CR 94-195 Moratorium - Adult Oriented Business
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. October 18, 1994 o P K \ '" Council Report 94-195
MORA TORIDM - ADULT ORIENTED BUSINESSES
ProDosed Action.
Staff recommends approval of the following motion: Move to approve Ordinance 94-745 to
place a moratorium on the establishment of adult oriented uses within the City for first
reading.
Overview.
The Zoning Ordinance currently regulates adult-oriented businesses within the City. The
Ordinance regulating adult-oriented business was passed in 1992. The City's legal counsel
has recommended that a moratorium is placed on adult-oriented uses to allow for additional
study on this matter. This moratorium will prohibit additional adult-oriented uses from
opening within the City during the study period.
~ Since 1992 there appear to have been the development of new adult type uses the current
ordinance may not address. Based on recent case law and studies which have been completed
....... the approach to addressing adult uses may have evolved further from our analysis in 1992.
Primary Issues to Consider.
How long should the moratorium last?
If a moratorium is placed on adult oriented uses, staff is recommending a moratorium of one
year or until the ordinance is amended.
Supportin2 Documents.
0 existing ordinance
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. CITY OF HOPKINS
Hennepin County, Minnesota
PREAMBLE TO ORDINANCE #94-745
WHEREAS, the Hopkins City Charter, Section 3.03, Subdivision 2 allows the City Council
to adopt emergency ordinances; and
WHEREAS, 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-oriented businesses;
and
WHEREAS, the study will address the land use and zoning issues associated with such
uses and may also address the City's licensing regulations regarding such uses;
and
WHEREAS, there is an immediate need to adopt an interim ordinance for the purpose of
protecting the planning process and the health, safety and welfare of the citizens of
. the City and to insure that the City and its citizens retain the benefits of the City's
comprehensive plan and zoning ordinance until such study has been completed;
and
WHEREAS, there is a need to restrict adult-oriented businesses until the study has been
completed and any modifications to the City's regulations have been adopted.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins
hereby declares that an emergency exists as defined in Section 3.03, Subdivision 2
of the City Charter.
Adopted by the City Council of the City of Hopkins this 18th day of October, 1994.
By
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
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ORDINANCE NO. CJt!"7c:1-5-
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INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE
PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF
CITY RESIDENTS; AND REGULATING AND RESTRICTING THE
DEVELOPMENT OF ADULT-ORIENTED BUSINESSES WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF HOPKINS ORDAINS ~
Section 1. Background.
1.01. In 1991:t the City Council placed a moratorium on adult-oriented
, busines&es. The moratol'ium was established because the zoning
orcUnance at that time did not regulate such uses.
1. 02. On February 18. 1992, the City Council adopted Ordinance No. 92-703,
which became effective on March 24. 1992. Uncler that ordinance. the
City regulated adult-oriented businesses by allowing such businesses
to be located in the B-3 zoning district subject to certain conditions.
1.03. On or about September SO, 1994, the City staff became aware that an
adult-oriented. business was contemplating opening at 1206-08 Main
Street. On that date, the City was served with a summons and
compJaint entitled R&B Visuals. Ine. '9' . City of Honkins. In the
lawsuit, the pl.aiutiff is cha.llenging the constitutionality of the City's
- regulations dealing with adult-oriented businesses.
1.04. The City Council believes that it is prudent to review its regulations
deal.in&' with adult-oriented businesses to determine whether any
revisioIl& to them are necessary.
1. 05 . The a.ttorney general of the State of Minnesota has issued a report
dated June 6~ 1988 pertaining to the regulation of sexually-oriented
businesses. In addition~ other reports and stt.lcUes c:oncluctea by the
City of Minneapolis~ the City of St. Paul, the City of Rochester, the
, City of Ramsey, the City of Inctlanapolis, the City of Phoenix and the
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American Society of P1A.nnfl'lg Officials have been issued pert,Aining to
the regulation of adult-oriented businesses (collectively referred to as
. . , "Reportsn). Some of the findings in these Reports include:
A. Sexually-oriented bus:lneSlSes are associated with high crime rates
and depression of pl"Operty values and can dramatically change
a neighborhood if adult-oriented businesses are located near
residential properties.
B. Adult-oriented businesses have an impact on the neighborhood
surrounding them e.nd those impacts are distinct from impacts
caused by other commercial uses.
c. Resid.ential neighborhoods located in close prox1mity to adult-
oriented businesses expertenoe increased crime :rates, lower
. property values, increased transi.m.cy .and decreased. stability of
property ownership-
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i D. The adverse impacts of adult-oriented businesses on surrounding
e areas diptln;Rh 8& the distance from the adult-oriented busmesses
inCl'e88e.
E. Many members of the publio pe:rceive that areas where adult...
oriented businesses are located are less safe than other 3rea&
that do not have such uses.
F. Values of both commerioal and residential properties located near
adult-oriented businesses either diminbl.h or fail to apprecle.te at
the rates of other comparable properties.
1.06. The City of Hopkins has characteristics that are similar to the cities
cited in the Reports, and based on those Repo:rts, the City Council
finds that adult-oriented businesses cause or are associated with
adve1'se secondary effects upon pre-existing land uses.
1.07. 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-oriented
businesses. The study will address the land use and zoning issues
aBsocl.e.ted with such U6eli and may also address the City's licensing
regulations regarding sllch uses.
1.08. There is a need for an interim ordinance to be adopted tor the purpose
of protecting the p18nning process and. the health~ safety and welfare
of tbe citizens of the City and to insure that the City and its citizens
tit retain the benefits of the City's comprehensive plan and zoning
ordinance untll such study has been oompleted. There is a need to
restrict adult-oriented businesses until the study has been completed
and any modifications to the City's regulations have been adopted. It
is not the intent of this ordinance to regulate any adult-oriented
business that is operating lawfully and in Elccorda,nce with all state,
federal and municipal regulations at the time of the adoption of this
ordin9nce .
1.09. Minnesota Statutes, Section 462.355, subd. 4, allows the City to adopt
this interim o~d.inance to protect the planning process.
Section 2. Planning and Zoning Study I Moratorium .
2.01. A stud.y is authorized to be conducted by City staff to detertn1ne how
such adult...oriented businesses should be regulated in the City. The
scope of the study should include, but is not limited to, the following:
A. the particular zoning districts in which such uses should be
allowed a6 either permitted uses or conc11tional uses;
B. the density and concentration of such uses;
C. the effect of such uses OD. other uses in the surrounding are.a;
D. the need, if any, for modifications to the licensing regulations
. regarding such uses.
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e 2.02. Upon completion of the study, the lnatter is to be considered by the
PlAnning CoDUDission for its review and recommendation to the City
Council.
2.03. A moratorium on the development of adult-oriented businesses is
adopted pending completion of the study and the adoption ot any
amendments to the City's ordinances. No license or building permit may
be Issued for such uses or for the expansion of any existing use during
the morator1utn period nor may any rezonings, plattings or replattings,
or land divisiQns or consolidations be granted by the City fol' such uses
i during the moratoritUD period unless such use compJJes with all existing
City ordinances and :regulations. The moratorium period shall expire
on ~~i I J 8", .J f9 sc- or such earlier elate as may be
further adopted by ordinance. During the moratorium. period, all
existing provisions in the City code and 10~ ordinance pertAi't11ng to
adult-oriented businesses shall remain in effect. The moratorium
period may be extended for a reasonable time by ordinance as may be
necessary to complete the study and adopt any necessary amendments
to the City's ordinances.
2.04. For the purpose of this ordinance, an adult-oriented business :Is any
use defined in Section 1165.03 of the City code.
Section 3. Enfo~ment.
The City may enforce any violation of any provisions of this ordlnADce
e by mandamus, injunction 01" any other appropl'iate civil remedy in any
court of competent jurisdiction.
Section 4. Severability.
! Every section, provision or part of this ordinance is declared severable
from every other section, provision or part, and if any portion of this
ordinance is held invalid by a court of competent jUriscUCtioD; it shan
not invalidate any other section, provision or part.
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This ordinance shall be effective 20 days after its publication.
I First reading: October 18, 1994
Second reading: October 18, 1994
Date of publication: October ~ , , 1994
Date ord.inance is effective: O.:.+Obel"- j go,; 1994
Charles Redepenning, Mayor
ATTEST:
. James A. GenelUe, City Clerk
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