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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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"secondary effect" regulations have taken a variety of forms. We will attempt • <br /> in the following paragraphs to focus upon sane of then. <br /> 2. Zoning Regulations <br /> In a chain of decisions starting ng with the Young case noted above and <br /> continuing through the most recent case of City of Renton (Washington) <br /> v. Playtime Theatres, (1986) , the Supreme Court has affirmed the right of <br /> cites to use "locational zoning" ordinances to regulate adult businesses <br /> without infringing on the constitutional rights of the establishments. A <br /> locational zoning ordinance is one where a particular use (eg. adult <br /> bookstore, adult theatre, etc.) is limited to various locations within a <br /> carunuzity. For example, one city (as Detroit did) might choose to prohibit <br /> adult businesses within a 500 foot radius fon another adult business or from <br /> another use such as a church, school or residential district. Alternatively, <br /> a city might choose to restrict such adult businesses to locating within a <br /> particular zone or area of the city - an example would be Boston's famous • <br /> • "combat zone". In either case, so long as adult•businesses are left some <br /> reasonable opportunity to locate in sane area of the city, the restrictions <br /> are viewed simply as conditioning, not prohibiting the activity of the adult <br /> bookstores. A third approach which is being attempted in Ann Arbor, Michigan, <br /> but which has not undergone scrutiny by the Supreme Court is an approach we <br /> will call "apportionment". Unde_r this approach only businesses whose <br /> "principal activity" is sexually oriented material are subjected to <br /> restrictive zoning regulations. "Principal activity" is defined as a use <br /> 111 <br /> which accounts for more than 20 per cent of a business's stock in trade, <br /> display space, floor space or movie display time per month. The land use <br /> theory behind the 20 per cent standard is that the negative impact on business <br /> areas seemed to result only frau those businesses which had a high portion of <br /> their activity in adult entertainment material. <br /> In reviewing the legitimacy of such locational zoning regulations, the courts <br /> have tended to examine the following factors: <br /> a) Can the regulation be justified in relation to sane "substantial" <br /> governmental interest? <br /> b) Dees the regulation unreasonably-limit alternative avenues of <br /> cenmunication? <br /> c) Is there acme rational basis for the regulation other than <br /> suppression of free spee h? <br /> d) What is the predaninant me tine for enactment of the regulation <br /> (one motivating factor is not necessarily determinative) ? <br /> e) Are other potentially blighting businesses regulated in a similar <br /> fashion? <br /> f) Are there adequate findings to support the legislative decision <br /> to regulate? <br /> g) Is there adequate evidence in the public record to support the <br /> findings? <br /> h) is adequate land left available for the use to locate sanewbe_re <br /> else within the city? • <br /> i) If no independent study has been undertaken by the city and the <br /> city relies upon studies conducted by other communities to <br /> identify adverse secondary effects, are the studies "relevant" <br /> to the city's situation? <br />
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