CR 92-38 Ordinance Amendment - Adult Oriented Uses
January 29, 1992
P K \ ~
council Report 92-38
ORDINANCE AMENDMENT - ADULT ORIENTED USES
ProDosed Action.
staff recommends
Resolution 92-13
reading.
the following motion:
approving Ordinance
Move
92-703
to approve
for first
Mr. Winship moved and Mr. Racek seconded recommended
approval of Resolution RZ92-1 recommending approval of
Ordinance 92-703. The motion carried unanimously.
overview.
Last spring the city council placed a moratorium on adult
oriented uses. This moratorium was established because the
zoning ordinance currently does not regulate adult oriented
businesses, such as adult bookstores, adult motion pictures
theaters etc. These types of uses cannot be banned from
cities, because they are protected by constitutional
guarantees. However, cities can regulate through the zoning
ordinance where these types of uses are allowed. The city
Code currently regulates adult oriented services, but not
businesses.
Suburban cities have recently instituted moratoriums due to
possible concerns about the location of these establishments
into their communities.
Last spring the Planning Commission reviewed the attached
ordinance and also recommended that adult oriented
businesses are licensed. The ordinances to license
businesses are outlined in the City Code. The city Clerks
off ice is preparing an ordinance to require a license for
adult-oriented businesses. The final decision on licensing
adult-oriented businesses will be made by the city council. .
The staff reviewed the proposed ordinance with the
Commission. There was little discussion on this issue.
o
Issues to consider.
How can adult-oriented businesses be regulated?
Where could an adult-oriented business locate
based upon the existing ordinance?
How will the proposed ordinance regulate adult
businesses?
How does the proposed ordinance compare to those
ordinances being considered by other communities?
primary
o
o
o
SupDorting Documents.
o Analysis of Issues
o Resolution 92-13
o Ordinance 92-703
Nancy S. Anderson
Planner
CR92-38
page 2
Primary Issues to Consider.
o How can adult-oriented businesses be regulated?
Adult-oriented businesses can be regulated through the
zoning ordinance by keeping them away from incompatible
uses, such as churches, schools and residential areas.
Also, an adult-oriented business can have a separation
requirement from another adult-oriented business.
o Where cou1d an adult-oriented business locate based
upon the existing ordinance?
The zoning ordinance permits bookstores in the B-2 and B-3
districts. A gift and novelties business is permitted in
the B-2 district and in the B-1 and B-3 districts with a
conditional use permit. Theaters are allowed in the B-2 and
B-3 districts. The existing ordinance does not distinguish
adult oriented materials from the non adult oriented
materials.
o
How will the proposed ordinance regulate
businesses?
adult
Under the new ordinance adult-oriented businesses will only
be allowed in the B-3 zoning district with a conditional use
permit. The requirements for the conditional use permit are
as follows:
o requires adult businesses be located at least
300 feet from a residential zoned district
o 1000 feet from a church, school or park
o 1000 feet from another adult-oriented
business
o all entrances to the building to be visible
from a public right-of-way and all patrons
must be able to be observed
o adult businesses cannot be open, from 10: 00
p.m. to 8:00 a.m.
Also the new ordinance will have a definition of an adult
bookstore and an adult movie theater.
o , How does the proposed ordinance compare to those
ordinances considered by other communities?
The ordinance as prepared is very similar to the ordinances
in other communities.
CR92-38
page 3
Alternatives.
1. Approval of the ordinance as proposed. By approving
the ordinance, adult oriented uses will be regulated by
conditional use permit in the B-3 district.
2. Approve the ordinance with changes. If the city
council indicates there should be a change in the
ordinance, the change can be made before the second
reading.
3.
Deny the ordinance as proposed. By denying
ordinance as proposed, the city council will
regulate adult oriented uses within the city.
the
not
4. Continue 'for further information. If the city council
indicates that further information is needed, the item
should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 92-13
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
AN ORDINANCE CHANGE TO REGULATE ADULT ORIENTED USES.
WHEREAS, an application for an ordinance change entitled VN
92-1 made by the City of Hopkins is approved.
WHEREAS, the procedural history of the application is as
follows:
1. That an application for an ordinance
amendment VN92-1 was filed with the city of
Hopkins on March 4, 1991.
2. That the Hopkins Planning Commission reviewed,
such application on March 26, 1991 and
January 28, 1992.
3. That the Hopkins Planning Commission,
pursuant to published notice, held a public
hearing on January 28, 1992: all persons
present at the hearing were given an
opportunity to be heard.
4. That the written comments and analysis of the
City Staff and the Planning commission were
considered.
NOW THEREFORE BE IT RESOLVED, that application for VN 92-1
is hereby approved subject to the following
Findings of Fact:
1. It has been determined that to protect the health,
safety, and welfare of the residents, adult-
oriented uses should be regulated.
2. That' adult-oriented uses- will be allowed in the
B-3 districts.
3. That adult-oriented uses will be regulated by a
conditional use permit in the B-3 district.
Adopted this 4th day of February, 1992.
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 92-703
AN ORDINANCE REGULATING ADULT-ORIENTED BUSINESSES
BE IT ORDAINED, by the City Council of the city of
Hopkins as follows:
That the Hopkins Zoning Ordinance No.
the same is hereby amended by adding
provisions:
515-570 be and
the following
Subd. 4. Adult motion picture theater. An enclosed
building or portion thereof or open air projection facility
engaged in the business of presenting film, video tape or
other similar motion pictures, which excludes minors from
the premises, or which is distinguished or characterized by
its emphasis on matter depicting, describing, or relating to
sexual conduct as defined in Minnesota Statutes, section
617.241. Subd. 1. (b).
Subd. 5. Adult novelty business and bookstore. An
establishment having novelty items, books, magazines, and
other periodicals as its stock in trade, which excludes
minors from the premises, or which stock in trade is
distinguished or characterized by its emphasis on matter
depicting, describing, or relating to sexual conduct, as
defined in Minnesota Statutes, Section' 617.241. Subd. 1. (b).
That all other subdivisions following the above subdivision
are hereby renumbered.
Section 535.01 subd. 3
1. Adult motion picture theater
2. Adult novelty business and bookstore
B-3
(2)XCC
(2)XCC
That all other permitted uses under subdivision 3 are hereby
renumbered.
Section 535.03 subd. 2. Conditional uses with B districts.
CC) Adult motion picture theater, adult novelty, and
bookstore provided:
1. that the site is a minimum distance of 300 feet
from a residential zoned district;
2. that the site is a minimum distance of 1,000 feet
of any church, school, or park;
3. that the site is a minimum distance of 1,000 feet
from another adult theater, bookstore or novelty business;
4. all entrances to the building or buildings, with
the possible exception of emergency fire exits which are not
usable by patrons to enter the building, shall be visible
from a public right-of-way;
5. the layout of display area shall be designed so
that the management of the establishment and/or law
enforcement personnel can observe all patrons which they
have access to any merchandise offered for sale or review
including, but not limited to, books, magazines,
photographs, video tapes or other motion pictures;
6. the premises shall not be open for business between
the hours of 10:00 p.m. and 8:00 a.m.;
First Reading:
February 4, 1992
Second Reading:
February 18, 1992
Date of Publication:
March
4, 1992
Date Ordinance is Effective:
March
24, 1992
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, city Clerk