Zoneomics Logo
search icon

Glen Carbon City Zoning Code

CHAPTER 9

INDUSTRIAL DISTRICTS

10-9A-1: PURPOSE:

The purpose of the IL light industrial district is to encourage the development and redevelopment of areas of the village which are designated as industrial by the village land use plan. The IL district is further intended to ensure high quality future development through the use of site plan approval procedures which provide for specific consideration of access, parking, drainage, landscaping and design factors. In addition to the permitted uses, other uses which would not normally be appropriate in the IL district may be allowed as special uses with conditions specified by the village board of trustees to safeguard the public health, safety, morals and welfare. (Ord. 96-21, 9-10-1996)

10-9A-2: PERMITTED USES:

The IL district is designed to allow considerable latitude in the range of light manufacturing and wholesale uses allowed. Permitted uses are listed according to the standard industrial classification (SIC) manual published by the office of management and budget, 1987 edition. The specific uses set forth herein taken from the 1987 SIC manual, are adopted by reference as specifically set forth herein and made a part of this article as if fully set out in this article. Three (3) copies of the 1987 SIC manual are on file in the office of the village clerk. If a particular use is not listed or within the same classification code as a listed permitted use, it is not allowed within the IL district. Buildings or structures may be erected, altered or used for one or more of the following: (Ord. 96-21, 9-10-1996; amd. 2001 Code)
   A.   Construction uses, including only the following:
      Building construction - general contractors and operative builders (all uses within SIC code 15).
      Construction – special trade contractors (all uses within SIC code 17).
      Heavy construction other than building construction – contractors (all uses within SIC code 16).
   B.   Manufacturing uses, including only the following:
      Apparel and other finished products made from fabrics and similar materials (all uses within SIC code 23).
      Bakery products (all uses within SIC code 205).
      Bottled and canned soft drinks and carbonated waters (all uses within SIC code 2086).
      Coating, engraving and allied services (all uses within SIC code 347).
      Converted paper and paperboard products, except containers and boxes (all uses within SIC code 267).
      Cutlery, hand tools and general hardware (all uses within SIC code 342).
      Electronic and other electrical equipment and components, except computer equipment (all uses within SIC code 36).
      Fabricated structural metal products (all uses within SIC code 344).
      Flat glass (all uses within SIC code 3211).
      Furniture and fixtures (all uses within SIC code 25).
      Glass and glassware, pressed or blown (all uses within SIC code 322).
      Glass products, made of purchased glass (all uses within SIC code 3231).
      Heating equipment, except electric and warm air; and plumbing fixtures (all uses within SIC code 343).
      Leather and leather products (all uses within SIC code 31).
      Machinery, except electrical (all uses within SIC code 35).
      Manufactured ice (all uses within SIC code 2097).
      Measuring, analyzing and controlling instruments; photographic, medical, and optical goods; watches and clocks (all uses within SIC code 38).
      Metal cans and shipping containers (all uses within SIC code 341).
      Metal forgings and stampings (all uses within SIC code 346).
      Millwork, veneer, plywood, and structural wood members (all uses within SIC code 243).
      Miscellaneous fabricated metal products (all uses within SIC code 349).
      Miscellaneous manufacturing industries (all uses within SIC code 39).
      Miscellaneous wood products (all uses within SIC code 249).
      Paperboard containers and boxes (all uses within SIC code 265).
      Pottery and related products (all uses within SIC code 326).
      Printing, publishing, and allied industries (all uses within SIC code 27).
      Rubber and miscellaneous plastics products (all uses within SIC code 30).
      Screw machine products, and bolts, nuts, screws, rivets and washers (all uses within SIC code 345).
      Textile mill products (all uses within SIC code 22).
      Wood buildings and mobile homes (all uses within SIC code 245).
      Wood containers (all uses within SIC code 244).
   C.   Transportation and communication uses, including only the following:
      Communication (all uses within SIC code 48 except communication towers).
      Local and suburban transit and interurban highway passenger transportation (all uses within SIC code 41).
      Motor freight transportation and warehousing (all uses within SIC code 42).
      Pipe lines, except natural gas (all uses within SIC code 46).
      Transportation services (all uses within SIC code 47).
      U.S. postal service (all uses within SIC code 43).
   D.   Electric, gas and sanitary services, including only the following:
      Irrigation systems (all uses within SIC code 4971).
   E.   Wholesale trade - durable goods, including only the following:
      Electrical goods (all uses within SIC code 506).
      Furniture and home furnishings (all uses within SIC code 502).
      Hardware, and plumbing and heating equipment and supplies (all uses within SIC code 507).
      Lumber and other construction materials (all uses within SIC code 503).
      Machinery, equipment, and supplies (all uses within SIC code 508).
      Miscellaneous durable goods (all uses within SIC code 509).
      Motor vehicles and automotive parts and supplies (all uses within SIC code 501).
      Professional and commercial equipment and supplies (all uses within SIC code 504).
   F.   Wholesale trade - nondurable goods, including only the following:
      Apparel, piece goods, and notions (all uses within SIC code 513).
      Beer, wine and distilled alcoholic beverages (all uses within SIC code 518).
      Books, periodicals, and newspapers (all uses within SIC code 5192).
      Drugs, drug proprietaries and druggists' sundries (all uses within SIC code 512).
      Flowers, nursery stock, and florists' supplies (all uses within SIC code 5193).
      Groceries and related products (all uses within SIC code 514).
      Miscellaneous nondurable goods, not elsewhere classified (all uses within SIC code 5199).
      Paper and paper products (all uses within SIC code 511).
      Tobacco and tobacco products (all uses within SIC code 5194).
   G.   Retail trade, including only the following:
      Furniture, home furnishings and equipment stores (all uses within SIC code 57).
      Gasoline service stations (all uses within SIC code 5541).
      Hardware stores (all uses within SIC code 525).
      Lumber and other building materials dealers (all uses within SIC code 521).
      Paint, glass and wallpaper stores (all uses within SIC code 523).
      Retail nurseries, lawn and garden supply stores (all uses within SIC code 526).
   H.   Services, including only the following:
      Automotive repair, services and garages (all uses within SIC code 75).
      Business services (all uses within SIC code 73).
      Laundry, cleaning and garment services (all uses within SIC code 721).
      Miscellaneous repair services (all uses within SIC code 76).
   I.   Amusement and recreation services, including only the following:
      Commercial sports (all uses within SIC code 794).
      Miscellaneous amusement and recreation services (all uses within SIC code 799).
   J.   Health services, including only the following:
      Health and allied services (all uses within SIC code 809).
      Medical and dental laboratories (all uses within SIC code 807).
   K.   Educational services, including only the following:
      Correspondence schools and vocational schools (all uses within SIC code 824).
   L.   Research, development and testing services (all uses within SIC code 873).
   M.   Miscellaneous services (all uses within SIC code 89).
   N.   Public administration, including only the following:
      Executive, legislative and general government (all uses within SIC code 91).
      Fire protection (all uses within SIC code 9224).
      Police protection (all uses within SIC code 9221).
   O.   Utility uses:
      Minor public and private utilities, including substations, lift stations, water towers and similar uses. (Ord. 96-21, 9-10-1996)

10-9A-3: ACCESSORY USES AND STRUCTURES:

Uses and structures customarily accessory to a permitted use may be allowed. Except for limited quarters for night watchmen, no structure shall be used for residential purposes. (Ord. 96-21, 9-10-1996)

10-9A-4: SPECIAL USES:

Special uses may be allowed based on the provisions of section 10-16-4 of this title and the criteria in this section.
   A.   Utilities:
      Sewage treatment plants (all uses within SIC code 4952), as an accessory use only.
      Water supply storage (all uses within SIC code 4941).
   B.   Communication Towers: Communication towers based on the following criteria:
      1.   The height of the tower shall not exceed one hundred feet (100').
      2.   The tower shall be set back from property lines a minimum of one foot (1') for every foot of tower height.
      3.   Owners and operators of every communication tower approved after the effective date of this title shall provide for the collocation of other communications providers on their tower for reasonable compensation.
      4.   Prior to approval of a communication tower by the village board of trustees, the applicant shall document his efforts to locate his antenna on an existing communication tower within the village or in close proximity to the village. Such documentation shall also indicate why collocation on any existing tower is not feasible.
      5.   Additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the village. (Ord. 96-21, 9-10-1996)
   C.   Medical Cannabis Cultivation Center: Medical cannabis cultivation center operating in strict compliance with the compassionate use of medical cannabis pilot program act 1 , as amended, and the regulations promulgated thereunder and that also meet the following additional requirements:
      1.   The cultivation center must be currently registered with the Illinois department of agriculture (or a successor agency) and be in good standing.
      2.   A cultivation center may not be located within two thousand five hundred feet (2,500') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home (licensed or unlicensed), group daycare home, part day childcare facility or an area zoned for residential use.
      3.   Any marijuana business may not be located closer than one thousand feet (1,000') to any property line for a parcel or tract of land utilized for any marijuana business or use.
      4.   A cultivation center may not receive any incentives from a tax incrementally financed (TIF) district. A cultivation center may not receive any development incentive under the auspices of an enterprise zone.
      5.   For the purposes of boundary determination, measurement shall be taken from nearest parcel boundary lines.
      6.   Facility must be a freestanding structure not occupied by any other business or tenant, or used for any other purpose other than a medical cannabis cultivation center.
      7.   Medical cannabis inventory and cannabis infused products may not be displayed or stored in an area accessible to the public. Medical cannabis products and plants may not be visible from the exterior of the facility.
      8.   A cultivation center shall have appropriate security measures, in accordance with state regulations and the request of the village, to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis. Said measures may be required by the village in excess of those measures required by the act.
      9.   All cultivation of cannabis must take place in an enclosed, locked facility. The cultivation center location shall only be accessed by the cultivation center agents working for the registered cultivation center, department of agriculture staff performing inspections, department of public health staff performing inspections, law enforcement or other emergency personnel, and contractors working on jobs unrelated to medical cannabis, such as installing or maintaining security devices or performing electrical wiring.
      10.   The director of community development shall review the adequacy of lighting, security and video surveillance installations with assistance from local law enforcement officials. The administrator or the police chief has the discretion to conduct periodic review of security features as appropriate.
      11.   All cultivation centers shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, the facility shall be ventilated with a system for odor control.
      12.   Loading of product shall occur within secure enclosed bays and shall not be visible from the exterior of the facility. Enclosed bay must provide comprehensive video surveillance of the event.
      13.   Exterior signage shall comply with the sign ordinance, all current state laws and the following requirements of this subsection C13 which specifically applies to cultivation centers:
         a.   All commercial signage for a dispensary and/or cultivation center shall be limited to one flat wall sign not to exceed ten (10) square feet in area which states the name of the business only, and one identifying sign which states the address and phone number only, not to exceed two (2) square feet in area; such signs shall not be illuminated. Exterior signs on the dispensary and/or cultivation center building shall not obstruct the entrance or windows on the dispensary and/or cultivation center.
         b.   Electronic message boards and temporary signs are not permitted in connection with a dispensary and/or cultivation center.
         c.   Vehicles containing signage and/or advertising pertaining to a dispensary and/or cultivation center facility, shall not be parked anywhere on the facility site.
         d.   Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented toward youth, or language referencing cannabis in any form.
         e.   The following signage shall be posted in a conspicuous place at or near all parking and building entrances and shall include the following language:
            (1)   Only cardholders, designated caregivers, and staff may enter these premises. Persons under the age of 18 are prohibited from entering.
            (2)   The interior and exterior of these premises are under constant live video feed to the Illinois State Police and the Glen Carbon Police Department.
The required text shall be no larger than one inch (1") in height with a total signage area not to exceed two (2) square feet.
      14.   The exterior and interior of the building must be under constant video surveillance and the ability for the village to view said live video feed must be made available to the Glen Carbon police upon request by the police chief.
A sign shall be posted in a prominent location which includes the following language:
THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE.
      15.   Any special use granted for a medical cannabis cultivation center shall not run with the land, but shall instead terminate upon any change in ownership or upon abandonment of the use by the owner who received the special use for a period in excess of one hundred eighty (180) days. Said special use will terminate immediately upon expiration of the compassionate use of medical cannabis pilot program act 2 , as amended, and all regulations promulgated thereunder.
   D.   Medical Cannabis Dispensary: Medical cannabis dispensary organization operating in strict compliance with the compassionate use of medical cannabis pilot program act 3 , as amended, and the regulations promulgated thereunder, and that also meet the following additional requirements:
      1.   The dispensary must be currently registered with the Illinois department of financial and professional regulation (or a successor agency) and be in good standing.
      2.   A dispensary may not be located within one thousand feet (1,000') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home (licensed or unlicensed), group daycare home, part day childcare facility or other dispensary. A registered dispensing organization may not be located in a house, apartment or condominium.
      3.   A dispensary may not be located within one hundred feet (100') of the property line of a preexisting area zoned for residential use.
      4.   Any marijuana business may not be located closer than one thousand feet (1,000') to any property line for a parcel or tract of land utilized for any marijuana business or use.
      5.   A dispensary may not receive any incentives from a tax incrementally financed (TIF) district or enterprise zone.
      6.   For the purposes of boundary determination, measurement shall be taken from nearest parcel boundary lines.
      7.   A dispensary may not be located in the offices of a physician.
      8.   Facility must be a freestanding structure not occupied by any other business or tenant, or used for any other purpose other than a medical cannabis dispensary.
      9.   Medical cannabis inventory and cannabis infused products may not be displayed or stored in an area accessible to the public. Medical cannabis products may not be visible from the exterior of the facility.
      10.   A dispensary may be open to the public between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. on any day of the week, including holidays.
      11.   The director of community development shall review the adequacy of lighting, security and video surveillance installations with assistance from local law enforcement officials. The administrator or the police chief has the discretion to conduct periodic review of security features as appropriate.
      12.   Loading of product shall occur within secure enclosed shipping bays and shall not be visible from the exterior of the facility. Enclosed bay must provide comprehensive video surveillance of the event.
      13.   A dispensary may not utilize amplified music outdoors.
      14.   Cannabis or cannabis infused products may not be consumed on the site of a dispensary and entrances to the parking lots and the facility shall be posted with a sign no greater than two (2) square feet that reads:
Consumption or use of any Cannabis or Cannabis infused product on this site is prohibited by state law.
      15.   A dispensary shall have appropriate security measures, in accordance with state regulations, and the request of the village, to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis. Said measures may be required by the village in excess of those measures required by the act.
      16.   The exterior and interior of the building must be under constant video surveillance and the ability for the village to view said live video feed must be made available to the Glen Carbon police upon request by the police chief.
A sign shall be posted in a prominent location which includes the following language:
THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE.
      17.   Exterior signage shall comply with the sign ordinance, all current state laws and the following requirements of this subsection D17 which specifically applies to dispensaries:
         a.   All commercial signage for a dispensary and/or cultivation center shall be limited to one flat wall sign not to exceed ten (10) square feet in area which states the name of the business only, and one identifying sign which states the address and phone number only, not to exceed two (2) square feet in area; such signs shall not be illuminated. Exterior signs on the dispensary and/or cultivation center building shall not obstruct the entrance or windows on the dispensary and/or cultivation center.
         b.   Electronic message boards and temporary signs are not permitted in connection with a dispensary and/or cultivation center.
         c.   Vehicles containing signage and/or advertising pertaining to a dispensary and/or cultivation center facility, shall not be parked anywhere on the facility site.
         d.   Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented toward youth, or language referencing cannabis in any form.
         e.   The following signage shall be posted in a conspicuous place at or near all parking and building entrances and shall include the following language:
            (1)   Only cardholders, designated caregivers, and staff may enter these premises. Persons under the age of 18 are prohibited from entering.
            (2)   The interior and exterior of these premises are under constant live video feed to the Illinois State Police and the Glen Carbon Police Department.
The required text shall be no larger than one inch (1") in height with a total signage area not to exceed two (2) square feet.
         f.   Any additional merchandise packaging provided by a dispensary, such as bags, sacks, totes or boxes, shall be opaque without text or graphics advertising or identifying the contents of the products contained within.
      18.   A dispensary may not serve its patrons by use of a drive- through window, corridor or any other manner of service not directly contained within the conditioned building. The facility may not contain provisions for such service.
      19.   A dispensary shall post that solicitation or loitering is prohibited on the property.
      20.   Any special use granted for a medical cannabis dispensary shall not run with the land, but shall instead terminate upon any change in ownership or upon abandonment of the use by the owner who received the special use for a period in excess of one hundred eighty (180) days. Said special use will terminate immediately upon expiration of the compassionate use of medical cannabis pilot program act 4 , as amended, and all regulations promulgated thereunder.
   E.   Retail (Recreational) Marijuana Establishment: "Retail (recreational) marijuana establishment" means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturing facility, or a retail marijuana testing facility; and said facility shall operate in strict compliance with state law, as amended, and the regulations promulgated thereunder and that also meet the following additional requirements:
      1.   The retail marijuana establishment must be currently registered with the required state agency(ies) and be in good standing.
      2.   A retail marijuana establishment may not be located within two thousand five hundred feet (2,500') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home (licensed or unlicensed), group daycare home, part day childcare facility or an area zoned for residential use.
      3.   A retail marijuana establishment may not be located closer than one thousand feet (1,000') to any property line for a parcel or tract of land utilized for any medical marijuana business or retail marijuana establishment or use.
      4.   A retail marijuana establishment may not receive incentives from a tax increment finance (TIF) district. A retail marijuana establishment may not receive any development incentive under the auspices of an enterprise zone.
      5.   For the purposes of boundary determination, measurement shall be taken from nearest parcel boundary lines.
      6.   Facility must be a freestanding structure not occupied by any other business or tenant, or used for any other purpose other than a retail marijuana establishment center.
      7.   Retail marijuana establishment inventory and cannabis infused products may not be displayed or stored in an area accessible to the public. Cannabis products and plants may not be visible from the exterior of the facility.
      8.   A retail marijuana establishment shall have appropriate security measures, in accordance with state regulations and the request of the village, to deter and prevent the theft of cannabis and unauthorized entrance into any area containing cannabis. Said measures may be required by the village in excess of those measures required by the act.
      9.   All cultivating, manufacturing, and testing of cannabis must take place in an enclosed, locked facility. The retail marijuana establishment location shall only be accessed by the retail marijuana establishment agents working for the registered retail marijuana establishment, state agency staff performing inspections, law enforcement or other emergency personnel, and contractors working on jobs unrelated to cannabis, including, but not limited to, installing or maintaining security devices or performing electrical wiring.
      10.   The director of community development shall review the adequacy of lighting, security and video surveillance installations with assistance from local law enforcement officials. The administrator or the police chief has the discretion to conduct periodic review of security features as appropriate.
      11.   Cannabis and cannabis infused products may not be consumed on the site of a retail marijuana establishment and entrances to the parking lots and the facility shall be posted with a sign no greater than two (2) square feet that reads:
Consumption or use of any Cannabis product on this site is prohibited by state law.
      12.   All retail marijuana establishments shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, the facility shall be ventilated with a system for odor control.
      13.   Loading of product shall occur within secure enclosed bays and shall not be visible from the exterior of the facility. Enclosed bay must provide comprehensive video surveillance of the event.
      14.   Exterior signage shall comply with the sign ordinance, all current state laws and the following requirements of this subsection E14 which specifically applies to retail marijuana establishments:
         a.   All commercial signage for a retail marijuana establishment shall be limited to one flat wall sign not to exceed ten (10) square feet in area which states the name of the business only, and one identifying sign which states the address and phone number only, not to exceed two (2) square feet in area; such signs shall not be illuminated.
         b.   Electronic message boards and temporary signs are not permitted.
         c.   Vehicles containing signage and/or advertising pertaining to a retail marijuana establishment, shall not be parked anywhere on the retail marijuana establishment site.
         d.   Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented toward youth, or language referencing cannabis in any form.
         e.   The following signage shall be posted in a conspicuous place at or near all parking and building entrances and shall include the following language:
The interior and exterior of these premises are under constant live video feed to the Illinois State Police and the Glen Carbon Police Department.
The required text shall be no larger than one inch (1") in height with a total signage area not to exceed two (2) square feet.
      15.   The exterior and interior of the building must be under constant video surveillance and the ability for the village to view said live video feed must be made available to the Glen Carbon police department upon request by the police chief. A sign shall be posted in a prominent location which includes the following language:
THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE.
      16.   Any special use granted for a retail marijuana establishment shall not run with the land, but shall instead terminate upon any change in ownership or upon abandonment of the use by the owner who received the special use for a period in excess of one hundred eighty (180) days. (Ord. 96-21, 9-10-1996; amd. Ord. 2015-6, 3-10-2015; Ord. 2025-19, 5-27-2025)

10-9A-5: SITE PLAN REQUIRED:

Site plan approval by the planning and zoning commission shall be required for all proposed developments within the IL industrial district as provided for in chapter 13 of this title. (Ord. 96-21, 9-10-1996)

10-9A-6: DIMENSIONAL REGULATIONS:

   A.   Lot Standards:
      1.   Minimum lot size: 10,000 square feet.
      2.   Minimum lot width: 100 feet.
      3.   Minimum lot depth: 100 feet.
   B.   Yards:
      1.   Minimum front yard: 30 feet.
      2.   Minimum side yard: None, unless the side of the lot abuts land zoned residential, in which case, there shall be a side yard of at least ten feet (10'). If a side yard is not required but is provided, however, it shall be at least ten feet (10') in width.
      3.   Minimum rear yard: None, unless the rear of the lot abuts land zoned residential, in which case, there shall be a rear yard of at least twenty five feet (25'). If a rear yard is not required but is provided, however, it shall be at least ten feet (10') in depth.
   C.   Maximum Building Coverage: 50 percent.
   D.   Maximum Building Height: 60 feet or 3 stories.
   E.   Minimum District Size: 5 acres.
   F.   Filling Station Pumps: Must be set back fifteen feet (15') from any street line, twenty five feet (25') from any side or rear lot line, and fifty feet (50') from any residentially zoned land.
   G.   Screening Required: Any lot in the IL district which is proposed for development or redevelopment and is located adjacent to a residentially zoned lot or adjacent to a street shall provide screening along the lot line that abuts the adjacent residentially zoned lot or street. The screening shall be in the form of evergreen plant material and/or a decorative wall a minimum of four feet (4') in height. Such screening shall be reviewed and approved by the planning and zoning commission who may require the screen to be up to six feet (6') high between any industrially zoned lot and an adjacent residentially zoned lot. (Ord. 96-21, 9-10-1996)

10-9B-1: PURPOSE AND FINDINGS:

   A.   It is the purpose of this article to regulate 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 location and concentration 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 of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor 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.
   B.   Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the village board of trustees, and on findings related in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap-92s A.M., TDA-93 Kandyland-94, 529 U.S. 277 (2000), City of Los Angeles v. Alameda Books, Inc., 121 S. Ct. 1223 (2001), Northend Cinema, Inc. v. City of Seattle, 90 Wash.2d 709 (1978), City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Barnes v. Glen Theatre Inc., 501 U.S. 560, and studies in "Report To The American Center For Law And Justice On The Secondary Impact Of Sex Oriented Business", Environmental Research Group, March 31, 1996, "Report Of The Attorney General's Working Group On The Regulation Of Sexually Oriented Business", Hubert H. Humphrey, III, attorney general for the state of Minnesota, June 6, 1989, and "Appendix D. Summaries Of Secondary Effects Reports", preface to the second edition, community defense counsel, the village board of trustees finds:
      1.   Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
      2.   Certain employees of sexually oriented businesses defined in this article as adult theaters and cabarets engage in a higher incidence of certain types of illicit sexual behavior than employees of other establishments.
      3.   Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows.
      4.   Offering and providing such space encourages such activities, which creates unhealthy conditions.
      5.   Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
      6.   At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.
      7.   Since 1981, and to the present, there has been an increasing cumulative number of persons testing positive for the HIV antibody test.
      8.   The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
      9.   According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
      10.   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.
      11.   Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.
      12.   Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
      13.   Reasonable zoning and licensing procedures are appropriate mechanisms to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such procedures will place an incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the village. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
      14.   The general welfare, health, and safety of the citizens of the village will be promoted by the enactment of this article.
      15.   The findings noted in subsections B1 through B14 of this section raise substantial governmental concerns.
      16.   The findings and opinions of the cases and studies as related in the opening of this subsection B are the findings of the village board of trustees as if set forth verbatim herein. (Ord. 2007-17, 7-24-2007)

10-9B-2: APPLICABILITY:

Notwithstanding any other provision in this title (zoning code) or in this code, adult entertainment businesses shall only be allowed pursuant to a special use permit and only in IL (light industrial districts) zoned districts in the village. Adult entertainment businesses, or businesses that engage in adult entertainment business activities, shall not be issued nor allowed to maintain the license necessary under this code for the sale of liquor in any of its forms. Moreover, no liquor, in any of its forms, shall be allowed on the premises of any adult entertainment business, or any business that engages in adult entertainment business activities. (Ord. 2012-9, 3-13-2012)

10-9B-3: DEFINITIONS:

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this article shall govern the construction, meaning, and application of words and phrases used in this article.
ADULT ARCADE: Any room or area to which the public may gain admittance that also contains individual areas or stations or booths, where, for money or any other form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, videocassettes, slides, or other photographic reproduction of sexual activities or sexual areas as defined herein may be viewed.
ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE: Any commercial establishment that does not otherwise qualify as an adult theater or nonprofit free lending library, and
   A.   Has five percent (5%) or more of its stock on the premises, or has five percent (5%) or more of its stock on display, in stores, periodicals, photographs, drawings, sculptures, motion pictures, films, videocassettes, video reproductions, DVDs, slides or other visual representations which depict nudity, sexual activities, sexual areas or sadomasochistic abuse, sexual excitement;
   B.   Has on the premises one or more mechanical devices intended for viewing such materials as described in the definition of Adult Arcade; or
   C   .Has for sale, rental, or display any instruments, devices or paraphernalia which are designed for use in connection with sexual activities.
ADULT ENTERTAINMENT BUSINESS: Any enterprise which features, for money or any other form of consideration one or more of the following:
   A   .Adult live entertainment;
   B.   An adult motion picture theater;
   C.   An adult arcade;
   D.   An adult bookstore, adult novelty store, or adult video store;
   E   .A cabaret; or
   F.   An adult motel.
ADULT LIVE ENTERTAINMENT: A person appearing nude in or during a live entertainment performance.
ADULT LIVE ENTERTAINMENT PERFORMANCE AREA: An area where adult live entertainment shall occur.
ADULT MOTEL: A motel, or similar commercial establishment which:
   A.   Offers accommodations to the public for any form of consideration that provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of nudity or sexual activities or sexual areas and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
   B   .Offers rooms for rent for an hourly, or less than hourly, rate of time period.
ADULT MOTION PICTURE THEATER: A building or structure used for presenting visual media or material distinguished or characterized by an emphasis on matter depicting or describing nudity, sexual activities or sexual areas for observation by patrons therein, and which has been given an X rating by the Motion Picture Association of America.
APPLICANT: Any person who applies for an adult entertainment business special use permit.
CABARET: An establishment that provides entertainment by live entertainers that are nude or in a state of nudity.
ENTERTAINER: Any person who provides adult live entertainment in an adult entertainment business, whether or not a fee is charged or accepted for such entertainment.
MANAGER: Any person who manages, directs, supervises, administers, or is in charge of the affairs and/or the conduct of an adult entertainment business.
MUNICIPAL CODE: The village of Glen Carbon municipal code adopted by the village board of trustees of Glen Carbon on July 10, 2001, as revised and amended.
NUDE, NUDITY, OR STATE OF NUDITY: The appearance or less than complete or opaque covering of the anus, genitals, pubic region, buttocks, or areola of the female breast, or any artificial depiction of the same.
OBSCENE: An activity or material that, taken as a whole, lacks serious literary, artistic, political, or scientific value, and
   A.   Taken as a whole by an average person applying contemporary community standards, appeals to a prurient interest in sex; and
   B.   Taken as a whole by an average person applying contemporary community standards, depicts patently offensive representations of:
      1.   Ultimate sexual acts, normal or perverted, actual or simulated; or
      2.   Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or
      3.   Violent or destructive sexual acts, including, but not limited to, human or animal mutilation, dismemberment, rape, or torture.
OWNER: The sole proprietor, significant stockholder, general partner, or significant limited partner of any adult entertainment business.
PERSON: Any natural person; firm; joint venture, including all participants; partnership, including all partners; association, social club, or fraternal organization, including all officers and directors; corporation, including all officers, directors and significant stockholders; estate; trust; business trust; receiver; or any other group or combination acting as a unit.
SEXUAL ACTIVITY: Any one or more of the following:
   A.   The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, female breasts, or artificial depiction of the same;
   B.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
   C.   Masturbation, actual or simulated;
   D.   Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition.
SEXUAL AREA: The genitalia, pubic area, buttocks, or anus of any person and the breasts of any female person.
SIGNIFICANT LIMITED PARTNER: Any person who owns twenty percent (20%) or greater interest in an adult entertainment business.
SIGNIFICANT STOCKHOLDER: Any person who owns twenty percent (20%) or greater stock interest in an adult entertainment business.
VILLAGE: The village of Glen Carbon, Illinois.
VILLAGE BOARD: That corporate body as provided for in title 1, chapter 6 of this code. (Ord. 2007-17, 7-24-2007)

10-9B-4: CONDITIONS OF USE:

   A.   Before issuance of any special use permit for any adult entertainment business, the village board of trustees shall refer the proposed application to the planning and zoning commission, which shall be given sixty (60) days in which to make a report and recommendation as to whether such permit shall issue after the consideration of the criteria set forth in this section and section 10-9B-5 of this article. The planning and zoning commission's sixty (60) day time period to make a report and recommendation shall commence upon the delivery of the completed application. The completed application will be deemed "delivered" when the director of community development advises the applicant, in writing, that said application is complete. No action shall be taken upon any application for a special use permit until and unless the report of the planning and zoning commission has been filed, provided that if no report is received from the planning and zoning commission within sixty (60) days and unless an extension of time has been granted by the village board of trustees, it shall be assumed that approval of the application has been given by the planning and zoning commission.
   B.   In the case of any adult entertainment business, the following special conditions shall apply:
      1.   Measurement Of Distances: For the purposes of this article, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the premises upon which the adult entertainment business is located to the nearest property line of the areas stated.
      2.   Proximity To Certain Places: No adult entertainment business shall be permitted within one thousand feet (1,000') of the property boundaries of any school, daycare center, cemetery, public park, forest preserve, public housing, or place of religious worship. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest point on any property line of the religious institution, school, or public park, or the property zoned for residential use.
      3.   Distance From Another Adult Entertainment Business: No adult entertainment business shall be allowed to locate or expand within two hundred fifty feet (250') of any other adult entertainment business. The distance between any two (2) adult entertainment businesses shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
      4.   Frontage: The property on which any adult entertainment business is located shall have a minimum of one hundred feet (100') of frontage on a public right of way.
      5.   Setbacks: The facility on which the use is located and the parking for such facility shall have a front yard setback of fifty feet (50'), a side yard setback of twenty five feet (25') and a rear yard setback of twenty five feet (25').
      6.   Off Street Parking: Off street parking shall be provided pursuant to section 10-13-1 of this title.
      7.   Landscaping And Screening: All landscaping and screening requirements otherwise required by section 10-12-1 and subsection 10-10-8A of this title shall be observed.
      8.   View From Outside Prohibited: The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No adult entertainment activity whatsoever shall take place outside the adult entertainment facility.
      9.   Signs: The facility in which such a use is located shall be limited to one wall mounted sign no greater than one square foot of sign per one foot (1') of wall length, not to exceed a total of twenty five (25) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roofline of the building. Said sign shall not exceed eight feet (8') in height from ground level. Further, no merchandise, symbol, or pictures of products or entertainment on the premises shall be displayed in window areas or on any sign or any area where such merchandise or pictures can be viewed from the exterior of the building. No flashing lights and/or lighting which leave the impression of motion or movement shall be permitted. No temporary signs shall be allowed.
      10.   Alcoholic Beverages Prohibited: No persons, including patrons, shall sell, or offer for sale, possess or display for sale, or permit the consumption of, within the corporate limits of the village, any alcoholic liquor upon the premises, including the parking lot area.
      11.   Hours Of Operation:
         a.   Open For Business: An adult entertainment business shall be permitted to remain open for business or allow or permit patrons or members to remain upon the premises between the hours of ten o'clock (10:00) A.M. to eleven thirty o'clock (11:30) P.M. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, and Sunday from one o'clock (1:00) P.M. until eleven thirty o'clock (11:30) P.M.
         b.   Restrictions: It shall be unlawful to keep open for business, to admit the public or permit patrons to remain within or upon the premises of an adult entertainment business other than the hours as set out in subsection B11a of this section. If any person, other than the persons excepted under subsection B11c of this section, is found to be within or upon the adult entertainment business more than fifteen (15) minutes after the required closing time, the person, along with the owner, manager or person in control of the adult entertainment business, will be subject to a violation of this subsection B11.
         c.   Exception: This subsection B11 does not apply to the owner, manager, or person in control of the adult entertainment business, or an employee who is performing cleaning or maintenance activities necessary for the operation of the establishment.
      12.   Age Restriction:
         a.   Under Twenty One: It shall be unlawful for any person under the age of twenty one (21) years of age to be permitted or allowed to enter, remain within or upon the premises in which an adult use is located.
         b.   Employees: It shall be unlawful for the owner, associate, member, representative, agent or employee of any adult entertainment business to employ in any capacity within the adult entertainment business any person who is under the age of twenty one (21).
         c.   Acceptable Identification: Only the following types of identification shall be accepted for the purposes of determining whether a person is old enough to enter an adult use establishment: vehicle operator's license, state photo identification card for nondrivers, visa or passport, and/or military identification card.
      13.   Parking Area Lighting: Lighting of the parking area shall conform to the requirements of section 10-13-3 of this title.
      14.   Inspection:
         a.   Right Of Entry: The village staff, police department and fire department shall have the authority to enter upon any premises upon which an adult entertainment business is located in order to enforce the ordinances of the village, laws of the state and any state or federal laws pertaining to the health, safety or welfare of the public to determine whether any such laws are being violated, and to examine the operations and facilities used upon the premises.
   C.   In addition to the provisions of subsections A and B of this section, no special use permit may be granted by the planning and zoning commission and the village board of trustees unless it finds that the special use:
      1.   Is necessary for the public convenience at that location or, in case of existing nonconforming uses, that a special use permit will not make the use less compatible with its surroundings;
      2.   Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;
      3.   Will not cause substantial injury to the value of other property in the neighborhood in which it is located;
      4.   Will not be detrimental to the essential character of the district in which it is located.
   D.   Every special use permit granted shall be accompanied by a finding of fact specifying the reason for granting such special use permit.
   E.   The village may revoke a special use permit under this article if the proposal for which a permit has been issued is not carried out pursuant to the approved site plan.
   F.   The approval or disapproval of any application by the planning and zoning commission and the village board of trustees may be appealed to the village zoning board of appeals. Such appeal shall be made within ten (10) days following approval or disapproval of the application and filed with the village clerk. The zoning board of appeals shall act on all such appeals within thirty (30) days of receipt of the appeal. (Ord. 2007-17, 7-24-2007; amd. Ord. 2025-19, 5-27-2025)

10-9B-5: SITE PLAN:

   A.   Each application for a special land use permit shall require the submission of an accompanying site plan.
   B.   Site plans submitted to the village for subsequent review by the village staff, planning and zoning commission and the village board of trustees shall:
      1.   Be prepared by registered design professionals licensed in the state of Illinois, such as architects, landscape architects, or engineers, with the appropriate seal affixed.
      2.   Be drawn to a scale of not more than one inch equals fifty feet (1" = 50'), and be accurate and readable so that the plan can be readily interpreted.
      3.   Include location map, north arrow, and plan scale.
      4.   State the subject site's zoning district, subdivision name, lot number, Madison County, Illinois, permanent parcel index number (PPIN), dimensions and area, and zoning of adjacent parcels where different from site.
      5.   State the name, address and telephone/fax number of the person or firm submitting the site plan and the person or firm who desires the review comments forwarded to them.
      6.   Identify abutting property owners, names, addresses, zip codes, and PPINs on site plan.
      7.   Include existing and proposed contour lines or elevations based on mean sea level datum at not more than five foot (5') intervals, unless otherwise waived by the village.
      8.   Include previous or concurrent village approvals for variances, rezonings, special land use permits, etc., with date and conditions, if applicable.
      9.   State the proposed use of the building and its construction type and setback distance (front, side and rear yards) from adjacent property lines.
      10.   Provide overall dimensions of all buildings and gross floor area of each building.
      11.   Provide architectural renderings of all sides of all buildings and structures.
      12.   State off street parking and loading spaces, required and proposed, including the number, size and location of those designated for the handicapped.
      13.   Delineate and dimension all areas utilized for driveways, storage and/or parking equipment, materials, and vehicles.
      14.   Include the type, location, height and illumination levels of parking area lighting standards in accordance with the village's requirements.
      15.   Delineate any proposed pavement markings, directional signage, or traffic control measures.
      16.   Provide dimensions of existing and proposed roadway pavement and right of way width for streets abutting the site.
      17.   Delineate and dimension all existing and proposed curb cuts and driveway openings.
      18.   Delineate all existing and proposed sidewalks and any other elements of a pedestrian circulation system.
      19.   Provide for the direction of drainage flow and location of catch basins for parking areas (if required).
      20.   Include a traffic study prepared by a registered traffic engineer.
      21.   Include a landscape plan, which may be drawn on a site plan or a separate sheet. The landscape plan shall be drawn to scale of not more than one inch equals fifty feet (1" = 50'). The plan shall, at a minimum, show the following information:
         a.   The location, approximate size, and common botanical name of existing and proposed trees and shrubs;
         b.   The locations and details of other landscape features, including earthen berms, fences, or walls.
      22.   Include the location of all existing and proposed water mains, gas mains, or other public utilities within or adjacent to the development, including delineation of easements or rights of way associated with same.
      23.   Delineate location of existing or proposed storm water detention facility sinkholes and springs, ponds, creeks, or other wetland areas.
      24.   Show proposed site drainage system designed in accordance with the requirements of Madison County soil and water conservation district and showing any proposed drainage swales, detention or retention areas, storm sewer systems, culverts and any other storm drainage improvements, including any off site improvements.
      25.   Include the delineation of FEMA designated floodplain and floodway boundaries, if any.
      26.   Include any proposed alteration, adjustment, or change in elevation of any floodplain or floodway as designated on the FEMA floodplain and floodway maps.
      27.   State the location, dimensions and identification of existing and proposed freestanding signs.
      28.   State the location, type and screening of refuse collection.
      29.   State the measurements from the building or property line, to any other structures or property lines, establishing compliance or noncompliance with this article. (Ord. 2007-17, 7-24-2007)