(A) No person shall operate an adult use unless specifically permitted pursuant to this section.
(B) Permits for constructing or occupying an adult use shall be issued only after the following review process. The applicant shall apply to the Zoning Administrator for the permit; the application shall be accompanied by a nonrefundable $350 application fee. The application shall be on a form substantially in the form attached to the ordinance codified herein as Appendix A.
(C) The Zoning Administrator shall provide a copy of the application to the Chief of Police, and shall process the portion of the application marked “For Zoning Administrator’s Review” and shall forward the application to the Zoning Board of Appeals for review. Within 60 days of filing, the Zoning Board of Appeals shall conduct a review of the application for conformance with the zoning, subdivision, and adult use chapters of the village’s Code of Ordinances. The Zoning Board of Appeals shall render a recommendation to the Village Board as to whether the proposed adult use conforms with all village ordinances, and may recommend conditions on the development and operation of the adult use related to site plan, floor plan, construction materials, lighting, parking and circulation, ingress and egress, landscaping and screening, and signage in order to assure that the design and operation of the adult use is in conformance with all village ordinances and is compatible with surrounding uses.
(D) The Chief of Police shall run a criminal background check on all persons disclosed by the application to have a 5% or greater ownership interest in the permit application, in order to verify that no such persons have been convicted of the crimes of prostitution, obscenity, or other crimes of a sexual nature. The Chief of Police shall report his or her findings to the Village Board. No permit shall be issued to a person who has been convicted of any felony or misdemeanor involving prostitution, obscenity, or other offense of a sexual nature, or to a business entity, any manager, or owner of 5% or more of the interest of which has been convicted of such a crime.
(E) Within 30 days of receipt of the Zoning Board of Appeals’s recommendation, the Village Board shall, by resolution, duly made, seconded, passed, and signed by the Village President, grant or deny the permit. The Village Board’s action shall specify the location, by legal description and common address, of the adult use, and shall specify the nature of the adult use permitted. The Village Board may place conditions on the adult use. The Village Board’s determination is a final agency action subject to administrative review.
(F) Permit renewal regulations are as follows.
(1) Except as set forth in division (F)(2) below, a permit granted pursuant to this title is valid until December 31 of the year in which it is granted. During the month of December of each year, each licensee shall apply for a permit renewal, using the permit renewal application set forth as Appendix B of the ordinance codified herein. A renewal permit, when granted, shall be valid until December 31 of the following year. The annual permit renewal fee shall be $50.
(2) Upon any change in ownership of greater than 5% of a corporate or LLC licensee, the licensee shall apply for a permit renewal, using application set forth in Appendix B of the ordinance codified herein. The renewal permit shall be valid until December 31 of the year in which it was issued.
(3) The Chief of Police shall run a criminal background check on all persons disclosed by a renewal application under either divisions (F)(1) or (F)(2) above to have a 5% or greater ownership interest in the applicant, in order to verify that no such persons have been convicted of the crimes of prostitution, obscenity, or other crimes of a sexual nature. The Chief of Police shall report his or her findings to the Village President. Renewal permits shall be granted by the Village President unless the Village President finds that the applicant is in violation of this chapter or any other provision of the village’s code of ordinances, or of the conditions of the original permit. Any denial of a renewal permit application is subject to administrative review.
(Ord. 07-03, passed 5-15-2007)