Naperville City Zoning Code

CHAPTER 12

ADULT USES

SECTION:

6-12-1: - DEFINITIONS:

The following words or phrases shall have the meanings ascribed to them below, unless otherwise indicated by the context:

ADULT BOOKSTORE:	An establishment having more than twenty-five percent (25%) of its stock and trade in books, films, video cassettes (whether for viewing off premises or on premises), or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein.
ADULT CABARET:	A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
ADULT ENTERTAINMENT:	Any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type which has as a significant or substantial portion of such performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomine, modeling, or any other personal service offered customers.
ADULT MINI-MOTION PICTURE THEATER:	An enclosed building with a capacity of less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein.
ADULT MOTION PICTURE THEATER:	An enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein.
PERSON:	Any individual, partnership, corporation, association, proprietorship, or other legal entity.
RELIGIOUS INSTITUTION:	A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
SEXUALLY ORIENTED BUSINESS:	As defined in Section 6-1-6 of the City of Naperville Zoning Ordinance.
SPECIFIED ANATOMICAL AREAS:
	1. Less than completely and opaquely covered:
	1.1. Human genitals, pubic region;
	1.2. Buttocks; and
	1.3 Female breasts below a point immediately above the top of the areola.
	2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
	1. Human genitals in a state of sexual stimulation or arousal;
	2. Acts of human masturbation, sexual intercourse or sodomy;
	3. Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.

(Ord. 95-67, 4-5-95)

6-12-2: - LOCATION OF SEXUALLY ORIENTED BUSINESSES:

No person shall operate or cause to be operated a sexually oriented business within five hundred (500) feet of any of the following preexisting uses, including preexisting uses located outside the corporate limits of the City of Naperville, and/or zoning districts:

1.1.

Public or private elementary or secondary school;

1.2.

Nursery school, preschool or, day care center;

1.3.

Park, playground, or forest preserve;

1.4.

Religious institution;

1.5.

R1A, R1B, R2, R3, R4, R5, E1, E2, E3, AG, R1, B1, B2, B3, B4, B5, OCI, RD or ORI District as defined by the City Zoning Ordinance; or

1.6.

Sexually oriented business.

No person shall operate or cause to be operated a sexually oriented business, within any of the following preexisting uses and/or zoning districts:

2.1.

R1A, R1B, R2, R3, R4, R5, E1, E2, E3, AG, R1, B1, B2, B3, B4, B5, OCI, RD or ORI District as defined by the City Zoning Ordinance; or

2.2.

Any premises licensed to sell alcoholic liquor.

A sexually oriented business shall be a permitted use within any I Industrial District as such District is defined in Section 6-8C-1 et seq., of the City Zoning Ordinance.

For the purpose of Subsection 1 of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the other specified use.

(Ord. 95-67, 4-5-95)

6-12-3: - AMORTIZATION OF EXISTING SEXUALLY ORIENTED BUSINESSES:

Any sexually oriented business lawfully operating on the effective date of this Chapter and that is in violation of Subsection 2.1 of Section 6-12-2 shall be deemed a nonconforming use. The nonconforming use shall be permitted to continue for a period not to exceed three (3) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within five hundred (500) feet of one another and otherwise in a permissible location, and the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.

(Ord. 95-67, 4-5-95)

6-12-4: - EXEMPTION FROM LOCATION RESTRICTIONS:

Any person desiring to locate a sexually oriented business at a location prohibited under Section 6-12-2 of the City Zoning Ordinance or any other provision thereof shall be required to seek a variation of use in accordance with the provisions of the City Zoning Ordinance. In addition to the general criteria that must be established for a variation of use, the person seeking the variation shall also establish the following to be eligible for the variation of use:

1.1.

That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;

1.2.

That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; and

1.3.

That the location of a sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration.

(Ord. 95-67, 4-5-95)

Naperville City Zoning Code

CHAPTER 12

ADULT USES

SECTION:

6-12-1: - DEFINITIONS:

The following words or phrases shall have the meanings ascribed to them below, unless otherwise indicated by the context:

ADULT BOOKSTORE:	An establishment having more than twenty-five percent (25%) of its stock and trade in books, films, video cassettes (whether for viewing off premises or on premises), or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein.
ADULT CABARET:	A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
ADULT ENTERTAINMENT:	Any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type which has as a significant or substantial portion of such performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomine, modeling, or any other personal service offered customers.
ADULT MINI-MOTION PICTURE THEATER:	An enclosed building with a capacity of less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein.
ADULT MOTION PICTURE THEATER:	An enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein.
PERSON:	Any individual, partnership, corporation, association, proprietorship, or other legal entity.
RELIGIOUS INSTITUTION:	A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
SEXUALLY ORIENTED BUSINESS:	As defined in Section 6-1-6 of the City of Naperville Zoning Ordinance.
SPECIFIED ANATOMICAL AREAS:
	1. Less than completely and opaquely covered:
	1.1. Human genitals, pubic region;
	1.2. Buttocks; and
	1.3 Female breasts below a point immediately above the top of the areola.
	2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
	1. Human genitals in a state of sexual stimulation or arousal;
	2. Acts of human masturbation, sexual intercourse or sodomy;
	3. Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.

(Ord. 95-67, 4-5-95)

6-12-2: - LOCATION OF SEXUALLY ORIENTED BUSINESSES:

1.1.

Public or private elementary or secondary school;

1.2.

Nursery school, preschool or, day care center;

1.3.

Park, playground, or forest preserve;

1.4.

Religious institution;

1.5.

R1A, R1B, R2, R3, R4, R5, E1, E2, E3, AG, R1, B1, B2, B3, B4, B5, OCI, RD or ORI District as defined by the City Zoning Ordinance; or

1.6.

Sexually oriented business.

No person shall operate or cause to be operated a sexually oriented business, within any of the following preexisting uses and/or zoning districts:

2.1.

R1A, R1B, R2, R3, R4, R5, E1, E2, E3, AG, R1, B1, B2, B3, B4, B5, OCI, RD or ORI District as defined by the City Zoning Ordinance; or

2.2.

Any premises licensed to sell alcoholic liquor.

A sexually oriented business shall be a permitted use within any I Industrial District as such District is defined in Section 6-8C-1 et seq., of the City Zoning Ordinance.

(Ord. 95-67, 4-5-95)

6-12-3: - AMORTIZATION OF EXISTING SEXUALLY ORIENTED BUSINESSES:

(Ord. 95-67, 4-5-95)

6-12-4: - EXEMPTION FROM LOCATION RESTRICTIONS:

1.1.

That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;

1.2.

That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; and

1.3.

That the location of a sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration.

(Ord. 95-67, 4-5-95)

Naperville City Zoning Code

CHAPTER 12

ADULT USES

SECTION:

6-12-1: - DEFINITIONS:

The following words or phrases shall have the meanings ascribed to them below, unless otherwise indicated by the context:

ADULT BOOKSTORE:	An establishment having more than twenty-five percent (25%) of its stock and trade in books, films, video cassettes (whether for viewing off premises or on premises), or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein.
ADULT CABARET:	A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
ADULT ENTERTAINMENT:	Any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type which has as a significant or substantial portion of such performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomine, modeling, or any other personal service offered customers.
ADULT MINI-MOTION PICTURE THEATER:	An enclosed building with a capacity of less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein.
ADULT MOTION PICTURE THEATER:	An enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein.
PERSON:	Any individual, partnership, corporation, association, proprietorship, or other legal entity.
RELIGIOUS INSTITUTION:	A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
SEXUALLY ORIENTED BUSINESS:	As defined in Section 6-1-6 of the City of Naperville Zoning Ordinance.
SPECIFIED ANATOMICAL AREAS:
	1. Less than completely and opaquely covered:
	1.1. Human genitals, pubic region;
	1.2. Buttocks; and
	1.3 Female breasts below a point immediately above the top of the areola.
	2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
	1. Human genitals in a state of sexual stimulation or arousal;
	2. Acts of human masturbation, sexual intercourse or sodomy;
	3. Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.

(Ord. 95-67, 4-5-95)

6-12-2: - LOCATION OF SEXUALLY ORIENTED BUSINESSES:

1.1.

Public or private elementary or secondary school;

1.2.

Nursery school, preschool or, day care center;

1.3.

Park, playground, or forest preserve;

1.4.

Religious institution;

1.5.

R1A, R1B, R2, R3, R4, R5, E1, E2, E3, AG, R1, B1, B2, B3, B4, B5, OCI, RD or ORI District as defined by the City Zoning Ordinance; or

1.6.

Sexually oriented business.

No person shall operate or cause to be operated a sexually oriented business, within any of the following preexisting uses and/or zoning districts:

2.1.

R1A, R1B, R2, R3, R4, R5, E1, E2, E3, AG, R1, B1, B2, B3, B4, B5, OCI, RD or ORI District as defined by the City Zoning Ordinance; or

2.2.

Any premises licensed to sell alcoholic liquor.

A sexually oriented business shall be a permitted use within any I Industrial District as such District is defined in Section 6-8C-1 et seq., of the City Zoning Ordinance.

(Ord. 95-67, 4-5-95)

6-12-3: - AMORTIZATION OF EXISTING SEXUALLY ORIENTED BUSINESSES:

(Ord. 95-67, 4-5-95)

6-12-4: - EXEMPTION FROM LOCATION RESTRICTIONS:

1.1.

That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;

1.2.

That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; and

1.3.

That the location of a sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration.

(Ord. 95-67, 4-5-95)