01-21-1999 Council Work Session - Laserfiche WebLink

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1.Sexually-oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area where they are located, thereby exacerbating the shortage of affordable and habitable housing for City residents. The concentration of sexually-oriented businesses in one area can have a substantially detrimental effect on that area and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating; other businesses move out of the vicinity and residents flee from the area. The resulting decline in real estate values erodes the City's tax base and contributes to overall urban blight. n.Land use regulations are appropriate to minimize the detrimental effects that sexually-oriented businesses have on adjacent land uses. The Court of Appeals stated in the City of Crystal vs. Fantasy House civil opinion that "a municipality may reasonably rely on studies of the secondary effects of adult establishment businesses to restrict such businesses, even if the studies focus on businesses that provide on-site consumption of sexually explicit material and some of the businesses being restricted do not provide on-site consumption". The Court of Appeals also stated that "an ordinance that restricts the location of adult establishment businesses to 15% of the municipality's industrial and commercial zones provides sufficient reasonable alternative avenues of communication for adult establishment businesses. The Attorney General's task force recommended: 1. 2. 3. Communities should document findings of adverse secondary effects of sexually oriented businesses prior to enacting zoning regulations to control these uses so that such regulations can be upheld if challenged in court. I'o reduce the adverse effects of sexually oriented businesses, communities should adopt zoning regulations which set distance requirements between sexually oriented businesses and sensitive uses, including but not limited to residential areas, schools, child care facilities and parks. To reduce adverse impacts from concentration of these businesses, communities should adopt zoning ordinances which set distances between sexually oriented businesses and between sexually oriented businesses and liquor establishments, and should consider restricting sexually oriented businesses to one use per building. Adult Uses—Work Session 1/21/99 page-3