(A) The purpose of this chapter is to control through permitting and zoning regulations certain land uses that have a direct and detrimental effect on the character of the city's residential and commercial districts.
(B) The City of Preston makes the following findings about the effect adult uses and sexually oriented businesses have on the character of each district. In making the findings, the city accepts the recommendations of staff that have studied the experiences of other communities in the nation about such businesses. The Minnesota Attorney General, the American Planning Association, and the cities of St. Paul, Rochester, Indianapolis, Phoenix, Los Angeles, Seattle and New York have studied the impacts of adult uses and sexually oriented businesses on rural and urban areas. These studies have concluded that adult uses and sexually oriented businesses have adverse impacts on the surrounding neighborhoods. Based on these studies and findings, the City of Preston concludes:
(1) Adult uses and sexually oriented businesses can contribute to an increase in crime in the area where such businesses are located. This can be a burden to city and county crime prevention programs and law enforcement services.
(2) Adult uses and sexually oriented businesses can significantly contribute to the deterioration of nearby neighborhoods and can increase neighborhood blight. These businesses also can impair the character and quality of the residential housing in the area where such businesses are located. This situation can lessen the amount of desirable housing for residents.
(3) The concentration of adult uses and sexually oriented businesses in one area can greatly affect the area where such businesses are concentrated and on the quality of life. A cycle of decay can result from the influx and concentration of adult uses and sexually oriented businesses. Others may perceive the presence of such businesses as an indication that the area is deteriorating. That is, other businesses move out of the vicinity and residents flee from the area. Lower property values that can result from the concentration of such businesses erode the city's tax base and contribute to rural and urban blight.
(4) It is necessary to provide for the special and express regulation of businesses, establishments or enterprises that operate as adult body painting studios, adult bookstores, adult cabarets, adult car washes, adult companionship establishments, adult hotels or motels, adult massage parlors or health clubs, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades or theaters, adult novelty businesses, adult saunas, and similar adult oriented services operating under different names to protect the public health, safety and welfare, and to guard against the inception and transmission of disease.
(5) The enterprises such as the types described in division (B)(4) of this section and all other similar establishments whose services include sessions offered to adults conducted in private by members of the same or opposite sex, and employing personnel with no specialized training are susceptible to operations contravening, subverting, or endangering the health and safety of the city by being the site of acts of prostitution, illicit sex, and occasions of violent crimes, and thus requiring close inspection, permitting, and regulation.
(6) Control and regulation of establishments of these types, in view of the abuses often perpetrated, require intensive efforts by police departments, the sheriffs office, and other departments serving the community. It is necessary for the city to provide services to all of the city without concentrating the public services in one area. The concentrated use of city services detracts from and reduces the level of service available to the rest of the city. Thus, these types of establishments can diminish the ability of the city to protect and promote the general health, welfare and safety of the City of Preston.
(7) The city adopts the following land use and permitting regulations, recognizing that it has an interest in the present and future character of the city's zoning districts. These regulations are to lessen the detrimental and adverse effects that adult uses and sexually oriented businesses have on adjacent land uses and to protect and promote the health, safety and welfare of the residents of the City of Preston.
(C) It is not the intent of the city to prohibit adult uses and sexually oriented businesses or establishments from having an opportunity to locate in the City of Preston. It also is not the intent of the city to regulate these businesses on the basis of content, but only on the basis of likely adverse secondary effects.
(Ord. 252, passed 9-6-2005)