The principal objective of this ordinance is to provide for an orderly arrangement of compatible building and land uses and for the proper location of all types of uses required for the social and economic welfare of the village. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this ordinance. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which it may be necessary to allow because of the service they provide the public. However, because of their unusual characteristics, such uses require particular consideration as to their proper location in relation to adjacent established or intended uses, or to the planned development of the community. These special uses consist of uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by a public interest; or uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public, and their possible unique, special or unusual impact upon use or enjoyment of neighboring property, may have to be established in a district in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations.

The standards and conditions controlling the location and operation of special uses in the individual use districts are established by the provisions of this article.

The corporate authorities of the village shall have authority, according to the procedures specified in Article Twenty-one, to permit special uses, as specifically enumerated in the individual use districts and subject to provisions of the individual use districts, if it finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites.

No special use shall be authorized unless the following findings of fact are made:

18.3.1. The establishment, maintenance and operation of the special use will not be detrimental to or endanger the public health, safety, morals or general welfare;

18.3.2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity, for the purposes permitted, nor substantially diminish and impair property values within the adjacent neighborhood;

18.3.3. The establishment of the special use will not impede normal and orderly development and improvement of surrounding property for uses permitted in the zoning district;

18.3.4. Adequate service utilities, access roads, drainage and other necessary facilities are in existence or are being provided;

18.3.5. Adequate measures have been, or will be, taken to provide ingress and egress designed to minimize traffic congestion in the public streets; and

18.3.6. The special use shall in all other respects conform to applicable regulations of this ordinance.

The corporate authorities of the village may impose such conditions or restrictions upon the construction, location and operation of a special use, including approval of a site plan for such use, as shall be deemed necessary to secure the general objectives of this article and to protect the value of property in the neighborhood, and to protect the public health, safety, and welfare.

18.5.1. A change or increase in the area, bulk, function, or use of any existing special use, or from those conditions specified by the corporate authorities at the time of approval, shall constitute and be considered the same as a new and distinct special use, which shall revoke the approved special use, and shall be subject to the procedures for application, hearing, review and approval by the corporate authorities as provided for in this article.

18.5.2. If a special use is discontinued for a period of six months or longer, such special use shall become null and void; and any subsequent reinstatement of the special use shall require a new special use permit.

18.5.3. If the special use is not established within one year of approval, by ordinance, then the special use shall be null and void unless extended by the Board of Trustees.

18.5.4. If the corporate authorities determine that the continued existence of a special use constitutes a direct threat to or encroachment upon the health, safety, or morals of the residents of the village, so that the special use constitutes a continuing nuisance to the public, upon notice and hearing, such special use may be revoked.

(Ord. No. 98-14, § I, 1-20-98)

A.

Definitions.

(1)

Adult bookstore: An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or rental 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.

(2)

Adult entertainment cabaret: A public or private establishment which (i) features topless dancers, strippers, male or female impersonators, where employed by a facility or not; (ii) not infrequently features entertainers who display "specified anatomical areas"; or (iii) features entertainers or allows persons, 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."

(3)

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.

(4)

Adult use: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, and other similar uses.

(5)

Specified sexual activities: For the purpose of this section "specified sexual activities" means" (i) human genitals in the state of sexual stimulation or arousal; (ii) acts of human masturbation, sexual intercourse or sodomy; and (iii) fondling or erotic touching of human genitals, public region, buttock or female breasts.

(6)

Specified anatomical areas: For the purpose of this section, "specified anatomical areas" means:

(a)

Less than completely and opaquely covered: (i) human genitals, public region, (ii) buttock; (iii) 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.

B.

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

C.

Location. Adult uses may be allowed, upon obtaining a special use permit, in the B-P District provided:

(1)

No adult use shall be located within 1,000 feet of the lot line of any property which is zoned or used for residences, churches, schools, public libraries, parks, youth recreation facilities, day care centers or other adult use.

(2)

No adult use facility may have any private or semi-private rooms which are shielded from view from the general public areas, and which are not accessible by the general public.

D.

Special use permit required. No adult use shall operate even at those locations where they may be allowed pursuant to paragraph C above without first having obtained a special use permit in the manner set forth in Article 18. However, the standards for special uses set forth in Article 18 shall not apply with regard to the application for a special use permit for an adult use. In their place, the following standards shall apply:

Standards. No adult special use permit shall be granted by the village board unless the board finds:

(1)

The design and operation of the facility will not adversely effect the public health and safety;

(2)

It will not cause substantial injury to the value of other property in the neighborhood in which it is located;

(3)

It will not unduly increase traffic congestion in the public streets and highways in the area in which it is located;

(4)

It will not cause additional public expense for fire or police protection;

(5)

It will not substantially increase the possibility of criminal acts against persons and properties within 500 feet of such proposed special use or against persons who regularly use such properties.

E.

Registration. The owner of a building or premises, his agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling a building or premises any party of which contains an adult use, shall register the following information with the village clerk (the same information must be provided with the application for the special use):

(1)

The address of the premises;

(2)

The name of the owner of the premises and names of the beneficial owners if the property is in a land trust;

(3)

The address of the owner and the beneficial owners;

(4)

The name of the business or establishment subject to the provisions of this ordinance;

(5)

The name(s), address(es) and date(s) of birth of the owner, beneficial owner or the major stockholders (over five percent interest) of the business or establishment subject to the provisions of this ordinance;

(6)

The date of initiation of the adult use;

(7)

The nature of the adult use;

(8)

If the premises or building is leased, a copy of said lease must be attached, along with written approval by lessor;

(9)

Listing of any arrests or convictions of person(s) noted in paragraph 5, excepting minor traffic violations; and

(10)

Name and location of any other adult use location.

F.

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" from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.

G.

Minimum age. No person under 21 years of age shall be permitted on the premises, including patrons and employees.

H.

Existing adult uses. Any adult use which existed lawfully, but which become nonconforming upon the adoption of this section to the zoning ordinance, may be continued as hereinafter provided:

(a)

Upon written notice from the village to the owners or interests therein that any building, structure, lot or regulated use is nonconforming under the provisions of the zoning ordinance as amended, the owners or interests therein shall, within two months from the date of such notice, apply to the village clerk for a certificate of nonconformance.

(b)

Failure to apply for a Certificate of Nonconformance within two months of the notices provided in subsection (a), above will require the amortization of the nonconformance within six months of the notice provided for in subsection (a).

(c)

Nonconformances that have applied for a Certificate of Nonconformance from the village clerk shall be discontinued within one year of the notice provided in subsection (a), above.

(Ord. No. 98-15, § 1, 1-20-98)

Editor's note— Ord. No. 2012-036, § 1(Exh. A), adopted June 19, 2012, repealed § 18.7 which pertained to financial institutions with or without drive-through facilities and derived from Ord. No. 2004-112, § XIV, adopted Dec. 7, 2004.