Loading...
(A) Purpose. The purpose of this section is to establish provisions for the opportunity as well as controls of adult uses within the city.
(B) General provisions. Adult uses as defined in this chapter shall be subject to the following general provisions.
(1) Activities classified as obscene as defined by M.S. § 617.241, as may be amended, are not permitted and are prohibited.
(2) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes.
(3) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, non-intoxicating malt liquor or wine.
(4) An adult use which does not qualify as an adult use-accessory, shall be classified as an adult use-principal.
(C) Adult uses-principal.
(1) Adult use-principal shall be located at least 150 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of any of the following:
(a) Residentially zoned property;
(b) A licensed day care center;
(c) A public or private educational facility classified as an elementary, junior high or senior high;
(d) A public library;
(e) A public park;
(f) Another adult use-principal;
(g) An on-sale liquor establishment; or
(h) Any church, synagogue or other principal place of worship of any duly organized religious organization.
(2) Adult use-principal activities, as defined by this chapter, shall be classified as one use. No two or more adult uses-principal shall be located in the same building or upon the same property and each use shall be subject to this section.
(3) Adult Use - Principal activities, as defined by this chapter shall be allowed only upon property zoned Industrial.
(D) Adult uses-accessory.
(1) Adult use-accessory shall:
(a) Comprise no more than 10% of the floor area of the establishment in which it is located or shall comprise an area no greater than 100 square feet of floor area in which it is located, whichever is smaller.
(b) Comprise no more than 20% of the gross receipts of the subject business operation at the subject location.
(c) Not involve or include any activity except the sale or rental of merchandise.
(2) Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access.
(a) Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.
(b) Magazines. Publications classified or qualifying as adult uses shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
(c) Other use. Adult use/accessory activities not specifically cited shall comply with the intent of this section subject to the approval of the City Council.
(3) Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
(E) Nonconforming adult use-principal or accessory. Adult uses which are classified as legal nonconforming uses may continue in accordance with the provision of this chapter, except that any such nonconforming use shall be terminated and become illegal 60 days after the adoption of Ord. 345. To the extent possible the city shall attempt to identify all such uses which become classified as nonconforming under the provisions of this subdivision and shall notify the property owners and operators of such uses in writing of the change in status and the terms and conditions which apply. The owner of any property on which an adult use is located may apply to the Council for an extension of the termination date. Any such application shall be in writing and be received by the city no later than 60 days upon adoption of Ord. 345. Failure to submit a timely extension application shall constitute a waiver of the right to request an exception, if upon the Council's determination, the applicant demonstrates that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the Council may consider any factor relevant to the issues, including but not limited to:
(1) The degree of magnitude of threat to the public health, safety and general welfare posed by the secondary impacts of the operation.
(2) The length of time that the adult use has been operating.
(3) The ease by which the property could be converted to a conforming use.
(4) The nature and character of the surrounding neighborhood.
(5) The value and condition of the improvements on the property.
(6) The amount of the applicant's investment in the business.
(7) The amount of investment already realized.
(8) The cost of relocating the adult use.
(F) Sign restrictions. Adult use-principal shall adhere to the following signing regulations in order to protect children from exposure to lurid signs and materials and in order to preserve the value of property surrounding adult use businesses, the following sign regulations shall apply to all adult use businesses in the city notwithstanding any other provision of this chapter:
(1) All signs shall be flat wall signs. No signs shall be freestanding, located on the roof, or contain any flashing lights, moving elements, or electronically or mechanically changing messages.
(2) The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street not to exceed 80 square feet. The total number of signs on the building shall be two. The allowable size shall include the total square feet of all signs combined.
(3) No merchandise, photos, or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the outside of the building.
(4) No signs shall 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.
(5) Sign messages shall be generic nature and shall only identify the type of business which is being conducted.
(6) Sign messages shall not contain material classified as advertising.
(Ord. 345, passed 4-15-04)
ZONING AMENDMENTS AND CONDITIONAL USE PERMITS
(A) Request for chapter amendments or conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall also be accompanied by complimentary copies of detailed written and graphic materials fully explaining the proposed change, development, or use. The Zoning Administrator shall refer the application, along with all related information, to the city Planning Commission for consideration and a report at least 15 days before the next regular meeting.
(B) The Zoning Administrator, on behalf of the Planning Commission, shall set a date for a public hearing. Notice of the hearing shall be posted as provided by state law at least ten days prior to the date of the hearing. For conditional use permits and for amendments, notice shall be mailed not less than ten days prior to all property owners of record according to the county assessment records, within 350 feet of the property to which the request relates. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator and made part of the official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this division has been made.
(C) The Planning Commission shall consider the request and hold a public hearing at its next regular meeting unless the filing date falls within 15 days of that meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The Zoning Administrator shall refer the application, along with all related information, to the Planning Commission for consideration. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use.
(D) The Planning Commission shall consider possible adverse affects of the proposed amendment or conditional use. Its judgment shall be based upon, but not limited to, the following factors:
(1) Relationship to the city’s growth management system/Comprehensive Plan;
(2) The geographical area involved;
(3) Whether the use will tend to or actually depreciate the area in which it is proposed;
(4) The character of the surrounding area; and
(5) The demonstrated need for the use.
(E) The Planning Commission, City Council, and city staff shall have the authority to request additional information from the applicant concerning operational factors, this information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
(F) The Planning Commission shall make a finding of fact and recommend actions or conditions, including explanations of any negative votes, relating to the request to the City Council.
(G) For all conditional uses, the following conditions shall be met:
(1) The land area and setback requirements of the property containing the use or activity shall be the minimum established for the district.
(2) Where applicable, all city, state, and federal laws, regulations, and ordinances shall be complied with and all necessary permits secured.
(3) Adequate off-street parking and loading shall be provided in accordance with §§ 156.075 et seq. This parking and loading shall be screened and landscaped from abutting residential uses in compliance with this subchapter.
(4) The proposed water, sewer, and other utilities shall be capable of accommodating the proposed use.
(5) The street serving the proposed use or activity shall be of sufficient design to accommodate the proposed use or activity, and the use or activity shall not generate such additional extra traffic to create a nuisance or hazard to existing traffic or to surrounding land uses.
(6) All access roads, driveways, parking areas, and outside storage, service, or sales areas shall be surfaced or grassed to control dust and drainage.
(7) All open and outdoor storage, sales, and service areas shall be screened from view from the public streets and from abutting residential uses or districts.
(8) All lighting shall be designed as to have no direct source of light visible from adjacent residential areas or from the public streets.
(9) The use or activity shall be properly drained to control surface water runoff.
(10) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence.
(11) Where structures combine residential and non-residential uses, these uses shall be separated and provided with individual outside access, and the uses shall not conflict in any manner.
(H) Upon receiving the report and recommendation of the Planning Commission, the City Council shall place the application and/or report and recommendation on the agenda for the next regular meeting. The reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
(I) Upon reviewing the application and/or receiving the report and recommendation of the Planning Commission, the City Council shall take one of the following actions within the time frame established by M.S. § 15.99, as it may be amended from time to time:
(1) Approve or disapprove the request as recommended by the Planning Commission;
(2) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. These modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; or
(3) Refer the recommendation back to the Planning Commission for future consideration. This procedure shall be followed only one time on a singular action.
(J) The amendment of any portion of this chapter which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the City Council. Other amendments require a majority vote of the entire Council. Conditional use permit decisions shall be by a majority of those voting on the question. The Zoning Administrator shall notify the applicant in writing of the Council’s action within the time frame established by M.S. § 15.99, as it may be amended from time to time.
(K) The recommendation of the Planning Commission shall be advisory to the City Council. The decision of the City Council shall be final subject to judicial review.
(Ord. 134/94, passed 3-24-94)
Whenever within one year after granting a conditional use permit, the terms as permitted by the permit shall not have been completed, then that permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator or City Manager-Clerk at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of this petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision and shall be requested only one time on a singular action.
(Ord. 134/94, passed 3-24-94)
(A) The Planning Commission and City Council shall have the authority to require a performance bond or other security when it is deemed necessary and appropriate.
(B) Except in the case of non-income producing residential property, upon approval of a conditional use permit the city may be provided with a surety bond, cash escrow, certificate of deposit, other securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the conditional use permit and the ordinances of the city.
(C) The security may be in the amount of the City Council’s estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages upon the discretion of the City Council.
(Ord. 134/94, passed 3-24-94)
The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this chapter. Any person owning real estate within the city may initiate a request to amend the district boundaries or text of this chapter so as to affect that real estate. All amendment requests must first be reviewed by the Planning Commission and then approved by the City Council.
(Ord. 134/94, passed 3-24-94)
Loading...