The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, daycare centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-4, 4-5-1993)

"Adult uses", as defined in section 200.2 of this ordinance, shall be subject to the following provisions:

   A.   Activities classified as "obscene", as defined by Minnesota statutes section 617.241, are not permitted and are prohibited.

   B.   Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.

   C.   Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also used to dispense or consume alcoholic beverages.

   D.   An adult use which does not qualify as an accessory use shall be classified as an adult use - principal. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-4, 4-5-1993)

   A.   Adult use - principal shall be located at least three hundred (300) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use - principal is located, to the property line of:

      1.   Residentially zoned property.

      2.   A licensed daycare center.

      3.   A public or private educational facility classified as a preschool, elementary, junior high or senior high.

      4.   A public library.

      5.   A public park.

      6.   Another adult use - principal.

      7.   An on sale liquor establishment.

   B.   Adult use - principal shall be located at least three hundred (300) radial feet as measured from one another.

   C.   Adult use - principal activities, as defined in section 200.2 of this ordinance, shall be classified as one use. No two (2) adult uses - principal shall be located in the same building or upon the same property, and each use shall be subject to subsections 2800.2B and C of this chapter.

   D.   Adult use - principal shall adhere to the following signing regulations:

      1.   Sign messages shall be generic in nature and shall only identify the type of business which is being conducted.

      2.   Shall not contain material classified as advertising.

      3.   Shall comply with the requirements of size and number for the district in which they are located.

   E.   Adult use - principal activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-4, 4-5-1993; 2005 Code)

   A.   Adult use - accessory shall:

      1.   Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located.

      2.   Comprise no more than twenty percent (20%) of the gross receipts of the entire business operation.

      3.   Not involve or include any activity except the sale or rental of merchandise.

   B.   Adult use - accessory shall be restricted from and prohibited from access to minors by the physical separation of such items from areas of general public access.

      1.   Movie Rentals: Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator.

      2.   Magazines: Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

      3.   Other Use: Adult uses - accessory, not specifically cited, shall comply with the intent of this chapter subject to the approval of the zoning administrator.

   C.   Adult use - accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-4, 4-5-1993)

Adult uses which are classified as legal nonconforming uses may continue in accordance with the provisions of this chapter; except, that any such nonconforming use shall be terminated and become illegal on and after July 1, 1998. To the extent possible, the city shall attempt to identify all such uses which become classified as nonconforming under the provisions of this section and shall notify the property owners and operators of such uses in writing of the change in status and the terms and conditions which apply. The owner of any property on which an adult use is located may apply to the city council for an extension of the termination date. Any such application shall be in writing and be received by the city no later than January 1, 1988. Failure to submit a timely extension application shall constitute a waiver of the right to request an exception if, upon the council's determination, the applicant demonstrates that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the city council may consider any factor relevant to the issue, including, but not limited to:

   A.   The degree or magnitude of threat to the public health, safety, and general welfare posed by the secondary impacts of the operation.

   B.   The length of time that the adult use has been operating.

   C.   The ease by which the property could be converted to a conforming use.

   D.   The nature and character of the surrounding neighborhood.

   E.   The value and condition of the improvements on the property.

   F.   The amount of the applicant's investment in the business.

   G.   The amount of investment already realized.

   H.   The cost of relocating the adult use. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-4, 4-5-1993)

AL849   Zoning Ordinance - Appendix A   App A-2900