(A) Purpose. The purpose of this section is to provide the opportunity for operation and establishment of adult land uses while providing controls that limit negative impacts of adult uses on residential and commercial areas.
(B) General. Adult use 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 it may be amended from time to time, are not permitted and are prohibited;
(2) Principal adult uses, shall be prohibited from locating in any building which is also utilized for residential purposes;
(3) An adult use, which does not qualify as an accessory use, shall be classified as an adult use/principal; and
(4) Zoning controls and district text application: so as to provide specific opportunity for adult uses to exist within the City of St. Charles, an analysis of the existing city ordinance text and map has been conducted. It was determined that the I-2 General Industry District provided the most appropriate zone to accommodate adult uses classified as principal activity. Only amendments to the I-2 text are, therefore, proposed to accommodate adult uses/principal. Principal adult uses are permitted only in the I-2 zoned districts.
(C) Adult use/principal.
(1) Adult use/principal activities shall be located at least 1,000 lineal feet, as measured in a straight line from the building upon which the adult use/principal is located to the property line of the following:
(a) Residentially zoned property;
(b) Agricultural land located in the neighboring township or in the city that is designated in the Comprehensive Plan for residential use;
(c) A licensed day care center;
(d) A public or private educational facility classified as an elementary, middle, junior high or senior high school;
(e) A public library;
(f) A public park;
(g) A church;
(h) Amusement places such as roller rinks, dance halls and bowling alleys; and/or
(i) Liquor sales.
(2) Adult use/principal activities shall be located at least 1,000 lineal feet apart as measured from one another.
(3) Adult use/principal activity is a separate use and no 2 adult use/principal activities shall be located in the same building or upon the same property and each use shall be subject to the above.
(4) Adult use/principal activities shall adhere to the following signing regulations:
(a) Sign messages shall be generic in nature and shall only identify the type of business, which is being conducted;
(b) Sign messages shall not contain material classified as advertising; and
(c) Sign messages shall comply with the requirements of size and number for the district in which they are located.
(5) Adult use/principal activities shall be prohibited in establishments where liquor is served.
(6) Adult use/principal activities shall be prohibited at any place or event where minors are permitted.
(D) Adult use/accessory.
(1) Adult use/accessory activities are permitted only in the C-1 or C-2 zoned districts.
(2) Adult use/accessory activities shall 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.
(3) Adult/accessory activities shall be restricted and prohibited from access to minors by the physical separation of these 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; and
(c) Other use. Adult use/accessory activities not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.
(4) Adult use/accessory activities shall be prohibited from both internal and external advertising and signing of adult materials and products.
(5) Adult use/accessory activities shall be prohibited in establishments where liquor is served.
(6) Adult use/accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted.
(1987 Code, § 702.12) (Am. Ord. 554, passed 6-26-2012)