriented businesses, the Board finds:
(a)
Adult entertainment establishments lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
(b)
Certain employees of adult entertainments defined in this section as "adult theatres and cabarets" engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.
(c)
Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos, DVDs or live sex shows.
(d)
Offering and providing such space encourages such activities, which creates unhealthy conditions.
(e)
Persons frequent certain adult theatres, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
(f)
At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, and trichomoniasis.
(g)
Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982; 2,200 in 1983; 4,600 in 1984; 8,555 in 1985; 253,448 in 1992; and 886,575 through 2002 (HIV/AIDS Surveillance Report, United States Health and Human Services Department, Center for Disease Control, 2003).
(h)
As of December 30, 2002, there have been 5,386 reported cases of AIDS and 8,233 reported cases of HIV infection in the State of Wisconsin. Review of Wisconsin HIV Case Surveillance Data, Wisconsin Department of Health and Family Services, September 30, 2003.
(i)
Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in the State of Wisconsin.
(j)
In the United States each year, 3,000,000 people are infected with chlamydia, 650,000 with gonorrhea, 70,000 with syphilis, 1,000,000 with herpes, 5,500,000 with human papillomavirus, 120,000 with hepatitis B, and 5,000,000 with trichomoniasis. Overall, the CDC estimates there are 15,000,000 new cases of sexually transmitted diseases each year. Tracking the Hidden Epidemics: Trends in STDs in the United States, United States Health and Human Services Department, Center for Disease Control, 2000.
(k)
The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
(l)
According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(m)
Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
(n)
Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.
(o)
The consumption of alcoholic beverages on the premises of sexually oriented businesses is an explosive combination, one that can beget undesirable behavior and exacerbate the adverse secondary effects of such businesses on the community.
(q)
Adult entertainment establishments have operational characteristics which should be reasonably regulated in order to protect these substantial governmental concerns.
(r)
The general welfare, health, morals and safety of the citizens of the Village will be promoted by the enactment of this chapter.
(s)
It is not the intent of this section to suppress or censor any expressive activities protected by the First Amendment of the United States Constitution or Article I, Section 3 of the Wisconsin Constitution, but rather to enact time, place and manner regulations which address the compelling interests of the Village in mitigating the secondary effects of sexually oriented businesses.
B. ADULT ARCADE ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE(1) (a) (b) (2) (3) ADULT CABARET(1) (2) (3) ADULT ENTERTAINMENT ESTABLISHMENT ADULT MINI MOTION-PICTURE THEATER ADULT MOTEL(1) (2) (3) ADULT MOTION-PICTURE THEATER ADULT THEATER ESCORT ESCORT AGENCY NUDE MODEL STUDIO(1) (2) (3) NUDITY or A STATE OF NUDITY PERSON REGULARLY FEATURES or REGULARLY FEATURING SEXUAL ENCOUNTER CENTER SPECIFIED ANATOMICAL AREAS(1) (2) SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still- or motion-picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment which has a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its revenues from, or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration of, any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, DVDs, or video or digital reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Video stores that sell and/or rent only video tapes, DVDs or other photographic or computer generated reproductions, and associated equipment shall come within this definition if 20% or more if its stock-in-trade or revenues comes from the rental or sale of video tapes, DVDs, or other photographic reproductions or associated equipment which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes, DVDs, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
An enclosed establishment with a capacity of fewer than 50 persons used for regularly featuring materials having as their dominant theme or distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, DVDs, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
An enclosed "establishment" with a capacity of 50 or more persons where, for any form of consideration, films, motion pictures, video cassettes, DVDs, slides, or similar photographic reproductions are regularly featured which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
Any place where a person who appears in a state of nudity, or who displays specified anatomical areas, and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of Wisconsin or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
Where in order to participate in a class, a student must enroll at least three days in advance of the class; and
Where no more than one nude or model is on the premises at any one time.
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of the entire nipple and areola, or the showing of the covered male genitals in a discernibly turgid state.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
That the content or activities that are described as being regularly featured by a adult entertainment establishment are the permanent focus of its business and are given special prominence by the business on a permanent basis.
A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
Less than fully and opaquely covered human genitals, pubic area, vulva, anus, anal cleft or cleavage, or the female breast with less than a fully opaque covering of the entire nipple and areola.
Any of the following:
C.
Restrictions as to location. Adult entertainment establishments, as defined in § 365-31B of this chapter, are restricted as to location in the following manner in addition to any other requirements of this chapter:
(1)
An adult entertainment establishment shall not be located within 1,000 feet of a place of religious worship, school, park, playground, public libraries or athletic field or within 200 feet of any residential district.
(2)
The distances set forth in this section shall be measured from following a straight line, without regard to intervening buildings, between the two nearest points of the property in question, as measured on the Official Zoning Map of the Village of Iron Ridge.
D.
Restrictions on sale, use, consumption or possession of alcohol. The sale, use, consumption or possession of alcoholic beverages on the premises of an adult entertainment establishment is prohibited.
E.
Severability. If any section of this section is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.
F.
Activities not subject to this section.
(1)
This section shall not be construed to prohibit the following activities or products:
(2)
The provisions of this section are not intended to and do not prohibit the simulation of sex acts which are part of nonobscene expressions.
(3)
Whether or not an activity is obscene shall be judged by consideration of the following factors:
(a)
Whether the average person applying contemporary community standards would find that the activity taken as a whole appeals to the prurient interest in sex; and
(b)
Whether the activity depicts or describes sexual conduct in a patently offensive way, as measured against community standards; and
(c)
Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value.
§ 365-32 House number display.
The Iron Ridge Village Board has determined that the health, safety and welfare of the residents of the Village of Iron Ridge would be better served by the establishment of a uniform Village-wide house number display system. This system will enable police agencies, ambulance services, fire services, public utilities, the postal service, Village officials and other necessary services to more rapidly identify and locate properties within the Village of Iron Ridge.
A.
Purpose. The purpose of this section is to establish a system within the Village of Iron Ridge whereby the addresses of all premises will be identified and to provide rules and guidelines to facilitate the enforcement thereof.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
(1)
The term "premises" shall mean any lot or parcel of land owned by any person, firm or corporation, public or private, improved with building, whether occupied or unoccupied.
(2)
The term "house number" shall mean the official number assigned that premises by the Village of Iron Ridge and recognized by the Dodge County 911 Public Safety Communications Center.
(3)
The term "street or road name" shall refer to any official name as recognized by governmental agencies.
C.
Regulation and compliance.
(1)
Every premises shall display the house number assigned to that premises by the Village of Iron Ridge and recognized by the Dodge County 911 Public Safety Communications Center. The individual digits shall be no less than three inches in height but are preferred to be at least four inches in height, shall be readable block-style or decorative letters/numbers and shall be in a contrasting color to the background. The house number shall be displayed in one of the following fashions:
(a)
If the number is displayed on a house or other building, the number shall be placed on the front of the structure in such a position as to be plainly visible to all traffic coming to the premises from either direction.
(b)
If a house or other building is more than 50 feet from the improved portion of the street or road or is not clearly visible from the street or road, the number shall be displayed on a sign adjacent to the street or road on which the property fronts. Such sign shall be attached to a fence or post at a height that assures that the number will not be obscured by winter snows or snowplowing.
(c)
All house numbers must be visible and easily read from the sidewalk, roadway and curb area.
(2)
All structures for which numbers are required shall display numbers promptly upon notification of the correct address from the Village of Iron Ridge. New structures shall display such numbers prior to occupancy if the structure is residential or immediately upon use of the building if the structure is commercial or industrial.
D.
Violation. Failure to display a house number within 90 days of the adoption of this section, or in the case of new construction prior to the issuance of a certificate of occupancy, shall be considered a violation of this section and shall be subject to penalties hereinafter provided.
E.
Penalties. If any person, firm or corporation is found to be in violation of the provisions of this section, the Iron Ridge Police Department will issue a written warning ordering the property owner to comply within 30 days from receipt of the letter. If the violation continues past the date stipulated in the written warning, the property owner shall be guilty of a misdemeanor subject to a fine of not more than $100. Such fine shall be at the discretion of the court. Each and every day during which such violation continues shall be considered a separate and distinct violation hereof and may be charged and prosecuted as such. The above-specified penalty may be imposed for each such violation.