Dane County Code of Ordinances (2)

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10 - 32 (6) Mineral extraction operations which 10.193 STANDARDS FOR SITING OF ADULT existed prior to 1969 and were registered with BOOK STORE. (1) The County of Dane, relying and approved by the Dane County Zoning upon the experience of other local governments in Administrator shall be considered this state and throughout the country, finds that nonconforming uses in accordance with s. adult book stores have an adverse secondary effect 10.21. on the surrounding community and that regulations [History: cr., Sub. 3 to O.A. 36, 1987-88, pub. are necessary to minimize this secondary effect. 08/02/88; cr. O.A. 9, 1993-94, pub. 04/20/94.] The experience of other cities are summarized in the case of Northend Cinema, Inc. v. Seattle, 585 10.192 PROCEDURE AND STANDARDS OF P. 2d 1153 (1978). OPERATION FOR LIMITED FAMILY BUSINESS. (2) This ordinance does not regulate the content (1) The purpose and intent of this section is to of materials held for sale or rent in adult book provide a centralized listing of the procedures stores. and standards of operation for, limited family (3) Adult book stores shall be established only businesses which may be permitted in several by conditional use and shall meet all of the districts. following requirements: (2) A conditional use permit for a limited (a) The standards set forth in s. 10.255(2)(h); family business is designed to accommodate (b) Location of any particular adult book store small family businesses without the necessity for must be not less than 1,000 feet from any church, relocation or rezoning while at the same time synagogue, temple, mosque or any other place of protecting the interests of adjacent property worship, any residentially zoned district, park, owners. Applicants for this conditional use school, playground, day care center, public library permit should recognize that rezoning or and any other adult book store; relocation of the business may be necessary or (c) Exterior windows shall not be covered or may become necessary if the business is made opaque in any way; expanded. (d) No material referenced in paragraphs (a), (b) (3) All employees, except one or one full-time or (c) of s. 10.21(2m) shall be placed in any equivalent, shall be a member of the family exterior window, provided that material which is residing on the premises. not so referenced may be placed in a window; (4) Using applicable conditional use permit (e) The business may have only one (1) standards, the Committee shall determine the nonflashing business sign which sign may only percentage of the property that may be devoted indicate the name of the business and identify it as to the business. an adult book store and which shall be not larger (5) The conditional use permit holder may be than 4 feet by 4 feet; and restricted to a service oriented business and thus (f) A one square foot sign shall be placed on prohibited from manufacturing or assembling each public entrance which shall state "Admittance products or selling products on the premises or to adults only" and may include other pertinent - any combination thereof. business information; (6) The conditional use permit may restrict the (g) There shall be no doors on any viewing number and types of machinery and equipment booths and each booth must be lighted by a source the permit holder may be allowed to bring on emitting at least 10 candlepower at all times. the premises. (4) Sub. (3)(e) shall not be construed to require a (7) Structures used in the business shall be sign or to require any designation of the business considered to be residential accessory buildings as an adult book store, whether or not a sign is and shall meet all requirements for such erected. buildings. The design and size of the structures [ History: 10.193 cr., O.A. 16, 1993-94, pub. is subject to conditions set forth in the 12/27/93.1 conditional use permit. (8) The conditional use permit shall 10.20 SALVAGE RECYCLING CENTERS. (1) Use. automatically expire on sale of the property or For purposes of this ordinance, any premises used the business to an unrelated third party. for the storage, gathering, recycling, or sale of junk, [History: cr., Sub. 3 to O.A. 36, 1987-88, pub. as defined in this chapter, is a salvage recycling 08/02/88; cr. O.A. 9, 1993-94, pub. 04/20/94.] center. A salvage recycling center need not have a commercial purpose. rev. 043094