(A) Purpose. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day-care centers, libraries, or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor contribute to the blighting or downgrading of the surrounding property and lessening of its value.
(B) Generally. 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 are not permitted and are prohibited.
(2) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.
(3) Adult uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages.
(4) An adult use which does not qualify as an accessory use shall be classified as a principal adult use.
(C) Adult uses—principal. Principal adult uses shall be subject to the following provisions:
(1) A minimum of 300 radial feet, as measured in a straight line from the lot upon which the principal adult use is located, shall be required from the property line of:
(a) Residentially zoned property or residential uses;
(b) A licensed day-care center;
(c) A public or private educational facility classified as an elementary, junior high, or senior high school;
(d) A public library;
(e) A public park;
(f) Another principal adult use;
(g) An on-sale liquor, wine, or beer establishment;
(h) A church.
(2) Principal adult uses shall be located at least 300 radial feet from one another.
(3) Principal adult use activities, as defined by this chapter, shall be classified as one use. No two principal adult uses shall be located in the same building or upon the same property.
(4) A principal adult use 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) Signs shall not contain material classified as advertising; and
(c) Signs shall comply with the requirements of size and number for the district in which they are located.
(5) Principal adult use 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 permitted.
(D) Adult uses—accessory.
(1) An accessory adult use shall:
(a) Comprise no more than 5% of the floor area of the establishment in which it is located;
(b) Comprise no more than 10% of gross receipts of the entire business operation;
(c) Not involve or include any activity except the sale or rental of merchandise.
(2) An accessory adult use shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access. The business owner shall take every reasonable precaution to limit access to minors.
(a) Movie rentals. Display areas shall be restricted from general view and shall be situated in such a fashion as to prohibit access and visibility to minors, 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 not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
(c) Other uses. Accessory adult uses not specifically cited shall comply with the intent of this section subject to the approval of the City Council.
(3) Accessory adult uses shall be prohibited from both internal and external advertising and signing of adult materials and products.
(Ord. 110, passed 11-15-97) Penalty, see § 155.999