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North Carolina's provision has been tested in federal court and upheld <br /> as constitutional. <br /> 7. Amount of Land Available for New Adult Uses S <br /> EXPLANATION: The substitute amendment makes available the following <br /> amount of land for new adult uses in Saint Paul: <br /> o Outside of Downtown: 2077 acres (6.3% of all non-downtown land) <br /> (B-3, I-1, 1-2) <br /> o Downtown: 100 acres (20.4% of all downtown land) <br /> (B-4, B-S) <br /> o Total: 2177 acres (6.5% of all city land) <br /> Acreage calculations are based on all developed and vacant land, <br /> including streets and alleys but excluding lakes and rivers. <br /> Percentages were calculated using the following figures: <br /> o Area Outside of Downtown: 32,922 acres <br /> o Downtown Area: 490 acres <br /> o Total Area: 33,412 acres <br /> The following is an estimate of the maximum number of new adult uses <br /> that could locate in Saint Paul on the land available for adult <br /> entertainment: • <br /> o Absolute Site Capacity: 44 <br /> o Relative Site Capacity: 28 <br /> • <br /> In the above calculations, "absolute site capacity" refers to the number <br /> of adult establishments that could fit on the land within the <br /> limitations of the substitute amendment, calculated without regard for <br /> existing infrastructure, existing development, or suitability of land <br /> for development. In contrast, "relative site capacity" refers to the <br /> numberofadult establishments -that-could -be located on existing street - - - - <br /> frontage, calculated without regard for existing development or <br /> suitability of land for development. <br /> RATIONALE: The City Attorney has advised that the proposed ordinance <br /> adhere to three guidelines. First, more than 5 percent of the city's <br /> land should be available for adult uses. This figure is a useful <br /> guideline because the City of Renton, Washington has a zoning ordinance <br /> limiting adult uses to 5 percent of its land mass. This ordinance has <br /> been upheld as constitutional by the United States Supreme Court. <br /> Secondly, the quality;of the land is also important--a significant <br /> amount of the available land should be developable. Finally, there <br /> should be enough land to accommodate expected future adult business <br /> development. <br /> 8 <br />