The following public and semipublic uses shall be conditional uses and may be permitted as specified:

(1)

Airports, airstrips, landing fields and helicopter landing areas, providing that these facilities meet the regulations contained in Wis. Stats. ch. 114.

(2)

Governmental and cultural uses, such as administrative offices, fire and public stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums.

(3)

Utilities and communication towers with associated buildings, but not including studios.

(4)

Public passenger transportation terminals such as heliports, bus and rail depots; provided that all principal structures and uses are not less than 100 feet from any residential lot line.

(5)

Public, private and parochial preschool, elementary and secondary schools and churches; provided that the lot area is not less than 1½ acres, and all principal structures and uses are not less than 50 feet from any lot line.

(6)

Colleges; universities; hospitals; sanitaria; religious; charitable; penal and correctional institutions; cemeteries and crematoria; provided that all principal structures and uses are not less than 50 feet from any lot line.

(Code 1986, § 17.31; Ord. No. 6-98-11)

Applications for feedlots and poultry operations which are conditional uses shall be evaluated by the committee for compliance with the following objectives:

(1)

Location. The proposed operation should not conflict with existing land uses or planned future uses of the area. Noise or odor should not be a nuisance to other residences. The site should not be ecologically sensitive.

(2)

Water contamination. The necessary structures or facilities should be provided to prevent waste from entering surface and subsurface waters.

(3)

Waste disposal. The necessary means should be available to adequately dispose of or to recycle a volume of wastes greater than that which is anticipated from the operation.

(Code 1986, § 17.32)

All mobile/manufactured home parks shall be conditional uses and shall conform to the following standards:

(1)

The minimum parcel size for a mobile/manufactured home park shall be ten acres.

(2)

The minimum dimensions of a mobile/manufactured home site shall be 50 feet wide by 120 feet long.

(3)

A minimum setback of 40 feet from all other exterior lot lines.

(4)

The parks shall conform to the requirements of Wis. Admin. Code ch. HSS 177.

(5)

No mobile/manufactured home site shall be rented for a period of less than 30 days.

(6)

Each mobile/manufactured home site shall be set back by a yard not less than ten feet.

(7)

There shall be two off-street auto parking spaces for each mobile/manufactured home.

(8)

All roads shall be surfaced with blacktop, seal coat or concrete.

(9)

No mobile/manufactured home sales office or other business or commercial use shall be located on the mobile/manufactured home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage and one office are permitted.

(10)

Each mobile/manufactured home shall be placed upon a washed rock or hard-surfaced pad or foundation with six tiedown anchors.

(11)

All mobile/manufactured homes shall have tiedowns with provisions for distributing the load of these tiedowns and provisions for the attachment to ground anchors so as to resist wind overturning and sliding. Each tiedown shall be designed to resist an allowable working load equal to or exceeding 3,150 pounds and shall be capable of withstanding a 50 percent overload without failure. Unless the tiedown system is designed by a registered professional engineer or architect, tiedowns shall be placed not more than 24 feet on centers beginning from the front wall (first stud and/or first cross member). Not more than six feet open end spacing shall be permitted at the rear wall of the mobile/manufactured home.

(12)

At least one acre plus one additional acre for each 50 sites, or fraction thereof, exceeding the first 50 shall be designated as the recreation area, with play equipment furnished and maintained by the park owner.

(Code 1986, § 17.33; Ord. No. 6-98-11)

All campgrounds are conditional uses and shall conform to the following standards:

(1)

The minimum size of any campground shall be ten acres in gross area.

(2)

Before beginning operation of any camp, 50 percent of the sites and 100 percent of the facilities shall be completed.

(3)

In addition to the setback from the right-of-way of any state, county or town road, all campgrounds shall have a boundary zone of 40 feet between any campsite and any side or rear lot line.

(4)

Designated spots on each site will be marked or constructed for outside cooking or the building of campfires, and no fires will be allowed outside of these designated areas.

(5)

The committee may require the perimeter of the camping area or perimeter of the. parcel to be fenced.

(6)

Campgrounds must conform to all applicable state laws and Wisconsin Administration Code Chapter. A TCP 79.

(Code 1986, § 17.34; Res. No. 07-20-04, 7-22-2020)

A solid waste disposal operation is the site, facility, operating practices and maintenance thereof for the utilization, processing, storage or final disposal of solid waste, including, but not limited to, land disposal, incineration, reduction, shredding, compression, junking or salvage of any materials or the sale of any such materials. Outdoor storage of three or more currently unlicensed automobiles on the same premises shall be prima facie evidence of operation of a salvage yard.

(1)

A conditional use permit application shall be made in writing to the planning and zoning administrator and shall include:

a.

The location and a description of the premises.

b.

The nature of the operation to be conducted.

c.

The type of solid waste material to be disposed of and the detailed method of disposal of the material.

d.

Construction details of any building to be used in connection with the operation.

e.

A description of all land uses within 1,000 feet of the premises.

f.

The name and address of the owner and of all persons who will directly participate in the management of the site.

g.

Any additional information deemed necessary by the planning and zoning administrator for full evaluation of the proposed operation.

(2)

All solid waste disposal operations shall, in all respects, comply with the solid waste disposal standards of the county solid waste management committee.

(3)

The screening requirements of section 47-768 shall apply.

(Code 1986, § 17.35)

Backyard chickens is a place where chickens are kept for the use and enjoyment of those living on the premises, but not for commercial purposes. The sale of a chicken as part of a 4-H or similar educational project shall not be considered a commercial purpose.

(1)

No more than six chickens may be kept.

(2)

The keeping of roosters is prohibited.

(3)

The slaughter of chickens on the premises is prohibited except for personal use.

(4)

Enclosure requirements. Chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times.

(5)

Setback requirements. The enclosure housing chickens shall be located at least 25 feet from any residential structure on an adjacent lot and shall conform to the yard setbacks of the zoning district in which it is located when applicable.

(6)

Registration required. The owner, operator, or tenant shall register the premise where chickens are kept with the Wisconsin Department of Agriculture, Trade and Consumer Protection as required by state law and maintain such registration for so long as may be required.

(7)

Backyard chickens are allowed in the following districts: GA, EA, AO, C, GF, EF, R-2 and R-3.

(Res. No. 03-22-02, 3-23-2022)

A private solar collector shall conform to the following standards:

(1)

Installation of a roof mounted solar collector does not require a permit if the collector panels do not extend beyond the edge of the roof and the structure to which it is mounted was issued a zoning permit or is a legal non-conforming structure.

(2)

Installation of standalone solar collector shall require a zoning permit and be setback at least ten feet from all property lines.

(Res. No. 03-22-02, 3-23-2022)

This division shall apply to all mobile service facilities, mobile service support structures, radio broadcast service facilities and radio broadcast service facilities structures, within the jurisdiction of this chapter except as described under Wis. Stats. § 66.0404(5).

(Res. No. 09-14-05, 9-24-2014)

Permits granted under this article run with the land and are transferable. All article and permit requirements shall apply to subsequent owners. The department shall be notified of any change in ownership including, but not limited to, facility leases, mortgages, liens or other instruments which may affect title to the property.

(Res. No. 09-14-05, 9-24-2014)

(a)

Only one mobile service support structure or radio broadcast service facility structure is allowed on a parcel of land. Positioning of multiple providers upon a mobile service support structure or radio broadcast service facility structure is the preferred method of siting multiple antennas.

(b)

No permits shall be granted unless the applicant complies with all provisions of this chapter, including all design and performance standards.

(Res. No. 09-14-05, 9-24-2014)

(a)

Mobile service support structures and radio broadcast service facilities structures may be allowed in the following zoning districts:

(1)

GF general forestry.

(2)

GA general agriculture.

(3)

B business.

(4)

IB interstate business.

(5)

I industrial.

(b)

Mobile service support structures and radio broadcast service facilities shall not be allowed in the following areas due to potential harm to the environment:

(1)

Wetlands.

(2)

Shorelands.

(3)

Floodplains.

(4)

W wilderness district.

(c)

Mobile service support structures and radio broadcast service facilities shall not be allowed in the following areas due to potential conflict with other uses of the land:

(1)

Historic sites and districts listed on the National Register of Historic Places.

(2)

Habitat areas of threatened or endangered species.

(3)

Zoning districts:

a.

R-1 urban residential.

b.

R-2 suburban residential.

c.

R-3 rural residential.

(Res. No. 09-14-05, 9-24-2014)

A conditional use permit is required for all new mobile service support structures and radio broadcast service facilities structures and class 1 collocations. A zoning permit is required for class 2 collocations.

(1)

New mobile service support structures and radio broadcast service facilities and class 1 collocations shall be permitted through the conditional use permit process under section 47-584.

(2)

Class 2 collocations shall be permitted through the zoning department.

(3)

The application shall include the following:

a.

The name and business address of and the contact individual for, the applicant.

b.

An original signature of the applicant, landowner, lessees and holders of easements.

c.

The location of the proposed or affected support structure.

d.

The location of the proposed mobile service facility or radio broadcast service facility.

e.

In the case of a leased site, a lease agreement or binding lease memorandum which shows on its face that it does not preclude the facility owner from entering into leases on the tower with other providers and the legal description and amount of property leased.

f.

If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

g.

If the application is to construct a new mobile service support structure or radio broadcast service facility structure, a construction plan which describes the proposed mobile service support structure or radio broadcast service facility structure, and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure or radio broadcast service facility.

h.

If an application is to construct a new mobile service support structure or radio broadcast service facility structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the new mobile service support structure or radio broadcast service facility structure, attesting that collocation within the applicant's search ring would not result in the same mobile service or radio broadcasting service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider or radio broadcast service provider.

(4)

If an applicant submits an application for a permit which contains all of the information required under paragraph (3), the application shall be considered complete. If the application is not complete and is for a new mobile service support structure, radio broadcast service facility structure or class I collocation, the applicant shall be notified in writing, within ten days of receiving the application, that the application is not complete. If the application is not complete and is for a class 2 collocation, the applicant shall be notified in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(5)

Within 90 days of a receipt of a complete application for a new mobile service support structure, radio broadcast service facility structure or class 1 collocation and within 45 days of a receipt of a complete application for a class 2 collocation the sanitation, planning and zoning administrator or committee shall complete all of the following or the applicant may consider the application approved, except that the applicant and the sanitation, planning and zoning administrator or committee may agree in writing to an extension of the 90 or 45 day period as applicable:

a.

Review the application to determine whether it complies with the provisions of this chapter and all other applicable zoning ordinances.

b.

Make a final decision whether to approve or disapprove the application.

c.

Notify the applicant, in writing, of the final decision.

d.

If the application is approved, issue the applicant the relevant permit.

e.

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(6)

The application for a new mobile service support structure may be disapproved if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under paragraph (3)h.

(7)

The application for a radio broadcast service facility structure may only be disapproved if there is a public health or safety concern.

(8)

The planning and zoning administrator, with the approval of the sanitation/planning and zoning committee, may retain on behalf of the county a third-party consultant to review technical materials submitted by the applicant. The applicant is responsible for paying all fees and expenses charged by a third-party consultant retained by the county, except that the county is responsible for the third-party consultant's travel expenses. An applicant's failure to pay a third-party consultant's fees and expenses, other than travel expenses, is grounds to deny an application or revoke a permit.

(Res. No. 09-14-05, 9-24-2014)

(a)

The height of mobile service support structures shall be limited to no more than 200 feet above original grade, unless the applicant can demonstrate to the satisfaction of the zoning committee that a greater height is necessary to provide coverage and that no feasible alternative exists to provide coverage, such as collocating on existing or alternative support structures or constructing a new mobile service support structure in a different location.

(b)

New mobile service support structures shall be designed structurally and electrically to accommodate the applicant's antennas and comparable antennas for at least three additional users (minimum of four total users required for each mobile service support structure). Mobile service support structures must also be designed to allow for future rearrangement of antennas on the mobile service structure and to accept antennas mounted at different heights. The requirement for construction to allow a minimum of three additional users may be waived by the zoning committee if evidence is provided that a special circumstance exists that would prevent the proposed mobile service support structure from feasibly supporting additional users and antennas.

(Res. No. 09-14-05, 9-24-2014; Res. No. 11-15-02, 4-19-2016)

(a)

Security for removal. The applicant or owner of the mobile service support structure or radio broadcast service facility structure shall provide a bond, irrevocable letter of credit or other suitable financial guarantee to ensure the removal of the structure and restoration of the site to its preconstruction state when use of the structure has been discontinued as defined by section 47-640. The amount of financial guarantee shall be no less than $20,000.00. The county shall be a certificate holder in the financial guarantee.

(b)

Security. All mobile service support structures and radio broadcast service facility structures shall be reasonably protected against unauthorized access. The bottom of all mobile service support structures and radio broadcast service facility structures from the ground level to 12 feet above ground shall be designed to preclude unauthorized climbing and shall be enclosed with a minimum of a six-foot-high chain-link fence with a locked gate. Guy anchors of guyed support structures shall be similarly protected.

(c)

Signs. Signs shall be mounted on the fenced enclosure on or adjacent to the gate prohibiting entry without authorization, warning of the danger from electrical equipment and unauthorized climbing of the mobile service support structure or radio broadcast service facility structure, and identifying the owner of the support structure and telephone number for contact in case of emergency. The sign shall be no larger than six square feet. No commercial advertising signs may be located on a mobile service facility or radio broadcast service facility site.

(d)

Screening and landscaping. All mobile service support structures and radio broadcast service facility structures, shall be designed to blend into the surrounding environment and to hide views of the support structure from adjoining properties and public roads to the greatest extent feasible. Existing mature vegetation and natural landforms shall be preserved to the greatest extent possible.

(e)

Lighting. No lighting of the principal mobile service support structure or radio broadcast service facility structure shall be allowed unless required by the Federal Aviation Administration (FAA) or Federal Communications Commission (FCC). If required, lighting shall be installed only when no other options are available.

(1)

Red lights shall be preferred to white lights on the primary mobile service support structure or radio broadcast service facility structure.

(2)

High visibility paint shall be preferred to daytime lighting of any kind on the primary mobile service support structure or radio broadcast service facility structure.

(3)

Lighting of accessory structures and the facility site shall be of low intensity, directed inward and downward and is limited to within the facility site boundary.

(f)

Access. Access shall be provided by all-weather gravel or paved driveway.

(g)

Setbacks. The following minimum setback distances shall apply:

(1)

No mobile service support structure or radio broadcast service facility structure shall be located less than one times the approved height of the support structure from any residence.

(2)

No mobile service support structure or radio broadcast service facility structure shall be located less than one times the approved height of the support structure from any property boundary.

(3)

Setbacks required for mobile service support structures and radio broadcast service facility structures shall be measured from the center of the support structure.

(4)

Any mobile service support structure or radio broadcast service facility structure proposed to be located within five miles of a private airstrip shall be evaluated for interference based on the average glide slope and approach direction of the that airstrip. If the proposed mobile service support structure or radio broadcast service facility structure is shown to interfere to the detriment of the airstrip, then the support structure shall not be allowed.

(5)

If an applicant provides an engineering certification showing that a mobile service support structure, radio broadcast service facility structure, or an existing support structure, is designed to collapse within an area less than one times the height of the tower the setback may be reduced to the perimeter of the fall zone. The setback shall not be reduced if the county provides the applicant with substantial evidence that the engineering certification is flawed.

(h)

Lot size. When a new lot is created for the purpose of locating a mobile service support structure or radio broadcast service facility structure, the minimum lot size for that zoning district shall apply.

(Res. No. 09-14-05, 9-24-2014)

All permitted mobile service support structures or radio broadcast service facility structures shall be completely constructed and in operation within six months of the date of approval. An extension of time, not to exceed six months, may be granted by the planning and zoning administrator due to inclement weather or other extenuating circumstances. There is no additional fee for an extension.

(Res. No. 09-14-05, 9-24-2014)

Accessory buildings, structures, cabinets and other accessory facilities shall be constructed of nonreflective materials and designed to blend with the existing architecture in the area.

(Res. No. 09-14-05, 9-24-2014)

It is the express policy of the county that mobile service support structures and radio broadcast service facility structures be removed and their sites restored to their preconstruction state once they are no longer in use and not a functional part of providing mobile or radio broadcasting service.

(1)

The mobile service support structure or radio broadcast service facility structure shall be removed when use of the support structure has been discontinued or the support structure has not been used for its permitted purpose for 12 consecutive months. Mere intent to continue use of the mobile service support structure or radio broadcast service facility structure shall not constitute use. The applicant/owner shall demonstrate through facility lease or other similar instruments that the use will be continued without a lapse of more than 12 consecutive months to constitute actual use. If the applicant cannot demonstrate actual use, the mobile service support structure or radio broadcast service facility structure shall be considered abandoned and shall be removed. After a mobile service support structure or radio broadcast service facility structure is no longer in operation, the mobile service or radio broadcast service provider shall have 90 days to effect removal of the mobile service support structure or radio broadcast service facility structure and accessory structures and restoration unless weather prohibits such efforts.

(2)

The applicant/owner a mobile service support structure or radio broadcast service facility structure under this division shall notify the sanitation/planning and zoning department when the support structure is no longer in use by providing a copy of the notice to the FCC of intent to cease operations at which point said 90-day removal period shall begin.

(3)

Removal and restoration of such mobile service support structure or radio broadcast service facility structure is the responsibility of the owner of the mobile service support structure or radio broadcast service facility structure.

(4)

Removal and restoration of the site must occur within 90 days of expiration of the 12-month period specified herein; failure to do so authorizes the county to complete said work, first using funds from the security provided, and the excess cost shall be assessed against the owner as a special assessment.

(5)

The applicant or owner of the mobile service support structure or radio broadcast service facility structure shall provide a bond, letter of credit or other suitable financial guarantee in the amount of $20,000.00 to ensure the removal of the facility including all subsurface structures a minimum of three feet below grade, and restoration of the site to its preconstruction state.

(Res. No. 09-14-05, 9-24-2014)

(a)

Permit fees for mobile service support structures, radio broadcast service facility structures and collocations shall be determined by the committee having jurisdiction over this chapter.

(b)

Fees in an amount as set forth in appendix A to this Code shall be established for the following:

(1)

Permit for placement of all new mobile service support structures or radio broadcast service facility structures.

(2)

Permit for class 1 co-locations.

(3)

Permit for class 2 co-locations.

(Res. No. 09-14-05, 9-24-2014)

(a)

In each quadrant of every public street, intersection and street-railroad intersection, there shall be a visual clearance triangle bounded by the street centerlines and a line connecting points on them 300 feet from a class A highway intersection, 200 feet from a class B highway intersection, 150 feet from a class C highway intersection and 100 feet from a class D highway intersection.

(b)

Within this triangle, no object over 2½ feet in height above the roadbeds shall be allowed if it obstructs the view across the triangle.

(c)

The following objects and activities are permitted within visual clearance triangles: open fences; telephone, telegraph and power transmission poles; lines and portable equipment; the planting and harvesting of field crops; and the growing of shrubbery and trees providing that vision is not obstructed.

(Code 1986, § 17.40)

In all districts, loading areas shall be provided so that all vehicles loading, maneuvering or unloading are completely off the public ways and so that all vehicles need not back onto any public way.

(Code 1986, § 17.41)

In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended, or increased, off-street parking stalls for all vehicles in accordance with the following:

(1)

Adequate access to a public street shall be provided for each parking space and driveways shall be at least ten feet wide for one- and two-family dwellings and a minimum of 24 feet for all other uses.

(2)

The size of each parking space shall be not less than 216 square feet exclusive of the space required for ingress and egress. A single-stall garage, or one stall in a multiple-stall garage, may replace a single required parking space.

(3)

The location shall be on the same lot as the principal use or not over 400 feet from the principal use. No parking stall or driveway, except in residential or community districts, shall be closer than 25 feet from a residential or community district lot line or a street line opposite such a district.

(4)

All off-street parking areas shall be graded and surfaced so as to be dust free and properly drained. Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.

(5)

Curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines.

(6)

The number of parking stalls required are shown in the following table:

(7)

In the case of structures or uses not mentioned, the provision for a use which is similar shall apply.

(8)

Combinations of any of the uses listed in subsection (6) of this section shall provide the total of the number of stalls required for each individual use.

(Code 1986, § 17.42)

All driveways installed, altered, changed, replaced or extended after the effective date of the ordinance from which this chapter is derived shall meet the following requirements:

(1)

The highway maintaining authority shall determine the location of the driveway for the safest highway access and the size and placement of culverts for adequate drainage on the site and along the highway.

(2)

Islands between driveway openings shall be provided with a minimum of ten feet between all driveways and five feet at all lot lines, measured along a line ten feet from and parallel to edge of pavement. Openings for vehicular ingress and egress shall not exceed 35 feet for commercial and industrial establishments and shall not exceed 24 feet nor be less than 16 feet for other uses, measured at right angles to the centerline of the driveway except as increased by permissible radii. No radii between the highway pavement and the driveway shall be greater than 40 feet for commercial and industrial buildings and no greater than 30 feet for other uses.

(Code 1986, § 17.43)

The height requirements stipulated elsewhere in this chapter may be modified as follows:

(1)

Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.

(2)

Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitaria, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided that all required yards are increased not less than one foot for each one foot the structure exceeds the district's maximum height requirement.

(3)

Essential services are exempt from the height requirements of this chapter.

(Code 1986, § 17.45; Ord. No. 11-02-4)

The yard requirements stipulated elsewhere in this chapter may be modified as follows:

(1)

In any R, B or C district, accessory uses and detached accessory structures shall not exceed 15 feet in height, shall not occupy more than 15 percent of the yard area and shall not be closer than ten feet to any lot line.

(2)

Essential services are exempt from the yard and distance requirements of this chapter.

(3)

Landscaping and vegetation are exempt from the yard requirements of this chapter.

(4)

Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.

(Code 1986, § 17.46; Ord. No. 6-98-11)

Any use required by this chapter to be screened in accordance with this section shall be contained within an opaque fence or wall eight feet high, or a visual screen consisting of evergreen or evergreen-type hedges or shrubs, spaced at intervals of not more than six feet, located and maintained in good condition within 15 feet of the property line, or in any way out of view of the public.

(Code 1986, § 17.47)

(a)

Classification. For the purposes of this chapter, the highway classifications are divided into functional classifications as follows:

(b)

Setbacks.

(1)

Except as otherwise provided, all structures shall conform to the following minimum setbacks. The more restrictive distance shall apply.

(2)

Where more restrictive setbacks are established by state law or by administrative rules, such laws or rules shall apply.

(3)

Except in the two agricultural districts, a setback of less than the required setback is permitted where there are at least five existing main buildings which are within the required setback within 500 feet of the proposed building site. In such cases, the setback shall be the average of the nearest main building on each side of the proposed site, or if there is no building on one side, the average of the setback for the main building on one side and the required setback.

(Code 1986, § 17.48)

(a)

Purpose. It is the purpose of this Code to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of citizens of the county, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the county. The provisions of this Code have neither the purpose, nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent, nor effect of this Code to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent, nor effect of this Code to condone or legitimize the distribution of obscene material.

(b)

Findings.

(1)

The board finds that adult-oriented establishments, as defined in this Code, require special zoning in order to protect and preserve the health, safety, and welfare of the county.

(2)

Based on its review of studies conducted in Phoenix, AZ; Garden Grove, CA; Los Angeles, CA; Whittier, CA; Indianapolis, IN; Minneapolis, MN; St. Paul MN; Cleveland, OH; Oklahoma City, OK; Amarillo, TX; Austin, TX; Beaumont, TX; Dallas, TX; Houston, TX; Newport News, VA; Bellevue, WA; New York, NY; Seattle, WA; and St. Croix County, WI; and the Report of the Attorney General's Working Group of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and statistics obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Preventions, and the findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Colman A. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theatre, Inc. 501 U.S. 560 (1991), City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000), East of the River Enterprises II v. City of Hudson, 2000 Wisc. App. Lexis 734 (Ct. App. Aug. 1, 2000); Ben's Bar, Inc. v. Village of Somerset, F.3d, 2003 WL 132541 (7th Cir. 2003), the board finds that there is convincing evidence that the secondary effects of adult-oriented establishments include an increased risk of prostitution, high-risk sexual behavior, crime, and other deleterious effects upon existing businesses and surrounding residential area, and decreased property values.

(3)

The board intends to control the impact of these secondary effects in order to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and areas.

(4)

It is not the intent of the board to suppress any speech activities protected by the First Amendment, but to enact a content-neutral code which addresses the secondary effects of adult-oriented establishments while providing an outlet for First Amendment protected activities.

(5)

In order to minimize and control the secondary effects of adult-oriented establishments upon the county, it is the intent of the board to prevent the concentration of adult-oriented establishments within a certain distance of each other and within certain distance of other specified locations which are incompatible with and would suffer from the secondary effects of adult-oriented establishments.

(6)

Based upon its review of materials linking alcohol consumption and high-risk sexual behavior, and materials linking alcohol consumption and crimes such as sexual assault, the board finds that a geographic separation of adult-oriented establishments from alcohol beverage licensed premises is warranted.

(7)

Based upon its review of the secondary effects of adult-oriented establishments, the board finds that a geographic location in near proximity to a state or federal trunk highway is warranted.

(c)

Location of adult-oriented establishments.

(1)

The First Amendment and other provisions of the United States Constitution, as interpreted by the United States Supreme Court and other courts, require that adult-oriented establishments, as defined by this Code, are entitled to certain protections. Therefore, an adult-oriented establishment shall be a permitted use in the B business zoning district and shall be a prohibited use in any other zoning district. The adult-oriented establishment may locate in the specified district only if an adult-oriented establishment license has been granted by a town or municipality requiring such license within the county which is subject to this Code, and all the requirements of this section and the applicable zoning district regulations are met.

(2)

Adult-oriented establishments shall be located at least 1,000 feet from:

a.

Any residential zoning district line, playground lot line, public park lot line, or public or private recreation area;

b.

Any structure used as a single-family dwelling, duplex, or multiple-family dwelling, church or other place of religious worship, public or private school, camp or campground, daycare or kindergarten, library, museum or other public or semi-public building as defined in this Code;

c.

Any other structure housing an adult-oriented establishment;

d.

Any structure housing an establishment which holds an alcohol beverage license.

(3)

Adult-oriented establishments shall be located within 300 feet of a state or federal trunk highway right-of-way.

(4)

No residential quarters or living facilities shall be allowed on a premises with an adult-oriented establishment.

(5)

Distance requirements are to be measured in a straight line in any direction regardless of intervening structures, from the structure housing the adult-oriented establishment to the residential district boundary lines, to the lot line of any lot used for park, playground, or any structure listed in subsections (c)(2)a—d. above.

(6)

The measurements from a structure shall be taken from the farthest point a structure extends in the direction of the measurement, including overhanging roofs or similar projections.

(7)

For adult-oriented establishments located in conjunction with other buildings such as in a shopping center, and clearly separate from other establishments, measurements shall be taken from the boundaries of the space occupied by the adult-oriented establishment.

(8)

For any adult-oriented establishment located above ground level in a multi-story structure and clearly separate from other establishments within the structure, the distance measurements shall be taken from the ground floor public entrance/exit nearest the adult-oriented establishment (excluding emergency exits).

(9)

Subsequent location of any establishments listed in subsections (c)(2)a—d. above, within 1,000 feet of an existing adult-oriented establishment does not constitute a violation of this Code by the adult-oriented establishment.

(10)

Established adult-oriented establishments operating prior to the adoption of this Code section shall be regulated as a nonconforming use under sections 47-826 through 47-831.

(Res. No. 06-18-13, 6-27-2018)