HomeMy WebLinkAboutOrdinances - ORD-01-1005 - 02/14/2001 - AMEND ZONING ORD REGARD ADULT BUSINESSESfrrl�'
ORDINANCE NO. nRn_n1 _ i pp_�..
AN ORDINANCE AMENDING THE CITY OF MCHENRY
ZONING ORDINANCE REGARDING ADULT BUSINESS
BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry
County, Illinois, as follows:
SECTION 1: That Table 7: Permitted and Conditional Uses in Commercial Districts,
Group O: Additional Conditional Uses in the C-5 District, of the City of McHenry Zoning
Ordinance (pg. 121) shall be amended by changing Item 1, "Adult Uses" to "Adult
Business".
SECTION 2: That the definition "AD ULT USE" in Section XIX, Definitions, of the City
of McHenry Zoning Ordinance shall be repealed and the following definitions added to
Section XIX:
ADULT BUSINESS: Any establishment having as a substantial or significant portion of its
stock in trade or business activity in a use such as, but not limited to the following: adults -
only bookstores, adults -only motion picture theater(s), adult entertainment centers, rap
parlor, adults -only nightclubs or adults -only saunas, where explicit sexual conduct is
depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULT ENTERTAINMENT BUSINESS: Synonymous with "adult business" as defined
herein.
ADULT ENTERTAINMENT CENTER: An enclosed building or part of an enclosed building,
which contains one or more coin -operated mechanisms which when activated permit a
customer to view a live person nude or in such attire, costume or clothing as to expose to
view the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic
regions; or, female breast, at or below the areola thereof. In addition, the viewing of a live
person, in the above described manner, after paying of any admission or fee for the viewing
of same activity.
ADULTS -ONLY: Any items or activities emphasizing, depicting, describing or relating to
nudity, explicit sexual conduct (whether auto -erotic, heterosexual, homosexual or
otherwise), bestiality or sadomasochistic activity.
ADULTS -ONLY BOOKSTORE: An adults -only establishment having as a substantial or
significant portion of its stock in trade, books, magazines, films for sale or viewing on
premises by use of motion picture devices or other coin -operated means, and other
periodicals which are distinguished or characterized by their principal emphasis on matters
depicting, describing or relating to nudity, explicit sexual conduct (whether auto -erotic,
heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity. An
Zoning Ordinance Amendment, Page 1
establishment, having adults -only items as a substantial or significant portion of its stock,
that sells or displays adults -only items for sale to patrons therein.
ADULTS -ONLY MOTION PICTURE THEATER: An enclosed building used regularly and
routinely for presenting adults -only material distinguished or characterized by an emphasis
on matter depicting, describing or relating to nudity, explicit sexual conduct (whether auto -
erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity, for
observation by patron therein.
ADULTS -ONLY NIGHTCLUB: An establishment or place either occasionally or primarily in
the business of featuring topless dancers, go-go dancers, exotic dancers, strippers, male or
female impersonators or similar entertainers, where explicit sexual conduct is depicted
and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULTS -ONLY SAUNA: An establishment or place primarily in the business of providing a
steam bath and/or massage services, where explicit sexual conduct is depicted and/or
sexual activity is explicitly or implicitly encouraged or tolerated.
BOOTH: Any enclosure that is specifically offered to patrons of an adult business for the
private viewing of any adults -only item or movie. Said definition does not include
enclosures that are used as private offices by any operator, employee or agent for attending
to the tasks of their employment and are not offered for use by the public.
CUBICLE: Synonymous with "booth" as defined herein.
DOOR: Full, complete, non -transparent closure device that obscures the view or activity
taking place within the enclosure.
NIGHTCLUB: An establishment serving food and/or liquor and providing music and space
for dancing by patrons only. A nightclub shall not include an "adult business."
NUDITY: The display of the human male or female genitalia; pubic hair; buttocks;
perineum; anal or pubic regions; female breast, at or below the areola thereof, with no
covering or with a less than fully opaque covering; or, male genitalia, in a discernible turgid
state, with or without covering.
OBSCENE: Any material or performance is obscene if: (1) the average person, applying
contemporary adult community standards, would find that, taken as a whole, it appeals to
the prurient interest; and (2) the average person, applying contemporary adult community
standards, would find that it depicts or describes, in a patently offensive way, ultimate
sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or
simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and (3)
taken as a whole, it lacks serious literary, artistic, political or scientific value. [Statutory
Reference: 720 ILCS 5/11-20]
Zoning Ordinance Amendment, Page 2
OPERATOR: For purposes of an adult business, as defined herein, any person, (whether
said persons be an individual, partner, corporation, joint stock company, fiduciary, officer,
director, stockholder, employee, or manager), which conducts, maintains or owns any adult
business.
PATRON: For purposes of an adult business, as defined herein, any customer, patron or
visitor to an adult business who is not employed by any operator of said establishment.
RAP PARLOR: An establishment or place primarily in the business of providing non-
professional conversation or similar services for adults, where explicit sexual conduct is
depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ROOM: For purposes of an adult business, synonymous with "booth" as defined herein.
SADOMASOCHISTIC ACTIVITY: Flagellation or torture by or upon a nude person; a
person clad in undergarments, a mask or bizarre costume. In addition, the condition of
being fettered, bound or otherwise physically restrained with the intent to stimulate or
arouse sexually the initiator and/or the recipient.
SELL: Includes to solicit or receive an order for, to keep or expose for sale and to keep
with intent to sell.
SEXUAL CONDUCT: Ultimate sex acts (whether auto -erotic, heterosexual, homosexual or
otherwise), bestiality or sadomasochistic activity. In addition, physical contact, intended to
stimulate or arouse sexually the initiator and/or the recipient, with a person's unclothed
genitalia, buttocks, perineum, anal or pubic regions, or female breast.
UNDERAGE: For purposes of an adult business, any person under 18 years of age, the
legally minimum age at which one can purchase or view adults -only items. (Statutory
Reference: 720 ILCS 5/11-20)
SECTION 3: That Chapter III, Section J, Adult Uses, of the City of McHenry Zoning
Ordinance (pg. 67) shall be amended to read as follows:
J. ADULT BUSINESS
1. Intent and Purpose: It is the intent of this Section to protect and preserve the health,
safety, welfare and morals of the citizens of the City by regulating adult business
within the City.
2. General Standards
A. A separate conditional use permit must be issued for each adult business as
defined in Section XIX herein.
Zoning Ordinance Amendment, Page 3
B. Location Restrictions: No adult business shall be operated within 1,000 feet
of a residential zoning district or within 1,000 feet of the property boundaries
of any school, day care center, cemetery, public park, public housing, nursing
home, rest home, sheltered care facility and place of religious worship. The
distance limitation shall be measured in a straight line from the lot lines of
said adult business and applicable residential zoning district, school, day care
center, cemetery, public park, public housing, nursing home, rest home,
sheltered care facility and place of religious worship.
C. Only one adult business shall be permitted per block face.
D. Sign Requirements: The following sign requirements shall apply to any adult
business:
1. All signs shall be flat wall signs.
2. The amount of allowable sign area shall be one square foot of sign
area per foot of lot frontage on a street, or as permitted by Section IX
herein, whichever is more restrictive.
3. Window areas shall not be covered or made opaque in any way. No
sign shall be placed in any window. One one -square foot sign may be
placed on the door to state hours of operation and admittance to
adults only.
E. Advertising: No merchandise or pictures of the products or entertainment on
the premises shall be displayed in window areas or any area where they can
be viewed from the sidewalk in front of the building.
F. Alcoholic Liquor Prohibited: It shall be unlawful for any adult business to sell,
distribute or permit beer or alcoholic beverages on the premises.
SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of
this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue in full force and effect.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Zoning Ordinance Amendment, Page 4
SECTION 6: This Ordinance shall be in full force and effect upon its passage,
approval and publication in pamphlet form (which publication is hereby authorized) as
provided by law.
PASSED THIS 14TH DAY OF FEBRUARY , 2001
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
CITY CLERK
NONE.
NONE.
NONE.
14TH DAY OF FEBRUARY , 2001
�AYOR
Zoning Ordinance Amendment, Page 5