For purposes of this chapter, the Village of Randolph is hereby
divided into the following 10 zoning districts:
A.
R-1 Single-Family Residential District.
B.
R-2 One- and Two-Family Residential District.
C.
R-3 Multiple-Family Residential District.
D.
C-1 Conservancy District.
E.
B-1 Central Business District.
F.
B-2 Highway Commercial District.
G.
I-1 Industrial District.
H.
P-1 Public and Quasi-Public District.
I.
A-1 Exclusive Agricultural District.
J.
AEO Adult Entertainment Overlay District.
A.
Zoning Map. The boundaries of the districts enumerated in § 375-12 above are hereby established as shown on a map entitled "Zoning Map, Village of Randolph, Wisconsin," 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.
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 A-1 Exclusive Agricultural District, unless
the annexation ordinance temporarily places the land in another district.
E.
Zoning district boundaries. Where uncertainty exists with respect
to the boundaries of any of the aforesaid districts shown on the Zoning
District Map, the following shall apply:
(1)
Where the district boundaries are depicted as approximately following
the center lines of streets or highways, center lines of streams,
drainageways, or street or highway right-of-way lines, such center
lines or right-of-way lines shall be construed to be such boundaries.
(2)
Where district boundaries are so depicted that they approximately
follow lot lines, such lot lines shall be construed to be said boundaries.
(3)
Where district boundaries are so depicted that they are approximately
parallel to the center lines of streets, highways, or railroads, or
rights-of-way of same, such district boundaries shall be construed
as being parallel thereto and at such distance therefrom as indicated
on the Zoning Map. If no distance is given, such dimension shall be
determined by the use of the scale shown on said Zoning Map.
(4)
Where district boundaries are so depicted that they approximately
follow section lines, quarter-section lines or other government survey
lines, or that they approximately follow political subdivision lines
such as county lines, town lines or corporate limits, such government
survey lines or political subdivision lines shall be construed to
be said district boundaries.
(5)
Where a district boundary line, as appearing on the Zoning Map, divided
a lot in single ownership at the time of enactment of this chapter,
the district requirements for the least restricted portion of such
lot shall be deemed to apply to the whole thereof, provided that such
extension shall not include any part of such lot more than 35 feet
beyond the district boundary lines.
F.
Exceptions. As an exception to the district boundary interpretation,
the A-1 Exclusive Agricultural District shall include all lands within
the corporate limits of the Village that are not otherwise assigned
to a specific zoning district or dedicated as the right-of-way of
a public road, street or alley. Also where not defined by the above
interpretation of district boundary lines and limits, the extent of
the C-1 Conservancy District may be construed to be the floodplain
or shoreland of a navigable body of water or a thirty-foot-wide strip
of land along either side of the center line of a natural, nonnavigable
waterway or drainageway.
A.
Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of primarily single-family detached
dwelling units at a low dwelling unit per acre density.
B.
Permitted principal uses. The following uses of land are permitted
in the R-1 District:
(1)
Single-family detached dwellings, excluding all mobile homes, and
their accessory structures; for purposes of this chapter, manufactured
homes are included in the definition of "single-family dwelling."
(2)
Manufactured homes complying with all of the following requirements
and limitations:
(a)
The home shall be a double-wide of at least 24 feet in width
and 36 feet in length.
(b)
The home shall be installed on an approved foundation system
in conformity with the Uniform Building Code. The wheels and axles
must be removed. The enclosed foundation system shall be approved
by the Building Inspector and/or Village Engineer; the Building Inspector
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.
(c)
The home shall be equipped with foundation siding which, in
design, color and texture, appears to be an integral part of the adjacent
exterior wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope
of five inches in 12 inches, which is permanently covered with nonreflective
material.
(e)
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the Village of Randolph.
(3)
Public parks, playgrounds and recreational or community center buildings
and grounds.
(4)
Public and parochial schools.
(5)
Cemeteries of one acre or less area adjacent to a church.
(6)
Public buildings, except sewage plants, garbage incinerators, warehouses,
garages, shops and storage yards.
(7)
Water storage facilities and their accessory uses.
(8)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(10)
Uses customarily incidental 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-1 District:[2]
(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.).
(3)
Bed-and-breakfast establishments. [7011]
(4)
Public utility structures, except those incompatible with the characteristics
of the district.
(5)
Planned residential developments.
(6)
Golf courses and private clubs.
(7)
Barbering and beauty culture.
(8)
Sewage disposal facilities.
(10)
Preschools serving not more than six children.
(11)
Churches, governmental and community service facilities.
A.
Purpose.
(1)
The purpose of this district is to delineate areas where more compact
residential development, including condominiums and rental apartments,
has occurred or will likely occur in accordance with the Village Comprehensive
Plan.[1]
(2)
The purpose of this district is to protect the residential character
of the district by prohibiting incursion of incompatible land uses.
B.
Permitted uses:
(1)
Multifamily buildings consisting of not more than 12 dwelling units.
(4)
Preschool and day-care facilities serving not more than 16 children.
(5)
Nursing homes.
(6)
Neighborhood parks and playgrounds.
(7)
Greenways and open space, agricultural crops and grazing of common
farm animals where confined by appropriate fencing.
C.
Conditional uses:
(1)
Multifamily buildings providing more than 12 dwelling units.
(2)
Churches, governmental and community service facilities.
(3)
Home occupations or professional home offices.
(4)
Libraries and medical and dental clinics.
(5)
Mobile home parks.
(6)
Planned residential developments, including clusters of condominiums
and/or for-rent apartments.
(7)
Campgrounds.
(8)
Bed-and-breakfast establishments.
A.
Purpose. The purpose of this 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.
B.
Permitted uses:
(1)
Preservation and/or controlled use of existing trees, shrubs and
plants; prairie grasses; wildlife habitat and nesting areas; wetlands
and drainageways; floodplains and shorelands.
(2)
Forest and game management.
(3)
Hunting, fishing and hiking.
(5)
Nonresidential buildings used solely in conjunction with the raising
of water, fowl or fish.
(6)
Harvesting of wild crops such as marsh hay, ferns, moss, water cress,
wild rice, berries, fruits or seeds; sustained yield forestry; or
raising of wildlife.
(7)
Recreation-related structures not requiring basements.
(8)
Preservation of areas of scenic, historic or scientific value.
(9)
Soil and water conservation programs, approved and administered by
the County Soil and Water Conservation District Board.
(10)
Uses similar and customarily incidental to any of the above.
(11)
Development of open space uses such as parks, hiking trails,
ski trails, bridle paths, fishing ponds, picnic areas, greenways,
and wildlife preserves.
C.
Conditional uses:
(1)
Animal hospitals, shelters and kennels.
(2)
Archery and firearm ranges, sports fields and skating rinks.
(3)
Land restoration, towage, 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.
(17)
Any building construction incidental to a permitted use.
(18)
Any filling, dredging, stream channel modification, or earthmoving
involving more than 1,000 square yards in area.
(19)
Agricultural cropping, and grazing with confining fences.
A.
Purpose. The B-1 District is intended to:
(1)
Provide for present and future commercial activities within the traditional
business area of the Village.
(2)
Accommodate community service functions, public and quasi-public
land use needs, at a central location.
(3)
Permit residential units above established businesses in accordance
with Village building codes and zoning requirements.
(4)
Protect the commercial character of the district by prohibiting the
incursion of incompatible land use.
B.
Permitted uses. The following uses of land are permitted in the B-1
District:
(1)
Paint, glass and wallpaper stores. [523]
(2)
Hardware stores. [525]
(3)
Department stores, variety stores, general merchandise stores. [53]
(4)
General grocery stores, supermarkets, fruit and vegetable stores,
delicatessens, meat and fish stores and miscellaneous food stores.
[54]
(5)
Candy, nut or confectionery stores. [544]
(6)
Dairy products stores, including ice cream stores. [545]
(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. [546]
(8)
Clothing and shoe stores. [56]
(9)
Furniture, home furnishings, floor covering and upholstery shops/stores.
[57]
(10)
Restaurants, lunchrooms and other eating places, except drive-in-type
establishments. [5812]
(11)
Taverns, bars and other drinking places with permit by Village
Board. [5813]
(12)
Drugstores and pharmacies. [591]
(13)
Liquor stores. [592]
(14)
Antique stores and secondhand stores. [593]
(15)
Sporting goods stores and bicycle shops. [5941]
(16)
Bookstores, not including adult books. [5942]
(17)
Stationery stores. [5943]
(18)
Jewelry and clock stores. [5944]
(19)
Camera and photographic supply stores. [5946]
(20)
Gift, novelty and souvenir shops. [5947]
(21)
Florist shops. [5992]
(22)
Tobacco and smokers' supplies stores. [5993]
(23)
News dealers and newsstands. [5994]
(24)
Wholesale merchandise establishments, only for retail items listed above, e.g., Subsection B(19) would allow wholesale camera sales.
(25)
Banks and other financial institutions. [60-62]
(26)
Offices of insurance companies, agents, brokers and service
representatives. [63-64]
(27)
Offices of real estate agents, brokers, managers and title companies.
[65-67]
(28)
Miscellaneous business offices.
(29)
Heating and plumbing supplies.
(30)
Retail laundry and dry-cleaning outlets, including coin-operated
laundries and dry-cleaning establishments, commonly called "laundromats"
and "launderettes"; tailor shops, dressmakers' shops, and garment
repair shops, but not garment-pressing establishments, hand laundries,
or hat cleaning and blocking establishments. [721]
(31)
Photographic studios and commercial photography establishments.
[722]
(32)
Barbershops, beauty shops and hairdressers. [723-4]
(33)
Shoe repair shops and shoe shine parlors. [725]
(34)
Trade and contractor's offices (office only).
(35)
Advertising agencies, consumer credit reporting, news agencies,
employment agencies. [731-2, 735-6]
(36)
Duplicating, blueprinting, photocopying, addressing, mailing,
mailing list and stenographic services; small print shops. [733]
(37)
Computer services. [737]
(38)
Commercial parking lots, parking garages, parking structures.
[752]
(39)
Watch, clock and jewelry repair services. [763]
(40)
Motion-picture theaters, not including drive-in theaters. [7832]
(41)
Miscellaneous retail stores. [5999]
(42)
Offices/clinics of physicians and surgeons, dentists and dental
surgeons, osteopathic physicians, optometrists and chiropractors,
but not veterinarians' offices. [801-4]
(43)
Law offices. [811]
(44)
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. [86]
(45)
Engineering and architectural firms or consultants. [891-3]
(46)
Accounting, auditing and bookkeeping firms or services. [8721]
(47)
Professional, scientific, or educational firms, agencies, offices,
or services, but not research laboratories or manufacturing operations.
[899]
(48)
The offices of governmental agencies and post offices. [91-92,
431]
(49)
Public transportation passenger stations, taxicab company offices,
taxicab stands, but not vehicle storage lots or garages. [411-14]
(50)
Telephone and telegraph offices. [481-2]
(51)
Existing residential developments, including dwelling units
above established businesses, provided they comply with the Village
building codes and the basic provisions of the R-3 Residential Zoning
District as set forth herein.
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 incidental 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.
(1)
Miscellaneous repair shops and related services. [769]
(3)
Establishments engaged in the publishing and printing of newspapers,
periodicals or books. [2711]
(4)
All residential uses developed subsequent to the effective date of this chapter, including residential units above established business places, provided they comply with the applicable provisions of the R-3 Zoning District and the parking space requirements set forth in Article VI of this chapter. 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.
(5)
Farm supplies, wholesale trade. [5191]
(6)
Establishments engaged in the retail sale of automobiles, trailers,
mobile homes, or campers. [551-2, 556]
(7)
Stores for the sale and installation of tires, batteries, mufflers
or other automotive accessories. [553]
(8)
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. [554]
(9)
Establishments engaged in the dally or extended-term rental or leasing
of house trailers, mobile homes or campers. [703]
(10)
Establishments engaged in daily or extended-term rental or leasing
of passenger automobiles, limousines or trucks, without driver, or
of truck trailers or utility trailers. [751]
(11)
Establishments for the washing, cleaning or polishing of automobiles,
including self-service car washes. [754]
(12)
Hotels, motor hotels, motels, tourist courts, tourist rooms,
etc. [70]
A.
Purpose. The purpose of this district is to encourage the growth
and development of business activities and establishments which require
highway frontage and exposure due to their automobile and vehicular
orientations.
B.
Permitted uses. The following uses of land are permitted in the B-2
District:[1]
(1)
Bars and taverns.
(2)
Candy, nut and confectionery sales.
(3)
Gift, novelty and souvenir sales.
(4)
Nightclubs, dance halls and taverns.
(5)
Restaurants.
(6)
Public assembly uses.
(7)
Commercial recreation facilities.
(8)
Lodges and fraternal buildings.
(9)
Nursery and garden centers.
(10)
Drive-in food and beverage establishments and conventional restaurants.
(11)
Drive-in banks.
(12)
Drive-in theaters.
(13)
Public parking lots.
(14)
Taxi stands.
(15)
Sewage disposal plants.
(16)
Governmental, cultural and public buildings or uses such as
fire and police stations, community centers, libraries, public emergency
shelters, parks, playgrounds and museums.
(17)
Schools and churches.
(18)
Seasonal roadside stand for the sale of farm produce.
(19)
Wholesale merchandise establishments.
(20)
Warehouses.
(21)
Commercial establishments selling used, secondhand or reconditioned
merchandise.
(22)
Open space uses such as agricultural crops and grazing, parks,
parking lots, recreational facilities, greenways and related open
space uses.
C.
Conditional uses. Conditional uses require 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. The following are specific conditional uses in this district:
[Amended 1-11-2012 by Ord. No. 396[2]]
(1)
Amusement activities.
(2)
Automobile and truck retail services.
(3)
Automobile repair services.
(4)
Gasoline service stations.
(5)
Hotels, motels and tourist courts.
(6)
Sales, service and installation of tires, batteries and accessories.
(7)
Residential dwelling units.
(8)
Animal hospital, shelters and kennels.
(9)
Off-season storage facilities.
(10)
Nursing homes.
(11)
Retirement homes.
(12)
Vehicle sales and service.
(13)
Utilities.
(14)
Mobile home sales.
(15)
All conditional uses listed in the B-1 District.
(16)
Establishments or facilities for the sale, rental, service,
repair, testing, demonstrations or other use of motorcycles, motorized
bicycles, go-carts, snowmobiles, aircraft, motorboats, other watercraft,
or any other motorized vehicles or their components.
(17)
Motor carrier facilities.
(18)
Commercial sales and services requiring outdoor storage yards,
truck terminals and transshipment depots.
(19)
Grain-handling facilities such as augers, bins, dryers, elevator
legs, screeners, accessory buildings and parking areas limited to
those uses which would facilitate grain handling, all for the purpose
of drying, storage and reloading of grain grown and owned by the owner
of the premises or its related entities. Such use is further conditioned
upon adequate noise and dust abatement. Any and all expansion of the
facility, either in change or footprint or in height, would require
further hearing as set forth in this subsection.
D.
Height and area requirements:
A.
Purpose. The purpose of the I-1 District is to preserve lands best
suited for industrial development because of location, area, topography,
transportation, highway access, utilities, and/or relation to other
land uses.
B.
Permitted uses:
(1)
Packaging, processing, production, warehousing or wholesaling of
products, without open storage, from agricultural crops and produce;
furs and leathers; glass, metals, paper, plastic, textiles, wood and
related materials of local origin.
(2)
Manufacture, packaging or warehousing, without open storage, of products
such as appliances, confections, cosmetics, electrical and electronic
devices, instruments, jewelry, pharmaceuticals, and toiletries.
(3)
Service industries without open storage such as automotive repairs
and restorations; bakeries; breweries; bottling of beverages; commercial
cleaners, pressers and dyers; greenhouses; laboratories; machine shops;
painting; printing and publishing; storage and sale of lumber and
related construction materials.
(4)
Open space uses such as agricultural crops and grazing, parks, parking
lots, recreational facilities, greenways and related open space uses.
C.
Conditional uses:
(1)
Open storage yards associated with a permitted use.
(2)
Animal hospitals, kennels, and related animal facilities.
(3)
Commercial processing of milk products, feeds, fowl or animals.
(4)
Outdoor storage and manufacturing areas such as recycling facilities,
scrap yards, salvage yards, wrecking or demolition yards.
(5)
Commercial service facilities such as fueling stations, garages,
automotive repair shops, truck terminals, transshipment depots, provided
such services are related to the Industrial District users and/or
employees.
(6)
Public and quasi-public uses such as pretreatment sewage plants,
pumping stations, water supply facilities, fire protection devices,
utility services, and related public facilities.
D.
Height and area requirements:
A.
Purpose. The purpose of the P-1 District is:
(1)
To identify and delineate properties devoted to existing recreational,
institutional and/or governmental use, particularly areas of one acre
or more in size.
(2)
To identify, delineate and reserve properties set forth in the Village
Comprehensive Plan as essential to future recreational, institutional,
and/or governmental development within the community.
[Amended 5-5-2014 by Ord. No. 406]
B.
Permitted uses:
(1)
Public parks, play fields, playgrounds and related recreational developments;
arboretums, wildlife preserves, soil and water conservation practices;
churches, community centers, libraries, governmental offices, museums,
police and fire stations.
(2)
Public, parochial and private elementary and secondary schools, including
preschools.
[Amended 3-29-2016 by Ord. No. 413]
C.
Conditional uses:
(1)
Archery and/or firearm ranges, golf courses, gymnasiums, riding academies,
music and/or dance halls, stadiums, swimming pools, zoological and/or
botanical gardens.
(2)
Water supply and/or wastewater treatment facilities; utility services
and facilities; recycling operations and facilities, transportation
terminals; cemeteries and crematories; penal and/or correctional institutions;
sanatoriums; religious, charitable and/or related institutions.
A.
Statement of purpose.
(1)
The purposes of the A-1 Exclusive Agricultural District are to preserve
productive agricultural land for food and fiber production; preserve
productive farms by preventing land use conflicts between incompatible
uses and controlling public service costs; maintain a viable agricultural
base to support agricultural processing and service industries; prevent
conflicts between incompatible uses; reduce costs for providing service
to scattered nonfarm uses; pace and shape urban growth; implement
the provisions of the county agricultural plan when adopted and periodically
revised; and comply with the provisions of the Farmland Preservation
Law to permit eligible landowners to receive tax credits under § 71.09(11),
Wis. Stats.
(2)
This district is generally intended to apply to lands in productive
farm operations, including lands historically exhibiting good crop
yields or capable of such yields; lands which have been demonstrated
to be productive for dairying, livestock raising and grazing; other
lands which are integral parts of such farm operations; land used
for the production of specialty crops such as mint, sod, fruits and
vegetables; and lands which are capable of productive use through
economically feasible improvements such as irrigation.
B.
Permitted uses and structures:
(1)
Apiculture.
(2)
Dairying.
(3)
Floriculture.
(4)
Forestry.
(5)
General farming.
(6)
Grazing.
(7)
Greenhouses.
(8)
Hatcheries.
(9)
Horticulture.
(10)
Livestock raising.
(11)
Nurseries.
(12)
Orchards.
(13)
Paddocks.
(14)
Pasturage.
(15)
Poultry raising.
(16)
Stables.
(17)
Truck farming.
(18)
Viticulture.
(20)
Roadside stands.
(21)
Structures and improvements that are consistent with agricultural
uses.
C.
Conditional uses:
(1)
Agricultural
buildings and high-density animal enclosures within 300 feet of any
residential district. "High-density" shall be defined as such concentrations
of animals which will not allow usual plant (sod) growth in a fenced
area.
E.
Building height: maximum 50 feet, except for farms and silos.
A.
Intent. It is the intent of this section to protect the health, safety,
general welfare and morals of the residents of the Village of Randolph,
to preserve the quality of family life, to preserve the characteristics
of the neighborhoods and to prevent adverse and deleterious effects
contributing to the blight and downgrading of neighborhoods. Being
mindful of the effects of adult entertainment upon minors and the
criminal activity and disruption of public peace associated with such
establishments, while also giving due consideration to the civil rights
of persons partaking in such entertainment, it is the intent of this
section to regulate the location of such establishments of adult entertainment.
By the enactment of this section, the Village Board does not intend
to give any explicit, implicit or tacit approval or condone any activity
relating to adult entertainment.
B.
ADULT ESTABLISHMENT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Definitions. For the purpose of this section, the following definitions
apply:
Includes bookstores, motion-picture theaters, mini motion-picture
theaters, bathhouses, massage parlors, modeling studios, body-painting
studios, cabarets, adult novelty shops and video stores and are more
specifically defined as:[1]
ADULT BOOKSTOREAn establishment having a substantial or significant portion of its stock-in-trade in books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
ADULT MOTION-PICTURE THEATER (OUTDOOR)A parcel of land from which individuals may view a motion picture presented out of doors which presents material distinguishably characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for fewer than 50 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
ADULT BATHHOUSEAs establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities as defined in this section.
ADULT MASSAGE PARLORAn establishment or business with or without sleeping accommodations which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the State of Wisconsin and which establishment provides for its patrons the opportunity to engage in specified sexual activities as defined in this section.
ADULT MODELING STUDIOAn establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.
ADULT BODY-PAINTING STUDIOAn establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this section, "adult body-painting studio" shall not be deemed to include a tattoo parlor.
ADULT CABARETAn establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, burlesque shows, male or female impersonators, or similar entertainers.
ADULT NOVELTY SHOPAn establishment or business having a substantial or significant portion of its stock-in-trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activities as defined herein or stimulating such activity.
ADULT VIDEO STOREAn establishment having a substantial or significant portion of its stock-in-trade in videotapes for sale or rent which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas as defined herein or an establishment with a segment or section devoted to the sale, display or rental of such material.
Human genitals in a state of sexual stimulation or arousal;
Acts of human masturbation, sexual intercourse or sodomy;
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast;
Flagellation or torture in the context of a sexual relationship;
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain;
Erotic touching, fondling or other such contact with an animal
by a human being; or
C.
Adult Entertainment Overlay District created. So as to ensure a maximum benefit to the community and a minimum impact upon existing and future uses of land, there is hereby created an Adult Entertainment Overlay District which, subject to the standards set forth in this section, may be used for an adult establishment as defined herein, except as may be prohibited in Subsection H below.
D.
Permitted uses. No principal uses shall be permitted as a matter
of right in the Adult Entertainment Overlay District. All uses shall
be conditional uses.
E.
Conditional uses:
(1)
Adult bathhouses.
(2)
Adult body-painting studios.
(3)
Adult bookstores.
(4)
Adult cabarets.
(5)
Adult massage parlors.
(6)
Adult mini motion-picture theaters.
(7)
Adult modeling studios.
(8)
Adult motion-picture theaters.
(9)
Adult motion-picture theaters (outdoor).
(10)
Adult novelty shops.
(11)
Adult video stores.
F.
Underlying district standards. Lot area and width, building height
and area, yard and sanitary sewer system requirements in the underlying
district shall be complied with in the Adult Entertainment Overlay
District.
G.
Procedures for establishing Adult Entertainment Overlay District.
(1)
A petition to amend this chapter to establish an Adult Entertainment
Overlay District and an application for a conditional use permit shall
be filed with the Zoning Administrator. The Zoning Administrator shall
refer each petition and application to the Village Board. The Board
shall review and make recommendation regarding such petition and application.
Those requirements set forth in this chapter relating to the issuance
of a conditional use permit shall be adhered to. No Adult Entertainment
Overlay District shall be created which does not substantially comply
with the standards set forth in this section.
(2)
A petition to amend this chapter to establish an Adult Entertainment
Overlay District must be accompanied by three copies of the proposed
site plan prepared by a certified land surveyor or planner in addition
to any other information required under this section.
(3)
The Zoning Administrator shall make a recommendation to the Village
Board. Such recommendation may approve, disapprove or approve subject
to modifications the petition for zoning and shall include a written
statement of the Zoning Administrator's findings. No petition
for an Adult Entertainment Overlay District shall be approved by the
Village Board unless, however, the following findings have been made:
(a)
That all the standards and requirements in this section will
be met by the proposed use.
(b)
That the proposed use will not be a detriment to the public
welfare.
(c)
That the proposed zoning is consistent with the general intent
of any comprehensive plan in existence.
(d)
That the existing streets and utility services are adequate
for the proposed use.
(e)
That the proposed use will in no substantial way contribute
to the deterioration of the surrounding neighborhood.
(f)
That the presence of the proposed use will not have a harmful
influence on children residing in or frequenting the area.
H.
Standards for adult establishments. In addition to all other applicable
requirements of this chapter, all adult establishments shall meet
the following standards:[2]
(1)
The Adult Entertainment Overlay District shall only be established
in situations in which the underlying district is a commercial or
industrial district.
(2)
No more than one of the adult establishments defined herein may be
established on any one parcel, and any of the adult establishments
defined herein shall be at least 1,000 feet from any other adult establishment.
No adult establishment shall be permitted within 500 feet of any establishment
serving alcoholic beverages, within 1,000 feet of property zoned residential,
within 1,500 feet of any property zoned agricultural or within 2,000
feet of any school, library, church, park, playground, or day-care
facility.
(3)
There shall be no sale of intoxicating beverages in the Adult Entertainment
Overlay District.
(4)
Signs advertising any of the adult establishments defined herein shall conform with Article VII of this chapter, with the exception, however, that no tower or portable signs or billboards shall be permitted on the premises, and with the further exception that signs will not depict or describe specified anatomical areas or specified sexual activities, and provided further that there shall be no flashing or traveling lights located outside the building.
(5)
Adequate parking shall be provided in a lighted area.
(6)
There shall be no display windows on the premises.
(7)
The owner and/or operator of the adult entertainment establishment
shall comply with all federal, state and local laws and ordinances,
including obscenity, liquor and cabaret laws, and shall further ensure
that minors are not permitted on the premises. Solicitation for purposes
of prostitution shall be strictly prohibited.
(8)
In the case of adult cabarets, the hours of operation for such establishments
shall be limited to the same hours of operation for bars and taverns
within the Village of Randolph.
(9)
In the case of outdoor adult motion-picture theaters, the establishment
shall confine its hours of operation to those hours of operation established
for bars and taverns within the Village of Randolph. Outdoor adult
motion-picture theaters shall also have the viewing screen located
in such a fashion as to not be visible from any road, street or highway
or residence, and the premises shall be surrounded by solid fencing
at least eight feet in height. All theaters shall comply with § 134.46,
Wis. Stats.
(10)
Prior to the establishment of an Adult Entertainment Overlay
District, an inventory of the surrounding area and population shall
be made, along with a study of the proposed development and plans
for the area, so as to enable the Village Board to make appropriate
findings relative to the effect of the establishment of such a district
in that area.
(11)
The owner of the parcel upon which the adult establishment is
to be established and the operator of the establishment and owner
of the establishment shall appear in person before the Village Board.
(12)
In the event of noncompliance with any conditions imposed on
the adult establishment, the conditional use permit may be revoked,
the Adult Entertainment Overlay District may be abolished by the Village
Board, and the parcel shall revert to its underlying zoning.
