HomeMy Public PortalAbout281CITY OF MEDINA
ORDINANCE NO. 281
AN ORDINANCE PLACING A MORATORIUM ON THE
SITING OF ADULT USES WITHIN ANY ZONING DISTRICT
OF THE CITY OF MEDINA AND DIRECTING A STUDY TO
BE CONDUCTED THEREON
THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS:
Section 1. Background.
1.01. The Minnesota Attorney General has prepared a report entitled "Report of the
Attorney General's Working Group on Regulation of Sexually Oriented
Businesses", dated June 6, 1989, prepared by Hubert H. Humphrey, III,
Attorney General of the state of Minnesota. The Olmstead County Planning
Department has prepared a report entitled "Adult Entertainment Report"
dated March 2, 1988. The St. Paul Division of Planning has prepared a report
entitled "A 40-Acre Study" , all of which reports are hereafter collectively
referred to as "Reports" . The Reports considered evidence from studies
conducted in Minneapolis and St . Paul and in other cities throughout the
country relating to sexually oriented businesses .
1.02. The Attorney General's Report, based upon the above referenced studies and
the testimony presented to it has concluded "that sexually oriented businesses
are associated with high crime rates and depression of property values . " In
addition, the Attorney General's Working Group" ... heard testimony that the
character of a neighborhood can dramatically change when there is a
concentration of sexually oriented businesses adjacent to residential
property." The Reports conclude that:
a) adult uses have an impact on the neighborhoods surrounding
them which is distinct from the impact caused by other commercial
uses;
b) residential neighborhoods located within close proximity to adult
theaters, bookstores and other adult uses experience increased
crime rates (sex -related crimes in particular) , lowered property
values, increased transiency, and decreased stability of
ownership;
c) the adverse impacts which adult uses have on surrounding areas
diminish as the distance from the adult uses increases;
d) studies of other cities have shown that among the crimes which
tend to increase either within or in the near vicinity of adult uses
are rape, prostitution, child molestation, indecent exposure and
other lewd and lascivious behavior;
e) a City of Phoenix, Arizona study confirmed that the sex crime
rate was on the average 500 percent higher in areas with sexually
oriented businesses;
RHB79545
ME230-5
f) many members of the public perceive areas within which adult
uses are located to be less safe than other areas which do not
have such uses;
g) studies of other cities have shown that the values of both
commercial and residential properties either are diminished or fail
to appreciate at the rate of other comparable properties when
located in proximity to adult uses; and
h) an Indianapolis, Indiana study established that professional real
estate appraisers believe that an adult bookstore would have a
negative effect on the value of both residential and commercial
properties within a one to three block area of the store.
1.03. The city council is concerned that the city's zoning ordinance and other
ordinances may be inadequate in their scope and in their restrictions
regarding adult uses to accomplish the purposes for which they were
intended.
1 04. There are a number of significant planning and land use issues pertaining to
the regulation of such uses, including the following:
a. the particular zoning district or districts in which such uses
should be allowed as either permitted or conditional uses, if any;
b . the concentration and density of such uses in the city and its
neighborhoods; and
c. the effect of such uses on other uses in the surrounding area.
1.05. At its meeting on October 11, 1994, the planning commission reviewed the
city's zoning ordinance and related ordinances and concluded that many of the
ordinances were in need of amendment to correct contractions or gaps as well
as to bring the city's land use ordinances up to date.
1.06. At its meeting on November 1, 1994, the city council heard a presentation of
the planning commission's recommendation and discussed the matter with city
staff and representatives of the planning commission. The city council
endorsed the planning commission's recommendation and authorized the city
staff and consultants to conduct a comprehensive review of the city's zoning
and land use ordinances. The council recognized that this process would take
a period of time due to the large number of ordinances to be reviewed and the
need to coordinate the amendments.
Section 2. Findings .
2.01. The Medina city council finds the land use and development characteristics of
Medina are similar to those of the cities cited by the Reports when considering
the affects of adult uses .
2.02. The Medina city council finds, based upon the Reports and the studies cited
therein, that adult uses will have secondary and adverse effects upon certain
existing land uses within the city.
RHB79545
ME230-5 2
2.03 . The city's zoning ordinance does not address such adult uses which have been
foundby other municipalities to cause adverse secondary effects .
2.04. There is a need for a study to be conducted so that the city can adopt a set
of amendments to its comprehensive plan, zoning ordinance and other
ordinances pertaining to adult uses. Such a study will address the land use
and zoning issues related to adult uses, including those referenced above.
2.05. There is a need for an interim ordinance to be adopted for the purpose of
protecting the planning process and the health, safety, and welfare of the
citizens of the city and to ensure that the city and its citizens retain the
benefits of the city's comprehensive plan and zoning ordinance until such a
study has been completed. There is a need to restrict such uses until a study
has been completed and modifications to the city's zoning and land use
regulations regarding adult uses as well as the broader planning matters
raised by the planning commission are accomplished.
2.06. The city council has directed that such a study be undertaken and that
appropriate amendments be drafted and presented.
2.07. Minnesota Statutes, section 462.355, subdivision 4 permits the adoption of
interim zoning ordinances during a planning process such as is being
undertaken by Medina .
Section 3. Definitions .
3.01. Adult Establishments . An adult use is any establishment in which an adult use
comprises more than 10 percent of the floor area of the establishment in which
it is located or which comprises more than 20% of the gross receipts of the
entire business operation.
3.02. Adult Use. An adult use is any of the activities and businesses described
below:
a. 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 the body of a patron
when such body is wholly or partially nude in terms of "specified
anatomical areas . "
b. Adult Use - Bookstore: A building or portion of a building used
for the barter, rental or sale of items consisting of printed
matter, pictures, slides, records, audio tape, videotape, or
motion picture film if such building or portion of a building is not
open to the public generally but only to one or more classes of
the public, excluding any minor by reason of age, and if a
substantial or significant portion of such items are distinguished
and characterized by an emphasis on the depiction or description
of "specified sexual activities" or "specified anatomical areas."
c. Adult Use - Cabaret. A building or portion of a building for
providing dancing or other live entertainment, if such building
or portion of a building excludes minors by virtue of age and if
such dancing or other live entertainment is distinguished and
RHB79545
ME230-5 3
characterized by an emphasis on the presentation, display,
depiction or description of "specified sexual activities" or
specified anatomical areas . "
d. Adult Use - Companionship Establishment: A companionship
establishment which excludes minors by reason of age, and 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 and characterized by
an emphasis on "specified sexual activities" or "specified
anatomical areas . "
e. Adult Use - Conversation/Rap Parlor: A conversation/rap parlor
which excludes minors by reason of age, and which provides the
services of engaging in cr listening to conversation, talk, or
discussion, if such service is distinguished and characterized by
an emphasis on "specified sexual activities" or "specified
anatomical areas."
f . Adult Use - Health/Sport Club : A health/sport club which
excludes minors by reason of age, if such club is distinguished
and characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas."
Adult Use - Hotel or Motel: A hotel or motel from which minors
are specifically excluded from patronage and where material is
presented which is distinguished and characterized by an
emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas."
h. Adult Use - Massage Parlor, Health Club: A massage parlor or
health club which restricts minors by reason of age, and which
provides the services of massage, if such service is
distinguished and characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas . "
g•
j
Adult Use - Mini -Motion Picture Theater: A building or portion
of a building with a capacity for less than 50 persons used for
presenting material if such material is distinguished and
characterized by an emphasis on matter depicting, describing or
relating to "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.
RRH79545
ME230-5 4
"
k . A d u l t U s e - M o t i o n P i c t u r e A r c a d e : A n y p l a c e t o w h i c h t h e
p u b l i c i s p e r m i t t e d o r i n v i t e d w h e r e i n c o i n o r s l u g - o p e r a t e d o r
e l e c t r o n i c a l l y , e l e c t r i c a l l y o r m e c h a n i c a l l y c o n t r o l l e d o r o p e r a t e d
s t i l l o r m o t i o n p i c t u r e m a c h i n e s , p r o j e c t o r s o r o t h e r i m a g e -
p r o d u c i n g d e v i c e s a r e m a i n t a i n e d t o s h o w i m a g e s t o f i v e o r f e w e r
p e r s o n s p e r m a c h i n e a t a n y o n e t i m e , a n d w h e r e t h e i m a g e s s o
d i s p l a y e d a r e d i s t i n g u i s h e d a n d c h a r a c t e r i z e d b y a n e m p h a s i s o n
d e p i c t i n g o r d e s c r i b i n g " s p e c i f i e d s e x u a l a c t i v i t i e s " o r " s p e c i f i e d
a n a t o m i c a l a r e a s . "
1 . A d u l t U s e - M o t i o n P i c t u r e T h e a t e r : A b u i l d i n g o r p o r t i o n o f a
b u i l d i n g w i t h a c a p a c i t y o f 5 0 o r m o r e p e r s o n s u s e d f o r
p r e s e n t i n g m a t e r i a l i f s u c h b u i l d i n g o r p o r t i o n o f a b u i l d i n g a s a
p r e v a i l i n g p r a c t i c e e x c l u d e s m i n o r s b y r e a s o n o f a g e o r i f s u c h
m a t e r i a l i s d i s t i n g u i s h e d o r c h a r a c t e r i z e d b y a n e m p h a s i s o n
" s p e c i f i e d s e x u a l a c t i v i t i e s " o r " s p e c i f i e d a n a t o m i c a l a r e a s " f o r
o b s e r v a t i o n b y p a t r o n s t h e r e i n .
m . A d u l t U s e - N o v e l t y B u s i n e s s : A b u s i n e s s w h i c h h a s a s a
p r i n c i p a l a c t i v i t y t h e s a l e o f d e v i c e s w h i c h s t i m u l a t e h u m a n
g e n i t a l s o r d e v i c e s w h i c h a r e d e s i g n e d f o r s e x u a l s t i m u l a t i o n .
n . A d u l t U s e - S a u n a : A s a u n a w h i c h e x c l u d e s m i n o r s b y r e a s o n o f
a g e , a n d w h i c h p r o v i d e s a s t e a m b a t h o r h e a t b a t h i n g r o o m u s e d
f o r t h e p u r p o s e o f b a t h i n g , r e l a x a t i o n , o r r e d u c i n g , u t i l i z i n g
s t e a m o r h o t a i r a s a c l e a n i n g , r e l a x i n g o r r e d u c i n g a g e n t , i f t h e
s e r v i c e p r o v i d e d b y t h e s a u n a i s d i s t i n g u i s h e d o r c h a r a c t e r i z e d
b y a n e m p h a s i s o n " s p e c i f i e d s e x u a l a c t i v i t i e s " o r " s p e c i f i e d
a n a t o m i c a l a r e a s . "
o . A d u l t U s e - S t e a m R o o m / B a t h h o u s e F a c i l i t y : A b u i l d i n g o r
p o r t i o n o f a b u i l d i n g u s e d f o r p r o v i d i n g a s t e a m b a t h o r h e a t
b a t h i n g r o o m u s e d f o r t h e p u r p o s e o f p l e a s u r e , b a t h i n g ,
r e l a x a t i o n , o r r e d u c i n g , u t i l i z i n g s t e a m o r h o t a i r a s a c l e a n i n g ,
r e l a x i n g o r r e d u c i n g a g e n t i f s u c h b u i l d i n g o r p o r t i o n o f a
b u i l d i n g r e s t r i c t s m i n o r s b y r e a s o n o f a g e a n d i f t h e s e r v i c e
p r o v i d e d b y t h e s t e a m r o o m / b a t h h o u s e f a c i l i t y i s d i s t i n g u i s h e d
a n d c h a r a c t e r i z e d b y a n e m p h a s i s o n " s p e c i f i e d s e x u a l a c t i v i t i e s "
o r " s p e c i f i e d a n a t o m i c a l a r e a s . "
3 . 0 3 . S p e c i f i e d A n a t o m i c a l A r e a s :
a . L e s s t h a n c o m p l e t e l y a n d o p a q u e l y c o v e r e d h u m a n g e n i t a l s ,
p u b i c r e g i o n , b u t t o c k , a n u s , o r f e m a l e b r e a s t ( s ) b e l o w a p o i n t
i m m e d i a t e l y a b o v e t h e t o p o f t h e a r e o l a ; a n d
b . H u m a n m a l e g e n i t a l s i n a d i s c e r n i b l y t u r g i d s t a t e , e v e n i f
c o m p l e t e l y a n d o p a q u e l y c o v e r e d .
3 . 0 4 . S p e c i f i e d S e x u a l A c t i v i t i e s .
a . A c t u a l o r s i m u l a t e d s e x u a l i n t e r c o u r s e , o r a l c o p u l a t i o n , a n a l
i n t e r c o u r s e , o r a l - a n a l c o p u l a t i o n , b e s t i a l i t y , d i r e c t p h y s i c a l
s t i m u l a t i o n o f u n c l o t h e d g e n i t a l s , f l a g e l l a t i o n o r t o r t u r e i n t h e
R H B 7 9 5 4 5
M E 2 3 0 - 5 5
context of a sexual relationship, or 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,
necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty; or
b. Clearly depicted human genitals in the state of sexual
stimulation, arousal or tumescence; or
c. Use of human or animal ejaculation, sodomy, oral copulation,
coitus, or masturbation; or
d. Fondling or touching of nude human genitals, pubic region,
buttocks, or female breast ( s) ; or
e. 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
f . Erotic or lewd touching, fondling or other sexually oriented
contact with an animal by a human being; or
g. Human excretion, urination, menstruation, vaginal or anal
irrigation.
Section 4. Planning and Zoning Study; Moratorium.
4.01. A study is authorized to be conducted by city staff and consultants to
determine how adult uses should be regulated within the city. The scope of
the study should include, but is not limited to, the following:
a. the particular zoning district or districts, if any, in which adult
uses should be allowed as either permitted or conditional uses;
b. the density and concentration of such uses; and
c. the effect of such uses on other uses in the surrounding area.
4.02. Upon completion of the study, the matter is to be considered by the planning
commission for its review and recommendation to the city council.
4.03. A moratorium on the development or location of adult uses is adopted pending
completion of the study and the adoption of any amendments to the city's
zoning ordinance. During the term of this ordinance, no adult use shall be
located in any zoning district in the city.
Section 5. Enforcement.
5.01. The city may enforce any provision of this ordinance by mandamus, injunction
or any other appropriate civil remedy in any court of competent jurisdiction.
RHB79545
ME230-5 6
Section 6. Separability.
6.01. Every section, provision or part of this ordinance is declared separable from
every other section, provision or part of this ordinance. If any section,
provision, or part of this ordinance is adjudged to be invalid by a court of
competent jurisdiction, such judgment shall not invalidate any other section,
provision, or part of this ordinance.
Section 7. Duration.
7.01. This ordinance shall remain in effect for one year from its effective date or
until such time as said ordinance shall be revoked, extended or otherwise
amended.
Section 8. Effective Date.
8.01. This ordinance shall take effect the day after the date of its publication.
Adopted by the city council of the city of Medina this 6th day of December,
1994.
ATTEST:
arlson, lerk-Treasurer
Ann C. Thies, Acting Mayor
Published in the Weekly News this 15th day of December , 1994.
RHH79545
ME230-5 7