The following uses of land or buildings are permitted:

Residence containing only one household living unit and unattached to other residences.

Public and parochial schools.

Parks and playgrounds.

Convents, rectories or parish houses.

Churches and water works and all appurtenances thereto.

Yard, house, basement, rummage, garage or estate sales.

Adult uses only as permitted in the adult use overlay district pursuant to Section 18.12.050 of this chapter.

Accessory buildings, structures and uses as enumerated in Section 18.12.060 of this chapter.

(Ord. No. 2015-2118, § 4, 4-27-2015; Ord. No. 2010-1840, § 3, 1-12-2010; Ord. 96-1450 § 1 (part), 1996; Ord. 64-682 § 3.l-l (part), 1964)

The following uses may be allowed as a special use in the R1 district by the plan and zoning commission in accordance with the requirements and procedures as set forth in Chapter 18.48:

(Ord. No. 2017-2260, § 15, 12-12-2017; Ord. 07-1742 § 2, 2007)

A.

Height: Residential buildings shall not exceed two stories in height, not counting basement. Maximum height for residential principal buildings shall be thirty-five feet.

B.

Front Yard Setback: Twenty-five feet, minimum.

C.

Side Yard Setback: Ten percent of the lot width.

D.

Corner Side Yard Setback: Twenty-five feet, minimum.

E.

Rear Yard Setback: Twenty percent of the lot depth or a rear yard depth of not less than twenty-five feet, whichever is smaller.

(Ord. No. 2015-2118, § 5, 4-27-2015; Ord. 01-1551 § § 1, 2, 2001; Ord. 64-682 § 3.1-2, 1964)

A.

Building Coverage: The maximum coverage of a lot by a principal building, accessory building(s) and accessory structure(s), shall not exceed forty percent of the total lot area.

B.

Impervious Surface Coverage:

1.

The maximum coverage of a lot by a principal building, accessory building(s) and accessory structure(s) including paved areas such as driveways, patios and sidewalks, shall not exceed fifty percent of the total lot area. All areas not covered by impervious materials shall be improved with landscaping consisting of grass and other living material.

2.

Permeable Pavement: Lot coverage in excess of fifty percent, but not greater than sixty percent shall be permitted if permeable pavement is utilized for any area in excess of fifty percent lot coverage. The permeable pavement shall be installed and maintained per manufacturer's specifications.

3.

If a property exceeds the fifty percent impervious surface lot coverage requirements and it was permitted by the village, the owner may remove and replace the impervious cover as is.

(Ord. No. 2015-2118, § 6, 4-27-2015; Ord. 91-1328 § 1, 1991)

(A)

Purpose. It is the purpose of this section to regulate adult uses 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 secondary effects of adult uses within the village. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to 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.

(B)

Findings. Based on evidence of the adverse secondary effects of adult uses on the communities, presented in hearings and in reports made available to the plan and zoning commission and recommended to the village president and board of trustees, and on findings incorporated in the cases of Pap's A.M. v. City of Erie, 2000 U.S. LEXIS 2347 (Mar. 29, 2000); City of Renton Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), Schultz v. City of Cumberland, 26 F.Supp.2d 1128 (W.D. Wisc. 1998), aff'd in part, rev'd in part, 2000 U.S. App. LEXIS 23773 (7 ^th Cir. 2000); Berg v. Health & Hospital Corp., 865 F.2d 797 (1989); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (1999); Entertainment Concepts v. Maciejewski, 631 F.2d 497 (1980); Genusa v. City of Peoria, 619 F.2d 1203 (1980); Graff v. City of Chicago, 9 F.3d 1309 (1993); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); and other cases; and on reports of secondary effects occurring in and around adult uses, both in Cook County and in other communities including, but not limited to, Denver, Colorado — 1998; Rochester, New York — 2000; Indianapolis, Indiana — 1984; Kansas City, Missouri — 1998; Los Angeles, California — 1977; Newport News, Virginia — 1996; St. Paul, Minnesota — 1987/1988 Supplemental Study; Springfield, Missouri — 1986; New York, New York — 1994; Phoenix Arizona — 1979; Tucson, Arizona — 1990; Garden Grove, California — 1991; Whittier, California — 1978; Adams County, Colorado — 1988; Manatee County Florida — 1987; Minneapolis, Minnesota — 1980; Las Vegas, Nevada — 1978; Ellicottville, New York — 1998; Islip, New York — 1980; New York Times Square Study — 1994; New Hanover County, North Carolina — 1989; Cleveland, Ohio — 1977; Oklahoma City, Oklahoma — 1986/1992; Amarillo Texas — 1977; Austin, Texas — 1986; Beaumont, Texas — 1982; Cleburne, Texas — 1997; Dallas, Texas — 1997; El Paso, Texas — 1986; Houston, Texas — 1983/1997; Bellevue, Washington — 1988; Des Moines, Washington — 1984; Seattle, Washington — 1989; St. Croix County, Wisconsin — 1993; and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Adult Uses, (June 6, 1989, State of Minnesota), the village president and board of trustees find:

(1)

Adult uses lend themselves to ancillary unlawful and unhealthy activities that tend to have an adverse impact on the surrounding community. Further, there are presently insufficient mechanisms in the village to regulate the location of adult uses to minimize the adverse impact on surrounding property owners.

(2)

Certain employees of unregulated adult uses defined in this section as adult theatres and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

(3)

Unlawful sexual acts occur at unregulated adult uses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows and generally results in an increase in crime with the village.

(4)

Offering and providing such unregulated locations encourages such activities, which has an adverse impact on the village's retail trade and the property values of surrounding properties, which results in a reduction in the quality of the village's neighborhoods, commercial districts and suburban life.

(5)

Persons frequent certain adult theatres, adult arcades and other adult uses for the purpose of engaging in sex within or about the premises of such adult uses, or for the purpose of purchasing or selling illicit drugs.

(6)

Numerous communicable diseases may be spread by activities occurring in or about adult uses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis salmonella, campylobacter and shigella infections, chlamydia, myoplasmal and ureoplasmal infections, trichomoniasis and chancroid.

(7)

Sanitary conditions in some adult uses are unhealthy, in part, because the activities conducted there are unhealthy and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

(8)

Numerous studies and reports have determined that bodily fluids are found in the areas of adult uses where persons view "adult" oriented films.

(9)

The presence of adult uses can have an adverse effect on residential neighborhoods, neighborhood children and community improvement efforts.

(10)

The findings noted in paragraphs number (1) through (9) raise substantial governmental concerns.

(11)

Adult uses have characteristics that tend to have secondary adverse effects on surrounding property and should be reasonably regulated in order to protect those substantial governmental concerns.

(12)

Zoning is an appropriate mechanism to minimize the impact of adult uses and provide a reasonable alternate avenue of communication for adult uses. Further, zoning permits adult uses to be located in areas consistent with the health, safety and welfare of the community and citizens of the village. It is appropriate to require reasonable limitations on the location of adult uses.

(13)

The general welfare, health, morals and safety of the citizens of the village will be promoted by the enactment of this chapter.

(C)

Definitions. For the purposes of this section, the following words and phrases shall be defined as follows:

(1)

"Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

(2)

"Adult bookstore" or "adult video store" means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(a)

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas;" or

(b)

Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."

A principal business purpose exists if materials offered for sale or rental depicting or describing "specified sexual activities" or "specified anatomical areas" generate twenty percent or more of the business's income, or account for twenty percent or more of inventory, or occupy twenty percent or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas."

(3)

"Adult cabaret" means a nightclub, bar, restaurant, cafe, or similar commercial establishment that regularly, commonly, habitually, or consistently features:

(a)

Persons who appear in a state of nudity or semi-nudity; or

(b)

Live performances that are distinguished or characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(c)

Films, motion pictures, video cassettes, slides, photographic reproductions, or other image producing devices that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

(d)

Persons who engage in "exotic" or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

(4)

"Adult motel" means a hotel, motel or similar commercial establishment that:

(a)

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video casettes, slides, or other photographic reproductions that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

(b)

Offers a sleeping room for rent for a period of time that is less than twenty-four hours; or

(c)

Allows a tenant or occupant of a sleeping room to subrent the sleeping room for a period of time that is less than twenty-four hours.

(5)

"Adult motion picture theatre" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(6)

"Adult theatre" means a theatre, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are distinguished or characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

(7)

"Adult use" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theatre, escort agency, nude model studio, or sexual encounter center.

(8)

"Escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(9)

"Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

(10)

"Establishment" means and includes any of the following:

(a)

The opening or commencement of any adult use as a new business;

(b)

The conversion of an existing business, whether or not an adult use, to any adult use;

(c)

The additions of any adult use to any other existing adult use;

(d)

The relocation of any adult use; or

(e)

An adult use or premises on which the adult use is located.

(11)

"Live theatrical performance" means a play, skit, opera, ballet, concert, comedy, or musical drama.

(12)

"Nude model studio" means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.

(13)

"Nudity" or a "state of nudity" means the appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered. Body paint, whether transparent or non-transparent, shall not constitute a fully opaque covering.

(14)

"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.

(15)

"Premises" means the real property upon which the adult use is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult use, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to Section 5.99.050 of the Westchester Municipal Code.

(16)

"Semi-nude" or "semi-nudity" means the appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.

(17)

"Sexual encounter center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons are in a state of nudity or semi-nudity. A principal business purpose exists if the services offered are intended to generate business income.

(18)

"Specified anatomical areas" means:

(a)

The human male genitals in a discernibly turgid state, even if fully and opaquely covered;

(b)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

(19)

"Specified sexual activities" means and includes any of the following:

(a)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;

(b)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(c)

Masturbation, actual or simulated; or

(d)

Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.

(D)

Classification. Adult use uses are classified as follows:

(1)

Adult arcades; or

(2)

Adult bookstores or adult video stores; or

(3)

Adult motels; or

(4)

Adult motion picture theatres; or

(5)

Adult theatres; or

(6)

Adult cabarets; or

(7)

Escort agencies; or

(8)

Nude model studios; or

(9)

Sexual encounter centers.

(E)

Location Restrictions.

(1)

Adult uses shall be permitted only in the Adult Use Overlay District. The Adult Use Overlay District shall be that portion of the R1, One-Family Residence District, located south of 22 ^nd Street (Cermak Road), east of I-294 and north of 31 ^st Street, legally described as follows:

Lot 1 in Chicago Highlands Golf Club P.U.D., being a Planned Unit Development in Section 30, Township 39 North, Range 12 East of the Third Principal Meridian, according to the plat thereof recorded June 24, 2009 as Document No. 0917531036 in Cook County, Illinois; excepting therefrom the North 350.00 feet, the East 350.00 feet, the South 350.00 feet and the West 350.00 feet as measured perpendicular to and being parallel with the North, East, South and West lines of Said Lot 1.

(2)

The boundaries of the adult use overlay district shall be depicted on the official zoning map of the village as Overlay District A.

(3)

An adult use may not be operated in the same building, structure, or portion thereof, containing another adult use that is classified in accordance with Section 18.12.050 (D) (1)-(9).

(4)

For purposes of subsection (E) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult use is conducted, to the nearest property line of a school, day care center, cemetery, public park, forest preserve, public housing, place of religious worship or residential lot.

(5)

For purposes of subsection (E) of this section, the distance between any two adult use uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(F)

Permitted Use Only. An adult use is a permitted use only and shall not be allowed as a special use in any zoning district.

(G)

Regulations Supplement Other Regulations. The regulations of the adult use overlay district shall supplement and are in addition to the regulations of the R1, One-Family Residence District. In case of conflict between the regulations of the R1, One-Family Residence District and the regulations of the adult use overlay district, the regulations of the adult use overlay district shall prevail.

(H)

Setback Requirements.

(1)

An adult use that is an adult entertainment facility, as that phrase is defined in Section 11-5-1.5 of the Illinois Municipal Code (65 ILCS 5/11-5-1.5), shall not be located in violation of the locational restrictions set forth in said Section 11-5-1.5 of the Illinois Municipal Code (65 ILCS 5/11-5-1.5), as amended, provided that if any locational restriction of said section, or the application thereof to any person or circumstance is held to be invalid, an adult use that is an adult entertainment facility shall be located in compliance with subsection (2) of this subsection (H).

(2)

An adult use that is not an adult entertainment facility, as that phrase is defined in Section 11-5-1.5 of the Illinois Municipal Code (65 ILCS 5/11-5-1.5), shall not be located within:

(a)

Three hundred fifty feet of a school, day care center, cemetery, public park, forest preserve, public housing, place of religious worship; or

(b)

Three hundred fifty feet of the property line of a lot zoned for residential use and devoted to a residential use as defined in the Zoning Ordinance.

(3)

An adult use may not be operated in the same building, structure, or portion thereof, containing another adult use that is classified in accordance with Section 18.12.050 (D)(1)-(9).

(4)

For purposes of subsections (1) and (2) of this subsection (H), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult use is conducted, to the nearest property line of the school, day care center, cemetery, public park, forest preserve, public housing, place of religious worship or residential lot.

(I)

Parking. Notwithstanding any other village ordinance, code, or regulation to the contrary, adult uses which exhibit on the premises, or in a viewing room of less than one hundred fifty square feet of floor space, a film, video cassette, other video reproduction, or live entertainment which depicts specified sexual activities or specified anatomical areas, shall provide ten off-street parking spaces for every one thousand square feet of gross floor area. Notwithstanding any other village ordinance, code, or regulation to the contrary, all other classifications of adult uses shall provide five off-street parking spaces for every one thousand square feet of gross floor area.

(J)

Signs.

(1)

Notwithstanding any other village ordinance, code, or regulation to the contrary, it shall be unlawful for the operator of any adult use or any other person to erect, construct, or maintain any sign for the adult use other than the one primary sign, as provided herein.

(2)

Signs shall have no more than two display surfaces. Each such display surface shall:

(a)

Not contain any flashing lights;

(b)

Be a flat plane, rectangular in shape;

(c)

Not exceed thirty-two square feet in area; and

(d)

Not exceed ten feet in height or ten feet in length.

(3)

Signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise.

(4)

Each letter forming a word on a sign shall be of solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a sign shall be of a uniform and solid color.

(K)

Non-Conforming Uses; Amortization.

(1)

Any business lawfully operating on the effective date of this section that is in violation of the locational or structural configuration requirements of this section shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more adult uses are within three hundred fifty feet of one another and otherwise in a permissible location, the adult use that was first established and continually operated at a particular location is the conforming use and the later-established business(es) is non-conforming.

(2)

An adult use lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the adult use license, of a school, day care center, cemetery, public park, forest preserve, public housing, place of religious worship or residential lot within three hundred fifty feet of the adult use. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after an operator's license has expired or has been revoked.

(Ord. No. 2017-2260, § 15, 12-12-2017; Ord. No. 2010-1840, § 4, 1-12-2010)

(a)

Residential Garages: In residential districts the following regulations shall govern garages and carports:

(1)

An accessory building may be established at the same time as a principal building, or after, but shall not be established prior to the construction of the principal building.

(2)

Each zoning lot shall have only one garage, regardless of whether detached or attached.

(3)

A garage shall not be capable of storing in excess of three vehicles. In no event shall any attached or detached garage exceed a maximum of six hundred sixty square feet exterior dimension.

(4)

For detached garages, the height shall not exceed one story or the height of the principal building on the lot, whichever is less, but in no case shall the height of the garage exceed fifteen feet as measured from the grade to the peak of the roof.

(5)

Garage area must not exceed seventy-five percent of the foundation area of the principal building. However, a minimum garage size of five hundred thirty square feet exterior dimension shall be permitted regardless of the size of the principal structure.

(6)

Setbacks for Detached Garages:

a.

From principal building: fifteen feet minimum.

b.

Front Yard: No garage shall be located in the front yard.

c.

Side Yard Setback: Three feet from the foundation to any side yard minimum, nor shall a garage be located within any public utility easement, whether platted or implied;

d.

Corner Side Yard Setback: Five feet from the foundation to any corner side yard minimum, nor shall a garage be located within any public utility easement, whether platted or implied.

e.

Rear Yard Setback: Three feet from the foundation to any rear yard minimum, nor shall a garage be located within any public utility easement, whether platted or implied.

(7)

The area of any garage, carports and any other accessory structures shall be added to the building area of the principal structure for purposes of determining the maximum lot coverage.

(8)

Carports: Carports shall be located on a residential property according to the same rules and regulations applicable to an attached garage.

(b)

Sheds:

(1)

No more than one shed is allowed per zoning lot;

(2)

Setbacks.

a.

Sheds may not be located in any front yard.

b.

From principal building or detached garage: ten feet minimum.

c.

Side Yard Setback: Three feet from the foundation to any side yard minimum, nor shall a shed be located within any public utility easement, whether platted or implied;

d.

Corner Side Yard Setback: Five feet from the foundation to any corner side yard minimum, nor shall a shed be located within any public utility easement, whether platted or implied;

e.

Rear Yard Setback: Three feet from the foundation to any rear yard minimum, nor shall a shed be located within any public utility easement, whether platted or implied.

(3)

Area: Maximum permitted area of a shed shall be one hundred square feet.

(4)

Height: The height shall not exceed ten feet as measured from grade to the peak of the roof.

(5)

Such structure shall be properly anchored per manufacturer's recommended specification or as determined by building official for similar structures, (i.e. garages).

(c)

Pools: Above and Below Ground Swimming Pools Accessory to Residential Dwellings

(1)

Setbacks

a.

Pools may not be located in any front yard;

b.

From principal building; ten feet minimum;

c.

From detached garages or other accessory structures: Three feet minimum;

d.

Side Yard Setback: Three feet minimum, nor shall a pool be located within any public utility easement, whether platted or implied;

e.

Corner Side Yard Setback: Five feet minimum, nor shall a pool be located within any public utility easement, whether platted or implied;

f.

Rear Yard Setback: Three feet minimum, nor shall a pool be located within any public utility easement, whether platted or implied;

(2)

Location of pumps, filters, mechanical equipment. Shall be located no less than fifteen feet from any habitable portion of a neighboring residential structure (not including attached or detached garages).

(3)

Fencing: Shall comply with Appendix G of the 2012 International Residential Code.

(d)

Permitted Obstructions: The following accessory buildings, structures and uses may be permitted encroachments in minimum required yard as follows:

(Ord. No. 2015-2118, § 7, 4-27-2015)