It is the intent of this article to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects.

(Code 2006, § 13-1-160)

(a)

No operation or activity shall transmit any noise exceeding 70 dBA from 7:00 a.m. to 10:00 p.m. and 60 dBA from 10:00 p.m. to 7:00 a.m. beyond the property line.

(b)

The following noises are exempt from the regulations in subsection (a) of this section:

(1)

Noises not directly under the control of the property owner.

(2)

Noises from temporary construction or maintenance activities during daylight hours.

(3)

Noises from emergency, safety or warning devices.

(Code 2006, § 13-1-161)

(a)

No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground-borne or structure-borne vibrational motion necessary to cause the normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

(b)

Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the standard in subsection (a) of this section.

(Code 2006, § 13-1-162)

No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the boundary of an industrial or commercial district.

(Code 2006, § 13-1-163)

No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor perceptible to the normal person at or beyond the property line of the source.

(Code 2006, § 13-1-164)

No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code ch. NR 445.

(Code 2006, § 13-1-165)

No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility perceptible to the normal person at or beyond the property line of the source.

(Code 2006, § 13-1-166)

No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Wis. Admin. Code ch. NR 445.

(Code 2006, § 13-1-167)

(a)

Purpose. The purpose of this section is as follows:

(1)

The purpose of this section is to control through zoning regulations the permitted locations of certain adult oriented entertainment uses that have a direct and detrimental effect on the character of the village's residential neighborhoods and commercial areas.

(2)

It shall not impose a limitation on the content of any communication materials, including sexually oriented materials as protected by the First Amendment.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Adult oriented entertainment business means an adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, or any other business whose business activity is distinguished or characterized by a substantial or significant portion of the business stock in trade consists of matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse as defined herein as one of its business purposes.

Nudity means the showing of the human male or female genitals or pubic area with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state and/or the appearance of bare buttocks, anus, or female breast.

Sexual conduct means acts of masturbation, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks, or, if such person be a female, her breast.

Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(c)

Applicability. The provisions of this section shall apply to all existing and future adult oriented entertainment businesses. However, any such existing business that does not meet the zoning district restrictions or the distance limitations, may continue its existence as a nonconforming use; provided, however, that no such business may be enlarged or increased in size or be discontinued for a period of more than 180 days.

(d)

General requirements. General requirements for adult oriented businesses are as follows:

(1)

Zoning district. Adult use only bookstores, adult theaters, adult massage parlors, adult saunas, adult entertainment centers, adult cabarets, adult health/sport clubs, adult steam room/bathhouse facilities, and other adult oriented entertainment businesses may be operated or maintained only within the ID industrial district; provided that, it is located on a minor or major arterial road and subject to the distance limitations noted in subsection (d)(2) of this section.

(2)

Distance limitations. No adults only bookstore, adult theaters, adult massage parlor, adult cabaret, health/sport club, adult steam room/bathhouse facility, or other adult-oriented entertainment businesses as defined under this section shall:

a.

Be located within 1,320 feet of any residential district as designated within this Zoning Code with an RC, RT, RM, or MH designation;

b.

Be located within 2,640 feet of a public or private school;

c.

Be located within 1,320 feet of another adult oriented entertainment business;

d.

Distance limitations set forth in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the lot upon which the proposed use is to be located, to the nearest point of the zoning district boundary line or the lot from which the proposed use is to be separated.

(3)

Same use restrictions. No adult oriented entertainment business shall be located in the same building or upon the same property as another such use.

(4)

Sign limitations. Notwithstanding any other provision of this Zoning Code, an adult oriented entertainment business shall not be permitted more than one sign advertising its business, which shall be an on-premises or building sign only. All such signs shall meet the following criteria:

a.

Have no merchandise or pictures of the products or entertainment on the premises displayed in window areas or any area where they can be viewed from the sidewalk in front of the building;

b.

No sign shall be placed in any window. A one square foot sign may be placed on the door to state hours of operation and admittance to adults only;

c.

No sign shall contain any flashing lights, moving elements, or mechanically changing messages;

d.

No sign shall contain any depiction of the human form or any part thereof nor shall it contain sexually explicit language such as "nude dancing" or "Girls, Girls, Girls," etc.;

e.

No sexually oriented business may have any off-premise sign;

f.

In order to allow currently operating adult oriented entertainment businesses to recover their financial investment in current signage, any currently operating adult oriented entertainment business shall bring its signage into conformity with the provisions of this subsection within one year from the date of passage of the ordinance from which this section is derived.

(5)

Operating standards. All such adult oriented entertainment businesses shall operate in accordance with the following:

a.

No employee shall solicit business outside the building in which the business is located;

b.

No male or female person, while on the premises, shall expose to public view his genitals, pubic area, anus, or anal cleft. Full nudity is prohibited;

c.

No person on the premises shall engage in sexual conduct, sadomasochistic abuse or in any way fondle their genitals or the genitals of another;

d.

Nudity is prohibited for any employee of an adult oriented entertainment business where such person is in direct, personal contact with another person.

(6)

Building's exterior appearance. The building's exterior shall meet the following criteria:

a.

Colors to be earth or neutral tones with primary accent colors to be within the same color family;

b.

Stripes and geometric patterns are prohibited;

c.

A color scheme which is directly inherent to a unique recognized architectural style but not otherwise compliant with this section may be reviewed and approved by the village board;

d.

The exterior shall be adequately maintained in good condition.

(7)

Public nuisance. Violation of these provisions is declared to be a public nuisance per se. Nothing in this subsection is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any village ordinance or state statute regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. All such public nuisances are subject to the provisions of chapter 28, pertaining to public nuisances and additionally section 44-466, pertaining to enforcement provisions for the violation of this zoning chapter.

(Code 2006, § 13-1-168; Ord. No. 20(Ser. of 1995), 8-16-1995; Ord. No. 10(Ser. of 2002), 7-10-2002; Ord. No. 19(Ser. of 2006), 12-20-2006)