APPEAL from the Circuit Court of Cook County; the Hon. RICHARD
H. JORZAK, Judge, presiding.
MISS JUSTICE MCGILLICUDDY DELIVERED THE OPINION OF THE COURT:
Rehearing denied August 14, 1981.
The defendants are the operators of World Wide News Agency (World Wide), a bookstore located at 9570 Potter Road, Des Plaines, in unincorporated Cook County. On May 2, 1980, the circuit court of Cook County permanently enjoined the operation of the adult sections of World Wide until the defendants complied with certain provisions of the Cook County Zoning Ordinance. On appeal, the defendants contend that the zoning ordinance is unconstitutional.
Pursuant to the Cook County Zoning Ordinance, as amended, adult book stores, *fn1 adult motion pictures, *fn2 and adult mini-motion-picture theaters *fn3 must be located in areas zoned C-3. These adult uses are special uses which require the issuance of a special use permit. Section 5.34.
In order to obtain the permit, an applicant must file an application with the Department of Building and Zoning. (Section 13.10-3.) Thereafter, the Zoning Board of Appeals conducts a public hearing in the township in which the property is located. (Section 13.10-4.) The Zoning Board of Appeals reports its finding and recommendation to the Board of Commissioners of Cook County. (Section 13.10-5.) The Zoning Board of Appeals cannot recommend a special use unless it finds:
"1. That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, or general welfare.
2. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
3. That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
4. That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.
5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6. That the special use shall in all other respects conform to the applicable regulations of this Ordinance and other applicable County regulations, except as such regulations may in each instance be modified by the Board of Commissioners pursuant to the recommendation of the Zoning Board of Appeals." Section 13.10-7.
The County Board of Commissioners may grant or deny the application for a special use. (Section 13.10-5.) However, in the event of a written protest against the proposed use, approval of the special use requires a favorable vote of three-quarters of the members of the County Board. Section 13.10-5.
The ordinance also provides that it is unlawful to establish an adult book store, adult motion picture theater, adult mini-motion-picture theater or adult entertainment cabaret within 1,000 feet of an area zoned for residential use. This prohibition may be waived if the applicant files with the Zoning Board of Appeals a petition indicating the approval of the proposed use by 60% of the persons owning, residing or doing business within a radius of 1,000 feet of the location of the proposed use (neighbors). (Section 13.6-4.) Nicholas Phillips, the Secretary of the Zoning Board of Appeals, testified that there are approximately 40 to 45 C-3 zones in unincorported Cook County. All but three of these zones are within 1,000 feet of an area zoned residential.
World Wide opened for business in mid-1979. Its location is within 1,000 feet of an area zoned residential. The store contains an area devoted to the sale of sexually explicit books and magazines. Also located in the store are individual ...