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HomeMy WebLinkAbout0872 Ord (Zoning - Sexually Oriented Businesses) ~ ORDINANCE NO. 872 AN INTERIM ORDINANCE ADOPTING A MORATORIUM FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF STILL WATER BY RESTRICTING AND PROHIBITING SEXUALLY ORIENTED BUSINESSES 1. Findings. 1. The Zoning Ordinance of the City of Stillwater states in relevant part that the purpose of the Ordinance is to protect the public health, safety, comfort, convenience and general welfare; promote orderly development; provide for the compatibility of different land uses; and dividing the city into zones and districts restricting and regulating therein to location and use of structures and land. 2. Sexually oriented uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses.. 3. Residential neighborhoods located within close proximity to adult theaters, bookstores and other moderate-to-high patronage adult, businesses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership. 4. The adverse impacts which an adult entertainment use has on surrounding areas diminish as the distance from the adult entertainment use increases. 5. Among the crimes which tend to increase either within or in the near vicinity of adult entertainment uses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior. 6. The City of Phoenix Study confirmed that the sex crime rate was on an average six times higher in areas with at least one adult entertainment use as it was within comparable areas of their city without such adult uses. 7. 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 entertainment uses. 8. The adverse impact of adult use on commercial areas is increased by the presence of more than one adult entertainment use in close proximity to another such use. 1 1- .. . .. 9. That the planning commission is currently conducting a study with the help of the city staff in order to propose changes to the zoning ordinance that would lawfully regulate sexually oriented uses. 10. That in order to protect the planning process it is necessary to enact this moratorium. 2. Moratorium. Based upon these findings, it is hereby determined that the development, creation or establishment of any sexually oriented business within the City is prohibited for a period of one (1) year from the effective date of this Ordinance. 3. Savings. In all other ways the City Code with remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council ofthe City of Stillwater this -2.n.d- day of February, 1999. CITY OF STILLWATER ~y~ ~or ATTEST: 4t:~l~~ Acting City Clerk 2 . e e AFFIDAVIT OF PUBLICATION '" ~tillluater qebening <!9a;ette State of Minnesota PO Box 58,102 S 2nd St, Stillwater, MN 55082; Phone 612/439/3130; FAX 612/439/4713 Mike Mahoney, being duly sworn, on oath says that he is the Publisher or authorized agent and employee of the publisher of the newspaper known as Stillwater Evening Gazelle, and has full knowledge of the facts Which are stated. A. The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. Printed below Is a copy of the lower case alphabet from A to Z, both inclusive, Which is hereby acknowledged as being the size and kind of typed used In the composition and publication of the notice. __moo_....,'. ~. BY:~ TIlle: P. 'sher II .q County of Washington day of 1~ 00005943 ,19 '9 ~ . Received Payment BUSINESS NAME CITI OF STILLWATER 216 4TH. ST. N. STILLWATER, MN 55082 ,19 2/11/99 ) ) ss, ) Jml# Date Pages No. of Documents Col .# of Days Inches Published DescriptlonlDates of Publication Unit Rate Total Amount 9 1 Days Pub. . Maximum rate per column inch under Minnesota Law: $7.50 per 12-pica column. ORDINANCE NO. 872- AN INTERIM ORDINANCE ADOPTING A MORATORIUM FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFElY AND WELFARE OF THE CITIZENS OF STILLWA1ER BY RESTRICTING AND PROHIBmNG SEXUALLY ORIENTED BUSINESSES 2/9 $3.85 $34.65 Total Amount $34.65 Ewrin9G1118l1erFebn8y9, 1ge9 0FDfANCE NO. 872 AN INTERIM ORDINANcE ADOPTING A MORATORIUM FOR THE PURPOSE: OF PROTECTING THE: PLANNING PROCESS AND'r11&: HE:ALTH, SAFETY AND WELFARE OF'f1iE:CITIZ&:NS OF STILLWATER BY RESTRiCTiNG AND PROHIBITING SEXUAL. . .\ i'}o.)'pRlEt{TED BUSit{ESSES F;~dl~\ ZonlngOrdillanceof t~ City of Stillwater states in relevant part that the pur- pose of the Ordinance IS to proteclthe public health, safety,comfor1, (,lonvenlence'andgel1- eral. welfare; promote orderly development; provide for the compatipility of different land uses; and dividing the city into zones and dls- trictsrestrlcting and regulating therein to lo.ca- tion and use of structures and land. '2, Sexually oriented use~ have an impact on the l1eighborhoOds surround'"9them which Is distinct from the Impact caused by other com- mercial uses: 3. Residential l1eighborhoodS located within Clo~ proximity 'to adult the~tljl,rs, '?Ookstores and other moderate to high 13atrol'j8ge adult, businessexpe~ience Incr~sed crime rates (sex-related (,lomes in.. Particular), lowered p,roperty values, increase' transi,ncy, and decreased stability of ownership. 4. The adVerse impacts which an am,lIt enter- tainment use has on surroul1ding areaS dimin- ish as the distance from the adull.entertain- merit use increases. '. , " . , 5. .AIt'Iongthe crimes which tend 'to increase either within or in the near Vicinity, of adult ljlntertainment uses are. . .rar;>es, prostitution, child. molestation, inde<;ent" exposure, and other lewd and lascivious behavior. 6. .The CIty of PhoenixSludyconflrrned that the sex crlme,rate was. on ,. an average six ~ higher in areas with.an~asto,ne adult , entettainment U$8 as It was' withincornpare- ble areas of their city without such adult uses. 7. ,The values of both commercia/and resi- dential properties either are diminished or fail to apprecillte at the rate of other comparable , properties when located in proximity to adult entertainment uses. ,8.. The adVerse impact of adult Use on com- mercial areas is increased by the Prtlsence of more than one adult entert8ir\me~tuse in close prOldmity to' anothe~ such use., 9. . That the planning cOrnmi~ion is currently conducting a Sll!cIy with the help of ,the . city staff in order to propose changes to the zon- Ing . ordinance that woukl'.lawfully regulate sexually orientec:l uses. '10. That . in . order' to protect' the. planning "process it 'is necessary to ehactthis moratori-. . urn, 2. Moratorium. Based upon th8se fh1dlngs, it is hereby determined that the ,development, cre~ ation or establishment otal1y sexually oriented business within the City IS prOhibited for a perl- odof one (1) year frolTltheeffective date ofthiS Ordinance. 3. .~ In all other wa~ the City Code wilt remain in full force and effect. 4. EffQp1ive Date. Thi$.oq::lin~ce ....,ill be in full force and effect fl"OfTlanC! .li'tW, Otsp.lI~geand publication according to taW. ,,< " " Enacted by the City. Cot.lI\dt . of tile City of Stillwater this 2nd day of February, 1999. CITY Qf STILLWATER , 1s/ Jay L. Kimble Jay L, Kimble, Mayor ATTEST: IS/Nile L. Kriesel Nile L.Krlesel Acting City Clerk 2.19 e e . . .