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Oak Lawn City Zoning Code

CHAPTER 8

M-1 RESTRICTED MANUFACTURING DISTRICT

4-8-1: GENERAL CONDITIONS:

   A.   Permitted uses of land or buildings, as hereinafter listed, shall be permitted only under the conditions specified. No buildings or land shall be devoted to any use other than a use permitted hereinafter with the exception of the following:
      1.   Uses lawfully established on the effective date hereof.
      2.   Special uses allowed in accordance with the provisions of section 4-8-4 of this chapter.
   B.   Uses lawfully established on the effective date hereof and rendered nonconforming by the provisions hereof shall be subject to the regulations of chapter 12 of this title.
   C.   Activities involving the storage, utilization or manufacture of materials or products which decompose by detonation are permitted only when specifically allowed by the board of trustees.

4-8-2: CONDITIONS OF USE:

Uses permitted in the M-1 restricted manufacturing district are subject to the following conditions:
   A.   All business, servicing or processing, except for off street parking and off street loading as regulated by chapter 13 of this title or establishments of the drive in type offering goods or services directly to customers waiting in parked motor vehicles, shall be conducted within completely enclosed buildings, unless otherwise provided hereinafter.
   B.   All storage within one hundred feet (100') of a residence district boundary, except motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet (6') nor more than eight feet (8') in height.
   C.   Outdoor storage yards shall be effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than eight feet (8') in height.

4-8-3: USES PERMITTED:

The following uses are permitted in the M-1 restricted manufacturing district:
Accessory uses, incidental to and on the same zoning lot as a principal use.
Adult uses as defined and provided for in section 4-8-10 of this chapter.
Agricultural buildings and structures.
Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, except those uses involving the storage, utilization or manufacture of materials or products which decompose by detonation, which conform with the performance standards set forth in section 4-8-8 of this chapter which shall not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious materials, odors, fire or explosive hazards or glare of heat. Storage facility businesses that provide temporary storage for vehicles, boats, equipment, and other personal property are included within this permitted use and are subject to the above conditions for such a use.
Auto laundries.
Automobile collision repair services which include vehicle body, frame and/or fender straightening and repair, dent removal and the painting of vehicles in relation thereto.
Automobile dealers. New car show rooms, auto preparation areas, auto storage and other accessory uses normally consistent with a new car dealership.
Automobile painting businesses.
Automobile service stations for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto. Facilities for chassis and gear lubrication are permitted only if enclosed in a building.
Automotive vehicle rental/leasing.
Banks and other financial institutions (but not payday loan stores).
Building material sales and storage.
Cartage and express facilities, truck terminals, truck parking and any fleet truck operations.
Contractors', architects' and engineers' offices, shops and yards, such as building, cement, electrical, heating, ventilating and air conditioning, masonry, painting, plumbing, refrigeration and roofing.
Currency exchanges.
Drugstores.
Dry cleaning establishments, with no limitation on number of employees.
Dwelling units for watchmen and their families located on the premises where they are employed in such capacity, subject to approval by the Zoning and Planning Commission and the board of trustees.
Fuel and ice sales.
Garages for storage, repair and servicing of motor vehicles.
Greenhouses, wholesale.
Highway maintenance shops and yards.
Laundries, with no limitation on number of employees.
Lodges and offices of organizations.
Mail order houses.
Medical and dental clinics.
Packing and crating.
Parking lots, other than accessory, and subject to the provisions of chapter 13 of this title.
Printing.
Public utility and service uses, as follows:
Bus stations, bus terminals, bus turnarounds (off street), bus garages and bus lots.
Electric substations.
Fire stations.
Gas regulator stations.
Police stations.
Railroad passenger stations.
Railroad rights of way.
Telephone exchanges, telephone transmission equipment buildings and microwave relay towers.
Utility service substations; electric, gas, telephone and water.
Waterworks, reservoirs, pumping stations and filtration plants.
Publishing.
Radar installations and towers.
Radio and television studios, stations and towers, transmitting and receiving.
Recreational buildings and community centers, commercial or noncommercial.
Restaurants (banquet halls, carryout and full service).
Retail and wholesale sales and showrooms when connected with a manufacturing use.
Satellite dish antennas subject to section 4-2-12 of this title (permit required $25.00).
Signs, subject to village ordinances 1 .
Stadiums, auditoriums and arenas, open or enclosed.
Telephone booths and coin telephones (outdoor).
Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.
Temporary real estate tract offices for the purpose of conducting the sale of the tract upon which such tract office is located, for a period not to exceed two (2) years.
Trade schools.
Transportation shelters by approval only (see Section 4-2-4-4 of this Title).
Water systems, individual, as regulated by Village ordinances.
Weighing stations operated by the State of Illinois.
Wholesale establishments.

4-8-4: SPECIAL USES:

Special uses, as hereinafter listed, may be allowed in the M-1 Restricted Manufacturing District subject to the issuance of special use permits and in accordance with the provisions of Chapter 14 of this Title:
Accessory uses incidental to and on the same zoning lot as a principal use.
Air, railroad and water freight terminals, railroad switching and classification yards, repair shops and round houses.
Airports and commercial heliports, including aircraft landing fields, runways, flight strips and flying schools together with hangers, terminal buildings, and other auxiliary facilities. Automobile and truck testing stations.
Heliports, private.
House trailer parks.
Indoor and/or outdoor amusements.
Planned developments.
Signs in excess of forty five feet (45') in height from curb level.
Solid waste treatment plants for community use.
Theaters, automobile drive-in.
Used automobile dealers. (Ord. 25-06-09)

4-8-5: YARDS:

   A.   Minimum Front Yard:
      1.   Front yards shall be provided in accordance with the regulations hereinafter indicated. Front yards shall be unobstructed from ground level to sky, except as allowed in Section 4-2-8 of this Title. All accessory buildings which are attached to principal buildings shall comply with the yard requirements of the principal building.
      2.   In the M-1 Restricted Manufacturing District there shall be provided a front yard of not less than twenty feet (20') in depth along the front lot line; however, agricultural buildings and structures shall provide a front yard of not less than one hundred feet (100') in depth along the front lot line.
      3.   Telephone booths and coin telephones (outdoor) shall be permitted in the required front yard in the M-1 District. However, if such telephone is installed near an intersection of two (2) streets or rights of way, the minimum setback from one of such intersecting right of way lines shall be ten feet (10').
   B.   Minimum Corner Side Yard:
      1.   Corner side yards shall be provided in accordance with the regulations hereinafter indicated. Corner side yards shall be unobstructed from ground level to sky, except as allowed in Section 4-2-8 of this Title. All accessory buildings which are attached to principal buildings shall comply with the yard requirements of the principal buildings.
      2.   In the M-1 Restricted Manufacturing District, in every instance where the side property line is adjacent to a public street, there shall be provided a corner side yard of not less than twenty feet (20') in depth; except, however, agricultural buildings and structures shall provide a corner side yard of not less than fifty feet (50') in depth along all lot lines that coincide with a lot line in an adjacent business or residence district.
      3.   Telephone booths and coin telephones (outdoor) shall be permitted in the required corner side yard. However, if such telephone is installed near an intersection of two (2) streets or rights of way, the minimum setback from one of such intersecting right of way lines shall be ten feet (10'),and in conformance with Section 9-2-2 of this Code.
   C.   Minimum Transitional Yards: When an M-1 Restricted Manufacturing District adjoins either a residence district or a business district, transitional yards shall be provided in accordance with the regulations hereinafter indicated. Transitional yards shall be unobstructed from ground level to sky, except as allowed in Section 4-2-8 of this Title. All accessory buildings which are attached to principal buildings shall comply with the yard requirements of the principal building.
      1.   In the M-1 District, the minimum transitional yard requirements for all structures, other than agricultural buildings and structures shall be not less than those specified below:
         a.   Where a side lot line coincides with a side or rear lot line in an adjacent business or residence district, a yard shall be provided along such side lot line. Such yard shall be not less than twenty feet (20') in width.
         b.   Where a rear lot line coincides with a side lot line in an adjacent business or residence district, a yard shall be provided along such side lot line. Such yard shall be not less than twenty feet (20') in depth.
         c.   Where a rear lot line coincides with a rear lot line in an adjacent business or residence district, a yard shall be provided along such rear lot line. Such yard shall be not less than twenty feet (20') in depth.
      2.   In the M-1 District, agricultural buildings and structures shall provide a transitional yard of not less than fifty feet (50') in depth along all lot lines that coincide with lot lines in an adjacent business or residence district.

4-8-6: MAXIMUM FLOOR AREA RATIO:

The floor area ratio requirements, as set forth under this District, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot. In the M-1 District, the floor area ratio shall not exceed six-tenths (0.6).

4-8-7: REGULATIONS ALONG BUSINESS AND RESIDENCE DISTRICT BOUNDARIES:

In an M-1 District which abuts a business and residence district and along any zoning district boundary separating an M-1 District from a business or residence district, there shall be provided, with respect to all buildings, structures and uses constructed or established after the effective date hereof, unobstructed open space from ground level to sky (except as allowed in Section 4-2-8 of this Title), in accordance with the regulations established hereinafter.
   A.   In the M-1 District, on properties or portions thereof located adjacent to a side or rear property line in a business or residence district, if any point on the exterior surface of any building or structure is at a greater height than thirty five feet (35') above curb level, such point projected vertically upon the ground shall in no case be nearer to the business or residence district boundary line than a horizontal distance equal to one and one-half (11/2) times the height of such point above curb level. However, stacks, tanks, bulkheads or ventilating equipment, including towers enclosing same, shall be exempt from such limitation if not exceeding in the aggregate twenty five feet (25') in lineal dimension parallel to the street for any one hundred feet (100') of street frontage. Parapets not exceeding three feet (3') in height shall also be exempt from such limitations.
   B.   In the M-1 District, on properties or portions thereof located adjacent to a side or rear property line in a business or residence district, if any point on the exterior surface of any building or structure is at a greater height than thirty five feet (35') above curb level, the vertical projection of such point upon the ground shall in no case be nearer to the side or rear lot line of any property in the adjacent business or residence district than a horizontal distance equal to the height of such point above curb level. However stacks, tanks, bulkheads or ventilating equipment, including towers enclosing same, shall be exempt from such height limitation if not exceeding in the aggregate twenty five feet (25') in lineal dimension parallel to such business or residence district lot line(s) for any one hundred feet (100') of length of such lot line(s). Parapets not exceeding three feet (3') in height shall also be exempt from such limitations.

4-8-8-1: NOISE:

   A.   Compliance Required: Any use established in the M-1 Restricted Manufacturing District after the effective date hereof shall be so operated as to comply with the performance standards governing noise set forth hereinafter for the District. No use lawfully established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards governing noise established hereinafter.
   B.   Measurement of Sound: Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed, provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this Title, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (2) decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.
   C.   Maximum Noise Levels: In the M-1 Restricted Manufacturing District, at no point on the boundary of a residence district or a business district shall the sound pressure level of any operation or plant (other then background noises produced by sources not under control of this Title, such as the operation of motor vehicles or other transportation facilities) exceed the decibel limits in the octave bands designated below.
Octave Band
Frequency
cycles per second)
Maximum Permitted
Sound Level
(in decibels)
Along Residence
District Boundaries
Octave Band
Frequency
cycles per second)
Maximum Permitted
Sound Level
(in decibels)
Along Residence
District Boundaries
0 to 75
72
75 to 150
67
150 to 300
59
300 to 600
52
600 to 1,200
46
1,200 to 2,400
40
2,400 to 4,800
34
Above 4,800
32
 
Octave Band
Frequency
(cycles per second)
Maximum Permitted
Sound Level
(in decibels) Along Business
District Boundaries
Octave Band
Frequency
(cycles per second)
Maximum Permitted
Sound Level
(in decibels) Along Business
District Boundaries
0 to 75
78
75 to 150
74
150 to 300
66
300 to 600
59
600 to 1,200
53
1,200 to 2,400
47
2,400 to 4,800
41
Above 4,800
39
 

4-8-8-2: VIBRATION:

   A.   Compliance Required: Any use established in the M-1 Restricted Manufacturing District after the effective date hereof shall be so operated as to comply with the performance standards governing vibration set forth hereinafter. No use lawfully established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with the performance standards governing vibration established hereinafter.
   B.   Maximum Limits: In the M-1 Restricted Manufacturing District any industrial operation or activity which shall cause at any time and at any point along the nearest adjacent lot line, earthborne vibrations (other than background vibrations produced by some source not under control of this Title, such as the operation of motor vehicles or other transportation facilities) in excess of the limits set forth in column I is prohibited. In addition, any industrial operation or activity which shall cause at any time and at any point along a residence district boundary line, earthborne vibrations in excess of the limits oat forth in column II is prohibited. Vibration shall be expressed as displacement in inches and shall be measured with a three-component measuring system approved by the Village Manager.
 
Frequency
(cycles per second)
I* Displacement
(inches)
II* Displacement
(inches)
0 to 10
.0008
.0004
10 to 20
.0005
.0002
20 to 30
.0002
.0001
30 to 40
.0002
.0001
40 and over
.0001
.0001
 
*Steady State - Vibrations, for the purpose of this Title, which are continuous, or, in discrete pulses, are more frequent than one hundred (100) per minute. Impact vibration, that is discrete pulses which do not exceed one hundred (100) impulses per minute, shall not cause in excess of twice the displacements stipulated.

4-8-8-3: SMOKE AND PARTICULATE MATTER:

   A.   Compliance Required: Any use established in the M-1 Restricted Manufacturing District after the effective date hereof shall be so operated as to comply with the performance standards governing smoke and particulate matter established on the effective date hereof and shall be permitted to be altered, enlarged, expanded or modified, provided that new sources of smoke and/or particulate matter conform to the performance standards established hereinafter. The total emission weight of particulate matter from all sources within the boundaries of the lot shall not exceed the net amount permitted in the M-1 District after such alteration, enlargement or modification.
   B.   Prohibited Emissions:
      1.   In addition to the performance standards specified hereinafter, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
      2.   The emission, from all sources within any lot area of particulate matter containing more than ten percent (10%) by weight of particles having o particle diameter larger than forty four (44) microns is prohibited.
      3.   Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads and so forth within the lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified hereinafter is prohibited.
   C.   Ringelmann Chart: For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than number two (2) on the Ringelmann Chart is prohibited at all times, except as otherwise provided hereinafter.
   D.   Emission Limits: In the M-1 Restricted Manufacturing District, the emission of more than twenty (20) smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann Number two (2). However, once during any six-hour period, each stack may emit up to thirty five (35) smoke units, not to exceed Ringelmann Number two (2) when blowing soot or cleaning fires. Only during fire-cleaning periods, however, shall smoke of Ringelmann Number three (3) be permitted, and then for not more than four (4) minutes per period.
The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one hour, after deducting from the gross hourly emission per acre the correction factor set forth in the following table:
   Allowance for Height of Emission*
 
Height of Emission
Above Grade (feet)
Correction
(pounds per
hour per acre)
50
0.01
100
0.06
150
0.10
200
0.16
300
0.30
400
0.50
 
*Interpolate for intermediate values not shown in table. Determination of the total net rate of emission of particulate matter within the boundaries of any lot shall be made as follows:
      1.   Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the gross hourly rate of emission in pounds per acre.
      2.   From each gross hourly rate of emission derived in 1. above, deduct the correction factor (interpolating as required) for height of emission set forth in the Table, thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission.
      3.   Add together the individual net rates of emission derived in 2. above, to obtain the total net rate of emission from all sources of emission within the boundaries of the lot. Such total shall not exceed one pound per acre of lot area during any one hour.

4-8-8-4: TOXIC MATTER:

   A.   Compliance Required: Any use established in the M-1 Restricted Manufacturing District after the effective date hereof shall be so operated as to comply with the performance standards governing emission of toxic matter set forth hereinafter. No use lawfully established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards governing toxic matter established hereinafter.
   B.   Emission Limits: In the M-1 Restricted Manufacturing District, no activity or operation shall cause, at any time, the discharge of toxic matter across lot lines in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury to property or business.

4-8-8-5: NOXIOUS AND ODOROUS MATTER:

   A.   Compliance Required: Any use established in the M-1 Restricted Manufacturing District after the effective date hereof shall be so operated as to comply with the performance standards governing noxious and odorous materials established hereinafter. No use lawfully established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards governing noxious and odorous materials established hereinafter.
   B.   Prohibited Emission: In addition to the performance standards specified herein, the emission of noxious and odorous matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
   C.   Emission Limits: In the M-1 Restricted Manufacturing District, no activity or operation shall cause at any time the discharge of matter across lot lines in such concentration as to be noxious. The emission of matter in such quantities as to be readily detectable as an odor at any point along lot lines is prohibited.

4-8-8-6: FIRE AND EXPLOSIVE HAZARDS:

   A.   Compliance Required: Any use established in the M-1 Restricted Manufacturing District after the effective date hereof shall be so operated as to comply with the performance standards governing fire and explosive hazards set forth hereinafter for the District. No use lawfully established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards governing fire and explosive hazards established hereinafter.
   B.   Storage, Utilization and Manufacturing Conditions:
      1.   In the M-1 Restricted Manufacturing District the storage, utilization and/or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.
      2.   The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following condition is met: Said materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire-extinguishing system.
      3.   The storage, utilization or manufacture of flammable liquids or materials* which produce flammable or explosive vapors or gases, shall be permitted in accordance with the following table, exclusive of storage of finished products in original sealed containers, which shall be unrestricted.
*When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet (at STP) permitted shall not exceed three hundred (300) times the quantities as listed below.
   Total Capacity of Flammable Materials Permitted
   (In Gallons)
Industries Engaged In Storage Only
Above-
ground
Under-
ground
Industries Engaged In Storage Only
Above-
ground
Under-
ground
Materials having a closed cup flash point over 187°F.
Prohibited
100,000
From and including 105°F to and in- cluding 187°F.
Prohibited
100,000
Materials having a closed cup flash point of less than 105°F.
Prohibited
100,000
Industries Engaged In Utilization and Manufacture of Flammable Materials
Above-ground
Under-ground
Materials having a closed cup flash point over 187°F.
50,000
100,000
From and including 105°F. to and including 187°F.
20,000
100,000
Materials having a closed cup flash point of less than 105°F.
5,000
100,000
 

4-8-8-7: GLARE AND HEAT:

   A.   Compliance Required: Any use established in the M-1 Restricted Manufacturing District after the effective date hereof shall be so operated as to comply with the performance standards governing glare and heat as set forth hereinafter. No use lawfully established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards governing glare and heat established hereinafter.
   B.   Regulations: In the M-1 Restricted Manufacturing District, any operation producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines. Exposed sources of light shall be shielded so as not to create a public nuisance or hazard or create a nuisance along lot lines.

4-8-8-8: REVIEW:

Not less than every two (2) years, appropriate department(s) of the village shall review these performance standards, with special reference to state and federal standards which may be applicable. Where performance standards of this title are in conflict with prevailing state and federal standards, the more stringent requirements shall be automatically applicable. However, nothing in this title shall be construed so as to prevent the village from instituting, through proper amendment of this title, higher standards.

4-8-9: HEIGHT LIMITATIONS:

No building shall exceed four (4) stories nor shall it exceed fifty feet (50') in height, except as provided in section 4-2-8 of this title.

4-8-10: ADULT USES:

   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.
   C.   Definitions:
      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)