HomeMy WebLinkAbout95-2055 - ADMIN Ordinance - City Council - 1995/12/18r
1
ORDINANCE NO. 2055-95
AN EMERGENCY ORDINANCE PLACING A MORATORIUM
ON THE ESTABLISHMENT, DEVELOPMENT, LOCATION
OR RELOCATION OF ADULT-ORIENTED BUSINESSES IN
THE CITY OF ST. LOUIS PARK
THE CITY COUNCIL OF THE CITY OF ST LOUIS PARK DOES ORDAIN.
Section 1 Preamble
1 01 On December 19, 1994, the City adopted Intenm Ordinance No 2013-94 regulating the
establishment, development, location or relocation of adult-onented businesses m the City of St
Louis Park and directed that a study be conducted to determine whether the City's Zorung
Ordinance adequately addresses the topic of adult uses The Intenm Ordinance expires December
19, 1995
1.02 On November 20, 1995, the City adopted Ordinance No 2045-95 which extended the
interim ordinance regulating the establishment, development, location or relocation of adult-
oriented businesses for a penod of six months This ordinance becomes effective December 21,
1995
1 03 The St Louis Park CityCharter, Section 3 06 permits the City Council to adopt
emergency ordinance for the unmediate preservation of the public peace, health, morals, safety or
welfare of the citizens of St Louis Park Moreover, emergency ordinance which preserve the
public peace, health, morals, safety or welfare serve a substantial government interest
1 04 The City Council has determined that an emergency ordinance is necessary to fill the gap
between the termination of Intenm Ordinance No 2013-94 and the effective date of Interim
Ordinance No 2045-95 Preventing a gap from occumng is necessary to the planning process and
to assure that the City's piocess is not compromised
Section 2 Moratonum
2 01 (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 Interim Ordinance No 2045-95 and
the adoption of any subsequent amendments to the City Zoning Ordinance
(b) This emergency ordinance establishing a moratonum shall apply to adult uses as
defined m 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 m (a) and (b) above shall be permitted in the I -G
Distnct subject to the conditions set forth in Zoning Ordinance Section 14 5-3 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 8-01 0(A)
Section 3 Enforcement
The City may enforce any provisions of this ordinance by mandamus, injunction or any
other appropriate civil remedy m any court of competent junsdiction
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
December 22, 1995
Adopted by the City Council of the City of St Louis Park on this 18th day of December,
1995
ATTEST
Cilormi
ty Clerk
Reviewed for admuustration
1
Jo, „LA/L. 4
M or
Approved as to form and
execution
La. ?
City Manager % / City Attorney
xgabii iq efam, /4x -t
441/4 apv0J- igag