A.   The corporate authorities of the village find that sexually oriented businesses are associated with:

      1.   High crime rate areas.

      2.   Deteriorated commercial and residential areas.

      3.   Depreciation of property values in the area.

      4.   Dramatic changes in the character of the neighborhood when more than one sexually oriented business is operating in a given area.

   B.   The intent of these adult use regulations is to protect the public health, safety and welfare by limiting the deleterious effects of sexually oriented businesses on the use and enjoyment of property in adjacent areas. (Ord. 2002-01-15B, 1-15-2002)

Adult uses may be permitted in an M-1 limited manufacturing district (if in compliance with all provisions of the M-1 zone and this section), subject to the following:

   A.   No adult use shall be located within one thousand feet (1,000') 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.   Hotel, motel or bed and breakfasts.

      8.   Childcare or daycare centers.

      9.   Convalescent homes.

      10.   Nursing homes.

      11.   Hospitals.

      12.   Federal, state, county, village 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 two thousand feet (2,000') of any other "adult use", as defined in section 11-3-2 of this title.

   C.   No adult use shall be permitted to operate within three hundred feet (300') of the right of way line of Illinois Route 47, U.S. 30, Illinois Route 56, Wheeler Road, or Galena Boulevard.

   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. This includes, but is not limited to, Illinois Route 47, U.S. 30, Illinois Route 56, Wheeler Road, or Galena Boulevard. (Ord. 2007-08-21A, 8-21-2007)

   A.   The distance between any two (2) adult use 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 any adult use facility and any property zoned or used for residential, institutional, recreational, business and/or governmental purposes identified in subsection 11-15-2A of this chapter, shall be measured in a straight line without regard to 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 in subsection 11-15-2A of this chapter. (Ord. 2002-01-15B, 1-15-2002)

   A.   Standards and submittal requirements for site development associated with an adult use shall be as presented in sections 11-8-2 and 11-8-3 of this title which regulate permitted uses in the Village's B-1, B-2 and B-3 Business Districts. (Ord. 2002-01-15B, 1-15-2002)

   B.   Prior to the issuance of any permit for the construction or occupancy of an adult use, the applicant for said permit(s) on property already zoned M-1 shall proceed through a site plan review procedure before the Planning Commission/Zoning Board of Appeals and Village Board at a public meeting. No public hearing shall be required. (Ord. 2002-01-15B, 1-15-2002; amd. Ord. 2018-03-20B, 3-20-2018)

   C.   Notification of any meeting at which the Village 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 subsections 11-13-8B, C and D of this title. 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 Village as otherwise stipulated for public hearings in subsection 11-13-8A of this title. (Ord. 2002-01-15B, 1-15-2002)

   D.   Site plan review for an adult use shall be considered by the Planning Commission/Zoning Board of Appeals within sixty (60) days of filing.

   E.   After consideration by the Planning Commission/Zoning Board of Appeals for site development mission, findings that present the Planning Commission/Zoning Board of Appeals' recommendation to approve or deny the proposed use shall be forwarded to the Village Board, and considered within sixty (60) days of the Planning Commission/Zoning Board of Appeals' consideration.

   F.   In order to assure that the design and operation of the adult use is in conformance with all Village ordinances and is compatible with surrounding uses, the Planning Commission/Zoning Board of Appeals and Village Board may place conditions on the development and operation of the adult use related to the: (Ord. 2002-01-15B, 1-15-2002; amd. Ord. 2018-03-20B, 3-20-2018)

      1.   Site plan.

      2.   Floor plan.

      3.   Construction materials.

      4.   Lighting.

      5.   Parking and circulation.

      6.   Ingress and egress.

      7.   Landscaping and screening.

      8.   Signage. (Ord. 2002-01-15B, 1-15-2002)

No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use. (Ord. 2002-01-15B, 1-15-2002)

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

   A.   Monday through Saturday: Eight o'clock (8:00) A.M. to eleven o'clock (11:00) P.M.

   B.   Sunday: No hours of operation. (Ord. 2002-01-15B, 1-15-2002)

   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 provision shall apply to any display, decoration, sign, show window or other opening. (Ord.    2002-01-15B, 1-15-2002)

   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 area or booth.

   C.   It shall be unlawful to create, maintain or permit to be maintained, any holes or other openings between any two (2) 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. (Ord. 2002-01-15B, 1-15-2002)