A.
Permit required. A building and zoning permit shall be required for
all pools except those specifically exempt.
B.
Exempt pools. Storable children's swimming or wading pools, with
a maximum wall height of 12 inches, are exempt from the provisions
of this section.
C.
Location. All swimming pools shall be located at least 10 feet from
any lot line or structure. In no case shall a swimming pool be located
between the public right-of-way and the principal structure. In no
case shall a swimming pool be erected or constructed in a required
yard adjacent to a street right-of-way.
D.
Equipment. All private swimming pools must have a filtration system
to assure proper circulation of the water therein and maintenance
of the proper bacterial quality thereof. Pumps and filter equipment
shall in no case be closer than 20 feet to a property line and shall
be adequately housed and muffled.
E.
Patios and decks. Surfaced terraces shall be permitted no closer
than three feet to a lot line where accessory to a private residential
pool. Sun decks shall comply with the bulk regulations for accessory
structures.
F.
Attractive nuisance. Reasonable precautions shall be taken to insure
the safety of the pool area and to prevent it from becoming an "attractive
nuisance." Pools other than those classified as "private residential"
shall be completely fenced so as to prevent the unregulated entrance
of young children to the pool area.
G.
Exposed or partially exposed pools. Permanent pools constructed to
be exposed or partially exposed above the surface of the ground shall
have the pool construction completely and adequately screened from
the view of the abutting properties by means of combined fence and
landscape screen approved by the Zoning Enforcement Officer.
H.
Pools other than those classified as private residential. Pools other
than those classified as private residential shall conform to the
following:
(1)
Pools shall meet state requirements contained in Wisconsin Administrative
Codes Chs. SPS 390 and DHS 172.
(2)
Adequate provision shall be made for separate shower, lavatory, and
dressing facilities for men and women which facilities shall be well
lighted, ventilated and properly equipped.
(3)
Pool construction shall be of concrete, steel or other material having
an impervious smooth surface and approved by the Zoning Enforcement
Officer.
(4)
Pool shape, design, depth and slopes shall be such as to promote
safe control of the bathers in the pool.
(5)
Inlets must be submerged and produce uniform circulation without
"dead" spots.
(6)
Outlets must be of ample size and located at the pool low points.
(7)
Hose connections must be of ample size and located at the pool low
points.
(8)
Overflow gutters must surround the pool and have a pitch adequate
to carry off all overflow.
(9)
Adequate steps of ladder shall be provided to allow safe emergence
from the pool and shall be made of impervious material, easily cleaned,
and must not collect water or retain water.
(10)
A suction cleaner must be used to removed sludge, sediment and
other accumulations.
(11)
Recirculation systems shall consist of pumping equipment, hair
and lint catcher, filter, and all necessary fixtures and connections;
must be capable of six-hour turnover of water; and must include disinfecting
equipment.
(12)
All equipment must be accessible, satisfactorily located and
the equipment room adequately drained.
(13)
Each pool shall have available a pH and residual determination.
(14)
If used at night, the pool shall be adequately lit.
I.
Fencing requirements.
(1)
Swimming pools not enclosed within a permanent building shall be
completely enclosed by a fence of sufficient strength to prevent access
to the pool and shall be so constructed so as not to have voids, holes
or openings larger than four inches in any one dimension. No fence
shall be located, erected, constructed or maintained closer to a pool
than three feet.
(2)
In-ground pools shall be completely fenced by a permanent, sturdy
fence, not less than four feet or more than six feet in height. Access
to any such pool shall be through a gate or gates in the fence, equipped
with a self-closing, self-latching device placed at a minimum height
of three feet above the ground.
(3)
Aboveground pools having a height of less than four feet (48 inches)
above ground at any portion of the pool side wall are required to
be fenced the same as in-ground pools. When fencing is required, it
shall be installed to extend a minimum of four feet beyond any area
less than 48 inches high. When the height of a pool side wall is such
that a fence will not be required (48 inches or higher), all ladders,
steps or other means of access to an above ground pool shall be removed
and/or designed to prevent access when the pool is unattended.
[Amended 3-1-2022 by Ord. No. 1232]
A.
Home occupations and home-based retail sales shall be permitted as
an accessory use in all residential districts so long as such use
is secondary to the principal residential use and is carried on by
the residential occupant, subject to the provisions of this section.
B.
Regulations applicable to home occupations and home-based retail
sales.
(1)
If located within the principal structure, such uses shall not occupy more than 25% of the assessed floor area of such structure unless a conditional use is approved by the Plan Commission in accordance with § 660-195 of this chapter.
(2)
Such use shall not employ in the home more than three persons not
a resident of the premises.
(3)
No such use shall be permitted which generates pedestrian or vehicular
traffic incompatible with the residential character of the neighborhood.
(4)
Any off-street parking area provided shall be maintained dustless,
and adequately screened from adjoining residential properties.
(5)
Such use shall not include the conduct of any retail or wholesale
business on the premises, nor the removal of sand, gravel, stone,
topsoil, or peat moss for commercial purposes.
(6)
Such use shall not include the operation of any machinery, tools
or other appliances, or the outside storage of materials, or other
operational activity, which would create a nuisance or be otherwise
incompatible to the surrounding residential area.
(7)
Such use of the premises for home occupations and home-based retail
is permitted under this section so long as such use is permitted under
and in compliance with all applicable federal, state, county, and
local statutes, codes, and ordinances.
Artist live/work space shall conform to the standards applicable
to home occupations, except that the floor area devoted to nonresidential
activity shall not be limited.
A.
The dwelling unit and the in-family suite shall together appear as
a single-family dwelling, and the suite must have an internal connection
to the primary residence. External stairs serving as the primary access
to the in-family suite are prohibited.
B.
In-family suite may contain separate kitchen, dining, bathroom, laundry,
living, sleeping, and recreation areas, including exterior porches,
patios and decks.
C.
A separate outdoor access or separate access to the garage may be
provided.
D.
A separate address and utility connection or meters for the in-family
suite are not permitted.
E.
The in-family suites may not be occupied by a non-family member.
F.
In-family suites should be considered and regulated as part of a
single-family dwelling unit.
B.
Guest houses shall not be rented or leased.
The twin home, also called a zero-lot-line home, consists of
a single-family dwelling which is attached on one side to another
single-family residence. The two residences are located on separate
lots.
A.
Twin homes shall be built with one unit per subdivided lot, and with
no more than two units per building, with each dwelling unit being
attached to the adjacent unit.
B.
A subdivision plat or certified survey showing the common wall and
lot line shall receive approval from the City prior to the issuance
of any required building, plumbing, occupancy or other permit.
C.
All City of Lake Mills building and fire codes are applicable to
twin homes, as well as a minimum one-hour fire separation, complying
with the Wis. Admin. Code, and which provides for a vertical separation
of all adjacent areas of each dwelling unit from the lowest level
flush against the underside of the roof. Each twin home unit shall
have separate sewer and water laterals and shall have separate utility
services for all other utility hookups.
D.
The Zoning Administrator may require restrictive covenants be recorded
against the property as a condition to any certified survey map or
subdivision plat approval or conditional use, occupancy, building
or plumbing permit issuance. The recorded restrictive covenants shall
be filed with the Zoning Enforcement Officer prior to the issuance
of any permit for zero-lot-line dwellings.
Townhouses are attached, two-story, single-family residences,
each having a private, individual access. They may be located on their
own lots or within a group or large development and may not be split
into additional residences.
A structure designed and occupied as a bed-and-breakfast residence
in which sleeping rooms are provided on a daily or weekly basis for
use by travelers or transients shall conform to the following regulations:
A.
The establishment and operation shall be located within an existing
owner-occupied single-family dwelling.
B.
The establishment shall have no more than eight guest rooms for rent
to no more than 20 tourists or transients.
C.
The owner of the property shall be responsible for the operation
of the property and shall be a resident of the property when the establishment
is in operation.
D.
The establishment shall provide no meals other than breakfast, and
breakfast shall only be provided to renters of the place. No cooking
facilities, including, but not limited to, stoves, microwave ovens,
toaster ovens, and hot plates, shall be available to guests. The establishment
shall comply with Chapter 97, Food, Lodging and Recreation, of the
Wisconsin Statutes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
The single-family residence in which the operation is located shall
be maintained so that the appearance of the building and grounds remain
that of a single-family residence.
A.
Each boarding house shall be a single structure containing assigned
rooms for residents.
B.
The minimum lot size shall be 900 square feet per boarding room,
and the lot shall have a minimum sixty-six-foot width.
C.
No more than one boarding house per individual tract, parcel, or
platted lot is allowed.
D.
Each boarding room shall be a minimum of 200 square feet in area,
and no more than two occupants per sleeping room are allowed.
E.
Public ingress and egress to the boarding house shall be through
one common exterior entrance. Ingress and egress for boarders shall
be through common exterior entrances. Entry access to all boarding
rooms shall be through the interior of the building. No exit doors
from individual boarding rooms shall lead directly to the exterior
of the building.
F.
No cooking is permitted in any sleeping room. No cooking facilities
are permitted in any sleeping room. Residents must have access on
site to shared common areas for cooking and eating. A common kitchen
facility equipped for cooking meals located on site must be available
to the residents, or daily meals must be provided on site for the
residents of the boarding house.
G.
Each floor must contain at least one fully equipped bathroom for
each five residents that is accessible from a common hallway.
H.
Each boarding house shall have a resident manager.
I.
All residents must execute a lease before occupancy. Rooms must be
leased to the same resident for at least seven consecutive calendar
days.
Community living arrangement facilities are regulated depending
upon their capacity as provided for in Wisconsin Statutes § 62.23(7)(i),
provided any such regulations do not violate federal or state housing
or antidiscrimination laws. Community living arrangements include
all facilities provided for in Wisconsin Statutes § 46.03(22),
including child welfare agencies, group homes for children, foster
homes, treatment foster homes, adult family homes, and community-based
residential facilities. Community living arrangements are subject
to the following provisions:
A.
General regulations.
(1)
All CLAs, except those located in a Single-Family Residential District,
shall comply with the provisions of this chapter before the zoning,
occupancy, and building permits can be issued.
(2)
No community living arrangement shall be established within 2,500
feet of any other such facility regardless of its capacity unless
Planning Commission and City Council agree to a reduction in spacing.
(3)
The applicant shall demonstrate that the total capacity of all community
living arrangements (of all capacities) in the City shall not exceed
1% of the City's population (unless specifically authorized by the
City Council following a public hearing).
B.
Restrictions.
|
Table 4.1: Restrictions
| |||
|---|---|---|---|
|
Type
|
Districts Permitted
|
Statutory Restrictions
| |
|
Foster family home (domicile) licensed under § 48.62,
Wis. Stats., up to 4 children
|
None
| ||
|
Other foster homes
|
§ 62.23(7)(i)1 and 2, Wis. Stats.
| ||
|
Adult family home (domicile) as defined in § 50.01(1),
Wis. Stats., up to 4 adults, or more if all adults are siblings
|
None
| ||
|
Other adult family homes
|
§ 62.23(7)(i)1 and 2, Wis. Stats.
| ||
|
CLA, 4 to 8 persons
|
§ 62.23(7)(i)1, 2, and 9, Wis. Stats.
| ||
|
CLA, 9 to 15 persons
|
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
| ||
|
CLA, 16+ persons
|
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
| ||
|
Family day-care home licensed under § 48.65, Wis.
Stats., up to 8 children
|
§ 66.1017, Wis. Stats.
| ||
[1]
Editor's Note: The Land Use Matrix is an attachment to this chapter.
Mobile home parks are a residential development in which land
is reserved for individually sold or "air rights" containing mobile
home units. The standards as set forth in this section are the minimum
standards for all construction and sanitation facilities and other
necessary facilities for the safety, health and general welfare of
the occupants. The following standards shall apply to all mobile home
park lands and units. The standards shall be in accordance with applicable
state standards governing mobile home parks.
A.
Development standards for mobile home park district.
(1)
Mobile home park developments shall comply with the provisions of this chapter and Chapter 470, Mobile Home Parks, of the Code of the City of Lake Mills before the zoning, occupancy, and building permits can be issued.
(2)
The minimum site area for a mobile home park development shall be
10 acres.
(3)
Principal structure height. No principal building or structure erected
will have a height greater than 35 feet.
B.
Area and yard requirements for individual mobile home unit. Each
mobile home space shall have:
(1)
Minimum area: 4,250 square feet.
(2)
Minimum width: 35 feet.
(3)
Minimum depth: 60 feet.
(4)
Distance between residential mobile home units or other permitted
buildings or structures. A minimum separation of 15 feet shall be
required between all units and attached appurtenances.
(5)
Accessory structures. Each mobile home unit shall be permitted one
accessory structures not to exceed 150 square feet.
(6)
Each occupied manufactured home or mobile home shall have solid skirting
with an approved material around the entire structure.
C.
Access, parking and traffic.
(1)
Each mobile home park will abut a dedicated street improved to applicable
standards.
(2)
Mobile home park design will be so arranged to avoid vehicular, pedestrian
and bicycle traffic congestion. Pedestrian, bicycle and vehicular
safety will be protected, emergency vehicle access maintained and
no adverse impact to adjoining properties will be created.
(3)
All interior streets and access shall be hard surfaced, and shall
comply with City standards as enforced by the Public Works Director.
E.
Additional requirements.
(1)
Each mobile home unit will be connected to municipal sanitary sewer
system.
(2)
Service yards, storage areas and trash disposal areas will be completely
screened by a continuous visual barrier.
(3)
Fire protection facilities will be installed within each mobile home
park in accordance with the requirements of the responsible fire protection
agency.
The repair of an automobile or a motor vehicle in any residential
zoning district is subject to the following restrictions:
A.
Minor repairs and maintenance. Minor repairs and maintenance may
be done on vehicles owned by the occupant of the structure. Such repairs
may include, but are not limited to, the changing and replenishment
of fluid levels, oil changes, electrical system repair and maintenance,
tire rotations, the replacement of brake pads and rotors, and the
replacement of drive belts and hydraulic lines.
B.
Other repairs. Any other repairs on the motor vehicle or automobile
shall be restricted to totally enclosed spaces that are properly ventilated
or accomplished on privately registered vehicles lawfully licensed.
A.
Design. Drive-through facilities and car wash establishments shall
be designed so that:
(1)
The minimum dimension of queuing spaces shall be nine feet in width
and 20 feet in length.
(2)
Queuing spaces shall be placed in a single line up to the point of
service.
(3)
Queuing spaces shall be located so that, when in use, they do not
obstruct ingress/egress to the site, they do not obstruct access to
required parking or loading spaces, and do not otherwise interfere
with vehicle circulation on the site.
(4)
Vehicle queuing and equipment associated with the drive-through or
car wash shall be concealed from view from public streets and surrounding
property to the greatest extent possible by their orientation, design
or by screening. This will often involve orienting the drive-through
or car wash to the side or rear of the building, away from the public
street.
(5)
On a lot in the B1 District, if a drive-through facility adjoins
a public street, the building shall be designed to extend over the
drive-through lanes with windows located on this building extension
facing the street, in order to maintain the street wall. In the B1
District, establishments shall be limited to two drive-through lanes.
B.
Required queuing length.
(2)
For a car wash, queuing spaces shall begin behind the last vehicle
being washed. For all other drive-through uses, queuing spaces shall
include the vehicle stopped at a last point of service, such as a
window.
(3)
Maintenance. The operator of the drive-through facility shall provide
adequate on-site outdoor waste receptacles and shall provide daily
litter cleanup along the rights-of-way abutting the property.
Gas stations, convenience stores, gas stations with automotive
repair facilities, automotive repair facilities, motor sales facilities,
including automobile sales with automotive repair facilities, shall
meet the following requirements:
A.
Direct access to arterial streets required. All gas stations shall
have direct access to an arterial street which is a federal, state,
or county designated highway, except where it is part of a nonresidential
development where access is provided by a parallel access road or
reverse frontage road where nonresidential uses will be on both sides
of the street.
B.
Architectural design. The buildings shall use the same architectural
materials on all sides of the building. All such buildings shall be
constructed of brick masonry, split-face concrete block, or stone.
Additionally, all convenience stores abutting residential uses and
zoning districts shall have pitched roofs matching the roof lines
of adjoining residential structures.
C.
Fuel pump location. Any fuel pumps and pump islands shall be at least
40 feet from any street or abutting lot line and meet all other State
of Wisconsin regulations. Underground storage tanks shall be located
in compliance with state and federal regulations.
D.
Canopies. The canopies provided over the pump islands of gas pumps
shall meet the yard requirements of a principal structure. In addition:
(1)
Obstruction of visibility at rights-of-way prohibited. The canopy
shall not block visibility at intersections of rights-of-way or drives.
(2)
Zoning district front yard requirements shall be met. All pump islands,
their surrounding structures, and the canopy overhang shall meet the
zoning district's front yard requirement.
(3)
Canopies to be counted toward maximum permitted FAR. All canopies
shall be counted toward the maximum permitted floor area ratio (FAR)
of the nonresidential zoning district in which the canopy is to be
constructed.
(4)
Maximum height. Under no circumstances shall the underside of the
canopy (as measured at the bottom of its exterior fascia) be higher
than 16 feet.
(5)
Canopy roofs. Canopy roofs shall be architecturally consistent with
the main building. Signs or distinctive emblems may be considered
for the canopy.
E.
Repair services. All repair services shall be done within a completely
enclosed building and shall meet the following requirements:
(1)
No more than the required off-street parking set forth under the provisions of § 660-41 of this chapter shall be allowed.
(2)
All overnight storage of vehicles awaiting needed parts shall be
within the building or in an enclosed or screened-in yard. Said screening
shall consist of a masonry wall of a minimum height of six feet.
(3)
All damaged or inoperable parts shall be stored indoors until removed
from the premises.
(4)
An automotive repair facility shall store all vehicle parts within
a completely enclosed building.
(5)
The maximum allowable number and size of tow trucks which can be
parked at the site shall be determined by the Plan Commission as a
condition of approval of the conditional use permit.
F.
Outdoor storage and display of merchandise. The outdoor storage or display of merchandise shall be permitted by conditional use as outlined in § 660-195 and in accordance with § 660-22. Outdoor storage and display of merchandise shall include, but not be limited to, ice storage or vending boxes, vending machines, and/or propane tanks and or other flammable materials.
G.
Concrete curb and gutter required. Concrete curb and gutter shall
be required throughout all off-street parking, drive, and loading
areas of the development.
H.
Hours of operation. Hours of operation shall be established by the
Plan Commission.
I.
Financial institution uses as an accessory use. Financial institution
uses may be permitted as an accessory use if said use does not occupy
more than 25% of the floor area of the principal structure and is
housed completely within the principal structure. The Plan Commission
may impose hours of operation for the financial institution different
from the hours of operation of the principal use.
J.
Prohibited signs. The following signs are hereby prohibited:
(1)
Any sign which, or any part of which, is in motion by any means,
including fluttering or rotating, or other signs set in motion by
movement of the atmosphere. This includes decorative flags, pennants,
whirling objects, banners, or other entity(ies) attached to strings
or lines.
(2)
Inflatable advertising devices or signs.
(3)
Changeable copy and portable trailer signs, either fixed or movable,
except gas prices consistent with state and/or federal regulations
and practice of the industry.
(4)
Banners or placards which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted by Article VI, Signage).
(5)
A sign on a motor vehicle or trailer parked on public or private
property so as to be seen from the public right-of-way for more than
three consecutive hours, which has attached thereto or located thereon
any sign for the purpose of advertising a product or directing people
to a business activity.
(6)
Exposed neon or similarly appearing signage.
K.
Other requirements. Any other requirements and/or conditions deemed
appropriate by the Plan Commission and/or City Council.
Mini-warehouse or self-storage facilities shall meet the following
requirements:
A.
Direct access to arterial streets required. All mini-warehouses shall
have direct access to an arterial street which is a federal-, state-,
or county-designated highway, except where it is part of a nonresidential
development where access is provided by a parallel access road or
reverse frontage road.
B.
Limitations on use of facilities. Such facilities shall be used only
for the storage of materials or articles and shall not be used for
assembly, fabrication, processing or repair.
C.
Services and sales activities prohibited. No services or sales shall
be conducted from any storage unit. Garage sales and/or flea market
type activities are prohibited.
D.
Practice rooms, meeting rooms, and residences prohibited. Facilities
shall not be used for practice rooms, meeting rooms, or residences.
E.
No outdoor storage shall be permitted.
F.
Storage of explosive or highly flammable material shall be prohibited.
Outdoor nursery and garden sales, either as a principal use
or accessory use, shall meet the following requirements:
A.
Outdoor sales of merchandise to be accessory to enclosed building.
There shall be an enclosed building with outdoor sales of merchandise
accessory to said building.
B.
No outdoor display permitted not accessory to enclosed building.
No outdoor display shall be permitted which is not accessory to an
enclosed building or which has not been approved by the City.
Outdoor recreational uses include all recreational land uses
located on public property (including school district property) which
involves active recreational activities. Such land uses include courts
(tennis, basketball, volleyball), fields (ball diamonds, football,
soccer), tot lots, playgrounds, swimming pools, beach areas, fitness
courses, golf courses, and similar land uses.
Merchandise displays may be permitted on sidewalks within the
B1 Downtown District, provided said merchandise displays are in compliance
with the design standards set forth in the Downtown Design Guidelines[1] and with the following:
A.
No person shall obstruct or impede the pedestrian right-of-way of
any paved public sidewalk with any merchandise or personal property,
except as provided herein. A sidewalk merchandise display shall be
located adjoining the building from which it is marketed. Each display
shall not encroach more than 2 1/2 feet from the building facade,
and in all cases, the unobstructed sidewalk area must be at least
five feet in width and comply with Americans with Disability Act (ADA)
requirements, as from time to time amended.
B.
Displayed merchandise shall be consistent to that sold within the
business. Displayed merchandise shall be maintained in good condition
and shall be removed each day at the close of business.
C.
The property and business owners are jointly and severally liable
for any and all injury to any person or property directly and/or indirectly
caused by their joint or several negligence and/or activities occurring
on the paved sidewalk under this section.
[Amended 4-18-2017 by Ord. No. 1176
As enabled under §§ 125.10, 125.29, 125.52 and
125.53, Wis. Stats., breweries, manufacturers and rectifiers and wineries
shall meet the following requirements:
A.
Licensing.
(1)
A
brewery shall be licensed as outlined in § 125.29(1), Wis.
Stats.
(2)
A
manufacturer or rectifier shall be licensed as outlined in § 125.52,
Wis. Stats.
(3)
A
winery shall be licensed as outlined in § 125.53, Wis. Stats.
(4)
Off-site
retail premises established by manufacturers of intoxicating liquors
shall be outlined as outlined in § 125.51, Wis. Stats.
D.
Restaurants in breweries, manufacturers and rectifiers or wineries.
The following criteria will apply to any restaurant use:
(1)
In Industrial Districts, the restaurant shall be limited to a maximum
size of 50% of the total floor area of the facility, excluding the
area devoted to the tap room, any outdoor seating area or areas for
retail sales of items other than intoxicating beverages.
Beer gardens shall be subject to the following guidelines:
A.
Licensing. Appropriate licensing of operations shall be required.
B.
Closing hours.
(1)
Liquor premises. The closing hours for all premises licensed under
a "Class B" liquor license or permit shall be as permitted in § 125.68(4),
Wis. Stats.
(2)
Beer premises. The closing hours for all premises licensed under
a Class "B" fermented malt beverage license or permit shall be as
permitted in § 125.32(3), Wis. Stats. Breweries shall have
the same closing hours.
C.
Location of service area. The outdoor service area shall not be located
within any public right-of-way or within any required landscape area,
buffer yard, or front, side, or rear yard setback on the same parcel
as the restaurant, tavern, or brewery, not withstanding, however,
outdoor service area conditions which may be placed on the licensed
premises by the licensing agency.
[Added 4-18-2017 by Ord.
No. 1176]
Kennels shall comply with the following standards:
A.
Outdoor runs and exercise areas shall be a minimum of 500 feet from
any residential zoning district.
B.
All animals shall be kept either within completely enclosed structures
or under direct control of the kennel operator or staff at all times,
and shall be kept within completely enclosed structures between the
hours of 9:00 p.m. and 7:00 a.m.
A.
Crop, dairy, cattle, and tree farming, subject to the following:
(1)
The keeping or raising of hogs, fur-bearing animals, or goats shall
not be permitted.
(2)
The keeping or raising of domestic livestock, except for hogs and
fur-bearing animals which are absolutely prohibited in the City, shall
be permitted as part of a principal agricultural use of the premises
on farms of at least 35 acres in area on the basis of not more than
one animal unit per acre.
(3)
Structures/stables for domestic livestock shall not be located closer
than 75 feet to any property line.
All local utility uses shall be permitted in all zoning districts
without limitation as to minimum lot area, yard, or other bulk requirements,
provided that the installation thereof shall comply with the requirements
of the applicable administrative authorities. Community/regional utility
uses shall be permitted only in accordance with the provisions of
the zoning district in which they are located.
A.
Purpose; title; intent.
(1)
The purpose of this section is to provide for the regulation of convenient
cash and other similar establishments. It is recognized that convenient
cash businesses have the potential to be harmful to the public welfare,
both in regards to the community harmony and with respect to potential
effects on the quality, aesthetics and functional aspects of the community.
The purpose of regulating convenient cash services is to ensure compatibility
with surrounding uses and properties and to avoid an unchecked proliferation
of convenient cash services that may result in the displacement of
other necessary commercial and financial services.
(2)
Such businesses tailor their services to make them attractive to
persons experiencing unfavorable economic circumstances, often aggravating
those circumstances. Additionally, it has been found that through
their business practices, convenient cash businesses are susceptible
to attracting criminals seeking to commit robberies. Finally, when
clustered in an area or strung out along an arterial street, such
concentration creates an unwarranted negative impression regarding
the economic vitality of a commercial district and the community at
large. Based on their proliferation, their susceptibility to crime,
and the negative effects of their proliferation, the common council
finds that the health, safety and welfare of the residents of the
City of Lake Mills should be protected by legislation limiting the
geographic proliferation of convenient cash businesses.
(3)
It is therefore the intent of this chapter to regulate the locations
and hours of operation of convenient cash businesses in the City of
Lake Mills.
B.
Location and operation of convenient cash businesses.
(1)
Convenient cash businesses shall not be located within 2,500 feet
of any other convenient cash business.
(2)
Convenient cash businesses shall not be located within 250 feet from
a residential district as measured by the shortest line between the
parcel to be occupied by the proposed convenient cash facility and
the property line of the nearest residential property.
(3)
Hours of operation. Convenient cash businesses shall not operate
between the hours of 9:00 p.m. and 9:00 a.m.
(4)
Business shall keep a glass entrance and exit doors with all windows
clear of any signs or advertisements.
(5)
The building or portion thereof that is dedicated to the check-cashing
use shall have a minimum size of 1,500 square feet of building floor
area.
(6)
All convenient cash businesses shall operate one outdoor surveillance
camera and wireless subscription module.
C.
Security plan. Applicant must provide a security plan to the City
of Lake Mills Police Department that addresses the following:
(1)
Limits on amount of cash immediately available for withdrawal;
(2)
Lighting plan for the business showing both exterior and interior
lighting;
(3)
Plans for maintaining visibility into the interior of the check-cashing
facility;
(4)
Plans for security of the check-cashing area of the facility;
(5)
A program for graffiti and litter abatement;
(6)
Hours of operation; and
(7)
Use of security guards and cameras plan.
A.
Purpose. It is the purpose of this section to regulate sexually oriented
businesses in order to promote the health, safety, and general welfare
of the residents of the City of Lake Mills, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the City of Lake Mills. The
provisions of this section have neither the purpose nor the 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 section to restrict or deny
access by adults to sexually oriented materials protected by the First
Amendment, or to deny access by the distributors or exhibitors of
sexually oriented entertainment to their intended market. Neither
is it the intent nor effect of this chapter to condone or legitimize
the distribution of obscene material.
B.
Findings of fact.
(1)
The City Council finds that adult-oriented establishments, as defined and otherwise regulated by the City in Chapter 240, Adult-Oriented Establishments, of the Code of the City of Lake Mills, require special zoning in order to protect and preserve the health, safety, and general welfare of the City.
(2)
Based 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, Seattle, WA, New York, NY, St. Croix County, WI, and
the Report of the Attorney General's Working Group on the Regulation
of Sexually Oriented Businesses (June 6,1989, State of Minnesota),
and statistics obtained from the United States Department of Health
and Human Services, Centers for Disease Control and Prevention, and
the findings incorporated in City of Renton v. Playtime Theaters,
Inc., 475 U.S. 41 (1986); Coleman 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, 316 F.3d 702, 2003
WL 132541 (7th Cir. 2003), the City Council 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 areas, and decreased property values.
(3)
The City Council intends to control the impact of these secondary
effects in order to protect the health, safety, and general 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 City Council to suppress any speech activities
protected by the First Amendment, but to enact a content-neutral ordinance
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 City, it is the intent of the City Council
to prevent the location of adult-oriented establishments within a
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 City Council finds that a geographic
separation of adult-oriented establishments from alcohol beverage
licensed premises is warranted.
C.
Location of First Amendment-protected 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 and otherwise regulated by the City in Chapter 240, are entitled to certain protections, including the opportunity to locate in the City. Therefore, if an adult-oriented establishment license has been granted by the City, and if all the requirements of this section have been met, an adult-oriented establishment shall be a permitted use as a conditional use in the I-2 Zoning District and shall be a prohibited use in any other zoning district.
(2)
Distance requirements.
(a)
Adult-oriented establishments shall be located at least 1,000
feet from:
[1]
Any playground lot line, or public park lot line;
[2]
Any place of religious worship, public or private school, or youth facility as defined in Chapter 240, Adult-Oriented Establishments, of the Code of the City of Lake Mills.
[3]
Any structure housing an establishment which holds an alcohol
beverage license.
(3)
Distance measurements:
(a)
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 a park, playground,
or the lot line of any structure listed under Subsection C(2)above.
(b)
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.
(c)
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.
(d)
For any adult-oriented establishment located above ground level
in a multistory 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).
