The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Adult entertainment cabaret means a public or private establishment which (i) features topless dancers, strippers, male or female impersonators; (ii) not infrequently features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in or are engaged in explicit simulation of "specified sexual activities."

Adult motion picture theater means a building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult use means adult bookstores, adult motion picture theaters, adult entertainment cabarets and other similar uses.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock, female breasts below a point immediately above the top of the areola; and human genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means human genitals in the state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse of sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

(Code 1985, § 38-17(A); Ord. of 1-12-1995)

No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use.

(Code 1985, § 38-17(B); Ord. of 1-12-1995)

Adult uses may be allowed, upon obtaining a special use permit, in a heavy manufacturing or light manufacturing district, provided:

(1)

No adult use shall be located within 1,000 feet of any property which is zoned or used for residences, churches, schools, parks or other adult use.

(2)

No adult use shall be permitted to operate within 300 feet of the centerline of U.S. Route 30.

(Code 1985, § 38-17(C); Ord. of 1-12-1995; Ord. No. 22-32, § 1, 9-27-2022)

(a)

No adult use shall operate even at those locations where they may be allowed pursuant to section 114-520 without first having obtained a special use permit pursuant to this chapter; however, the standards for special uses set forth therein shall not apply with regard to the application for a special use permit for an adult use. In their place, the standards set forth in subsection (b) of this section shall apply:

(b)

No adult special use permit shall be granted by the village board unless the board finds:

(1)

The design and operation of the facility will not adversely affect the public health and safety;

(2)

It will not cause substantial injury to the value of other property in the neighborhood in which it is located;

(3)

It will not unduly increase traffic congestion in the public streets and highways in the area in which it is located;

(4)

It will not cause additional public expense for fire or police protection;

(5)

It will not substantially increase the possibility of criminal acts against persons and properties within 500 feet of such proposed special use or against persons who regularly use such properties.

(Code 1985, § 38-17(D); Ord. of 1-12-1995)

The owner of a building or premises, his agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling a building or premises any part of which contains an adult use, shall register the following information with the village clerk:

(1)

The address of the property;

(2)

The name of the owner of the premises and names of the beneficial owners if the property is in a land trust;

(3)

The address of the owner and the beneficial owners;

(4)

The name of the business or establishment subject to the provisions of this article;

(5)

The names and addresses of the owner, beneficial owner or the major stockholders of the business or establishment subject to the provisions of this article;

(6)

The date of initiation of the adult use;

(7)

The nature of the adult use;

(8)

If the premises or building is leased, a copy of said lease must be attached.

(Code 1985, § 38-17(E); Ord. of 1-12-1995)

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

(Code 1985, § 38-17(F); Ord. of 1-12-1995)

Any adult use which existed lawfully, but which became nonconforming upon the adoption of the ordinance from which this article is derived, may be continued as hereinafter provided:

(1)

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

(2)

Failure to apply for a certificate of nonconformance within two months of the notice provided in subsection (1) of this section will require the amortization of the nonconformance within six months of the notice provided for in subsection (1) of this section.

(3)

Nonconformances that have applied for a certificate of nonconformance from the village clerk shall be discontinued within one year of the notice provided in subsection (1) of this section.

(Code 1985, § 38-17(G); Ord. of 1-12-1995)