Southern View City Zoning Code

DISTRICTS

§ 154.020 GENERAL.

(A) In order to classify, regulate and restrict the locations of trades, industries and the location of buildings designated for specified uses; to regulate and limit the height and bulk of buildings hereafter erected or structurally altered; to regulate and limit the intensity of the use of the lot areas; and to regulate and determine the areas of yards, courts and other open spaces within and surrounding such buildings, the village is divided into districts, known as:

(1) R-1 Residential District;

(2) R-2 Residential District;

(3) C-1 Commercial District; and

(4) C-2 Commercial District.

(B) The boundaries of the districts are shown upon the map which is made a part of this chapter, which map is designated as the zoning map. The zoning map and all notations, references and other information shown thereon are a part of this chapter and have the same force and effect as if the zoning map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which zoning map is properly attested and is on file with Village Clerk.

(C) All property hereafter annexed to the village shall be classified in the R-1 Residential District until such classification is changed by amendment to this chapter or publication of a new zoning map in accordance with 65 ILCS 5/11-13-19.

(D) Whenever any street, alley or other public way is vacated, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such a vacation, and all area included in the vacation shall then be subject to all appropriate regulations of the extended districts.

(E) Except as hereinafter provided:

(1) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located;

(2) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit for the district in which the building is located;

(3) No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area regulations of the district in which the building is located;

(4) The minimum yards, off-street parking spaces and other open spaces, including lot area per family, required by this chapter for each and every building existing at the time of passage of this chapter or for any building hereafter erected shall not be encroached upon or considered as yard, parking spaces or open space requirements for any other building; and

(5) Every building hereafter erected or structurally altered shall be located on at least one lot, as herein defined, and in no case shall there be more than one main building on one lot unless otherwise provided in this chapter.

(Prior Code, § 154.020) (Ord. 95-11-01, passed 11-13-1995; Ord. 08-06-01, passed 6-4-2008) Penalty, see § 154.999

§ 154.021 R-1 RESIDENTIAL DISTRICT REGULATIONS.

(A) The regulations set forth in this section, or as set forth elsewhere in this chapter when referred to in such sections, are the district regulations in the R-1 Residential District.

(B) In the R-1 Residential District, no building or premises shall be used and no building shall hereafter be erected or altered except for one or more of the following purposes:

(1) Single-family dwellings (trailers and mobile homes are not considered to be dwellings);

(2) Two-family dwellings;

(3) Churches, but only when off-street parking space is provided upon the lot, or within 200 feet thereof, which space is adequate to accommodate one car for every four persons for which seating is provided in the main auditorium of the church;

(4) Publicly owned buildings, including schools, police or fire stations, libraries, community centers or other public buildings, except township, county, state or federal offices;

(5) Parks or playgrounds; and/or

(6) Accessory buildings, including private garages and accessory uses customarily incident to the above uses, not involving the conduct of a business. Any accessory building that is not a part of the main structure shall be located at least 60 feet from the front lot line or even with the front wall of the main structure, whichever distance is greater.

(C) In the R-1 Residential District, no building shall exceed two and one-half stories or shall exceed 35 feet in height. No accessory building shall exceed 18 feet in height or the height of the existing dwelling structure, whichever is lower. Any accessory building larger than 900 square feet shall be constructed with continuous concrete footings.

(D) In the R-1 Residential District, the minimum dimensions of yards, the maximum percentage of lot occupancy and minimum lot area per family shall be as follows.

(1) Front yard. There shall be a front yard on the front of each building having a depth of not less than 25 feet; provided, however, that where the average depth of the front yard fronting on any one side of the street within a distance of 300 feet on each side of a particular lot exceeds or is less than 25 feet, the depth of the front yard required under this chapter for such a lot shall be such average depth. When the street is curved, the line shall follow the curve rather than be a straight line.

(2) Corner lot; double frontage. No accessory building shall be constructed nearer to the side lot line facing the side street on a corner lot having a double frontage than is the principal building to the side lot line of the lot.

(3) Side yard. There shall be a side yard on each side of a building of not less than 8% of the width of the lot but in no instance shall the side yard be less than three feet, including attached guttering.

(4) Rear yard. There shall be a rear yard having a depth of not less than 25 feet or 16- 2/3% of the depth of the lot, whichever is smaller. There shall be a utility easement of no less than five feet from the rear property line to the outermost portion, including attached guttering, of any accessory building.

(5) Intensity of use. Every lot or tract of land upon which a building is erected shall have an area of not less than 6,000 square feet and an average depth of not less than 75 feet.

(6) Minimum size of dwelling unit. Every dwelling unit constructed shall have not less than 1,400 square feet of floor area.

(7) Off-street parking regulations. Whenever any structure or building is altered or erected on premises used for one of the purposes permitted in this district, there shall be provided off-street parking spaces in the ratio of not less than two parking spaces for each family or dwelling unit.

(E) The owner or proprietor of a home occupation shall register with the Board of Trustees, on forms provided for that purpose, which shall serve as a license for operation in conformance with the limitations in this chapter. All home occupations shall be conducted in accordance with the following limitations:

(1) No person other than members of the family residing in such dwelling unit shall be engaged in such occupation;

(2) The use of the dwelling unit for a home occupation shall be clearly incidental to and subordinate to its use for residential purposes by its occupants and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of a home occupation;

(3) There shall be no signs or display or other change in the outside appearance of the building or premises or other visible evidence of the conduct of a home occupation;

(4) No home occupation shall be conducted in any two-family dwelling or multiple dwelling, in any accessory building or outdoors and no materials shall be stored outdoors;

(5) There shall be no sales of goods or merchandise in a home occupation, except for sales that are clearly incidental to conduct of a home occupation;

(6) No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by a home occupation shall be met off-street and other than in a required front yard; and

(7) The conduct of a home occupation shall not generate noise, airborne debris, odors, fumes, electrical interference, vibrations or any other condition detrimental to adjacent dwelling units or lots. Any home occupation not registered within 90 days of commencement or operated in violation of such limitations shall be subject to license revocation after notice and hearing before the Board of Trustees and to the imposition of a fine as set forth in this chapter.

(Prior Code, § 154.021) (Ord. 95-11-01, passed 11-13-1995; Ord. 95-12-03, passed 12-11-1995; Ord. 96-09-02, passed 9-9-1996; Ord. 07-05-03, passed 5-21-2007; Ord. 08-06-01, passed 6-4-2008; Ord. 11-08-03, passed 8-23-2011) Penalty, see § 154.999

§ 154.022 C-1 COMMERCIAL DISTRICT REGULATIONS.

(A) The regulations set forth in this section, or as set forth elsewhere in this chapter when referred to in such sections, are the district regulations in the C-1 Commercial District.

(B) In the C-1 Commercial District, no structure shall hereafter be erected or altered except for one or more of the following purposes:

(1) Any use permitted in the R-1 Residential District;

(2) Antique shops;

(3) Art galleries;

(4) Art supply stores;

(5) Automobile sales, service and accessories;

(6) Banks;

(7) Barber shops;

(8) Beauty shops;

(9) Boat sales;

(10) Book stores;

(11) Buildings or offices for a township, county, state or federal agency;

(12) Business offices;

(13) Business schools;

(14) Camera and photography shops;

(15) Candy stores;

(16) Carpet and rug stores;

(17) Child day care centers;

(18) China and glassware stores;

(19) Clothing stores;

(20) Craft shops;

(21) Credit unions;

(22) Doughnut shops;

(23) Dry goods stores;

(24) Employment agencies;

(25) Dental clinics;

(26) Dental offices;

(27) Dry cleaning shops;

(28) Emergency health care centers;

(29) Florist shops;

(30) Furniture stores;

(31) Garden supply and seed stores;

(31) Gift shops;

(32) Greenhouses;

(33) Hardware stores;

(34) Health and exercise clubs;

(35) Heating, ventilation and air conditioning shops;

(36) Hobby shops;

(37) Household appliance stores;

(38) Ice cream shops;

(39) Insurance offices;

(40) Interior design shops;

(41) Jewelry and watch shops;

(42) Labor union offices;

(43) Leather and luggage shops;

(44) Loan companies;

(45) Locksmith shops;

(46) Medical clinics;

(47) Medical offices;

(48) Multiple dwellings;

(49) Music shops;

(50) Newspaps er offices;

(51) Newsstands;

(52) Nursery schools;

(53) Office supply stores;

(54) Optical offices;

(55) Paint and wallpaper shops;

(56) Pharmacies;

(57) Photography studios;

(58) Plumbing shops;

(59) Postal substations;

(60) Printing and photocopying shops;

(61) Professional offices;

(62) Restaurants;

(63) Savings and loan associations;

(64) School supply stores;

(65) Shoe shops;

(66) Sporting goods stores;

(67) Stationery stores;

(68) Tailor shops;

(69) Theaters, indoor;

(70) Toy stores;

(71) Travel agencies;

(72) Upholstery shops;

(73) Veterinary clinics, small animals; and

(74) Videotape shops.

(C) In the C-1 Commercial District, no building shall exceed two and one-half stories, nor shall it exceed 35 feet in height.

(D) In the C-1 Commercial District, the following area regulations shall apply.

(1) Front yard. No front yard is required, except where a front setback has been established by structures upon 50% or more of the lots on one block; any new construction or alteration of an existing structure shall conform to such set back.

(2) Side yard. No side yard is required.

(3) Rear yard. No rear yard is required, except that where the rear yard of a lot in this district abuts a lot in the R-1 Residential District, there shall be a rear yard with a depth of not less than 15 feet.

(E) In the C-1 Commercial District, when a lot is improved with a single-family dwelling or two-family dwelling or when one or more dwelling units are erected above a use permitted in the C-1 Commercial District, the intensity of use and minimum size regulations contained in § 154.021 apply.

(Prior Code, § 154.022) (Ord. 95-11-01, passed 11-13-1995; Ord. 98-11-01, passed - -1998; Ord. 01-07-02, passed 7-9-2001; Ord. 08-06-01, passed 6-4-2008; Ord. 02-05-01, passed 5-13-2002; Ord. 03-10-01, passed 10-30-2003; Ord. 09-09-01, passed 9-8-2009) Penalty, see § 154.999

§ 154.023 R-2 RESIDENTIAL DISTRICT REGULATIONS.

(A) The regulations set forth in this section, or as set forth elsewhere in this chapter when referred to in such sections, are the district regulations in the R-2 Residential District.

(B) In the R-2 Residential District, no structure shall hereafter be erected or altered except for one or more of the following purposes:

(1) Any use permitted in the R-1 Residential District;

(2) Nursing homes;

(3) Institutions for the care of the aged; and

(4) Assisted living facilities.

(D) In the R-2 Residential District, the following area regulations shall apply:

(1) Front yard setback: 25 feet;

(2) Side yard setback: 25 feet; and

(3) Rear yard setback: 50 feet.

(E) The zoning map of the village is amended to reclassify all parcels currently in the A Residential District as the R-1 Residential District. The Village Clerk is directed to have the Village Engineer, or such other individual as may be required, modify and publish an updated zoning map.

(Prior Code, § 154.023) (Ord. 08-06-01, passed 6-4-2008)

§ 154.024 C-2 COMMERCIAL DISTRICT REGULATIONS.

(A) The regulations set forth in this section, or as set forth elsewhere in this chapter when referred to in such sections, are the district regulations in the C-2 Commercial District.

(B) In the C-2 Commercial District, no structure shall hereafter be erected or altered except for one or more of the following purposes:

(1) Any use permitted in the R-1 Residential District;

(2) Any use permitted in the C-1 Commercial District;

(3) Hotels;

(4) Liquor stores;

(5) Motels;

(6) Taverns; and

(7) Adult use cannabis business establishment, as defined in § 154.002.

(C) The height regulations, area regulations and the intensity of use regulations of § 154.022 shall also apply in the C-2 Commercial District.

(D) Operation of a liquor store or tavern in the C-2 Commercial District shall be further restricted by compliance with the liquor control ordinance.

(Prior Code, § 154.024) (Ord. 95-11-01, passed 11-13-1995; Ord. 08-06-01, passed 6-4-2008; Ord. 19-09-04, passed 9-10-2019; Ord. 22-11-01, passed 11-28-2022) Penalty, see § 154.999

§ 154.025 R-3 RESIDENTIAL DISTRICT REGULATIONS.

(A) Permitted uses. In the R-3 Residential District, no building or premises shall be used and no building shall hereafter be erected or altered except for one or more of the following purposes:

(1) Single-family dwellings;

(2) A managed limited access residential community of single-family dwellings;

(4) Publicly owned or utilized buildings, including schools, police or fire stations, libraries, community centers or other public buildings, except township, county, state or federal offices; and

(5) Parks or playgrounds.

(B) Height regulations. In the R-3 Residential District, no building shall exceed one and one-half stories or shall exceed 45 feet in height.

(C) Area regulations. In the R-3 Residential District, the minimum dimensions of yards, the maximum percentage of lot occupancy and minimum lot area per dwelling shall be as follows.

(2) Corner lot - double frontage. No accessory building shall be constructed nearer than ten feet to the side lot line facing the side street on a corner lot having a double frontage.

(3) Side yard. There shall be a side yard on each side of a building or an accessory building having a width of not less than five feet.

(4) Rear yard. There shall be a rear yard having a depth or not less than 25 feet or 162/3% of the depth of the lot, whichever is smaller.

(5) Intensity of use. Every lot or tract of land upon which a building is erected shall have an area of not less than 5,000 square feet and an average depth of not less than 75 feet.

(6) Minimum size of dwelling unit. Every dwelling unit constructed shall have not less than 1,400 square feet of floor area.

(7) Off-street parking regulations. Whenever any structure or building is altered or erected on premises used for one of the purposes permitted in this district, there shall be provided off- street parking spaces in the ratio of not less than two parking spaces for each family or dwelling unit.

(Ord. 16-06-01, passed 6-14-2016) Penalty, see § 154.999

§ 154.026 ADDITIONAL REGULATIONS.

(A) No person or other entity shall operate, in any district, a mobile home park or a business for the sale of motor vehicles, mobile homes or trailers.

(B) In any district, where otherwise permitted, public, semi-public or public service buildings, hospitals, institutions or schools may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district. Single-family and two-family dwellings may be increased in height by not more than ten feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten feet, but they shall not exceed three stories in height. Fences, non-advertising signs, satellite dish antennas, chimneys, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers or necessary mechanical appurtenances may be located or erected to a height in accordance with existing ordinances or ordinances hereafter adopted by the village.

(C) In any district, accessory buildings may be built in a required rear yard, but such accessory buildings shall not occupy more than 50% of the required rear yard. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.

(D) In any district, every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard and except for the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 12 inches.

(E) In any district, temporary buildings, that are used in conjunction with construction work only, may be permitted during the period that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work.

(F) More than one commercial, multiple-dwelling or institutional building may be erected upon a single lot or tract; provided such buildings are developed as a unit, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of use regulations.

(G) The installation of septic systems is prohibited in any district.

(Prior Code, § 154.025) (Ord. 95-11-01, passed 11-13-1995; Ord. 02-04-02, passed 4-8-2002) Penalty, see § 154.999

§ 154.027 SEXUALLY-ORIENTED BUSINESSES.

(A) Purpose and findings.

(1) It is the purpose of this section to regulate sexually-oriented 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 location and concentration of sexually- oriented businesses within the village. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent or effect of this section 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. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

(2) Based on evidence concerning the adverse secondary effects of adult uses on the community presented in reports made available to the Village Board, and on findings incorporated in the cases of Young v. American Mini Theaters, 427 U.S. 50 (1976); Northend Cinema, Inc. v. City of Seattle, 585 P.2d 1153 (1978); Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); and City of Erie v. Pap’s A.M., 120 S. Ct. 1382 (2000), and on studies in other communities, including Arlington, Texas; Harries County, Texas; and St. Croix County, Wisconsin, the Village Board finds the following:

(a) Sexually-oriented businesses lend themselves to ancillary unlawful and unhealthy activities that may be uncontrolled by the operators of the establishments. There are no sexually-oriented businesses now located within the village limits, nor are there any applications for such businesses pending, nor is there presently any mechanism to make the owners of these establishments responsible for the activities that may occur on their premises in the event a sexually-oriented business, pursuant to this section, is located within the village;

(b) Certain employees of sexually-oriented business, defined in division (C) below, engage in higher incidents of certain types of illicit sexual behavior than employees of other establishments;

(c) Sexual acts, including masturbation and oral and anal sex occur at sexually- oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows;

(d) Offering and providing such space encourages such activities, which creates unhealthy conditions;

(e) Persons frequent certain adult theaters, adult arcades and other sexually- oriented businesses for the purpose of engaging in sex within the premises of such sexually-oriented businesses;

(f) Communicable diseases may be spread by activities occurring in sexually- oriented businesses, including, but not limited to, syphilis; gonorrhea; human immuno deficiency virus infection (HIV-Aids); genital herpes; hepatitis B, non A, non B; amebiasis; salmonella infections; and shigella infections;

(g) The findings noted in divisions (A)(2)(a) through (A)(2)(f) above raise substantial governmental concerns;

(h) Sexually-oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns;

(i) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually-oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the sexually- oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the village. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually-oriented business, fully in possession and control of the premises and activities occurring therein;

(j) Prohibiting doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters;

(k) Requiring licensees of sexually-oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments;

(l) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually-oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases;

(m) In the prevention of the spread of communicable diseases, it is desirable to obtain a limited amount of information regarding certain employees who may engage in the conduct which this section is designed to prevent, or who are likely to be witnesses to such conduct;

(n) The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this section;

(o) The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to, and prevents conduct which leads to, the transmission of sexually transmitted diseases; and

(p) The general welfare, health, morals and safety of the citizens of the village will be promoted by the enactment of this section.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT BOOKSTORE. An establishment having 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 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 material.

ADULT ENTERTAINMENT CABARET. A public or private establishment which features topless dancers, strippers, male or female impersonators; not infrequently features entertainers who display specified anatomical areas; or 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 entertainers who engage in or are engaged in explicit simulation of specified sexual activities.

ADULT MINI-MOTION PICTURE THEATER. An enclosed building or drive-in theater with a capacity for less than 50 persons used for presenting material 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 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.

BODY SHOP or MODEL STUDIO. Any public or private establishment which describes itself as a body shop or model studio, or where for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude and semi-nude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity.

SPECIFIED ANATOMICAL AREAS.

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

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

SPECIFIED SEXUAL ACTIVITIES. Human genitals in the state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

(1) Adult book store;

(2) Adult motion picture theater;

(3) Adult mini motion picture theater;

(4) Adult entertainment cabaret;

(5) Body shop or model studio; and

(6) Other uses similar to those in divisions (C)(1) through (C)(5) above.

(D) Limitations on adult uses. Adult uses shall be permitted subject to the following restrictions.

(1) An adult use shall not be allowed within 500 feet of another existing adult use.

(2) An adult use shall not be located within 700 feet of:

(a) Any residential zoning district;

(b) A church, synagogue, mosque, temple or building, which is used primarily for religious worship and related religious activities;

(c) A public or private educational facility, including, but not limited to, child day care facilities, nursery schools, pre-schools, kindergartens, elementary schools and private schools. SCHOOL includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

(d) A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, basketball or tennis courts or other similar public land within the village which is under the control, operation or management of the village; or

(e) An entertainment business which is oriented primarily towards children or family entertainment.

(3) An adult use shall not be located in a building structure which contains another business that sells or dispenses in some manner alcoholic beverages.

(4) Alcoholic beverages shall not be possessed nor consumed on the lot or parcel, or within the structure, containing the adult use.

(E) Measurement of distance. For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the lot or parcel containing the adult use to the nearest property line of the premises listed in division (D) above.

(F) License required, filing of application, filing fee.

(1) It shall be unlawful for any person to engage in, conduct, be employed by or to permit to be engaged in, conducted or carried on, in or upon any premises in the village the operation of an adult use as herein defined, without first having obtained a separate license for such adult use from the Mayor of the village.

(2) Every applicant for a license, new or renewal, to maintain, operate, conduct or be employed by an adult use shall file a completed, notarized application in duplicate under oath with the Village Clerk upon a form provided by the Village Clerk. The applicant for a license to maintain, operate or conduct the adult use shall pay with the submission, a non-refundable filing fee of $500 to the Village Clerk; every applicant for a license to be employed by an adult use shall submit, with the completed application, a non-refundable filing fee of $300 to the Village Clerk. The Village Clerk shall issue a receipt for all such filing fees which shall be attached to the application filed with the Mayor.

(3) Within 30 days after receiving the application, the Mayor shall notify the applicant that his or her application is granted, denied or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Mayor shall advise the applicant in writing whether the application is granted or denied.

(4) Whenever an application is denied or held for further investigation, the Mayor shall advise the applicant in writing of the reasons for such action.

(5) Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any inspection or investigation required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof by the Mayor.

(G) Contents of application for license. The term APPLICANT, as used in this section, shall include any partner or limited partner of a partnership applicant and any officer or director of a corporate applicant and any stockholder owning more than 10% of the stock of a corporate applicant, another person who is interested directly in the ownership or operation of the business or person seeking employment by a business conducting an adult use; an applicant for a license shall, furnish the following information under oath:

(1) Full true name and any other names used in the preceding five years;

(2) Written proof that the individual is at least 18 years of age;

(3) Name and designated address of the business for which the license is sought;

(4) The adult uses to be conducted at the designated address;

(5) A set of fingerprints of the applicant and the applicant’s Social Security number, both to be used for conducting necessary background checks pursuant to this section;

(6) A picture identification document issued by a governmental agency;

(7) The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually-oriented business, and whether any such license or permit has been denied, revoked or suspended, and, if so, the reason or reasons therefor; and

(8) The information provided by an applicant in connection in connection with the application for a license under this section shall be maintained by the village on a confidential basis, and may be disclosed only to other governmental agencies in connection with a law enforcement or public safety function or as and may otherwise be required by law or a court order.

(H) Exhibition of sexually explicit films, videos or live entertainment in viewing rooms. A person who operates, or causes to be operated, an adult use which exhibits on the premises in a viewing room of less than 150 square feet of floor space a film, video cassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall:

(1) Provide, with the application for a license of those premises, a diagram of the premises showing a plan specifying the location of one or more manager stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager station may not exceed 32 square feet of floor area. The diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;

(2) The licensee of the premises shall ensure that at least one licensed employee is on duty and situated in each manager’s station, at all times, any patron is present inside the premises;

(3) The interior of the premises shall be configured to provide an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. The view required in this division (H)(3) must be by direct line of sight from the manager’s station;

(4) The licensee shall ensure that the view area specified in division (H)(3) above is unobstructed by any item or material and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted;

(5) No viewing room may be occupied by more than one person at any time;

(6) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five-foot candles as measured at the floor level;

(7) The licensee shall ensure that the illumination described above is maintained, at all times, that any patron is present in the premises;

(8) The licensee shall not permit any opening of any kind to exist between viewing rooms or booths;

(9) The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist;

(10) The licensee shall cause all floor coverings in viewing booths to be non-porous, easily cleanable surfaces, with no rugs or carpeting; and

(11) The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, non-porous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.

(I) Issuance of adult use license.

(1) The Mayor shall issue a license to maintain, operate, conduct an adult use or be employed by an adult use unless he or she finds:

(a) That the applicant is under the age of 18 years or under any legal disability;

(b) That the applicant is a person who is not of good moral character and reputation in the community in which he or she resides;

(d) An applicant has falsely answered a question or request for information on the application form.

(2) The license, if granted, shall state on its face the name of person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date and, if the license is for a sexually-oriented business, the address of the sexually-oriented business. A sexually- oriented business employee license shall contain a photograph of the licensee. A sexually-oriented business employee shall keep the employee’s license on his or her person or on the premises where the licensee is then working or performing, and shall produce such license for inspection upon request by a law enforcement officer.

(3) Every adult use license issued pursuant to this section will terminate at the expiration of one year from the date of its issuance unless sooner revoked.

(J) Suspension or revocation of license for adult use.

(1) Any license issued for an adult use may be revoked or suspended by the Mayor if the Mayor shall find:

(a) That the licensee has violated any of the provisions of this chapter regarding adult uses;

(b) Refused to allow an inspection of the sexually-oriented business premises as authorized hereunder;

(c) That the licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this chapter or knowingly caused or suffered another to furnish or withhold such information on his or her behalf;

(d) A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;

(e) A licensee has knowingly allowed prostitution on the premises;

(f) A licensee has knowingly operated the sexually-oriented business during the period of time when the licensee’s license was suspended;

(g) A licensee has knowingly allowed any sexual act to occur on the licensed premises;

(h) The fact that a conviction is being appealed shall have no effect on the revocation of the license; or

(i) A licensee has knowingly allowed the possession or consumption of alcoholic beverages on the lot or parcel, or within the structure, containing the adult use.

(2) The Mayor, before revoking or suspending any license, shall give the licensee at least ten days’ written notice of the charges against him or her. The licensee may, within five days of receipt of said notice, request a public hearing before the Mayor, at which time the licensee may present evidence bearing upon the question. Any notice by the Mayor may be delivered personally to the licensee or be posted on the premises of the establishment being used as an adult use.

(3) When and after the notice and hearing procedure described herein, the Mayor revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually-oriented business license for one year from the date revocation becomes effective. If subsequent to revocation the Mayor finds that the basis for revocation found herein has been corrected or abated, the applicant shall be granted a license if at least 90 days have elapsed since the date the revocation became effective.

(4) The licensee shall be responsible for the acts of his or her agents, servants and employees; provided, however, that in the case of a first offense by a licensee where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Mayor shall find that the licensee had no actual or constructive knowledge of such violation and could not, by the exercise of due diligence, have had such actual constructive knowledge.

(K) 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 by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use.

(L) Display of license and permit. Every licensee shall display a valid license in a conspicuous place within the adult use business so that it may be readily seen by persons entering the premises.

(M) Employment of persons under age of 18 prohibited. It shall be unlawful for any adult use licensee, its manager or employee to employ, in any capacity within the adult business, any person who is not at least 18 years of age.

(N) Inspection. For the purpose of ensuring compliance with this section, an applicant, operator or licensee shall permit law enforcement officers and any other federal, state, county or village agency in the performance of any function connected with the enforcement of this chapter normally and regularly conducted by such agencies, to inspect, at any time, the businesses occupied or open for business, those portions of the premises of a sexually-oriented business which patrons or customers are permitted to occupy.

(O) Illegal activities on premises. No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by an ordinance of the village or law of the state or of the United States.

(P) Hours of operation. No sexually-oriented business, as defined herein, may remain open at any time between the hours of 1:00 a.m. and 1:00 p.m.

(Prior Code, § 154.026) (Ord. 02-04-02, passed 4-8-2002) Penalty, see § 154.999

§ 154.028 ADULT-USE CANNABIS.

(A) Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the village. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (Public Act 101-0027) (Act), being 410 ILCS 705/1-1 et seq., as it may be amended, from time to time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

(B) (1) Adult-use cannabis craft grower. In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

(a) Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section;

(b) Facility may not be located within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;

(d) For purposes of determining required parking, adult-use cannabis craft grower shall be classified as “wholesale manufacturing and industrial plants” per § 154.057(O) (one space for each four employees) (schedule of off-street parking requirements: industrial uses).

(2) Adult-use cannabis cultivation center. In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

(b) Facility may not be located within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;

(d) For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as “wholesale manufacturing and industrial plants” per § 154.057(O) (one space for each four employees) (schedule of off-street parking requirements: industrial uses).

(3) Adult-use cannabis dispensing organization. In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

(b) Facility may not be located in a dwelling unit or within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;

(c) At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized by state law;

(d) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act;

(e) Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by division (B)(7) below shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in this chapter;

(f) For purposes of determining required parking, said facilities shall be classified as “Retail/Service Sales” per § 154.057(I) (schedule of off-street parking requirements: commercial uses); and

(g) No more than one adult use cannabis dispensary organization may be located in the village.

(4) Adult-use cannabis infuser organization. In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

(b) Facility may not be located in a dwelling unit or within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;

(c) At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act; and

(d) For purposes of determining required parking, said facilities shall be classified as “wholesale manufacturing and industrial plants” per § 154.057(O) (schedule of off-street parking requirements: commercial uses).

(5) Adult-use cannabis processing organization. In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

(b) Facility may not be located in a dwelling unit or within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;

(c) At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act; and

(6) Adult-use cannabis transporting organization. In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

(b) Facility may not be located in a dwelling unit or within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;

(c) The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act; and

(7) Additional requirements. Petitioner shall install building enhancements, such as security

cameras, lighting or other improvements to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(Ord. 19-09-04, passed 9-10-2019; Ord. 22-11-01, passed 11-28-2022) Penalty, see § 154.999