(A) Purpose. Regulation of adult entertainment uses is directed at protection of the health, safety and welfare of village residents through the establishment of conditions by which such uses may be approved. The intent is to minimize the negative impacts of the use, including potential blight and possible criminal activity associated with adult uses. It is not the intent of this subchapter to regulate the content of materials associated with the use, rather the separation of incompatible uses that may result in loss of property value.
(B) District. Adult entertainment uses are conditional uses within the LI-Light Industrial District. Such uses are deemed to be incompatible with uses permitted within the agricultural, residential and commercial districts and the site development regulations provide for increased setback and lot area to further reduce the incompatibility.
(C) Definitions. The uses defined are not intended to be an exclusive list of adult entertainment. Any use required to be licensed or inspected shall be included within this definition of adult entertainment even if not specifically listed under this division:
ADULT BOOTH, ARCADE, MOTION PICTURE or MINI-MOTION PICTURE THEATER (or similar use). Presents material which displays images emphasizing matter depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as defined in this division. Such uses shall be within an enclosed building or enclosed room within the building and shall not be viewed or displayed immediately upon entering the building or room.
ADULT BOOK STORE, ADULT NOVELTY STORE or ADULT VIDEO STORE (or similar use). Offers for rent or sale material which displays images emphasizing matter depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as defined in this division. Such stores that limit the concentration of such material to an “adult only” section, encompassing less than 25% of the usable floor area and less than 25% of the gross receipts from sales or rentals, shall not be considered under this definition or regulated as adult entertainment.
ADULT CABARET, NIGHTCLUB, THEATER (or similar establishment). Features live performances by dancers (topless, go-go or exotic as examples), strippers or similar entertainers, where the performers feature live display of SPECIFIED ANATOMICAL AREAS or describe SPECIFIED SEXUAL ACTIVITIES, as defined in this division.
ADULT MOTEL or ADULT LODGING ESTABLISHMENT (or similar use). Provides materials for sale or rent, including in-room videos, which displays images emphasizing matter depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS, as defined in this division. Such facilities shall clearly advertise the availability of such adult entertainment.
ADULT PERSONAL SERVICE or ATYPICAL CULTURE BUSINESS (or similar uses). Includes massage parlors, health spas, saunas or steam baths where the person providing the service is nude or partially nude, which is defined as having attire which reveals SPECIFIED ANATOMICAL AREAS.
SPECIFIED ANATOMICAL AREAS. Areas of the body, less than completely or opaquely covered, including human genitals, the pubic region, buttock or female breast area below a point immediately above the top of the areola. This definition shall also include human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Includes human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse, sodomy or fondling or other erotic touching of human genitals, the pubic region, buttock or female breast.
(D) Conditions. In order to reduce or mitigate the incompatibility of such uses with surrounding uses, the following conditions shall apply for adult entertainment:
(1) All such facilities shall meet any state licensing requirements, fire regulations or other state or local requirements for operation.
(2) All such facilities shall provide for separate male and female restrooms and such restrooms shall be free to the public.
(3) The entrance to such facilities shall be clearly posted "For Adults Only" and anyone entering the facility shall be asked for permanent identification to determine that no person under the age of 18 is allowed.
(4) Signage shall adhere to the village sign regulations and no advertisement shall be visible from the exterior of the facility related to the display or description of materials defined as specified sexual activities or specified anatomical areas, or any language considered slang providing for the same description.
(5) A site plan shall be submitted which meets the village's standards for site plan review, including landscaping and lighting that will decrease the incompatibility with surrounding uses. The site plan shall also indicate any existing uses, buildings or structures within 500 feet of the property.
(6) The site for such adult entertainment use shall not be located within 500 feet of any community facilities, including churches, schools, public parks, daycare facilities or any public buildings.
(7) The site for such adult entertainment use shall not be located within 300 feet of any residence or from a residential zoning district.
(8) The site for such adult entertainment use shall not be located within 1,000 feet of any other adult entertainment use as defined in this subsection.
(9) Parking areas shall be well lit and no loitering or congregation of patrons outside of the facility shall be allowed by the proprietor of the business.
(E) Exempt uses. Any use that is licensed or certified for purposes of other professional service, including barbers or beauticians, massage or physical therapists, athletic trainers or other professions where bodily contact is anticipated as part of the service, shall be exempt from these provisions so long as the use does not extend to providing services similar to those identified under this section.
(Prior Code, § 750.23) (Ord. -, passed 3-20-2004; Ord. 04-05, passed - -)