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Home My WebLink About94-2008 - ADMIN Ordinance - City Council - 1994/11/07r ORDINANCE NO. 94-2008 AN EMERGENCY ORDINANCE PLACING A MORATORIUM ON THE ESTABLISHMENT, DEVELOPMENT, LOCATION OR RELOCATION OF ADULT-ORIENTED BUSINESSES IN THE CITY OF ST. LOUIS PARK AND DIRECTING THAT A STUDY BE CONDUCTED THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Preamble 1.01 On December 7, 1992, the City Council adopted Ordinance No. 92-1902 which became effective on December 31, 1992 ("Zoning Ordinance"). The Zoning Ordinance regulates adult uses in the City and allow such uses to be located in the I-0 zoning district, subject to certain regulations. 1.02 Since the current Zoning Ordinance became effective on December 31, 1992, adult use ordinances in other Minnesota cities have been challenged. 1.03 The cities of Hopkins and Minnetonka have adopted interim moratoria restricting adult uses. The effect of the Hopkins and Minnetonka interim moratoria could result in the location of additional adult uses in St. Louis Park. 1.04 The City Council finds, for the reasons stated below, that a study should be conducted to determine whether additional zoning restrictions should be placed on adult uses within the City, and to determine whether the current Zoning Ordinance should be modified. 1.05 The City Council finds it necessary to adopt an interim moratorium on adult uses as authorized by Minnesota Statutes Section 462.355, Subd. 4 in order to prevent the location or relocation of any adult uses in the City while this study is pending, to protect against the adverse secondary effects on neighborhoods surrounding adult uses and to protect the planning process, 1.06 This interim moratorium must be adopted by emergency ordinance in order to be effective immediately. If the normal ordinance process were used alone, a period of approximately sixty (60) days would elapse before the ordinance could become effective. During this significant time gap actions could be taken to prejudice the planning process. 1.07 The St. Louis Park City Charter, Section 3.06 permits the City Council to adopt , emergency ordinances for the immediate preservation of the public peace, health, morals, safety or welfare of the citizens of St. Louis Park. Moreover, emergency ordinances which 421/2206242311x/194 preserve the public peace, health, morals, safety or welfare serve a substantial government interest. 1.08 The City Council finds that the Hopkins and Minnetonka moratoria restricting adult uses pose a significant risk that adult uses which may have located in those suburbs may instead locate in St. Louis Park resulting in a disproportionate dispersion of adult uses in St. Louis Park. 1.09 The City Council finds that a disproportionate dispersion of adult uses would threaten the public peace, health, morals, safety or welfare of the citizens of SL Louis Park by increasing the adverse secondary effects caused by adult uses. 1.10 The City Council has a substantial government interest in preserving the public peace, health, morals or welfare of the citizens of St. Louis Park, and accordingly, the City Council declares that an emergency exists justifying the adoption of this emergency ordinance. Section 2. Planning and Zoning Study: Moratorium 2.01 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. The Report considered evidence from studies conducted in Minneapolis and Si Paul and in other cities throughout the country relating to sexually oriented businesses. 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 hnpact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b. residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; c. the adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult use 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. 42112206242311!1/94 prostitution, child molestation, indecent exposure and other lewd and lascivious behavior, e. the City of Phoenix, Arizona study confirmed that the 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; S. 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 properties when located in proximity to adult uses; 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. the adverse impacts of adult uses are exacerbated when the uses are located near each other; and j• the presence of liquor establishments in the immediate vicinity of adult uses also compounds the adverse impacts on the neighborhood. 2.02 The City of St. Louis Park has characteristics that are similar to the cities cited in the reports discussed above. Based on those reports, the City Council finds that adult uses can cause or are associated with adverse secondary effects upon pre-existing land uses. a. In jty of Renton v. Plavtime Theatres. Inc„ 475 US 41, 51, 106 S.Ct. 925, 931, 89 L.Ed.2d 29 (1986), the United States Supreme Court found that a city may rely on the experiences of other cities to determine whether certain businesses have adverse secondary effects. b. In ILO Investments. Itxc., 25 F.3d. 1413, 1418 (8th Cir. 1994), the court found that it was permissible for the City of Rochester to rely on studies conducted in Indianapolis, St. Paul and Phoenix. 2.03 There is 'a need for a study to be conducted so that the City can decide whether to amend its existing regulations pertaining to adult use. The study will address the land use and zoning Issues associated with such issues. The study shall be conducted by City staff and the City Attorney to determine how adult uses should be regulated in the City. The scope of the study should include, but not be limited to, the following: r 421/220624n l t11A4 a. What businesses, activities, establishments, services, materials, entertainment products and recreation constitutes or should be regulated as an adult use. b. The particular zoning districts'in which adult use should be allowed as either permitted or conditional uses. c. The concentration and density of such uses in the City and its neighborhood. d. The effect of such uses on other uses in the surrounding area. e. The potential impact on St. Louis Park of zoning restriction in contiguous cities on adult-oriented businesses. f. Whether zoning regulations on adult-oriented businesses should be coordinated, consistent or compatible with the municipalities contiguous to St. Louis Park. g. Legal considerations. 2.04 There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process. retaining the benefits of the City's comprehensive plan, preventing the adverse secondary effects of adult uses and protecting the health, safety, and welfare of the citizens of the City until a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 2.05 Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 2.06 (a) Except as provided in (c) below, no adult use as defined in Zoning Ordinance Section 14:5-3D(1) shall be established, developed, located or relocated, enlarged or expanded pending completion of the study referred to in Section 2.03 of this Ordinance and the adoption of any subsequent amendments to the City Zoning Ordinance. (b) This moratorium shall apply to adult uses as defined in the Zoning Ordinance Section 14:5-3D(1) regardless of the percentage of merchandise sold or floor space devoted to the sale of product or services distinguished by an emphasis on "Speed Sexual Activities" or "Specified Anatomical Areas" as those terms are defined in Zoning Ordinance Section 14:5-3D(1)d. (c) Any activity or business included in (a) and (b) above shall be permitted in the I-0 District subject to the conditions set forth in Zoning Ordinance Section 14:5-7.3(c)(4). 400/1407556511(1194 r (d) The Zoning Administrator shall determine whether an establishment, business or service is an adult use for the purpose of this moratorium. The decision of the Zoning Administrator may be appeals pursuant to Zoning Ordinance Section 14:2-2 and 14:8-1.0(A). Section 3. 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 4. Sevarability. Every section, provision or part of this Ordinance is declared separate from every other section, provision or part of this ordinance. If any section, provision or part of this Ordinance is adjudicated to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this Ordinance. Section 5. Duration. r This ordinance shall be effective immediately upon adoption and shall terminate on the 61st day after its adoption. Adopted by the City Coundl of the City of St. Louis Park on this 7th day of ' NovPmher ,1994. ' Reviewed for Admin. tv ,64,,,A,J Lyi Banks, Mayor Approved as to form and execution: 40Q/1407556511l1/94 • STATE OF MINNESOTA) SUN PUBUCA11ONS SutQmart &nrt� 9rFSetr AFFIDAVIT OF PUBLICATION ss. COUNTY OF HENNEPIN) Donald W. T h u r l o w , being duly sworn on an oath says that he/she is the publisher or authonzed agent and employee of the publisher of the newspaper known as Sun -Sailors are stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B)Thepnnted Ordinance No. 94-2008 ,and has full knowledge of the facts which which is attached was cut from the columns of said newspaper, and was pnnted and published once each week, for one successive weeks, it was first published Wednesday the16 day of thereafter pnnted and published on every to and including Nov . , 19 94,and was , the day of ,19 and pnnted below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice Acknowledged before me on this abcdefghijklmnopqrst BY TITLE Publisher 16 day of November 1994 Nota Public MERI(1EL :.1 HECBLON; u NOTARY PUBLIC MINNESOTA kV HENNEPIN COUNTY 40* " My Commasion Expires Juy 16 1998 RATE INFORMATION ®west classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 1 70 per line $ 1 70 per line $ 960 per line City of St. Louis Park_ ,r (Official Publication) SUMMARY:-, ORINANCE NO. 94-2008 r • AN EMERGENCY ORDINANCE PLACING A MORATORIUMON THE ESTABLISHMENT, DEVELOPMENT; LOCATION OR RELOCATION OF ADULT-ORIENTED BUSINESSES IN THE CITY OF ST. LOUIS PARK AND DIRECTING THAT A STUDY BE CONDUCTED THE CITY OF ST. LOUIS PARK DOES ORDAIN: SUMMARY. This ordinance ,provides, m part, the fol- lowing - (a) Except as provided m (c) below, no adult use as defined m Zoning Ordinance Section 14 5-3D(1) shall be estabhshed, developed, located or relocated, enlarged or expanded penduig completion of the study referred to in Section 2 03 of this ordinance and the adoption of any sub- sequent amendments to the City Zoning Ordinance (b) This moratorium shall apply to adult uses as defined in the Zoning Ordinance Section 14 5-3D(1) regardless of the percentage of merchandise sold or floor space devoted to the sale„of product or services distin- guished by an emphasis on "Specified Sexual Activities” or "Specified Anatomical Areas" as those terms are defined in Zoning Ordinance Section 14.5-3D(1)d (c) Any activity or business included in (a) and (b) above shall be permitted in the I -G District subject to the conditions set forth in Zoning Ordinance Section 14 5- 7 3(cX4) DURATION This ordinance shall be effective immedi- ately upon adoption and shall terminate on the 61st day after its adoption. Adopted by the City Council November 7, 1994 /s/ LYLE W HANKS, Mayor (THE FULL TEXT OF THIS ORDINANCE IS AVAIL- ABLE VAILABLE WITH THE CITY CLERK.) (Nov 16, 1994) SLP