HomeMy WebLinkAbout4.l. Adult Use Moratorium Ordinance Summary for Publication i "` •
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CITY OF ROSEMOUNT
LXECQTIVIs SUb�4'ARY FOR ACTION
CITY COUNCIL MEETING DATE: October 18, 1994
AGENDA ITEM: Adult Use Moratorium AGENDA SECTION:
Ordinance Summary for Publication CONSENT AGENDA
PREPARLD BY: Ron Wasmund AGLNDA ��� �
Community Development Director 1,�, :
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ATTAC�+�NTS: Ordinance No. XV.3 0; APP�D,,.B� �-,��""" ,
Ordinance Summary ���;
The City Council of the City of Rosemount on October 4, 1994 adopted a
moratorium on the siting of adult establishments within any zoning district
of the City of Rosemount. The moratorium gives the City the tirne to study
the issue of adult uses and how they would affect different areas of the
City. Research has shown that these types of establishments can have an
adverse effect on different elements of the City.
A summary of this ordinance has been prepared for publication to save on
the cost of publishing the entire lengthy document. Printed copies of the
entire text of the City Code and this ordinance are available, for sale or
inspection, at the Rosemount City Hall during regular business hours.
RECO�NDED ACTION:A MOTION to authorize publication of the summary for
Ordinance No. XV. 30 . AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF
ADULT USE ESTABLIS�ll�IENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF
ROSEMOUNT; AND DIRECTING A STUDY TO BE CONDUCTED.
COIINCIL ACTION:
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ORDINANCB NO. XV.30
AN ORDINANCE PLACING A MORATORIUM ON TBL SITING OF ADIILT
�STABLIS�TT WITSIN ANY ZONING DISTRICT OF THE CITY OF
ROSEblOUNT; AND DIRSCTING A STUDY TO B]3 CONDIICTED.
TS}3 CITY OF ROSSMODNT DOLS ORDAIN:
Section 1. Background.
1.01 The State Attorney General has prepared a report entitled
"report of the Attorney General's Working Group on
Regulation of Sexually Oriented Businesses, " dated June 6,
1989, prepared by Hubert H, Humphrey, III, Attorney General
of the State of Minnesota/Olmstead County Planning
Department "Adult Entertainment Report" dated March 2, 1988,
and "A 40-Acre Study" prepared by the St. Paul Division of
Planning in 1987, all of which reports are hereafter
, collectively referred to as "Reports. " The Reports
considered evidence from studies conducted in Minneapolis
and St. Paul and in other cities throughout the country
' relating to sexually oriented businesses.
, 1.02 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 high crime rates and depression of property values. "
E i ` In addition, the Attorney General' s Working Groupc : . .heard
� --� testimony that the character of a neighborhood can
� dramatically change when there is a concentration of
� sexually oriented businesses adjacent to residential
� property. ° The report concludes that:
a) adult uses have an impact on the neighborhoods
� surrounding them which is distinct from the impact
I caused by other commercial uses;
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� b) residential neighborhood located within close proximity
# to adult theatexs, bookstares and other adult uses
� experience increase crime rates (sex-related crimes in >
� particular) , lowered property values, increased
+ transiency, and decreased stability of ownership;
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` c) the adverse impacts which adult uses have on
� 'surround'ing areas diminish as the distance from the
� adult uses increases;
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� d? studies of other cities have shown that among the
� crimes which tend to inerease either within or in the
; near vicinity of adult uses are rapes, prostitution,
# child molestation, indecent exposure and other lewd and
� lascivious behavior;
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' - e) the City of Phoenix, Arizona study confirmed that the
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� sex crime rate was on the average 500 percent higher in
� � areas with sexually oriented businesses;
f) many members of the public perceive areas within which
� �- adult uses are located as less safe than other areas
which do not have such uses;
g) studies of other cities have shown that the values of
both commercial and residential properties either are
diminished or fall to appreciate .at the rate of other
� comparable properties when located in proximity to
adult uses; and
h) the Indianapolis, Indiana study established that
professional 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.
1.03 The Rosemount City CounGil finds that suburban
characteristics of Rosemount are similar to those of the
cities cited by the Reports when considering the affects of
adult uses.
1.04 The Rosemount City Council finds, based upon the Reports and
the studies cited therein, that adult uses wi11 have
secondary effects upon certain preexisting land uses within
the City.
� 1.05 The City' s zoning ordinance does not address such adult uses
which have been found by other municipalities to cause
' similar adverse secondary effects.
1.06 The City Council is concerned that the City' s zoning
, ordinance may be inadequate in its scope and in its
� restrictions to accomplish the purpose for which is was
� intended.
1.07 In addition to the proper zoning classification of such
uses, there are a number of significant planning and land
use issues pertaining to the reyulation of such uses,
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including the following:
a. The particular zoning districts in which such uses
should be allowed as either pennitted or
, conditional uses,
� b. The concentration and density of such uses in the
! City and its neighborhoods,
c. The effect of such uses on other uses in the
-;� surrounding area.
1.OS There is a need for a study to be conducted so that the City
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- can adopt a set of comprehensive plans and land use zoning
regulations pertaining to adult establishment uses. Such a
study will address the land use and zoning issues, including
those referenced above.
1.09 There is a need €or an interim ordinance to be adopted for
the purpose of protecting the planning process and the
health, safety, and welfare of the citizens of the City and
to ensure that the City and its citizens retain the benefits
of the City' s comprehensive plan and zoning ordinance until
such a study has been completed. There is a need ta
restrict such uses until such a study had been completed and
any modifications to the City' s zoning and I.and use
regulations are accomplished.
1.10 The Cit� Council had directed that such a study be
undertaken.
1.11 Minnesota Statutes, section 462 .355, subdivision 4 permits
the adoption of interim zoning ordinances during the
planning process .
Section 2 . Definitions .
2 .01 Adult Establishments. An adult establishment is any
establishment in which an adult use compromises more than 10
: , percent of the floor area of the establishment in which it
is located or which compromises more than 20 percent of the
`—' gross receipts of the entire business operation.
2 .02 Adult Use: An adult use is any of the activities and
businesses described below:
a. Adult Use-Body Painting Studio: An establishment or
business which provides the service of applying paints
or other substance, whether transparent or non-
transparent, the body of a patron when such body is
wholly or partially nude in terms of "specified
anatomical areas. °
b. Adult Use-Bookstore: A:building or portion of a
building used for the barter, rental or-sale of items
consisting of printed mater, pictures, slides, records,
audio tapes, videotape, or motion picture film if such
building or portion of a building is not open to the
public generally but only to one or more classes of the
public, excluding any minor by reason of age, and if a
substantial or significant portion of such items are
distinguished and characterized by an emphasis on the
presentation, display, depiction or description of
"specified sexual activities" or "specified anatomical
areas. °
� c. Adult Use-Cabaret: A building or portion of a building
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— used for providing dancing or other live entertainment,
if such building or portion of a building excludes
minors by virtue of age and if such dancing or other
live entertainment is distinguished and charactexized
by an emphasis on the presentation, display, depiction
or description of "specified sexual activities" or
"specified anatomical areas. °
d. Adult Use-Companionship Establishment: A companionship
establishment which excludes minors by reason of age,
and which provides the service of engaging in or
_ listening to conversation, talk or discussion between-
an employee of the establishment and a customer, if
such service is distinguished and characterized by an
emphasis on "specified sexual activities" or "specified
anatomical areas. "
e. Adult Use-Conversation/Rap Parlor: A conversation/rap
parlor which excludes minors by reason of age, and
which provides the services of engaging in or listening
to conversation, talk, or discussion, if such services
is distinguished and characterized by an emphasis on
"specified sexual activities" or °specified anatomical
areas. "
f. Adult Use-Health/Sport C1ub: A health/sport club which
excludes minors by reason of age, if such club is
distinguished and characterized by an emphasis on
-y "specified sexual activity" or "specified anatomical
areas. "
g. Adult Use-Hotel or Motel: Adult hotel or motel means a
hotel or motel from which minors are specifically
excluded from patronage and where material is presented
which is distinguished and characterized by an emphasis
' on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical
areas. °
h. Adult Use-Ma.ssage Parlor, Health Club: A ma.ssage parlor
or health club which restricts minors by reason of age,
and which provides the services of ma.ssage, if such
service is distinguished and characterized by an
emphasis on "specified sexual activities° or "specified
� anatomical areas . "
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� i. Adult Use-Mini-Motion Picture Theater: A building or
portion of a building with a capacity for less than 50
persons used for presenting material if such ma.terial
; is distinguished and characterized by an emphasis on
' matter depicting, describing of relating to "specified
� sexual activities" or "specified anatomical areas . °
j . Adult Use-Modeling Studio: An establishment whose major
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business is the provision, to customers, af figure
models who are so provided with the intent of providing
the sexual stimulation or sexual gratification to such ,
- customers and who engage in "specified sexual
� � activities" or display "specified anatomical areas"
while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted
by such customers.
k. Adult Use-Motion Picture Arcade: Any place to which the
public is penmitted or invited wherein coin or slug-
; operated or electronically, electrically or
mechanically controlled or operated still or motion
picture ma.chines, projectors or other image-producing
devices are ma.intained to show images to five or fewer
� gersons per machine at any one time, and where the
ima.ges so displayed are distinguished and characterized
by an emphasis on depicting or describing "specified
sexual activities" or "specified anatomical areas ."
l. Adult Use-Motion Picture Theater: A building of portion
� of a building with a capacity of 50 or ore person used
for presenting material if such building or portion of
a building as a prevailing practice excludes minors be
reason of age or if such material is distinguished ar
characterized by an emphasis on "specified sexual
� : activities° or "specified anatomical areas" for
� observation by patrons therein.
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' m. Adult Use-Novelty' Business: A business which has as a
principal activity the sale of devices which stimulate
; human genitals or devices which are designed for sexual ,
stimulation.
n. Adult Use-Sauna: A sauna which excludes minors by
� reason of age, and which provides a steam bath or heat
bathing room used for the purpose of pleasure, bathing,
relaxa.tion, or reducing, utilizing steam or hot air as
� a cleaning, relaxing or reducing agent if such building
or portion of a building restricts minors by reason of
age and if the service provided by the steam
room/bathhouse facility is distinguished and
' characterized by an emphasis on °specified sexual
activities" or specified anatomical areas . "
o. Adult Use-Steam Room/Bathhouse Facility: A building or
portion of a building used for providing a steam bath
or heat bathing room used for the purpose of pleasure,
bathing, relaxation, or reducing, utilizing steam or
' hot air as a cleaning; relaxing or reducing agent if
E such building or portion of a building'restricts minors
; : by reason of age and if the service provided by the
steam room/bathhouse is distinguished and characterized
by an emphasis on "specified sexual activities° or
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—. "specif ied anatomi.cal areas. °
� 2 .03 Specified Anatomical Area
a. Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female
breast (s) below a point immediately above the top of
the areola; and
b. Human male genitals in a discernable turgid state; even
if completely and opaquel�r covered.
2 .04 Specified Sexual Activities.
a. Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral-anal copulation,
bestiality, direct physical stimulation of unclothed
genitals, flagellation 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 se�ally-oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus,
fellation, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
b. Clearly depicted human genitals in the state of sexual
� ; stimulation, arousal or tumescence; or
-�-� c. Use of human or animal ejaculation, sodomy, oral
; copulation, coitus, or masturbation; or
d. Fondling or touching of nude human genitals, public
regian, buttocks, of female breast (s) ; or
e. Situations involving a person or persons, any of whom
' are nude, clad in undergarments or in sexually
revealing costumes, and who are engaged in activities
involving the flagellation, torture, fettering,
binding or other physical restraint of any such
persons; or
f. Erotic or lewd touching, fondling or other sexually
oriented contact with an animal by a human being; or
g. Human excretion, urination, menstruation, vaginal or
anal irrigation.
3 .01 A study is authorized to be conducted by City staff to
determine how adult establishment uses should be regulated
within the City. The scope of the study should include, but
is not limited to, the following:
a. the particular zoning districts in which adult
establishments should be allowed as either permitted or
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- conditional uses;
b. the density and concentration of such uses;
c. the effect of such uses on other uses in the
surrounding area.
3 .02 Upon completion of the study, the matter is to be considered
by the Planning Commission for its review and recommendation
to the City Council .
3 .03 A moratorium on the development of location of adult
establishments is adopted pending completion of the study
and the adoption of any amendments to the City's zoning
ordinance. During the term of this ordinance, no adult
establishment shall be located less than 1000 feet from the
nearest property line of any land in a residential zone, or
any public day care, library, park, religious institution,
playground` or other public recreational facility in any
zoning district.
Section 4. Enforcement.
The City may enforce any provision of this ordinance by
ma.ndamus, injunction or any other appropriate civil remedy
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- in any court of competent jurisdiction.
Section 5 . Separability.
Every section, provision or part of this ordinance is
declared separable from every section, provision or part af
this ordinance. If any section, provision, or part of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction, such judgement shall not invalidate any other
' section; provision, or part if this ordinance.
Section 6. Duration.
This ordinance shall rema.in in effect for one year from the
date of its effective date or until such earlier time as
said ordinance shall be revoked or otherwise amended.
Section 7. Effective Date.
This ordinance shall take effect the day after the date o€
its publication.
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Adopted by the City Council of the City of Rosemount this
- da.y of , 1994.
Ma.yor
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ATTEST:
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� Susan Walsh, City Clerk
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' Published in the Rosemount Town Pages this day of
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. ORD INANCE N'tT�SR XV.3 0
�i . CITY OF ROS�OIINT
DAROTA COUNTY, MINNSSOTA
AN ORDINANCE PLACING A MORATORIIIM ON TSE SITING OF ADIILT
FSTABLISI�2TTS �PITSIN ANY ZONING DISTRICT OF T8R CITY OF
ROSEMOIINT; AND DIRI�CTING A STQDY TO BE CONDIICTED
The City Council of the City of Rosemount, Minnesota ordains as
foll.ows:
S'UN�+IARY OF CONTENT OF ORDINANCE XY.30
The City Council of the City of Rosemount on October 4, 1994
adopted a moratorium on the siting of adult establishments within
any zoning district of the City of-Rosemount. The moratorium
gives the city the time to study the issue of adult uses and how
they would affect different areas of the city. Research has
shown that these types of establishments can have an adverse
effect on different elements of the city. Printed copies of the
entire text of the City Code and this ordinance are available,
for sale or inspection, at the Rosemount City Hall during regular
business hours.
;, , � SECTION 1 (BACRGROUND) This section gives information on
- previous studies concerning this subject and how the City of
—� Rosemount stands to related factors concerning this issue. The
need for a moratorium such as this is also shown in this section.
SECTION 2 {DEFINITIONS) This section defines the language that
is used in the ordinance.
SECT=ON 3 (NEE�D FOR A MORATOR=UM AND ST[TDY} This section
authorizes City staff to determine how adult use establishments
should be regulated in the City. It also establishes the
moratorium period and states that the Planning Commission will
reconsider and make recommendations to the City Couneil once the
study by City staff is complete.
j SECTION 4 (ENFORCIIKENT) This section authorizes ways for the
' City to enforce this ordinance.
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SECTION 5 (SEPAR.ABILITY) This section states that all sections
in this ordinance are separate and if any one section is declared
' or judged to be invalid all other sections shall no� be
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invalidated.
SECTION 6 (DURATION) This section establishes the duration of
; this moratorium at one year from the date of its effective date.
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SFCT=ON 7 (EFFECTIVE DATE�) This section sets the effective date
' � as the day after its publication.
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- - Adopted this day of , 1994.
,CITY OF ROS]3bt0�'N'r
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� P.B. McMenomy, Mayor
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; ATT]'sST:
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Susan Walsh, City Clerk
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Published in the Rosemount Town Pages this day of
, 19
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