[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
For the purpose of this chapter, the Village of Sullivan is
hereby divided into the following zoning districts:
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R-1 Single-Family Residential District
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R-2 Single-Family Residential District (Medium-Density)
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R-3 Two-Family Residential District
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R-4 Multiple-Family Residential District
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R-6 Residential Estate District
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C-1 Conservancy District
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B-1 General Commercial District
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B-2 Highway Commercial District
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B-3 Business Park District
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I-1 Industrial District
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A-1 Agricultural District
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PF Public Facilities District
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PUD Planned Unit Development Overlay District
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WP Wellhead Protection Overlay District
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AEO Adult Entertainment Overlay District
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A.
Zoning Map. The boundaries of the districts enumerated in § 485-14 above are hereby established as shown on a map entitled "Zoning Map, Village of Sullivan, Wisconsin," as amended, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk-Treasurer and shall be available to the public in the office of the Village Clerk-Treasurer.
B.
Boundary lines. The boundaries shall be construed to follow corporate
limits; U.S. Public Land Survey lines; lot or property lines; center
lines of streets, highways, alleys, easements and railroad rights-of-way;
or such lines extended, unless otherwise noted on the Zoning Map.
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be lot lines,
and where the designations on the Zoning Map are approximately bounded
by lot lines, such lot line shall be construed to be the boundary
of the district.
C.
Vacation. Vacation of public streets and alleys shall cause the land
vacated to be automatically placed in the same district as the abutting
side to which the vacated land reverts.
D.
Annexations and consolidations. Annexations to or consolidations
with the Village subsequent to the effective date of this chapter
shall be placed in the R-1 Residential District unless the annexation
ordinance temporarily placed the land in another district.
E.
Rules for interpretation of district boundaries. Where uncertainty
exists as to the boundaries of districts as shown on the Zoning Map,
the following rules shall apply:
(1)
Boundaries indicated as approximately following the center lines
of streets, highways or alleys shall be construed to follow such center
lines.
(2)
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following Village boundaries
shall be construed as following municipal boundaries.
(4)
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
(5)
Boundaries indicated as following shorelines shall be construed to
follow such shorelines and, in the event of change in the shoreline,
shall be construed as moving with the actual shoreline; boundaries
indicated as approximately following the center lines of streams,
rivers, canals, lakes or other bodies of water shall be construed
to follow such center lines.
(6)
Boundaries indicated as parallel to or extensions of features indicated
in the preceding shall be so construed. Distances not specifically
indicated on the Zoning Map shall be determined by the scale of the
map.
A.
Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of primarily single-family detached
dwelling units.
B.
Permitted uses. The following uses of land are permitted in the R-1
District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Single-family detached dwellings, served by public sewer, excluding
all mobile homes; for purposes of this chapter, manufactured homes
are included in the definition of single-family dwelling.
(2)
Structures and uses accessory to single-family dwellings.
(3)
One-family dwellings.
(4)
Churches, public and parochial schools, public libraries and similar
public or semipublic buildings.
(5)
Public parks and recreation areas.
(6)
One private garage with not more than three stalls for each residential parcel, per § 485-82 specifications; such garage shall not be used in the conduct of any business, and no garage or other structure not designed for human habitation shall be used for living quarters.
(7)
Accessory uses and buildings as follows:
(8)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(10)
The keeping of usual household pets, but not the operation of
commercial kennels or hutches.
(11)
Announcement signs or bulletin boards not over 12 square feet
in area when located on the premises of the public or religious institution
for its own use; signs not over four feet in area pertaining to the
lease, hire or sale of a building or premises; no other advertising
sign of any character shall be permitted in the R-1 Single-Family
Residence District; all permitted signs shall be located within the
lot lines at least 15 feet from the inside sidewalk line.
C.
Area, height and yard requirements.
(2)
Building height: maximum 35 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(3)
Building area.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(a)
One-story residence. No residence shall hereafter be constructed
that has less than 1,400 square feet of living space for a one-story
house with or without a basement.
(b)
One-and-one-half, two- (or more) story residence. No residence
shall hereafter be constructed which has less than 1,200 square feet
of first floor living area. If the dwelling is constructed without
a full basement, the minimum first floor living area shall be increased
200 square feet.
A.
Purpose. The purpose of the R-2 District is to provide the opportunity
for construction and maintenance of primarily single-family detached
dwelling units at a medium dwelling unit per acre density. It particularly
reflects older neighborhoods in the Village.
B.
Permitted uses. The following uses of land are permitted in the R-2
District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Single-family detached dwellings served by public sewer, excluding
all mobile homes; for purposes of this chapter, "manufactured homes"
are included in the definition of single-family dwelling.
(2)
One private garage with not more than three stalls for each residential parcel, per § 485-82 specifications.
(3)
(4)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(6)
Family day care limited to eight children. Family day care homes
shall be subject to state licensing requirements.
(7)
Uses customarily incident to any of the above uses, provided that
no such use generates traffic or noise that would create public or
private nuisance.
C.
Conditional uses. The following are permitted as conditional uses
within the R-2 District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(2)
Utilities (electric substations, telephone switching stations, gas
regulators, etc.).
(4)
Churches and public buildings, except public buildings housing uses
incompatible with the characteristics of the district, such as sewage
systems, incinerators and shops.
(5)
Public utility structures, except those incompatible with the characteristics
of the district.
(6)
Planned residential developments.
(7)
Nursery schools.
D.
Area, height and yard requirements.
(2)
Building height: maximum 35 feet.
E.
Basements. All residences in this district shall have basements.
A.
Purpose. The purpose of the R-3 District is to provide the opportunity
for construction and maintenance of primarily two-family dwelling
units, particularly in new subdivisions and growth areas.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Permitted uses. The following uses of land are permitted in the R-3
District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Two-family dwellings (duplex); zero-lot line divided duplexes are
not permitted.
(2)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(3)
Home occupations and professional home offices.
(4)
Uses customarily incident to any of the above uses, provided that
no such use generates traffic or noise that would create public or
private nuisance.
C.
Conditional uses. The following are conditional uses in the R-2 District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Parks and playgrounds.
(2)
Planned residential developments.
(3)
Retirement homes.
(4)
Utilities.
(5)
Schools and churches.
(6)
Government, cultural and public buildings or uses such as fire and
police stations, community centers, libraries, public emergency shelters
and museums.
(7)
Single-family homes.
(8)
Family day care, limited to eight children. Family day care homes
shall be subject to state licensing requirements.
A.
Purpose. The purpose of the R-4 District is to provide the opportunity
for construction and maintenance of multiple-family dwelling units
at varying dwelling units per acre densities.
B.
Permitted uses. The following uses of land are permitted in the R-4
District:
C.
Conditional uses. The following are conditional uses in the R-4 District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Parks and playgrounds.
(2)
Planned residential developments.
(3)
Golf courses and private clubs.
(4)
Utilities.
(5)
Schools and churches.
(6)
Government, cultural, and public uses such as fire and police stations,
community centers, libraries, public emergency shelters and museums.
(7)
Retirement homes.
A.
Purpose. The R-6 Residential Estate District is intended to provide
for a single-family residential countryside estate development, at
densities not to exceed one dwelling unit per gross two or more acres,
typically served by municipal sewer facilities. This district is for
executive/estate type large lots of a rural or estate character.
B.
Permitted uses. The following uses are permitted in the R-6 District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Single-family detached dwellings, excluding all mobile homes; for
purposes of this chapter "manufactured homes" are included in the
definition of single-family dwelling.
(2)
Community living arrangements which have a capacity for eight or
fewer persons subject to the limitations set forth in § 62.23(7)(i),
Wis. Stats.
(3)
Essential services.
C.
Conditional uses. The following uses are conditional in the R-6 District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
Principal structure: area, height and yard requirements.
(1)
E.
Accessory uses and buildings standards. The following are standards
for accessory buildings and uses in the R-6 District:
(1)
Maximum number of accessory buildings allowed: four.
(2)
Maximum size of allowed accessory buildings combined; property of
two acres or larger: 3% of property size, up to 15,000 feet.
(3)
Building height: maximum 30 feet. Must be proportionate to the size
of the accessory building and not exceed the steepest pitch of the
principal structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(4)
Side setback: 20 feet.
(5)
Rear setback: 20 feet.
(6)
Setback from buildings. Accessory buildings shall be located a minimum
of 10 feet from any other building.
F.
Other development standards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Livestock, such as, but not limited to, cattle, swine, horses, ponies,
poultry and other fowl, may only be allowed in the R-6 District following
issuance of a conditional use permit after public hearing. As a general
policy guideline, the R-6 District is not intended to be used for
intensive raising or boarding of livestock or fowl. A conditional
use permit for livestock or fowl may only be issued if such use is
compatible with the neighborhood.
A.
Purpose. The purpose of the C-1 Conservancy District is to preserve,
protect, and maintain the natural environment and character of areas
exhibiting significant natural resource features which contribute
to the productive, recreational, or aesthetic value of the community.
The following uses of land are permitted in the C-1 District:
B.
Permitted uses.
(1)
Farming and related agricultural uses when conducted in accordance
with conservation standards.
(2)
Forest and game management.
(3)
Hunting, fishing and hiking.
(4)
Parks and recreation areas; arboreta; botanical gardens; greenways.
(5)
Stables.
(6)
Utilities.
(7)
Nonresidential buildings used solely in conjunction with the raising
of water, fowl or fish.
(8)
Harvesting of wild crops.
(9)
Recreation-related structures not requiring basements.
C.
Conditional uses.
(1)
Animal hospitals, shelters and kennels.
(2)
Archery and firearm ranges, sports fields and skating rinks.
(3)
Land restoration, flowage, ponds.
(4)
Golf courses and clubs.
(5)
Ski hills and trails.
(6)
Yacht clubs and marinas.
(7)
Recreation camps.
(8)
Public and private campgrounds.
(9)
Riding stables.
(10)
Planned residential developments.
(11)
Sewage disposal plants.
(12)
Governmental, cultural and public buildings or uses.
(13)
Utilities.
(14)
Hunting and fishing clubs.
(15)
Professional home offices.
(16)
Farm structures.
A.
Purpose. The B-1 District is intended to provide an area for the
business, financial, professional, and commercial needs of the community,
especially those which can be most suitably located in a compact and
centrally located business district.
B.
Permitted uses. The following uses of land are permitted in the B-1
District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Paint, glass and wallpaper stores.
(2)
Hardware stores.
(3)
Department stores, variety stores, general merchandise stores.
(4)
General grocery stores, supermarkets, fruit and vegetable stores,
delicatessens, meat and fish stores and miscellaneous food stores.
(5)
Candy, nut or confectionery stores.
(6)
Dairy products stores, including ice cream stores.
(7)
Retail bakeries, including those which produce some or all of the
products sold on the premises, but not including establishments which
manufacture bakery products primarily for sale through outlets located
elsewhere or through home service delivery.
(8)
Clothing and shoe stores.
(9)
Furniture, home furnishings, floor covering and upholstery shops/stores.
(10)
Restaurants.
(11)
Taverns, bars and other drinking places with permit by Village
Board.
(12)
Drugstores and pharmacies.
(13)
Liquor stores.
(14)
Antique stores and secondhand stores.
(15)
Sporting goods stores and bicycle shops.
(16)
Bookstores, not including adult books.
(17)
Stationery stores.
(18)
Gift, novelty and souvenir shops.
(19)
Florist shops.
(20)
Tobacco and smokers' supplies stores.
(21)
Banks and other financial institutions.
(22)
Offices of insurance companies, agents, brokers and service
representatives.
(23)
Offices of real estate agents, brokers, managers and title companies.
(24)
Miscellaneous business offices.
(25)
Heating and plumbing supplies (provided all material storage
is inside a building).
(26)
Retail laundry and dry-cleaning outlets, including coin-operated
laundries and dry-cleaning establishments, commonly called "laundromats"
and "launderettes."
(27)
Photographic studios and commercial photography establishments.
(28)
Barbershops, beauty shops and hairdressers.
(29)
Trade and contractor's offices (office only).
(30)
Advertising agencies, consumer credit reporting, news agencies,
employment agencies.
(31)
Duplicating, blueprinting, photocopying, addressing, mailing,
mailing list and stenographic services; small print shops.
(33)
Motion-picture theaters, not including drive-in theaters.
(34)
Miscellaneous retail stores.
(35)
Offices/clinics of physicians and surgeons, dentists and dental
surgeons, osteopathic physicians, optometrists and chiropractors,
but not veterinarian's offices.
(36)
Law offices.
(37)
The offices, meeting places, churches, and premises of professional
membership associations; civic, social, and fraternal associations;
business associations, labor unions and similar labor organizations;
political organizations; religious organizations; charitable organizations;
or other nonprofit membership organizations.
(38)
Engineering and architectural firms or consultants.
(39)
Accounting, auditing and bookkeeping firms or services.
(40)
Professional, scientific, or educational firms, agencies, offices,
or services, but not research laboratories or manufacturing operations.
(41)
The offices of governmental agencies and post offices.
(42)
Public transportation passenger stations, taxicab company offices,
taxicab stands, but not vehicle storage lots or garages.
(43)
Day-care centers, public and private schools.
C.
Conditional uses. The following are permitted as conditional uses
in the B-1 District, provided that no nuisance shall be afforded to
the public through noise, the discharge of exhaust gases from motor-driven
equipment, unpleasant odors, smoke, steam, harmful vapors, obnoxious
materials, unsightly conditions, obstruction of passage on the public
street or sidewalk, or other conditions generally regarded as nuisances
and, provided that where operations necessary or incident to the proper
performance of these services or occupations would tend to afford
such nuisances, areas, facilities, barriers, or other devices shall
be provided in such a manner that the public is effectively protected
from any and all such nuisances. These uses shall be subject to the
consideration of the Village Board with regard to such matters.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Establishments engaged in the publishing and printing of newspapers,
periodicals or books.
(2)
Dwelling units, provided that no dwelling shall be permitted below
the second floor and business uses are not permitted on any floor
above the ground floor, except in those buildings or structures where
dwelling units are not established.
(3)
Farm supplies, wholesale trade.
(4)
Establishments engaged in the retail sale of automobiles, trailers,
mobile homes, or campers.
(5)
Stores for the sale and installation of tires, batteries, mufflers
or other automotive accessories.
(6)
Gasoline service stations; provided, further, that all gasoline pumps,
storage tanks and accessory equipment must be located at least 30
feet from any existing or officially proposed street line.
(7)
Establishments engaged in daily or extended-term rental or leasing
of passenger automobiles, limousines or trucks without drivers, or
of truck trailers or utility trailers.
(8)
Establishments for the washing, cleaning or polishing of automobiles,
including self-service car washes.
(9)
Hotels, motor hotels, motels, tourist courts, tourist rooms, etc.
(10)
Farm implement sales.
(11)
Mini-warehouses/warehouses.
(12)
Outdoor sports facilities or beer gardens at licensed premises (see § 138-19 of the Village Code).
(13)
Animal hospitals; pet shops (excluding kennels).
(14)
Undertaking establishments.
(15)
Beer gardens.
(16)
Commercial parking lots, parking garages, parking structures.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 60 feet.
(2)
Lot area: minimum 6,000 square feet.
(3)
Principal building.
(b)
Side yard: minimum 15 feet if side yard is necessary to be compatible
with neighborhood; otherwise none.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(c)
Rear Yard: minimum 25 feet if rear yard is necessary to be compatible
with the neighborhood; otherwise none.
(d)
Preexisting structures may be nonconforming. In blocks in the business
districts which are already developed, the dimensional requirements
of this chapter can be modified if, in the opinion of the Board of
Appeals, such action would be in keeping with the purpose of this
chapter, where a practical difficulty or hardship would result from
a literal enforcement of the requirements.
(4)
Building height: maximum 45 feet.
(5)
Percent of lot coverage: maximum 75%.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(6)
Alley setback: minimum 15 feet.
E.
Other development regulations.
(1)
A site development plan, prepared in accordance with § 485-92, shall be submitted before a permit can be granted for any expanded or all new use in this district.
(2)
No outdoor storage of any material shall be permitted in this district,
except within enclosed containers or properly screened, as determined
by the Village Board.
(3)
No lighting shall be permitted which would glare from this district
onto any street right-of-way or onto any adjacent property.
A.
Purpose. The B-2 Highway Commercial District is intended to provide
for the orderly and attractive grouping at appropriate locations along
principal highway routes of those businesses and customer services
which are logically related to and dependent upon highway traffic
or which are specifically designated to serve the needs of such traffic.
B.
Permitted uses. Except as provided below, uses within this district are conditional, requiring a public hearing and consideration of specific site factors and impacts on surrounding land uses; all conditional uses must be approved in accordance with the procedures established in Article IV.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
Conditional uses. The following are specific conditional uses in
this chapter:
(1)
Amusement activities.
(2)
Automobile and truck retail services.
(3)
Automobile repair and fuel services.
(4)
Bars and taverns.
(5)
Candy, nut and confectionery sales.
(6)
Gasoline service stations.
(7)
Gift, novelty and souvenir sales.
(8)
Hotels, motels and tourist courts.
(9)
Night clubs and dance halls.
(10)
Restaurants.
(11)
Sales, service and installation of tires, batteries and accessories.
(12)
Residential dwelling units.
(13)
Animal hospital, shelters and kennels.
(14)
Clinics.
(15)
Public assembly uses.
(16)
Commercial recreation facilities.
(17)
Off-season storage facilities.
(18)
Lodges and fraternal buildings.
(19)
Nursing homes.
(20)
Nursery and day-care centers.
(21)
Retirement homes.
(22)
Drive-in food and beverage establishments.
(23)
Drive-in banks.
(24)
Drive-in theaters.
(25)
Vehicle sales and service.
(26)
Public parking lots.
(27)
Taxi stands.
(28)
Sewage disposal plants.
(29)
Governmental, cultural, and public buildings or uses, such as
fire and police stations, community centers, libraries, public emergency
shelters, parks, playgrounds and museums.
(30)
Utilities.
(31)
Schools and churches.
(32)
Mobile home sales.
(33)
Log stacks are a conditional accessory use in the B-2 District,
provided that they are located a minimum of 60 from the center of
adjacent public road rights-of-way.
(34)
Farm implement sales.
(35)
Outdoor sports facilities or beer gardens at licensed premises (see § 138-19 of the Village Code).
(36)
Siting and construction of any new mobile support structure and/or facility or a Class 1 co-location of a new mobile service facility on an existing support structure, per § 485-81.
(38)
Other uses similar to or customarily incidental to any of the
above uses.
D.
Area, height and yard requirements.
A.
Purpose. The B-3 Business Park District is established to provide
an aesthetically attractive working environment exclusively for and
conducive to the development and protection of offices, nonnuisance
type manufacturing operations and research and development institutions.
The essential purpose of this district is to achieve development which
is an asset to the owners, neighbors and the Village, and to promote
and maintain desirable economic development in a dedicated business
park setting.
B.
Permitted uses. The following uses of land are permitted in the B-3
District:
(1)
State-classified manufacturing operations.
(2)
Warehousing or distribution operations, not including predominantly
retail sales to customers on-site.
(3)
Offices of construction firms, shops, display rooms and enclosed
storage.
(4)
Laboratories, research, development and testing, and manufacturing
and fabrication in conjunction with such research and development
and operations.
(5)
Service uses, including computer and data processing services, miscellaneous
business services, offices (business and professional) and communication
services.
(6)
Telecommunication facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
Conditional uses. The following are permitted as conditional uses
within the B-3 District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
Lot, yard and building requirements. (NOTE: Requirements may be modified
by conditional use permit.)
(1)
Lot frontage: minimum 100 feet.
(2)
Lot area: minimum 21,780 square feet.
(3)
Front yard: minimum 50 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(4)
Side yard: minimum 15 feet.
(5)
Rear yard: minimum 30 feet.
(6)
Building height: maximum 40 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
E.
Other requirements. Uses permitted and conditional in the B-3 District
are subject to the following requirements:
(1)
No building or improvement shall be erected, placed or altered on
any lands in the B-3 District until the plans for such building or
improvement, including site, landscaping and building plan and specifications,
have been approved by the Village Board. The Village Board shall review
and approve, approve conditionally or disapprove such plans with respect
to conformity with deed restrictions and protective covenants placed
on the land in the B-3 District. The deed restrictions and protective
covenants must be approved by the Village Board. The approved deed
restrictions and protective covenants must be recorded on the land
prior to rezoning to the B-3 District.
(2)
Design standards in the B-3 District shall include as a minimum the
following standards:
(a)
All uses shall comply with Village performance standards for
air pollution, fire and explosive hazards, glare and heat, liquid
or solid wastes, noise and vibration, odors, radioactivity and electrical
disturbances and refuse.
(b)
All business, servicing or processing, except off-street parking
and loading and outside storage areas regulated by restrictive covenants,
shall be conducted within completely enclosed buildings.
(c)
The building coverage shall not exceed 55% nor be less than
25%.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(d)
All areas not covered by buildings or parking lots shall be
landscaped subject to detailed requirements of restrictive covenants.
(e)
All zoning lots abutting residentially zoned districts shall
be screened.
A.
Purpose. The I-1 District is intended to provide an area for manufacturing,
industrial and agribusiness activities not located in a planned B-3
Business Park setting. It is also intended to provide an area for
a variety of uses which require relatively large installations, facilities
or land areas, or which would create or tend to create conditions
of public or private nuisance, hazard, or other undesirable conditions,
or which for these or other reasons may require special safeguards,
equipment, processes, barriers, or other forms of protection, including
spatial distance, in order to reduce, eliminate, or shield the public
from such conditions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Permitted uses. Except as specified below, no uses are permitted as a matter of right within the I-1 District. All uses within this district are conditional, requiring a public hearing and consideration of specific site factors and impacts on surrounding land uses; all conditional uses must be approved in accordance with the procedures established in Article IV.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
Conditional uses. The following are permitted as conditional uses
within the I-1 District. Such use shall be subject to the consideration
of the Village Board and Plan Commission with regard to such matters
as the creation of nuisance conditions for the public or for the users
of nearby areas, the creation of traffic hazards, the creation of
health hazards, or other factors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Manufacturing establishments, usually described as "factories," "mills"
or "plants," in which raw materials are transformed into finished
products, and establishments engaged in assembling component parts
of manufactured products.
(2)
Other industrial or commercial activities which possess the special
problem characteristics described above relating to the creation of
hazards or nuisance conditions.
(3)
The outdoor storage of industrial products, machinery, equipment,
or other materials, provided that such storage be enclosed by a suitable
fence or other manner of screening.
(4)
Railroads, including rights-of-way, railroad yards, and structures
normally incident to the operation of railroads, including station
houses, platforms, and signal towers, but not including warehouses
owned by companies other than railroad companies or road terminal
companies.
(5)
Wholesale establishments and warehouses.
(6)
Building construction contractors.
(7)
Highway passenger and motor freight transportation.
(8)
Light industry and service uses.
(a)
Automotive body repair.
(b)
Automotive upholstery.
(c)
Cleaning, pressing, dyeing.
(d)
Commercial bakeries.
(e)
Commercial greenhouses.
(f)
Distributors.
(g)
Food locker plants.
(h)
Printing and publishing.
(i)
Trade and contractor's facilities.
(j)
Offices.
(k)
Painting services.
(l)
Retail sales and service facilities such as retail and surplus
outlet stores, and restaurants and food service facilities when established
in conjunction with a permitted manufacturing or processing facility.
(m)
Recreation vehicle, boat and miscellaneous storage.
(10)
Agriculture-related industry and service uses.
(a)
Production of natural and processed cheese.
(b)
Production of shortening, table oils, margarine and other edible
fats and oils.
(c)
Production of condensed and evaporated milk.
(d)
Production of creamery butter.
(e)
Drying and dehydrating fruits and vegetables.
(f)
Preparation of feeds for animal and fowl.
(g)
Creameries and dairies.
(h)
Production of flour and other grain mill products; blending
and preparing of flour.
(i)
Fluid milk processing.
(j)
Production of frozen fruits, fruit juices, vegetables and other
specialties.
(k)
Fruit and vegetable sauces and seasonings and salad dressing
preparation.
(l)
Poultry and small game dressing and packing, providing that
all operations be conducted within an enclosed building.
(m)
Production of sausages and other meat products, providing that
all operations be conducted within an enclosed building.
(n)
Grist mill services.
(o)
Horticultural services.
(p)
Canning of fruits, vegetables, preserves, jams and jellies.
(q)
Canning of specialty foods.
(r)
Grain elevators and bulk storage of feed grains.
(s)
Fertilizer production, sales, storage, mixing and blending.
(t)
Sales or maintenance of farm implements and related equipment.
(u)
Animal hospitals, shelters and kennels.
(v)
Veterinarian services.
(w)
Sawmills.
D.
Prohibited uses.
(1)
Specifically excluded from this designation and expressly prohibited
is any use or business which is dangerous or which would create a
public nuisance.
(2)
All residential uses are expressly prohibited.
(3)
Also specifically excluded and expressly prohibited is any use or
business involving the wrecking of automobiles, junkyards, scrapyards,
garbage removal or the slaughter of animals or poultry.
E.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 75 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
Lot area: minimum 15,000 square feet.
(3)
Front yard: minimum 50 feet.
(5)
Rear yard: minimum 25 feet. [See Subsection E(8).]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(6)
Building height: maximum 60 feet.
(7)
Percentage of lot coverage: maximum 70%.
(8)
Required
buffer strips in industrial districts. Where an industrial district
abuts a residential district, there shall be provided along any rear,
side or front line, coincidental with any industrial-residential boundary,
a buffer strip not less than 40 feet in width as measured at right
angles to said lot line. Plant materials at least six feet in height
of such variety and growth habits as to provide a year-round, effective
visual screen when viewed from the residential district shall be planted
in the exterior 25 feet abutting the residential district. If the
required planting screen is set back from the industrial-residential
boundary, the portion of the buffer strip facing the residential district
shall be attractively maintained. Fencing may be used in lieu of planting
materials to provide said screening. The fencing shall be not less
than four nor more than eight feet in height, and shall be of such
materials as to effectively screen the industrial area. The exterior
25 feet of the buffer strip shall not be devoted to the parking of
vehicles or storage of any material or accessory uses. The interior
15 feet may de devoted to parking of vehicles.
A.
Intent.
(1)
Purpose. The PUD Planned Unit Development Overlay District is intended
to permit developments that will, over a period of time, be enhanced
by coordinated area site planning, diversified location of structures
and/or mixing of compatible uses. Such developments are intended to
provide a safe and efficient system for pedestrian and vehicle traffic;
to provide attractive recreation and open spaces as integral parts
of the developments; to enable economic design in the location of
public and private utilities and community facilities; and to ensure
adequate standards of construction and planning. The planned unit
development under this section will allow for flexibility of overall
development design with benefits from such design flexibility intended
to be derived by both the developer and the community, while at the
same time maintaining insofar as possible the land use density and
other standards or use requirements as set forth in the underlying
basic zoning district.
(2)
Condominiums. The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Ch. 703, Wis. Stats., ("Condominiums") may be permitted by the Village upon specific petition under Subsection H of this section and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section have been met.
B.
Types of planned unit developments. This section contemplates that
there may be residential, commercial, industrial planned unit developments
and mixed compatible use developments.
C.
General requirements for planned unit developments. A planned unit
development shall be consistent in all respects to the expressed intent
of this section and to the spirit and intent of this chapter; shall
be in conformity with the adopted Master Plan (Comprehensive Land
Use and Thoroughfare Plan), neighborhood plan or any adopted component
thereof; and shall not be contrary to the general welfare and economic
prosperity of the community.
D.
Physical requirements for planned unit developments.
(1)
Minimum area requirements. Areas designated as planned unit developments
shall contain a minimum development area as follows:
|
Principal Uses
|
Minimum Area of PUD
(acres)
|
|---|---|
|
Residential PUD
|
2
|
|
Commercial PUD
|
3
|
|
Industrial PUD
|
5
|
|
Mixed compatible use
|
5
|
(2)
Density requirements (lot area, width and yard requirements). The
district area, width and yard requirements of the basic use district
may be modified; however, in no case shall the average density in
a residential district exceed the number of dwelling units that would
have been permitted if the planned unit development regulations had
not been utilized.
(4)
Single parcel, lot or tract. At the time of filing, the planned unit
development shall be considered as one tract, lot or parcel, and the
legal description must define said PUD as a single parcel, lot or
tract.
E.
Requirements as to public services and facilities.
(1)
Drainage. The development site shall be provided with adequate drainage
facilities for surface waters and stormwaters.
(2)
Streets. The site will be accessible from public roads that are adequate
to carry the traffic that can be expected to be generated by the development.
The streets and driveways on the site of the development shall be
adequate to serve the residents of the development and, in the case
of public dedicated streets, will meet the minimum standards of all
applicable ordinances or administrative regulations of the Village.
(3)
Public services. No undue constraint or burden shall be imposed on
public services and facilities, such as fire and police protection,
street maintenance, water, sanitary sewer and storm drainage, and
maintenance of public areas by the developments.
(4)
Water and sewer service. Public water and sewer facilities shall
be provided.
F.
Subsequent land division. The division of any land or lands within a planned unit development for the purpose of change or conveyance of ownership may be accomplished pursuant to Chapter 478, Subdivision of Land, of the Village Code, when such division is contemplated.
G.
Procedural requirements; intent. Subsections A through F set forth the basic philosophy and intent in providing for planned unit developments, the kinds thereof, the general requirements, physical requirements and requirements as to public services and facilities. The following subsections are intended to set forth the procedures and considerations involved leading to possible approval of such developments.
H.
Procedural requirements for planned unit developments.
(1)
Prepetition conference. Prior to the official submission of the petition
for the approval of a planned unit development overlay district, the
owner or his/her agent making such petition shall meet with the Plan
Commission or its staff to discuss the scope and proposed nature of
the contemplated development.
(2)
Petition for approval. Following the prepetition conference, the
owner or his/her agent may file a petition with the Village Clerk-Treasurer
for approval of a planned unit development. Such petition shall be
accompanied by a review fee per the current Village Fee Schedule[1] as well as incorporate the following information:
(a)
Informational statement. A statement which sets forth the relationship
of the proposed PUD to the Village's adopted Master Plan (Comprehensive
Land Use and Thoroughfare Plan), neighborhood plan, or any adopted
component thereof, and the general character of and the uses to be
included in the proposed PUD, including the following information:
[1]
Total area to be included in the PUD, area of open space, residential
density computations, proposed number of dwelling units, population
analysis, availability of or requirements for municipal services and
other similar data pertinent to a comprehensive evaluation of the
proposed development.
[2]
A general summary of the estimated value of structures and site
improvement costs, including landscaping and special features.
[3]
A general outline of the organizational structure of a property
owners' or management association, which may be proposed to be established
for the purpose of providing any necessary private services.
[4]
Any proposed departures from the standards of development as set forth in this chapter, Chapter 478, Subdivision of Land, other Village regulations or administrative rules, or other universal guidelines.
[5]
The expected date of commencement of physical development as
set forth in the proposal and also an outline of any development staging
which is planned.
(b)
A general development plan, including:
[1]
A legal description of the boundaries of the subject property
included in the proposed PUD and its relationship to surrounding properties.
[2]
The location of public and private roads, driveways, sidewalks
and parking facilities.
[3]
The size, arrangement and location of any individual building
sites and proposed building groups on each individual site.
[4]
The location of institutional, recreational and open space areas
and areas reserved or dedicated for public uses, including schools,
parks and drainageways.
[5]
The type, size and location of all structures.
[6]
General landscape treatment.
[7]
The existing and proposed location of public sanitary sewer,
water supply facilities and stormwater drainage facilities.
[8]
The existing and proposed location of all private utilities
or other easements.
[9]
Existing topography on the site with contours at no greater
than two-foot intervals.
[10]
Anticipated uses of adjoining lands in regard
to roads, surface water drainage and compatibility with existing adjacent
land uses.
[11]
If the development is to be staged, a staging
plan.
[12]
A plan showing how the entire development can
be further subdivided in the future.
(3)
Referral to Plan Commission. The petition for a planned unit development
overlay district shall be referred to the Plan Commission for its
review and recommendation, which recommendation shall include any
additional conditions or restrictions which the Plan Commission may
deem necessary or appropriate.
I.
Basis for approval of the petition for planned unit development.
(1)
Requirements. The Plan Commission or Village Board, in making a determination
approving a petition for planned unit development, shall find as follows:
(2)
Proposed construction schedule. The Plan Commission or Village Board,
in making their respective recommendation and determination, shall
consider the reasonableness of the proposed construction schedule
and any staging plan for the physical development of the proposed
PUD, commencement of the physical development within one year of approval
being deemed reasonable.
(3)
Residential PUD considerations. The Plan Commission or Village Board,
in making their respective recommendation and determination as to
a proposed residential planned unit development, shall further consider
whether:
(a)
Such development will create an attractive residential environment
of sustained desirability and economic stability, including structures
in relation to terrain, consideration of safe pedestrian flow, ready
access to recreation space and coordination with overall plans for
the community.
(b)
The total net residential density within the planned unit development
will be compatible with the Village Master Plan (Comprehensive Land
Use and Thoroughfare Plan), neighborhood plan, or components thereof,
and shall be compatible with the density of the district wherein located.
(c)
Structure types will be generally compatible with other structural
types permitted in the underlying basic use district. To this end,
structure type shall be limited as follows:
(d)
Provision has been made for the installation of adequate public
facilities and the continuing maintenance and operation of such facilities
if privately owned.
(e)
Provision has been made for adequate, continuing fire and police
protection.
(f)
The population density of the development will or will not have
an adverse effect upon the community's capacity to provide needed
school or other municipal service facilities.
(g)
Adequate guarantee is provided for permanent preservation of
open space areas as shown on the general development plan, as approved
either by private reservation and maintenance or by dedication to
the public.
(4)
Commercial PUD considerations. The Plan Commission and Village Board,
in making their respective recommendation and determination as to
a proposed commercial planned unit development, shall further consider
whether:
(a)
The economic practicality of the proposed development can be
justified.
(b)
The proposed development will be served by off-street parking
and truck service facilities in accordance with this chapter.
(c)
The proposed development shall be adequately provided with,
and shall not impose any undue burden on, public services and facilities
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(d)
The locations of entrances and exits have been designated to
prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets and that the development will not
create any adverse effect upon the general traffic pattern of the
surrounding neighborhood.
(e)
The architectural design, landscaping, control of lighting and
general site development will result in an attractive and harmonious
service area compatible with and not adversely affecting the property
values of the surrounding neighborhood.
(5)
Industrial PUD considerations. The Plan Commission and Village Board,
in making their respective recommendations and determination as to
a proposed industrial planned unit development, shall further consider
whether:
(a)
The operational character and physical plant arrangement of
buildings will be compatible with the latest in performance standards
and industrial development design and will not result in an adverse
effect upon the property values of the surrounding neighborhood.
(b)
The proposed development shall be adequately provided with,
and shall not impose any undue burden on, public services and facilities,
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(c)
The proposed development will include provision for off-street
parking and truck service areas in accordance with this chapter and
will be adequately served by easy-access rail and/or arterial highway
facilities.
(d)
The proposed development is properly related to the total transportation
system of the community and will not result in an adverse effect on
the safety and efficiency of the public streets.
(6)
Mixed-use PUD considerations. The Plan Commission and Village Board,
in making their respective recommendation and determination as to
a proposed mixed-use planned unit development, shall further consider
whether:
(a)
The proposed mixture of uses provides a unified composite which
is compatible with the zoning district and which, as a total development
entity, is compatible with the surrounding neighborhood.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(b)
The various types of uses conform to the general requirements,
as hereinbefore set forth, applicable to projects of such use and
character.
(c)
The proposed development shall be adequately provided with and
shall not impose any undue burden on public services and facilities,
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
J.
Determination of disposition of the petition.
(1)
General. The Village Board, following public hearing thereon and
after due consideration, shall either deny the petition, approve the
petition as submitted or approve the petition subject to any additional
conditions and restrictions the Village Board may impose.
(2)
Approval. The general and detailed approvals of a planned unit development
shall be based on and include, as conditions thereto, the building,
site and operational plans for the development as approved by the
Village Board.
(a)
General approval. The general development plan submitted with
the PUD application need not necessarily be completely detailed at
the time of petition, provided it is in sufficient detail to satisfy
the Village Board as to the general character, scope and appearance
of the proposed development. Such plan shall designate the pattern
of proposed streets and the size and arrangement of individual buildings
and building sites. The approval of such general development plan,
by way of approval of the petition, shall be conditioned upon the
subsequent submittal and approval of more specific and detailed plans
as each stage of development progresses.
(b)
Detailed approval. Detailed plans must be furnished to the Village
Board for its consideration and the detailed approval by the Village
Board of any part or stage of the proposed development shall be required
before construction of such part or stage of the development may be
commenced. Before plans submitted for detailed approval within the
corporate limits will be approved, the petitioner shall give satisfactory
proof that he has contracted to install all improvements or file a
performance bond insuring that such improvements will be installed
within the time required by the Village Board.
(3)
Changes and additions. Any subsequent substantial change or addition
to the plans or uses shall first be submitted for approval to the
Plan Commission and if, in the opinion of the Plan Commission, such
change or addition constitutes a substantial alteration of the original
plan, it shall make its recommendations to the Village Board and further
recommend additional public hearing, in which event the Village Board
shall schedule a notice of public hearing as for the original petition.
Following such public hearing, the Village Board shall deny, approve
or approve the same subject to any additional conditions and restrictions
it may impose.
A.
Purpose. The Village recognizes that consequences of certain land
use activities, whether intentional or accidental, can seriously impair
groundwater quality. The purpose of the WP Wellhead Protection Overlay
District is to protect municipal groundwater resources from certain
land use activities by imposing appropriate restrictions upon lands
located within the approximate groundwater recharge area of the Village's
municipal wells, when such wells are established. The restrictions
imposed herein are in addition to those of the underlying residential,
commercial or industrial zoning districts or any other provisions
of this chapter.
B.
Overlay zones. The Wellhead Protection Overlay District is hereby
divided into Zone A and Zone B, as follows:
(1)
Zone A is identified as the primary source of water for the municipal
well aquifer and as the area most likely to transmit groundwater contaminants
to the municipal wells. Zone A is more restrictive than Zone B.
(2)
Zone B is identified as a secondary source of water for the municipal
well aquifer and as an area where there is a lower probability of
surface contaminants reaching the municipal well fields. Zone B is
less restrictive than Zone A.
C.
Zone A prohibited uses. The following land uses are hereby found
to have a high potential to contaminate or have already caused groundwater
contamination problems in Wisconsin and elsewhere. The following principal
or accessory uses are hereby prohibited within Zone A of the Wellhead
Protection Overlay District:
(1)
Areas for dumping or disposing of garbage, refuse, trash or demolition
material.
(2)
Asphalt products manufacturing plants.
(3)
Automobile laundries.
(4)
Automobile service stations.
(5)
Building materials and products sales.
(6)
Cartage and express facilities.
(7)
Cemeteries.
(8)
Chemical storage, sale, processing or manufacturing plants.
(9)
Dry-cleaning establishments.
(10)
Electronic circuit assembly plants.
(11)
Electroplating plants.
(12)
Exterminating shops.
(13)
Fertilizer manufacturing or storage plants.
(14)
Foundries and forge plants.
(15)
Garages for repair and servicing of motor vehicles, including
body repair, painting or engine rebuilding.
(16)
Highway salt storage areas.
(17)
Industrial liquid waste storage areas.
(18)
Junkyards and auto graveyards.
(19)
Metal reduction and refinement plants.
(20)
Mining operations.
(21)
Motor and machinery service and assembly shops.
(22)
Motor freight terminals.
(23)
Paint products manufacturing.
(24)
Petroleum products storage or processing.
(25)
Photography studios, including the developing of film and pictures.
(26)
Plastics manufacturing.
(27)
Printing and publishing establishments.
(28)
Pulp and paper manufacturing.
(29)
Residential dwelling units on lots less than 15,000 square feet
in area. However, in any residence district, on a lot of record on
the effective date of this chapter, a single-family dwelling may be
established regardless of the size of the lot, provided all other
requirements of this chapter are complied with.
(30)
Septage disposal sites.
(31)
Sludge disposal sites.
(32)
Storage, manufacturing or disposal of toxic or hazardous materials.
(33)
Underground petroleum products storage tanks for industrial,
commercial, residential or other uses.
(34)
Woodworking and wood products manufacturing.
D.
Zone A conditional uses. The following conditional uses may be allowed in the Wellhead Protection Overlay District, subject to the provisions of Article IV:
A.
Authority.
(1)
The Village Board has authority, to be liberally construed in favor
of the Village, under its general police powers set forth in Ch. 61,
Wis. Stats., to act for the good order of the municipality and for
the health, morals, safety and welfare of the public, and may carry
out its powers by regulation and suppression; and
(2)
The Village Board recognizes it lacks authority to regulate obscenity
under § 66.0107(3), Wis. Stats., and does not intend by
adopting this section to regulate obscenity; since nudity in and of
itself is not obscene, it declares its intent to enact an ordinance
addressing the secondary effects of live, totally nude, nonobscene,
erotic dancing in bars and taverns; and
(3)
Adult establishments in other communities tended to further the increase
of criminal and other offensive activity, to disrupt the peace and
order of the communities, to depreciate the value of real property,
to harm the economic welfare of the communities and to negatively
affect the quality of life of the communities, and such secondary
effects are detrimental to the public health, safety and general welfare
of citizens; and
(4)
The Village Board recognizes the U.S. Supreme Court has held that
material with adult content is within the outer perimeters of the
First Amendment to the United States Constitution and therefore entitled
to some limited protection under the First Amendment, and the governing
body further recognizes that freedom of speech is among our most precious
and highly protected rights, and wishes to act consistently with full
protection of those rights; however
(5)
The Village Board is aware, based on the experiences of other communities,
that adult establishments may and do generate secondary effects which
the governing body believes are detrimental to the public health,
safety and welfare of the citizens of the Village of Sullivan; and
(6)
Among these secondary effects are:
(a)
The potential increase in prostitution and other sex-related
offenses, as well as other crimes and offenses;
(b)
The potential depreciation of property values in neighborhoods
where adult establishments featuring nude dancing exist;
(c)
Health risks associated with the spread of sexually transmitted
diseases; and
(d)
The potential for infiltration by organized crime for the purpose
of unlawful conduct.
(7)
The Village Board desires to minimize, prevent and control these
adverse effects and thereby protect the health, safety and general
welfare of the citizens of the Village of Sullivan; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight; and
(8)
The Village Board has determined that the enactment of a zoning ordinance
provision allowing adult establishments viable areas in which to exist
within the Village while keeping those adult establishments separated
from each other, residential areas, schools, churches, day-care centers,
or bars or taverns promotes the goal of minimizing, preventing and
controlling the negative secondary effects associated with such adult
establishments.
B.
Purpose. The purpose of the AEO Adult Entertainment Overlay District
is to create an overlay zoning district whereby adult establishments
are sufficiently separated from each other and conflicting uses so
as to ameliorate the negative secondary effects of adult uses while
providing adult establishments sufficient area and opportunity to
operate within the Village so as not to suppress their existence.
C.
ADULT BOOKSTORE
ADULT ENTERTAINMENT
ADULT ESTABLISHMENT
ADULT MOTION-PICTURE THEATER
ADULT NOVELTY STORE
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
SUBSTANTIAL
Definitions. For purposes of this district, the following definitions
shall be applicable:
An establishment which, as its substantial course of conduct,
presents adult entertainment for observation by patrons therein, or
which, as part of its substantial course of conduct, offers for sale,
rent, trade, lease, inspection or viewing books, films, videocassettes,
magazines or other such media, which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
specified anatomical areas or specified sexual activities.
Any exhibition of any motion picture, live performance, display
or dance of any type which has as a significant or substantial portion
of such performance, or is distinguished or characterized by an emphasis
on, any actual or simulated performance of specified sexual activities
or exhibition and viewing of specified anatomical areas.
Includes adult bookstores, adult motion-picture theaters,
adult novelty stores, and further means any premises to which public
patrons or members are invited or admitted that is substantially devoted
to the purveyance, demonstration or display of specified sexual activities
or specified anatomical areas.
Any establishment for the presentation of motion pictures
that has 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 for observation by
patrons therein.
Any establishment which as its substantial course of conduct
offers for sale, rent, trade, lease, inspection or viewing any adult
novelty items, sex toys, sexual gratification appliances, or other
similar products, excluding contraceptives or similar products of
medical value, that are distinguished or characterized by their emphasis
on matters depicting, describing or relating to specified anatomical
areas or specified sexual activities.
Either:
Simulated or actual:
Showing of human genitals in a state of sexual stimulation or
arousal; or
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or
Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts.
Forty percent or more of business stock-in-trade, display
space, floor space or retail sales in any one month. Upon reasonable
belief that an entity is in excess of the 40% threshold, that entity
shall provide all necessary records, receipts and documentation to
the Village upon request. Failure to do so shall result in a presumption
that the entity is operating in excess of the threshold.
D.
Location.
(1)
No adult establishment shall be located:
(a)
Within any zoning district other than general commercial, limited
commercial, highway commercial, industrial, and heavy industrial.
(b)
Not less than 250 feet from an existing adult establishment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(c)
Within 250 feet of any dwelling as defined by this chapter.
(d)
Within 250 feet of any preexisting school, church or day care,
as defined in this chapter.
(e)
Within 250 feet of any preexisting establishment licensed to
sell or dispense fermented malt beverages or intoxicating liquor.
(2)
For purposes of this district, distances are to be measured in a
straight line, without regard to intervening structures or objects,
from the property line of the adult establishment, to the nearest
property line of another establishment, dwelling, school, church,
day care or establishment selling or dispensing fermented malt beverages
or intoxicating liquor.
E.
Hours of operation.
(1)
No adult establishment shall be open between the hours of 2:00 a.m.
and 8:00 a.m., Monday through Friday, between the hours of 2:30 a.m.
and 8:00 a.m. on Saturdays, or between the hours of 2:30 a.m. and
12:00 noon on Sundays.
