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MINUTES <br />PLANNING COMMISSION <br />JANUARY 10, 1991 <br />uses should one wish to locate within the City. The <br />Planner explained the situation that other cities have <br />faced with no ordinance in effect and these uses were <br />essentially unregulated. <br />The City Planner explained that under First Amendment <br />rights, adult uses cannot be prohibited from locating <br />in a city, however, cities do have the right to <br />restrict distances from certain types of land uses and <br />from another adult use. The Ordinance before the <br />Commission proposes a minimum distance of 500 feet <br />between adult uses as well as from other certain land <br />uses, such as residential, schools, etc. This leaves <br />about 2% of the City's business district available for <br />adult uses. The Planner reported that the Council had <br />discussed minimum distances of 300 feet as well as 700 <br />feet, and felt that the 300 feet minimum would be too <br />liberal and was informed that the 700 foot minimum has <br />been found to be too restrictive by certain court <br />rulings. <br />Herkenhoff felt that churches should be included in the <br />list of land uses that fall under the minimum distance <br />provisions. <br />The City Planner replied that he would determine if <br />churches could be included. <br />Bendel asked if cities are able to prohibit liquor <br />stores from their community, why can't adult use <br />businesses be prohibited as well. <br />The City Planner replied that the First Amendment right <br />of free expression prohibits adult use businesses from <br />being zoned out of communities. However, cities can <br />determine what is obscene and regulate secondary <br />effects by keeping such a use a minimum distance from a <br />school, for example. <br />Bendel pointed out that adoption of the proposed <br />ordinance would not be an encouragement to such a <br />business to located within the City, but would rather <br />place specific limitations on such a business since the <br />City cannot legally keep the business out. <br />The Planner agreed. The Planner pointed out that <br />without the ordinance, adult use businesses are <br />essentially unregulated. <br />Ray Hanson asked how the distance between two uses is <br />determined. <br />DeLonais pointed out that Section 903.130 of the <br />Page 6 <br />