(1)

General provisions.

(a)

Village board authority; requirements. The village board may, by resolution, authorize the zoning administrator to issue a conditional use permit for either regular or limited conditional use after plan commission review and public hearing provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this zoning code and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or community. In the instance of the granting of limited conditional use, the village board in its findings shall further specify the delimiting reason(s) or factors that resulted in issuing limited rather than regular conditional use. Such village board resolution, and the resulting conditional use permit, when, for limited conditional use, shall specify the period of time for which effective, if specified, the name of the permitted, the location and legal description of the affected premises. Prior to the granting of a conditional use, the village board shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.

(b)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within one-half mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The village board shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.

(c)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the village board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(2)

Procedure.

(a)

Petition. Requests for conditional use permits shall be made in writing to the zoning administrator and shall include the following information:

1.

Names and addresses of the applicant, owner of the site, architect, professional engineer and/or contractor, and all opposite and abutting property owners of record.

2.

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; a plan of operation detailing the proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located.

3.

Survey prepared by a registered land surveyor showing the location, property boundaries, dimensions, uses and size of the following, as may be required by the plan commission: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards; and areas subject to inundation by floodwaters. The survey shall also show the location, elevation and uses of any abutting lands and their structures that are located within 300 feet of the subject site; soil mapping unit lines, types and slopes; ground surface elevations; mean and historic high-water lines on or within 50 feet of the subject premises; and existing and proposed landscaping.

4.

In areas subject to inundation by floodwaters, the survey provided by the applicant shall also include first floor elevations, utility elevations, historic and probable future floodwater elevations, depth of inundation, floodproofing measures and plans for proposed structures with dimensions and elevations pertinent to the determination of the hydraulic capacity of the structures or their effect on flood flows. Where floodproofing is required, the applicant shall submit a plan or document certified by a licensed professional engineer or architect attesting to the adequacy of the floodproofing measures to withstand flood forces and velocities associated with a 100-year recurrence interval flood. Prior to the issuance of a certificate of compliance, the applicant shall also submit a certification by the licensed professional engineer that the finished floodproofing measures were accomplished in compliance with the provisions of this chapter.

5.

Additional information as may be required by the village board, village plan commission, village engineer or the zoning administrator.

(b)

Referral to the plan commission. The zoning administrator shall refer such petitions to the plan commission for review.

(c)

Plan commission review.

1.

Public hearing. Upon referral of the petition, the plan commission shall hold an official public hearing thereon as soon as possible and in the manner provided in section 78-128 of this chapter.

2.

The plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sound and vibration generation, sewerage and water systems and the proposed plan of operation for compliance with the Code of Ordinances and the purpose and intent of this chapter.

3.

The plan commission may recommend conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

4.

Determination. Following public hearing and necessary investigation, the plan commission shall, as soon as practical, render its findings in writing to the village board. Such findings shall include an accurate description of the recommended approved use, the property description and all conditions applied to the recommended approval. If the plan commission does not recommend approval of the proposed conditional use, the plan commission shall state their reasons for disapproval.

(d)

Village board action. Following the public hearing, and after consideration of the plan commission's recommendations, the village board may grant the conditional use permit as applied for, grant the conditional use permit with conditions or limitations deemed appropriate by the board, or deny the permit. No petition for a conditional use permit shall be granted by the village board unless the board finds that all of the following conditions are present:

1.

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

2.

That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.

3.

That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

4.

That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

5.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

6.

That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

7.

That the proposed use doe snot violate floodplain regulations governing the site.

8.

That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.

9.

That, when applying the above standards to any new construction of a building or an addition to an existing building, the village board shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

(e)

Accessory uses and structures. Uses and structures accessory to the conditional use grant shall be regulated in accordance with the provisions of this subsection.

(3)

Compliance with other zoning provisions. Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.

(4)

Mapping and recording. When a conditional use grant is approved, an official record of such conditional grant shall be prepared by the village clerk on a prescribed form which shall include the description of the use for which the grant is given and all development plans and conditions attached thereto. A copy of the completed form shall be recorded at the Waukesha County Register of Deeds as a covenant on the title for the premises for which the conditional use was granted and also any conditions for which responsibility shall inure to a tenant shall be made a part of any lease agreement affecting the property.

(5)

Termination and amendment:

(a)

Where the village board has approved or conditionally approved a petition for a conditional use, such approval shall become null and void within 12 months of the date of the village board's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently pursued.

(b)

Where a permitted conditional use is discontinued for a period of 12 consecutive or 36 cumulative months, the conditional use grant shall automatically expire and any future use shall conform to the regulations of the district in which it is located.

(c)

Where a permitted conditional use does not continue in conformity or comply with the conditions of the original approval, or where there is a change in the nature, character, or extent of the permitted conditional use, or where a change in the character of the surrounding area or if the use itself causes it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the conditional use grant may be terminated by action of the village board after public hearing thereon.

(d)

Amendments. Changes in circumstances subsequent to the initial issuance of a conditional use permit that result in a need to change the initial conditional use permit provisions shall be addressed through an amendment to the conditional use permit. The process for amending a permit shall follow the procedures for granting an initial conditional use permit.

(6)

Application to existing uses:

(a)

A use that existed lawfully on a lot at the time said lot was placed in a district where such use would be permitted only as a conditional grant, shall be required to apply for a conditional use following the procedures stated in subsection (2).

(b)

The grant of conditional use in such case shall be based upon the existing conditions at that time and any expansion in use shall require an amendment to the conditional use grant.

(c)

Petition may be made at any time for expansion or other change of the conditional use grant and such petition shall not prejudice the existing grant as herein authorized.

(d)

Existing legal non-conforming uses may be reclassified to a conditional use subject to approval by the village, property owner, and in accordance with the provisions, procedures, and requirements of this subchapter.

(Ord. of 7-11-05, § 1)

(1)

Adult-oriented activity and adult establishments. Subject only to the following:

Whereas, the village board of the Village of Lannon has been authorized to exercise those powers conferred on village boards by Wis. Stats. ch. 61;

Whereas, it is a lawful purpose of the village board to enact regulatory ordinances protecting and promoting the general welfare, orderly conduct, health and safety of its citizens.

WHEREAS, there is convincing documented evidence that adult-oriented establishments have a significant adverse secondary effect on surrounding communities, and the village board has considered the following studies, cases and reports:

1.

Rural Hot Spots: The Case of Adult Businesses, by Richard McCleary, explaining that although most studies regarding adult-oriented establishments are conducted in urban settings, the results can be translated to rural areas.

2.

Crime-Related Secondary Effects of Sexually-Oriented Business, By Richard McCleary, finding that criminal activity is higher near adult-oriented establishments.

3.

Report by Beaumont, Texas City Planning Department finding that criminal activity is higher at adult-oriented establishments.

4.

Town of Fairhaven 1998 Report on Findings Concerning Impacts of Sexually Oriented Business.

5.

Report to Palm Beach County Attorney, by Valerie Jenness, Ph.D., Richard McCleary, Ph.D., James W. Meeker, JD, Ph.D., August 15, 2007.

6.

The consumption of alcoholic beverages on the premises of sexually oriented businesses exacerbated the deleterious secondary effect of such businesses on the community. The Court of Appeals has asserted that "[c]ommon sense indicates that any form of nudity coupled with alcoholic begets undesirable behavior," Ben's Bar, Inc., v. Village of Somerset, 316 F.3d 702 (7 ^th Cir. 2003).

7.

The findings of City of Renton v. Playtime Theaters, Inc., 475 U.S. (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976), FW/PBS, Inc., v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M., 120 S.Ct. 1382 (2000), East of River Enterprises II v. City of Hudson, 235 Wis.2d 277; Ben's Bar, Inc., v. Village of Somerset, 316 F.3d 702 (7 ^th Cir. 2003).

8.

Findings in Green Valley Investment LLC v. County of Winnebago, 790 F.Supp.2d 947 (2011) showing reasonable regulations of time and place restrictions do not violate the First Amendment.

9.

Study of Calls for Service to Adult Entertainment Establishments which Serve Alcoholic Beverages, by Fulton County Georgia Police Department, explaining the increased risk of crime when adult-oriented establishments are permitted to serve alcoholic beverages. June, 1997.

WHEREAS, the village board recognizes these adverse secondary effects and also recognizes the presence of alcohol in adult cabarets causes further undesirable behavior and believes that the experiences and studies of other communities set forth above are relevant in addressing adverse secondary effects of adult-oriented establishments in the Village of Lannon; and

WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which address the secondary effects of adult-oriented establishments while avoiding regulation of content; and

WHEREAS, the village board concludes that adult-oriented establishments regulated by this section have adverse secondary effects, that adverse secondary effects of adult-oriented establishments tend to diminish if such establishments are governed by content-neutral regulations, and the consumption of alcoholic beverages on the premises of an adult cabaret exacerbates adverse secondary effects of such establishments;

Now, therefore, the village board does hereby, based in part upon the foregoing findings, does hereby resolve and ordain as follows:

(a)

Definitions.

1.

Adult-oriented establishments shall include those establishments defined in sections (a) 2.-8. hereafter. It further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult oriented motion or video pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

2.

Adult bookstore means an establishment or business or an area within a building having as a substantial or significant portion of its stock in trade, for sale, rent, lease, inspection or viewing books, films, video cassettes, CD's, DVD's, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or related to "specified anatomical areas" or "specified sexual activities", as defined below, or an establishment with a segment or section devoted to the sale, rental or display of such material.

3.

Adult motion picture theater means an area within a building with a capacity of 15 or more persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities", or "specified anatomical areas", as defined below, for observation by patrons therein.

4.

Adult motion picture mini theater means an area within a building with a capacity of less than 15 persons used for presenting material having as its dominant theme, or is distinguished or characterized by an emphasis on, matters depicting, describing or related to "specified sexual activities", or "specified anatomical areas", as defined below, for observation by patrons therein.

5.

Adult bath houses means an establishment or business or area thereof that provides the service of baths of all kinds, including all forms and methods of hydrotherapy, which is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in "specified sexual activities" as defined in this chapter.

6.

Adult massage parlors means an establishment or business or area thereof with or without sleeping accommodations which provides services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the State of Wisconsin.

7.

Adult novelty shop means an establishment or business or area thereof having as a substantial or significant portion of its stock and trade in novelty or other items including, but not limited to, movies, tapes, videos, CD's, DVD's, books, etc., which are distinguished or characterized by their emphasis on, or designed for, "specified sexual activity," or stimulating such activity, as defined herein.

8.

Adult cabaret means an establishment or business or area thereof where a dancer or other entertainer provides live adult entertainment, expositions, or shows, including but not limited to floor shows, exotic dancing, male or female impersonators, or similar entertainment and engages in a public or private performance, acts as a public or private model, displays or exposes any "specified anatomical area(s)" as defined herein to a patron or customer, or wears or displays to a customer any covering, tape, pastie, or other device which simulates or gives the appearance of the display or exposure of any "specified anatomical area(s)" as defined herein.

9.

Entertainer means a dancer, stripper, impersonator or similar performer referred to in subsection (8).

10.

Adult entertainment means any exhibition of any electronic, video or motion pictures, live performances, display or dance of any type, which has as a significant or substantial portion of such performance or is distinguished or characterized by an emphasis on, any actual or simulated performance of "specified sexual activities," or exhibition and viewing of "specified anatomical areas," as defined below, appearing unclothed, or removal of articles of clothing reveal "specified anatomical areas."

11.

Specified sexual activities means simulated or actual:

a.

Showing of human genitals in a state of sexual stimulation or arousal;

b.

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus;

c.

Fondling or erotic touching of human genitals, pubic region, or areola or nipple of a female breast.

d.

Excretory functions, as part of or in connection with any of the activities set forth in subsections a through b above.

12.

Specified anatomical areas means:

a.

Less than completely and opaquely covered human genitals, pubic region, perineum, or areola or nipple of a female breast;

b.

Human male genitals in a discernible turgid state, even if opaquely covered.

13.

Operator(s) means any person, association, partnership, LLC or corporation operating, conducting, maintaining or owning any adult oriented establishment.

14.

"Significant" or "Substantial," as used in various definitions shall mean fifty percent (50%) or more of a business' stock in trade, display space, floor space or retail sales in any one month during the calendar year.

(b)

Conditional use permit required.

1.

After the effective date of this chapter, no adult-oriented establishment shall be operated or maintained in the Village of Lannon without first obtaining a conditional use permit to operate issued by the Village of Lannon.

2.

A conditional use permit may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person, partnership, limited liability company, or corporation which desires to operate more than one adult-oriented establishment must have a conditional use permit for each.

3.

Once issued a conditional use permit or interest in a conditional use permit may not be transferred to any other person, partnership, limited liability company, or corporation. Each operator must obtain its own individual conditional use permit.

3.

It shall be unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to, the operation of any adult-oriented establishment which does not have a conditional use permit pursuant to this ordinance.

5.

Nothing in this ordinance shall be construed as to permit material or performances prohibited by Wis. Stats. § 944.21.

(c)

Application for conditional use permit.

1.

Any person, partnership, limited liability company or corporation desiring to secure a conditional use permit shall make application to the village clerk. The application shall be filed in triplicate with and dated by the village clerk. A copy of the application shall be distributed promptly to the Village of Lannon Police Department, village clerk, and the applicant.

2.

The application for a conditional use permit shall be upon a form provided by the village clerk. An applicant for a license interested directly in the ownership or operation of the business shall furnish the following information under oath:

a.

Name (including aliases) and address;

b.

Written proof that the individual or designated representative is at least 18 years of age;

c.

The exact nature of the adult-oriented establishment and the address of the adult-oriented establishment to be operated by the applicant;

d.

If the applicant is a corporation, partnership, or limited liability company, or other entity, the applicant shall specify the name of the corporation, partnership, or limited liability, or entity, the date and state of incorporation or formation or establishment, the name and address of the registered agent, operating member or authorized representative and the name and address of any shareholder(s), members, partners, owners or investors who individually or jointly owns or controls more than ten percent of the ownership in the entity that controls or owns the adult-oriented establishment and all persons responsible for the management and operation of the adult-oriented establishment;

e.

All persons or entities required to be named under paragraph 2. d. above who currently operate, or have previously operated, in this or any other county, city or state an adult-oriented establishment or similar business must indicate their trade name, address, dates of operation and whether any such adult-oriented establishments have had their ability to operate suspended or revoked.

f.

Proof of ownership or proof of a lease or other legally enforceable right to possess and use the premises where the adult-oriented business is to be operated.

3.

Within 60 days of receiving an application for a conditional use permit, the village board shall grant or deny the conditional use permit unless it needs to hold the application for an additional 60 days for further investigation. The village clerk shall notify the applicant whether the application is granted or denied or being held for up to an additional 60 days, unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the village board shall grant or deny the permit.

4.

Whenever an application is denied or held for further investigation, the village clerk shall advise the applicant in writing of the reasons for such action. If the applicant's request is denied, the village clerk shall advise the applicant in writing of the reasons for such action and that the applicant has the right to request a hearing within ten days of receipt of notification of denial, a public hearing shall be held before the village board, pursuant to section 78-128.

5.

Failure or refusal of the applicant to timely provide any information relevant to the investigation of the application or his, her, its refusal or failure to appear at any reasonable time and place for examination under oath regarding said application; or his, her, its refusal to submit to or cooperate with any investigation required by this chapter shall constitute an admission by the applicant that he, she is ineligible for such conditional use permit and shall be grounds for denial thereof by the village clerk.

(d)

Standards for issuance of conditional use permit.

1.

The review of any conditional use permit application will be limited to the standards outlined in this subsection 78-58(1). The general conditional use permit provisions of section 78-57 shall not apply to conditional use permit applications for adult-oriented establishments. To receive a conditional use permit to operate an adult-oriented establishment, an application must meet the following standards:

a.

If the applicant is an individual:

1)

The applicant shall be at least 18 years of age;

2)

The applicant shall not have been found to have previously violated this chapter or an ordinance of like terms in another jurisdiction or have been arrested or convicted for a violation for which a conditional use permit may be denied under Wis. Stats. § 111.335, or any offense involving moral turpitude, prostitution, obscenity or other offense of a sexual nature within five years immediately preceding the date of the application.

b.

If the applicant is a corporation, partnership, limited liability company, or other entity:

1)

All persons required to be named under section 78-58(1)(c)2.d. shall be at least 18 years of age.

2)

No person required to be named shall have been found to have previously violated this chapter or any ordinance of like terms in another jurisdiction or have been arrested or convicted for a violation for which licensure may be denied under Wis. Stats. § 111.335, of any offense involving moral turpitude, prostitution, obscenity or other offense of a sexual nature within five years immediately preceding the date of the application.

c.

If the applicant is a partnership, joint venture, limited liability company or any other type of organization where two or more persons have a financial interest, each shall be held to the same standards for issuance of a conditional use permit under subsection 78-58(1) as stated above.

d.

Any application for a conditional use permit shall include a review of the following:

1)

The type of adult-oriented establishment the applicant intends to operate.

2)

The proposed maximum occupancy capacity of the establishment.

3)

Sufficient off-street parking providing for at least one paved and marked parking space for every 150 square feet of gross floor area within the establishment.

4)

Outdoor lighting for the establishment that shall be shielded and so arranged as to prevent spray onto adjacent properties.

5)

Sufficiency of proposed security personnel and procedures in place at the establishment.

6)

The number of full-time and part-time employees to be employed at the establishment.

7)

The type of exterior signage that will be used at the establishment.

8)

The type of food and its preparation that would be made available to patrons of the adult-oriented establishment.

(e)

Fees. A fee of $500.00 shall be submitted with the application for a conditional use permit. If the application is denied, one-half of the fee shall be returned.

(f)

Display of conditional use permit.

1.

A copy of the conditional use permit shall be displayed in a conspicuous public place in the adult-oriented establishment.

(g)

Renewal of conditional use permit.

1.

Every conditional use permit issued pursuant to this chapter will terminate at the expiration of one year from the date of issuance or the following June 30th, whichever is later, unless revoked sooner, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a conditional use permit shall make application to the village clerk. The application for renewal must be filed not later than 90 days before the conditional use permit expires. The application for renewal shall be filed in triplicate and dated by the village clerk. A copy of the application for renewal shall be distributed promptly to the village clerk and to the Lannon Police Department and village building inspector. The clerk shall require complete information and data, given under oath or affirmation, as is required for an application for a new conditional use permit. The application for renewal shall indicate any information previously provided to the village that has changed or needs to be updated.

a.

Prior to an application for renewal being granted, the village shall undertake a review of any offenses that may have occurred at the adult-oriented establishment since the date of last issuance that may make the operator ineligible for renewal of the conditional use permit.

2.

A conditional use permit renewal fee of $_______ shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $_______ shall be assessed against an applicant who files for a renewal less than 90 days before the conditional use permit expires. If the application is denied, one-half of the total fees collected shall be returned.

(h)

Suspension or revocation of conditional use permit.

1.

The village board may revoke a conditional use permit for any of the following reasons:

a.

Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.

b.

The operator or any employee of the operator violated any provision of this ordinance; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 60 days if the village board shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.

c.

The operator becomes ineligible to obtain a conditional use permit.

d.

Any cost or fee required to be paid by this chapter is not paid.

e.

Any intoxicating liquor or cereal malt beverage has been dispensed or consumed on the premises of the adult-oriented establishment.

2.

The village board before revoking or suspending any conditional use permit shall give the operator at least ten days' written notice of the charges against the operator, and the village's intent to revoke the operator's conditional use permit. The operator shall be given the opportunity for a public hearing before the village board, pursuant to section (1) below prior to the revocation of the conditional use permit. The village board shall make its determination regarding revocation after such public hearing, or at the expiration of the 10-day notice period provided for above if no public hearing is requested.

3.

The attempted transfer of a conditional use permit or any interest in a conditional use permit shall automatically and immediately revoke the conditional use permit.

4.

Any operator whose conditional use permit is revoked shall not be eligible to receive a conditional use permit for one year from the date of revocation. No location of premises for which a conditional use permit has been issued shall be used as an adult-oriented establishment for six months from the date of revocation of the conditional use permit.

(i)

Physical layout of adult-oriented establishment. Any adult-oriented establishment having available for customer, patrons, or member any booth, room or cubicle for a private viewing of any adult entertainment must comply with the following requirements:

1.

Access. Each booth, room or cubicle shall be totally accessible to and from aisle and public areas of the adult-oriented establishment and shall be unobstructed by any door, lock or other control-type devices.

2.

Construction. Every booth, room or cubicle shall meet the following construction requirements:

a.

Each booth, room or cubicle shall be separated from adjacent booths, rooms or cubicles and any non-public areas by a wall.

b.

Have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same.

c.

All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet and be, non-absorbent, smooth textured and easily cleanable.

d.

The floor must be nonabsorbent, smooth textured and easily cleanable.

e.

The lighting level of each booth, room or cubicle, when not in use, shall be a minimum of ten-foot candles at all times, as measured from the floor.

3.

Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individuals shall damage or deface any portion of the booth.

(j)

Responsibilities of the operator.

1.

Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or cause the omission.

2.

Any act or omission of any employee constitutes a violation of the provisions of this chapter shall be deemed that act or omission of the operator for purpose of determining whether the operator's conditional use permit shall be revoked, suspended or renewed.

3.

No operator or employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or allow any minor to view adult entertainment as defined herein.

4.

The operator shall maintain the premises in a clean and sanitary manner at all times.

5.

The operator shall maintain at least ten-foot candles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles, provided, however, at no time shall there be less than one foot candle of illumination in said aisles, as measured from the floor.

6.

The operator shall insure compliance of the establishment and its patrons with provisions of this chapter.

7.

No operator shall suffer, allow or permit any employee or performer and no employee or performer shall intentionally touch the clothed or unclothed body of any patron or customer at the establishment premises, at any point below the neck and above the knee of the person, excluding that part of the person's arm below the wrist, commonly referred to as the hand. It shall further be unlawful for any patron or customer in or upon the establishment premises, to touch any portion of the clothed or unclothed body of an operator, employee or performer below the neck and above the knee, excluding that part of the operator's employee's or performer's arm below the wrist.

(k)

Registration of entertainers.

1.

Any person desiring to provide entertainment in the Village of Lannon as an entertainer at any adult-oriented establishment, before engaging in any such entertainment shall register at the Village of Lannon Police Department. The individual shall provide full name and permanent address, date and place of birth, information concerning height, weight, hair and eye color, gender and race, two forms of identification with at least one form being photo identification confirming such information, stage name and booking agent if any, accompanied by a fee of $25.00. Such registration shall be valid for one year from date of registration.

2.

Upon registration, the police department will provide to each registered entertainer an identification card containing the individual's photograph. Upon request of any law enforcement officer, this identification card shall be made available for inspection at any time the individual is performing duties upon the premises. A duplicate original shall be displayed at the licensed premises.

3.

No person shall permit entertainment by an individual subject to this section without prior registration as required in subsection (k) above.

(l)

Appeal provisions. Any operator or applicant aggrieved by a decision of the plan commission or village board may appeal such decision to a board of appeals, as established by section 78-129. A decision of the plan commission or village board may be reviewed upon the request of an aggrieved person and shall be made to the village clerk within thirty (30) days of the decision.

(m)

Location. Adult-oriented establishments shall only be permitted in the L-1 zoning district under the Village of Lannon Code, section 78-90. The restrictions of section 78-90(6)(a) shall not apply to adult-oriented establishments. Accordingly, adult-oriented establishments may be operated or maintained only within the L-1 zoning district with a conditional use permit. Further, any adult-oriented establishment may not be located within 500 feet of any pre-existing school, church or day care center.

(n)

Hours of operation. No adult-oriented establishment shall be open between the hours of 2:00 a.m. and 12:00 p.m., Monday through Sunday.

(o)

Alcoholic beverages in adult cabarets. The sale, use, or consumption of any alcoholic beverages, fermented malt beverages, or intoxicating liquors on the premises of an adult cabaret is prohibited.

(p)

Violations and penalties. Any person, partnership or corporation who is found to have violated this section shall forfeit a definite sum of not more than $1,000.00, together with the costs of prosecution. In addition to the monetary penalty imposed, violation of this section may further result in the suspension, revocation or nonrenewal of any license or permit issued under this section. Each violation of this section shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense.

(q)

Exclusions. All private schools, and public schools as defined in Wis. Stats. ch. 115, located within the Village of Lannon are exempt from obtaining a license hereunder when instructing pupils in professional nursing care or human growth and development as a part of its curriculum. All licensed medical care or professional nursing care facilities located within the Village of Lannon, and agents of the Village of Lannon and Waukesha County Health Department are exempt from obtaining a license hereunder when engaged in the providing of medical care or human growth and development education.

(r)

Severability. If any provision of this ordinance is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of same. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portions thereof of the ordinance which shall remain in full force and effect.

(2)

Automobile service stations. Subject to the following, but are not limited to:

(a)

The location, building and site plans and plan of operation shall be submitted to and approved by the village board and plan commission.

(b)

No gasoline pump or other accessory equipment shall be closer than 20 feet to the base setback line.

(c)

No lighting installations shall be permitted which create a hazard to traffic or nuisance to surrounding property.

(3)

Animal hospitals, veterinarian clinics, commercial kennels. The following requirements shall be met for issuance of a conditional use or for use by right, but not limited to:

(a)

The location, building and site plans and a plan of operation shall be submitted to and approved by the village board and plan commission.

(b)

Animal hospitals and clinics not involved in the operation of a commercial kennel may be permitted on lots of not less than one acre and shall be in conformance with building location, height regulations and area regulations of the district in which such facilities are located. A commercial kennel operation shall not be permitted on parcels of less than three acres and 300 feet of minimum average width.

(c)

No building other than one used only for residence purposes shall be closer than 50 feet to the lot line of an adjoining lot in an agricultural or residential zoning district, where the buildings are to be used to board or house dogs in a commercial kennel, including outdoor kennel runs, such structures and fenced runs shall not be closer than 100 feet to an adjoining lot line.

(d)

To be in accordance with noise standards in section 78-124.

(4)

Bed and breakfast establishments. Subject to the following requirements, but are not limited to:

(a)

The location, building and site plan and a plan of operation shall be submitted to and approved by the village board and plan commission.

(b)

No more than four bedrooms are rented.

(c)

Adequate off-street parking is provided at the rate of one stall per bedroom plus two stalls for the owner/manager.

(d)

Any permit required by Wis. Stats. § 50.51(b) has been secured and evidenced to the village.

(e)

One exterior advertising sign may be erected on the premises. Sign location, type and size must be included in, and approved as, part of the site plan. Sign shall follow business sign regulations.

(5)

Churches, synagogues and other buildings for religious assembly. Subject to the following, but are not limited to:

(a)

The location, building and site plan and a plan of operation shall be submitted to and approved by the village board and plan commission.

(b)

A floor area ratio of at least 50 percent be observed.

(c)

Off-street parking be provided for one automobile for each four seats provided in the main assembly of the building.

(d)

Such use shall conform to the setback, height, and double the offset requirements of the district in which it is located.

(e)

The height limitation may be extended to a maximum of 50 feet provided the minimum required setbacks and offsets shall be increased two feet for every additional foot of height in excess of the permitted maximum in that district. The aforesaid height regulation shall not apply to the spire or belfry of a church except where airport safety zone regulations specifically limit the maximum height.

(6)

Cemeteries and mausoleums for the burial of human remains only. Subject to the following, but are not limited to:

(a)

The location, building and site plans and plan of operations shall be submitted to and approved by the village board and plan commission.

(b)

Fifty feet minimum offset setback.

(7)

Commercial fish or bait ponds or hatcheries. Subject to the following, but are not limited to:

(a)

The location, building and site plans and plan of operations shall be submitted to and approved by the village board and plan commission.

(b)

No such use shall be permitted on a lot less than five acres in area.

(c)

No building other than one used only for residence purposes shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.

(8)

Daycare. Subject to the following, but are not limited to:

(a)

The location, building and site plans and plan of operations have been submitted to and approved by the village board and plan commission.

(b)

Parking per section 78-50 of this Code.

(9)

Drive-in and drive thru establishments serving food or beverages to customers other than at a booth or table. Subject to the following, but are not limited to:

(a)

The location, building and site plans and plan of operations have been submitted to and approved by the village board and plan commission.

(b)

The requirements of section "restaurants" are fully met.

(c)

Sufficient onsite stacking of vehicles shall be provided so as not to have cars waiting off-site for drive-through service.

(10)

Guest houses. Subject to the following, but are not limited to:

(a)

The location, building and site plans, and plan of operation shall be submitted to and approved by the plan commission.

(b)

Minimum lot size 120,000 square feet.

(c)

Deed restriction. Structure shall not be rented, leased, or used for continuous or permanent habitation.

(11)

Legal nonconforming uses. As noted by section 78-53.

(12)

Mobile home/manufactured housing parks. Subject to the following, but are not limited to:

(a)

The location, building and site plans and plan of operation shall be submitted to and approved by the village board and plan commission.

(b)

The provisions of all county, state and local regulations upon trailers, mobile homes, manufactured homes and mobile home/manufactured housing parks shall be met, including Wis. Stats. 66.0435, 140.05(78) and subject to chapter 42 of the Municipal Code.

(c)

The location of any mobile home/manufactured housing park shall be restricted to the Mobile Home/Manufactured Housing District, shall be subject to the conditional use procedures, and shall operate in such a manner so as not to violate any of the requirements imposed by the conditional use.

(d)

No occupied mobile home/manufactured home shall be located within the village between the recognized setback line for the zoning district in which such mobile home/manufactured home is located and the street or highway, or within 20 feet to the right-of-way line of a public street or internal private street system of the park, nor less than ten feet from any building or other mobile home/manufactured housing or from the boundary line of the lot on which located.

(e)

The basic unit shall not occupy in excess of 30 percent of the area of the site and the complete unit including all accessory structures shall not occupy more than 40 percent of the site. Expansion and modification of existing mobile home/manufactured housing parks shall be in accord with the current regulations.

(f)

Parking spaces in a ratio of two for each home site shall be provided within the boundaries of each permanent unit. At least one off-street parking space for visitors shall be provided for each five permanent units.

(g)

Each park shall contain a recreation area containing a minimum of one-half acre for each 50 sites with a minimum area of one acre total per park.

Cross reference— Zoning Districts, section 78-84 et seq.

(h)

The mobile home/manufactured housing park shall also be subject to the provisions of chapter 42 of the Municipal Code regarding mobile homes/manufactured housing and mobile parks.

(13)

Motels and hotels. Subject to the following, but are not limited to:

(a)

The location, building and site plans and plan of operation shall be submitted to and approved by the village board and plan commission.

(b)

No such use shall be permitted on a lot less than three acres in area.

(c)

Off-street parking shall be required in accordance with section 78-50 of this chapter.

(d)

No building shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.

(e)

All provisions of the motel ordinance of the two shall be complied with.

(14)

Nurseries. Subject to the following, but are not limited to:

(a)

The location, building and site plan and plan of operation shall be submitted to and approved by the village board and plan commission.

(15)

Park and recreation areas of low intensity undeveloped type. Subject to the following, but are not limited to:

(a)

The location, building and site plan and plan of operation shall be submitted to and approved by the village board and plan commission.

(b)

Alterations to the site will be approved only if they enhance or augment the natural characteristics of the site.

(16)

Reserved.

(17)

Private clubs and outdoor recreational facilities such as recreational camps, golf courses and resorts. Subject to the following, but are not limited to:

(a)

The location, building and site plans, and plan of operation shall be submitted to and approved by the village board and plan commission.

(b)

No such use shall be permitted on a lot less than three acres in area except in a restricted business or less restrictive district.

(c)

No building, other than one used only for residence purposes, shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.

(d)

Off-street parking shall be provided as required by the village board and plan commission adequate to meet the particular needs of the proposed use.

(e)

No such permitted use shall include the operation of a commercial facility such as a bar or restaurant except as may be specifically authorized in the grant of permit.

(18)

Quarters for household/security/employees, caretaker units. Subject to the following, but are not limited to:

(a)

The location, building and site plans, and plan of operation shall be submitted to and approved by the village board and plan commission.

(19)

Restaurants, supper clubs, lake resorts, taverns, and similar uses. Subject to the following, but are not limited to:

(a)

The location, building and site plans, and plan of operation shall be submitted to and approved by the village board and plan commission.

(b)

The minimum lot area shall meet the minimum of the district.

(c)

Off-street parking shall be provided within 200 feet of the building in which such use is occurring, but offset 20 feet from any lot line of an adjacent property zoned agricultural and any residential zoning district. The amount of space required shall be in accordance with the requirements contained in section 78-50.

(d)

A planting screen of at least six feet in initial height shall be provided between any abutting residential district and the proposed use. Additional planting screens may be required by the plan commission.

(e)

The proposed building shall be offset at least 50 feet from any abutting residential district and 100 feet from any navigable body of water.

(20)

Sod farming. Subject to the following, but are not limited to: The location, building and site plans, and plan of operation shall be submitted to and approved by the village board and plan commission.

(21)

Telecommunication towers, antennas, and related facilities. Subject to the following, but are not limited to:

(a)

Purpose and intent.

1.

The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to:

a.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

b.

Encourage the location of towers in nonresidential areas;

c.

Minimize the total number of towers throughout the village;

d.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

e.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the village is minimal;

f.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

g.

Enhance the ability of the providers of telecommunications services to provide such services to the village quickly, effectively, and efficiently;

h.

Consider the public health and safety of communication towers; and

i.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the village shall give due consideration to the village's zoning districts, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(b)

Definitions. For the purpose of [this] chapter, the following terms and phrases shall have the meaning ascribed to them in this section:

1.

Alternative support structure. Clock towers, steeples, silos, light poles, flagpoles, water towers, buildings or similar structures that may support telecommunication facilities.

2.

Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

3.

Antenna building mounted. Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building.

4.

Antenna ground mounted. Any antenna with its base placed directly on the ground.

5.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

6.

Camouflaged tower. Any telecommunication tower that due to design or appearance entirely hides, obscures, or conceals the presence of the tower and antennas.

7.

Guyed tower. A telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

8.

Height, telecommunications tower. The distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas, protection devices (e.g. lightning rods) and lighting.

9.

Lattice tower. A telecommunication tower that consists of vertical and horizontal supports and crossed metal braces.

10.

Monopole. A telecommunication tower of a single pole design.

11.

Navigable stream or lake As designated on the United States Geological Survey (USGS) map and/or the Village of Lannon zoning maps.

12.

Nonconforming. Any pre-existing telecommunications facility that was in existence prior to the adoption of this chapter and that has not been issued a conditional use permit or was issued a conditional use permit prior to the adoption date of this chapter. This definition shall only apply to this specific chapter and shall not apply to other Village of Lannon Zoning Ordinances.

13.

Operation Means other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications it shall be deemed in operation.

14.

Platform. A support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.

15.

Satellite dish. A device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

16.

Telecommunication facility. A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals, excluding those facilities exempted under section 78-58(21)(c).

17.

Telecommunication facility co-located. A telecommunication facility comprised of a single telecommunication tower or building supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private entity.

18.

Telecommunication support facility the telecommunication equipment buildings and equipment cabinets.

19.

Telecommunications tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guy towers, or monopole towers. This includes radio and television transmission towers, microwave towers, and common-carrier towers. It shall exclude alternative support structures and those facilities exempted under section 78-58(21)(c).

20.

Utility pole mounted antenna. An antenna attached, without regard to mounting, to or upon an existing or replacement electric transmission or distribution pole, street light, traffic signal, athletic field light, utility support structure or other similar structure approved by the Village of Lannon Zoning Department.

(c)

Exempt from village review. The following shall be permitted without village approvals:

1.

Mobile services providing public information coverage of news events of a temporary or emergency nature.

2.

Freestanding (ground mounted antenna) antennas (not supported on or attached to a building) and their supporting towers, poles or masts and their equipment buildings 350 square feet or less in size, may be installed without a zoning permit when the overall height of the antennas and their supporting structures do not exceed a height of 45 feet above the original grade at the site of the installation. Antennas, their supporting towers, poles or masts and their equipment building to be located in the A-1 Zoning District are subject to meeting the requirements of Wis. Stats. § 91.01(10) as amended from time to time.

3.

Antennas installed on, or attached to, any existing building (building mounted antenna), an existing telecommunication tower, or alternative support structure and their equipment buildings 350 square feet or less in size, when the height of the antenna and its supporting tower, pole or mast is 30 feet or less above the highest part of the building or alternative support structure to which it is attached. Antennas, installed on, or attached to, any existing building, an existing telecommunication tower, or alternative support structure and their equipment buildings to be located in the A-1 Zoning District are subject to meeting the requirements of Wis. Stats. § 91.01(10) as amended from time to time.

4.

Utility pole mounted antennas if the height of the antenna is 30 feet or less above the highest part of the utility pole.

(d)

Areas permitting telecommunication facility location with conditional use approval. Telecommunication facilities may be permitted in the following zoning district, subject to conditional use review and approval by the Village of Lannon in compliance with 78-58(21)(j) and all other applicable sections of this chapter:

1.

L-1, Light Industrial.

2.

I, Institutional and Public Service.

(e)

Conditional use application. Locating and constructing a telecommunication tower or a new alternative support structure, including the buildings or other supporting equipment used in connection with said tower shall require a conditional use permit as stated in section 78-57.

(f)

Annual information report. The purpose of the annual review report under this section is to provide the county with accurate and current information concerning the telecommunications tower owners and providers who offer or provide telecommunications services within the county, or that own or operate telecommunication facilities with the county, to assist the county in enforcement of this ordinance, and to assist the county in monitoring compliance with the conditional use permit and this chapter.

1.

Annual information report. All telecommunications tower owners of any new or existing telecommunication tower shall submit annually on or before January 31 of each year, to the Village of Lannon a telecommunications facility annual information report. The annual report shall include the tower owner name(s), address(s), phone number(s), contact person(s), annual review fee, proof of bond as security for removal. The tower owner shall supply the tower height and current occupancy, if applicable. This information shall be submitted on a village form, designated for such use, and shall become evidence of compliance.

2.

Annual information report fee. Following the conditional use approval, every year thereafter the tower owner shall submit, on or before January 31 of each year, to the Village of Lannon the annual review fee of $200.00 per tower site. The fee submittal is the responsibility of each tower owner. Failure to provide this information shall result in a civil forfeiture of $297.00 per day until the information is received by the Village of Lannon.

(g)

Removal/security for removal.

1.

It is that express policy of Village of Lannon and this chapter that telecommunications facilities be removed once they are no longer in use and not a functional part of providing telecommunications service and that it is the telecommunications tower owner responsibility to remove such facilities and restore the site to its original condition or a condition approved by the Village of Lannon. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications facility down to ten feet below the surface. This depth of removal requirement may be modified by the Village of Lannon after public hearing and review. After a telecommunications facility is no longer in operations, the tower owner shall have 90 days to effect removal and restoration unless weather prohibits such efforts.

2.

Security for removal. The telecommunications tower owner shall provide to Village of Lannon, prior to the issuance of the conditional use permit or the issuance of a zoning permit, a performance bond in the amount of $20,000.00 or a bond equal to a written estimate from a qualified tower removal contractor to guarantee that the telecommunications facility will be removed when no longer in operation. Village of Lannon will be named as obligee in the bond and must approve the bonding company.

(h)

Pre-existing telecommunication towers.

1.

Nonconforming and conforming telecommunication towers, and facilities may add to, move or replace the tower and facilities upon review and approval of the Village of Lannon. An existing telecommunication tower may be increased in height a maximum of 50 feet, relocated or reconstructed within 50 feet of its existing location to accommodate co-location subject to meeting all other sections of this chapter except sections 78-58(21)(e) and 78-58(21)(j). Routine maintenance and repair on telecommunications facilities is permitted. See section 78-58(21)(l).

2.

Existing use review.

a.

Existing use review for those towers structurally capable to co-locate. Beginning January 31, 1999, all telecommunications tower owners, applicable to the requirements of this chapter operating in Village of Lannon prior to the adoption of this chapter, shall provide the information required under section 78-58(21)(f) (except proof of bond and proof of insurance), of this ordinance and pay an annual fee of $200.00 per tower site. Failure to provide this information shall result in a civil forfeiture of $297.00 per day until the information is received by the Village of Lannon.

b.

Existing use review for those towers structurally incapable for co-location. Beginning January 31, 1999, all telecommunications tower owners, applicable to the requirements of this chapter, operating in Village of Lannon prior to the adoption of this chapter, shall provide the information required under section 78-58(21)(f) of this chapter (except proof of bond and proof of insurance), and submit documents that the tower is structurally incapable of co-location, and pay a one time fee of $200.00 per tower site. Failure to provide this information shall result in a civil forfeiture of $297.00 per day until the information is received by the Village of Lannon.

(i)

Compliance.

1.

Revocation. Grounds for revocation of the conditional use permit, pursuant to section 78-57 of this chapter, shall be limited to one of the following findings as determined by the Village of Lannon:

a.

The owner of such site, service provider and/or tower owner fails to comply with the requirements of this chapter as it existed at the time of the issuance of the conditional use permit;

b.

The permittee has failed to comply with the conditions of approval imposed; and

c.

The facility has not been properly maintained.

2.

Revocation process.

a.

The owner of such site, service provider and/or tower owner shall be notified by certified mail of noncompliance by the Village of Lannon.

b.

The owner shall comply with such notice within 30 days to the satisfaction of the Village of Lannon.

c.

If compliance is not obtained within 30 days, the Village of Lannon shall notify the Village of Lannon Planning Commission of the noncompliance and request permission to proceed with the revocation process. (This time period may be extended by staff to adjust for seasonal limitations)

d.

The Village of Lannon Planning Commission shall petition the Village of Lannon Board for a public hearing before the Village of Lannon Planning Commission following publication of a Class 2 notice in the legal newspaper of Village of Lannon.

e.

A copy of a hearing notice shall be mailed certified to the owner of record of the tower site at least two weeks prior to the hearing date.

f.

An officer of the Village of Lannon Planning Commission shall appear at the hearing before the Village of Lannon Planning Commission to present the evidence of noncompliance. All other interested parties may also give testimony to the commission.

g.

In compliance with the procedures of a conditional use hearing, a written decision of the Village of Lannon Planning Commission will be made.

3.

Abandonment. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned. Time may be extended upon review and approval of the Village of Lannon Planning Commission and village board, if the tower owner demonstrates a good faith effort to secure new tenants. In such circumstances, the following shall apply:

a.

The owner of such antenna or tower shall remove said antenna and/or tower including all supporting equipment and building(s) within 90 days of receipt of notice from the village notifying the owner of such abandonment. If removal to the satisfaction of the planning commission does not occur within said 90 days, the Village of Lannon Corporation Counsel may order removal utilizing the established bond as provided under section 78-58(21)(g) and salvage said antenna or tower and all supporting equipment and building(s). If there are two or more users of a single tower, then this provision shall not become effective until all operations of the tower cease.

b.

The recipient of a conditional use permit or zoning permit for a telecommunications facility under this chapter shall notify the Village of Lannon when the facility is no longer in operation.

(j)

Structural, design and environmental standards. [Except exempt facilities as defined in section 78-58(21)(c).]

1.

Tower, antenna and facilities requirements. All telecommunication facilities, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented:

a.

All telecommunication facilities shall comply at all times with all Federal Communication Commission (FCC) rules, regulations, and standards. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the Federal Communication Commission (FCC) adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the federal government. All telecommunication tower and antenna shall meet or exceed the standards and regulations, in place at the time of the issuance of the conditional use permit, of the Federal Aviation Administration (FAA), the Wisconsin State Bureau of Aeronautics, Occupational Safety and Health Association (OSHA), the Federal Communication Commission (FCC) and any other agency of the state and/or federal government with the authority to regulate towers and antennas.

b.

Telecommunication towers shall be constructed out of metal or other nonflammable material, unless specifically permitted by the village to be otherwise.

c.

All ground mounted telecommunication towers shall be self-supporting monopoles or lattice towers except where satisfactory evidence is submitted to the planning commission that a guyed tower is required.

d.

Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

e.

Telecommunication support facilities (i.e., equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only). Telecommunication support facilities shall be no taller than one story 15 feet in height, measured from the original grade at the base of the facility to the top of the structure, and shall be designed to blend with existing architecture in the area or shall be screened from sight by mature landscaping, and shall be located or designed to minimize their visibility.

f.

Telecommunications towers, facilities and antennas shall be designed and constructed in accordance with the State of Wisconsin uniform building code, national electrical code, uniform plumbing code, uniform mechanical code, and uniform fire code, Village of Lannon Subdivision Control Ordinance, Village of Lannon Land Disturbance, Erosion Control and Stormwater Management Ordinance, Village of Lannon Sanitation Ordinance, Electronic Industries association (EIA), American National Steel Institute Standards (ANSI), American National Standards Institute (ANSI), and Electronic Industry Assoc./Telecommunication industry association (EITT/TIA) 222-E. 3., in effect at the time of manufacture.

g.

The maximum height of an antenna platform located on a roof top shall be 20 feet above the roof.

h.

Telecommunication facilities shall not interfere with or obstruct existing or proposed public safety, fire protection or supervisory controlled automated data acquisition (SCADA) operation telecommunication facilities. Any actual interference and/or obstruction shall be corrected by the applicant at no cost to the county.

2.

Height. The height of a telecommunication tower shall be measured from the original grade at the base of said tower to the highest part of the tower itself In the case of building mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crankup" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

3.

Lighting. Telecommunications towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other applicable regulatory authority or allowed by the village plan commission.

4.

Site development, roads and parking.

a.

A leased parcel intended for the location of new telecommunication tower(s) and equipment building(s) shall maintain a minimum parcel size of 2,500 square feet. The Village of Lannon Planning Commission may modify the leased parcel size requirement after public hearing and review.

b.

A parcel owned by the telecommunication carrier and/or provider and intended for the location of new telecommunication tower(s) and equipment building(s) shall meet the minimum size requirement of the zoning district.

c.

All sites must be served by a minimum 30-foot-wide easement with a turn around. The Village of Lannon Planning Commission may modify the easement and turn around requirement after public hearing and review. All sites shall use existing access points and roads whenever possible. The access point to the site shall be approved by the Village of Lannon Highway Department, State of Wisconsin Department of Transportation, or the applicable township depending on road jurisdiction.

5.

Vegetation protection and facility screening.

a.

Except exempt facilities as defined in section 78-58(21)(c), all telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this section, "mature landscaping" shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening immediately upon installation.

b.

Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping during the current growing season.

c.

Facility structures and equipment, including supporting structures, shall be located, designed and screened to blend with the existing natural or built surroundings, so as to reduce visual impacts.

6.

Fire prevention. All telecommunication facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.

7.

Noise and traffic. All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end all the following measures shall be implemented for all telecommunication facilities, except exempt facilities as defined in section 78-58(21)(c):

a.

Noise producing construction activities shall only take place on weekdays (Monday through Saturday, non-holiday) between the hours of 6:00 a.m. and 6:00 p.m., except in times of emergency repair; and

b.

Backup generators shall only be operated during power outages and for testing and maintenance purposes.

(k)

Separation and setback requirements. (except exempt facilities as defined in section 78-58(21)(c).

1.

Minimum separation between telecommunication towers (by tower type).

a.

Two towers may be permitted to be located within 100 feet of each other subject to conditional use review and approval of the Village of Lannon Planning Commission and subject to meeting the setback requirements.

b.

Three towers may be permitted subject to conditional use review and approval of the Village of Lannon Planning Commission when needed to satisfy the requirements of AM broadcast operations.

c.

Camouflaged towers are exempt from separation between towers requirement listed above.

2.

Setbacks. All setbacks shall be measured from the base of the tower or structure.

a.

Setbacks from all habitable residential buildings, except buildings located on the subject parcel. All new towers shall be setback a distance equal to 125 percent of the height of the tower.

b.

Setbacks from all historic sites and districts. All new towers shall be setback a distance equal to 125 percent of the height of the tower from historic sites and districts.

c.

Setbacks from the road rights-of-way of all streets. All new towers shall be setback from all streets a minimum as defined in the Village of Lannon Zoning Ordinances.

d.

Setbacks from property lines. All new towers shall be setback a minimum of 50 feet from all property lines. (This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line.) This setback requirement may be modified by the Village of Lannon Planning Commission after public hearing and review.

e.

Setback from the ordinary high water mark (OHWM). All new towers shall be setback a minimum of 75 feet from the ordinary high water mark (OHWM) of a navigable stream and a minimum 125 percent of the tower height from the ordinary high water mark (OHWM) of a navigable lake.

f.

Guy wire anchor setback. All guy wire anchors shall be at least 25 feet from all property lines. This setback requirement may be modified by the Village of Lannon Planning Commission after public hearing and review.

(l)

Zoning permits. A Village of Lannon Zoning Permit is required from the village, following the procedures of the Village of Lannon Zoning Ordinance, for the location of all telecommunication facilities, except exempt facilities as defined in section 78-58(21)(c). The applicant shall submit information required under sections 78-57 and 78.58, Conditional use application. Facilities proposed to be co-located on facilities previously approved under this chapter shall be exempt from submitting information required under sections 78-57 and 78-58, but shall be required to submit a zoning permit application for review and approval per the Village of Lannon Zoning Ordinance.

1.

Permitted uses:

a.

Locating/installing an antenna that adds no more than 50 feet to the height of a new or existing alternative support structure or an existing telecommunication tower, including placement of additional buildings or other supporting equipment used in connection with said antenna subject to meeting all other sections of this chapter except sections 78-57 and 78-58 and if located on land zoned A-1 is subject to meeting the requirements of Wis. Stats. § 91.01(10) as amended from time to time.

b.

Existing non-conforming and conforming telecommunication towers, antennas and facilities may be increased one time during the life of the tower a maximum of 50 feet in order to accommodate co-location. A telecommunication tower which is being relocated or reconstructed to accommodate co-location may be relocated within 50 feet of its existing location, with the review and approval of a zoning permit from the planning commission and shall be subject to meeting other sections of this chapter except sections 78-57 and 78-58 and subject to meeting Federal Aviation Administration (FAA)/state bureau of aeronautics requirements. Routine maintenance and repair on telecommunications facilities is permitted.

(m)

Appeal procedures. A person aggrieved by any decision of the Village of Lannon Planning Commission, or its successor, regarding the siting of a telecommunications facility may, within 30 days, after the filing of the decision in the office of the Village of Lannon, commence an action seeking the remedy available by certiorari.

(22)

Truck parking (commercial). Subject to the following, but are not limited to:

(a)

The parking and the storage of commercial type vehicles (dump trucks, school buses, construction vehicles, semi-trailers and tractors) may be allowed as long as the vehicle is owned or leased and operated by the owner or occupant of the premises. No such use shall be allowed on any parcel except as may front directly upon and have access to an arterial or collector street.

(b)

No more than one such vehicle shall be allowed to be parked or stored on the occupant's property and no more than two additional construction vehicles (backhoes, front end loaders, grading equipment, etc.) shall be allowed. Such vehicles shall be fully operative and in active use. Where considered appropriate two trailers may be allowed, but in no case may there be more than one semi-trailer or "cab" unit.

(c)

No such vehicle shall be allowed to be parked or stored closer than 50 feet to any adjacent lot line, and not closer than 100 feet from the base setback line. In the case of refrigerator trucks, the refrigeration unit may not be operated in the open if said truck is parked closer than 500 feet to the nearest neighboring residential property line.

(d)

In determining whether or not the proposed conditional use permit should be issued, a determination of compatibility with adjacent land uses shall be made by the village board and plan commission in issuing this conditional use permit. If it is determined that it would in any way be incompatible and represents an adverse effect or nuisance to adjacent land uses, the conditional use permit shall not be issued.

(e)

The conditional use permit shall be renewed every two years by the village board and plan commission in order to determine conformance with the terms of the permit, and if it is determined that the use is no longer compatible with adjacent land uses as they develop in the vicinity, the conditional use permit may be revoked in accordance with the revocation procedures contained in this chapter.

(23)

Utility substations. Communication towers, antennas, subject to the following, but are not limited to:

(a)

The location, building and site plan and plan of operation shall be submitted to and approved by the plan commission and the village board.

(b)

Such plans shall be approved or disapproved upon consideration of the effects on topography, drainage, water supply, soil conditions, road and traffic, present and future land development and use, and safety conditions.

(c)

All sites must be fenced and such fencing must be approved by the plan commission and village board.

(d)

All buildings on such sites must be designed to compliment the atmosphere of the village and the immediate neighborhood.

(e)

Public utility transmission and distribution lines, poles, and other accessories provided that when a utility proposes a main intermunicipal transmission facility, they shall give notice to the plan commission of such intention and of the date of hearing before the public service commission, and before beginning acquisition of a specific route shall file with the plan commission mapped description of the route of such transmission line.

(24)

Wood processing/firewood operations. Subject to the following, but are not limited to:

(a)

The location, building and site plans and plan of operation shall be submitted to and approved by the plan commission, the village board, the department of environmental resources and the state department of natural resources.

(b)

Such plans shall be approved or disapproved upon consideration of the effects on topography, drainage, water supply, soil conditions, road and traffic.

(c)

A responsible person shall be in attendance during the hours of operation, which hours shall be subject to the approval of the village board. No operations shall take place except during the specified hours of operation, and with the attendant present.

1.

A non-flammable fence, with a gate which can be locked, must be erected to encompass the disposal site during non-operating hours, and the attendant shall retain the key.

2.

Such fence, and additional auxiliary portable fence that will minimize the nuisance of blowing material, shall be approved by the village board.

(d)

Requirements:

1.

The setback and offset requirements for the district shall be maintained for the storage of any materials or any other part of the operation.

2.

No wood processing/firewood operations shall take place closer than 100 feet to any property line, nor shall wood processing/firewood operations take place closer than 200 feet to any existing dwelling or to the site of a dwelling for which a building permit has been issued prior to the application date for the conditional use permit; nor closer than 200 feet to a residential district at the time of the grant permit. No wood processing/firewood operations shall take place closer than 500 feet to a permanent business or industrial structure without the written consent of the owner of that adjacent property.

3.

Restrictions as to types of wood processing/firewood operations, if needed shall be the responsibility of the board. A planting plan shall be included in the plan of operation.

(e)

All existing wood processing/firewood operations shall be registered by the operator within 60 days after the adoption of this chapter with the clerk, submitting pertinent data relative to present operation, including the boundaries of the actual operation and ownership. A permit shall be granted to such existing operation subject to compliance with a plan of operation satisfactory to the approving bodies.

(f)

Fire department review and approval shall be required prior to the operation.

(Ord. of 10-13-03, § 1; Ord. of 5-8-06, § 2; Ord. No. 14-5 , § 1, 3-27-14)