1994-745
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-onented 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 Intenm 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-onented 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.
ATTEST:
ORDINANCE NO. Cftf-"7s?6-
INTERIM ORDINANCE FOR. THE PURPOSE OF PR.OTECTING 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:
Sectlon 1. Background.
1.01. In 1991. the City Council placed a moratorium on adult-orient d
businesses. The moratorium was established because the zoning
ordtnance 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. Under that orditlRDCC, th
City regulated adult-oriented businesses by allow1ng such businesses
to be located in the Boo3 zoning district subject to certain oonditions.
1.03. On or about September SO, 1994, the City staff became aware that an
adult-oriented bu.sJness was contemplating opening at 1208-08 Main
Street. On that date, the City was served with a summons and
complaint entitled R&B Visuals, Inc. v. City of HO'Dkins. In th
lawsuit, the plaintiff is challenging the constitutionality of the City's
regulations dealing with adult-oriented businesses.
1.04. The City Council believes that it is prud.ent to review its regulations
dAA1i~g with adult-oriented businesses to determine wheth r any
reVisions to them are necessary.
1.05. The attorney general of the State of Minnesota has issued a report
dated June 8, 1989 pertaining to the regulation of sexually"'oriented
businesses. In addition, other reports and studies oonducted by th
City of Minneapolis, the City of St. Paul, the City of Rochest r, the
City of Ramsey, the City of Indianapolis) the City of Phoenix and the
American Society of Plannfl'g Officials have been issued pertaining to
the regulation of adult-oriented businesses (collectively 1'eferred to as
"Reports"). Some of the findings in these Reports include:
A. Sexually-oriented businesses are associated with high crJme rates
and depression of property values and can dramatically cb~nge
a neighborhood jf adult-oriented bus1nesses are located n a1'
residential properties.
B. Adult-oriented businesses have an impact OD. the ne!ghb 1'hood
surrounc:Ung tbem and those impacts are cl1st1nct from im9acts
caused by other commercJal uses.
C. Residential neighborhoods located in close pro:x1mity to adult-
oriented businesses experience increased crime rates, lowel"
property values. increased. transienoy and decreased stability of
property ownership.
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D. The adVerB impacts of adult- riented business & n surroutuling
areas tlinri'ftiRh 8& the distance from the adult-oriented business s
increue.
E. Many membel"S of the public pel"Ceive that areas where adult..
oriented businesses are located are less safe than other :areas
that do not have such uses.
14' . Values of both commerical and residential properties located near
adult-oriented businesses either dinriniRh or fail to appl'ecUte at
the rates of other comparable p~erties.
1.06. The City of Hopkins has charaeteristics that are ainri19r to the cities
cited in the R.eports, and based on those Reports ~ the City Council
finds that adult-oriented businesses cause or are associated with
adverse secondary effects upon pre-existing land uses.
1.07. There is a need for a study to be conducted so that the City ean c1 clde
whether to amend its existing regulations pertaining to adult-oriented
businesses. The study will address the land use and zoning Issues
associated with sueh uses and may also address the City's lie nsing
reSUlations regarding such uses.
1.08. There is a need tor an interim ordinance to be adopted tor the purpose
of pl'Otectmc the p~n:niD.g process and the health, safety and welfare
of the citizens of the City and to insure that the City and its aitiz ns
retain the benefits of the City's comprehensive plan and zoning
ordinance until such study has been completed.. 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 adopt d. It
is not the intent of this ordinance to regulate any adult-01'1ented
bus1ness that is operating lawt'ully and h1 accordance with all state,
federal anc! municipal regulations at the time of the adoption of this
ordinance .
1.09. Minnesota Statutes, Section 482.355, subd. 4, allows the City to adopt
this interim ord1nance to protect the planning process.
Section 2. Planni"lt and Zoning Study/Moratorium.
2.01. A study is authorized to be conducted by City staff to determi11e how
su.ch 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 zoDing districts in which s\lch uses should b
allowed as either permitted uses or conditional uses;
B. the density and concentration of such uses;
c. the effect of such uses on other uses in the SU1'1'Ounding area;
D. the need~ if any, for modifications to the licCllJ.$inC regulations
reprd:lng such uses.
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2.02. Upon completion of the study, the IDatter is to b coDstd red by the
plAr"'IIlug Commission for its review and recommenda:ti n t the City
Council.
2.03. A moratorium on the development of adult-oriented business 8 is
adopted PaDding completion of the study and. the adoption of any
amendments to the City's ordinances. No license or building permit may
be issued for such uses 01" for the expansion of any existing use during
the moratorium period. nor may any rezonings, pJattings or replattings,
01' land. divisfQbS or consolidations be granted by the City for such us s
during the moratorium period unless such use coDlpUes with all existing
City orditumces and regulations. The moratorium period shall xpire
on ~~' I ) ll', / ~9 ~ or such earlier date as may b
further adopted by ordinance. During the moratorium. peri d, all
existing provisions in the City code and zontng orctiDance pertaiY'ing to
adult-oriented businesses shall remafn in effect. The moratorium
period. may be extended for a reasonable time by ordhlance ali may be
necessary to complete the study and aclopt any necessary amendments
to the City's ol"dinances.
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. Enforcement.
Ie
The City may enforce any violation of any provisions of this ordinance
by IDBDdamuS. injunction 01" any other appropriate civil remedy in any
court of competent jurisdiction.
Section 4. Severabilitv.
Every section, provision or part of this ordinance is declared. sev rab1e
bom every other section, provision or part. and if any portion of this
orclinance hi held invalid by a court of competent jurisdicUon~ it shall
not invalidate any other section. provision 01' part.
Section S.
This ordinance shall be effective 20 days after its publication.
First reading: October 18, 1994
Second r-d1ng: October 18. 1994
Date of publication: October " 1994
Date ordinance is effective: 'tel'- I g-)
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