HomeMy WebLinkAbout95-2017 - ADMIN Ordinance - City Council - 1995/01/03ORDINANCE NO. 9 5 - 2 017
AN EMERGENCY ORDINANCE PLACING A MORATORIUM
ON THE ESTABLISHMENT, DEVELOPMENT, LOCATION
OR RELOCATION OF ADULT-ORIENTED BUSINESSES IN
THE CITY OF ST. LOUIS PARR 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 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
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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 Padc.
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 St. 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 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 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 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.
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preserve the public peace, health, morals. safety or welfare serve a substantial government
interest.
41111 1.08 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.
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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 St. 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
201 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 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 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 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.
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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;
E.
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 City of Renton v. Plavtimejheatres. 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 11.0 It Ivestments.lnc., 2.5 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:
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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 "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
145-7.3(c)(4).
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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 irnpact on Si 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 "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(c)(4).
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(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 (sty 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 immediately upon adoption and shall terminate
on the 30th day after its adoption.
Adopted by the City Council of the City of St. Louis Park on this 3rd day of
January, 1995.
Reviewed for Admin.
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Ai-,kr
Ly Hama, Mayor
Approved as to form and etecution:
Awileuk eta Pace
City Attorney
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Dona I d W. T h u r I ow , 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 -Sail ors ,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)Thepnnted Ordinance No. 95-2017
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 the 11 day of January ,19 95,and was
thereafter printed 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
day of January 19 95
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BY m S eissrQ/W�6/�
TITLE ✓
Publisher
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RATE INFORMATION
illirest classified rate paid by commercial users
comparable space
(2) Maximum rate allowed by law for the above matter
(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)
SUMMARY: `
ORDINANCE NO. 95-2017
AN EMERGENCY ORD)SNANCE.PLACING
A MORATORIUM ON THgESTABLISHMENT,
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, in part, the follow -
mg
(a) Except as Provided m (c) below, no adult use as
defined in Zoning Ordinance Section 14 5-3D(1) shall be
established, developed, located or relocated, enlarged or
expended pending completion of the study referred to in
Section 2 03 of this ordmance 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 m
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=GDistrict subject to the
conditions set forth in Zoning Ordinance Section 14 5-
7 3(cx4) ;
DURATION. This ordinance shalltbe effective imme-
diately upon adoption and shall terminate on the 30th day
after its adoption
Adopted by the City Council January 3, 1995
/a/ LYLE W HANKS Mayor
(THE FULL TEXT OF THIS ORDINANCE IS AVAIL-
ABLE WITH THE CITY CLERK)
(Jan 11, 1995)—SLP