City of Burlington, WI Article II General Provisions

§ 315-8 Jurisdiction. [1]

The jurisdiction of this chapter shall apply to all structures, lands, water, and air within the corporate limits of the City of Burlington and to the properties within the area encompassed by the exercise of the City's extraterritorial zoning jurisdiction, enacted in Ordinance No. 1677(25), as shown on Exhibit A to that ordinance, on file at City Hall.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 315-9 Compliance required.

[Amended 4-6-1994 by Ord. No. 1467(40)]

A. No structure, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county, and state regulations.

B. Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all required permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt from compliance when § 30.12(4)(a), Wis. Stats., applies.

§ 315-10 Use regulations; home occupations.

A. Only the following uses and their essential services may be allowed in any district:

(1) Principal uses specified for a district.

(2) Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction.

(3) Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Plan Commission in accordance with § 315-130. When a use is classified as a conditional use at the date of adoption of this chapter, it shall be considered a legal use without further action of the Plan Commission or Common Council. Changes to or substitution of conditional uses shall be subject to review and approval by the Plan Commission in accordance with § 315-130.

(4) Uses not specified in this chapter and which are found to be similar in character to principal uses permitted in the district may be permitted by the Plan Commission after the City Plan Commission has made a review.

(5) Uses not specified in this chapter and which are found by the Plan Commission to be similar in character to conditional uses permitted in the district may be permitted by the Plan Commission after review, public hearing, and approval in accordance with § 315-130 of this chapter.

(6) Temporary uses. See Article IV and § 315-131.

[Amended 10-1-1991 by Ord. No. 1351(21); 4-8-1998 by Ord. No. 1578(29)]

B. Performance standards listed in Article IX shall be complied with by all uses in all districts.[1]

[1] Editor's Note: The original paragraph regarding ground-mounted and building-mounted earth station dish antennas which immediately followed this subsection was deleted 3-18-2003 by Ord. No. 1716(30).

C. Home occupations shall comply with the following general conditions:

(1) The total area devoted to such home occupation shall not exceed 20% of the gross area of the dwelling unit involved.

(2) A home occupation shall produce no offensive noise, vibration, dust, odors, smoke, heat pollution, glare or radio, electrical, or television interference or otherwise produce a nuisance.

(3) No materials which decompose by detonation shall be allowed in conjunction with a home occupation.

(4) No home occupation shall be permitted which changes the outside appearance of the dwelling or is visible from the street.

(5) Materials used in or produced by a home occupation may not be stored or displayed outside the dwelling or be displayed so as to be visible from the outside of the premises.

(6) No nonresident employees shall be employed by the home occupation.

(7) Retail sales shall be prohibited except for the retail sale of products or goods produced or fabricated on the premises as a result of the home occupation.

(8) The volume of vehicular or pedestrian traffic or parking shall not result in congestion or be in excess of what is compatible with a residential neighborhood. There shall be no deliveries to or from a home occupation with a vehicle larger than a thirty-foot-long single-unit truck nor more than one delivery per day. Trucks shall not operate out of residence districts as part of a home occupation.

(9) No more than one home occupation shall be permitted within a single dwelling unit.

(10) A home occupation shall be carried on wholly within the principal building. No home occupation nor any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages, attached or detached.

(11) No home occupation shall be permitted that generates sewerage or water use in excess of what is normal for a residential dwelling.

(12) No home occupation shall be permitted which requires plumbing, electrical, or structural changes when such changes are not dictated by the primary residential use of the property.

(13) Home occupation uses shall meet all applicable fire and building code safety requirements.

(14) No home occupation involving visits to the site of the home occupation by customers or the loading and unloading of business-oriented material shall be operated between the hours of 8:00 p.m. and 8:00 a.m.

(15) The following uses are prohibited as home occupations:

(a) Antique shop.

(b) Barbershops and beauty parlors.

(c) Animal hospitals or pet grooming or boarding.

(d) Gift shops.

(e) Mortuaries.

(f) Private clubs.

(g) Small engine repair shops.

(h) Restaurants.

(i) Stables or kennels.

(j) Automobile or other motor vehicle repair or paint shops.

(k) Furniture stripping and/or refinishing.

(l) Photographic studios.

(m) Manufacturing or assembling items for sale from components not made on the same premises.

(n) Any other home occupations not meeting the criteria established by this chapter.

(16) Periodic review by Zoning Administrator. Every home occupation shall be subject to periodic, unannounced inspection by the Zoning Administrator in response to complaints or to ensure compliance with this chapter.

§ 315-11 Site regulations.

A. No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography or low bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The City Plan Commission, in applying the provisions of this subsection, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter the City Plan Commission may affirm, modify, or withdraw its determination of unsuitability.

B. All lots shall abut upon a public street, and each lot shall have a minimum frontage of 40 feet.

C. All principal structures shall be located on a lot, and only one principal structure shall be located, erected or moved onto a lot in the residential districts. The Plan Commission may permit more than one structure per lot in other districts where more than one principal structure is needed for the orderly development of the parcel. When additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements, or parking requirements or may require a minimum separation distance between principal buildings.

D. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

E. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in more restrictive abutting district. The setbacks on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.

F. No river or stream shall be altered or relocated until a floodland zoning change has been applied for and granted in accordance with the requirements of Chapter 119.

[Amended 3-6-2012 by Ord. No. 1943(20)]

G. Review of adult family homes and community living arrangements.[1]

(1) Any property licensed or permitted by the state as an adult family home as defined in § 50.01, Wis. Stats., or a community living arrangement as defined in § 46.03(22), Wis. Stats., whether or not a conditional use permit is required therefor, shall be subject to review by the Common Council not less than 11 months nor more than 13 months after first licensure and every year thereafter.

(2) The purpose of such review, which shall be in the form of a hearing before the Common Council, shall be to make a determination as to the effect of the adult family home or community living arrangement on the health, safety or welfare of the residents of the City pursuant to the provisions of § 62.23(7)(i), Wis. Stats.

(3) If the Common Council determines that the adult family home or community living arrangement poses a threat to the health, safety or welfare of the residents of the City, it may order the adult family home or community living arrangement to cease operation unless special zoning permission is obtained. The decision of the Council is subject to judicial review. The adult family home or community living arrangement must cease operation within 90 days after the date of the order, the date of the final judicial review of the order, or the date of the denial of special zoning permission, whichever is later.

(4) The City's failure to perform any such annual review shall not serve to bar such a review in any subsequent year.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 315-12 Reduction or joint use.

No lot, yard, parking area, building area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.

§ 315-12.1 Special site regulations for shoreland areas.

[Added 5-6-2003 by Ord. No. 1721(1)]

In all of those shoreland areas of the City of Burlington annexed or attached to the City of Burlington after May 7, 1982, the following minimum lot sizes, building setbacks, cutting of trees and shrubbery, filling, grading, lagooning, dredging, ditching, and excavating regulations shall apply:

A. Minimum lot sizes. Minimum lot sizes in the shoreland area shall be established to afford protection against danger to health, safety and welfare and protection against pollution of the adjacent body of water.

(1) Lots served by public sanitary sewer shall have a minimum lot width of 65 feet and a minimum area of 10,000 square feet.

(2) Lots not served by public sanitary sewer shall have a minimum width of 150 feet and a minimum area of 40,000 square feet. When there is a reasonable likelihood that unsewered lot will be sewered within 10 years and that the required frontage thereafter will be 75 feet, the City Plan Commission or subdivider may cause dotted lines to be drawn across the center of the lots applicable on plat and zoning maps so as to notify prospective purchasers of that possibility.

B. Building setbacks. Permitted building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards, and avoid water pollution.

(1) Minimum yard setback requirements for new single-family residential parcels created in the shoreland area shall be as follows:

(a) Lots served by public sanitary sewer shall have the following minimum yard setback requirements:

[1] Shore: 75 feet.

[2] Street: 25 feet.

[3] Rear: 25 feet.

[4] Side: 10 feet.

(b) Lots not served by public sanitary sewer shall have the following minimum yard setback requirements:

[1] Shore: 75 feet.

[2] Street: 50 feet.

[3] Rear: 50 feet.

[4] Side: 15 feet

(2) Unless an existing development pattern exists, a setback of 75 feet from the ordinary high-water mark of an adjacent body of water to the nearest part of a building or structure shall be required for all buildings and structures except piers, boat hoists, and boathouses. If an existing development pattern exists, shore yards may be reduced to the average of the shore yards existing on the abutting properties within a distance of 100 feet of the subject site but shall not be reduced to less than 50 feet.

(3) Buildings and structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance requirements; see Chapter 119.

[Amended 3-6-2012 by Ord. No. 1943(20)]

(4) The use of boathouses for human habitation and the construction or placing of boathouses beyond the ordinary high-water mark of any navigable waters shall be prohibited.

C. Boathouses located within shoreland areas. Boathouses located within shoreland areas shall be regulated as follows:

(1) Boathouses accessory to residential uses may be located within a shore yard but shall:

(a) Be no closer than 20 feet to the average annual high-water elevation of the stream, lake, pond, or wetland. The Zoning Board of Appeals may vary this distance; in no case, however, shall boathouses be allowed to project beyond the shoreline.

(b) Not exceed one boathouse on the premises for each shoreland lot.

(c) Not exceed a height of 15 feet above the high-water elevation.

(d) Not exceed 250 square feet in horizontal area covered.

(e) Not be closer than 15 feet to any side lot line.

(f) Be constructed in such a manner as to orient the main opening of the boathouse toward the body of water.

(g) Be used strictly for the storage of boats and water-related recreational accessories.

(2) The use of a boathouse for human habitation is prohibited. No plumbing, heating or cooking facilities may be provided in or for a boathouse.

(3) The roof of a boathouse shall not be used as a deck or for other such purposes, nor shall railings be placed on top of the boathouse.

D. Cutting of trees and shrubbery clearing.

(1) Tree cutting and shrubbery clearing are prohibited except for home and park site development, access roads, customary trimming, dead tree removal, stream and drainage projects approved by the City Plan Commission, and managed timber harvesting under a State of Wisconsin District Forester's plan within the following distances from high-water elevation:

(a) Lakes 50 acres or more in area: 300 feet.

(b) Lakes less than 50 acres in area: 200 feet.

(c) Navigable streams: 100 feet.

(d) All other streams: 50 feet.

(2) Tree cutting and shrubbery clearing not prohibited under Subsection D(1) above may be allowed as a conditional use, provided that such cutting and clearing within 35 feet inland from the ordinary high-water mark shall not exceed 30 feet in any 100 feet, as measured along the ordinary high-water mark, and shall be so regulated as to prevent erosion and sedimentation, preserve and improve scenic qualities, and during foliation substantially screen any development from stream or lake uses. Paths and trails shall not exceed 10 feet in width and shall be so designed and constructed as to result in the least removal and disruption of shoreland cover and the minimum impairment of natural beauty. Any path or trail within the thirty-five-foot area described above shall be constructed and surfaced so as to effectively control erosion.

(3) The City Plan Commission or the Zoning Administrator shall request a review of such tree cutting and shrubbery clearing in excess of one acre by the Wisconsin Department of Natural Resources and await its recommendations before taking final action, but not to exceed 60 days.

E. Clearing requiring approval. Site, road (except roads used primarily for agricultural purposes), path, and trail development and all other cutting and trimming within the shoreland area shall be conditional uses requiring review, public hearing, and approval by the City Plan Commission in accordance with § 315-130 of this chapter.

F. Earth movements and soil disturbance activities.

(1) Earth movements and soil disturbance activities, such as topsoil removal, road cutting, construction, altering, or enlargement of waterways, stream course changing, removal of stream or lake bed material, channel clearing, filling, grading, lagooning, dredging, ditching, excavating, and soil and water conservation structures, may be permitted by the Plan Commission as conditional uses provided that such uses are so regulated as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen, and topography and only in accordance with the requirements of Ch. 30, Wis. Stats., and other state and federal laws where applicable.

(2) The Zoning Administrator shall request a review of such earth movement and soil disturbance activities by the County Land Conservation Office and the State District Fish and Game Managers and a review of each such cutting and clearing from the State District Forester and await their recommendations before taking final action, but not to exceed 60 days.

(3) A copy of the City Plan Commission's decision on such application shall be forwarded to the Wisconsin Department of Natural Resources and the Region 2 Water Resources Advisory Board within 10 days of such decision.

G. Pyramiding. No pyramiding, as defined in § 315-140 of this chapter, shall be permitted on any lands fronting a public body of water except as may be specifically permitted accessory to a marina or resort or which may be allowed under the terms of a conditional use permit for a planned residential development or which may be approved as a part of a subdivision plat review.

§ 315-12.2 Adult establishment uses. [1]

[Added 10-17-2023 by Ord. No. 2102(8)]

A. Intent and findings of fact.

(1) Intent.

(a) The intent of this section is to regulate adult establishments and related activities to protect the health, safety, and general welfare of the citizens of Burlington, to further preserve the quality of family life as well as the rural characteristics of the City, to prevent adverse and deleterious effects contributing to the blight and downgrading of portions of the City, to avoid the effects of adult entertainment upon minors and the violation of the civil rights of many persons partaking in such entertainment, to mitigate criminal activity and disruption of public peace associated with adult establishments, and also to prevent the unsanitary and unhealthful conditions associated with such establishments. This regulation will establish reasonable and uniform provisions to regulate adult establishments within the City of Burlington.

(b) It is not the intent or effect to restrict or deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market.

(c) It is not the intent or effect to limit or restrict the lawful activities permitted under Ch. 125, Wis. Stats., "Alcohol Beverages," and the Municipal Code of the City of Burlington. By the enactment of this section, the Burlington Common Council does not intend to give any explicit, implicit, or tacit approval or condone any activity relating to adult entertainment.

(d) The Common Council intends to control the impact of the secondary effects enumerated in § 315-12.2A(2) in order to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; and preserve the property values and character of surrounding neighborhoods and areas.

(e) It is not the Common Council's intent to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the secondary effects of adult establishments while providing an outlet for First Amendment protected activities.

(f) In order to minimize and control the secondary effects of adult establishments upon the City, it is the Common Council's intent to prevent the concentration of adult establishments within a certain distance of other specified locations which are incompatible with and would suffer from the secondary effects of adult establishments.

(2) Findings of fact.

(a) The Common Council finds that adult establishments as defined in this section require special zoning in order to protect and preserve the health, safety, and welfare of the City of Burlington.

(b) Based on its review of the following:

[1] Report to the American Center for Law and Justice on the Secondary Impacts of Sexual Oriented Businesses;

[2] The Affidavit of Richard McCleary for the case of New Albany DVD LLC v. City of Albany;

[3] National Law Center Summaries of SOB Land Use Studies;

[4] Workplace Perspectives on Erotic Dancing, a Minneapolis Minnesota Study;

[5] The studies conducted in Newport News, Virginia, Garden Grove, California, Dallas, Texas, Houston, Texas;

[6] The Effects of Sexually Oriented Businesses by Louis F. Cormus III, which summarized studies conducted in Phoenix, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; Seattle, Washington; New York City, New York (specifically, Times Square); Dallas, Texas; Environmental Research Group Report; Tucson, Arizona; Manatee County, Florida; State of Minnesota; New Hanover County, North Carolina; Town and Village of Ellicottville, New York; Islip, New York; New York City, New York; Oklahoma City, Oklahoma; Houston, Texas; Newport News; and Des Moines, Washington;

[7] The Police Memorandum dated May 1, 1990, to the Tucson, Arizona, City Prosecutor;

[8] Rural Hotspots: The Case of Adult Businesses by Dr. Richard McCleary;

[9] 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), Association of Club Executives of Dallas, Inc., et al. v. City of Dallas, 22-CV-00177 (N.D. Tex. May 24, 2022).

(c) The Common Council finds that there is convincing evidence that the secondary effects of adult establishments include an increased risk of:

[1] Prostitution;

[2] High-risk sexual behavior and sexually transmitted diseases;

[3] Human trafficking;

[4] Crime, especially sex-related crimes; and

[5] Other deleterious effects upon existing business and surrounding residential areas, and decreased property values.

B. Uses.

(1) Principal uses. The First Amendment and other provisions of the Unites States Constitution, as interpreted by the United States Supreme Court and other courts, require that adult establishments, as defined in this section, are entitled to certain protections, including the opportunity to locate in the City. Therefore, an adult establishment shall be an allowed principal use in all zoning districts subject to the siting restrictions described in this section, except residentially zoned districts (Rm, Rd, and Rs Districts). The adult establishment may locate in the City only if an adult establishment license has been granted by the City if all the requirements of this section and the applicable zoning district's regulations are met.

(2) Accessory uses. Any accessory use authorized by the underlying zoning district may be an accessory use to an adult establishment. In no case shall an adult establishment be an accessory use to any principal use designated by any section of this chapter.

C. Regulations applicable to all adult establishments.

(1) Location requirement. No permit shall be granted where the public entrance of the proposed adult establishment is within 600 feet of a residential use, residential district, house of worship, school, day-care center, playground, public park, recreation area, library, museum, or immediately adjacent to a bar or tavern that serves alcoholic beverages. In the case of an area zoned residential, the distance shall be measured from the nearest point on the residential district zoning boundary line. From an area not zoned residential but used for residential purposes, the measurement shall be taken from the public entrance of the adult establishment to the nearest entrance of the building in residential use. From schools, houses of worship, day-care centers, libraries, and museums, the distance shall be measured from the public entrance of the adult establishment to the main public entrance of the protected use. From playgrounds, public parks, recreation areas, and schools, houses of worship and day-care centers with playgrounds or recreation areas, the distance shall be measured from the public entrance of the adult establishment to the nearest property line of the playground, public park, or recreation area.

(2) Hours of operation. No adult establishment shall be open for business at any time between the hours of 2:00 a.m. and 12:00 noon.

(3) Animals. No animals, except for those animals required to assist a disabled person under the Americans with Disabilities Act (ADA), shall be permitted at any time at or in any adult establishment or permitted premises.

(4) Restricted access. No adult establishment patron shall be permitted at any time to enter into any of the nonpublic portions of any adult establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of adult establishment employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the permitted premises; provided, however, that any such persons shall remain in such nonpublic areas only for the purposes and to the extent and time necessary to perform their job duties.

(5) Exterior display. No adult establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," from any sidewalk, public or private right-of-way, or any property other than the lot on which the permitted premises is located. No portion of the exterior of an adult establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed by this section with regard to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening.

(6) Sign limitations. All signs for adult establishments shall be flat wall signs. The business may have only one nonflashing business sign which may only indicate the name of the business and identify it as an adult establishment and which shall not be larger than four feet by four feet. Temporary signs shall not be permitted in connection with any adult establishment.

(7) Noise. No loudspeakers or sound equipment audible beyond the adult establishment shall be used at any time.

(8) Manager's stations. Each adult establishment shall have one or more manager's stations. The interior of each adult establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the establishment to which any adult establishment patron is permitted access for any purpose. The cashier's or manager's station shall be located so that someone working there can quickly move to physically halt any attempted or accidental entry by a minor. An employee shall occupy the station at all times when patrons are in and on the premises.

(9) Adult booths prohibited. Adult booths shall be prohibited in all adult establishments.

(10) No loitering policy. The adult establishment shall clearly post and enforce a no loitering policy.

(11) Age limit restrictions. The adult establishment shall clearly post and enforce age-limit restrictions. A one-square-foot sign shall be placed on each public entrance which shall state "Admittance to adults only" and may include other pertinent business information.

(12) Measuring disbursement distances. The distances in this section shall be measured by following a straight line, without regard to intervening structures, from the public entrance (existing or proposed) of an adult establishment to the nearest point of the protected use as described below.

(13) Spacing requirement. No more than one adult establishment may be located on any one parcel, and the location of any one adult establishment shall be at least 1,000 feet from the establishment of any other adult establishment. This distance shall be measured from the public entrance of one adult establishment to the public entrance of the other adult establishment.

(14) Display windows prohibited. All points of access into structures containing adult establishments and all windows or other openings shall be located, constructed, covered, or screened in a manner which will prevent a view into the interior.

(15) Residential quarters not allowed. No residential quarters shall be allowed on a premises with an adult establishment.

(16) All live performers in an adult establishment shall perform only on a stage elevated no less than 36 inches above floor level. There shall be a metal railing attached to the floor by bolts surrounding the stage which shall keep patrons at least 48 inches from the stage. There shall also be a metal railing attached to the floor by bolts at the end of the stage.

(17) The owner and/or operator of the adult establishment shall agree to comply with all state, federal and local laws and ordinances, including obscenity, liquor, and cabaret laws. Solicitation for purposes of prostitution shall be strictly prohibited. Conduct in violation of § 944.21, Wis. Stats., or § 20-1357 of this Code shall be strictly prohibited.

(18) Parking. For purposes of determining minimum parking requirements, adult entertainment establishments shall be treated as "other miscellaneous freestanding retail stores" under § 315-48I (see Table 5).[2]

[2] Editor's Note: Table 5 is included as an attachment to this chapter.

D. Required information and documents.

(1) Demographics.

(a) Individuals.

[1] Applicant's legal name, all of the applicant's aliases, and the applicant's age;

[2] Applicant's business address.

(b) Corporations.

[1] Applicant corporation's complete name and official business address;

[2] Legal names, all aliases, the ages, and business addresses of all of the directors, officers, and managers of the corporation and of every person owning or controlling more than 25% of the voting shares of the corporation;

[3] Applicant corporation's date and place of incorporation and the objective for which it was formed;

[4] Proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Wisconsin;

[5] Name of the registered corporate agent and the address of the registered office for service of process.

(c) Partnerships (general or limited), limited-liability companies, joint ventures, or any other type of organization where any number of persons share in the profits and liabilities of the organization.

[1] Applicant organization's complete name and official business address;

[2] Legal name, all aliases, the ages, and business addresses of each person (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization;

[3] Applicant organization's date and place of incorporation and the objective for which it was formed;

[4] Proof that the organization is an entity in good standing and authorized to conduct business in the State of Wisconsin;

[5] Name of the registered agent and the address of the registered office for service of process.

(d) Land trusts.

[1] Applicant land trust's complete name;

[2] Legal name, all aliases, and the business address of the trustee of the land trust;

[3] Legal name, all aliases, the ages, and business addresses of each beneficiary of the land trust and the specific interest of each such beneficiary in the land trust;

[4] The interest, if any, that the land trust holds in the permitted premises;

[5] Applicant land trust's date and place of creation and the objective for which it was formed;

[6] Proof that the land trust is an entity in good standing and authorized to conduct business in the State of Wisconsin;

[7] Name of the registered agent and the address of the registered office for service of process.

(2) If a corporation, partnership, or other organization is an interest holder that shall be disclosed pursuant to Subsection D(1)(b) and (c), then such interest holders shall disclose the information required in said subsections with respect to their interest holders.

(3) The general character and nature of the applicant's business.

(4) The length of time that the applicant has been in the business of the character specified in response to Subsection D(3) above.

(5) The location (including street address and legal description) and telephone number of the premises for which the adult establishment permit is sought.

(6) The specific name of the business that is to be operated under the adult establishment permit.

(7) The identity of each fee simple owner of the anticipated premises.

(8) A diagram showing the internal and external configuration of the permitted premises, including all doors, windows, entrances, exits, the fixed structural internal features of the permitted premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required, provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clearly the various interior dimensions of all areas of the permitted premises and to demonstrate compliance with the provisions of this section. The approval or use of the diagram required pursuant to this subsection shall not be deemed to be, and may not be interpreted or construed to constitute, any other City approval otherwise required pursuant to applicable City ordinances and regulations.

(9) The specific type(s) of adult establishment(s) that the applicant proposes to operate on the permitted premises.

(10) A copy of each adult establishment's permit, liquor license, and gaming license currently held by the applicant, or any of the individuals identified in the application pursuant to Subsection D(1) or (2) above.

(11) The name of the individual(s) who shall be the day-to-day, on-site manager(s) of the proposed adult establishment.

(12) The application fee, site plan review fee, and zoning permit fee in the amount as adopted by resolution or in the annual City budget.

(13) Any other information the Zoning Administrator may reasonably require to apply the requirements of this section.

(14) The Zoning Administrator reserves the right to require a survey from a surveyor licensed by the State of Wisconsin to determine the spacing requirements under this section.

(15) A site plan, landscaping plan, zoning permit application, and letter of agent status, if necessary, as required by site plan review application requirements adopted by the Planning and Development Department.

E. Incomplete applications returned. Any application for an adult establishment that does not include all of the information and documents required pursuant to this section, as well as the required fees, shall be deemed to be incomplete and shall not be acted on by the Zoning Administrator who shall give the applicant a written notification and explanation of such action pursuant to this section.

F. Applicant cooperation required. An applicant for an adult establishment permit shall cooperate fully in the inspections and investigations conducted by the City of Burlington. The applicant's failure or refusal to:

(1) Give any information reasonably relevant to the investigation of the application;

(2) Allow the permitted premises to be inspected;

(3) Appear at any reasonable time and place; or

(4) Otherwise cooperate with the investigation and inspection required by this section shall constitute an admission by the applicant that the applicant is ineligible for an adult establishment permit and shall be grounds for denial of the permit by the Zoning Administrator.

G. Time for issuance or denial. The Zoning Administrator shall, within 30 days after submittal of a completed application, or within such other period of time as the City and the applicant shall otherwise agree, either issue or deny an adult establishment permit pursuant to the provisions of this section.

H. Standards for issuance or denial of permit.

(1) Issuance. The Zoning Administrator shall issue an adult establishment permit to an applicant if the Zoning Administrator finds and determines all of the following:

(a) All information and documents required by this section for issuance of an adult establishment permit have been properly provided.

(b) No person identified in the application may:

[1] Have been denied an adult establishment permit within 12 months immediately preceding the date of the application;

[2] Be a person whose adult establishment permit has been revoked within 12 months immediately preceding the date of the application; or

[3] Be a person whose adult establishment permit is under suspension at the time of application.

(c) The adult establishment and the permitted premises comply with all requirements under this section and the applicant has obtained a license required for the adult establishment by the City, if any.

(d) The applicant has signed the permit he or she has received indicating his or her acceptance of the conditions of the permit.

(2) Denial. If the Zoning Administrator determines that the applicant has not met any one or more of the conditions set forth in this section, then the Zoning Administrator shall deny issuance of the adult establishment permit and shall give the applicant a written notification and explanation of such denial.

(3) License deemed to be issued. If the Zoning Administrator does not issue or deny the adult establishment permit within 30 days after the properly completed application is submitted, then the adult establishment permit applied for shall be deemed to have been issued.

I. Enforcement.

(1) A violation of the requirements of this section or any conditions of an adult establishment permit is a violation of this section.

(2) Notwithstanding any other remedy, a violation of any conditions of an adult establishment permit shall be grounds for revocation of the adult establishment permit.

J. Continued conforming status. An adult establishment lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of the adult establishment permit, if a protected use is located within 600 feet of the adult establishment.

K. Severability. If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. This section shall take effect and be in force from and after its passage and publication, as provided by law.

[1] Editor's Note: Former § 315-12.2, Floodplain/Floodland provisions, added 11-9-2006 by Ord. No. 1808(12), as amended, was repealed 3-6-2012 by Ord. No. 1943(20).