HomeMy WebLinkAbout1515 - ADMIN Ordinance - City Council - 1981/07/06Post-ItTM brand fax transmittal memo 7671
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(THIS ORDINANCE AMENDS THE
ST. LOUIS PARK ZONING ORDINANCE)
ORDINANCE NO. 1515
AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE
RELATED TO ZONING BY ADDING SECTIONS 14-104(74), 14-155
(3)(jj) AND 14-170(2)(gq): ADULT USE
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Policy. The objective of this ordinance is to regulate
the location of lawful adult businesses so as to minimize incompatible
uses of adjoining property. The regulation of adult book stores and
theaters is necessary to minimize their adverse effects on neighborhoods
and minors and to insure that the location of such adult establishments
does not contribute to the blighting or downgrading'of the surrounding
neighborhood.
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(74) Adult Use: Any of the activities and businesses
described below constitute "Adult Uses" which are
subject to the regulations of this ordinance.
(a) Adult Book and Media Store: An establishment
having as a substantial portion of its stock
in trade or stock on display (40%) books,
magazines, films, videotape or other media
which are characterized by their emphasis
on matter depicting, describing, or relating
to "Specified Sexual Activities" or "Specified
Anatomical Areas".
August, 1981
(b) Adult Theater: :An enclosed' building with a
capacity of 50 or more persons used regularly
and routinely for presenting live entertainment
or.motion pictures, -including but not limited to
film and videotape,•having as a -dominant theme
material distinguished or characterized by an
emphasis on matter depicting, describing or
relating to -."Specified Sexual Activities" or -
"Specified Anatomical Areas" for observation
by patrons therein.
(c) Adult Mini Theater:
(1)
An enclosed building with a capacity for
less than 50 persons used for presenting
motion pictures, including but not limited
to film and videotape, having as a dominant
theme material distinguished or characterized
by an emphasis on matter depicting, describing,
or relating to "Specified Sexual Activities"
or "Specified Anatomical Areas".
(ii) Any business or building which presents
motion pictures, including films and
videotapes, having as a dominant theme
material distinguished or characterized
by an emphasis on matter depicting, describing,
or relating to "Specified Sexual Activities"
or "Specified Anatomical Areas", for viewing
on the premises, including but not limited to
private booths, viewing by means of coin
operated or other mechanical devices, and
the viewing of excerpts of motion pictures
offered for sale or rent.
(d) Specified Sexual Activities are any of the following
conditions:
(i) Human genitals in a state of sexual stimulation
or 'arousal.
(ii) Acts or explicit representations of acts or human
masturbation, sexual intercourse or sodomy,
beastiality, oral copulation, or flagellation.
552.3a
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(iii) Fondling or erotic touching of human
genitals, pubic region, buttock, or
female breast.
(iv) Excretory functions as part of or in
connection with any activities set
forth in (i) through (iii) above.
(e) Specified Anatomical Areas are any of the following
conditions:
(i) Less than completely and opaquely covered:
(a) human genitals, pubic region, or pubic
hair; (b) buttock, and (c) female breast
below a point immediately above the top of
the areola; and
(ii) Human male genitals in a discernibly turgid
state, even if opaquely covered.
(Sec. 14-104 amended by Ord. 1515, July 6, 1981, Subsection
(74) added
Section 14-105. Application of this- Ordinance. Except as in this
ordinance specifically provided, no structure shall be erected,
converted, enlarged, reconstructed or altered, and no structure
or land shall be used, for any purpose nor in any manner which is
not in conformity with this ordinance.
Section 14-106. Non -Conforming Uses.
(1)
Any use of lands or structures, lawfully existing upon
the effective date of this ordinance, may be continued
at the size and the manner of operation existing upon
such date except as hereinafter specified.
Nothing in this ordinance shall prevent the placing of
a structure in safe condition when said structure is
declared unsafe by the Director of Inspectional Services.
When any lawful non -forming use of any structure or land
in any district has been changed to a conforming use,
it shall not thereafter be changed to any non -conforming
use.
August, 1981
552.4
and custom seat cover manufacture, excluding
manufacture thereof for resale.
(cc) Taxi terminal.
(:dd) Television and radio stations and transmitting towers.
(ee) Tire and battery sales but not including battery
re-building'or tire recapping.
(ff) Wholesale offices and show rooms.
(gg) Banks and savings institutions.
(hh) Funeral home.
(ii) Theater, not of the drive-in type.
(jj) Adult -uses shall be permitted subject to the
following requirements:
(i)° An adult use shall not be allowed within 1,000
feet measured in a straight line from the buildings
to another existing adult use.
(ii) An adult use shall not be located within 500 feet
measured in a straight line from the building to
any R-1, R-2, R-3, R-4, R -B, or property in the
PUD which is or projected to be residential.
(iii) An adult use shall not be located within 1,000
feet measured in a straight line from the buildings
to an existing school or place of, worship.,
"'(iv) An' adult use shall not sell or dispense non -
intoxicating or intoxicating liquors nor shall
it be located in a building which contains a
business that sells or dispenses non -intoxicating
or intoxicating liquors.
(v) No adult use establishment shall engage in any
activity or conduct or permit any other person
to engage in any activity.or conduct in or about
the adult use establishment which is prohibited by
any ordinance of the City of St. Louis Park, the
laws of the State of Minnesota, or the United
States of America. Nothing,in this ordinance
shall be construed as authorizing or permitting
conduct which is prohibited or regulated by other
statutes or ordinances, including but not limited
to statutes or ordinances prohibiting, the exhibi-
tion, sale or'distribution of obscene material
generally, or'the exhibition, sale or distribution
of specified materials to minors.
August, 1981 595
(vi) No adult use shall be conducted in any manner
that permits the perception or observation from
any property not approved as an adult use of
any materials depicting, describing or relating
to "Specified Sexual Activities" or "Specified
Anatomical Areas", by any visual or auditory
•media, including display, decoration, sign,
show window, sound transmission or other means.
All adult uses shall prominently display a sign
at the entrance and located within two feet of
the door opening device of the adult use establish-
ment or section of the establishment devoted to
adult books or materials which states: "This
business sells or displays material containing
adult themes. Persons under eighteen years of
age shall not enter." Said sign shall have letters
at least 3/0" in height and no more than 2" in
height.
(vii) No person under the age of 18 shall be permitted
on the premises of an adult use establishment.
No person }finder the age of 18 shall be permitted
access to maerial displayed or offered for sale
or rent by an adult use establishment.
(Sec. 14-155(3) amended by Ord. 1515, July 6, 1981, Subsection
(jj added)
Section 14-156. Uses by Special Permit. Within any "B-2" General
Business Use District, no structure or land shall be used for the
following uses except by special permit:
(1) Children's amusement parks, subject to the following
requirements:
(a) No amusement device or stable shall be within one
hundred fifty (150) feet of an "R" District boundary.
(b) No loud speaker or amplification shall be used and no
loud whistles or other noise caused by the operator
shall be permitted which can be clearly distinguished
at the "R" District boundary.
(c) The amusement devices shall not operate after
11:00 p.m.
(d) Ample space shall be provided for off-street parking -
and the surface of said area shall be dust proof.
(e) A fence, wall or screen of shrubs shall be provided
and maintained along the boundary of the property
adjacent to all "R" District boundaries.
August, 1981 595.1
(dd) Laundries.
(ee) Machine shops.
(ff) Metal polishing and plating.
(gg) Musical instruments.
(hh) Nursery.
(ii) Paper products, boxes, bags, envelopes, etc.
(jj) Shoes, boots.
(kk) Sporting equipment.
(11) Stone, marble and granite grinding and cutting.
(mm) Tools, hardware and small metal products.
(nn) Trade school and warehouses.
(oo) Cabinet and carpentry shops, electrical service,
heating, plumbing, upholstery and air conditioning shops.
(pp) Bottling of soft drink or milk or distribution stations.
(qq) Adult uses as specified in Section 14-155(3)(jjj)
(Sec. 14-170(2) amended by Ord. 1515, July 6, 1981, Subsection
(qq) added)
Section 14-171. Uses by Special Permit. Within any "I-1" Industrial
District, no structure or land shall be used for the following uses
except by special permit:
(1) Activities involving the storage and use, but not the actual
manufacturing of products which decompose by detonation.
Materials or products which decompose by detonation include,
but are not limited to the following:
(a) Acetylides.
(b) Azides.
(c) Chlorates.
(d) Dynamite.
August, 1981 610
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Sec. 2. Any person violating the provisions of this ordinance
shall be guilty of a misdemeanor and upon conviction shall be punished
by a fine of not more than $500 or by imprisonment for a period not to
exceed 90 days or both.
Sec. 3. This ordinance shall take effect 15 days after its
publication.
Adopted by the City Council July 6, 1981.
A est: 4
ity Clerk
Reviewed for administration:
ity Manager
Approved as to form and legality:
City ' Attorney
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0 SUN
NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST. LOUIS PARK SUN
924 Excelsior Avenue West Hopkins, Minnnesota
State of Minnesota
County of Hennepin
D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as The St Louis Park Sun and has full
knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in
newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches
(2) Said newspaper is a weekly and is distributed at least once every week (3) Said newspaper has 50%
of its news columns devoted to news of local interest to the community which it purports to serve and does
not wholly duplicate any other publication and is not made up entirely of patents, plate matter and
advertisement (9) Said newspaper is circulated in and near the municipalities which it purports to
serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75%
of its total circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park,
Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin
and it has its known office of issue in the City of Hopkins in said county, established and open during its
regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or persons in its employ and subject to his
direction and control during all such regular business hours and devoted exclusively during such regular
business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue
immediately with the State Historical Society (7) Said newspaper is made available at single or
subscription prices to any person, corporation, partnership or other unincorporated association
requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9)
Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each
January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the
managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a
legal newspaper
He further states on oath that the printed Ordinance No. 1515
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, forOnA successive weeks,
that it was first so published on Wed.. the 1 5
day of July 19 81
and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
kind of type used in the composition and publication of said notice, to wit
abcdefghij kl mnopgrstuvwxyz
Subscribed and sworn to before me this
d„e,i-#7,,,i.
/5 day of 19_1/____
MERIDEL M. HEDBLOM
[NOTARY FUBLIC • MINNESOTA
HENNEPIN COUNTY
L My commission expires July 2, 1986
i
displayed or offered for sale or rent by an adult use establishment
Section 4. The St Louis Park Ordinance Code is hereby amended by ,adding
Section 14-170(2)(gq) 10 read
(qq) Adult uses as specified in Section 14-155()j)
Section 5. This ordinance shall take effect fifteen days after its publication
Adopted by IheCity Council July 6 1981
(s) PHYLLIS W MCQUAID
Mayor
(Official Publication)
ORDINANCE NO 1515
AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE,
RELATED TO ZONING BY ADDING SECTIONS 14-104(74), 14-155 (3) (JJ )
AND 14-170(2)(qq) ADULT USE
THE CITY OF ST LOUIS PARK DOES ORDAIN
Section 1. Polley The objective of this ordinance is to regulate the location
of laxfiil adult businesses so US to minimize incompatible uses of adjoining
properly The regulation of adult book stores and theaters is necessary to
minimize their adverse effects on neighborhoods and minors and to insure
That the location of such ,adult establishments does not contribute to the
blighting or downgrading of the surrounding neighborhood
Section2 The SI Louts Park Ordinance Code is hereby amended by adding
Section 14-104(74) to read
(74) Adult Use Any of the ,activities and businesses described below
constitute Adult Uses which are subject to the regulations of this
ordinance
(a) Adult Book and Media Store An establishment having as a
substantial portion of its stock in trade or stock on display (40%) books
magazines films videotape or other media which are characterized by
their emphasis on matter depicting describing or relating to 'Specified
Sexual Activities or Specified Anatomical Areas
(b) Adult Theater An enclosed building with a capacity of 50 or more
persons used regularly and routinely for presenting live entertainment or
motion pictures including but not limited to film and videotape ha%mg
as a dominant theme material distinguished or characterized by an
emphasis on matter depicting describing or relating to Specified Sexual
Activities or "Specified Anatomical Areas for observation bs patrons
therein
(c) Adult Mini Theater
(i) An enclosed building with a capacity for less than 50 persons
used for presenting motion pictures including but not limited to film
and videotape having as a dominant theme material distinguished or
characterized by un emphasis on matter depicting describing or
relating to Specified Sexual Activities or Specified Anatomical
Areas -
(it) Any business or building which presents motion pictures
including rams and videotapes having as a dominant theme material
distinguished or characterized by an emphasis on matter depicting
describing or relating to 'Specified Sexual Actis ities or ' Specified
Anatomical Areas for viewing on the premises including but not
limited 10 private booths viewing by means of coin operated or other
mechanical devices and the viewing of excerpts of motion pictures
offered for sale or rent
(d) Specified Sexual Activities are any of the folio sing conditions
(f) Human genitals in a state of sexual stimulation or arousal
(11) Acts or explicit representations of acts or human masturbation
sexual intercourse or sodomy beasliality oral copulation or
flagellation
(iii) Fondling or erotic touching of human genitals public regabn
buttock or female breast
(iv) Excretory functions as part of or in connection with any
,activities set forth in (I) through (m) above
(e) Specified Anatomical Areas are any of the follo%ing conditions
(1) Less than completely and opaquely covered (a) human
genitals public region or pubic hair (b) buttock and (c) female
breast below n point immediate above the top of the areola and
(1l) Human male genitals in a discernibly turgid state even if
opaquely covered
Section 3 The St Louis Park Ordinance Code is hereby amended by adding
Section 14155(3) (jj) to read ,
(jj) Adult uses shall be permitted subject to the follpwing require-
ments
(I) An adult use shall not be allowed within 1000 feet measured in a
straight line from the buildings to another existing adult use
(11) An adult use shall not be located within 500 feet measured in a
straight line from the building to any R -I R-2 R-3 R-4 R -B or
property In the PUD which is or projected to be residential
(1(1) An adult use shall not be located within 1 000 feet measured in
a straight line from the buildings to an existing school or place of
worship
(iv) An adult use shall not sell or dispense non -intoxicating or
Intoxicating liquors nor shall it be located in a building which
contains a business that sells or dispense's non -intoxicating or
intoxieating liquors
(v) No adult use establishment shall engage in any activity or
conduct or permit any other person to engage in any activity or
conduct in or about the adult use establishment which is prohibited by
any ordinance of the City of St Louis Park, the laws of the State of
Minnesota or the United States of America Nothing in this ordinance
span be construed as authorizing or permitting conduct which is
prohibited or regulated by other statutes or ordinances Including but
not limited to statutes or ordinances prohibiting the exhibition sale
or distribution of obscene material generally or the exhibition, sale
or distribution of specified materials to minors
(vi) No adult use shall be conducted in any manner that permits the
perception or observation from any property not approved as an
adult use of any materials depicting describing or relating to
"Specified Sexual Activities" or 'Specified Anatomical Areas' by
any visual or auditory media including display decoration sign
show window sound transmission or other means
All adult uses shall prominently display a sign at the entrance and
located within two feet of the door opening device of the adult use
establishment or Section of the establishment devoted to adult books
or materials which states "This business sells or displays material
containing adult themes Persons under eighteen years of age shall
not enter Said sign shall have letters at least 3/8 in height and no
more than 2 In height
(vd)'No person under the age of 18 shall be permitted on the
premises of an adult use establishment
No person under the age of 18 shall be permitted access to material
Attest
(5) EARL E HANSON
City Clerk
Reviewed for administration
(s) JAMES L BRIMEYER
City City Manager
Approved as to form and legality
(s) WAYNE G POPHAM
City Attorney f
(.1x13_15_793.11ALP - -
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