(A)   The Polo City Council finds that sexually oriented businesses are associated with high crime rates in certain areas; deteriorated commercial and residential areas; depreciation of property values in the area; and dramatic changes in the character of the neighborhood when more than one sexually oriented business is operating in a given area.

   (B)   It is the intent of regulating adult uses to protect the public health, safety and welfare of the community by limiting the deleterious effects of sexually oriented businesses on the use and enjoyment of property in adjacent areas.

(Ord. 08-20, passed 12-15-08)

   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for 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 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 or 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 material.

      (1)   Features topless dancers, strippers, “go-go” dancers, male or female impersonators, lingerie or bathing suit fashion shows;

      (2)   Not infrequently features entertainers who display “specified anatomical areas;” or

      (3)   Features entertainers who by reason of their appearance manner which is designed primarily to appeal to the prurient features entertainers who engage in, or are engaged in “specified sexual activities.”

   SPECIFIED ANATOMICAL AREAS.

      (1)   Less than completely and opaquely covered human genitals, pubic region, buttock, female breasts below a point immediately above the top of the areola; and

      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

      (1)   Human genitals in the state of sexual stimulation or arousal; acts or simulated acts of human masturbation, sexual intercourse, bestiality, oral copulation or sodomy;

      (2)   Actual or simulated touching, caressing, or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts;

      (3)   Actual or simulated display of breasts, buttocks, pubic hair, anus, vulva or genitals; and

      (4)   Display of moving pictures or photographic slide presentations depicting acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation or any other sexual acts as defined herein.

(Ord. 08-20, passed 12-15-08)

   Adult uses should be prohibited in all areas of the city except they may be located in an area zoned as M-1 (if in compliance with all provisions of the M-1 zone and these requirements), subject to the following:

   (A)   No adult use shall be located within 1,000 feet of any property that is zoned or used for:

      (1)   Residences;

      (2)   Churches or other religious institutions;

      (3)   Schools;

      (4)   Parks or recreational facilities;

      (5)   Amusement parks;

      (6)   Forest preserves;

      (7)   Hotels, motels or bed and breakfasts;

      (8)   Childcare or daycare centers;

      (9)   Convalescent homes;

      (10)   Nursing homes;

      (11)   Hospitals or other health clinics;

      (12)   Federal, state, county, city or other governmental offices;

      (13)   Supermarket or convenience food markets;

      (14)   Sit down or fast food restaurants.

   (B)   No adult use shall be located within 2,000 feet of any other adult use.

   (C)   No adult use shall be permitted to operate within 300 feet of the right-of-way line of Illinois Route 26.

   (D)   Vehicular access to an adult use shall be from a public street or private drive that is interior to, or within the manufacturing development. No direct access to an adult use shall be allowed from any collector or arterial street that has frontage along a manufacturing development or district in which an adult use is proposed to be located.

(Ord. 08-20, passed 12-15-08) Penalty, see § 152.999

   (A)   The distance between any two adult uses facilities shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

   (B)   The distance between an adult use facility and any property zoned or used for residential, institutional, recreational, business and/or governmental purposes identified above shall be measured in a straight line without regard for intervening structures, from the closest property line of the adult use to the closest property line of any property zoned or used for residential, institutional, recreational, business and/or governmental uses listed above.

(Ord. 08-20, passed 12-15-08) Penalty, see § 152.999

   (A)   Standards and submittal requirements for site development associated with an adult use shall be as presented in § 152.095 of this zoning code which regulate permitted uses in the city’s M-1 district(s).

   (B)   Prior to the issuance of any permit for the construction or occupancy of an adult use(s) location, the applicant for the permit(s) on property already zoned M-1 shall proceed through a site plan review procedure before the City Council at a public meeting. No public hearing shall be required.

   (C)   (1)   Notification of any meeting at which the city shall consider a proposal for an adult use facility shall be made to adjacent property owners according to notice requirements for appeals, variations, amendments and special use permits, included in this zoning code.

      (2)   However, a petitioner shall not be required to publish the time, date and place of the meeting in one or more local newspapers having a general circulation in the city as otherwise stipulated for public hearings.

   (D)   Site plan review for an adult use shall be considered by the City Council within 60 days of filing.

   (E)   To assure that the design and operation of the adult use is in conformance with all city ordinances and is compatible with surrounding uses, the City Council may place conditions on the development and operation of the adult use including but not limited to the following:

      (1)   Site plan;

      (2)   Floor plan;

      (3)   Construction materials;

      (4)   Lighting;

      (5)   Parking and circulation;

      (6)   Ingress and egress;

      (7)   Landscaping and screening; and

      (8)   Signage.

(Ord. 08-20, passed 12-15-08) Penalty, see § 152.999

   No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use.

(Ord. 08-20, passed 12-15-08) Penalty, see § 152.999

   The hours of operation for any adult use shall be limited to the following:

   (A)   Monday through Saturday: daily from 6:00 a.m. until 1:00 a.m. the following day.

   (B)   Sunday: no hours of operation except until 1:00 a.m. as provided in division (A) above.

(Ord. 08-20, passed 12-15-08) Penalty, see § 152.999

   (A)   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.

   (B)   This section shall apply to any display, decoration, sign, show window or other opening.

(Ord. 08-20, passed 12-15-08) Penalty, see § 152.999

   (A)   It shall be unlawful to maintain, operate or manage or permit to be maintained, operated or managed, any adult theater or arcade in which the viewing areas are not visible from a continuous main aisle, or are obscured by a curtain, door wall or other enclosure.

   (B)   It shall be unlawful for more than one person at a time to occupy any individually partitioned viewing areas or booth.

   (C)   It shall be unlawful to create, maintain or permit to be maintained, any holes or other openings between any two booths or individual viewing areas for the purpose of providing physical access between the booth or individual viewing area.

   (D)   The opening to the viewing area shall be from the main aisle described in division (A) above.

(Ord. 08-20, passed 12-15-08) Penalty, see § 152.999