(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 this section to regulate adult entertainment businesses, as defined in Chapter 1171 "Definitions" in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishments of such businesses within close proximity to existing adult entertainment businesses, residentially zoned areas, schools, places of worship, parks and playgrounds within the Village.
(b) Conditional Use Permit Required. No building shall be erected, constructed, or developed, and no building or premises shall be reconstructed, remodeled, arranged for use or used for any adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with the provisions of Chapter 1161 "Conditional Use Review."
(c) Conditional Use Criteria. An adult entertainment business shall comply with the following additional conditional use criteria:
(1) Adult entertainment businesses shall comply with the district regulations applicable to all properties in any district in which they are located.
(2) No adult entertainment business shall be permitted in a location which is within 500 feet of another adult entertainment business.
(3) No adult entertainment business shall be permitted in a location which is within 300 feet of any place of worship, any school, any park, any playground, or any social services facility or neighborhood center.
(4) No adult entertainment business shall be permitted in a location which is within 300 feet of any residence or boundary of any residential district.
(5) No adult entertainment business shall be permitted in a location which is within 200 feet of any boundary of any residential district in a local unit of government abutting the Village.
(d) Zoning Of Adult Entertainment Business. Adult entertainment businesses shall be conditionally permitted in the Heavy Industrial (HI) district.
(e) View Of Interior. All building openings, entries, windows, etc., for these facilities or uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.
(f) Equipment Use. No screens, loudspeakers or sound equipment shall be used for any adult motion picture theaters (enclosed or drive in) that can be seen or discerned by the public from public or semi-public areas.
(g) Parking Facilities. Off-street parking shall be provided as required in accordance with Chapter 1139 "Parking, Access and Mobility."
(h) Required Lot Area. When located on an existing lot, the lot area shall be not less than three-fourths (3/4) acre and the lot width shall be at least 100 feet. New lots shall conform to the underlying zoning district minimum lot size.
(i) Building Height Limit. No building or structure shall be erected to a height in excess of thirty-five (35) feet.
(j) Yards Required. The following yard requirements shall apply:
(1) Front Yard. Setback of seventy-five (75) feet from the road right-of-way line. A fifteen (15) foot deep obstructed open buffer strip shall be provided next to the right-of-way and parking in this strip shall be prohibited.
(2) Rear Yard. Forty (40) feet.
(3) Side Yards. Minimum side: Twelve (12) feet on both sides. Abutting a side street: forty (40) feet.
(k) Accessways. Each lot shall have not more than two (2) accessways to any street or highway with forty-five (45) feet separation between centerlines. The width of the access way leading to or from a highway shall be not less than twenty (20) feet nor shall it exceed thirty-six (36) feet.
(l) Percentage Of Lot Coverage. All buildings, including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot.
(n) Certificate Of Compliance. The provisions of Section 1155.08 "Certificate of Compliance" shall be in full force and effect.
(o) Screening Requirements. In addition to the provisions of Chapter 1137 "Landscaping and Screening," a fifteen (15) foot deep obstructed open buffer strip shall be provided next to the right-of-way and parking in this strip shall be prohibited.
(p) Nonconforming Status. An adult entertainment business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of any use or zoning district identified in Section 1115.04(c) "Conditional Use Criteria."
(Ord. 30-22. Passed 12-12-22.)