HomeMy WebLinkAbout6.d. Adult Use Moratorium S
. Gity of Rosemount
Executive Summary for Action
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City Couacil Meetiag Date: October 4�. 1994
Agenda Item: Adult Use Moratorium Agenda Sectioa:
NEW BUSINESS
Prepared By: Ron Wasmund Ageada No:
Community Development �T�� # �
Director
Attachmeatse Moratorium Ordinance Approved By: -
The City of Rosemount currently has loose regulation governing
adult entertainment, uses, and sale of adult materials. In order
for us to determine the most appropriate zoning districts and
conditions for the permitting and regulation of sexually oriented
adult uses we must conduct a study. The study will determine the
effects of such uses on property values, adjacent land uses and
public health and safety.
Other studies have shown that such uses do have an impact on
neighborhoods surrounding them; residential neighborhoods located
within close proximity do have lower property values and less
stability of ownership; and higher crime rates, including rape and
other obscene and lustful behavior.
To insure that we are not presented with a request that may present
challenges for us, staff is suggesting that we adopt an ordinance
establishing a moratorium. -The ordinance will place a moratorium
on the siting of adult use establishments within any zoning
district of the City of Rosemount and direct the study to be
completed.
The moratorium will be an interim ordinance for a period not to
exceed eighteen (18) months or until the study is complete
whichever is less. The study will be conducted by staff and legal
counsel . Results of the study will be a public document.
Recoamnended Action: A MOTION to adopt AN ORDINANCE PLACING A
MORATORIUM ON THE SITING OF ADULT USE ESTABLISHMENT WITHIN ANY
ZONING DISTRTCT OF THE CITY OF ROSEMOUNT; AND DIRECTING A STUDY
TO BE CONDUCTED.
City Council Actioa:
t 0/04/94.003
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ORDINANCE NO. ��
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AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADIILT
ESTABLISI�tENT WITBIN ANY ZONING DISTRICT OF TSE CITY OF
ROSEMOUNT; AND DIRECTING A STUDY TO BT CONDIICTBD.
THE CITY OF ROSEMOUNT DOES ORDAIN: I
Section 1. Background: ,
1.01 The State Attorney General has prepared a xeport 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, 1985,
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. "
In addition, the Attorney General' s' Working Group: . . .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
caused by other commercial uses;
b) residential neighborhood located within close proximity
to adult theaters, bookstores and other adult .uses
experience increase crime xates _ (sex-related crimes in
particular) , lowered property values, inereased
transiency, and decreased stability of ownership;
' c)- the adverse impacts which adult uses have on
surrounding areas diminish as the distance from the
adult uses increases;
d) studies of other cities have shown that among the
crimes which tend .to increase either within or in the
near vicinity of adult uses are rapes, prostitution,
child molestation, indecent exposure and other lewd and
lascivious behavior;
e) the Ci�y of Phoenix, Arizona study confirmed that the
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I 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 Council 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 will 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 regulation of such uses,
including the following:
a. The particular zoning districts in which such uses
should be allowed as either permitted or
conditional uses,
b. The concentration and density of such uses in the
City and its neighborhoods,
c. The effect of such uses on othex uses in the
surrounding area.
1. 08 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 for 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 to
restrict such uses until such a study had been completed and
any modifications to the City' s zoning and land use
regulations are accomplished.
1.10 The City 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 filrn 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 characterized
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 Club: A health/sport club which
excludes minors by reason of age, if such club is
distinguished and characterized by an emphasis on
"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-Massage Parlor, Health Club: A massage parlor
or health club which restricts minors by reason of age,
and which provides the services of massage, if such
service is distinguished and characterized by an
emphasis on °specified sexual activities" or ��specified
anatomical areas. "
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 material
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, of figure
models who are so provided with the intent of providing
the sexual stimulation or sexual gratification to such
custorners 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. Adu1t Use-Motion Picture Arcade: Any place to which the
public is permitted or invited wherein coin or slug-
operated or electronically, electrically or :
mechanically controlled or operated still or motion
picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer
persons per ma.chine at any one time, and where the
images 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 orp1ore person used
for presenting material if such building or portion of
a building as a prevailing practice excludes minors b+�{
reason of age or if such material is distinguished or
characterized by an emphasis on "specified sexual
activities° or "specified anatomical areas" for
observation by patrons therein.
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,
relaxation, 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
such building or portion of a building restricts minors
by reason of age and if the serviae provided by the
steam room/bathhouse is distinguished and characterized
by an emphasis on °specified sexual activities° or
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"specified anatomical 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 opaquely 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 sexually-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 anima.l ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
d. Fondling or touching of nude human genitals, public
region, 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 sstablishment 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 fee� 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
mandamus, injunction or any other appropriate civil remedy '
in any court of competent jurisdiction.
Section 5 . Separability.
Every section, provision or part of this ordinance is
declared separable from evexy section, provision or part of
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 remain 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 of
its publication.
Adopted by the City Council of the City of Rosemount this
day of , 1994.
S
Ma.yor
ATTEST:
City Clerk