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• <br /> • community seeks to prevent by prohibiting multiple-use businesses before enacting <br /> this type of ordinance. i <br /> 4. Reauirinq Existing Businesses to Comply with New Zoning <br /> Zoning ordinances can require existing sexually-oriented businesses to close their <br /> operations provided they do not foreclose the operation of such businesses ih new <br /> 1locations. Under such provisions, an existing business is allowed to remain at its <br /> _ , present location, even though it is a non-conforming use, for a limited period. <br /> 1 The Minnesota Supreme Court has explained the theory this way: <br /> The theory behind this legislative device is that the useful life of the <br /> nonconforming use corresponds roughly to the amortization period, so that <br /> the owner is not deprived of his property until the end of its useful life. In <br /> addition, the monopoly position granted during the amortization period <br /> theoretically provides the owner with compensation for the loss of some <br /> property interest, since the period specified rarely corresponds precisely to <br /> • the useful life of any particular structure constituting the nonconforming use. • <br /> 1 Naegele Outdoor Advertising Co. v. Village of Minnetonka, 162 N.W.2d 206, 213 (Minn. <br /> 1968). <br /> { Such provisions applied to sexually oriented businesses have been said to be <br /> "uniformly upheld." Dumas v. City of Dallas, 548 F. Supp. 1061, 1071 (N.D. Tex. 1986), <br /> aff'd, FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298 (5th Cir. 1988) (citing cases). <br /> As detailed in the first section of this report (pp. 6-15), there are significant <br /> secondary impacts upon communities related to the location of sexually oriented <br /> businesses. These impacts are intensified when sexually oriented businesses are <br /> located in residential areas or near other sensitive uses and when sexually oriented <br /> businesses are concentrated near each other or near alcohol oriented businesses. The <br /> Working Group believes that evidence from studies such as those described in the first <br /> section of this report and anecdotal evidence from neighborhood residents and police <br /> .] <br /> -40- <br />