HomeMy WebLinkAbout5-AdultUseOrdinanceMemo
To: Planning Commission
From: Justin Fortney, Associate Planner
Date: November 26, 2007
Subject: PUBLIC HEARING — City Code Amendment #2007 -52 — modifications
to the regulations relating to adult uses
REQUEST
Staff has been studying the Cities ordinances and laws related to adult uses since the
moratorium began and would like to get some direction from the Planning and Zoning
Commission.
The character of the C -4 district has changed since it was first formed. It has now
become a highly visible commercial destination along major thoroughfares and has had
increased residential development around them.
Currently, adult uses are divided into two groups:
Adult use - principal/ establishment
Examples: adult bookstore, exotic dance club, etc.
Adult use - accessory, less than 20% of the floor area is devoted to adult uses
Examples: Video store with some adult films, gift store with some adult gifts, etc.
Currently both of these uses are allowed in the C -4 district. Staff believes that it may
not be harmful for accessory adult uses to remain in C -4, but principal adult uses should
not be allowed in the district. Minnesota courts have held that ordinances restricting
adult uses to land comprising as low as 6.6% and 6.75% of total commercial and
industrial property within a city are valid restrictions. However, if there are other limits
such as limited access, lack of utility services, close proximity to heavy industrial uses
which would practically prevent a business from selecting a viable location for an adult
use, the ordinance could be struck down in court if it were ever challenged.
One alternative district for adult uses could be the 1 -2 (Industrial Park Storage/ Service)
zoning district located at Commerce Ct, which could be expanded to the south and west
to approach the 6% threshold.
BACKGROUND INFORMATION
In December of 2006 it was determined by the City Council that the character of the C -4
district has changed since adult uses were first allowed there. A Moratorium Ordinance
was passed to allow time to make necessary changes to the ordinance in light of these
changes. The ordinance is now being amended to assure the placement of adult uses
does not adversely affect the health, safety, and welfare of citizens.
ATTACHMENTS
• Zoning Maps
I
LVD
31 ST ST E
to I -2 to reach 6%= SM W
