The purpose of the AU Adult Use Overlay District is to provide reasonable and uniform regulations which allow for the establishment of adult uses, as defined in section 12-2-2 of this title, while preventing the concentration of adult uses. It is the intent of this chapter that these regulations be utilized to prevent problems of blight and deterioration, criminal activity and deleterious or adverse effects on other business activities which accompany and may be brought about by the location of adult uses. The overlay district provides for location of such uses and an approval process which allows the consideration of each proposed use at its proposed location in a manner complimentary with the land uses of the adjacent and nearby properties.

(Ord. 98-4-8M, 4-8-1998)

   A.   Procedure: The Village Board of Trustees may, upon the recommendation of the Zoning Board of Appeals and in accordance with the procedures for amending the Zoning Map, designate by ordinance any zoning lot within an E Service and Light Industrial Zoning District as also being within an AU Adult Use Overlay District.

   B.   Significance: The regulations contained in this chapter applicable to the AU Adult Use Overlay District shall supplement the regulations applicable to the E Service and Light Industrial Zoning District underlying zoning district with regard to the uses listed in subsection 12-8-3B of this chapter. Any ordinance which applies to the underlying district shall continue to be in full force unless specifically modified herein, or modified by an ordinance designating an area as being within an AU Adult Use Overlay District.

(Ord. 98-4-8M, 4-8-1998)

   A.   No adult use shall be operated within the Village unless such use is located within an AU Adult Use Overlay District and a special use permit has been issued allowing the operation of the adult use, following a public hearing as provided in chapter 3, article B of this title.

   B.   The following uses shall be allowed as a special use on parcels that are located within an AU Adult Use Overlay District:

Adult book stores.

Adult entertainment cabarets.

Adult motion picture theaters.

(Ord. 98-4-8M, 4-8-1998)

An application for a proposed adult use shall be filed with the Director of Building and Code Enforcement and shall contain the following information:

   A.   The name, address and telephone number of the applicant.

   B.   A complete disclosure of investors in the proposed adult use.

   C.   A recent plat of survey (1 year or less) and legal description prepared by a registered land surveyor of Illinois showing all the improvements thereon as exist as of the date of the application.

   D.   A typewritten list of all of the property owners within one thousand feet (1,000') of the proposed adult use.

   E.   The zoning districts of the property and all of the other properties within one thousand feet (1,000') of the proposed adult use.

   F.   Descriptions of the existing use of the property and of the specific nature of the proposed adult use.

   G.   A site plan showing the location of all structures, parking and loading areas, open spaces, landscaping, yards, refuse and service areas, utilities, signs, and traffic accesses and circulation ways.

   H.   Architectural renderings or sketches illustrating the appearance of the proposed use.

   I.   A plan depicting how the exterior areas of the lot or parcel including, but not limited to, all parking areas, on which the adult use is to be located will be illuminated. The plan shall show the location of each fixture that will be used to illuminate the exterior area and specify in candlepower the amount of illumination the fixture will provide.

   J.   A plot plan, to an easily measurable scale, indicating the structure in which the adult use is to be conducted and identifying and locating all land uses and property lines within a radius of one thousand feet (1,000') of the proposed adult use.

(Ord. 98-4-8M, 4-8-1998)

No special use permit to allow an adult use shall be issued unless, in addition to the requirements applicable under chapter 3, article B of this title, the following standards are met and the following findings are made:

   A.   No adult use shall be allowed within one thousand feet (1,000') from any residentially zoned lot, any existing adult use, any existing school, childcare facility, place of worship, park, play lot, public recreation facility, or Municipally owned theater or sports, entertainment or convention arena. Such distances shall be measured along a straight line without regard to intervening structures or uses from the nearest property line of the AU lot to the nearest property line of the residentially zoned lot or pre-existing use;

   B.   Any lot or parcel containing an adult use shall be adjacent to or have a common lot line with an improved public street;

   C.   Off street parking is provided in adequate number as required by subsection J of this section, and in a manner and location that will not impair drainage, increase stormwater runoff, or generate traffic congestion and safety hazards to the public;

   D.   The exterior areas of the lot or parcel on which the adult use is located including, but not limited to, adjacent parking areas, shall be illuminated to not less than four (4) candlepower;

   E.   The adult use shall have no negative impact upon existing parking conditions on adjacent streets;

   F.   The adult use shall not increase traffic congestion or impair safety for pedestrians and vehicular traffic on Village streets;

   G.   Adequate measures have been taken or will be taken to minimize noise impacts on adjacent and nearby properties;

   H.   Adequate measures have been or will be taken to minimize the impact of light and glare on adjacent and nearby properties with recognition of increasingly stringent standards to be applied at more sensitive times of day including, but not limited to, night and early morning hours;

   I.   The adult use shall not be conducted in any manner that permits the observation from any point not on the lot on which the adult use is located of any material depicting, describing or relating to specified anatomical areas or specified sexual activities including, but not limited to, any display, decoration, sign, show window or other opening;

   J.   There will be sufficient off street parking available for customers and employees of the adult use to meet one hundred percent (100%) of peak demand independent of the off street parking;

   K.   All entrances to the adult use shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises; and

   L.   There shall be no outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to the adult use.

(Ord. 98-4-8M, 4-8-1998)

   A.   Any adult use for which a special use permit is issued shall, as a condition of such special use permit, be operated so that there is compliance at all times with the standards set forth in section 12-8-5 of this chapter.

   B.   There shall not be any alcoholic beverages sold, served or consumed on the premises of an adult use for which a special use permit is issued.

(Ord. 98-4-8M, 4-8-1998)