Lewiston City Zoning Code
TEMPORARY DWELLINGS
§ 152.245 OPT-OUT OF M.S. § 462.3593.
Pursuant to authority granted by M.S. § 462.3593, Subd. 9, as it may be amended from time to time, the city opts out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.
(Prior Code, § 915.00)
§ 152.246 SEXUALLY-ORIENTED BUSINESSES LOCATION REGULATION.
(A) Defined. A sexually-oriented business under this section shall be defined as provided for in the code of ordinances, and specifically the sexually-oriented business licensing ordinance (Chapter 113).
(B) Conditional use permits.
(1) Sexually-oriented businesses shall be considered conditional uses and may be permitted only within qualifying areas of B-1 Service District, B-2 General District, I-1 Limited Industrial District or I-2 General Industrial District.
(2) No sexually-oriented business may be granted a conditional use permit under this section unless it has applied for and received a license under the sexually-oriented business ordinance (Chapter 113). Application for the sexually-oriented business license and a conditional use permit may happen concurrently or a conditional use permit may be granted under this section subject to the applicant receiving a license pursuant to the sexually-oriented business ordinance (Chapter 113). An applicant for a conditional use permit under this section shall also include a copy of the application for the license under the sexually-oriented business ordinance (Chapter 113) with the application under this subchapter.
(C) Location.
(1) No sexually-oriented business may be located or operated within 1,500 feet of:
(a) A church, synagogue, mosque, temple or building which is used primarily for religious worship and related activities;
(b) A public or private educational facility, including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(c) A boundary of a residential district as defined in the Zoning Code;
(d) A public park or recreational area which has been designated for park or recreational activities including, but limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the city which is under the control, operation or management of the city park and recreation authorities;
(e) A public theater;
(f) A shopping center;
(g) An airport;
(h) A senior housing facility;
(i) A hospital;
(j) A medical clinic; or
(k) A care center.
(2) Measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building of structure used as the part of the premises where a sexually-oriented business is conducted, to the nearest property line of the premises of a use listed above. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section. Such distance shall be measured across property lines, regardless of ownership of the property.
(D) Location near other sexually-oriented businesses.
(1) The operation, establishment, substantial establishment or transfer of ownership or control of a sexually-oriented business may not occur within 1,500 feet of another sexually-oriented business. In addition, there shall not be more than one sexually-oriented business within a block front even if said block is greater than 1,500 feet in length. The operation, establishment or maintenance of more than one sexually-oriented business in the same building, structure or portion thereof, or the increase of floor area of any sexually-oriented business in any building, structure or portion thereof containing another sexually-oriented business, is prohibited.
(2) The distance between any two sexually-oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
(E) Severability. In the event any section, division, clause, phrase or portion of this chapter is for any reason held illegal, invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this chapter. It is the legislative intent of the City Council that this chapter would have been adopted if such illegal provision had not been included or any illegal application had not been made.
(Prior Code, § 915.01)