11-08-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 8, 1999 • ( #9) #2537 ADULT USE ORDINANCE - ORDINANCE NO. 192, 2ND SERIES Weinberger reviewed his November 4, 1999 Planner's Report regarding the proposed adult use ordinance, noting that the City of Orono had adopted a moratorium on adult uses which is set to expire on November 12, 1999. In order for the City to be prepared for any requests after the moratorium has expired, the City needs to have an adult use ordinance in place. Weinberger noted that the City Attorney has indicated that adult businesses are protected by the First Amendment as a freedom of expression. The ordinance will ensure that the City may regulate the adult oriented businesses. Weinberger stated that the first category is adult use - principal, which is a use where the sole or dominant activity involves the presentation, display, depiction, description, distribution, sale or rental of goods, services, entertainment or materials that constitute or contain an emphasis on adult uses. This type of activity would only be permitted within the industrial district. A distance of a minimum of 250 feet is required from the property line of a licensed day care center, public or private educational facility, public library, public park, on -sale liquor establishment, churches and church related facilities. A minimum of 1000 feet of separation is required between any other adult uses and any residential properties. In order for the property owner to be granted a conditional use permit, the property must also comply with all current zoning, health and fire regulations. Weinberger stated the second category would be adult use - accessory. Accessory uses would be restricted to 10 percent of the floor area of a retail establishment and would consist mostly of the sale, or rental of goods, or materials that constitute or contain an emphasis on adult uses and would be allowed only within the Industrial District, B -1, B -3, B -4, B -5 and B -6 Business Districts where the primary use of the business is a permitted or conditional use. The same adult use - • principal conditions would apply to accessory uses as well. Weinberger stated the third adult use category is defined as adult use exempt, which includes businesses that would exist as a retail business operation in any of the business districts where five square feet of their floor area, wall space, or shelf area is related to adult products. Advertising of these products would not be allowed and the product would need to be displayed in such a fashion that only the title of the product is visible. Weinberger reiterated that the adult use - principal businesses will only be allowed within the industrial district, with the industrial district comprising approximately 1.6 percent of the Orono community. The Planning Commission has reviewed the adult use ordinance, noting that they have attempted to limit the number of adult use businesses in the area. Mayor Jabbour inquired what constitutes adult uses, particularly as it pertains to video rental businesses where X -rated movies are rented out. Tom Barrett, City Attorney, stated that adult uses are any sale, presentation, display or depiction involving what are called specified anatomical areas or specified sexual activities, which are further defined in Minnesota Statutes. The concept of the ordinance is to restrict those entities where the dominant business is adult uses, noting that a movie rental place would probably not be classified as adult use - principal as long as it did not exceed ten percent of the total floor space or other regulations limiting the adult use. Mayor Jabbour pointed out that a public hearing regarding this ordinance was held at the Planning Commission level, and inquired whether any member of the audience wished to speak to this item. • Page 4