In the I-1 district, no building or land shall be used and no building shall be hereafter erected, enlarged, converted or structurally altered, except for one or more of the following uses:

Any use permitted in the B-2 district, except multiple-family residences, tourist homes, boarding houses and except apartments erected above any commercial use.

Bottling plants.

Building equipment and solid fuel storage and yards, and yards of contracting equipment, maintenance or operating equipment of public agencies or public utilities, or materials or equipment of a similar nature, provided that where such storage or yards are in the open, if any part of the land so used lies within three hundred feet (300') of any residential district, or any park, or state or federal highway, the entire open area presently being so used at the time of passage of this title and to be used in the future shall be surrounded by a substantially built tight board or sheet metal fence, or masonry or other wall, or dense evergreen hedge not less than eight feet (8') high, except that entire open areas presently being so used at the time of passage of this title which are not surrounded by a substantially built tight board or sheet metal fence, or masonry or other wall, or dense evergreen hedge not less than eight feet (8') high, must provide such enclosure within twelve (12) months from the date of passage of this title.

Bulk storage of gasoline, fuel oil or other inflammable or explosive liquids for retail or wholesale distribution, provided the plans for the location and construction shall first be approved by the chief of the fire department, the commissioner of streets and public improvements, and the director of public health and safety.

Canning, packing, preserving or bottling of food products.

Creameries and milk distribution stations.

Dyeing and cleaning establishments and laundries.

Ice plant or storage.

Light industrial and manufacturing and processing or assembly plants, excluding those specific uses expressly listed in the I-2 district, and where the scale of operations and process of manufacturing or treatment of materials is such that the amount of dust, gas, smoke, odor or noise resulting therefrom will not be detrimental to property or to the health of persons residing in surrounding residential districts.

Open air lot for display and sale or storage of automobiles or farm equipment in good operating condition, expressly excluding auto wrecking and junk yards.

Roller skating, ice skating arena.

Stone yards or monument works.

Truck or bus storage yards.

Warehouses and storage plants. (April 1969; amd. Ord. O-7-10, 2-8-2010)

The following conditional use(s) may also be permitted by the Village Council in accordance with the procedures specified in this title. Application for conditional use is to be made to the Planning and Zoning Commission and after public notice and hearing on the petition according to law, the Planning and Zoning Commission shall refer the petition with such recommendations as it may make to the Village Council for its action, all in accordance with the procedures specified in chapter 10 of this title.

Any conditional use permitted in the B-2 district in accordance with the procedures specified herein.

Adult-Use Cannabis Transporting Organization or Transporter, in compliance with the State of Illinois Cannabis Regulation and Tax Act and meeting the parking requirement of chapter 8 of this title. (Ord. O-22-14, 9-8-2014; amd. Ord. O-02-20, 1-13-2020; Ord. O-20-22, 5-9-2022)

No building or area shall be used for any of the following uses:

Cooking, distillation, processing and incineration of animal and vegetable products, including, but not limited to, brewery, distillery, food canning plant, slaughterhouse, stockyards, fat rendering, soap manufacture, glue manufacture, tannery, paper manufacture, wool scouring and cleaning; cotton textile sizing, scouring, bleaching, dyeing and similar operations; paint and varnish manufacture, creosote and creosote products manufacture.

Extraction, preparation and processing of dust producing mineral products including, but not limited to, abrasives, cement, lime, fertilizer, plaster, crushed stone, stonecutting products, mining of sand, gravel, topsoil.

Manufacture and storage of explosive products, including, but not limited to, dynamite and commercial explosives, TNT and military explosives, fireworks.

Production of corrosive and noxious chemicals including, but not limited to, acids, acetylene gas, ammonia, chlorine, bleaching compounds.

Production, processing and storage of coal, coal tar, petroleum and asphalt products including, but not limited to, coke manufacture, illuminating gas production, petroleum refining, bulk gasoline and petroleum products storage, asphalt products, linoleum manufacture, oilcloth manufacture, roofing material manufacture.

Smelting and reduction of metallic ores including, but not limited to, blast furnace, open hearth, and electric furnace, Bessemer converter, nonferrous metal smelter.

Storage of materials customarily stored in the open, such as junk, paper and scrap material.

Use of hammer mills, ball mills, rolling mills or drop forges in any industrial process. (April 1969; amd. Ord. O-22-14, 9-8-2014)

The following restrictions shall apply to this district:

   A.   No land or building shall be used or occupied in any manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; emit any noise or vibration, smoke, dust, odor, noxious, toxic or corrosive fumes or gases, or particular matter, discharge any liquid or solid refuse or waste conducive to the breeding of rodents or insects into any stream, ditch or other open area in a manner or amount as to adversely affect the surrounding area.

   B.   All operations permitted in the I-1 district shall be conducted wholly within a completely enclosed building; and all raw materials, fuels, finished products, machinery and equipment, including company owned or operated trucks and motor vehicles, shall be stored within an entirely closed building, or within an area enclosed by a fence of an approved type and design.

   C.   No operation shall be carried on that would produce heat or glare perceptible from any property line of the lot on which the operation is located.

   D.   No lighting shall be of such a nature as to produce glare on public streets or highways or neighboring property.

   E.   No substance other than oil, gas, or electricity shall be used as fuel. (April 1969; amd. Ord. O-22-14, 9-8-2014)

   A.   Building Height: No building shall exceed six (6) stories nor shall it exceed seventy five feet (75') in height, except as otherwise provided in section 9-2-4 of this title. (April 1969; amd. Ord. O-22-14, 9-8-2014)

   A.   Parking: Whenever a building is erected, converted or structurally altered for a use permitted in the I-1 district there shall be provided an available and accessible off street parking area as shall be required by the applicable provisions of chapter 8 of this title. (April 1969; amd. Ord. O-22-14, 9-8-2014)

In the I-2 district, no land shall be used and no building shall be hereafter erected or structurally altered, except for one or more of the following uses:

   Any use permitted in the I-1 district.

   Adult-Use Cannabis Craft Grower, in compliance with the State of Illinois Cannabis Regulation and Tax Act and meeting the parking requirement of chapter 8 of this title.

   Adult-Use Cannabis Cultivation Center, in compliance with the State of Illinois Cannabis Regulation and Tax Act and meeting the parking requirement of chapter 8 of this title.

   Adult-Use Cannabis Dispensing Organization, in compliance with the State of Illinois Cannabis Regulation and Tax Act and meeting the parking requirement of chapter 8 of this title.

   Adult-Use Cannabis Infuser Organization or Infuser, in compliance with the State of Illinois Cannabis Regulation and Tax Act and meeting the parking requirement of chapter 8 of this title.

   Adult-Use Cannabis Processing Organization or Processor, in compliance with the State of Illinois Cannabis Regulation and Tax Act and meeting the parking requirement of chapter 8 of this title.

   Adult-Use Cannabis Transporting Organization or Transporter, in compliance with the State of Illinois Cannabis Regulation and Tax Act and meeting the parking requirement of chapter 8 of this title.

   Automobile painting, upholstering, repairing, reconditioning, body and fender works.

   Blacksmith.

   Brick, tile, plastic, glass, clay and metal products; provided, however, that no building or occupancy permit shall be issued until the location and conditions of such use shall have been authorized by the village council after a public hearing conducted by the zoning and planning commission in accordance with the provisions of this title.

   Cooking, distillation, and processing of animal and vegetable products, including but not limited to, brewery, distillery, wholesale and retail butcher, and food canning plant, but excluding slaughterhouse, stockyards, fat rendering, soap manufacture, glue manufacture, tannery, paper manufacture, wool scouring and cleaning; cotton textile sizing, scouring, bleaching, dyeing and similar operations; paint and varnish manufacture, creosote and creosote products manufacture.

   Grain elevators.

   Railroad yards. (April 1969) (amd. Ord. O-02-20, 1-13-2020; Ord. O-12-23, 2-27-2023)

The following conditional use(s) may also be permitted by the Village Council in accordance with the procedures specified in this title. Application for conditional use is to be made to the Planning and Zoning Commission after public notice and hearing on the petition according to law, the Planning and Zoning Commission shall refer the petition with such recommendations as it may make to the Village Council for its action, all in accordance with the procedures specified in chapter 10 of this title.

Any conditional use permitted in the I-1 district in accordance with the procedures specified herein. (Ord. O-22-14, 9-8-2014; amd. Ord. O-02-20, 1-13-2020; Ord. O-20-22, 5-9-2022)

Cotton textile sizing, scouring, bleaching, dyeing and similar operations.

Creosote and creosote products manufacture.

Extraction, preparation and processing of dust producing mineral products including, but not limited to, abrasives, cement, lime, fertilizer, plaster, crushed stone, stonecutting products, mining of sand, gravel, topsoil.

Fat rendering.

Paint and varnish manufacture.

Manufacture and storage of explosive products, including, but not limited to, dynamite and commercial explosives, TNT and military explosives, fireworks.

Production of corrosive and noxious chemicals including, but not limited to, acids, acetylene gas, ammonia, chlorine, bleaching compounds.

Production, processing and storage of coal, coal tar, petroleum and asphalt products including, but not limited to, coke manufacture, illuminating gas production, petroleum refining, bulk gasoline and petroleum products storage, asphalt products, linoleum manufacture, oilcloth manufacture, roofing material manufacture.

Slaughterhouse.

Smelting and reduction of metallic ores including, but not limited to, blast furnace, open hearth, and electric furnace, Bessemer converter, nonferrous metal smelter.

Stockyards.

Storage of materials customarily stored in the open, such as junk, paper and scrap material.

Use of hammer mills, ball mills, rolling mills or drop forges in any industrial process. (April 1969; amd. Ord. O-22-14, 9-8-2014; Ord. O-12-23, 2-27-2023)

The district restrictions specified in the I-1 district shall apply to the I-2 district as if the same were set forth hereunder; except that open storage of all raw materials, fuel, finished products, machinery and equipment, including company owned or operated trucks and motor vehicles, is permitted provided that the area on which these items are stored is enclosed by a fence of an approved type and design. (April 1969; amd. Ord. O-22-14, 9-8-2014)

   A.   Building Height: No building or structure shall exceed six (6) stories nor seventy five feet (75') in height, except as otherwise provided in section 9-2-4 of this title. (April 1969; amd. Ord. O-22-14, 9-8-2014)

   A.   Parking: Whenever a building is erected, converted, or structurally altered for a use permitted in the I-2 district, there shall be provided an available and accessible off street parking area as shall be required by the applicable provisions of chapter 8 of this title. (April 1969; amd. Ord. O-22-14, 9-8-2014)

It is the purpose of this article to regulate the location of sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the village and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the village. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this article to restrict or deny access by adults to sexually oriented materials protected by the first amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material. (Ord. O-57-07, 11-26-2007)

Based on evidence of the adverse secondary effects of adult uses on the communities, presented in hearings and in reports made available to the Planning and Zoning Commission (f/k/a Zoning Board of Appeals) and recommended to the Village Council, and on findings incorporated in the cases of Pap's A.M. v. City of Erie, 2000 U.S. Lexis 2347 (Mar. 29, 2000); City of Renton Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), Schultz v. City of Cumberland, 26 F.Supp.2d 1128 (W.D. Wisc. 1998), aff'd in part, rev'd in part, 2000 U.S. App. Lexis 23773 (7th Cir. 2000); Berg v. Health & Hospital Corp., 865 F.2d 797 (1989); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (1999); Entertainment Concepts v. Maciejewski, 631 F.2d 497 (1980); Genusa v. City of Peoria, 619 F.2d 1203 (1980); Graff v. City of Chicago, 9 F.3d 1309 (1993); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); and other cases; and on reports of secondary effects occurring in and around sexually oriented businesses, both in Cook County and in other communities including, but not limited to, Denver, Colorado - 1998; Rochester, New York - 2000; Indianapolis, Indiana - 1984; Kansas City, Missouri - 1998; Los Angeles, California - 1977; Newport News, Virginia - 1996; St. Paul, Minnesota - 1987/1988 supplemental study; Springfield, Missouri - 1986; New York, New York - 1994; Phoenix, Arizona - 1979; Tucson, Arizona - 1990; Garden Grove, California - 1991; Whittier, California - 1978; Adams County, Colorado - 1988; Manatee County, Florida - 1987; Minneapolis, Minnesota - 1980; Las Vegas, Nevada - 1978; Ellicottville, New York - 1998; Islip, New York - 1980; New York Times Square study - 1994; New Hanover County, North Carolina - 1989; Cleveland, Ohio - 1977; Oklahoma City, Oklahoma - 1986/1992; Amarillo, Texas - 1977; Austin, Texas - 1986; Beaumont, Texas - 1982; Cleburne, Texas - 1997; Dallas, Texas - 1997; El Paso, Texas - 1986; Houston, Texas - 1983/1997; Bellevue, Washington - 1988; Des Moines, Washington - 1984; Seattle, Washington - 1989; St. Croix County, Wisconsin - 1993; and also on findings from the report of the attorney general's working group on the regulation of sexually oriented businesses (June 6, 1989, state of Minnesota), the Village Council finds:

   A.   Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that tend to have an adverse impact on the surrounding community. Further, there are presently insufficient mechanisms in the village to regulate the location of sexually oriented businesses to minimize the adverse impact on surrounding property owners.

   B.   Certain employees of unregulated sexually oriented businesses defined in this article as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

   C.   Unlawful sexual acts occur at unregulated sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows and generally results in an increase in crime within the village.

   D.   Offering and providing such unregulated locations encourages such activities, which has an adverse impact on the village's retail trade, property values of surrounding properties which results in a reduction in the quality of the village's neighborhoods, commercial districts and suburban life.

   E.   Persons frequent certain adult theaters, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within or about the premises of such sexually oriented businesses, or for the purpose of purchasing or selling illicit drugs.

   F.   Numerous communicable diseases may be spread by activities occurring in or about sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis salmonella, campylobacter and shigella infections, chlamydia, myoplasmal and ureoplasmal infections, trichomoniasis and chancroid.

   G.   Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

   H.   Numerous studies and reports have determined that bodily fluids are found in the areas of sexually oriented businesses where persons view "adult" oriented films.

   I.   The presence of sexually oriented businesses can have an adverse effect on residential neighborhoods, neighborhood children and community improvement efforts.

   J.   The findings noted in subsections A through I of this section raise substantial governmental concerns.

   K.   Sexually oriented businesses have characteristics that tend to have secondary adverse effects on surrounding property and should be reasonably regulated in order to protect those substantial governmental concerns.

   L.   Zoning is an appropriate mechanism to minimize the impact of sexually oriented businesses and provide a reasonable alternate avenue of communication for sexually oriented businesses. Further, zoning permits sexually oriented businesses to be located in areas consistent with the health, safety and welfare of the community and citizens of the village. It is appropriate to require reasonable limitations on the location of sexually oriented businesses.

   M.   The general welfare, health, morals and safety of the citizens of the village will be promoted by the enactment of this article. (Ord. O-57-07, 11-26-2007; amd. Ord. O-20-22, 5-9-2022)

For the purposes of this article, the following words and phrases shall be defined as follows:

   ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".

   ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

   A.   Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, videocassettes or video reproductions, slides, or other visual representations that are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas"; or

   B.   Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities".

A principal business purpose exists if materials offered for sale or rental depicting or describing "specified sexual activities" or "specified anatomical areas" generate twenty percent (20%) or more of the business's income, or account for twenty percent (20%) or more of inventory, or occupy twenty percent (20%) or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas".

   ADULT CABARET: A nightclub, bar, restaurant, cafe, or similar commercial establishment that regularly, commonly, habitually, or consistently features:

   A.   Persons who appear in a state of nudity or seminudity; or

   B.   Live performances that are distinguished or characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

   C.   Films, motion pictures, videocassettes, slides, photographic reproductions, or other image producing devices that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

   D.   Persons who engage in "exotic" or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

   ADULT MOTEL: A hotel, motel or similar commercial establishment that:

   A.   Offers accommodation to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and advertises the availability of such material by means of a sign visible from the public right of way, or by means of any off premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

   B.   Offers a sleeping room for rent for a period of time that is less than twenty four (24) hours; or

   C.   Allows a tenant or occupant of a sleeping room to subrent the sleeping room for a period of time that is less than twenty four (24) hours.

   ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

   ADULT THEATER: A theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or seminudity, and/or live performances that are distinguished or characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".

   ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

   ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

   ESTABLISHMENT: Means and includes any of the following:

   A.   The opening or commencement of any sexually oriented business as a new business;

   B.   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

   C.   The addition of any sexually oriented business to any other existing sexually oriented business;

   D.   The relocation of any sexually oriented business; or

   E.   A sexually oriented business or premises on which the sexually oriented business is located.

   LIVE THEATRICAL PERFORMANCE: A play, skit, opera, ballet, concert, comedy, or musical drama.

   NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.

   NUDITY OR A STATE OF NUDITY: The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity.

   PREMISES: The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to section 3-11-5 of this code.

   SEMINUDE OR SEMINUDITY: The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.

   SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

   A.   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

   B.   Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.

A principal business purpose exists if the services offered are intended to generate business income.

   SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

   SPECIFIED ANATOMICAL AREAS:

   A.   The human male genitals in a discernibly turgid state, even if fully and opaquely covered;

   B.   Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

   SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following:

   A.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;

   B.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

   C.   Masturbation, actual or simulated; or

   D.   Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition. (Ord. O-57-07, 11-26-2007)

Sexually oriented business uses are classified as follows:

   A.   Adult arcades; or

   B.   Adult bookstores or adult video stores; or

   C.   Adult motels; or

   D.   Adult motion picture theaters; or

   E.   Adult theaters; or

   F.   Adult cabarets; or

   G.   Escort agencies; or

   H.   Nude model studios; or

   I.   Sexual encounter centers. (Ord. O-57-07, 11-26-2007)

   A.   Sexually oriented businesses shall be permitted only in the sexually oriented business overlay district. The sexually oriented business overlay district shall be that portion of the I-2 industrial district located south of Greenburg Road, east of Des Plaines Avenue, north of the boundary of Woodlawn cemetery and west of the village's eastern corporate limits described as follows:

Lots 2 thru 17 inclusive in Forest Park Industrial Center Inc. Resubdivision, being a subdivision in the south half of Section 24, Township 39 North, Range 12 East of the Third Principal Meridian, according to the plat thereof recorded June 16, 1969 as document no. 20872980 in Cook County, Illinois; EXCEPT the East 24.15 feet of said Lot 2 thereof; ALSO EXCEPT that part of Lot 3 in said Forest Park Industrial Center Inc. Resubdivision lying west of the west line of the East 307.50 feet thereof; ALSO EXCEPT the west 65.03 feet of said Lot 17 thereof.

Lots A, B and C in Ironworker's Resubdivision, being a subdivision in the Southwest Quarter of Section 24, Township 39 North, Range 12 East of the Third Principal Meridian, according to the plat thereof recorded November 14, 1988 as document no. 88525151 in Cook County, Illinois.

The Southwest Quarter of the Northeast Quarter of Section 24, Township 39 North, Range 12 East of the Third Principal Meridian in Cook County, Illinois; EXCEPT the east 33.00 feet thereof.

   B.   The boundaries of the sexually oriented business overlay district shall be depicted on the official zoning map of the village as provided in section 9-2-2 of this title.

   C.   A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business that is classified in accordance with section 9-5C-4 of this article.

   D.   For purposes of subsection A of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the school, daycare center, public park, forest preserve, public housing, place of religious worship or residential lot.

   E.   For purposes of subsection A of this section, the distance between any two (2) sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (Ord. O-57-07, 11-26-2007)

A sexually oriented business shall not be allowed as a special use in any zoning district. (Ord. O-57-07, 11-26-2007)

The regulations of the sexually oriented business overlay district shall supplement and are in addition to the regulations of the I-2 industrial district. In case of conflict between the regulations of the I-2 industrial district and the regulations of the sexually oriented business overlay district, the regulations of the sexually oriented business overlay district shall prevail. (Ord. O-57-07, 11-26-2007)

   A.   A sexually oriented business that is an adult entertainment facility, as that phrase is defined in section 11-5-1.5 of the Illinois municipal code 1 , shall not be located in violation of the locational restrictions set forth in said section 11-5-1.5 of the Illinois municipal code 2 , as amended, provided that if any locational restriction of said section, or the application thereof to any person or circumstance is held to be invalid, a sexually oriented business that is an adult entertainment facility shall be located in compliance with subsection B of this section.

   B.   A sexually oriented business that is not an adult entertainment facility, as that phrase is defined in section 11-5-1.5 of the Illinois municipal code 3 , shall not be located within:

      1.   Five hundred feet (500') of a school, daycare center, public park, forest preserve, public housing, place of religious worship; or

      2.   Five hundred feet (500') of the property line of a lot zoned for residential use and devoted to a residential use as defined in the zoning code.

   C.   A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business that is classified in accordance with section 9-5C-4 of this article.

   D.   For purposes of subsections A and B of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the school, daycare center, public park, forest preserve, public housing, place of religious worship or residential lot. (Ord. O-57-07, 11-26-2007)

Sexually oriented businesses shall provide five (5) off street parking spaces for every one thousand (1,000) square feet of gross floor area. (Ord. O-57-07, 11-26-2007)

   A.   Any business lawfully operating on the effective date hereof that is in violation of the locational or structural configuration requirements of this article shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within five hundred feet (500') of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operated at a particular location is the conforming use and the later established business(es) is nonconforming.

   B.   A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a school, daycare center, public park, forest preserve, public housing, place of religious worship or residential lot within five hundred feet (500') of the sexually oriented business. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after an operator's license has expired or has been revoked. (Ord. O-57-07, 11-26-2007)

Signs not indicating a bona fide business conducted or a product sold on the same premises, which are permitted and regulated pursuant to section 4.04 of the highway advertising control act of 1971, as amended, shall be permitted if authorized by a conditional use provided that:

   A.   No such sign shall be constructed or erected on any zoning lot in the R-1, R-2, R-3, B-1, B-2, or DBD district.

   B.   Such signs shall only be located in an I-1 or I-2 district and within six hundred sixty feet (660') of the right of way of a highway designated by the Illinois department of transportation, and approved by the United States department of transportation, as a part of the national system of interstate and defense highways of the federal aid primary system, and such signs must be visible from the main traveled way of such highway.

   C.   Such signs shall comply with all of the requirements of the Illinois highway advertising control act of 1971, as amended, except where this section imposes more restrictive requirements, in which case such signs shall comply with the more restrictive requirements of this section.

   D.   Such signs, if approved, shall be contingent upon the approval and receipt of a current and validly issued Illinois department of transportation permit.

   E.   Not more than one such sign shall be constructed or erected on any one subdivided lot of record.

   F.   Such signs shall not exceed the height restrictions of the district in which it is located.

   G.   Total surface area shall not exceed one thousand two hundred (1,200) square feet per face or two thousand four hundred (2,400) total square feet for a double faced sign.

   H.   No part of the sign shall be located within five feet (5') of any property line.

   I.   Such signs must meet the spacing requirements as required by the Illinois highway advertising control act.

   J.   No portion of such signs shall be allowed within one hundred feet (100') of a residential property line. This distance shall be measured at ground level from a line perpendicular to the closest part of the billboard to the residential property line. (Ord. O-18-12, 5-14-2012)