HomeMy WebLinkAbout94-2013 - ADMIN Ordinance - City Council - 1994/12/19s
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ORDINANCE NO. 94-2013
AN INTERIM ORDINANCE REGULATING 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 -G 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 fmds, 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 fmds it necessary to adopt an interim ordinance regulating
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 The City Council fmds 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.
1.07 The City Council fmds that a disproportionate dispersion of adult uses would
threaten the public peace, health, morals, safety or welfare of the citizens of St. Louis Park
by increasing the adverse secondpry effects caused by adult uses.
1.08 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 circumstances warrant the adoption of this interim 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
s
St. 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 the
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 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,
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;
g.
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;
i. the adverse impacts of adult uses are exacerbated when the uses are located
near each other; and
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.
j.
a. In City of Renton v. Playtime 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
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St. 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 the
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 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,
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;
g.
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;
i. 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 fmds that
adult uses can cause or are associated with adverse secondary effects upon pre-existing land
uses. �
a. In City of Renton v. Playtime 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
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rely on the experiences of other cities to determine whether certain
businesses have adverse secondary effects.
b. In ILO Investments, Inc., 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
a.
b.
c.
d.
e.
f.
g.
What businesses, activities, establishments, services, materials, entertainment
products and recreation constitutes or should be regulated as an adult use.
The particular zoning districts in which adult use should be allowed as either
permitted or conditional uses.
The concentration and density of such uses in the City and its neighborhood.
The effect of such uses on other uses in the surrounding areas.
The potential impact on St. Louis Park of zoning restriction in contiguous
cities on adult-oriented businesses.
Whether zoning regulations on adult-oriented businesses should be
coordinated, consistent or compatible with the municipalities contiguous to St.
Louis Park.
Legal considerations, including but not limited to, the applicability of City
regulations relative to residential land uses in adjacent communities.
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 "Specified Sexual Activities"
or "Specified Anatomical Areas" as those terms are defined in Zoning
Ordinance Section 14:5-3D(1)d.
Ad goo
(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(c)(4).
(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 appealed 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. Separability
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
This ordinance shall be effective 15 days after publication in the City's official
newspaper and shall terminate one year after its date of adoption, unless extended for such
additional periods as the City may deem appropriate.
Adopted by the City Council of the City of St. Louis Park December 19, 1994
Attest:
itift4-1"474--)
Reviewed for Admin
94-50-MISC:RES7
Approved as to form and execution:
City Attorney
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STATE OF MINNESOTA)
SS.
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SUN
PUBLICATIONS
sv,[a,ne d sir Sursanor
AFFIDAVIT OF PUBLICATION
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 - S a 1 1 o r 5 ,and has full knowledge of the facts which
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) The punted Ordinance No. 94-2013
which is attached was cut from the columns of said newspaper, and was pnnted and
ublished once each week, for one successive weeks, it was first published
Wednesday the4 day of January ,1995.and was
thereafter pnnted and published on every to
and including , the day of , 19
and printed 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
9
abcdefghnklmnopgrstu
BY v / vvee�rv�ry
TITLE
Publisher
day of J a n u a_ y ,19 95
Nota PubIic'r Iti, ; ILpBLOn]
'rr _i NuORY PUBLIC MINNLSU'A
HENNEPIN COUN1V
7 my corirrksvnExrries!1161996
•owest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law for the above matter
RATE INFORMATION
(3) Rate actually charged for the above matter
$ 1 90 per line
$ 1 90 per line
$ 1 02 per line
City of St. Louis Park
(Official Publication)
ORDINANCE NO. 94-2013
AN INTERIM ORDINANCE REGULATING
THE ESTABLISHMENT, DEVELOPMENT,
LOCATION OR RELOCATION OF
ADULT-ORIENTED BUSINESSES
IN THE CITY OF ST. LOUIS PARR
AND DIRECTING THAT A
STUDY BE CONDUCTED
This ordinance estabhshes additional restnctions regu-
lating the establishment, development, location or reloca-
tion of adult-onented businesses in the City of St Louis
Park and directs that a study be conducted
Adopted by the City Council December 19, 1994
/s/ LYLE W HANKS
Mayor
A copy of the full text of tlus ordinance is available for
inspection with the City Clerk
(Jan 4, 1995) -SLP