HomeMy WebLinkAbout0651 ORDINANCE NO. 651
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN INTERIM ORDINANCE PLACING TEMPORARY
RESTRICTIONS ON THE SITING OF SEXUALLY ORIENTED
..USES WITHIN ANY ZONING DISTRICT
OF THE CITY OF LAKEVILLE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
SECTION 1. Definitions. The following terms whenever used in this
ordinance shall be interpreted to mean:
SEXUALLY ORIENTED Uses which include adult bookstores, adult motion picture
USES: theaters, adult mini-motion picture theaters, adult massage
parlors, adult steam room/bathhouse/sauna facilities, adult
companionship establishments, adult rap/conversation parlors,
adult health/sports clubs, adult cabarets, adult novelty
businesses,. adult motion picture arcades, adult modelling
studios, adult hotels/motels, adult body painting studios, and
other premises, enterprises, establishments, businesses or
places open to some or all members of the public, at or in
which there is an emphasis on the presentation, display,
depiction or description. of "specified sexual activities, " or
specified anatomical areas".which are capable of being seen
by members of the public. Activities classified as "obscene"
as defined by Minnesota Statutes, section 617.241 are not
included.
A. Specified Anatomical Area: Human genitals in a state of
sexual arousal.
B. Specified Sexual Activities: Includes any of the
following:
1. The fondling or other erotic touching. of human genitals,
pubic region, buttocks, anus,. or female breasts;
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2. Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any
of the activities set forth in (1) through (3) above.
SEXUALLY ORIENTED The offering_ of retail goods. for sale which- are classified as
USES, ACCESSORY: sexually oriented uses on a limited scale and which .are.
incidental to the primary activity. and goods and/or services
offered by the establishment. Examples of such. items include
the sale of adult magazines, the sale and/or rental of adult
motion pictures, the sale of adult novelties, .and the like.
SEXUALLY ORIENTED The offering of,goods and/or services which are classified as
USES, PRINCIPAL: sexually oriented uses as a primary or sole activity of a
business or establishment and include but are not limited to
the following:
A. Escort: A person who, for consideration, agrees or offers
to act as a companion, guide, or date for another person,. or
who agrees or offers to privately model lingerie or to
privately perform a striptease for another person.
B. Escort Agency: A person or business association who
furnishes, offers. to .furnish, or advertises to furnish escorts as
one of its primary business purposes, for a fee., tip, or other
consideration.
C. Establishment: Means and includes any of the following:
1. The opening or commencement of any sexually
oriented business as a new business;
2. The conversion of an existing business, whether or
not a sexually oriented business, to any sexually .oriented
business;
3. The addition of any sexually oriented business to
any other existing sexually oriented .business; or
4. The relocation of any sexually oriented business.
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D. Nude Model Studio: Any place where a person who
appears in a state of nudity or displays "specified anatomical
areas" is provided to be observed, sketched, drawn, painted.,
sculptured, photographed, or similarly depicted by other
persons who pay money or any form of consideration.
E. Nudity or State of Nudity: Nudity or state of nudity is
described as follows:
1. The appearance of a human bare buttock, anus,
male genitals, female genitals, or female breast; or
2. A state of dress which fails to opaquely cover a
human buttock, anus, male genitals, female genitals, or areola
of the female breast.
F. Semi-Nude: A state of dress in which clothing covers no
more than the genitals, pubic region, and areolae of the
female breast, as well as portions of the body covered by
supporting straps or devices.
G. Sexual Encounter Center: A business or commercial
enterprise that, as one of its primary business purposes, offers
for any form of consideration:
1. Physical contact in the form of wrestling or
tumbling between persons of the opposite sex; or
2. Activities between male and female persons and/or
persons of the same sex when one or more of the persons is
in a state of nudity or semi-nude.
H. Sexually Oriented Arcade: Any place to which the public
is permitted or invited wherein coin-operated or slug-operated
or electronically, electrically, or mechanically controlled still
or motion picture machines, projectors, or other
image-producing devices are maintained to show images to
.five or fewer persons per machine at any one time, and where
the images so displayed are distinguished or characterized by
the depicting or describing of "specified sexual activities'° or
"specified anatomical areas."
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I. Sexually Oriented Bookstore, Sexually Oriented Video
Store, Or Sexually Oriented Store: A commercial
establishment which as a principal business purpose offers for
sale or rental for any form of consideration any one or more
the following:
1. Books, magazines, periodicals or other printed
.matter, orphotographs, films, motion pictures, video cassettes
or video reproductions, slides, or other visual representations
which depict or describe "specified sexual activities" or
"specified anatomical areas"; or
2. Instruments, devices; or paraphernalia which are
designed for use in .connection with "specified. sexual
activities. "
J. Sexually Oriented Cabaret: A nightclub, bar, restaurant,
or similar commercial establishment which regularly features:
1. Persons who appear in a state of nudity; or
2. Live performances which are characterized by the
exposure of "specified anatomical areas" or by
"specified sexual activities"; or
3. Films, motion pictures, video cassettes, slides, or
other photographic reproductions which are
characterized by the.- depiction or .description of
"specified sexual activities" or "specified anatomical
areas."
K. Sexually Oriented Conversaton/Rap Parlor: A
conversation rap parlor which excludes minors by reason of
age, or which provides the service of engaging in or listening.
to conversation, talk, or discussion between an employee of
the establishment and a customer, if such service is
distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas".
L. Sexually Oriented Massage Parlor: A massage parlor
which excludes minors by reason. of age, or which provides
for any form of consideration, the rubbing, stroking,
kneading, tapping, or rolling of .the body, if the service
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provided by the massage parlor is distinguished or
characterized by an emphases on "specified sexual activities"
or "specified anatomical areas".
M. Sexually Oriented Motel A hotel, motel or similar
commercial establishment which:
1. Offers accommodations to the public for any form
of consideration; provides patrons with closed-circuit
television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions which
are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas"; and has a
sign visible from the public right of way which advertises the
availability of this adult type of photographic reproductions;
or
2. Offers a sleeping room for rent for a period of time
that is less than 10 hours; or
3. Allows a tenant or occupant of a sleeping room to
subrent the room for a period of time that is less than 10
hours.
N. Sexually Oriented Motion Picture Theater: A commercial
establishment where, for any form of .consideration, films,
motion pictures, video cassettes, slides, or .similar
photographic reproductions are regularly shown which are
characterized by the. depiction or description of "specified
sexual activities" or "specified anatomical areas. "
O. Sexually Oriented Sauna: A sauna which excludes minors
by reason of age, or which provides for any form of
consideration, a steam bath or heat bathing room used for the
purpose of bathing, relaxation, or reducing, utilizing steam or
hot air as a cleaning, relaxing, or reducing agent, if the
service provided by the sauna is distinguished or characterized
by an emphasis on "specified sexual activities" or "specified
anatomical areas" .
P. Sexually Oriented Theater: A theater, concert hall,
.auditorium, or similar commercial establishment which
regularly features persons who appear in a state of nudity o~
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live. performances which are characterized by the exposure of
"specified ..anatomical areas" or by "specified sexual
activities."
SUBDIVISION: The separation of an area, parcel, or tract of land under single
ownership into two or more parcels, tracts, lots, or long-term
leasehold interests where the creation of the leasehold interest
necessitates the creation of streets, roads, or alleys, for
residential, commercial, industrial, or other use or any
.combination thereof, except those separations:
A. Where. all the resulting parcels, tracts, lots, or interests
will be 20 acres or larger in size and 500 feet in width for.
residential uses and five acres or larger in size for commercial
and industrial uses,•
B. Creating cemetery lots;
C. Resulting from court orders, or the adjustment of lots line
by the relocation of a common boundary.
ZONING APPROVALS: Rezoning, land use guide plan changes, conditional use
permits, interim use permits, variances, site plan: approval,
planned unit development approval.
SECTION 2, Background and Intent.
2.01. The State Attorney General has prepared a report entitled ":report of
the Attorney General's Working Group on Regulation of Sexually Oriented Businesses, "
dated June 6, 1989, prepared by Hubert H. Humphrey, III, Attorney General of the State
of Minnesota/Olmstead County Planning Department "Adult Entertainment Report" dated..
March 2, 1988, and "A 40-Acre Study" prepared by the St. Paul Division of Planning
in 1987, all of which reports are hereafter collectively referred to as "Reports" . The
Reports considered evidence from studies conducted in Minneapolis and St. Paul and in
other cities throughout the country relating to sexually oriented businesses.
2.02. .The .Attorney General's Report, based upon the above referenced
studies and the testimony presented to it has concluded "that sexually oriented businesses
are associated with high crime rates and depression of property values.. " In addition, the
Attorney General's Working Group: "...heard testimony that the character of a
neighborhood can dramatically change when there is a concentration of sexually oriented
businesses adjacent to residential. property." The report concludes that:
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a) adult uses have an impact on the neighborhoods surrounding them
.which is distinct from the impact caused by other commercial uses;
b) residential neighborhoods located within close proximity to adult
theaters, bookstores, and other adult uses experience increased crime
rates (sex-related crimes in particular), lowered property values,
increased transiency, and decreased stability of ownership;
c) the adverse impacts which adult uses have on surrounding areas
diminish as the distance from the adult uses increases;
d) studies of other cities have shown that among the crimes which tend
to increase either within or in the near vicinity of adult uses are
rapes, prostitution, child molestation, indecent exposure, and other
lewd and lascivious behavior;
e) the City of Phoenix, Arizona study confirmed that the sex crime rate.
was on the average 500 percent higher in areas with sexually
oriented businesses;
f) many members of the public perceive areas within which adult. uses
are located as less safe than other areas which do not have such uses;
g) studies of other cities have shown that the values of both commercial
and residential properties either are diminished or fail to appreciate
at the rate of other comparable properties when located in proximity
to adult uses; and
h) the Indianapolis, Indiana study established that professional real
estate appraisers believe that an adult bookstore .would have a
negative effect on the value of both residential and commercial
properties within a one to three block area of the store,
2.03. The Lakeville City CounciLfinds that characteristics of Lakeville are
similar to those of the cities cited by the Reports when considering the affects of adult
uses.
2.04. The Lakeville City Council finds, based upon the Reports and the
studies cited therein, that adult or sexually oriented uses will have secondary effects upon
certain preexisting land uses within the City.
2.05. The Ciry has recently prepared an amendment of its Comprehensive
Plan which has been submitted to the Metropolitan Council for its review. Once the
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Comprehensive Plan is amended, the City is required to amend its zoning ordinance to
bring the zoning ordinance into compliance with its amended Comprehensive Plan.
2.06.. Although. sexually .oriented uses are currently addressed under the
City's zoning ordinance at Title 11, Chapter 21 of the Lakeville City Code, the City
Council anticipates a complete revision of the City's zoning ordinance, including
regulations concerning and changes in the appropriate locations for. sexually oriented uses,
in connection with the amendment of the Lakeville Comprehensive Pian.
2.07. The Lakeville City Council is concerned that the City's zoning
ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose.
for which it was intended.
2.08. There is a need for a study to be conducted concerning changes in
official controls, including .the City's zoning ordinance, following the adoption of the
amended Lakeville Comprehensive Plan. Such a study will address the land use and
zoning issues, including those referenced above.
2.09. There is a need for an interim ordinance to be adopted ..for the
purpose of protecting the planning process and the health, safety, and welfare of the
citizens of the City and to ensure that the City and its citizens retain the benefits of the
City's comprehensive plan and zoning ordinance until such a study has been completed.
There is a need to restrict such uses until such a study has been completed .and any
modifications to the City's zoning and land use regulations are accomplished.
2.10. The. City Council has directed that such a study be undertaken.
2.11. Minnesota Statutes, Section 462.355, Subdivision 4 permits the
adoption of interim zoning ordinances during the planning process.
SECTION 3. Temporary Prohibition.
Pending the completion of the above referenced study and the .adoption of
appropriate official controls, no building permits, subdivision or zoning approvals shall
be processed or approved and no application for such approvals shall be accepted- and no
new use or development shall be allowed for a sexually oriented use.
SECTION 4. Exemption. This ordinance shall not apply to the following:
4.01. Final. plat approval of a subdivision that has been given preliminary approval
prior to the effective date of this ordinance.
4.02. Sexually oriented accessory uses.
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..SECTION 5. Enforcement.
The City may enforce any provision of this ordinance by mandamus, injunction,
or any other appropriate civil remedy in any court of competent jurisdiction.
SECTION 6. Separability.
Every section, provision, or part of this ordinance is declared separable from every
section, provision, or part of this ordinance. If any section, .provision, or part of this
ordinance is adjudged to be invalid by a court of competent jurisdiction,. such judgment
shall not invalidate any other section, provision, or part of this. ordinance.
SECTION 7. Duration.
:This ordinance shall remain in effect until January 1, 2000 or until such. earlier
time as said ordinance shall be revoked or otherwise amended.
SECTION 8. Effective Date. This ordinance shall take effect immediately
upon its passage.
ADOPTED this 15th. day of June, 1999, by the City Council of the City of
.Lakeville.
CITY OF EVILLE
ane R. Zaun, r
TEST:
Charlene Friedges, City erk
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LAKEVIL:
ORDINANCE NO. 651
An Interim Ordinance Placing
Temporary Restrictions on the Siting
of Sexually Oriented Uses
within any Zoning District
of the City of Lakeville
CITY OF-LAKEVILLE
DAKOTA COUNTY, MINNESOTA
THE CITY .COUNCIL OF THE CITY OF
LAKEVILLE ORDAINS:
SECTION 1. Definitions.
The following terms whenever used in this ordi-
nance shall be
rdinanceshall-be interpreted to mean:
SEXUALLY ORIENTED USES:
Uses which include adult bookstores; adult
motion picture theaters, adult mini -motion pic-
ture
ig
ture theaters, adult' massage
parlors, adult
steam room/bathhouse/sauna facilities,adult
companionship establzishments, adult rap/con- -.
versation parlors, adult health/sports clubs,
adult cabarets, adult novelty businesses, adult
motion picture arcades, adult modelling stu-
dios, adult hotels/motels, adult body painting
studios, and other premises, enterprises, estab-
lishments, businesses or places open to some or
all members of the public, at or in which there is
an emphasis on the presentation, display, de-
piction or description of "specified sexual activi-
ties," or "specified anatomical areas". which are
capable of being seen by members of the public.
Activities classified as "obscene"- as defined by
Minnesota Statutes, section 617.241 are not.
included.
A. Specified Anatonni
a• eef ' lrso6"-
B. Specified Sezztri/ Activities: Includes any of
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space: $15.42 per column inch.
(2) Maximum rate allowed by law for the above
matter: $15.42 per column inch.
(3) Rate actually charged for the above matter:
$11.52 per column inch, 1st week and $10.94
per column inch, successive weeks.
AFFIDAVIT OF PUBLICATION
Richard M. Sherman , being duly sworn,
on oath says that he/she is the publisher or
authorized agent and employee of the pub-
lisher of the newspaper known as Lakeville
Life & Times, and has full knowledge of the
facts which are stated below:
(A) The newspaper has complied with
all of the requirements constituting qualifi-
cations as a qualified newspaper, as pro-
vided by Minnesota Statute 331A.02,
331A.07, and other applicable laws, as
amended.
(B) The printed City of Lakeville
Pub. Notice Ordinance #651
which is attached was cut from the columns
of said newspaper, and was printed and
published once on Saturday, the 19th
day of June , 1999; and printed
below is a copy of the lower case alphabet
from A to Z, both inclusive, which is hereby.
acknowledged as being the size and kind of
type used in the composition and publica-
tion of the notice:
abc defghij klmn opgrstuvwxyz
BY:
TITLE: Publisher
Subscribed and sworn to before me on this
Notary Public
PAULA K. CLINKSCALES
NOTARY PUBLIC - MINNESOTA
DAKOTA COUNTY
My Commission Expires 01-31-2000
C-IWK