(A) All sexually oriented businesses must be located within a zone district of the village zoning ordinance in which sexually oriented businesses are specifically listed as a special land use and comply with all regulations in the village zoning ordinance applicable to the use.
(B) Any sexually oriented business shall not be located within a 1,000-foot radius of any other such use, measured in a straight line from the nearest lot line to the nearest lot line.
(1) The Village Council may grant a waiver of this requirement. Waivers of these provisions shall only be granted after the Village Council makes the following findings:
(a) The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;
(b) The proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surroundings;
(c) The establishment of a regulated use, or an additional regulated use, in the area will not be contrary to any program of neighborhood conservation; and
(d) All applicable state laws and local ordinances will be observed.
(2) As part of the granting of any waiver, the Village Council may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the sexually oriented business as may, in its judgment, be necessary for the protection of the public interest. Any evidence or guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.
(C) Notwithstanding the requirement of any other village ordinance, parking spaces shall be provided at the ratio of one space per person permitted by the maximum occupancy load established by local, county, state, fire, health, or building codes.
(D) No sexually oriented business shall be open for business prior to 10:00 a.m. nor after 11:00 p.m. However, employees or other agents or contractors of the business are permitted to be on the premises at other hours for legitimate business purposes such as maintenance, clean-up, preparation, record keeping, and similar purposes.
(E) No alcohol shall be served at any sexually oriented business.
(F) No sexually oriented business shall permit any person under the age of 18 to be on the premises of the business either as an employee or customer. Signs shall be conspicuously posted on both the exterior and interior walls of the entrances, in a location which is clearly visible to those entering or exiting the business, and using lettering which is at least two inches in height, that states: “Persons under the age of 18 years are not permitted to enter the premises.”
(G) All parking areas and the building shall be well lighted to ensure the safety and security of patrons. These areas shall remain lighted for one hour after closing each night.
(H) (1) No person shall operate or maintain, or cause to be operated or maintained, a sexually oriented business within 500 feet of:
(a) A church, synagogue, mosque, temple, or other building used primarily for religious worship and related religious activities;
(b) A public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, public or private schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. For purposes of this section, the term SCHOOL shall include the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(c) Family day care homes or group day care homes;
(d) An entertainment use which has as its principal use children or family entertainment;
(e) Any other sexually oriented business;
(f) A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, wilderness area, or other similar public land within the village which is under the control, operation, or management of the village or county; and
(g) The zoning district boundary of a residential district as defined in this chapter.
(2) For purposes of the uses listed in divisions (H)(1)(a) through (H)(1)(g) above, the distance limitations shall be measured in a straight line without regard to intervening structures or objects from the lot line occupied by the sexually oriented business to the nearest point of the lot line occupied by any of the uses listed in divisions (H)(1)(a) through (H)(1)(g) above.
(I) No advertisement, display of product, or entertainment on the premises, signs, or other exhibits which depict, describe, or relate to specified sexual activities and/or specified anatomical areas shall be displayed in window areas or any other area where they can be viewed by pedestrians and motorists on any street, sidewalk, or other public place.
(J) Any sign or signs proposed for sexually oriented business must comply with the requirements of this chapter and the village zoning ordinance, and shall not include photographs, silhouettes, drawings, or pictorial representations of any type, nor include any animated illumination or flashing illumination, that depict or appear to depict any specified sexual activities and/or specified anatomical areas.
(K) No building, premises, structure, or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business.
(L) The interior of the premises shall be configured in such a manner that there is an unobstructed view from the sales counter to every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this division (L) must be by direct line of sight from the manager’s station and/or sales counter.
(M) Restrooms may not contain video reproduction equipment.
(N) No viewing room may be occupied by more than one person at any time. No openings of any kind are permitted between viewing rooms or booths.
(O) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candles as measured at the floor level. Required illumination shall be maintained at all times that any patron is present in the premises.
(P) The proposed site shall front upon and have direct access to a major or minor arterial road, as classified in the Village Master Plan. All ingress and egress shall be from that arterial road.
(Q) (1) Sexually oriented businesses shall not be enlarged, increased, or expanded in any manner without first applying for and receiving the approval of the Village Council as set forth in this chapter.
(2) Further, if a use subject to the control of this section is discontinued or abandoned for a period of more than 30 days, the use may not be reestablished without applying for and receiving the approval of the Village Council as set forth in this chapter.
(3) For purposes of this section, enlarging, increasing, or expanding a sexually oriented business shall mean an increase in floor areas occupied by the establishment or business by more than 25% as the floor areas exist on the date of the original license issuance.
(Ord. 2006-3, passed 4-18-2006) Penalty, see § 113.99