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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. 1 . c- 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. 2 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-) 3