A. Description And Purpose Of District: The office/research park district is a specialized classification in which large office and research complexes are encouraged. In addition, given the relative distance of the area from the residential districts in the city and the buffer provided by the Cook County forest preserve district lands along the western side of the district, the O-1 district provides regulation of the location of sexually oriented businesses so as to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene materials.
B. Adult Uses: Adult uses shall include, but not necessarily be limited to those uses defined below. Adult uses are prohibited in any district other than the O-1 office/research park district. As used in this zoning code, the following terms shall have the following meanings:
ADULT BOOTH: Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT: Any of the following commercial establishments, as defined herein:
Adult Cabaret: Any commercial establishment that as a substantial or significant portion of its business regularly features any of the following:
1. Persons who appear nude or seminude.
2. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
Adult Store: Any commercial establishment: 1) that contains one or more adult booths; 2) that as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or 3) that has a segment or section devoted to the sale or display of adult materials.
Adult Theater: Any commercial establishment that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
ADULT ESTABLISHMENT EMPLOYEE: Any individual, including entertainers, who work in or at, or render any services directly related to the operation of, an adult entertainment establishment; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.
ADULT ESTABLISHMENT PATRON: Any individual, other than an adult establishment employee, present in or at any adult entertainment establishment at any time when such adult entertainment establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.
ADULT MATERIAL: Any of the following, whether new or used:
1. Books, magazines, periodicals, or other printed matter, or digitally stored materials; or
2. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind; or
3. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; or
4. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
NUDE OR STATE OF NUDITY: A state of dress or undress that exposes to view: 1) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or 2) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SEMINUDE: A state of dress or undress in which clothing covers no more than the genitals, pubic region, and areolas of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
SPECIFIED ANATOMICAL AREAS: Any of the following:
1. Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areolas, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolas are not exposed.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES: Any of the following:
1. Actual physical touching of human genitals, pubic region, buttocks, anus, or female breasts.
2. Actual physical sexual acts, including intercourse, oral copulation, or sodomy.
3. Actual masturbation.
4. Human genitals in a state of sexual stimulation, arousal, or tumescence.
5. Excretory functions as part of or in connection with any of the activities set forth in this definition.
STRADDLE DANCE: The use by any person, including specifically, but without limitation, an adult establishment employee, of any part of his or her body to deliberately touch the genitals, pubic region, buttock, anus, or female breast of any adult establishment patron or any other person, or the deliberate touching of the genitals, pubic region, buttock, anus, or female breast of any person by any adult establishment patron. Conduct shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the person is displaying or exposing any specified anatomical area. Conduct shall also be a "straddle dance" regardless of whether the "touch" or "touching" is direct or through a medium. Conduct commonly referred to by the slang terms "lap dance", "table dance", and "face dance" shall be included within this definition of straddle dance.
SUBSTANTIAL OR SIGNIFICANT PORTION OF ITS BUSINESS: For purposes of the definitions in this section, the phrase "substantial or significant portion of its business" shall be deemed to apply to any commercial establishment that satisfies one or more of the following criteria:
1. Gross Sales: Ten percent (10%) or more of the retail dollar value of the commercial establishment's annual gross sales derives from the sale, rental, or viewing of adult materials.
2. Floor Area: Five percent (5%) or more of the floor area of the commercial establishment is devoted to the display, viewing, or presentation of adult materials, not including storerooms, stock areas, bathrooms, basements, or any other portion of the commercial establishment not open to the public.
3. Merchandise Displayed: Ten percent (10%) or more of the retail dollar value of all merchandise displayed at any one time is attributable to adult materials.
4. Inventory: Ten percent (10%) or more of all inventory of the commercial establishment (whether measured by retail dollar value or number of items) consists at any one time of adult materials.
5. Stock In Trade: Ten percent (10%) or more of the stock in trade at the commercial establishment consists at any one time of adult materials.
6. Live Performances: Live performances by persons appearing nude; live performances that are otherwise distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities; or live performances by persons appearing seminude and that are taking place during ten percent (10%) or more of the time which the commercial establishment is open for business.
C. Additional Restrictions On Adult Uses:
1. All adult uses shall be subject to the following restrictions:
a. No adult use shall be allowed within five hundred feet (500') of another existing adult use.
b. No adult use shall be located within one thousand feet (1,000') of any residential land use.
c. No adult use shall be located within one thousand feet (1,000') of a preexisting school, childcare facility, or place of worship.
d. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified anatomical areas" or "specified sexual activities", from any public way. This shall apply to any display, decoration, sign, show window or other opening.
e. Straddle dances are prohibited.
D. Permitted Uses: The following uses of land of buildings are permitted:
Accessory uses, as defined in chapter 3 of this title.
Adult uses, including:
Adult cabaret;
Adult stores;
Adult theaters;
Erotic dance schools;
Erotic dance studios;
Escort agencies;
Massage parlors;
Massage schools;
Massage services;
Uses similar to those above.
Business, professional and governmental offices.
Fences, in accordance with the provisions of chapter 3 and subsection L3 of this section.
Off street parking with loading facilities, in accordance with the provisions of chapter 8 of this title.
Professional and business schools, but not including those of an industrial character.
Research and development laboratory facilities.
Signs, in accordance with the provisions of chapter 9 of this title.
E. Special Uses: The following special uses are permitted:
Agricultural uses as defined in chapter 2 of this title.
Artificial lakes.
Banks, with or without drive-in facilities.
Bookstores, and office supply stores.
Business colleges, commercial schools.
Convention halls and centers.
Dwellings, of the proprietor of a commercial use.
Financial institutions.
Health clubs.
Heliports; private, commercial.
Investment companies.
Labor unions and organizations.
Parks and playgrounds.
Personnel training centers.
Philanthropic and eleemosynary (charity) institutions.
Post offices, and post office substations.
Public service uses:
Electric substations, gas regulator stations.
Police and fire stations.
Public water towers, waterworks and wells.
Pumping station and reservoir.
Railroad rights of way, not including railroad yards and maintenance shops.
Telephone exchanges, repeater stations and microwave relay towers.
Other similar public service uses.
Savings and loan associations, with or without drive-in facilities.
Universities.
F. Prohibited Uses: All uses not expressly authorized in subsections D and E of this section are expressly prohibited.
G. Conditions Of Use: In the office/research park district, there shall be no storage, wholesale, retail, shipping or display of goods or merchandise on the premises except for:
1. Incidental and minor storage and retail which is clearly accessory to and customarily associated with the operation of a professional office, such as the dispensing of medicines by physicians on an individual patient basis.
2. Displays limited to floor samples in a business office.
3. All business and professional activities shall take place within enclosed buildings.
H. Lot Size: A minimum area of five (5) acres is required for each permitted use.
I. Required Yards:
1. Front Yard: All structures shall be set back from the front lot line at least one hundred feet (100').
2. Interior Side Yard (Adjacent To A Zoning Lot): All structures shall be set in from the side lot line a distance of not less than fifty feet (50').
3. Corner Side Yard (Adjacent To A Street): All structures shall be set in from the side lot line adjacent to the street right of way a distance of not less than one hundred feet (100').
4. Rear Yard: All structures shall be set back from the rear lot line at least fifty feet (50').
5. Transitional Yard: The minimum transitional yard requirements for all structures shall be not less than those specified below:
a. Where a rear lot line coincides with a rear lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be not less than fifty feet (50') in depth.
J. Lot Coverage: Not more than thirty percent (30%) of the lot area may be occupied by buildings and structures including accessory buildings.
K. Floor Area Ratio (FAR): The maximum FAR shall be 1.0. The FAR of accessory buildings shall be included in the total allowable floor area permitted on the zoning lot. However, any floor area devoted to off street parking or loading facilities shall not be counted in the floor area used to determine FAR.
L. Special Provisions:
1. Trucks: The parking of trucks as an accessory use, when used in the conduct of a permitted business, shall be limited to vehicles of not over one and one-half (11/2) tons capacity when located within one hundred fifty feet (150') of a residential district boundary line.
2. Sewer And Water: All uses requiring sanitary facilities shall be served by either a municipal sewer and water system, a private community sewer and water system, or a private individual water supply system approved by the appropriate governmental agency.
3. Temporary Uses: Temporary uses may be permitted in accordance with the provisions of chapter 3 of this title.
4. Screening And Landscaping: Where the O-1 district use abuts or is across the street from a residential district, adequate buffering in the form of screening and landscaping shall be provided. The entire site shall be adequately and attractively landscaped in accordance with plans prepared by a recognized landscape architect. The landscape design may incorporate native plant materials and existing site amenities or new forms and vistas may be introduced by the use of plant materials, earth sculptures and/or structures.
5. Business Requirement:
a. All business, servicing, or processing, except for off street parking and off street loading, shall be conducted within completely enclosed buildings.
b. All activities involving the production, processing, or cleaning, servicing, testing, or repair of materials, goods, or products shall conform with the performance standards established for the B-3 commercial, wholesale and general service district provided that performance standards shall in every case be applied at the boundaries of the zoning lot on which such activities take place. (Ord. 0-06-01, 1-23-2006)