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S---:11,0.192(6).,410:194(2)(0.=:;---A (6), The conditional use permit may restrict the to adults only" and may include other pertinent . number and types of machinery and equipment the business information; and - - permit holder may be allowed to bring on the (g) There shall be no doors on any viewing premises. .booths and each booth must be lighted by,a source (7). Structures used in the business shall be emitting at least 10 candlepower at all times. . considered to be residential accessory buildings (4) Sub. (3)(e) shall not be construed to require a and shall meet all requirements for such buildings: . sign or to require any designation of the business The design and size of the structures is subject to as an adult book store, whether or not a sign is . conditions set forth in the conditional use permit. erected. (8) The conditional use permit shall [History: 10.193 cr., OA 16, 1993-94, pub. 12/27/93; (3)(d) automatically expire on sale of the property or the am.,OA 16,1996-97,pub.01/16/97.] business to an unrelated third party. [History:cr.,Sub.3 to OA 36, 1987-88,pub.08/02/88;Sub.3 to OA 36, 1987-88 invalidated by court order; cr. OA 9, 10.194 PROCEDURE AND STANDARDS FOR 1993-94,pub.04/20/94.] THE PLACEMENT, CONSTRUCTION OR MODIFICATION OF COMMUNICATION 10.193 STANDARDS FOR SITING OF ADULT TOWERS. This section provides the procedures BOOK STORE. (1) The County of Dane, relying and standards for issuance of conditional use upon the experience of other local governments in permits for the placement, construction or this state and throughout the country, finds that modification of communication towers as defined adult book stores have an adverse secondary effect in section 10.01(78m). on the surrounding community and that regulations (1) It is intended that conditional use permits are necessary to minimize this secondary effect. shall be issued under this section to accommodate The experience of other cities are summarized in the expansion of wireless communication the case of Northend Cinema, Inc. v. Seattle, 585 technology while minimizing the number of tower P. 2d 1153 (1978). sites through the requirement that permitted towers (2) This ordinance does not regulate the content be placed or constructed so that they may be of materials held for sale or rent in adult book utilized for the collocation of antenna arrays to the stores. extent technologically and economically feasible. (3) Adult book stores shall be established only (2) , , No conditional use permit for the placement by conditional use and shall ` meet all of the or construction of a tower shall be issued unless following requirements: the applicant presents to the committee credible (a) The.standards set forth in s. 10.255(2)(h); evidence establishing to a reasonable degree of (b) Location of any particular adult book store ,certainty the following: must be not less than 1,000 feet from any church, (a) No existing communication tower is located synagogue, temple, mosque or any other place of within the area in which the applicant's equipment worship, any residentially zoned district, park, must be located; or school, playground, day care center, public library (b) No existing communication tower within the and any other adult book store; . area in which the applicant's equipment must be (c) Exterior windows shall not be covered or located is of sufficient height to meet applicant's made opaque in any way; requirements and the deficiency in height cannot (d) No material referenced in paragraphs (a), (b) be remedied at a reasonable cost; or or (c) of s. 10.01(2m) shall be placed in any (c) No existing communication tower within the exterior window, provided that material which is area in which the applicant's equipment must be not so referenced may be placed in a window; located has sufficient structural strength to support (e) The business may have only one (1) applicant's equipment and the deficiency in nonflashing business sign which sign may only structural strength cannot be remedied at a indicate the name of the business and identify it as reasonable cost; or an adult book store and which shall be not larger than 4 feet by 4 feet; (f) A one square foot sign shall be placed on [continued on page 10-34A] each public entrance which shall state "Admittance Page 10-34 rev. 103197