When used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

ADULT BOOKSTORE: An establishment having, as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on the premises by use of motion picture devices or by coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

ADULT ENTERTAINMENT CABARET: A public or private establishment which: a) features topless dancers, strippers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows; b) not infrequently features entertainers who display specified anatomical areas; or c) features entertainers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in or are engaged in explicit simulation of specified sexual activities.

ADULT MOTION PICTURE THEATER: A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT NOVELTY STORE: An establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing "novelties", lotions and other items distinguished or characterized by their emphasis on or use for specialized sexual activities or specified anatomical areas or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

ADULT USE: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult novelty stores and other similar uses.

SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered:

      1.   Human genitals;

      2.   Pubic region;

      3.   Buttock;

      4.   Female breasts below a point immediately above the top of the areola; and

   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: A. Human genitals in the state of sexual stimulation or arousal;

   B.   Acts of human masturbation, sexual intercourse or sodomy; and

   C.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts. (Ord. 98-05, 2-23-1998)

Prior to the issuance of any permit for the construction or occupancy of an adult use, the applicant for said permit(s) must first proceed through the site development and plan review procedure set forth in chapter 4 of this title. However, site plan review for an adult use shall be considered by the planning and zoning commission within sixty (60) days of filing. After consideration by the planning and zoning commission, findings shall be forwarded to the village board and considered within sixty (60) days of the planning and zoning commission's consideration. The planning and zoning commission and village board may place conditions on the development and operation of the adult use related to site plan, floor plan, construction materials, lighting, parking and circulation, ingress and egress, landscaping and screening, and signage in order to assure that the design and operation of the adult use is in conformance with all village ordinances and is compatible with surrounding uses. (Ord. 98-05, 2-23-1998; amd. Ord. 2014-48, 10-27-2014)

Adult uses are permitted in a business or manufacturing district, including planned unit development business or manufacturing areas, provided:

   A.   No adult use shall be located within eight hundred feet (800') of any property which is zoned or used for residences, churches, schools, parks or other adult use.

   B.   No adult use shall be permitted to operate within three hundred feet (300') of the centerline of Lake Street, Army Trail Road or Gary Avenue. (Ord. 98-05, 2-23-1998)

No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use. (Ord. 98-05, 2-23-1998)

No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This section shall apply to any display, decoration, sign, show window or other opening. (Ord. 98-05, 2-23-1998)

Any adult use which existed lawfully, but which became nonconforming upon the effective date hereof, may be continued as hereinafter provided:

   A.   Upon written notice from the village to the owners or interests therein that any building, structure, lot or regulated use is nonconforming under the provisions of this title, the owners or interests therein shall, within two (2) months from the date of such notice, apply to the village clerk for a certificate of nonconformance.

   B.   Failure to apply for a certificate of nonconformance within two (2) months of the notice provided in subsection A of this section will require the amortization of the nonconformance within six (6) months of said notice.

   C.   Nonconformances that have applied for a certificate of nonconformance from the village clerk shall be discontinued within one year of the notice provided in subsection A of this section. (Ord. 98-05, 2-23-1998)