Adult service restriction analysis

​According to federal law, “Adult Uses” are protected uses under the
first amendment of the U.S. Constitution, and if a community does not
provide a sufficient amount of land area for this use to exist, the
municipality can be considered as violating free speech. Furthermore,
this municipality could end up in Federal Court.

Morton Grove drafted regulations in their zoning ordinance in 1998.
At that time, the U.S. Supreme Court ruled that 3% of a municipality’s
total land area should be available for an Adult Use location. In
addition, the State of Illinois adopted legislation that required adult
uses to be a distance of no less than 300 feet from a residential area,
church, park, or school. Adult Entertainment Facilities in the Village
of Morton Grove were made special uses in the M-2 General Manufacturing
District only, and met both federal and state regulations at the time.
Based on more recent U.S. Supreme Court rulings, the new constitutional
test is that “Adult Uses” must be allowed as of right in a location that
comprises either 1% of the total land area of the municipality or 5% of
the total non-residential land area; thus the reason for conducting
this study.

In regards to these new rulings the Village of Morton Grove, not only
wanted to determine which of the newly prescribed land areas would
yield the least amount of acreage they would need to make available for
an adult use, but also wanted to determine if they could increase the
distance from a residential area, church, park, or school in which an
Adult Entertainment Facility could be located from the previous 300 feet
buffer to 500, 700, or even 1,000 feet. All of this of course would be
dependent on the possible amount of land area inside of the M2
Manufacturing District that could satisfy the new Supreme Court rulings.
The project challenge now resided in finding enough land area inside of
the M-2 Manufacturing District to comply with the federal rulings,
increase the buffer distance, and try and keep an new state laws an
Adult Entertainment Facilities from locating on major thoroughfares. The
first step was to determine the acreage for 1% of the total land area,
and 5% of the non-residential land area. This was calculated very
efficiently by using the GIS system, which showed that the 1% of total
land area was 32.75 acres and the 5% of non-residential land was 26.47
acres.

Therefore, if the Village of Morton Grove was able to find at least
26.47 acres inside of the M-2 Manufacturing District, and not on a major
thoroughfare, they could then start measuring out the possible
distances from residential areas, churches, parks, or schools to see if
an increase from the original 300ft buffer to either 500, 700, or
1,000ft was feasible.

  • Would there be enough usable land inside of the M-2 Manufacturing District to conclude this study?
  • Would the Village of Morton Grove be able to increase their buffer and strengthen their ordinance on Adult Entertainment

These sorts of questions are what got Senior Planners investigating
the use of GIS for its time saving techniques and accurate analysis of
the village’s land composition. Now it was up to the GIS Specialist,
with assistance from the Senior Planner, to calculate the possibilities
of increasing the strength of the village ordinance on “Adult Uses.”
Facilities? The GIS Specialist for the Village of Morton Grove was
contacted by the Planning Department in regards to this project and a
meeting was held to exemplify the ease of this analysis by using the
GIS.

The first primary goal was to obtain a center point for the entire
M-2 Manufacturing District in order to get a visual display on where
parcels with a larger land area lied close to this center point. By
doing so this would help ensure that a larger buffer has a better chance
of being implemented without affecting residential areas, churches,
parks, or schools The second objective was to start collecting parcels
that totaled at least 26.47 acres that did not lie on major
thoroughfares. Once this criterion was met the GIS Specialist was able
to create multiple buffers at the 300, 500, 700, and 1,000ft ranges in
order to see what areas, if any, outside of the M-2 Manufacturing
District were affected. Furthermore, this part of the analysis allowed
the GIS to prove whether or not a new ordinance could be written with a
stronger restriction placed on Adult Entertainment Facilities. Even
better, this analysis saved the village planners time and inaccuracies
from attempting to measure these distances by hand. The GIS provided the
answer and it was apparently obvious that the Village of Morton Grove
could indeed increase their buffer distance from residential areas,
churches, parks, or schools from the original 300ft restriction to a
700ft buffer restriction as long as the Forest Preserve was not
included.

“The GIS saved the analysis and we can share it with other
communities that may want to do the same thing when/if they update their
codes. Maybe the ease of this with GIS will serve as a wake up call to
all the communities that haven’t but should update their adult use
regulations to avoid any legal challenges!”(Jacobson, B. 2006)

Adult service restriction analysis

​According to federal law, “Adult Uses” are protected uses under the
first amendment of the U.S. Constitution, and if a community does not
provide a sufficient amount of land area for this use to exist, the
municipality can be considered as violating free speech. Furthermore,
this municipality could end up in Federal Court.

Morton Grove drafted regulations in their zoning ordinance in 1998.
At that time, the U.S. Supreme Court ruled that 3% of a municipality’s
total land area should be available for an Adult Use location. In
addition, the State of Illinois adopted legislation that required adult
uses to be a distance of no less than 300 feet from a residential area,
church, park, or school. Adult Entertainment Facilities in the Village
of Morton Grove were made special uses in the M-2 General Manufacturing
District only, and met both federal and state regulations at the time.
Based on more recent U.S. Supreme Court rulings, the new constitutional
test is that “Adult Uses” must be allowed as of right in a location that
comprises either 1% of the total land area of the municipality or 5% of
the total non-residential land area; thus the reason for conducting
this study.

In regards to these new rulings the Village of Morton Grove, not only
wanted to determine which of the newly prescribed land areas would
yield the least amount of acreage they would need to make available for
an adult use, but also wanted to determine if they could increase the
distance from a residential area, church, park, or school in which an
Adult Entertainment Facility could be located from the previous 300 feet
buffer to 500, 700, or even 1,000 feet. All of this of course would be
dependent on the possible amount of land area inside of the M2
Manufacturing District that could satisfy the new Supreme Court rulings.
The project challenge now resided in finding enough land area inside of
the M-2 Manufacturing District to comply with the federal rulings,
increase the buffer distance, and try and keep an new state laws an
Adult Entertainment Facilities from locating on major thoroughfares. The
first step was to determine the acreage for 1% of the total land area,
and 5% of the non-residential land area. This was calculated very
efficiently by using the GIS system, which showed that the 1% of total
land area was 32.75 acres and the 5% of non-residential land was 26.47
acres.

Therefore, if the Village of Morton Grove was able to find at least
26.47 acres inside of the M-2 Manufacturing District, and not on a major
thoroughfare, they could then start measuring out the possible
distances from residential areas, churches, parks, or schools to see if
an increase from the original 300ft buffer to either 500, 700, or
1,000ft was feasible.

  • Would there be enough usable land inside of the M-2 Manufacturing District to conclude this study?
  • Would the Village of Morton Grove be able to increase their buffer and strengthen their ordinance on Adult Entertainment

These sorts of questions are what got Senior Planners investigating
the use of GIS for its time saving techniques and accurate analysis of
the village’s land composition. Now it was up to the GIS Specialist,
with assistance from the Senior Planner, to calculate the possibilities
of increasing the strength of the village ordinance on “Adult Uses.”
Facilities? The GIS Specialist for the Village of Morton Grove was
contacted by the Planning Department in regards to this project and a
meeting was held to exemplify the ease of this analysis by using the
GIS.

The first primary goal was to obtain a center point for the entire
M-2 Manufacturing District in order to get a visual display on where
parcels with a larger land area lied close to this center point. By
doing so this would help ensure that a larger buffer has a better chance
of being implemented without affecting residential areas, churches,
parks, or schools The second objective was to start collecting parcels
that totaled at least 26.47 acres that did not lie on major
thoroughfares. Once this criterion was met the GIS Specialist was able
to create multiple buffers at the 300, 500, 700, and 1,000ft ranges in
order to see what areas, if any, outside of the M-2 Manufacturing
District were affected. Furthermore, this part of the analysis allowed
the GIS to prove whether or not a new ordinance could be written with a
stronger restriction placed on Adult Entertainment Facilities. Even
better, this analysis saved the village planners time and inaccuracies
from attempting to measure these distances by hand. The GIS provided the
answer and it was apparently obvious that the Village of Morton Grove
could indeed increase their buffer distance from residential areas,
churches, parks, or schools from the original 300ft restriction to a
700ft buffer restriction as long as the Forest Preserve was not
included.

“The GIS saved the analysis and we can share it with other
communities that may want to do the same thing when/if they update their
codes. Maybe the ease of this with GIS will serve as a wake up call to
all the communities that haven’t but should update their adult use
regulations to avoid any legal challenges!”(Jacobson, B. 2006)