Adult oriented uses shall be permitted uses in the Industrial District and shall meet the following provisions:
(A) Purpose. The purpose of this section is to establish reasonable and uniform regulations to regarding the location of sexually oriented businesses in the municipality in order to minimize and control negative secondary effects associated with sexually oriented businesses within the municipality thereby promoting the health, safety and welfare of the citizens of the municipality. The provisions of this section have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials or communication, including sexually oriented entertainment. Similarly, it is not the purpose, nor effect of this section to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Furthermore, it is not the intent or effect of this article to condone or legitimize the distribution or exhibition of entertainment that is obscene.
(B) Findings. Based on evidence concerning the adverse secondary effects of sexually oriented businesses the Village of Carol Stream finds the following: Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities.
(1) Sexual acts, including masturbation, oral sex and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or rooms for viewing films, videos or live sexually oriented entertainment. Such activities may result in spreading communicable diseases such as syphilis, gonorrhea and human immunodeficiency virus (HIV).
(2) Studies conducted in other cities have demonstrated a correlation between sexually oriented business and a decrease in the residential and commercial property values that surround them, especially those properties within 1,000 feet of such businesses.
(3) Studies conducted in other cities have demonstrated a correlation between sexually oriented businesses and increased crime in the neighborhood, including sex-related crimes like prostitution, obscenity and sexual assault. This correlation is especially acute when more than one sexually oriented business is located in a neighborhood, and when a sexually oriented business is located near a public open space such as a park, cemetery or school.
(4) Studies conducted in other cities have demonstrated a correlation between sexually oriented businesses and increased harassment and propositioning of women, children and the elderly in the neighborhood.
(5) Studies conducted in other cities have demonstrated a correlation between sexually oriented businesses and offensive material such as pornographic magazines and used condoms being discarded in the surrounding neighborhood, making them available to children.
(6) Location of sexually oriented businesses in a neighborhood can create a "sex for sale" reputation in a neighborhood.
(7) The foregoing findings raise substantial governmental interests and concerns.
(8) The municipality cannot entirely prohibit sexually oriented businesses which are not obscene from locating within the municipality.
(9) The municipality can affect reasonable locational regulations to which it believes will ameliorate these deleterious secondary effects associated with sexually oriented businesses.
(10) Locating sexually oriented businesses in the Industrial Zone will ameliorate these deleterious secondary effects associated with sexually oriented business.
(11) Requiring sexually oriented businesses to be located 1,000 feet from any other sexually oriented businesses will ameliorate these deleterious secondary effects associated with sexually oriented businesses.
(12) Requiring sexually oriented businesses to be located 1,000 feet from any school, day care center, cemetery, public park including any lineal recreational area like a bike path, forest preserve, public housing, place of religious worship, lot zoned for residential purposes and lot used for residential purposes, complies with the requirements of state law 65 ILCS 5/11-5-1.5, and will ameliorate these deleterious secondary effects associated with sexually oriented businesses.
(13) North Avenue is the main thoroughfare in the municipality, and more than any other location in the municipality reflects on the economic status of the municipality.
(14) Accordingly, a decrease in the property values and an increase in visible crime along North Avenue will affect the property values of the municipality as a whole in a way that other locations would not.
(15) Preventing sexually oriented businesses from locating directly on, or within 500 feet of North Avenue will help to conserve property values in the municipality as a whole, while still providing an adequate number of sites and acreage available for the location of sexually oriented businesses.
(C) Permitted use. Any other ordinance or section of any ordinance notwithstanding, and subject to the setback requirements of § 16-3-11(B), sexually oriented businesses shall be a permitted use only in the I Industrial District. Sexually oriented businesses shall not be a special use in any district.
(D) Setback requirements. No sexually oriented business shall be located:
(1) Within 1,000 feet of the lot line of any other sexually oriented business, and any school, day care center, cemetery, public park including any lineal recreational area like a bike path, forest preserve, public housing, place of religious worship, lot zoned for residential purposes and lot used for residential purposes;
(2) Within 500 feet of the centerline of North Avenue, which 500 feet shall be measured from the nearest lot line, or portion of the building in which the sexually oriented business is located to the nearest point of the centerline of North Avenue; and
(3) On a lot which physically touches North Avenue.
(E) Restriction on use. All sexually oriented businesses shall be conducted entirely within a fully enclosed business. No sexually oriented business shall be operated in any manner that permits the observation from outside the building of any image, material or entertainment depicting or describing excretory functions, specified sexual activities or specified anatomical areas or any person in a state of nudity or semi-nudity, whether by means of display, decoration, sign, window or any other means.
(F) Signage. No sexually oriented business shall advertise by way of billboard, sign boards or sign, within 1,000 feet of any school, day care center, cemetery, public park including any lineal recreational area like a bike path, forest preserve, public housing and place of religious worship.
(G) Other regulations. The restrictions set forth in this article shall supersede any other restrictions found in other ordinances or other sections of any ordinance as applied to sexually oriented businesses, if the terms of the restrictions are in conflict.
(Ord. 2021-05-15, passed 5-3-2021)