Marissa City Zoning Code
SUPPLEMENTARY REGULATIONS
§ 154.190 APPLICABILITY OF ARTICLE.
(A) This subchapter establishes lot and structure requirements and design/operational standards for specific, potentially troublesome structures and uses.
(B) These regulations apply in every zoning district where the specific structure or use is permitted or allowed by special use permit; but if more stringent regulations are applicable in any particular district, such regulations shall prevail.
(Prior Code, § 40-5-1)
§ 154.191 AGRICULTURAL ACTIVITIES.
(A) Farm animals. No barn, stable, shed, or other structure intended to shelter farm animals shall be erected closer than 300 feet to any existing dwelling, or closer than 200 feet to any lot line of residential property, whichever distance is greater. Similarly, fences shall be erected or other means shall be taken to prevent farm animals from approaching closer, than 300 feet to any existing dwelling, or closer than 200 feet to any lot line or residential property, whichever distance is greater.
(B) Farm equipment/commodities. No agricultural equipment or commodities (including, but not limited to, baled crops, fertilizer, and pesticides/herbicides) shall be stored outdoors closer than 300 feet to any existing dwelling, or closer than 200 feet to any lot line of residential property, whichever distance is greater. If said equipment/commodities are stored within a completely enclosed structure, said structure shall be located at least 100 feet from any lot line of residential property.
(Prior Code, § 40-5-2)
§ 154.192 BUFFER STRIPS, FENCES, WALLS, AND HEDGES.
Buffer strips, fences, walls, or hedges used for any purpose shall, in all districts, conform to the following.
(A) (1) Whenever a commercial, multi-family, or industrial district abuts a residential district or is across a street, alley, or similar obstacle from a residential district, a buffer strip of landscaping and/or other treatment shall be required. If a buffer strip is live landscaping, a temporary artificial screening shall be provided until such time as landscape screening reaches maturity. Width shall be 20 feet, except that between areas zoned “I” and the designated zones, the width shall be 30 feet.
(2) Where an existing SR-1 abuts a district requiring a buffer, the minimum setback from the buffer in that district requiring a buffer shall be ten feet, providing that a street does not come between the districts.
(B) No new permanent barbed wire or electrically charged fence less than eight feet in height shall be erected or maintained anywhere except in connection with agricultural uses; when the agricultural use abuts a property line or a public right-of-way, the use of such fencing shall require the issuance of a special use permit.
(C) No fence, wall, or other obstruction shall be erected on or within three feet of any alley or public right-of-way; temporary barricades shall require the written permission of the Zoning Administrator.
(D) No fence, wall, or other obstruction shall be erected in violation of the State Drainage Code (see 70 ILCS 605/2-1 through 2-13).
(E) No fence, wall, or other obstruction shall exceed eight feet in height in any district except the I-1 Industrial District where the maximum height shall not exceed ten feet; exemption, planting screen, in addition, in areas near street intersections, special height restrictions shall be applicable to fences, walls, or other obstructions (see § 154.030).
(F) No fence, wall, or other obstruction shall be erected in any front yard setback area, with the exception of landscape fences specifically approved by the Zoning Administrator (see the definition of “landscape fence” in § 154.007(B)).
(G) No fence, wall, or other obstruction shall be erected on a property line without the mutual consent of the abutting property owners; in such instances, an applicant for an initial certificate of zoning compliance shall include on the application a statement to the effect that abutting property owners are aware of the type and proposed location of the fence, wall or other obstruction to be erected and have given their written consent.
(H) No fence, wall, or other obstruction which completely encloses a lot shall be erected without the provision of a gate or similar type of moveable barrier for accessibility.
(Prior Code, § 40-5-3)
§ 154.193 HOME OCCUPATIONS.
(A) Limitations on use. A home occupation shall be considered a special use in any residence district; provided the home occupation is subject to the following limitations.
(1) The use shall be conducted entirely within a dwelling or permitted accessory building and carried on by the inhabitants living there, and no others.
(2) The use shall be clearly incidental and secondary to the use of the dwelling and dwelling purposes and shall not change the character of use as a dwelling.
(3) The total area used for the home occupation shall not exceed one-half the floor area of the user’s living unit.
(4) There shall be no exterior advertising other than identification of the home occupation by a sign which shall be attached to the dwelling or the accessory building and shall not exceed two square feet in area and which shall not be illuminated.
(5) There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation.
(6) There shall be no offensive noise, nor shall there be vibrations, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.
(7) There shall be no storage or use of toxic, explosive, or other dangerous or hazardous materials upon the premises.
(8) A home occupation, including studios or rooms for instruction, shall provide off-street parking area adequate to accommodate needs created by the home occupation.
(9) The use must be in conformance with all valid covenants and agreements recorded with the County Recorder of Deeds, covering the land underlying the dwelling.
(10) A home occupation permit may be issued for any use allowed by the Zoning Code, providing all other criteria for issuance of a home occupation permit are met. No home occupation permit shall be issued for any other use.
(B) Permit required. A home occupation shall not be permitted without a special use permit being granted by the Zoning Board of Appeals, which shall determine whether or not the proposed home occupation complies with all applicable laws and ordinances.
(1) The applicant for a home occupation permit shall be responsible for providing a list of surrounding landowners and tenants (see § 154.397).
(2) A hearing upon the application shall be held in accordance with the rules and regulations of the Zoning Board of Appeals.
(C) Activities not covered. No home occupation permit shall be required for activities, such as telecommuting, involving no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. As used in this section, TELECOMMUTING means working in the home by using a computer terminal connected by the telephone line to a central office or central computer.
(Prior Code, § 40-5-4)
§ 154.194 JUNK YARDS.
No part of any junk yard, which includes any lot on which three or more inoperable vehicles are stored, shall be located closer than 500 feet to the boundary of any residential district. All vehicles, parts, and equipment shall be stored within a completely enclosed structure or within an area screened by a wall, solid fence, or closely-planted shrubbery at least ten feet high and of sufficient density to block the view from adjacent property (see the definition of “junk yard” in § 154.007(B)).
(Prior Code, § 40-5-5)
§ 154.195 NURSING HOMES.
The lot on which any nursing home is situated shall have a minimum width and depth of 200 feet, and a minimum area of two acres. The principal building of any nursing home shall be located at least 25 feet from all lot lines.
(Prior Code, § 40-5-6)
§ 154.196 RECREATIONAL VEHICLES.
The regulations of this section do not apply to travel trailers or other recreational vehicles parked in a permitted travel trailer park that conforms to the pertinent requirements of the Mobile Housing Code. The requirements of paragraphs (A), (C), and (D) below do not apply to travel trailers or other recreational vehicles parked on a permitted recreational vehicle sales lot.
(A) Not more than two travel trailers or recreational vehicles shall be parked on any lot. They shall not be parked on a street.
(B) No travel trailer or other recreational vehicle shall be used as a dwelling.
(C) No travel trailer or other recreational vehicle shall be used as an office or for any other commercial purpose.
(D) Travel trailers or recreational vehicles shall be required to have setbacks as required for accessory buildings.
(E) No travel trailer or other recreational vehicle shall be parked on any front yard.
(F) No unlicensed mobile home may be located in a travel trailer or recreational vehicle park.
(Prior Code, § 40-5-7) Penalty, see § 154.999
§ 154.197 SERVICE STATIONS.
(A) All gasoline pumps and other service facilities shall be located at least 25 feet from any street right-of-way line, side lot line, or rear lot line.
(B) Every access way shall be located at least 200 feet from the principal building of any fire station, school, public library, church, park or playground, and at least 30 feet from any intersection of public streets. Every device for dispensing or selling milk, ice, soft drinks, snacks, and similar products shall be located within or adjacent to the principal building.
(C) All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.
(D) Whenever the use of a service station has been discontinued for 12 consecutive months or for 18 months during any three-year period, the Administrator shall order that all underground storage tanks be removed or filled with material approved by the Fire Chief. A permanent curb of at least four inches in height shall be provided between the public sidewalk and the gasoline pump island, parallel to and extending the complete length of the pump island.
(Prior Code, § 40-5-8)
§ 154.198 SWIMMING POOLS.
(A) No private swimming pool shall be located in any front yard or closer than eight feet to any side or rear lot line.
(C) All lights used to illuminate any swimming pool shall be arranged or shielded so as to confine direct light rays within the lot lines to the greatest extent possible (see Chapter 159).
(Prior Code, § 40-5-9) (Ord. 03-21, passed 11-17-2003)
§ 154.200 PUBLIC BUILDINGS.
In any district where municipally owned or other publicly owned buildings are permitted, the following additional requirements shall be met:
(A) In any residential or conservation district, all municipal or other publicly-owned buildings shall be located at least 25 feet from all property lines.
(B) In any residential, conservation, or business district, there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least six feet in height. Such storage areas, maintenance yards, or storage warehouses shall be located at least 25 feet from any front or side property line.
(Prior Code, § 40-5-10)
§ 154.201 CHURCHES AND HOUSES OF FORMAL WORSHIP.
The following restrictions shall apply to churches no matter if they are permitted uses or special uses.
(A) Lot size. The minimum size of the lot or tract shall be the minimum lot size of the corresponding zoning classification.
(B) Commercial and residential uses. No part of a church or building for religious worship or accessory building shall be used commercial or residential purposes, except that one parsonage may be permitted on the same lot or tract provided the parsonage is located no more than 75 feet from the principal building for religious worship.
(C) Property lines. Each principal building shall be located at least 25 feet from all property lines, and shall meet all other applicable requirements of the Zoning Code.
(D) Accessory buildings. Accessory buildings shall meet all applicable requirements of the Zone District.
(E) Accessory uses. Permitted accessory uses and functions shall be directly related to and an integral part of the customary religious worship activities except as otherwise provided by applicable provisions.
(Prior Code, § 40-5-11) (Ord. 14-09, passed 11-3-2014)
Statutory reference:
Related provisions, see 805 ILCS 110/0.01 et seq.
§ 154.202 STORAGE CONTAINERS.
It shall be unlawful to locate in the village an accessory use known as a storage container consisting of either a railroad or train car, a truck body or shell or a truck trailer, licensed, or unlicensed, on any lot in the village, unless the lot is in a zoned commercial or industrial district. All containers shall be closed and be secured when not in use. They shall meet all setbacks prescribed for accessory uses and located on a permanent foundation. The Zoning Administrator may submit all applications for a storage unit to the Zoning Board of Appeals if he or she feels that the unit is not consistent with this section (see § 154.028 for height limitations).
(Prior Code, § 40-5-12)
§ 154.203 OUTDOOR WOOD-FIRE BURNERS/FURNACES.
(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXISTING OUTDOOR FURNACES/STOVE. An outdoor furnace/stove that was purchased and installed prior to the effective date of this section.
OUTDOOR FURNACE/STOVE. Any freestanding accessory device, appliance, equipment, apparatus, or structure, with a smoke stack, which includes, but is not limited to, those devices referred to as outdoor furnaces, outdoor boilers, and outdoor stoves, and:
(a) Is designed, intended, and/or used to provide heat, hot water heat, and/or hot water to any associated structure;
(b) Operates by burning clean untreated wood or any other solid fuel, including, but not limited to, paper pellets and agricultural products;
(c) Is not located within the structure to be heated; and
(d) Outdoor furnace/stove shall be installed and operated per the manufacturer’s recommendations.
(B) Prohibition. It shall be unlawful for any person to install, erect, or utilize an outdoor furnace or stove anywhere in the village, unless said person is grandfathered per the terms of this section.
(1) The three residents listed and on file at the Village Hall are grandfathered from the outdoor furnace/stove prohibition because outdoor furnaces/stoves are already located on their property.
(2) Outdoor furnaces or stoves shall be allowed to remain at the three properties even if the property is sold or a new furnace or stove is needed to be installed.
(C) Violation, declaration of nuisance. Any of the three existing grandfathered owners on file under paragraph (B) of this section that operate an outdoor wood burning stove, outdoor wood burning furnace, outdoor wood boiler, outdoor wood fired hydronic heater, and/or any other similar wood burning heating device must not create a public nuisance or a threat to human health or the environment.
(Prior Code, § 40-5-13) (Ord. 2013-06, passed 9-4-2013)
§ 154.204 UTILITY SUBSTATIONS.
Every electrical substation, gas regulator station, telephone exchange facility, private sewage treatment plant, private water storage facility, or similar facility shall be deemed a special use, and shall conform to the following regulations.
(A) Every lot on which any such facility is situated shall meet the minimum area and dimensions requirements of the district in which it is located. Every part of any such facility shall be located at least 25 feet from all lot lines, or shall meet the district setback requirements, whichever is greater.
(B) In any residential district, every such facility shall be designed, constructed, and operated so that it is compatible with the residential character of the area.
(C) Screening at least 10 feet in height and of sufficient density to block the view from adjacent property shall be installed around every such facility. Furthermore, if the Administrator determines that the facility poses a safety hazard (for example, if there are transformers exposed), he or she shall require that a secure fence at least 10 feet in height be installed behind the planting screen.
(Prior Code, § 40-5-14)
§ 154.205 ADULT ENTERTAINMENT BUSINESSES.
(A) Purpose and findings.
(1) It is the purpose of this section 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 section 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 chapter 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 section to condone or legitimize the distribution of obscene material.
(2) 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’s A.M., TDBA Kandyland, 529 U.S. 277 (2000), City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 122 S. Ct. 1728 (2002), Northend Cinema, Inc, v. City of Seattle, 90 Wash.2d 709 (1978), 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 Board of Trustees finds:
(a) 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;
(b) Certain employees of sexually oriented businesses defined in this section as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments;
(c) Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows;
(d) Offering and providing such space encourages such activities, which creates unhealthy conditions;
(e) 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;
(f) At least 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;
(g) Since 1981 and to the present, there has been an increasing cumulative number of persons testing positive for the HIV antibody test.
(h) The Surgeon General of the United States in his or her 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;
(i) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts;
(j) 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;
(k) Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films;
(l) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns;
(m) 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;
(n) The general welfare, health, and safety of the citizens of the village will be promoted by the enactment of this section;
(o) The findings noted in divisions (A)(2)(a) through (A)(2)(n) above raise substantial governmental concerns; and
(p) The findings and opinions of the cases and studies as related in the opening of paragraph (B) of this section are the findings of the Board of Trustees as if set forth verbatim herein.
(B) Applicability. Notwithstanding any other provision in this chapter, adult entertainment businesses shall be allowed only pursuant to a special use permit and only in I-1 (Industrial Districts) zoned districts in the village.
(C) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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, video cassettes, 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 5% or more of its stock on the premises, or has 5% or more of its stock on display, in stores, periodicals, photographs, drawings, sculpture, motion pictures, films, video cassettes, video reproductions, DVDs, slides, or other visual representations which depict nudity, sexual activities, sexual areas, sadomasochistic abuse, or 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 mote.
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, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of nudity of 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 Revised Code of Ordinances of the Village of Marissa, Illinois, adopted by the Village Board of Trustees of Marissa, Illinois, on January 16, 2001, as revised and amended again in 2006.
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;
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, public 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; and
(d) Excretory functions as part of or in connection with any of the activities set forth in divisions (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 20% or greater interest in an adult entertainment business.
SIGNIFICANT STOCKHOLDER. Any person who owns 20% or greater stock interest in an adult entertainment business.
VILLAGE. The Village of Marissa, Illinois.
(D) Conditions of use.
(1) Before issuance of any special use permit for any adult entertainment business, the Board of Trustees shall refer the proposed application to the Zoning Board of Appeals, which shall be given 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 division (D) and division (E) below. The Zoning Board of Appeals’ 60-day time period to make a report and recommendation shall commence upon the delivery of the completed application. No action shall be taken by the Board of Trustees upon any application for a special use permit until and unless the report of the Zoning Board of Appeals has been filed; provided that, if no report is received from the Zoning Board of Appeals within 60 days, and unless an extension of time has been granted by the Board of Trustees, it shall be assumed that approval of the application has been recommended by the Zoning Board of Appeals.
(2) In the case of any adult entertainment business, the following special conditions shall apply.
(a) No adult entertainment business shall be permitted within 3,000 feet of any religious institution, school, public park, or any property zoned for residential use. 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.
(b) For the purposes of this chapter, 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.
(c) The property on which any adult entertainment business is located shall have a minimum of 100 feet of frontage on a public right-of-way.
(d) The facility on which the use is located and the parking for such facility shall have a front yard setback of 50 feet, a side yard setback of 25 feet and a rear yard setback of 25 feet.
(g) 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.
(h) 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 of wall length, not to exceed a total of 25 square feet; said sign shall not flash, blink, or move by mechanical means and shall not extend above the roof line of the building. Said sign shall not exceed eight feet 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.
(i) 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.
(j) No adult entertainment business shall have any private rooms or booths.
(k) 1. 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 10:00 a.m. to 11:30 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday; and Sunday from 1:00 p.m. until 11:30 p.m.
2. 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 division (D)(2)(k)1. above. If any person, other than the persons excepted under division (D)(2)(k)3. below, is found to be within or upon the adult entertainment business more than 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 section.
3. This division (D)(2)(k) 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.
(l) 1. It shall be unlawful for any person under the age of 21 years of age to be permitted or allowed to enter, or remain within or upon the premises in which an adult use is located.
2. 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 21.
3. 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 non-drivers, visa or passport, and/or military identification card.
(n) 1. 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 ordinance 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.
2. In addition to the provisions of (D)(2)(n)1., no special use permit may be granted, by the Board of Trustees unless it finds that the special use:
a. 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;
b. Is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected;
c. Will not cause substantial injury to the value of other property in the neighborhood in which it is located; and
d. Will not be detrimental to the essential character of the district in which it is located.
3. Every special use permit granted shall be accompanied by a finding of fact specifying the reason for granting such special use permit.
4. The village may revoke a special use permit under this chapter if the proposal for which a permit has been issued is not carried out pursuant to the approved site plan.
5. The approval or disapproval of any application for a special use permit by the Board of Trustees may be appealed only as provided in 65 ILCS 5/11-13-25.
(E) Site plan.
(1) Each application for a special use permit shall require the submission of an accompanying site plan.
(2) Site plans submitted to the village for subsequent review by the Zoning Board of Appeals and the Board of Trustees shall:
(a) Be prepared by registered design professionals licensed in the state, such as architects, landscape architects, or engineers, with the appropriate seal affixed;
(b) Be drawn to a scale of not more than one inch equals 50 feet, and be accurate and readable so that the plan can be readily interpreted;
(c) Include location map, north arrow, and plan scale;
(d) State the subject site’s zoning district, subdivision name, lot number, county permanent parcel index number (PPIN), dimensions and area, and zoning of adjacent parcels where different from site;
(e) 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;
(f) Identify abutting property owners, names, addresses, zip codes, and PPINs on site plan;
(g) Include existing and proposed lines or elevations based on mean sea level datum at not more than five foot intervals, unless otherwise waived by the village;
(h) Include previous or concurrent village approvals for variances, re-zonings, special land use permits, and the like with date and conditions, if applicable;
(i) State the proposed use of the building and its construction type and setback distance (front, side, and rear yards) from adjacent property lines;
(j) Provide overall dimensions of all buildings and gross floor area of each building;
(k) Provide architectural renderings of all sides of all buildings and structures;
(l) State off-street parking and loading spaces, required and proposed, including the number, size, and location of those designated for the handicapped;
(m) Delineate and dimension all areas utilized for driveways, storage, and/or parking equipment, materials, and vehicles;
(n) Include the type, location, height, and illumination levels of parking area lighting standards in accordance with village’s requirements;
(o) Delineate any proposed pavement markings, directional signage, or traffic control measures;
(p) Provide dimensions of existing and proposed roadway pavement and right-of-way width for streets abutting the site;
(q) Delineate and dimension all existing and proposed curb cuts and driveway openings;
(r) Delineate all existing and proposed sidewalks and any other elements of a pedestrian circulation system;
(s) Provide for the direction of drainage flow and location of catch basins for parking areas (if required);
(t) Include a traffic study prepared by a registered traffic engineer;
(u) 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 50 feet. The plan shall, at a minimum, show the following information:
1. The location, approximate size, and common botanical name of existing and proposed trees and shrubs; and
2. The locations and details of other landscape features, including earthen berms, fences, or walls.
(v) 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;
(w) Delineate location of an existing or proposed storm water detention facility sink holes and springs, ponds, creeks, or other wetland areas;
(x) Show proposed site drainage system designed in accordance with the requirements of the 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;
(y) Include the delineation of FEMA designated floodplain and floodway boundaries, if any;
(z) Include any proposed alteration, adjustment, or change in elevation of any floodplain or floodway as designated on the FEMA floodplain and floodway maps;
(aa) State the location, dimensions, and identification of existing and proposed freestanding signs;
(bb) State the location, type, and screening of refuse collection; and
(cc) State the measurements from the building or property line, to any other structures or property lines, establishing compliance, or non-compliance with this section.
(Prior Code, § 40-5-15)