(a) Purpose. The purpose of this section is to control, through zoning regulations, certain land uses that have a direct and detrimental effect on the character of the city's residential and commercial neighborhoods.
(b) Findings of the City Council. The City Council makes the following findings regarding the effect sexually-oriented businesses have on the character of the city's neighborhoods. In making the findings, the City Council accepts the recommendations of a staff committee that has studied the experiences of other urban areas in the nation where sexually-oriented businesses have located.
(1) Sexually-oriented businesses can exert a dehumanizing influence on persons attending places of assembly for worship; children attending state-licensed family day care homes, state-licensed group family day care homes and state-licensed child care centers; students attending schools; and people using public parks and libraries.
(2) Sexually-oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law-enforcement services.
(3) Sexually-oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the shortage of affordable and habitable housing for city residents.
(4) The concentration of sexually-oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating. Other businesses move out of the vicinity and residents flee from the area. Declining real estate values, which can result from the concentration of such businesses, erode the city's tax base and contribute to overall urban blight.
(c) Conclusions of the City Council. In order to minimize the detrimental effect sexually-oriented businesses have on adjacent land uses, the City Council adopts the following land-use regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods.
(d) Definitions. The following words and terms, when used in this § 21.302.39 have the following meanings unless the context clearly indicates otherwise.
ADULT BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas as defined herein.
ADULT BOOK STORE. An establishment that has 40% or greater of its current store stock in merchandise, videos, books, magazines and/or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as herein defined.
ADULT CAR WASH. A wash facility for any type of motor vehicle that allows employees, agents, independent contractors or persons to appear in a state of partial or total nudity in terms of specified anatomical areas as defined herein.
ADULT COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or which provides the service for a fee 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 as defined herein.
ADULT ENTERTAINMENT FACILITY. A building or space wherein an admission is charged for entrance, or food or nonalcoholic beverages are sold or intended for consumption, and wherein may be observed live presentation of entertainment distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT MINI-MOTION PICTURE THEATER. A building or space with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas herein defined, for observation by patrons therein. The phrase USED FOR in this definition will mean a regular and substantial course of conduct and not a one-time presentation of such material.
ADULT MODELING STUDIO. An establishment whose major business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities as defined herein or display specified anatomical areas as defined herein while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
ADULT MOTION PICTURE THEATER. A building or space with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as herein defined, for observation by patrons therein. The phrase USED FOR in this definition will mean a regular and substantial course of conduct and not a one-time presentation of such material.
ADULT SAUNA. A sauna which excludes minors by reason of age, or which provides 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 as defined herein.
MINOR. Any natural person under the age of 18 years.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola; or the depiction or showing of the covered male genitals in a discernibly turgid state.
SCHOOL. A building or space that is principally used as a place where 25 or more persons receive a full course of educational instruction. Any post-secondary or post-high school educational building, including any college or any vocational-technical college, is not deemed a school for purposes of this Article VIII.
STATE-LICENSED FAMILY DAY CARE HOME, STATE-LICENSED GROUP FAMILY DAY CARE HOME, STATE-LICENSED CHILD CARE CENTER. A facility holding a license from the state pursuant to M.S. Chapter 245A, as it may be amended from time to time, and/or Minnesota Rules Chapter 9502 or Chapter 9503, as amended.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered:
(1) Human genitals, pubic region or pubic hair;
(2) Buttock;
(3) Female breast or breasts below a point immediately above the top of the areola; or
(4) Any combination of the foregoing.
(b) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Include the following:
(1) Human genitals in a discernible state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock, or female breast or breasts; or
(4) Any combination of the foregoing.
(e) Zoning regulations. Sexually-oriented businesses are prohibited in all zoning districts, except those listed in § 21.209(e).
(1) In zoning districts in which sexually-oriented businesses are permitted uses, the following conditions must be met prior to a sexually-oriented business being allowed.
(A) No sexually-oriented business can be located closer than 500 feet from any other sexually-oriented business. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the actual business premises of the sexually-oriented business to the nearest point of the actual business premises of any other sexually-oriented business.
(B) No sexually-oriented business can be located closer than 500 feet from any single-family dwelling, place of assembly for worship, school, public park, state-licensed family day care home, state-licensed group family day care home, public library or state-licensed child care center. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the actual business premises of the sexually-oriented business to the nearest point of the actual premises used as a single-family dwelling, place of assembly for worship, school, park or state-licensed family day care home, state-licensed group family day care home or state-licensed child care center.
(C) No sexually-oriented business can be located closer than 500 feet from any of the following residential zoning districts. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the actual business premises of the sexually-oriented business to the nearest boundary of the residential zoning district:
Single-Family Residential R-1 District;
Large Lot Single-Family Residential RS-1 District;
Restricted Large Lot Single-Family Residential R-1A District;
Townhouse Residential R-3 District;
Multiple-Family Residential R-4 District;
Multiple-Family Residential RM-12 District;
Multiple-Family Residential RM-24 District;
Multiple-Family Residential RM-50 District; and
Multiple-Family Residential RM-100 District.
(D) A sexually-oriented business must comply with the licensing requirements of Chapter 14 of this code.
(E) The operation or maintenance of more than one of the following uses in the same building or structure is prohibited:
Adult body painting studio;
Adult book store;
Adult car wash;
Adult companionship establishment;
Adult entertainment facility;
Adult modeling studio;
Adult sauna;
Adult motion picture theater; and
Adult mini-motion picture theater.
(f) Sign restrictions. In order to protect children from exposure to lurid signs and materials and in order to preserve the value of property surrounding sexually-oriented businesses, the following sign regulations apply to all sexually-oriented businesses in the city notwithstanding any other provision of this code.
(1) All signs must be flat wall signs. No signs can be located on the roof or contain any flashing lights, moving elements, or electronically or mechanically changing messages.
(2) The amount of allowable building sign area is the lessor of one square foot of sign area per foot of lot frontage on a street not to exceed 80 square feet or the sign area allowance in § 21.304.17.
(3) No merchandise, photos or pictures of the products or entertainment on the premises can be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building or structure in which the sexually-oriented business is located.
(4) No signs can be placed in any window. A one square foot sign may be placed on the door to state hours of operation and admittance to adults only.
(Ord. 2024-28, passed 11-18-2024)