09/27/1993 Council Minutes (2) - Laserfiche WebLink

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1 1 1 161 COUNCIL MEETING SEPTEMBER 27, 1993 and also by the First Amendment to the Constitution. The City is not allowed to regulate the content of adult uses but their secondary impact can be regulated to minimize the negative impact that might result from the adult uses. The Planning and Zoning Board has held two (2) public hearings on the proposed ordinances and a report has been prepared by Northwest Associated Consultants, Inc. and the Planning and Zoning Board did pass a resolution stating that there is a need for controls of adult uses in the City. The result of this work is a proposed Zoning Ordinance amendment and a licensing ordinance. The Zoning Ordinance defines what adult activities are and sets out and regulates on a separate basis accessory uses and where they can be located. The Supreme Court has stated that an "opportunity area" for adult uses must be provided and that "opportunity area" must constitute five percent (5%) of the City. An extensive analysis of the City was conducted resulting in the conclusion that there will be a 300 foot separation from all residential uses, other adult uses or certain activities such as day care centers, liquor establishments, parks or other activities where minors may be involved. The 300 foot separation represents a slightly higher threshold than the recommended five percent (5%). The second ordinance deals directly with the operation of the adult uses and primarily focuses on preventing criminal activity that may take place. It also gives the City a method to terminate the activity through the licensing procedure. Council Member Bergeson asked if a number higher than the 300 foot limit would be hard to defend? Mr. Licht said in his opinion, a higher limit would open the City to a challenge of the ordinance. He noted that he has tried to minimize the areas for challenge and tried to put in criteria and followed all the guidelines to keep challenges to the lowest possible threshold. Council Member Kuether asked who would be responsible to determine if the criteria is met? Mr. Licht explained that the ordinance only deals with retail sales and not services. Retail sales is a criteria that is easier to measure. The Zoning Administrator is responsible to check to see that the criteria is met and this has not become an issue. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 93 - 15 Making Provisions for the Opportunity as Well as the Control of Adult Use Activities. Council Member Neal seconded the motion. Roll call vote: Bergeson, aye; Elliott, aye; Kuether, aye; Neal, aye; Reinert, aye. The motion carried unanimously. PAGE 3