Any of the following property that is located in the "G" industrial district may, after proper notice, hearing and approval by the board of trustees, also be zoned in the "IO" industrial overlay district.

Legal description of property at the northeast corner of Armitage Avenue and 17th Avenue, Melrose Park, Illinois.

That part of the East ½ of the Southwest ¼ of the Northeast Fractional ¼ of Section 34, Township 40 North, Range 12 East of the Third Principal Meridian, lying south of the Indian Boundary Line, that is west of the East 330 feet of said East ½ of the Southwest ¼ of the Northeast Fractional ¼ of Section 34, south of the southwesterly right-of-way line of the Minneapolis, St. Paul and Sault Ste. Marie Railroad, and north of the north line of Armitage Avenue, excepting therefrom the west 33.00 feet of the south 1163.28 feet (as measured along the east line of the west 33.00 feet thereof) as dedicated for roadway by Documents 21793624, 21793625, 21793627, 21793628 and 21793629, recorded February 1, 1972, and Document 21810639 recorded February 17, 1972, in Cook County, Illinois.

Together with the following:

Lots 1, 2 and the east 100 feet of the south 1287 feet of Lot 3 in Block 3 of Franklin Farms, being a subdivision of the North ½ of the Southeast ¼ and the West ½ of the Southwest ¼ of the Northeast ¼ and the Northwest ¼ of Section 34, Township 40 North, Range 12 East of the Third Principal Meridian, lying south of the Indian Boundary Line and except that part taken for railroad, according to the plat thereof recorded September 3, 1918 as Document 6385019, excepting therefrom the east 33 feet of the south 1163.50 feet of said Lot 1 (as measured along the west line of the east 33 feet thereof) as dedicated for roadway by Document 21793626 recorded February 1, 1972, and also excepting therefrom that part of Lots 1, 2 and the east 100 feet of the south 1287 feet of Lot 3in Block 3 of said Franklin Farms lying southwesterly of an arc, concave to the southwest, having a radius of 500.00 feet, the center of said arc being the northeast corner of Lot 3 in North Avenue Home Acres, a subdivision of the East 56 acres of the East ½ of the Southwest ¼ of Section 34, Township 40 North, Range 12 East, said northeast corner of Lot 3 being the southwest corner of Armitage Avenue and 17th Avenue, said arc crosses the south line of Lot 1 at a point that is 129.5 feet, more or less, east of the southwest corner of said Lot 1, and the tangent of said arc crosses the west line of the east 100 feet of Lot 3 at a point that is 427.00 feet, more or less, north of the south line of Lot 3, all in Cook County, Illinois.

(Ord. 836 § 10(C) (part), 2004)

In addition to the uses permitted in the "G" industrial district and subject to any licensing requirements of the village, the following uses shall be permitted in the "IO" industrial overlay district: adult entertainment establishments.

Subject to the provisions in this zoning ordinance for legal nonconforming uses, adult entertainment establishments shall only be permitted on property classified in the "IO" industrial overlay district. No patron, employee, live entertainer, live performer or any other person shall appear nude or in a state of nudity in an adult entertainment establishment. No patron, employee, live entertainer, live performer or any other person in an adult entertainment establishment shall perform or conduct any specified sexual activity with any patron, employee, live entertainer, live performer or any other person in an adult entertainment establishment. Nor shall any patron, employee, live entertainer, live performer or any other person in an adult entertainment establishment engage in actual masturbation.

(Ord. 836 § 10(C) (part), 2004)

For the purposes of this zoning ordinance, the following terms, phrases, and words shall have the meanings given herein.

"Adult booth" means any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

"Adult entertainment establishment" means any of the following commercial establishments, as defined herein:

1.

"Adult cabaret" means any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:

a.

Persons who appear semi-nude;

b.

Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities;

c.

Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

2.

"Adult store" means any commercial establishment: (a) that contains one or more adult booths; (b) that as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or (c) that has a segment or section devoted to the sale or display of adult materials.

3.

"Adult theater" means any commercial establishment that as a substantial or significant portion of its business features or provides: (a) films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; or (b) live performances that are distinguished or characterized by an emphasis on the exposure, depictions, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

"Adult material" means any of the following, whether new or used:

1.

a.

Books, magazines, periodicals, or other printed matter, or digitally stored materials, or

b.

Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind,

that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified anatomical areas.

2.

Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.

"Commercial establishment" means any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.

"Nude" or "state of nudity" means a state of dress or undress that exposes to view: (1) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

"Semi-nude" means a state of dress or undress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.

"Specified anatomical areas" means any of the following:

1.

Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed;

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

"Specified sexual activities" means any of the following:

1.

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

2.

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

3.

Masturbation, actual or simulated;

4.

Human genitals in a state of sexual stimulation, arousal, or tumescence;

5.

Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1, 2, 3, or 4 of this definition.

(Ord. 836 § 10(C) (part), 2004)