§ 117-360. Adult uses.

(a)

Purpose. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.

(b)

Generally. Adult uses as defined in this chapter shall be subject to the following general provisions:

(1)

Activities classified as obscene are not permitted and are prohibited.

(2)

Adult uses, either principal or accessory, shall be prohibited from locating in any building that is also utilized for residential purposes.

(3)

Adult uses, either principal or accessory, shall be prohibited from locating in any place that is also used to dispense or consume alcoholic beverages.

(4)

An adult use that does not qualify as an accessory use pursuant to subsection (d)(1) of this section, shall be classified as an adult use - principal.

(c)

Adult uses - principal.

(1)

Adult use - principal shall be located at least 1,000 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use - principal is located to the property line of:

a.

Residentially zoned property;

b.

A licensed day care center;

c.

A public or private educational facility classified as an elementary, junior high or senior high;

d.

A public library;

e.

A public park;

f.

Another adult use - principal;

g.

An on-sale liquor establishment; or

h.

Any church or church related organization.

(2)

No adult use - principal shall be located in the same building or upon the same property as another adult use - principal. This limitation does not apply to any business or establishment that contains more than one adult use - principal as of December 16, 1990; any such business or establishment that is required to terminate its location pursuant to this section is not prohibited from operating the same adult uses - principal that were in existence as of December 16, 1990, at any new location in the city where adult uses - principal are otherwise lawful under this Code.

(3)

Adult use - principal shall adhere to the following signing regulations.

a.

Sign messages shall be generic in nature and shall only identify the type of business that is being conducted.

b.

Sign messages shall not contain material classified as advertising.

c.

Signs shall comply with the requirements of size and number for the district in which they are located.

(4)

Adult use - principal shall be limited to 7:00 a.m. to 12:00 midnight for its hours of operation. A differing time schedule may be approved by the zoning administrator, subject to council appeal, if it can be satisfactorily demonstrated by the operator to the city that extended operational hours will:

a.

Not adversely impact or affect uses or activities within 1,000 feet.

b.

Will not result in increased policing and related service calls.

c.

Is critical to the operation of the business.

(d)

Adult uses - accessory.

(1)

Adult use - accessory shall:

a.

Comprise no more than ten percent of the floor area of the establishment in which it is located.

b.

Comprise no more than 20 percent of the gross receipts of the entire business operation.

c.

Not involve or include any activity except the sale or rental of merchandise.

(2)

Adult use - accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:

a.

Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.

b.

Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

c.

Other use. Adult uses - accessory not specifically cited shall comply with the intent of this section subject to the approval of the zoning administrator.

(3)

Adult use - accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.

(e)

Nonconforming adult use - principal or accessory. Adult uses which are classified as legal nonconforming uses may continue in accordance with the provisions of this chapter, except that any such nonconforming use shall be terminated and become illegal on and after January 31, 1992. To the extent possible, the city shall attempt to identify all such uses which become classified as nonconforming under the provisions of this subdivision and shall notify the property owners and operators of such uses in writing of the change in status and the terms and conditions which apply. The owner of any property on which an adult use is located may apply to the council for an extension of the termination date. Any such application shall be in writing and be received by the city no later than December 31, 1991. Failure to submit a timely extension application shall constitute a waiver of the right to request an extension. The council may grant such an extension if upon the council's determination, the applicant demonstrates that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the council may consider any factor relevant to the issue, including but not limited to:

(1)

The degree or magnitude of threat to the public health, safety and general welfare posed by the secondary impacts of the operation.

(2)

The length of time that the adult use has been operating.

(3)

The ease by which the property could be converted to a conforming use.

(4)

The nature and character of the surrounding neighborhood.

(5)

The value and condition of the improvements on the property.

(6)

The amount of the applicant's investment in the business.

(7)

The amount of investment already realized.

(8)

The cost of relocating the adult use.

(Code 1978, § 9.11.13; Ord. No. 90-7, 4-24-1990; Ord. No. 90-8, 5-8-1990; Ord. No. 90-9, 5-22-1990; Ord. No. 90-10, 6-26-1990; Ord. No. 91-17, 12-23-1991; Ord. No. 92-09, 7-13-1992; Ord. No. 03-30, 9-15-2003)

State law reference

Adult establishments, Minn. Stats. § 617.242.