01-21-1999 Council Work Session - Laserfiche WebLink

Home Browse Search

4. Prior to enacting licensing regulations, communities should document findings of adverse secondary effects of sexually oriented businesses and the relationship between these effects and proposed regulations so that such regulations can be upheld if challenged in court. 5. Communities should adopt regulations which reduce exposure of the community and minors to the blighting appearance of sexually oriented businesses, including but not limited to regulations of signage and exterior design of such businesses, and should enforce state law requiring sealed wrappers and opaque covers on sexually oriented material. First Amendment Issues Because adult uses are not specifically addressed in the Zoning Code, they are considered prohibited. Historically, staff is not aware that any adult use has sought to locate within the City of Orono. Adult uses have largely been a non-issue for Orono. Adult uses, however, enjoy first amendment protection. If a prospective adult use business called the City of Orono to inquire about zoning regulations, they would be informed that they are not an allowed use. The City may be vulnerable to litigation. While communities are not allowed to prohibit adult uses because of first amendment protection, cities do not have to ensure that suitable buildings or market forces will allow such uses. Typically, adult uses have been limited to restricted commercial areas or industrial districts. Many surrounding communities use distance requirements from day care, schools, parks, churches and from other sexually-oriented businesses. Analysis of Available Land in Orono It is not legally prudent for the City of Orono to not have a plan in place for regulating adult uses. To continue to prohibit all adult uses by exclusion from the Zoning Code is to face a possible challenge from the adult use industry at some unknown future time. The difficult task at hand is to determine the area where adult use businesses would have the least negative impact and not be subject to legal challenge. Commercial Zoning—Hwy. 12 Orono's Zoning Code has multiple commercial districts for a relatively small area of the community. Along Highway 12, there are currently 6 acres zoned B-1 that are vacant at Brown and Highway 12, in close proximity to residential development. It is expected that this land may eventually be developed for retail uses. This location would not be suitable for adult uses because of its close proximity to residential development and liquor establishments (Larry's Lounge). In the B-6 district are the Orono mall and Otten's Nursery. It is possible that a small off-site Adult Uses—Work Session 1/21/99 page-4