A. Definitions: As used in this section 9-13-4-2, the following words and terms shall have the meanings set forth in this subsection:
ADULT BOOKSTORE: An establishment having, as a substantial or significant portion of its sales or stock in trade, books, periodicals, magazines, videotapes, or films for sale, for rental or for viewing on premises which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas; or an establishment with a segment or section devoted to the rental, sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
ADULT ENTERTAINMENT CABARET: A public or private establishment which:
1. Features models, topless dancers, strippers, or male or female impersonators;
2. Not infrequently features entertainers who display specified anatomical areas; or
3. Features entertainers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in or are engaged in explicit simulation of specified sexual activities.
ADULT MOTION PICTURE THEATER: A building or area used for presenting films, videotapes or other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, and other similar uses.
SPECIFIED ANATOMICAL AREAS: 1. Less than completely and opaquely covered:
a. Human genitals or pubic region;
b. Human buttock;
c. Human female breasts below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: 1. Human genitals in the state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy; and
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
B. Special Use Permit Required: No person shall establish, operate or maintain an adult use without first obtaining a special use permit authorized and issued by the village board in accordance with the standards and procedures set forth in this section.
C. Registration Requirements: The owner of a building or premises, his agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register the following information with the village clerk:
1. The address of the premises;
2. The name(s) of the owner(s) of the premises and name(s) of the beneficial owner(s) if the property is in a land trust;
3. The addresses of the owner(s) and the beneficial owner(s);
4. The name of the business or establishment subject to the provisions of this section 9-13-4-2;
5. The name(s) and address(es) of the owner(s), beneficial owner(s) or the holders of ten percent (10%) or more of the issued shares, partnership or member interest, of the business or establishment subject to the provisions of this section 9-13-4-2;
6. The date of initiation of the adult use;
7. The nature of the adult use; and
8. If the premises or building is leased, a copy of said lease must be attached.
D. Standards For Granting Adult Use: In addition to the standards set forth in section 9-13-3 of this chapter, no special use permit for an adult use shall be granted by the village board unless the board finds:
1. The design and operation of the facility will not adversely affect the public health and safety;
2. It will not cause substantial injury to the value of other property in the neighborhood in which it is located;
3. It will not unduly increase traffic congestion in the public streets and highways in the area in which it is located;
4. It will not cause additional public expense for fire or police protection;
5. It will not substantially increase the possibility of criminal acts against persons and properties within five hundred feet (500') of such proposed special use or against persons who regularly use such properties; and
6. It is located in a zoning district in which adult uses are allowed as a special use and meets the location requirements stated in subsection E of this section.
E. Location: Adult uses may be allowed, upon obtaining a special use permit, in the zoning district(s) identified in permitted uses of this title; provided:
1. That no adult use shall be located within one thousand feet (1,000') of any property which is zoned or used for residences, churches, parks, schools, or another adult use; and
2. That no adult use shall be permitted to operate within three hundred feet (300') of the centerline of Elm Street, and U.S. Route 30 (Lincoln Highway).
F. Prohibited Conditions:
1. Liquor: No liquor license shall be issued for any adult use, and no liquor shall be sold or consumed on the premises of any adult use.
2. Exterior Display: No adult use shall be conducted in any manner that permits the observation of any material depicting 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.
G. Continuance Of Existing Adult Uses: Any adult use which existed lawfully, but which became nonconforming upon the effective date hereof, may be continued, as follows:
1. Upon written notice from the village to the owners or tenants therein that any building, structure, lot or use is nonconforming under the provisions of this title as to adult uses, the owners or tenants therein shall, within two (2) months from the date of such notice, apply to the village for a special use permit for an adult use.
2. Failure to apply for a special use permit for an adult use within two (2) months of the notice provided in subsection G1 of this section will require the amortization of the nonconformance within six (6) months of the notice provided for in said subsection G1.
3. Nonconformances for which a special use permit for an adult use has been requested shall be discontinued within one year of the notice provided in subsection G1 of this section, unless a special use permit for an adult use is issued by the village board. (Ord. 2004-10, 6-8-2004; amd. Ord. 2015-02, 2-10-2015)