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Adult uses are permitted only in areas zoned I-1, I-2 or AG under Ch. 157 of this code of ordinances; provided:
(A) No structure containing an adult use, and no sign advertising its location or existence, shall be located within 300 feet of the property line of any property which is zoned residential or used for residences, churches, schools, parks or another adult use;
(B) In accordance with § 11-5-1.5 of the Illinois Municipal Code, no adult entertainment facility shall be located within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing and place of religious worship; and/or
(C) No adult use shall be located in a building in which there is an establishment selling alcoholic liquors.
(Prior Code, § 153.003) (Ord. 2001-014, passed 8-6-2001) Penalty, see § 110.99
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.
(Prior Code, § 153.004) (Ord. 2001-014, passed 8-6-2001)
(A) 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 $500 application fee. The application shall be on a form designated by the Zoning Administrator.
(B) 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 Plan Commission for review. Within 60 days of filing, the Plan Commission shall conduct a review of the application for conformance with the zoning subdivision and this chapter. The Plan Commission 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.
(Prior Code, § 153.005) (Ord. 2001-014, passed 8-6-2001)
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 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.
(Prior Code, § 153.006) (Ord. 2001-014, passed 8-6-2001)
Within 30 days of receipt of the Plan Commission’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.
(Prior Code, § 153.007) (Ord. 2001-014, passed 8-6-2001)
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
(Prior Code, § 153.008) (Ord. 2001-014, passed 8-6-2001)
Any adult use which existed lawfully, but which became non-conforming upon the adoption of this chapter, may be continued as hereinafter provided:
(A) Upon written notice from the village to the owners or interests therein that any building, structure, lot or regulated use is non-conforming under the provisions of Ch. 157 of this code of ordinances, as amended, the owners or interests therein shall, within two months from the date of the notice, apply to the Village Clerk for a certificate of non-conformance;
(B) Failure to apply for a certificate of non-conformance within two months of the notice provided in division (A) above will require the amortization of the non-conformance within six months of the notice provided for in division (A) above; and
(C) Non-conformances that have applied for certificate of non-conformance from the Village Clerk shall be discontinued within one year of the notice provided in division (A) above.
(Prior Code, § 153.009) (Ord. 2001-014, passed 8-6-2001)
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