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HomeMy WebLinkAboutOrdinance 509 . . . ~ ORDINANCE NO. 509 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT USES-PRINCIPAL AS DEFINED HEREIN WITHIN ANY ZONING DISTRICT OF THE CITY OF MOUNDS VIEW The city Council of the City of Mounds View does herebY ordain: (Added portions are underscored and deleted portions are shown in brackets.) Section 1. PREAMBLE WHEREAS. the city Council has reviewed and considered the summary of the "report of the Attorney General's Workinq Group on Requlation of Sexually Oriented Businesses". dated June 6, 1989, prepared by Hubert H. Humphrey. III. Attorney General of the State of Minnesota/Olmstead County Planninq Department "Adult Entertainment Report" dated March 2. 1988. and "A 40-Acre Study" prepared bY the st. Paul Division of Planninq in 1987. all of which reports are hereafter collectivelY referred to as "Reports": and WHEREAS. the Reports considered evidence from studies conducted in Minneapolis and st. Paul and in other cities throuqhout the country relatinq to sexuallv oriented businesses: and WHEREAS. the Attorney General's Report. based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with hiqh crime rates and depression of property values." In addi tion. the Attorney General's Workinq Group"...heard testimony that the character of a nei9hborhood can dramaticallY chanqe when there is a concentration of sexuallY oriented businesses adiacent to residential property.": and WHEREAS. the Reports conclude that Adult Uses-princi~al have an impact on the neiqhborhoods surrounding them which is distinct from the impact caused by other commercial uses: and WHEREAS. the Reports conclude that residential neiqhborhoods located within close proximity to adult theaters. bookstores and other Adult Uses-Principal experience increase crime rates (sex- 1 - . . . JIll" Subdivision 2. Application of Development Controls. All proposed industrial, commercial, and residential developments and expansions of existing facilities, except developments where public utili ties and streets have previously been installed and the erection of no more than two detached single-family dwellings are planned, must be reviewed by the City Planning Commission and approved by the City Council, as conforming to this section. The term development as used herein shall mean all construction, public and private improvement, expansion or alteration of facilities and land within the City of Mounds View. Subdivision 3. Development Plan. (1) The owner or developer shall submit for review a development plan which sets forth plans for utility service, surface water drainage consistent with the Local Water Manaaement Plan dated February 12. 1990 subject to subseauent revisions, erosion and sediment control consistent with the Ramsey County Erosion and Sediment Control Handbook (1989) prepared by the Ramsev County Soil and Water Conservation District and subseauent revisions thereto. streets, parking, landscaping, screening and buffering, lighting, setbacks, exterior construction design and materials, trash disposal, construction timetable, and such other matters as the Council may require. (2) The owner or developer shall submit with the development plan an abstract of title, registered property report, or such supporting affidavits or documents that establish ownership or any other parties of interest in the property involved. Subdivision 4. Development Contract. (1) A development contract which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of said land shall be entered into between the developer and the municipality prior to the final approval of any sUbdivision, rezoning, special use permits, license, or any building permits required for the construction, alteration, expansion, or improvement of said land. (2) Before execution of the development contract, the owner of developer shall submit certification from Ramsey County Department of Taxation that all taxes and special assessments due on the property have been paid in full. (3) Said development contract shall include provisions for supervision of details of construction by the city and grant to the City authority to inspect all work performed pursuant to said contract to assure satisfactory performance and completion of the work. . . . related crimes in particular). lowered property values. increased transiency. and decreased stability of ownership: and WHEREAS. the Reports conclude the adverse impacts which Adult- Uses Principal have on surroundinq areas diminish as the distance from the Adult Uses-Principal increases: and WHEREAS. the Reports conclude that studies of other cities have shown that amonq the crimes which tend to increase'either within or in the near vicinity of Adult Uses-Principal are:rapes. prostitution. child molestation. indecent exposure and other lewd and lascivious behavior: and WHEREAS. the Reports, conclude that the city of Phoenix. Arizona study confirmed that the sex crime rate was on the averaqe 500 percent hiqher in areas with sexually oriented businesses: and WHEREAS. the Reports conclude that many members of the public perceive areas within which Adult Uses-Principal" are located as less safe than other areas which do ndt have such uses: and WHEREAS. the Reports conclude that studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable pro~erties when located in proximity to Adult Uses-Principal: and WHEREAS. the Reports conclude that the Indianapolis. Indiana study established that ~rofessional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store: and WHEREAS. the Mounds View city council finds the suburban characteristics of Mounds View are similar to those of the cities cited by the Reports when considerinq the affects of Adult Uses- Principal: and WHEREAS. the Mounds View City council finds. based upon the Reports and the studies cited therein. that Adult Uses-Principal will have secondary effects upon certain preexistinq land uses within the city: and WHEREAS. the Mounds View city council finds that proper planning for the sitinq of Adult Uses-Principal within the city is necessary in order to protect the city's planninq process and the health. safety and welfare of the citizens: WHEREAS. the city's Planninq commission has been working on the updatinq of the city's Comprehensive Plan since 1990 includinq consideration of maior amendments to official controls. includinq 2 . the Zoninq Code. which could affect the siting of Adult Uses- Principal within the city; and WHEREAS. the City of Mounds View wishes to study. and if necessary implement. chanqes to its Comprehensive Plan to provide for the orderly development of the city and finds it in the best interest of the city to take reasonable measures for a reasonable interim period of time to protect the planninq process and the health. safety and welfare of its citizens until appropriate chanqes in the Comprehensive Plan can become effective. WHEREAS. the Mounds View city Council finds that an interim ordinance placing a moratorium on the location of Adult Uses- Princi9al within certain specified distances from churches. residential zoninq district boundaries. schools. and youth facilities is necessary so that the city can conclude its studies and hearinqs relatinq to the amendment of the Comprehensive Plan and the adoption and amendment of official controls. section 2. DEFINITIONS . 1& Adult Uses. Adul t uses include adul t book stores. adul t motion picture theaters. adult mini-motion 9icture theaters. adult massaqe parlors. adult steam room/bathhouse/sauna facilities. adult companionship establishments. adult rap/conversation parlors. adult health/sport clubs. adult cabarets . adult novelty businesses . adult motion picture arcades. adult modelinq studios. adult hotels/motels. adult body paintinq studios. and other premises. enterprises. establishments. businesses or places open to some or all members of the public. at or in which there is an emphasis on the presentation. display. depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of beinq seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. LQl Adult Uses-Principal. The offerinq of qoods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include but are not limited to the followinq: 1. Adult Use - Body paintinq Studio. An establishment or business which provides the service of applyinq paint or other substance. whether transparent or non-transparent. to or in the body of a patron when such bodY is whollY or partially nude in terms of "specified anatomical areas". . h Adult Use - Bookstore. A buildinq or portion of a building sued for the barter. rental or sale of items consistinq of printed matter. pictures. slides. records. audio tape. videotape. or motion picture film if such building or 3 '. . " . . portion of a buildinq is not open to the public generallY but only to one or more classes of the public excludinq any minor by reason of age or if a substantial or siqnificant portion of such items are distinquished or characterized bY an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". h Adult Use - Cabaret. A buildinq or portion of a buildinq used for providinq dancinq or other live entertainment. if such building or portion of a building excludes minors by virtue of age or if such dancinq or other live entertainment is distinquished or characterized by an emphasis on the 't>resentation. display. depiction or description of "specified sexual activities" or "specified anatomical areas". h Adult Use Companionship Establishment. A companionship establishment which excludes minors bY reason of aqe. or which provides the service of engaqinq in or listeninq to conversation. talk or discussion between an employee of the establishment and a customer. if such service is distinquished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". ~ Adult Use - Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of aqe. or which provides the service of enqaqinq in or listeninq to conversation. talk. or discussion. if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". h Adult Use - Health/Sport Club. A health/sport club which excludes minors by reason of aqe. or if such club is distinquished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". ~ Adult Use - Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specificallY excluded from patronaqe and wherein material is, presented which is distinguished or characterized bY an emphasis on matter depicting. describinq or relatinq to "specified sexual activities" or "specified anatomical areas". h Adult Use - Massaqe Parlor. Health Club. A massage parlor or health club which restricts minors bY reason of aqe. and which provides the services of massaqe. if such service is distinquished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". ~ Adult Use - Mini-Motion Picture Theater. A building or portion of a buildinq with a capacity for less than 50 persons used for presentinq material if such building or portion of a 4 . buildinq as prevailinq practice excludes minors by virtue of aqe. or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 10 . Adult Use - Modelinq studio. An establishment whose ma;or business is the provision. to customers. of fiqure models who are so provided with the intent of provided with the intent of providinq sexual stimulation or sexual qratification to such customers and who engaqe in "specified sexual activities" or display "specified anatomical areas" while beinq observed. painted. ~ainted upon. sketched. drawn. sculptured. photoqraphed. or otherwise depicted by such customers. 11. Adult Use - Motion Picture Arcade. Any place which the public is permitted or invited wherein coin or sluq-operated or electronicallY. electrically or mechanically controlled or operated still or motion picture machines. pro; ectors or other image-producing devices are maintained to show imaqes to five or fewer persons per machine at anyone time. and where the imaqes so displayed are distinquished or characterized by an emphasis on depicting or describinq "specified sexual activities" or "specified anatomical areas". . 12. Adult Use - Motion Picture Theater. A buildinq or portion of a buildinq with a capacity of 50 or more persons used for presentinq material if such buildinq or portion of a buildinq as a prevailinq practice excludes minors bY virtue of age or if such material is distinquished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by ~atrons therein. 13. Adult Use - Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are desiqned for sexual stimulation. 14. Adult Use - Sauna. A sauna which excludes minor by reason of aqe. or which provides a steam bath or heat bathinq room used for the purpose of bathinq. relaxation. or reducinq. utilizinq steam of hot air as a cleaning. relaxinq or reducinq aqent. if the service provided by the sauna is distinquished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". . 15. Adult Use - Steam Room/Bathhouse Facility. A buildinq or portion of a building used for providinq a steam bath or heat bathinq room used for the purpose of pleasure. bathing. relaxation. or reducinq. utilizing steam or hot air as a cleaninq. relaxinq or reducing aqent if such buildinq or portion of a building restricts minors by reason of aqe of if the service provided by the steam room/bathhouse facility is 5 .' . . distinquished or characterized bY an emphasis on "specified sexual actiyities" or "specified anatomical areas". ~ Specified Anatomical Areas: ~ Less than completelY and opaquely covered human qenitals. pubic reqion. buttock. anus. or female breastls) below a point immediately above the top of the areola: and ~ Human male qenitals in a discernible turqid state. even if completelY and opaquely covered. lQl Specified Sexual Activities. ~ Actual or simulated sexual intercourse. oral copulation. anal intercourse. oral-anal copulation. bestiality. direct physical stimulation of unclothed qenitals. flaqellation or torture in the context of a sexual relationship. or the use of excretory functions in the context of a sexual relationship. and any of the following sexually-oriented acts or conduct: anilingus. buggery. coprophaqy. coprophilia. cunnilinqus. fellatio. necrophilia. pederasty, pedophilia, piquerism. sapphism, zooerasty: or ~ Clearly depicted human qenitals in the state of sexual stimulation. arousal or tumescence: or ~ Use of human or animal eiaculation. sodomy, oral copulation. coitus. or masturbation: or ~ Fondling or touchinq of nude human qenitals, pubic reqion, buttocks or female breast: or h si tuations invol vinq a person or persons. any of whom are nude. clad in underqarments or in sexually revealing costumes. and who are enqaqed in activities involvinq the flaqellation. torture. fettering. bindinq or other physical restraint of any such person; or ~ Erotic or lewd touchinq, fondlinq or other sexually- oriented contact with an animal bY a human beinq: or ~ Human excretion. urination. menstruation. vaqinal or anal irriqation. section 3. LOCATION Durinq the term of this Ordinance. no Adult Uses-Principal shall be located less than 750 feet from the nearest property line of any land in any residential zone. or any public day care, library. park. playqround or other public recreational facility in 6 . . . any zone. or less than 750 feet from the nearest property line of any reliqious institution. section 4. VIOLATION The ci ty may enforce any provision of this Ordinance by mandamus. injunction or any other appropriate civil remedy in any Court of competent iurisdiction. Section 5. AUTHORITY This Ordinance is adopted 9ursuant to the authority granted to the City in Minnesota Statutes section 462.355. Sub. 4. entitled. "Interim Ordinance". Section 6. SEPARABILITY Every section. provision or 'Part of this Ordinance or any permi t issued pursuant to this Ordinance is declared separable from every other section. provision or 'Part of this Ordinance or any permit issued pursuant to this Ordinance shall be held invalid by a Court of competent iurisdiction. it shall not invalidate any other section. provision. or part thereof. section 7. LENGTH OF TIME This ordinance shall remain in effect for one year from the date of its effective date until such time as said ordinance shall be revoked or otherwise amended. section 8. EFFECTIVE DATE This ordinance shall take effect thirty days (30) after the date of its publication. Read by the City Council of the City of Mounds View this ~ day of April , 1992. Read and passed by the City Council of the City of Mounds View ::ST: 27 day of April '.V n '--- _ . May~ .~ (SEAL) APPROVED AS TO FORM: City Attorney 7