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Home My WebLink About5 - Adult Use Memo To: Planning Commission From: Justin Fortney, Associate Planner Date: February 25, 2008 SubjectDiscussion – : City Code Amendment and rezoning #2007-52 – modifications to the regulations relating to adult uses and expanding the I-2 district. REQUEST The Planning Commission is asked to provide input on proposed changes to the adult use ordinance and proposed future rezoning. PURPOSE The intent of the change is to allow potential adult uses in less visible commercial areas. HIGHLIGHTED CHANGES SINCE LAST MEETING In response to the Planning Commissioner’s questions and comments from the th February 11 meeting, staff has made the following clarification and proposed amendments. Clarification: (b) An Adult Use—Principal or establishment shall be separated at least 200 feet from any other adult use or establishment; and The separation stated is from the building. Newly Proposed Changes Proposed map change (see attached zoning map) The following change is to protect residence that are not within residential zoning: (a) Adult Uses—Accessory and establishments shall be at least 200 feet from any property zoned residential property; (a) Adult Uses—Principal and establishments shall be at least 200 feet from any property zoned residential property; The following is a change to a chapter 114 definition. The purpose is to limit the accessory adult uses allowed in the C-4 district. ADULT USES; ACCESSORY. The offering of goods and/or services which are classified as adult uses on a limited scale (no more than 20% of the floor area of the establishment) and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples Limited to of such items include adult magazines, adult movies, and adult novelties, and the like. ORDINANCE AMENDMENT Amendment of the following sections of the Hastings City Code is proposed: 114 Saunas; Massage; Adult Uses 114.03 Definitions Adult Use; Accessory 155 Zoning Code (Rezoning) 155.01 Establishment of districts; Official Zoning Map 155.35- I-2 Industrial Park Storage/ Service (A) Intent (C) Uses by special permit 155.32- C-4 Regional Shopping Center (C) Uses by special permit. (2) Adult Use—Principal (3) Adult Use—Accessory 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 allowed by Special use Permit. A Moratorium Ordinance was passed to allow time to make necessary changes to the ordinance in light of these changes. Staff has brought forward this ordinance amendment to assure the placement of adult uses does not adversely affect the health, safety, and welfare of citizens. Many studies conducted have cited numerous negative secondary effects of adult use establishments in residential and commercial neighborhoods. One study conducted by the St. Croix County Planning Department showed that such effects include decline of property/ rental values, economic decline leading to deterioration and blight, increase in crime, and a negative impact to quality of life. Staff has not found any studies linking the same negative effects to industrial properties. This may be due to industrial establishments having opposite hours of operation and limited on site patrons. Staff is asking for input on the most appropriate location to propose extension of the I-2 district to allow adult uses. Upon direction from the Planning Commission, a public hearing to formally consider the change would be held on a future date and affected property owners would be notified. ATTACHMENTS Proposed Ordinance Amendment Zoning Maps DRAFT NO. 1 Planning Commission – November 13, 2007 I-2 Intent statement: Removed Added § 155.35 I-2 INDUSTRIAL PARK STORAGE/SERVICE: (A)Intent. The intent of this chapter in establishing an industrial park storage/service district is in recognition of the need to segregate for aesthetic and functional reasons uses that involve exterior storage of products, raw materials, equipment or vehicles and that require a lesser degree of public improvements that is typically provided in the I-1 Industrial Park District. It shall be recognized that the intensity and type of industrial uses that shall be permitted in the I-2 District will be based upon a determination by the city that an adequate level of public services to support the uses can be provided based upon the level of public improvements available to the district. The District serves to regulate existing I-2 uses. Further expansion of theI-2 District geographic limits is not anticipated. Future rezoning of land for industrial storage and services uses shall be designated I-1, subject to the provisions of § 155.34. (A)Intent. The Industrial Park Storage\service district is established to provide a limited area for certain industrial and commercial uses that by their nature have demonstrated negative secondary effects when located in close proximity to other commercial and residential uses. Negative effects to surrounding properties include decline of property/ rental values, economic decline leading to deterioration and blight, increase in crime, and a negative impact to quality of life (St. Croix Co., Wisconsin, “Regulation of Adult Use Establishments in St. Croix County” land use study, September 1993) Move the following from § 155.32 C-4 REGIONAL SHOPPING CENTER To: § 155.35 I-2 INDUSTRIAL PARK STORAGE/SERVICE: (2) Adult Use—Principal (as defined in Chapter 114) subject to the following minimum requirements: (a) Adult Uses—Principal and establishments shall be at least 200 feet from any property zoned residential property; (b) An Adult Use—Principal or establishment shall be separated at least 200 feet from any other adult use or establishment; and (c) An Adult Use—Principal or establishment shall obtain all required city licenses before commencing operation. (3) Adult Use—Accessory (as defined in Chapter 114) subject to the following minimum requirements: (a) Adult Uses—Accessory and establishments shall be at least 200 feet from any property zoned residential property; (b) Adult Use—Accessory or establishment shall be separated at least 200 feet from any other adult use or establishment; (c) Adult Use—Accessory or establishment shall obtain all required city licenses before commencing operation; (d) Adult Use—Accessory shall be restricted from and prohibit access to minors by the physical separation of the items from areas of general public access. 1. Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access for which is in clear view and under the control of the persons responsible for the operation. 2. Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. 3. Other use. Adult Uses—Accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator. (e) Adult Use-Accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. Possibility of rezoning to I-2 to reach near 6% with 5.8%