Milaca City Zoning Code

ADULT ORIENTED

BUSINESS AND ADULT USE BUSINESS

§ 156.145 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT ORIENTED BUSINESS/ADULT USE BUSINESS. Any business engaged in adult uses.

ADULT USES. Adult uses include adult bookstores, adult motion picture theaters, adult picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse sauna facilities, adult clubs, adult cabarets, adult companionship establishments, adult rap/conversation parlors, adult health sport clubs, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, business or places open to some or all members of the public, or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public. This includes bars and /or businesses where upper and/or lower extremities are exposed, nude dancing, strip clubs, and dancing establishments with any type of partial or full nudity. Activities classified as “obscene” as defined by M.S. § 617.241, as may be amended, are not included.

(1) SPECIFIED ANATOMICAL AREA. Means any of the following:

(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola;

(b) Human male genitals in a discernible turgid state, even if opaquely covered.

(2) SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:

(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, intercourse, necrophilia, oral copulation, pederasty, pedophilia, piquerism, sapphism, sodomy, zooerasty; or

(b) Actual or simulated of any of the following: use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

(d) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or

(e) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

(f) Human excretion, urination, menstruation, vaginal or anal irrigation.

(g) Excretory functions as part of or in connection with any of the activities set forth in (a) through (f) above.

ADULT USES - ACCESSORY. The offering of retail goods for sale which are classified as adult oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult oriented books or magazines, or the sale and/or rental of adult use motion pictures, the sale of adult novelties.

ADULT USES - PRINCIPAL. The offering of goods and/or services which are classified as adult oriented uses as a primary or sole activity of a business or establishment and include, but are not limited to the following:

ADULT USE - BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas."

ADULT USE - BOOKSTORE, VIDEO STORE, OR ADULT STORE. A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

(2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

ADULT USE - CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1) Persons who appear semi-nude or in a state of nudity; or

(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

ADULT USE - COMPANIONSHIP ESTABLISHMENT. An establishment which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or " specified anatomical areas".

ADULT USE - CONVERSATION/RAP PARLOR. A conversation/rap business which offers to engage customers in the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

ADULT USE - HEALTH/SPORT CLUB. A health/sport club which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

ADULT USE - HOTEL OR MOTEL. Adult hotel or motel means a hotel or motel or similar establishment, which:

(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or

(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

ADULT USE - MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

ADULT USE - MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 people used for presenting material if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

ADULT USE - MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models, who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

ADULT USE - MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or customer operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

ADULT USE - MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more people used for presenting material via still or motion picture machine, projectors, or other image producing devices to show images to customers or guests if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

ADULT USE - NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

ADULT USE - SAUNA. A sauna which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

ADULT USE - STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(Ord. 345, passed 4-15-04)

§ 156.146 ADULT USE ZONING PROHIBITIONS.

(A) Purpose. The purpose of this section is to establish provisions for the opportunity as well as controls of adult uses within the city.

(B) General provisions. Adult uses as defined in this chapter shall be subject to the following general provisions.

(1) Activities classified as obscene as defined by M.S. § 617.241, as may be amended, are not permitted and are prohibited.

(2) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes.

(3) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, non-intoxicating malt liquor or wine.

(4) An adult use which does not qualify as an adult use-accessory, shall be classified as an adult use-principal.

(1) Adult use-principal shall be located at least 150 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 any of the following:

(a) Residentially zoned property;

(b) A licensed day care center;

(d) A public library;

(e) A public park;

(f) Another adult use-principal;

(g) An on-sale liquor establishment; or

(h) Any church, synagogue or other principal place of worship of any duly organized religious organization.

(2) Adult use-principal activities, as defined by this chapter, shall be classified as one use. No two or more adult uses-principal shall be located in the same building or upon the same property and each use shall be subject to this section.

(3) Adult Use - Principal activities, as defined by this chapter shall be allowed only upon property zoned Industrial.

(D) Adult uses-accessory.

(1) Adult use-accessory shall:

(a) Comprise no more than 10% of the floor area of the establishment in which it is located or shall comprise an area no greater than 100 square feet of floor area in which it is located, whichever is smaller.

(b) Comprise no more than 20% of the gross receipts of the subject business operation at the subject location.

(2) Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access.

(a) 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.

(b) Magazines. Publications classified or qualifying as adult uses shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

(c) Other use. Adult use/accessory activities not specifically cited shall comply with the intent of this section subject to the approval of the City Council.

(3) Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.

(E) Nonconforming adult use-principal or accessory. Adult uses which are classified as legal nonconforming uses may continue in accordance with the provision of this chapter, except that any such nonconforming use shall be terminated and become illegal 60 days after the adoption of Ord. 345. To the extent possible the city shall attempt to identify all such uses which become classified as nonconforming under the provisions of this subdivision 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 Council for an extension of the termination date. Any such application shall be in writing and be received by the city no later than 60 days upon adoption of Ord. 345. 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 Council may consider any factor relevant to the issues, including but not limited to:

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

(2) The length of time that the adult use has been operating.

(3) The ease by which the property could be converted to a conforming use.

(4) The nature and character of the surrounding neighborhood.

(5) The value and condition of the improvements on the property.

(6) The amount of the applicant's investment in the business.

(7) The amount of investment already realized.

(8) The cost of relocating the adult use.

(F) Sign restrictions. Adult use-principal shall adhere to the following signing regulations in order to protect children from exposure to lurid signs and materials and in order to preserve the value of property surrounding adult use businesses, the following sign regulations shall apply to all adult use businesses in the city notwithstanding any other provision of this chapter:

(1) All signs shall be flat wall signs. No signs shall be freestanding, located on the roof, or contain any flashing lights, moving elements, or electronically or mechanically changing messages.

(2) The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street not to exceed 80 square feet. The total number of signs on the building shall be two. The allowable size shall include the total square feet of all signs combined.

(3) No merchandise, photos, or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the outside of the building.

(4) No signs shall be placed in any window. A one square foot sign may be placed on the door to state hours of operation and admittance to adults only.

(5) Sign messages shall be generic nature and shall only identify the type of business which is being conducted.

(6) Sign messages shall not contain material classified as advertising.