It is the intent and purpose of this article to provide regulations for the B-1 Central Business District extending along Prospect Road from Glen Avenue to the railroad to encourage its continued use and development in accordance with the plan adopted by the Village Board. (Ord. 740, 4-7-1970)

   A.   Permitted Uses Enumerated: No building or premises shall be used and no building shall be hereafter erected or altered within any B-1 Central Business District, unless otherwise provided in this title, except for the following uses:

Any use permitted in the R-3 Multiple-Family Residential District. Any such use established in the B-1 Central Business District shall be subject to the limitations imposed by sections 10-8A-4 and 10-8A-5 of this article. Multiple family dwellings may have not less than 1.5 parking space per dwelling unit.

Bakeries employing not more than eight (8) persons.

Banks.

Barbershops, beauty parlors.

Business and professional offices.

Catering establishments.

Comfort stations.

Dancing academies.

Dressmaking establishments employing not more than eight (8) persons.

Employment agencies.

Government offices, Post Office.

Hotels.

Laboratories.

Laundries or dry cleaning plants employing not more than eight (8) persons.

Locksmith shops.

Lodge halls.

Messenger, telegraph services.

Millinery shops.

Painting and decorating shops.

Photography studios.

Plumbing shops.

Printing shops.

Repair shops and services for home appliances employing not more than eight (8) persons.

Restaurants, lunchrooms, cafeterias, and places for the sale and consumption of soft drinks, juices, ice cream and beverages, but excluding drive-ins.

Roofing and plastering shops, with no open storage.

Sharpening or grinding shops.

Shoe repair shops.

Stores and shops for the conduct of retail business.

Studios.

Tailor shops employing not more than five (5) persons.

Taverns and liquor stores.

Telephone exchanges.

Undertaking establishments.

Upholstery shops.

   B.   Location Restrictions: No permit for any use listed in subsection A of this section shall be issued wherein the proposal includes vehicular access from Prospect Road across the sidewalk thereof, unless and until the Zoning Board of Appeals has reviewed the proposal and finds: 1) that such vehicular access from Prospect Road will not create undue hazards; and 2) that such vehicular access from Prospect Road will not adversely effect the development of a unified Central Business District as embodied in plans for the Prospect Road Business District as adopted by the Village Board. (Ord. 2017-1517, 9-26-2017)

The following uses may be allowed by special use permit upon application to and approval by the Governing Body:

Gasoline and oil stations; public garages; car washes; new or used vehicle rental and/or sales.

   A.   All gasoline pumps or appliances for dispensing motor fuel shall be located not less than thirteen feet (13') from the street right-of-way;

   B.   All products, appliances, and parts for sale shall be stored and displayed only within the building or in permanent storage cabinets, the location of which shall be shown on the site plan;

   C.   No such use shall be approved within three hundred feet (300') of any church or public park;

   D.   The Governing Body shall find that the entrances and exits thereto will not create any undue hazard to vehicles or pedestrians, and that the proposal, in its location and development, will enhance and further the carrying out of the duly adopted Village Plan for the Prospect Road Business District;

   E.   Any such establishments shall have adequate off street car waiting space for the type of establishment involved; and

   F.   There will be adequate supervisory personnel on the premises at all times that the establishment is open to the public.

Self-service laundries and dry cleaning establishments.

To grant such a use, the Governing Body shall find that there will be adequate supervisory personnel on the premises at all times that the establishment is open to the public. (Ord. 1104, 5-7-1996; amd. 2016 Code)

No building, whether a one-family, two-family or multi-family residence, sheltered care home or nursing home or business building shall hereafter be erected or altered to exceed fifty four feet (54') in height. (Ord. 740, 4-7-1970)

   A.   Yards:

      1.   Front Yard: No front yard is required.

      2.   Side Yards: No side yards are required, but if provided, a side yard shall be not less than eight feet (8') in width.

      3.   Rear Yard: There shall be a rear yard of not less than ten percent (10%) of the depth of the lot; provided, however, it need not exceed ten feet (10') in depth.

   B.   Courts:

      1.   Outer Court: If an outer court is provided, it shall be not less than five feet (5') wide nor less than one-sixth (1/6) the length of such court from the closed end.

      2.   Inner Court: If an inner court is provided, it shall be not less than six feet (6') wide, nor shall its area be less than twice the square of its least required dimension.

   C.   Lot Coverage: No building with its accessory buildings, to be used for commercial purposes, shall occupy in excess of ninety percent (90%) of the lot area.

   D.   Additional Requirements For Residential Buildings: Notwithstanding any of the requirements in this section, buildings used in whole or in part for residential purposes shall conform to the yard, floor area ratio and density restrictions for such buildings in chapter 7, article B of this title for one- or two-family dwellings and in chapter 7, article C of this title for multi-family dwellings. (Ord. 2018-1572, 11-20-2018)

The Village building inspector shall not issue a permit for new construction or substantial improvement of structures in areas zoned B-1 Central Business District until such time that a site plan for the location of an improvement to the premises in the district so zoned shall be submitted for recommendation to the Zoning Board of Appeals. "Substantial improvement" is defined as any repair, reconstruction, or addition of a structure, the cost of which equals or exceeds ten percent (10%) of the market value of the structure before the improvement is started. The term should not, however, include such actions taken to comply with existing State or local codes and ordinances or alterations to a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. Such site plans shall include all other requirements of section 10-3-4 of this title. (Ord. 2017-1520, 9-5-2017)

It is the purpose of the B-2 general retail business district to provide adequate and reasonable regulations for those business areas along Prospect Road south of the railroad and other areas in the village where general retail businesses are already established or where it may be appropriate to encourage such use. (Ord. 740, 4-7-1970)

No building or premises in the B-2 general retail business district shall be hereafter erected or altered, unless otherwise provided in this title, except for the following uses:

Uses permitted in the B-1 central business district, subject to the regulations of that district.

Bowling alleys, indoor theaters, dance halls, gymnasiums, meeting halls, lodge halls, clubs and other recreational or fraternal establishments, but not including recreational uses conducted primarily in the open such as golf driving ranges and miniature golf.

Business, trade, dancing, music or art schools.

Electric substations and telephone exchanges.

Offices.

Personal service shops.

Stores and shops for the conduct of any retail business, provided all goods or products offered for sale are displayed and stored within a building. Eating or drinking establishments designed for consumption in cars parked or which may be parked on the premises, commonly known as "drive-ins", are not to be construed as permitted hereby. They are designated a special use under section 10-8B-3 of this article.

Undertaking establishments and funeral parlors. (Ord. 740, 4-7-1970; amd. Ord. 817, 4-3-1973)

   A.   Special Uses Enumerated: The following uses may be allowed by special use permit upon application to and approved by the governing body:

Drive-in restaurants.

Gasoline filling stations.

Medical cannabis dispensing organizations but only under the following conditions:

      1.   No such dispensing organization shall be located within one thousand feet (1,000') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, public park, public library, residential substance abuse treatment facility, or place of worship.

      2.   No dispensing organization shall be located in a house, apartment, condominium or physician's office.

      3.   No person shall reside in or permit any person to reside in a dispensing organization.

      4.   No person under the age of eighteen (18) shall be allowed to enter a dispensing organization unless accompanied by a parent or guardian.

      5.   Drive-through services shall be prohibited.

      6.   Outdoor seating areas shall be prohibited.

      7.   Consumption of medical cannabis on the premises, including the parking area, shall be prohibited.

      8.   Hours of operation shall be not earlier than eight o'clock (8:00) A.M. and not later than seven o'clock (7:00) P.M.

      9.   Any such dispensing organization shall be operated in compliance with applicable Federal, State and local laws and regulations.

Roadside markets, landscape nursery sales yard, building material sales yard or similar use where the products are primarily displayed outside of a building.

Used car sales lots.

   B.   Factors Considered: In its deliberation, the Governing Body shall give due consideration to the following probable effects the proposed special use would have on surrounding land uses:

      1.   The location of access drives into the site with respect to their creating traffic hazards;

      2.   The adequacy of on site parking;

      3.   Lighting of the premises;

      4.   Adequacy of supervision; and

      5.   Hours of operation. (Ord. 2013-1397, 12-17-2013)

Height, yard, court and coverage requirements of sections 10-8A-4 and 10-8A-5 of this chapter shall apply in the B-2 General Retail Business District. (Ord. 740, 4-7-1970)

The Village building inspector shall not issue a permit for new construction or substantial improvement of structures in areas zoned B-2 General Retail Business District until such time that a site plan for the location of an improvement to the premises in the district so zoned shall be submitted for recommendation to the Zoning Board of Appeals. "Substantial improvement" is defined as any repair, reconstruction, or addition of a structure, the cost of which equals or exceeds ten percent (10%) of the market value of the structure before the improvement is started. The term should not, however, include such actions taken to comply with existing State or local codes and ordinances or alterations to a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. Such site plans shall include all other requirements of section 10-3-4 of this title. (Ord. 2017-1520, 9-5-2017)

It is the intent and purpose of the B-3 Service Business District to provide adequate regulations of those businesses closely associated with the Illinois River or those located along Galena Road designated a major thoroughfare on the Comprehensive Regional Plan. Because of these unique locations where this district is mapped, special uses and regulations are appropriate. (Ord. 740, 4-7-1970)

No building or premises shall be used and no building shall hereafter be erected or altered within any B-3 Service Business District, unless otherwise provided in this title, except for the following uses:

Any use permitted in the B-2 General Retail Business District.

Gasoline service stations, trucking depots and transfer stations.

Marinas, boatyards, boat sales, boat storage and boat clubs.

Motels and boatels.

Parks and recreation areas operated by a unit of government.

Water storage, purification, intake or pumping station and sewer lift station. (Ord. 740, 4-7-1970)

The following uses may be allowed by special use permit upon application to and approval by the Governing Body:

Any establishment where massage or massage therapy is provided for compensation subject to the following conditions (such establishments are not allowed as either a permitted use or special use in any other zoning district):

   A.   No portion of any building housing any such establishment may be located within one hundred feet (100') of the lot line of any parcel occupied by a building used for residential purposes or any parcel occupied by any church or public or private school.

   B.   No such establishment shall be located within five hundred feet (500') of any other such establishment.

   C.   No person shall provide massage or massage therapy within any such establishment except between the hours of eight o'clock (8:00) A.M. and seven o'clock (7:00) P.M. each day.

Trailer and mobile home parks.

   A.   In its deliberation, the Governing Body shall give due consideration to: 1) the probable effect the proposed special use would have on surrounding land uses; and 2) the location of access drives into the site with respect to their creating traffic hazards.

   B.   The proposed site shall contain not less than ten (10) acres and not less than fifty (50) mobile home spaces available at first occupancy, nor more than ten (10) mobile homes per gross acre.

   C.   A greenbelt planting not less than twenty feet (20') in width shall be located along all lot lines of the proposed site not bordering on a street or the Illinois River. Such greenbelt shall be composed of one row of deciduous or evergreen trees, spaced not more than forty feet (40') apart, and not less than three (3) rows of shrubs, spaced out more than eight feet (8') apart. (Ord. 2017-1516, 9-5-2017)

Height, yard, court and coverage requirements shall be the same as sections 10-8A-4 and 10-8A-5 of this chapter; except, that no building or structure shall be closer than forty feet (40') to the right-of-way line of Galena Road and no building, structure or fill shall be located or placed between the present shoreline and permit line without first obtaining therefor a special use permit from the Governing Body. Such permit shall be granted only if a specific detailed site plan is presented and the evidence indicates that the proposal will enhance the usefulness and beauty of the riverfront and will not adversely affect surrounding properties. (Ord. 1104, 5-7-1996)

The Village building inspector shall not issue a permit for new construction or substantial improvement of structures in areas zoned B-3 Service Business District until such time that a site plan for the location of an improvement to the premises in the district so zoned shall be submitted for recommendation to the Zoning Board of Appeals. "Substantial improvement" is defined as any repair, reconstruction, or addition of a structure, the cost of which equals or exceeds ten percent (10%) of the market value of the structure before the improvement is started. The term should not, however, include such actions taken to comply with existing State or local codes and ordinances or alterations to a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. Such site plans shall include all other requirements of section 10-3-4 of this title. (Ord. 2017-1520, 9-5-2017)

It is the intent and purpose of the B-4 low impact industrial district to provide adequate regulations of those businesses engaged in "clean" (low environmental impact) industrial and commercial uses of property so zoned that will be compatible with neighboring residential and retail zoning districts. (Ord. 1076, 6-15-1993)

No building or premises shall be used and no building shall hereinafter be erected or altered within any B-4 low impact industrial district, unless otherwise provided in this title, except for the following uses:

Any use permitted in the B-2 general retail business district (subject to the restrictions of that district).

Bakery manufacturing/processing.

Bedding and furniture storage/assembly.

Cloth products manufacturing.

Commercial testing laboratories (no hazardous materials).

Computer services.

Display rooms - merchandise retail/wholesale.

Electronic, scientific precision instrument manufacturing.

Frozen food lockers.

Health centers.

Laboratories - research and testing (no hazardous materials).

Laundries.

Light machinery products - appliances, business machines, computers, etc.

Lithographing.

Mail order houses.

Musical instruments assembly.

Orthopedic and medical appliance manufacture.

Photofinishing laboratories.

Pottery and ceramics manufacture.

Printing and publishing establishments.

Radio/TV stations (no tower).

Railroad transportation (no switching yards).

Recreation - indoor commercial.

Research - noncommercial, scientific, educational.

Wearing apparel assembly. (Ord. 1076, 6-15-1993)

The following uses may be allowed by special use permit upon application to and approval by the governing body:

Outdoor storage of materials, supplies and equipment (except for motor vehicles in operable condition used for conducting business) used in conjunction with any permitted use listed in section 10-8D-2 of this article.

In its deliberation, the Governing Body shall give due consideration to:

   A.   The probable effect the proposed special use would have on surrounding land uses;

   B.   The type of material, equipment or supply to be stored outside;

   C.   The manner and method of enclosure (screening); and

   D.   The frequency with which the material, equipment or supply is to be used or expended or moved in and out of the proposed outdoor storage location. (Ord. 1076, 6-15-1993)

Height, yard, court and coverage requirements of sections 10-8A-4 and 10-8A-5 of this chapter shall apply in the B-4 Low Impact Industrial District. (Ord. 1076, 6-15-1993)

All manufacturing, fabricating, assembly, and processing of materials, articles and products shall be subject to the performance standards of the I-3 District of the Peoria County zoning ordinance, which standards are hereby adopted by reference. (Ord. 1076, 6-15-1993)

The use of any and all hazardous materials within any area zoned B-4 Low Impact Industrial District shall at all times be in strict accordance with applicable State and/or Federal environmental laws and regulations. (Ord. 1076, 6-15-1993)

The Village building inspector shall not issue a permit for new construction or substantial improvement of structures in areas zoned B-4 Low Impact Industrial District until such time that a site plan for the location of an improvement to the premises in the district so zoned shall be submitted for recommendation to the Zoning Board of Appeals. "Substantial improvement" is defined as any repair, reconstruction, or addition of a structure, the cost of which equals or exceeds ten percent (10%) of the market value of the structure before the improvement is started. The term should not, however, include such actions taken to comply with existing State or local codes and ordinances or alterations to a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. Such site plans shall include all other requirements of section 10-3-4 of this title. (Ord. 2017-1520, 9-5-2017)

   A.   Generally: It is the purpose of the I-1 industrial district regulations:

      1.   To protect established residential areas from nearby industrial, retail and commercial activities which may create offensive noise, vibration, smoke, dust, odors, heat, glare, fire hazards and other objectionable influences;

      2.   To protect established residential areas from nearby industrial, commercial and retail activities which may cause deleterious secondary effects as more fully set forth in subsection B of this section;

      3.   To protect established residential areas, recognizing the rising incidence in the abuse of controlled substances, from the resultant damage to the peace, health and welfare of the citizens of the village; and

      4.   To protect the limited amount of suitable industrial land from preemption by other uses and thereby to protect and enhance the tax base of the village. Limiting the location of sexually oriented adult uses and of facilities established to treat the abuse of, or the psychological or physiological dependence on, alcohol or controlled substances to the I-1 industrial district will produce relatively small or fewer adverse secondary effects on and will promote the health, safety, morals and general welfare of the citizens of the village. (Ord. 2008-1301, 9-2-2008)

   B.   Sexually Oriented Adult Businesses:

      1.   Purpose And Exemptions: It is a purpose of the sexually oriented adult business regulations set out in this article to regulate sexually oriented adult 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 secondary effects of adult businesses within the village. The provisions of sexually oriented adult business regulations have neither the purpose nor the effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor the effect of sexually oriented adult business regulations 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. Sexually oriented adult business regulations do not apply to theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music, and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering of entertainment which is intended for the sexual interests or titillation of customers, and where the establishment is not distinguished by an emphasis on or the advertising or promotion of nude or seminude performances. Neither is it the intent nor effect of sexually oriented adult business regulations to condone or legitimize the distribution of obscene material.

      2.   Findings: Based on evidence of the adverse secondary effects of sexually oriented adult uses, presented in hearings and in reports made available to the village, and on findings incorporated in the cases of Village Of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap's A.M. v. Village Of Erie, 529 U.S. 277 (2000); Village Of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); Ben's Bar, Inc. v. Village Of Somerset, 316 F.3d 702 (7th Cir. 2003) (and cases cited therein); Wise Enterprises, Inc. v. Unified Gov't Of Athens-Clarke County, Georgia, 217 F.3d 1360 (11th Cir. 2000); see BZAPS, Inc. v. Village Of Mankato, 268 F.3d 603 (8th Cir. 2001); Sammy's Of Mobile, Ltd. v. Village Of Mobile, 140 F.3d 993 (11th Cir. 1998); Artistic Entm't, Inc. v. Village Of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Schultz v. Village Of Cumberland, 26 F.Supp.2d 1128 (W.D. Wisc. 1998), aff'd in part, rev'd in part, 228 F.3d 831 (7th Cir. 2000); see Gary v. Village Of Warner Robins, Georgia, 311 F.3d 1334 (11th Cir. 2002); Blue Canary Corp. v. Village Of Milwaukee, 270 F.3d 1156 (7th Cir. 2001); Department Of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. Of California, 99 Cal. App. 4th 880 (Cal. Ct. App. 2002); Matney v. County Of Kenosha, 86 F.3d 692 (7th Cir. 1996); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Berg v. Health & Hospital Corp., 865 F.2d 797 (1989); DiMa Corp. v. Town Of Hallie, 20085 F.3d 823 (1999); Entertainment Concepts v. Maciejewski, 631 F.2d 497 (1980); Genusa v. Village Of Peoria, 619 F.2d 1203 (1980); Graff v. Village Of Chicago, 9 F.3d 1309 (1993); North Avenue Novelties, Inc. v. Village Of Chicago, 88 F.3d 441 (1996); Chulchian v. Village Of Indianapolis, 633 F.2d 27 (7th Cir. 1980); United States v. Sturman, 49 F.3d 1275 (7th Cir. 1995); County Of Cook v. Renaissance Arcade And Bookstore, 122 Ill. 2d 123 (1988) (including cases cited therein); and other cases; and on reports of secondary effects occurring in and around sexually oriented adult businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota - 1980; Houston, Texas - 1997; Indianapolis, Indiana - 1984; Amarillo, Texas - 1977; Garden Grove, California - 1991; Los Angeles, California - 1977; St. Cloud, Minnesota - 1994; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma Village, Oklahoma - 1986; police reports, Gary, Indiana - 2000; Dallas, Texas - 1997; St. Croix Village, Wisconsin - 1993; Bellevue, Washington - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; and also on findings from the Report Of The Attorney General's Working Group On The Regulation Of Adult Uses (June 6, 1989, state of Minnesota), the village finds:

         a.   Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, illicit sex acts, potential spread of sexually transmitted diseases, lewdness, public indecency, illegal drug use and drug trafficking, negative impacts on property values, urban blight, pornographic litter, and sexual assault and exploitation.

         b.   The consumption of alcoholic beverages on the premises of sexually oriented businesses exacerbates the deleterious secondary effects of such businesses.

         c.   Each of the foregoing negative secondary effects constitutes a harm, which the village has a substantial government interest in preventing and/or abating. (Ord. 2008-1302, 9-2-2008)

No building or premises shall be used and no building shall hereafter be erected or altered within any industrial district, unless otherwise provided in this title, except for the following:

Any permitted use allowed in any other district.

Building material storage yards, contractor plants or storage yards, and lumberyards.

Laboratories.

Manufacturing, fabricating, assembly and processing of materials, ordnance and products (other than automotive uses), subject to the following standards, which standards shall not apply to agriculture, telecommunications carrier facilities or exempt public utility structures:

   A.   All production, fabrication, servicing, assembling, testing, repair and processing shall be conducted wholly within an enclosed building or behind a uniformly painted solid fence of at least six feet (6') in height; and additional fencing or screening, landscaping and buffer yards as required by the board of trustees. However, accessory uses, equipment and structures (including, but not limited to: storage and uses related to experimentation, testing, inspection and development of goods, materials or products and equipment and structures incidental thereto) may be unenclosed; provided, that the use is not adjacent to a residential district or business commercial district.

   B.   No storage, cleaning of equipment, or accessory buildings may be located in front of the building line established by the principal building or in any required setback or buffer area.

Public utility substations, distribution centers, and gas regulator stations.

Wholesale business establishments, warehouses, and storage of household goods.

Offices and display rooms as an accessory use to any of the above permitted uses.

Medical cannabis cultivation center but only under the following conditions:

   A.   No such cultivation center shall be located within two thousand five hundred feet (2,500') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home or group daycare home, part day childcare facility, public park, public library, residential substance abuse treatment facility, place of worship, or an area zoned for residential use.

   B.   No person shall reside in or permit any person to reside in a cultivation center.

   C.   No person under the age of eighteen (18) shall be allowed to enter a cultivation center unless accompanied by a parent or guardian.

   D.   Drive-through services shall be prohibited.

   E.   Outdoor seating areas shall be prohibited.

   F.   Consumption of medical cannabis on the premises, including the parking area, shall be prohibited.

   G.   Hours of operation shall be not earlier than eight o'clock (8:00) A.M. and not later than seven o'clock (7:00) P.M.

   H.   Any such cultivation center shall be operated in compliance with applicable Federal, State and local laws and regulations. (Ord. 2013-1397, 12-17-2013; amd. 2016 Code; Ord. 2022-1679, 6-7-2022)

The following uses may be allowed by special use permit upon application to and approval by the Board of Trustees:

Any special use allowed in any other district.

Adult use businesses.

   A.   With respect to sexually oriented adult uses, the Board of Trustees, in its deliberation, shall give due consideration to the probable effect the proposed special use would have on surrounding land uses, including due consideration to the following:

      1.   All factors set for consideration under the entry reading "drug treatment and rehabilitation facilities" in this section;

      2.   A sexually oriented adult use shall not be allowed within five hundred feet (500') of another existing sexually oriented adult use;

      3.   A sexually oriented adult use shall not be located within seven hundred feet (700') of any zoning district which is zoned for conservation use or residential use. For the purpose of this subsection, "zoned for residential use" means R-1 through R-3 Districts, to include R-P Planned Residential District, and B-1 through B-4 Business Districts. I-1 is not a category included in "zoned for residential use" for purposes of this subsection;

      4.   A sexually oriented adult use shall not be located within five hundred feet (500') of a preexisting school, park, cemetery, preschool, nursery or place of worship; and

      5.   The sale, use, or consumption of alcoholic beverages on the premises of a sexually oriented adult use is prohibited unless the sexually oriented adult use has a liquor license issued pursuant to applicable Village ordinance.

   B.   The provisions stated in this entry shall not apply to any sexually oriented adult use in existence and lawfully established at the effective date hereof, so long as the sexually oriented adult use continues to conduct its business at the location it was doing business at the effective date hereof and does not change the nature of the sexually oriented adult use; provided, that such sexually oriented adult use may expand its operation into an adjoining structure which is not closer to a district zoned for residential use or a preexisting school or place of worship and is operated as an integral part of the original location.

Automotive uses, subject to the following limitations:

   A.   All vehicles of whatever condition connected to the automotive use shall be parked only on off-street parking facilities located on the lot occupied by the automotive use.

   B.   No special use may be granted authorizing a junkyard or the activities of an automotive parts recycler, scrap processor or rebuilder for any site which is adjacent to property either zoned or utilized for residential purposes.

   C.   All maintenance, repair, rebuilding or other processing of vehicles shall occur solely within a totally enclosed permanent structure.

Drug treatment and rehabilitation facilities.

   A.   A special use permit shall be required to locate or relocate within the Village.

   B.   With respect to drug treatment and rehabilitation facilities, the Board of Trustees, in its deliberation, shall give due consideration to the probable effect the proposed special use would have on surrounding land uses, including consideration to:

      1.   The effect the project will have as a traffic generator on streets giving access to the site;

      2.   The location of access drives into the site with respect to their creating traffic hazards;

      3.   The adequacy of on site parking;

      4.   Lighting of the premises;

      5.   Adequacy of supervision;

      6.   Hours of operation;

      7.   Deleterious secondary effects the proposed special use would have on surrounding land uses; and

      8.   The history of compliance with Village ordinances, the history of peacefulness and compliance of the establishment at its prior location, if any, police reports relevant to the establishment and other information relevant to the effect the special use would have on surrounding land uses or the residents of the Village.

Firearms related facilities subject to the following limitations:

   A.   Firearms related facilities may be located by special use only within the I-1 Zoning District.

   B.   Any special use allowing the operation of a firearms related facility shall be personal to the applicant/grantee. Such a special use may not be assigned, sold, transferred or operated either voluntarily or involuntarily by any person other than the approved applicant for the special use. Any transfer of any interest in a corporate applicant/grantee by a shareholder, manager or other is prohibited.

   C.   Any person granted a special use to establish firearms related facility shall report and collect any Retailer's Occupation Tax or other Sales Tax due on any transaction to the Illinois Department of Revenue and shall pay all taxes when due.

   D.   The recipient of a special use to operate a firearms related facility shall maintain a record of all transactions by the facility which shall be available for inspection by any representative of the Police Department during regular business hours. (Ord. 2018-1549, 3-20-2018; amd. Ord. 2022-1679, 6-7-2022)

   A.   Exterior Display: No adult use shall be conducted in any manner that permits the observation of any material characterized by an emphasis on specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property.

   B.   Minors:

      1.   Employment Prohibited: It shall be unlawful for any sexually oriented adult use business to employ in any capacity within the sexually oriented adult business any person who is not at least eighteen (18) years of age.

      2.   Presence On Premises Prohibited:

         a.   It shall be unlawful for any individual under the age of eighteen (18) years to enter or remain on the premises of a sexually oriented adult use.

         b.   It shall be unlawful for any sexually oriented adult use licensee or his manager or employee to allow a person who is under the age of eighteen (18) years to enter or remain on the premises of a sexually oriented adult business or use.

   C.   Illegal Activities Enumerated: Nothing contained in this section is intended or shall be construed to permit or authorize activities which are unlawful under State law or Village ordinance.

      1.   It shall be a violation of this subsection for a sexually oriented adult use business to knowingly operate an adult video booth other than as follows:

         a.   The adult video booth shall be permanently open.

         b.   The entranceway shall not be closed or obstructed, entirely or partially, by any door, curtain, partition, drape or any other obstruction.

      2.   It shall be a violation of this subsection for any person to knowingly enter or remain present in an adult booth at any time the adult booth is occupied by another person, unless two (2) or more persons are necessary for repair or maintenance of the booth.

      3.   It shall be a violation of this subsection for any person to create, maintain, or permit holes or openings of any kind to exist between adult booths.

      4.   It shall be a violation of this subsection for any person to possess, use or distribute any illegal controlled substance on the premises of a sexually oriented adult use.

      5.   It shall be a violation of this subsection for any person to engage in any act of sexual intercourse, masturbation, sodomy, lewdness, assignation or prostitution on the premises of a sexually oriented adult use.

   D.   Inspections: Sexually oriented adult uses shall permit officers or agents of the Village to inspect, from time to time and at least twice a year, the portions of the sexually oriented adult use premises where patrons are permitted for the purpose of ensuring compliance with the specific regulations of this section, during those times when the sexually oriented business is occupied by patrons or is open for business. Such inspections shall be made in a reasonable manner, and shall not include areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

   E.   Penalties: Any person or entity which shall violate any of the provisions of this section shall be subject to loss of any special use permit previously granted hereunder. The Village Attorney is hereby authorized to institute civil proceedings necessary for the enforcement of this section to prosecute, restrain, or correct violations hereof. Such proceedings, including injunction, shall be brought in the name of the Village; provided, however, that nothing in this section and no action taken hereunder shall be held to exclude ordinance violation proceedings authorized by law. (Ord. 2008-1302, 9-2-2008)

The Village building inspector shall not issue a permit for new construction or substantial improvement of structures in areas zoned I-1 Industrial District until such time that a site plan for the location of an improvement to the premises in the district so zoned shall be submitted for recommendation to the Zoning Board of Appeals. "Substantial improvement" is defined as any repair, reconstruction, or addition of a structure, the cost of which equals or exceeds ten percent (10%) of the market value of the structure before the improvement is started. The term should not, however, include such actions taken to comply with existing State or local codes and ordinances or alterations to a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. Such site plans shall include all other requirements of section 10-3-4 of this title. (Ord. 2017-1520, 9-5-2017)