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The City Council following a public hearing by the Board of Adjustments and Appeals may issue a variance from the application of any section of this subchapter upon due application therefor, payment to the city of a fee as designated in Chapter 34 of this code, and in accordance with and pursuant to the provisions of Chapter 34.
(Ord. 310, passed 2-18-93)
It shall be unlawful for any person, firm, or corporation to erect, alter, repair, move, equip, or maintain any sign or sign structure or cause or permit the same to be done in violation of any of the provisions of this subchapter. Any person who violates any provision of this subchapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and 90 days in jail, or both.
(Ord. 310, passed 2-18-93) Penalty, see § 10.99
In addition to all other remedies available under this subchapter or other law, the city shall have the right to apply to the courts for injunctive relief; the court granting equitable relief shall also grant the city judgment against the defendant ordering the defendant to pay to the city its suit costs and disbursements including reasonable attorney’s fees incurred in bringing the action.
(Ord. 310, passed 2-18-93)
Temporary off-premise special event signs commemorating a special event, business anniversary, limited hours, grand opening or other promotion may be permitted, subject to the following:
(A) Permit requirements.
(1) Permit application. A temporary off-premise sign permit application form signed by the applicant and the property owner upon whose property the sign will be erected, together with a fee set by Council resolution, shall be submitted to the Building Official, who is hereby authorized to review and approve permits for temporary off-premises signs.
(2) Duration of permit, expiration, sign removal required. All permits issued hereunder shall be for a maximum duration of seven calendar days and shall automatically expire after this period. Upon permit expiration, the applicant shall cease to display any and all signs approved by the permit.
(B) Limitation on permits.
(1) No more than two temporary signs per permit are permitted under this section shall be allowed to any business entity at one time.
(2) No more than 12 permits per calendar year shall be issued to any business entity.
(3) If two or more permits are obtained in succession by any applicant, both permits shall be counted for the purpose of determining the yearly limitations of this section.
(4) Maximum temporary sign size shall be limited to 16 square feet.
(C) Location/setbacks.
(1) Signs may be placed in any zoning district.
(2) Signs may be located off the premises of the business sponsoring the special event.
(D) Sign requirements.
(1) Signs shall be erected and maintained so as to present no danger to the public.
(2) The applicant shall be responsible for locating all utilities.
(Ord. 395, passed 10-18-12)
ADULT ORIENTED BUSINESS AND ADULT USE BUSINESS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ORIENTED BUSINESS/ADULT USE BUSINESS. Any business engaged in adult uses.
ADULT USES. Adult uses include adult bookstores, adult motion picture theaters, adult picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse sauna facilities, adult clubs, adult cabarets, adult companionship establishments, adult rap/conversation parlors, adult health sport clubs, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, business or places open to some or all members of the public, 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. This includes bars and /or businesses where upper and/or lower extremities are exposed, nude dancing, strip clubs, and dancing establishments with any type of partial or full nudity. Activities classified as “obscene” as defined by M.S. § 617.241, as may be amended, are not included.
(1) SPECIFIED ANATOMICAL AREA. Means any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola;
(b) Human male genitals in a discernible turgid state, even if opaquely covered.
(2) SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, intercourse, necrophilia, oral copulation, pederasty, pedophilia, piquerism, sapphism, sodomy, zooerasty; or
(b) Actual or simulated of any of the following: use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
(c) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
(d) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or
(e) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
(f) Human excretion, urination, menstruation, vaginal or anal irrigation.
(g) Excretory functions as part of or in connection with any of the activities set forth in (a) through (f) above.
ADULT USES - ACCESSORY. The offering of retail goods for sale which are classified as adult 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 oriented books or magazines, or the sale and/or rental of adult use motion pictures, the sale of adult novelties.
ADULT USES - PRINCIPAL. The offering of goods and/or services which are classified as adult oriented uses as a primary or sole activity of a business or establishment and include, but are not limited to the following:
ADULT USE - 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."
ADULT USE - BOOKSTORE, VIDEO STORE, OR ADULT STORE. A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, 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."
ADULT USE - CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear semi-nude or 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."
ADULT USE - COMPANIONSHIP ESTABLISHMENT. An establishment 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".
ADULT USE - CONVERSATION/RAP PARLOR. A conversation/rap business which offers to engage customers in the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
ADULT USE - HEALTH/SPORT CLUB. A health/sport club which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
ADULT USE - HOTEL OR MOTEL. Adult hotel or motel means a hotel or motel or similar 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.
ADULT USE - MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
ADULT USE - MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 people used for presenting material if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
ADULT USE - 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" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
ADULT USE - MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or customer operated 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 an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
ADULT USE - MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more people used for presenting material via still or motion picture machine, projectors, or other image producing devices to show images to customers or guests if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
ADULT USE - NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
ADULT USE - SAUNA. A sauna 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."
ADULT USE - STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
(Ord. 345, passed 4-15-04)
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