(a) Purpose. The purpose of this section is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of these sections to regulate adult entertainment businesses, as defined herein, so as to prevent crime, to protect the City's retail trade and property values, and in general, to preserve the quality of life in the Village and not to suppress First Amendment rights.
(b) Definitions.
(1) An "adult entertainment business" means an adult bookstore, adult motion picture theater, adult drive-in motion picture theater or an adult-only entertainment establishment as further defined in this section.
(2) An "adult bookstore" means an establishment which utilizes twenty-five percent (25%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
(3) An "adult motion picture theater" means an enclosed motion picture theater which is regularly used or utilizes twenty-five percent (25%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(4) An "adult motion picture drive-in theater" means an open air drive-in theater which is regularly used or utilizes twenty-five percent (25%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(5) An "adult-only entertainment establishment" means an establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines or gyrational choreography of persons totally nude, topless, bottomless or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
(6) "Adult material" means any book magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture file, videotape, phonographic record or tape, other tangible thing or service, capable of arousing interest through sight, sound or touch, and:
A. Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination; or
B. Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.
(7) "Bottomless" means less than full opaque covering of male or female genitals, pubic area or buttocks.
(8) Nude or nudity" means the showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discerningly turgid state.
(9) "Topless" means the showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
(10) “Sexual activity" means sexual contact or sexual conduct, or both.
(11) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region or, if the person is a female, the breast, for the purpose of sexually arousing or gratifying either person.
(12) "Sexual excitement" means the condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
(c) Conditional Use Permit. No person shall cause or permit the establishment (defined as the opening of a new business, relocation of an existing business or the conversion of an existing business) of an adult entertainment business unless authorized by the issuance of a conditional use permit. In addition, an adult entertainment business shall comply with the following conditional use criteria:
(1) Adult entertainment businesses shall be conditionally permitted only in a B- 1 designated district and shall comply with all regulations within such district.
(2) No adult entertainment business shall be located within 500 feet of any residential district or residential property line, church, park, preschool or school.
(3) No adult entertainment business shall be permitted in a location which is within 1,000 feet of another adult entertainment business.
(4) No adult entertainment business shall be permitted within 500 feet of any boundary of any residential district which is within an abutting local unit of government (village, city, township).
(d) Permit Guidelines. An adult entertainment establishment shall be issued a conditional use standards.
(e) Landscaping or Screening Provisions. For uses abutting a residential district, the minimum yards may be reduced up to 50 percent of the minimum side or rear yard requirements if acceptable landscaping or screening, approved by the Planning and Zoning Commission, is provided. Such screening shall be a masonry or solid fence between 4 and 6 feet in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 15 feet in width planted with evergreen hedge, or dense planting of evergreen shrubs not less than 4 feet in height.
(Ord. 97-3. Passed 5-19-97.)