(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)