City Tries to Get Glengarry Out of Adult-Use Range

Editor's note: Before reading this story, take a look at the screen shot of the maps that show the two areas where adult-use business could locate in Geneva, as proposed in a draft ordinance in front of the Geneva City Council.

There are two areas on the map—Area No. 6 near the Glengarry subdivision and business park, and Area No. 7, near Geneva's far-eastern border. See them?

OK. Now you can go ahead and read the story. :) ###

After hearing from several aldermen , a Glengarry resident and a Glengarry business owner, the Geneva City Council Committee of the Whole decided Monday to tweak a proposed set of ordinances and regulations on adult-use business.

Their direction: Get Glengarry out of range.

"If I put myself back in the Third Ward, my question to you would be … How do I eliminate Glengarry?" said Second Ward Alderman Bob Piper, a former Third Ward resident. "As I look at (Area) No. 6, and I see it fits all the legal definitions; it just makes me uncomfortable. I know we're thinking of hypotheticals, but what would we have to do to eliminate that part of the map?"

The map, shown in the pictures attached to this story, shows in red the areas of the city where adult-use businesses—arcades, bookstores, novelty stores, video stores, cabarets, theaters, escort agencies, semi-nude model studios—potentially could find a home in Geneva.

"Thank you for bringing up Glengarry," said John Rice, who lives in the subdivision. "(The report) was very detailed. I learned more about adult businesses than I ever thought I would."

Rice said he understood the concepts of the proposed zoning ordinance amendments, which essentially limit adult uses to industrial-zoned areas and says those uses can't be any closer than 750 feet from residences, schools or businesses.

There are seven such industrial-zoned areas in Geneva. The first five—all on the West Side—would not allow adult uses because of the 750-foot buffer. That would leave Area No. 6 and Area No. 7 as properties where adult businesses could locate.

"I'm OK with Area 7, but the Glengarry Industrial Park does create a lot of problems," Rice said. "At the top of my driveway I can see into the industrial park ... and the McDonald's is a huge concern. My point is, it's just too visible. Anybody pulling into that McDonald's gets a clear view of that industrial park."

Rice said he asked McDonald's for some information about how many vehicles they get at the East Side drive-through. The answer he received was an average of 140 an hour.

Jacqueline Hindi, who owns a business owner in the Glengarry business park, said that "Geneva is known for charming businesses and beautiful old homes" and she'd rather it not be known for its strip clubs or porn emporiums.

"It would be very embarrassing to have an adult business in our area," she said. "I do appreciate that you're being proactive about this, but I'm sure that we all wish we could say no thanks."

The city can't say "no thanks," however, without risking a lawsuit, City Attorney Charles Radovich said. The ordinance and regulations are designed so that adult uses are allowed, but the regulations and locations are clearly spelled out.

"There has been much litigation and a tremendous body of case law on this topic," he told the City Council. "We believe we have a defensible ordinance and one that protects the best interests of the city."

One of the factors in making a legal defense is maintaining a certain percentage of city land where adult uses are allowed. Under the proposed ordinance, about 2.6 percent of the city's footprint could house an adult-use business.

Piper suggested that by increasing the buffer distance between adult uses and homes, schools or businesses, the Area No. 6 no longer would include property where adult businesses could locate.

"Why not go to 1,000 feet and call it a day?" he asked.

In the end, the Committee of the Whole rescinded a motion that would have recommended the City Council approve the new set of ordinances and regulations. Radovich suggested that he and city of Geneva Development Director Dick Untch take a look at the buffer distance—somewhere between the 750 feet and 1,000 feet—that would be required to take Glengarry off the map.

The city is addressing the ordinance change and new regulations because there is no specific direction under the present ordinances, Untch told the Committee of the Whole on Monday night. 

"A good example would be a bookstore," Untch said. "That's allowed. If an adult bookstore were to locate (next door to, say, a Borders or Barnes & Noble), the city would have to oblige."