ARTICLE D: SPECIAL PROVISIONS
Sec. 13-1-40 Manufactured Homes; Mobile Homes; Mobile Home Parks
- Purpose. The Town Board finds that regulating the location and placement of manufactured homes and mobile homes is necessary to ensure that the siting of such units is aesthetically harmonious with the surrounding uses and preserves the general character and integrity of the neighborhood. Sec. 13-1-40 is not intended to address the commercial or industrial use of these units.
- Applicability. Sec. 13-1-40 regulates the location and placement of manufactured homes and mobile homes, and the location, development and expansion of mobile home parks. A manufactured home, as defined by this Ordinance, shall be considered a Single-Family Dwelling, not subject to the provisions of Sec. 13-1-40, if it meets all of the following criteria:
- The structure is located on an individual lot and taxed as an improvement to real property in the same manner as a conventionally-built, single-family dwelling;
- The structure is connected to utilities and permanently installed on a foundation system in compliance with the applicable requirements of the Uniform Building Code;
- The structure is covered with an exterior siding material customarily used on conventionally-built, single-family dwellings that extends to the ground or, in the case of a solid concrete or masonry perimeter foundation, extends to the top of the foundation; and
- The roof is constructed of shingles or other material customarily used for conventionally-built, single-family dwellings.
- Locational Restrictions; Manufactured Homes and Mobile Homes. Manufactured homes and mobile homes are permitted uses only in mobile home parks that are established and operated in compliance with Sec. 13-1-40(d).
- Mobile Home Parks
- Locational Restrictions. Mobile home parks are permitted uses only in the R-1 District upon receipt of a Site Plan Permit and a Conditional Use Permit, in accordance with the procedures set forth in Sec. 13-1-74 and Sec. 13-1-77.
- Development Design Standards. A mobile home park shall be designed and constructed to comply with the following standards:
- Site Preparation. Existing trees, rock formations and other natural site features shall be preserved to the extent practical. Mobile/manufactured home sites shall be fitted to the terrain with minimum site disturbance. The developer shall provide an approved potable water supply and public sewer or a private sewage collection and treatment system that meets all state, county and Town requirements.
- Minimum Lot Size. The minimum lot size for a mobile home park shall be ten (10) acres.
- Minimum Front Yard for Mobile Home Park. See Sec. 13-1-57, Highway Setbacks.
- Minimum Side and Rear Yards for Mobile Home Park. Twenty-five (25) feet.
- Recreation Areas. A minimum of eight (8) percent of the gross area of the mobile home park shall be devoted to recreational areas and facilities.
- Parking. See Sec. 13-1-53, Parking and Loading.
- Landscaping. See Exhibit 1 and Sec. 13-1-52, Landscaping and Buffering.
- Driveway Standards. Each mobile/manufactured home site shall abut a driveway no less than fifty (50) feet in width, of which not less than twenty-two (22) feet shall be paved. The driveway shall access a public street. The paved surface shall meet the standards and specifications used for bituminous road construction by the Town. The driveway shall be lighted at night.
- Site Density and Spacing. The maximum gross density of mobile/manufactured home sites shall be five (5) sites per acre. Each mobile/manufactured home site shall be clearly defined and shall accommodate no more than one mobile/manufactured home and one accessory structure.
- Minimum Site Size. Five thousand (5,000) square feet per mobile/manufactured home site.
- Maximum Site Coverage. Thirty (30) percent of site area for mobile/manufactured home and accessory structure.
- Minimum Yard Requirements. The minimum allowable yards between mobile/manufactured homes, between mobile/manufactured homes and lot lines, or between mobile/manufactured homes and enclosed appurtenances shall be ten (10) feet front yard, twenty (20) feet side yards, and fifteen (15) feet rear yard.
- Skirting. Mobile/manufactured homes shall have around their perimeters a continuous skirting material of wood, metal or masonry extending from the bottom of the home to the finished grade of the home stand, with open space(s) only as necessary to allow for necessary utility lines, hitches or other appurtenances.
- Offices and Management Residences. One permanent residence and attached office is permitted within park boundaries for a resident manager and his/her immediate family members.
Sec. 13-1-41 Personal Wireless Service Facilities
- Purpose. The Town Board finds that regulating matters related to the location and placement of personal wireless service facilities is necessary to protect the public health, safety and welfare while accommodating the communications needs of residents and businesses in a manner consistent with federal law. The purposes of Sec. 13-1-41 are to:
- Facilitate the provision of wireless telecommunication services to the residents and businesses of the Town;
- Minimize adverse visual effects of towers through design and siting standards;
- Avoid potential damage to adjacent properties from tower failure through setback requirements;
- Maximize the use of existing towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the Town;
- Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the Town.
- Definitions Related to Personal Wireless Service Facilities
ABOVE GROUND LEVEL (AGL): A measurement of height from the natural grade of a site to the highest point of the structure.
ALTERNATIVE SUPPORT STRUCTURE: Structures other than towers that may support personal wireless service facilities antennas, including but not limited to buildings, water towers, steeples, silos or utility poles.
ANTENNA: The surface from which wireless radio signals are sent and received by a personal wireless service facility, including directional panel antennas, dishes and omnidirectional whip antennas.
CAMOUFLAGED: A personal wireless service facility that, due to design or appearance, hides, obscures or conceals the presence of the tower and antennas.
CARRIER: A company that provides wireless services. As used in this subsection, carrier shall also include companies that build telecommunications towers and lease tower space to carriers.
CO-LOCATION: The use of a single support structure by more than one carrier.
FALL ZONE: The area on the ground within a prescribed radius from the base of a personal wireless service facility within which there is a potential hazard from falling debris (such as ice) or collapsing material.
MONOPOLE: A type of tower that is self-supporting as a single pole design.
PERSONAL WIRELESS SERVICES: Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as described in the Federal Telecommunications Act of 1996.
PERSONAL WIRELESS SERVICE FACILITY: A facility for the provision of personal wireless services.
SEPARATION: the distance between one carriers antenna array and another carriers array.
TELECOMMUNICATIONS TOWER: Any structure designed and constructed primarily for the purpose of supporting one or more personal wireless service facility antennas, including, but not limited to monopoles, guyed towers and lattice towers.
TOWER, GUYED: A monopole or lattice 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.
TOWER, LATTICE: A type of tower that is self-supporting with multiple legs and cross-bracing of structural steel.
TELECOMMUNICATIONS SUPPORT FACILITY: An enclosed building, cabinet, shed or box within which are housed batteries, electrical or other equipment necessary for the operation of the personal wireless service facility.
- Exemptions. The following uses are not subject to the provisions of Sec. 13-1-41:
- Television antennas, satellite dishes and receive only antennas, provided that the primary use of the property is not a telecommunication facility and that the antenna use is accessory to the primary use of the property.
- Antennas and supporting towers, poles and/or masts owned and/or operated by and for federally licensed amateur radio operations.
- Mobile services providing public information coverage of news events of a temporary or emergency nature.
- Any other devices listed as exempt in Section 704 of the Federal Telecommunications Act of 1996.
- Locational Restrictions. Wireless communication facilities shall comply with the following locational restrictions. The provisions of Sec. 13-1-36, Critical Areas Overlay District apply additional restrictions to those facilities located in identified Critical Areas:
- Personal wireless services antennas locating on alternative support structures are permitted uses in any District upon receipt of a Site Plan Permit if the highest point of the antenna is thirty (30) feet or less above the highest point of the alternative support structure. A Conditional Use Permit shall be required for locating on an alternative support structure if the highest point of the antenna is greater than thirty (30) feet above the highest point of the alternative support structure or the antenna or support facilities significantly alter the appearance or structure of the alternative support structure.
- Personal wireless service facilities co-locating on existing telecommunication towers are permitted uses upon receipt of a Site Plan Permit, provided that the installation of the new facility does not increase the overall height of the existing structure by more than twenty (20) feet. A Conditional Use Permit shall be required for collocating on an existing tower if the collocated antenna array or equipment increases the overall height of the existing tower by more than twenty (20) feet or significantly alters the appearance or structural integrity of the tower approved and permitted under this Section.
- Temporary telecommunication towers one hundred (100) feet AGL or less in height, and supporting facilities (commonly known as cells on wheels), are permitted uses only in the A-1, BD and ID Districts upon receipt of a Site Plan Permit; said Permit shall be for a period not to exceed one year. The applicants site plan shall clearly demonstrate that the proposed temporary tower does not pose a public safety hazard.
- Telecommunications towers and their support facilities are permitted uses only in the A-1, BD and ID Districts upon receipt of a Conditional Use Permit and a Site Plan Permit, provided that no Conditional Use Permit for the placement or construction of a telecommunications tower shall be issued unless the applicant presents to the committee credible evidence establishing to a reasonable degree of certainty the following:
- No existing telecommunication tower is located within the area in which the applicant's equipment must be located;
- No existing telecommunication tower within the area in which the applicant's equipment must be located is of sufficient height to meet applicant's requirements and the deficiency in height cannot be remedied at a reasonable cost;
- No existing telecommunication tower within the area in which the applicant's equipment must be located has sufficient structural strength to support applicant's equipment, and the deficiency in structural strength cannot be remedied at a reasonable cost;
- The applicant's equipment would cause electromagnetic interference with equipment on the existing telecommunications tower(s) within the area in which the applicant's equipment must be located, or the equipment on the existing telecommunications tower(s) would cause interference with the applicant's equipment and the interference, from whatever source, cannot be eliminated at a reasonable cost;
- The fees, costs or contractual provisions required by the owner in order to collocate on an existing telecommunication tower are unreasonable relative to industry norms; or
- The applicant demonstrates that there are other factors that render existing telecommunication towers unsuitable or unavailable and establishes that the public interest is best served by the placement or construction of a new telecommunication tower.
- Security for Removal. The applicant for a Conditional Use Permit for a telecommunication tower shall, prior to issuance of such permit, provide to the Town of Empire a performance bond in the amount of twenty thousand ($20,000) dollars, or an amount equal to a written estimate of the cost of removal prepared by a qualified contractor, or other comparable security to guarantee that the telecommunications tower will be removed when no longer in operation. The Town will be named as obligee in the bond and must approve the bonding company.
- Minimum Separation. No telecommunication tower shall be located within one thousand, five hundred (1,500) feet of an existing telecommunication tower; said distance to be measured by a straight line from the base of the nearest existing tower to the base of the proposed tower site.
- Development Design Standards. Wireless communication facilities shall comply with the following standards:
- Provision of Space on Telecommunications Towers for Co-Location. All telecommunications towers shall be constructed to physically accommodate and structurally support at least two (2) additional carriers for co-location of other telecommunications facilities. Co-location space need not be available on the tower as initially placed or constructed, provided that the tower will support the later addition of the required number of co-located facilities. The tower owner/operator shall make the co-location spaces available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions that are standard in the industry and at prevailing market rates that allow the tower owner/operator to recoup the cost of providing the co-location sites and a fair return on investment.
- Minimum Parcel Size. If a telecommunication tower and support facilities are the principal use on a separate parcel, the parcel shall meet the minimum lot size requirements of the zoning district in which the land is located. If a tower and support facilities are located on a leased parcel of land that already has a principal use, the facilities shall be considered an accessory use and a smaller area of land may be leased provided that all requirements of this ordinance are met.
- Minimum Setbacks for Telecommunications Towers. The following setback provisions shall be measured from the base of the tower or telecommunications support facilities, unless otherwise stated. If more than one setback standard applies in a particular situation (i.e. lot line and habitable buildings) the greater setback distance prevails.
- Highway Setbacks. See Sec. 13-1-57, Highway Setbacks.
- Lot Line Setbacks. Fifty (50) feet for towers; twenty-five (25) feet for guy wire anchors in the case of guyed towers.
- Setbacks From Habitable Commercial and Residential Buildings. One hundred twenty-five (125) percent of the height of the tower AGL.
- Security and Landscaping. Towers and guy wires shall be surrounded with security fencing or equipped with anti-climbing devices, if appropriate. If located in a highly visible area, the tower and any support facilities shall be landscaped at the L3 level or greater. (See Sec. 13-1-52, Landscaping and Buffering).
- Camouflaging. Camouflaged towers and support facilities are encouraged and may be required in Critical Areas, residential areas, or other sensitive areas as determined by the appropriate decision-making body.
- Color. A telecommunications tower shall be painted a non-contrasting color in relation to its environment unless otherwise required by the Federal Communications Commission or Federal Aviation Administration. Towers using unpainted galvanized metal are permitted.
- Lighting. Telecommunications towers shall not be artificially lighted unless required by the Federal Aviation Administration or other applicable regulatory body.
- Signage. The use of any portion of a telecommunications tower or support facilities for any signs other than warning or equipment information signs is prohibited.
- Access. All telecommunications tower sites must be served by an ingress/egress road with a minimum thirty (30) foot right-of-way and turnaround. Existing access points shall be utilized wherever possible. The access point shall be approved by the applicable governmental body with jurisdiction.
- Technical Review. In the event the decision-making body determines that it is necessary to consult with an independent technical expert regarding an applicants assertion of the existence of factors listed in Sec. 13-1-41(4)(d) above, all reasonable costs and expenses associated with such consultation shall be borne by the applicant. Failure to pay such costs and expenses or provide information requested by the decision-making body shall be grounds for denial or revocation of a Conditional Use Permit. The applicant may provide to the decision-making body the names of consultants that the applicant believes are qualified to assist in resolving the issues before the decision-making body.
- Abandonment. Permits issued hereunder shall identify the primary type or types of transmission equipment that is to be placed on the subject telecommunication tower. Any telecommunication tower on which the transmission equipment so identified is no longer placed or used for a continuous period of twelve (12) months shall be removed by the holder of the Conditional Use Permit issued under this Section. If the tower is not removed within sixty (60) days of such notification, the Town may remove the tower at the expense of the holder of the Conditional Use Permit.
Sec. 13-1-42 Quarrying, Sand and Gravel Pits, Nonmetallic Mining
- Purpose. The Town finds that regulation of nonmetallic mining operations is necessary to ensure the continued extraction of rock, stone, gravel, sand and minerals without disrupting or endangering adjacent land uses, while safeguarding public health and safety.
- Applicability/Exemptions. Sec. 13-1-42 is applicable to all nonmetallic mining sites located wholly or partially within the Town. Sec. 13-1-42 does not apply to the following activities:
- Excavations or grading by a person solely for domestic use at his residence.
- Excavation or grading conducted for roadway construction purposes within the right-of-way or for roadway safety in or adjacent to the vision clearance triangle.
- Grading conducted for farming, preparing a construction site or restoring land following a flood or natural disaster.
- Excavations for building construction purposes.
- Locational Restrictions. Nonmetallic mining operations shall comply with all of the following locational restrictions:
- Nonmetallic mining operations are permitted uses only in the ID District upon receipt of a Site Plan Permit and a Conditional Use Permit, in accordance with the procedures set forth in Sec. 13-1-74 and Sec. 13-1-77.
- An applicant for a Conditional Use Permit to conduct a nonmetallic mining operation shall submit evidence of receipt of a valid Fond du Lac County Reclamation Permit for the proposed operation in addition to the submission requirements set forth in Sec. 13-1-77. If a reclamation permit has not been issued, the Board of Appeals may issue a Conditional Use Permit conditioned upon the receipt of a reclamation permit prior to commencement of mining operations. In the event that the Town has enacted a Nonmetallic mining reclamation ordinance at least as restrictive as any such county ordinance, the applicant must comply with the Towns ordinance prior to the issuance of a Conditional Use Permit.
- Nonmetallic mining operations shall be prohibited in or within one hundred (100) feet of any existing dwelling or other structure except for structures owned or leased by the mining operator.
- Development Design Standards. Nonmetallic mining operations shall comply with the following standards:
- Minimum Lot Size. The minimum lot size for a nonmetallic mining operation involving concrete batching, asphalt mixing, clay bulking or rock crushing shall be twenty (20) acres. Other nonmetallic mining operations shall comply to minimum lot size standards of the ID District.
- Minimum Front, Side and Rear Setbacks. All structures, and tops and toes of cut and fill slopes shall be set back from property boundaries and road rights-of-way no less than one hundred (100) feet for safety of adjacent properties and to prevent damage resulting from water runoff or erosion of slopes.
- Parking. Manufacturing, General (See Sec. 13-1-53, Parking and Loading).
- Landscaping. L5, High Berm or greater. (See Sec. 13-1-52, Landscaping and Buffering).
- Permissible Hours of Operation. 6:00 a.m. to 7:00 p.m, unless otherwise authorized or restricted by the appropriate decision-making body.
- Erosion Control and Drainage. All disturbed areas, including faces of cut and fill slopes, shall be prepared and maintained to control erosion, which may consist of plantings sufficient in amount or type to stabilize the slope. Provisions shall be made to prevent any surface water or seepage from damaging the cut face of any excavations or the sloping face of a hill and to drain any surface waters that may be concentrated as a result of a fill or excavation to a natural watercourse.
Sec. 13-1-43 Adult-Oriented Establishments
- Purpose. The Town Board finds:
- Adult-oriented establishments require special supervision in order to protect and preserve the health, safety, and welfare of the patrons of such establishments as well as the citizens of the Town;
- Adult-oriented establishments may be used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature;
- It has been found in Milwaukee and Kenosha Counties, Wisconsin; Chattanooga, Tennessee; Newport News, Virginia; and Marion County, Indiana, to name a few locales, that the viewing booths in adult-oriented establishments have been and are being used by patrons for engaging in sexual acts, particularly between males, including but not limited to, intercourse, sodomy, oral copulation and masturbation, resulting in unsafe and unsanitary conditions in said booths;
- Acquired Immune Deficiency Syndrome (AIDS) is a sexually-transmitted disease that destroys the body's immune system, and has no known cure;
- Statistics from the State of Wisconsin have indicated an increase in the number of AIDS cases in the state;
- The concern over sexually-transmitted diseases is a legitimate health concern of the Town that demands reasonable regulation of adult-oriented establishments in order to protect the health and well-being of the Town;
- Licensing is a legitimate means of accountability to ensure that operators of adult-oriented establishments comply with reasonable regulations and to insure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation;
- Adult-oriented establishments, because of their very nature, have a deleterious effect on both the existing establishments around them and the surrounding residential areas adjacent to them;
- Adult-oriented establishments, due to their very nature, have serious objectionable operational characteristics, particularly when they are located in proximity to each other, thereby contributing to blight and downgrading the quality of life in the adjacent area;
- The Town Board wants to prevent these adverse effects and thereby protect the health, safety, and welfare of Town residents; protect residents from increased crime; preserve the quality of life; preserve the property values and character of the surrounding neighborhoods; and deter the spread of blight;
- 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 that addresses the secondary effects of adult-oriented establishments as well as the health problems associated with such establishments; and
- It is not the intent of the Town Board to condone or legitimize the distribution of obscene materials, and the Town Board recognizes that state and federal laws prohibit the distribution of obscene materials and expects and encourages state enforcement officials to enforce state and federal obscenity statutes against any such illegal activities in the Town of Empire.
- Definitions Related to Adult-Oriented Establishments
ADULT BOOKSTORE: An establishment that has a facility or facilities, including but not limited to, booths, cubicles, rooms or stalls for the presentation of "adult entertainment," including adult-oriented films, movies, or live performances for observation by patrons therein; or an establishment having a substantial or significant portion of its stock-in-trade for sale, rent, trade, lease, inspection, or viewing of books, films, video cassettes, magazines, or other periodicals, which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified anatomical areas or specified sexual activities as defined below.
ADULT ENTERTAINMENT: Any exhibition of any motion picture, live performance, display, or dance of any type, which has as its dominant theme or is distinguished or characterized by an emphasis on any actual or simulated specified sexual activities or specified anatomical areas as defined below.
ADULT MOTION PICTURE THEATER: An enclosed building 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 of the building.
ADULT-ORIENTED ESTABLISHMENT: Any premises including, without limitation, "adult bookstores," or "adult motion picture theaters." 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 area of the premises for the purposes of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member, whether or such adult entertainment is held, conducted, operated, or maintained for a profit, direct or indirect. "Adult-Oriented Establishment" further includes, without limitation, any premises physically arranged and used as such whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, or any other term of like import.
BOOTHS/CUBICLES/ROOMS/COMPARTMENTS/STALLS: Enclosures that are specifically offered to the public or members of an adult-oriented establishment for hire or for a fee as part of a business operated on the premises which offers as part of its business the entertainment to be viewed within the enclosure. This shall include, without limitation, such enclosures wherein the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, "booth," "cubicle," "room," "compartment," or "stall" does not mean such enclosures that are private offices used by the owners, managers, or persons employed on the premises for attending to the tasks of their employment, which enclosures are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing entertainment for a fee, are not open to any person other than employees, nor shall this definition apply to hotels, motels, or other similar establishments licensed by the State of Wisconsin pursuant to Wisconsin law.
OPERATORS: Any person, partnership, or corporation operating, conducting, maintaining or owning any adult-oriented establishment.
SPECIFIED ANATOMICAL AREAS: Less than completely and opaquely-covered human genitals, pubic region, buttocks, female breasts below the point immediately above the top of the areola; or, human male genitals in a discernible turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: 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; or (c) fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts.
- License. Except as provided below, from and after the effective date of this ordinance, no adult-oriented establishment shall be operated or maintained in the Town without first obtaining a license to operate issued by the Town Board. A license may be issued only for one adult-oriented establishment located at a fixed and certain location. Any person who desires to operate more than one adult-oriented establishment must have a license for each. No license or interest in a license may be transferred to any person. All adult-oriented establishments existing at the time of the passage of this ordinance must submit an application for a license within ninety (90) days of the passage of this ordinance. A license fee in an amount established by the Town Board shall be submitted with the application for a license. If the application is denied, one-half of the fee shall be returned. A license renewal fee in an amount established by the Town Board shall be submitted with the application for renewal. A license must be renewed every year.
- Application for License. Any person desiring to secure a license shall make application to the Town Clerk. The applicant for a license shall furnish the following information under oath:
- the name and address of the intended operator;
- the name and address of the owner of the premises if different from the operator;
- the name and address of the adult-oriented establishment to be operated by the applicant;
- written proof that the individual is at least eighteen (18) years of age;
- the address of the adult-oriented establishment to be operated by the applicant;
- if the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agents, and the name and address of all shareholders owning more than five (5) percent of the stock in such corporation and all officers and directors of the corporation;
- if the establishment is in operation, the date on which the owner acquired the establishment for which the license is sought. The date on which the establishment began operations as an adult-oriented business at the location for which the license is sought;
- if the establishment is a corporation, a certified copy of the Articles of Incorporation and a certified copy of a certificate of good standing disclosing that the corporation is authorized to transact business in the State of Wisconsin;
- proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of a recorded deed; and
- if the operator is not the fee owner of the tract of land, then the lease, purchase contract, purchase option contract, lease option contract, or other documents evidencing the legally-enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract of land for the establishment.
- Issuance of License. The Town shall approve the issuance of a license to the applicant within forty-five (45) days after receipt of the application unless the Town finds one or more of the following to be true:
- the applicant is under eighteen (18) years of age;
- the applicant or the applicant's spouse is overdue in the payment of Town taxes, fines, or penalties assessed against the applicant or imposed upon the applicant in relation to an adult-oriented establishment;
- the applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application;
- the applicant is residing with a person who has been denied a license by the Town to operate an adult-oriented establishment within the preceding twelve (12) months, or residing with a person whose license to operate an adult-oriented establishment has been revoked within the preceding twelve (12) months;
- the premises to be used have not been approved by the Permit Issuer, Fire Department, or any other local, state, or federal official as being in compliance with applicable laws, regulations and ordinances;
- the fee required by this ordinance has not been paid; or
- any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult-oriented establishment.
- Hearing. The Town Board, before revoking or suspending any license, shall give the operator at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the Town Board or its designated committee.
- Transfer. The transfer of a license or any interest therein, shall automatically and immediately revoke the license.
- Inspection. Any applicant or licensee shall permit representatives of the County Sheriff's Department, County Health Department, Town Fire Department, Permit Issuer, or other Town or state departments or agencies to inspect the premises of an adult-oriented establishment for the purpose of ensuring compliance with this ordinance and all relevant state and federal laws.
- Locational Restrictions. An adult-oriented establishments shall be permitted within the Town of Empire only in the BD and ID Districts upon receipt of a Site Plan Permit and a Conditional Use Permit in accordance with the procedures set forth in Sec. 13-1-74 and Sec. 13-1-77, and only if it meets all of the locational requirements set forth in below. Distances provided hereafter shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed adult entertainment business is or is to be located, to the nearest point of the parcel of property or the zoning district boundary line from which the proposed adult entertainment business is or is to be separated.
- Adult-oriented establishments shall be prohibited in or within one thousand (1,000) feet of the borders of a residential district.
- Adult-oriented establishments shall be prohibited within one thousand (1,000) feet of any church, synagogue, mosque, temple or other place of religious assembly.
- Adult-oriented establishments shall be prohibited within one thousand (1,000) feet of any public or private school offering general education for students between the years kindergarten through twelfth grade.
- Adult-oriented establishments shall be prohibited within one thousand (1,000) feet of any day care home or family day care home.
- Adult-oriented establishments shall be prohibited within one thousand (1,000) feet of any public park or playground. For purposes of this Section, bike paths, trails, waterways and boat launches shall not be deemed to be a public park.
- Adult-oriented establishments shall be prohibited from locating within one thousand (1,000) feet of any other adult entertainment business.
- Adult-oriented establishments shall be prohibited from locating within one thousand (1,000) feet of any existing establishment selling alcoholic beverages for consumption on premises.
- Development Design Standards.
- Exterior. It shall be unlawful for an owner or operator of an adult-oriented establishment:
- to allow the merchandise or activities of the establishment to be visible from a point outside the establishment;
- to allow the exterior portion of the adult-oriented establishment to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by this ordinance;
- to allow exterior portions of the establishment to be painted in a color other than a single color.
- Signage. The operator shall comply with Sec. 13-1-55, Signs. In addition, the display surfaces of the sign shall not contain any flashing lights or photographs, silhouettes, drawings, or pictorial representations of any manner, except for the name of the enterprise.
- Booth/Room/Cubicle. Any adult-oriented establishment having available for customers, patrons, or members, in a booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements:
- Each booth, room, or cubicle shall be totally accessible to and from isles and public areas of the adult-oriented establishment and shall be unobstructed by any door, lock, or other control-type devices;
- Every booth, room, or cubicle shall meet the following construction requirements:
- Each booth, room or cubicle shall be separated from adjacent booths, rooms, or cubicles and any non-public areas by a wall;
- Have at least one side totally open to a public lighted isle so that there is an unobstructed view at all times of anyone occupying the same;
- All walls shall be solid and without any openings, extended from floor to a height of not less than six (6) feet and be light-colored, non-absorbent, smooth textured and easily cleanable;
- The floor must be light-colored, non-absorbent, smooth textured and easily cleanable;
- The lighting level of each booth, room, or cubicle, when not in use shall be a minimum of ten (10) foot candles at all times, as measured from the floor.
- Only one individual shall occupy a booth, room, or cubicle at any time. No occupants shall engage in any type of sexual activity, cause any bodily discharge, or litter while in the booth. No individual shall damage or deface any portion of the booth.
- Responsibilities of the Operator. Every act or omission by an employee constituting a violation of the provisions of this ordinance 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 caused the omission.
- Minors. It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on the premises of an adult-oriented establishment at any time that the establishment is open for business. The operator must ensure that an attendant is stationed at each public entrance at all times during regular business hours. The attendant shall prohibit any person under the age of eighteen (18) from entering the establishment. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless such attendant asked for and was furnished either a valid operator's drivers license or a valid personal identification certificate issued by a State reflecting that the person is eighteen (18) years of age or older.
- Hours of Operation. An adult-oriented establishment may remain open for business no longer than the hours from between 10:00 a.m. to 12 midnight, seven days a week.
- Nonconforming Adult-Oriented Uses. Any business lawfully operating on the effective date of this ordinance that is in violation of the locational or structural configuration requirements of this ordinance shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period of not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. The non-conforming use is required to submit an application for a permit and otherwise comply with the requirements of this ordinance.
Sec. 13-1-44 Home Occupations
- Purpose. The purpose of Sec. 13-1-44 is to provide regulations for limited commercial uses conducted by a homeowner that are compatible with the surrounding properties. Any commercial uses of greater intensity than those contemplated by Sec. 13-1-44 shall require a rezoning or relocation of the commercial use to an appropriately-zoned site.
- Applicability/Restrictions. A home occupation may be carried on as a permitted use within a dwelling or accessory building by a member of the family residing on the premises if it complies with the following standards:
- The home occupation shall be clearly incidental and subordinate to the use of the premises as a residence or customary farming operation;
- An accessory structure shall not be dedicated exclusively to the home occupation;
- Only two persons who do not reside on the premises, but are employed in connection with the home occupation, may be present on the premises at one time;
- No internal or external alterations to the residential structure are necessary in order to carry on the home occupation, including, but not limited to, the creation of a separate or exclusive business entrance;
- No alterations in the exterior character or appearance of the premises are allowed, except that one nonilluminated sign that complies with the provisions of Sec. 13-1-55, Signs shall be allowed;
- No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference in excess of that generally associated with a residential use;
- The home occupation shall not be of the type that will generate automobile traffic in excess of that generally associated with a residence or customary farming operation;
- The number of motor vehicles dedicated exclusively for use in connection with the home occupation shall be limited to one;
- The outdoor display or storage of goods, materials, supplies or equipment visible from other properties or a public right-of-way shall not be allowed;
- If the nature of the home occupation attracts visitors (clients, customers, pupils, etc.) to the premises, such visits shall be on an appointment basis only.
- Off-street parking shall be available for all visitors and any employee.
- Existing Home Occupations. Nonconforming home occupations that were established legally prior to the enactment of this Ordinance may be continued as legal nonconforming home occupations.
Sec. 13-1-45 Campgrounds, Camping Resorts, Recreational Vehicle Parks
- Purpose. The Town Board finds that regulating the location and placement of campgrounds, camping resorts and recreational vehicle parks is necessary to ensure that the siting of such uses is aesthetically harmonious with the surrounding uses, preserves the general character and integrity of the neighborhood, and promotes the safety of Town residents.
- Applicability. Sec. 13-1-45 is designed to regulate lands used for the purpose of temporary occupancy by tourists and campers for camping by the use of recreational vehicles, tents or temporary camping shelters, subject to the provisions set forth below.
- Definitions Related to Campgrounds.
CAMPGROUND: Any publicly or privately owned parcel or tract of land accessible by a motor vehicle and which is designed, maintained, intended or used for the purpose of temporary occupancy by campers using recreational vehicles, tents or other temporary camping shelter and which is open to the public and designated as a camping area and set aside for free or paying camping purposes. The term Campground shall include camping resorts and recreational vehicle parks.
CAMPSITE: Any area within a campground delineated to be occupied by a single recreational vehicle, tent or other temporary camping shelter.
RECREATIONAL VEHICLE: A portable structure designed to be used as a temporary dwelling for travel, recreational or vacation uses. A Recreational Vehicle shall include those structures built directly on the chassis of a motor vehicle, designed to be mounted on the chassis of a motor vehicle or designed as an independent, wheeled vehicle to be towed by a motor vehicle.
TEMPORARY OCCUPANCY: For the purposes of Sec. 13-1-45, Temporary Occupancy means the occupying of a campsite by a recreation vehicle, tent or other temporary camping shelter for a cumulative period not to exceed sixty (60) days in any twelve (12) month period, whether or not such recreation vehicle, tent or temporary camping shelter is inhabited during any of such time period.
- Locational Restrictions. Campgrounds shall comply with all of the following locational restrictions:
- Campgrounds are permitted uses only in the BD District upon receipt of a Site Plan Permit and a Conditional Use Permit, in accordance with the procedures set forth in Sec. 13-1-74 and Sec. 13-1-77.
- Campgrounds shall be prohibited in or within three hundred (300) feet of any zoning district that allows single-family, two-family or multiple-family dwellings as a permitted use.
- Development Design Standards. A campground shall be designed and constructed to comply with the following standards:
- Minimum Lot Size. The minimum lot size for a campground shall be five (5) acres.
- Minimum Front Yard for Campground. See Sec. 13-1-57, Highway Setbacks.
- Minimum Side and Rear Yards for Campground. Forty (40) feet.
- Parking. See Sec. 13-1-53, Parking and Loading.
- Landscaping and Buffering. See Exhibit 1 and Sec. 13-1-52, Landscaping and Buffering.
- Site Density and Spacing. The maximum gross density of campsites shall be fifteen (15) sites per acre. Each campsite shall be clearly delineated.
- Minimum Campsite Dimensions. Twenty-five (25) feet wide by forty (40) feet long per campsite.
- Maximum Campsite Separation. Each campsite shall be separated from other campsites by an area no less than fifteen (15) feet wide
- Compliance with Wisconsin Administrative Code. Campgrounds shall comply with the requirements of Chapter HFS 178, Wisconsin Administrative Code, as may be amended from time to time.
- Camping Outside Designated Campgrounds; Limitations. The use of recreational vehicles or other camping shelters for temporary habitation on any public or private lands within the Town other than designated campgrounds is limited to a cumulative period not to exceed thirty (30) days in any twelve (12) month period.
Sec. 13-1-46 through Sec. 13-1-49 Reserved for Future Use