A. Findings: The president and board of trustees make the following findings:
1. That it is uncontested that the village may regulate, through its zoning power, the location of sexually explicit businesses;
2. That zoning, when used to preserve the character of the residential and commercial areas of the village, is perhaps the most essential function performed by the village;
3. That M-1 restricted manufacturing districts, wherein adult uses would be permitted uses under these regulations, comprise 20.77 percent of the total land area of the village zoned for commercial or business uses;
4. That the village is predominately a single-family residential community with 87.53 percent of the total land area of the village zoned and used for residential, school, park, library and governmental purposes;
5. That the Zoning and Planning Commission held a public hearing, reviewed the experiences of other municipalities, counties and units of local government relative to adult uses, and received reports from the office of Community Development and Growth Management summarizing land uses and pertinent statistical data for the village as of December 31, 1994, together with a report from the village attorney advising as to developments in other municipalities in regulating adult uses;
6. That the proposed regulation of adult uses serves a substantial governmental interest, while allowing for reasonable alternative avenues of communication;
7. That the supreme court of the state of Illinois has judicially confirmed that the regulation of adult uses serves a valid governmental interest;
8. That the proposed regulations are not aimed at the content of adult entertainment, but at the secondary effects associated with it including, but not limited to:
a. An increase in crime rates, particularly those that are sex related;
b. A negative impact on the real estate market where adult entertainment is offered; and
c. Urban blight as a result of the decrease in property values.
In attempting to curb these secondary effects, the regulations serve the village's substantial interest in the health, safety and welfare of the people of the village;
9. That the detailed findings summarized in the U.S. supreme court opinion City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986), the Illinois supreme court opinion in the County of Cook v. Renaissance Arcade and Bookstore, 122 Ill.2d 123 (1988), and the United States district court, eastern division of Michigan opinion in S & G News, Inc. v. City of Southgate, 638 F.Supp. 1060 (E.D. Mich. 1986) aff'd. 819 F.2d 1142 (6th Cir. 1987), were before the Zoning and Planning Commission when it recommended the adoption of these regulations; and
10. That the state of Illinois has adopted 65 Illinois Compiled Statutes 5/11-5-1.5, which provides for separation of adult entertainment facilities located within municipalities from any school, daycare center, cemetery, public park, forest preserve, public housing, and place of religious worship.
B. Purpose Of Regulations: These regulations are aimed at the secondary effects of adult uses, and not at the content of the activities performed at such uses. In addition, these regulations are based on the village's substantial interest in preventing crime, protecting retail trade, maintaining property values, and generally to protect and preserve the quality of the village's neighborhoods, commercial districts, and the quality of urban life. Furthermore, it is not the purpose of these regulations to deny anyone a reasonable opportunity to open and operate adult uses within the village. The predominate purpose of these regulations is the amelioration of socially adverse secondary effects of adult uses. Finally, the supreme court of the state of Illinois has judicially confirmed that the purpose of these regulations as hereinafter provided serves a valid governmental interest.
ADULT BOOKSTORE: An establishment having, as a substantial or significant portion of its sales or stock in trade, books, magazines, films for rent, sale or 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 substantial or significant 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 establishment's premises or any other factors showing the establishment's primary purpose is to purvey such materials.
ADULT ENTERTAINMENT CABARET: A public or private establishment which:
1. Features topless dancers, strippers, or male or female impersonators; or
2. Not infrequently features entertainers who display specified anatomical areas; or
3. 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
4. Features entertainers who engage in or are engaged in explicit simulation of specified sexual activities.
ADULT ENTERTAINMENT FACILITY:
1. A striptease club or pornographic movie theater whose business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions; or
2. An adult bookstore or adult video store in which twenty five percent (25%) or more of its stock in trade, books, magazines, and films for sale, exhibition, or viewing on premises are sexually explicit material.
ADULT MOTION PICTURE THEATER: 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: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, and/or other similar uses.
SPECIFIED ANATOMICAL AREAS: For the purpose of this section, "specified anatomical areas" means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breasts below a point immediately above the top of the areola; and/or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: For the purpose of this section, "specified sexual activities" means:
1. Human genitals in the state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy; and/or
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
D. Location: Adult uses are permitted uses in the M-1 restricted manufacturing district.
E. Registration: The owner of any building or premises, said owner's agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling any building or premises used in whole or in part for an adult use, shall register the following information with the village clerk:
1. The address of the premises;
2. The name(s) and address(es) of the owner(s) of the premises and the beneficial owner(s) if the property is in a land trust;
3. The name of the business or establishment;
4. The name(s) and address(es) of the owner(s), beneficial owner(s) and/or the major stockholder(s) of the business or establishment;
5. The date of the initiation of the adult use;
6. The nature of the adult use;
7. If the premises or building is leased, a copy of said lease must be attached to the registration form.
F. Exterior Display: 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.
G. Buffer Requirements: At any location at which an adult use directly abuts a residential zoning district or residential use, or is separated from a residential zoning district or residential use by only a right of way, a buffer shall be constructed on the property on which the adult use is located. Said buffer shall consist of either:
1. A solid masonry wall, of not less than five feet (5') in height, with brick or other masonry features which match the building on the property; or
2. A solid, board on board, privacy fence of not less than five feet (5') in height.
H. Distance Requirements; Adult Entertainment Facility: It is prohibited to locate an adult entertainment facility within one thousand feet (1,000') of the property boundaries of any school, daycare center, cemetery, public park, forest preserve, public housing, and place of religious worship. (Ords. 75-10-55, 77-8-7, 77-29-48, 81-17-29, 81-36-77, 92-11-45, 93-9-24, 93-24-107, 95-23-100, 96-3-11, 96-10-46, 00-5-12, 01-19-68, 01-19-69, 08-06-22, 08-21-66, 19-16-66)