A. 
This article adopts and incorporates herein the definitions related to sexually oriented businesses in the City of Weyauwega Sexually Oriented Businesses Ordinance.[1]
[1]
Editor's Note: See Ch. 175, Adult uses and Sexually Explicit Conduct.
B. 
Outdoor adult motion picture theater. A parcel of land where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown outdoors which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A. 
Location.
(1) 
Sexually oriented businesses are a conditional use in the I-1 District and I-2 District. Sexually oriented businesses are prohibited by omission in all other zoning districts.
(2) 
A sexually oriented business shall be located within 300 feet of a county trunk highway or a state trunk highway.
(3) 
No more than one sexually oriented business shall be located on any one parcel, or on abutting parcels under common ownership. Common ownership shall include any persons with an interest or stake in the entities listed as parcel owners by the Waupaca County Register of Deeds.
(4) 
A sexually oriented business shall be at least 2,500 feet from any other sexually oriented business. For purposes of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, objects, or political boundaries, from the closest exterior wall of the structure in which each business is located.
(5) 
The establishment, operation, maintenance, or substantial enlargement of a sexually oriented business is prohibited within:
(a) 
1,000 feet from any existing residential dwelling.
(b) 
1,000 feet from any land zoned R-1 District, R-2 District, R-3 District, R-4 District, R-5 District, or R-6 District,
(c) 
1,000 feet from any dwelling unit located in a nonresidential Zoning District.
(d) 
1,000 feet from any lands zoned PDD Overlay.
(e) 
1,000 feet from any lands zoned CCD Overlay.
(f) 
1,000 feet from a historic site identified on the National Register or as an adopted historic district by the City.
(g) 
1,000 feet from any public or private elementary or secondary school, vocational school, or licensed nursery school or day care center.
(h) 
1,000 feet from any public library.
(i) 
1,000 feet from a church, synagogue, mosque, temple, or building which is used primarily for religious worship or related religious activities.
(j) 
1,000 feet from a community center, public park, any public or private playground, parkway, and youth recreation area, including little league baseball fields, soccer fields, or other areas where children congregate.
(k) 
1,000 feet from any pedestrian trail, bicycle trail, hiking trail, skiing trail, snowshoeing trail, equestrian trail, or similar such recreational trail.
(l) 
1,000 feet from an entertainment business which is oriented primarily towards children or family entertainment.
(m) 
1,000 feet from a business with a liquor license issued by the City.
B. 
Measurement of distance. The distances provided in this section shall be measured in a straight line, without regard to intervening structures, buildings, or objects, from the closest point of the structure (or portion of the structure) occupied or proposed for occupancy by the sexually oriented business to the nearest point of the parcel of property or land use district boundary from which the proposed land use is to be separated. The presence of a city, town, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
C. 
Inventory required.
(1) 
Prior to submitting an application for conditional use permit, the owner of the sexually oriented business shall conduct an inventory of all land uses located within 1,000 feet of the parcel(s) proposed to host the sexually oriented business.
(2) 
Inventory shall include:
(a) 
All uses and structure as listed in Subsection A above.
(b) 
Confirmation of compliance with the City of Weyauwega Comprehensive Plan, City of Weyauwega Comprehensive Outdoor Recreation Plan, and any other applicable plans and studies.
(3) 
The inventory shall be submitted to the City with the application for conditional use permit.
Signs advertising any sexually oriented business shall be in accordance with Article IX, Sign Regulations, of this chapter with the following exceptions:
A. 
Pole signs, portable signs, and off-premises signs (billboards) are prohibited.
B. 
There shall be no flashing or traveling lights located outside, or visible from inside, the building.
C. 
The location of proposed signage shall be shown on the site plan as required by the § 530-134 of this article and submitted contemporaneously with the request for conditional use.
D. 
The height of the sign shall comply fully with the requirements of Article IX, Sign Regulations, but in no case shall exceed the height of the principal structure.
A. 
Adequate parking shall be provided in a lighted area in accordance with Article VI, Off-Street Parking Requirements, shall be shown on the site plan, and shall be submitted contemporaneously with the request for conditional use.
B. 
Sexually oriented business shall comply fully with the requirements of Article VII, site plan Design and review, unless the Plan Commission determines such requirements conflict with the requirements of this article.
C. 
Sexually oriented business shall comply fully with the requirements of Article VIII: Landscaping, unless the Plan Commission determines such requirements conflict with the requirements of this article.
D. 
The building shall have a determined safe fire limit for occupancy calculated by the Fire Department based upon the square footage and physical characteristics of the building. The occupancy limit shall be communicated to the patrons and employees by signs posted at the entrance and in the facility.
E. 
In addition to the exterior lighting requirements of this chapter downward directional lighting shall be provided to illuminate the entire exterior of the building. Lighting fixtures and illumination levels shall be shown on the site plan submitted along with the request for conditional use.
F. 
There shall be separate entrances for patrons and employees.
G. 
The sexually oriented business may not have flashing lights, neon signs, or decorative lighting other than illumination of parking lots, walkways, and entrances.
H. 
The interior of the sexually oriented business shall not be visible from the exterior, including at times when the doors are open.
I. 
All windows of a sexually oriented business shall comply with the following design standards:
(1) 
Exterior windows shall not be covered or made opaque in any way.
(2) 
No material which references or depicts specified anatomical areas or specified sexual acts shall be displayed in any exterior window.
(3) 
There shall be no display windows on the premises.
J. 
Waste receptacles shall be located near the entrances to the building to discourage littering on the premises.
K. 
The building shall be sound insulated so that sound levels may be contained to the following levels of sound audible at the property line of the premises:
(1) 
Shall not exceed 70 decibels from 12:00 noon to 10:00 p.m.
(2) 
Shall not exceed 60 decibels from 10:00 p.m. to 12:00 noon.