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04-03-1996
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04-03-1996
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MV City Council
City Council Document Type
City Council Packets
Date
4/3/1996
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• <br /> injurieas-te-nearby-preperties;-and-that-the-spirit-and-intent-ef <br /> • the-erdinanee-will-be-ebserved;-that-the-prepesed-ase-will-net <br /> enlarge-er-en€enrage-the-develepment-of-a-uskid-rew=-area;-that-the <br /> establishment-ef-an-additienal-use-ef-this-type-in-the-area-will <br /> • net-be-sentrary-te-any-pregram-ef-neighberheed-senservatien-er <br /> imprevement;-either-residential-er-nen-residential;-and-that-all <br /> appl4eable-regalat4ens-ef-th4s-erdinanee-will-be-ebservee <br /> Lc_l The adult bookstore shall be located at least 400 radial feet from <br /> any "protected use", defined as: a building in which a majority of <br /> floor space is used for residential purposes; a day care center <br /> where such day care center is a principal use; a house of worship; <br /> a public library; a school (public, parochial or private <br /> elementary, junior high or high school ) ; a public regional park or <br /> parkway, public park, public recreation center or public <br /> specialized recreation facility as identified in the parks and <br /> recreation element of the Saint Paul comprehensive plan; a fire <br /> station; a community residential facility.; a mission or a <br /> hotel/motel . The distance shall be measured in a straight line <br /> from the closest point of the property line of the building in <br /> which the adult bookstore 'is located to the closest point of the <br /> property line of the building in which is located an aforementioned <br /> protected use. <br /> (d) There-shall-be-ne-aeeess-frem-the-building-in-whieh-the-use-is <br /> leeated-te-the-alley-er-te-residentially-zoned-property: <br /> Conditions b and/or c may be waived by the planning commission if <br /> • the person applying for the waiver shall file with the planning <br /> • administrator a consent petition which indicates approval of the <br /> proposed adult bookstore by 90 percent of the property owners <br /> within 800 radial feet of the lot on which the use would be <br /> located; the planning commission, in considering such a waiver, <br /> shall make the following findings: that the proposed use will not <br /> be contrary to the public interest or injurious to nearby • <br /> properties, and that the spirit and intent of the ordinance will be <br /> observed; that the proposed use will not enlarge or encourage the <br /> development of a "skidrow" area: that the establishment of an <br /> additional use of this type in the area will not be contrary to any <br /> . program of neighborhood conservation or improvement, either <br /> residential or non-residential : and that all applicable regulations <br /> of this ordinaries will be observed. - - - <br /> (e) All signs shall comply with chapter 66 of the zoning code and with <br /> chapters 274 and 275 of the Saint Paul Legislative Code. <br /> No person shall engage in any activity or conduct or permit any <br /> other person to engage in any activity or conduct in the adult <br /> bookstore which is prohibited by any ordinance of the City of Saint <br /> Paul , the laws of the State of Minnesota, or the United States of <br /> America. Nothing in this ordinance shall be construed as <br /> authorizing or permitting conduct which is prohibited or regulated <br /> by other statutes or ordinances, including but not limited to <br /> statutes or ordinances prohibiting the exhibition, sale or <br /> • distribution of obscene material generally, or the exhibition, sale <br /> or distribution of specified materials to minors. No obscene work <br /> 8 <br /> I 1 - • r_ t/ <br />
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