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bins, silos and towers shall not be subject to this (d) Because of the potential for negative limitation. impacts on property values, the peace and good (4) Setback requirements. Setback from front order of the community and the welfare of lot line or highway right-of-way shall comply with individuals affected by adult entertainment the provisions of section 10.17. establishments, it is necessary to minimize the (5) Side yard requirements. For business or secondary effects of adult entertainment and commercial buildings no side yards shall be assure that such establishments are not located required for interior lots; provided, however, that in places which pose unacceptable conflicts with if a business or commercial building is built on a existing or planned land uses; lot adjacent to a lot or parcel zoned residential, (e) It is the intent of this section to protect the . then that business or commercial building shall health, safety and welfare of the citizens of Dane provide a side yard equal to that which is County and to further preserve the quality of required for the building on the adjacent lot. family life and to preserve the urban and rural (6) Rear yard requirements. For business and characteristics of its neighborhoods. The intent commercial buildings, the minimum depth of any of the Adult Entertainment Overlay District is to rear yard shall be 10 feet. regulate the location of such establishments; and (7) Off-street parking. Off-street parking (f) 1. Nothing in this section shall be construed space shall be provided in accordance with the to permit the regulation of any activities provisions of section 10.18. conducted in adult entertainment establishments (8) Screening provisions. On lots adjacent to which are entitled to protection under the First or abutting land in a residence district, the Amendment of the United States Constitution, screening provisions of section 10.16(7) shall be including: complied with prior to the issuance of a a. plays, operas, musicals or other dramatic certificate of compliance. works that are not obscene; [History: (2)(h) am., Sub. 2 to OA 11, 1991-92, pub. b. classes, seminars, or lectures which are 12/18/91; (2)(a) and (c) and (8) am., OA 16, 1996-97, pub. held for a serious scientific or educational 01/16/97;(2)(k)cr.,OA 57,1996-97,pub.09/02/97.] purpose and that are not obscene. 10.151 AED ADULT ENTERTAINMENT 2. Whether or not an activity is obscene shall OVERLAY DISTRICT. (1) Statement of be judged by consideration of the following Purpose. The County of Dane, relying upon the factors: experience of other local governments in this a. whether the average person, applying state and throughout the country, finds as contemporary community standards, would find follows: that the activity taken as a whole appeals to (a) That adult entertainment establishments prurient interest in sex; may have an adverse secondary effect on the b. whether the activity depicts or describes surrounding community because the sexual sexual conduct in a patently offensive way, as nature of the business may, regardless of the measured against community standards; and intentions of the proprietors, attract persons c. whether the activity taken as a whole lacks seeking prostitution or unlawful drugs, or who serious literary, artistic, political or scientific are inclined to be disorderly or disruptive; value. (b) Adult entertainment establishments are an (2) The overlay district shall apply only to all intense commercial use which create a large lands zoned M-1 Industrial. volume of foot and automobile traffic in the (3) An adult entertainment establishment shall vicinity of the establishment, which may require be a permitted use within the overlay district. police and other municipal services which may (4) Standards for siting of adult entertainment not be readily available in towns, and which may establishments. Adult entertainment establish- conflict with the preservation of farmland by ments shall meet all of the following encouraging scattered commercial development; requirements: (c) Adult entertainment establishments have (a) Only one such use shall be located within their peak activity at hours and days which are a specific M-1 Industrial District; incompatible with residential uses, and have a (b) Location of any particular adult larger customer volume than other entertainment entertainment establishment must be not less establishments which may be located in rural than 1,000 feet from any church, synagogue, areas; temple, mosque or any other place of worship, any residentially zoned district, park, school, playground, day care center, public library and Page 10-29 rev. 103105