The URL can be used to link to this page

88-91 WHITE — C�TV CLERK �� PINK — FINANCE COUflCll C, CAN,�►RV — D€{",+ARTME"aT .. C I TY.. O�F" SA I NT PAIT L File N0. �� 7 I eLU� _ nArcroR , • � � ,O �n�nc Ordinance N 0. Presented By � � Referred To Committee: Date Out of Committee By_ F Date An ordinance amer�ding chapter 60 of the Saint Paul Legisla�tive Code pertaining to Zoning Regulations. WHEREAS, the existing Saint Pa 1 Zoning Code permits adult uses to be located only in certain zoning classjfication districts; and WHEREAS, the Planning Commissidn has conducted a study of the existing zoning provisions for adult-type use� and has recommended that these regulations be modi�'ed; and I WHEREAS, some of the purposes f restricting adult-only type uses include the following findings: Areas within close walking dist nce of residential dwellings and other general commercial uses should e free of adult entertainment land uses. Areas where children could be e pected to walk, patronize or recreate should be free of certain adult entertainment land uses. Adult-only entertainment land u es should be located in areas of the city which are not in close pro imity to residential uses, churches, parks and other public faciliti s, schools, and other commercial uses. The image of the City of Saint aul as a pleasant and attractive place to reside will be adversely aff cted by the presence of adult entertainment land uses in clos proximity to residential land uses, churches, parks, and other publi facilities, schools and general commercial uses. Regulation of adult entertainmen land uses should be developed to prevent deterioration and/or deg adation of the vitality of the community before the problem exi ts or gets worse, rather than in response to an existing problem. COUNC[LMEN Yeas Nays �� Requested by Department of: Drew Nicosia ln Favor �i Rettman s�ne�bei Against �i BY so�nen Tedesco Wilson Adopted by Council: Date , Form Approved by City Attorney I Certified Passed by Council Secretary BY By Approved by Mayor. Date i Approved by Mayor for Submission to Council BY BY I �-z�-�� . . � , � . ��--q/ Commercial areas of the city patronized by young people and children should be free of adult entertainment land uses. Adult entertainment land uses hould be regulated by zoning to separate it from other dissimilar uses 'ust as any other land use should be separated from uses with chara teristics different from itself. Residents of the City of Saint Paul , and persons who are non-residents but use the city for shopping nd other commercial needs, will move from the community or shop elsewher if adult entertainment land uses are allowed to locate in close pro imity to residential and other commercial uses, churches, parks, and oth r public facilities and schools. Location of adult entertainmen land uses in proximity to residential uses, churches, parks and othe public facilities, and schools and commercial uses may lead to in reased levels of criminal activities, including prostitution, rape, 'ncest and assaults in the vicinity of such adult entertainment land ses. Merchants in the commercial ar a of the city are concerned about adverse impacts upon the character and quality of the city in the event that adult entertainment land uses re located within close proximity to residential and commercial use , churches, parks and other public facilities and schools. Locat on of adult entertainment land uses in close proximity to residential and commercial uses, churches, parks, and other public facilities and sc ools, will reduce retail trade to commercial uses in the vicinit , thus reducing property values and tax revenues to the City. Such ad erse effects on property values will cause the loss of some commerc al establishments followed by a blighting effect upon the commercial dis ricts within the city, leading to further deterioration of the commercia quality of the city. No evidence has been presented to show that the location of adult entertainment land uses within the city will improve the commercial viability of the community. Experience in numerous other c ties, including Saint Paul , Minneapolis, Indianapolis, Phoenix, Los Ang les, Seattle, Tacoma and Detroit have shown that location of adult e tertainment land uses degrade the quality of the area of the city in whi h they are located and cause a blighting effect upon the city. A reasonable regulation of the location of adult entertainment land uses will provide for the protectio of the image of the community and its property values, and protect t e residents of the community from the adverse effects of such adult ntertainment land uses, while providing to those who desire to patroni e adult entertainment land uses such an opportunity in areas of the ci y which are appropriate for location of adult entertainment land uses. The community will be an undes�rable place to live and shop in if it is known on the basis of its imag as the location of adult entertainment land uses. , 2 I 4--a r- .s�a � . � . � , e ��—�� A stable atmosphere for the rear'ng of families cannot be achieved in close proximity to adult enterta'nment land uses. The initial location of adult en ertainment land uses will lead to the location of additional and simil r uses within the same vicinity, thus multiplying the adverse impact o the initial location of adult entertainment land uses upon the residential and commercial uses, churches, parks and other public facilities and schools, and the impact u�pon the image and quality of the character of the community. � � 3 � '�-��-k.t� . . � � : ��/ . , THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Sec ion 1. That the definitions for the te ms Adult Bookstore, Adult Cabaret, Adult Conversation/Rap Parlor, Adult Health Sports Club, Adult Massage Parlor, Adult Mini-Motion Picture Theatre, Adult Mo ion Picture Theatre, Adult Steam Room/ Bathhouse Facility and Adu1t Uses, co tained in section 60.201 of the Saint Paul Legislative Code, be and are her by amended to read as follows: Adult bookstore. A sbe� buildi or ortion of a buildin sed for the barter, rental or sale of items consi tin of printed matter, pictures, slides records audio ta e videota or motion picture film if such sbe� buildinq or portion of a buildinq is ot open to the public generally but only to one or more classes of the public xcluding any minor by reason of age: � or if a substantial or si nificant o tion of such items are distin uished or characterized b an em hasis on the d iction or descri tion of "s ecified sexual activities" or "s ecified anat mical areas." No obscene w rk shall be allowed. Adult cabaret. Ap-es�a�}�sbr�e �-wq�Eb-��ev�des A building or portion of a building used for providing �e-�e- apEe�s;-exe��e-�a�Ee►�s;-s��e�s;-e� s�r��a�-e��e��a�pe�s dancin or othe live entertainment if such buildin or portion of a buildinq ap�-wb�Eb excl des minors by virtue of age: , or if such dancin or other live entertainment is distin uished or characterized b an em hasis on the resentation dis la de iction or descri tion of "s ecified sexual activities" or "s ecified ana omical areas." No obscene ork shall be allowed. Adult conversation ra arlor. A conversation ra arlor which excludes minors b reason of a e or which r vides the service of en a in in or listenin to conversation talk or d scussion if such service i distin uished or characterized b an em hasis on "s ecified sexu 1 activities" or "s ecified anatomical areas." No obscene work shall be allow d. Adult health s ort club. A he lth s ort club which exclud s minors b reason of a e or if such club is di tin uished or characterized b an em hasis on "s ecified sexual activi ies" or "s ecified anatomic 1 areas." No obscene work shall be allowed. Adult massa e arlor. A massa e arlor which restricts mi ors b reason of a e or which rovides the servic of "massa e" if such service is distin uished or characterized b an em hasis on "s ecified sexual activities" or "s ecified anatomical areas." N obscene work shall be allow d. Adult mini-motion picture the tre. Ap-epe�ese�-�a��p� A building or portion of a buildinq with a capaci y for less than 50 persons used for presenting material de€�ped-�y-P4�pp se�a-��a�a�es-6��:292-as-'-'sexaa}}y ��eveea��ve'-'-apd-wW�EM if such buil in or ortion of a buildin as a prevailing practice excludes minors by virtue of age: , or if sych material is distin uished or characterized b a em hasis on the de iction o descri tion of "s ecified sexual activities" or "s ecified anatomical areas" for observation b atrons therein. No obscene work shall be allow d. 4 I y z�-�� . - : . : r . �-�� Adult motion picture theatre. Ap e�e�esed-�a�}d�p� A building or portion of a buildinq with a capacity o 50 or more persons used for presenting material �e€�ped-�y-M�ppese� -S�a�a�es-6��:29F-as-'-'sexaa}}y ��eveea��ve-a�d-wb�eb if such buildin r ortion of a buildin as a prevailing practice excludes minors by irtue of age: , or if such material is distin uished or characterized b an e hasis on the de iction or d scri tion of "s ecified sexual activities" or "s ecified anatomical areas" for observation b atrons therein. No ob cene work shall be allowed. Adult steam room bathhouse facil t . A buildin or ortion � a buildin used for rovidin a steam ba h or heat bathin room u ed for the ur ose of leasure bathin relaxati n or reducin utilizin s eam or hot air as cleanin relaxin or reducin a ent if such buildin or ortion of a buildin restricts minors b reason of a e or if the service rovi ed b the steam room bathhouse facilit is disti uished or characterized b an em hasis on "s ecified sexual activities" or "s ecified anatomical areas." No obscene work shall be allowed. Adult uses. Ada��-ases-a�e-�bes -ases-exe�ad�p�-�a�s-wb�eb-a�e-pe�-e�e� �e-�be-�b��e-�eRe�a}}y-�a�-e�}y-�e-e e-e�-r�e�e-e}asses-e�-�be-�a��E-a�d exe�ad�pg-apy-��pe�-�y-�easep-e€-age; a-��pe�-�e�pg-a-�e�sep-apdep-�Me-age-e€ e��M�ee�-yea�s: Adult uses include;- a�-a�e-pe�-��r��ed-�e; adult bookstores, adult motion picture theatres, adult ini-motion picture theatres, adult massage parlors, adult steam room/bat house facilities, adult rap/conversation parlors, adult health s ort clubs, ad lt cabarets, e�-s�r��}a�-a�a}�-ases: and other remises enter rises business s or laces o en to some or all members of the ublic at or in which there i an em hasis on the resent tion dis la de iction or descri tion of 's ecified sexual activities" or "s ecified anatomical areas" which ar ca able of bein seen b m mbers of the ublic. No obscene work shall be all wed. Se tion 2. That the definition of Convers tion/Rap Parlors contained in section 60.203 of the Saint Paul Legislative Code be and is hereby amended to read as follows: Conversation/rap parlors. A�- s�a��sMr�ep� A building or portion of a buildina in which there is ��Ee�sed- y-Eba��e�-4}3-e€-�qe-6��y-A��papEe-apd advertising, offering or selling the service of engaging in or listening to conversation, talk or discussion �e� eep-a�-er��syee-e€-�be-es�ab}�sH�ep�-apd a-Eas�er�e�, regardless of whether ot er goods or services are also simultaneously advertised, offered o sold, and regardless of whether those other goods or services are also re uired to be licensed. The term "conversation parlor' shall not include bona fide legal , medical , psychiatric, psychological or counseling services by a person or firm appropriately licensed; or bon fide educational institutions, or panels, seminars or other similar services ffered by such institutions; or churches or synagogues. S ction 3. That section 60.208 of the Sa'nt Paul Legislative Code be and is hereby amended so as to add the following hereto: 5 y-- �i-�rg , . � . �-�/ Health s ort club. A buildin o ortion of a buildin desi ned and e ui ed for the conduct of s orts ex rcise leisure time activities or other customar and usual recreational activ'ties o erated for rofit or not-for- rofit and which can be o en onl to b na fide members and uests of the or anization or o en to the ublic for a fee. Section 4. That the definition of massage p rlor, steam room/bathhouse facility, health club contained in section 60.21 of the Saint Paul Legislative Code be and is hereby amended to read as follo s: Massage parlor;-s�ear�-�eer�f�a�qb ase-�ae#��y;-bea}�b-E�a�. A� es�a��sb�e��-}�Eepsed-�y-EMa��e�-4�F- �-�be-6��y-EeQ�s}a��ve-Ee�e A buildinq or ortion of a buildin which is use for offerin "massa e" defined as the rubbin strokin kneadin ta in r rollin of the bod for tMe ur oses of leasure relaxation h sical fit ess or beautification offered for a fee or other valuable consideration. �d-wq�Eb-�es��E�s-r��pe�s-�y-v��ae-e€ age-apd-��E�ad�p�-�Mys�Ea}-ea}�a�e-ap -kea}�b-se�v�Ees;-�Mys�ea�-Ea��a�e-apd bea��q-e}a�;-�edae�p�-e�a�;-�edae�p�- a}e�;-ap�-�assa�e-�a��er: This definition shall include any building, room, structure, place or establishment used by the public other than a hospi al , sanatorium, rest home, nursing home, boarding home or other institution fo the hospitalization or care of human beings, duly licensed under the provi ions of Minnesota Statutes, Sections 144.50 through 144.703, inclusive, wh re non-medical and non-surgical manipulation exercises or massages ar practiced upon the human body for a fee or other valuable consideration by an one not duly licensed by the State of Minnesota to practice medicine, surge y, osteopathy, chiropractic, physical therapy, or podiatry, with or without the use of inechanical , therapeutic, or bathing devices, or any room or rooms from which a masseur or masseuse is dispatched by telephone or otherwise or the purpose of giving a rpassage. ��ev��ed-�Ha�-pe-�assa�e-�e�-a-�ee-sq ��-�e-��vep-exEe��-�p-a-��Ee�sed ��er��se: Sec ion 5. That section 60.215 of the Sain Paul Legislative Code be and is hereby amended so as to add the following th reto: Obscene. Obscene has the same eanin as defined in cha ter 274 of the Saint Paul Leaislative Code. Obscene work. Obscene work has the same meanin as defined in cha ter 274 of the Saint Paul Le islative Cod . Sec ion 6. That section 60.219 of the Sain Paul Legislative Code be and is hereby amended so as to add the following th reto: Steam room bathhouse facilit . A buildin or ortion of a uildin used for rovidin a steam bath or heat ba hin room used for the ur se of leasure bathin relaxation or redu in utilizin steam or hot air as a cleaning, relaxing or reducing agent. 6 4-Zi�� . � - ,�� .� . �''- 9/ Specified anatomical areas. L1,� Less than com letel and o uel covered: a human nitals b ubic re ion c buttock nd d female breast below oint immediatel above the to o the areola• and u Human male enitals in a di cernibl tur id state even if com letel and o a uel cov red. Specified sexual activities. � Numan enitals in a state o sexual stimulation or arou al • ,� Acts of human masturbation sexual intercourse or sodom • and j31 Fondlin or other erotic t uchin of human enitals u ic re ion buttock or female breast. u No obscene work shall be allowed. Sec ion 7. That Section 60.532, clause (2) of the Saint Paul Legislative Code is hereby amended to read as follows: (h) Pbys�Ea}-Ea}�b�e-apd healt s ort clubs� a�d-�edae��-sa�eps: conversation ra arlors assa e arlors and steam ro bathhouse facilities which are not a ult uses. Sec ion 8. S�� That Section 60.�3, clauses 10, ll, 12, 13, 14, 15, 16, 17 and 18 of the Saint Paul Legislative Code be an are hereby amended to read as follows: (10) Adult ases bookstores subject t the following conditions: (a) The bses adult bookstore s all be located at least e�e-�qeasa�d �b�ee-Mapd�e�-�wep�y-��;32 } 2640 radial feet from any other adult use in anv municipality me sured in a straight line from the closest points of the ro rt lines of the buildings in which the adult uses are located. (b) The adult ase bookstore shall be located at least �we-qapd�ed-{2AA� 800 radial feet from any esidentially zoned property in anv municipalitv, measured in a straight line from the closest point of the propertv line of the uilding in which the adult ase bookstore is located to the closest residentially zoned property line#-�b�s Eepd��ep-r�ay-�e-wa�ved-� -�be-�}app��-ee��ss�e�-�€-�be-pe�se� a��y��-€s�-�We-wa�ve�-s a}�-€#�e-w��M-�qe-�}a��-ad��p�s��a�s� a-ee�se��-�e�#��e�-wb�Eb- p��ea�es-a�p�eva}-e�-�be-��e�esed-ada}� ase-�y-98-�e�eep�-e€-�be- �e�e��y-ewpe�s-w��b�p-29A-�ad�a�-�ee�-e€ �be-}e�-ep-wb�eb-�be-ase- ea}d-�e-�eEa�ed;-�be-�}ap��pg-Eer�r��ss�ep; Ee�s�de��pg-saeb-a-wa�ve� -sba}�-�ake-�We-€e}�ew�p�-€ipd��s=-�ba� �Me-��s�ese�-ase-w�}}-pe� �e-eep��a�y-�e-�be-�b��e-��e�es�-e� 7 K-a.i_ �� . � �i ��3a��eas-�e-pea��y-��e�e��es;-apd-�ba�-�be-s��-a�d-3n�ep�-e€ �be-e��a�Ee-w�}�-�e-e�se�v d#-�Ha�-�qe-ry�s�esed-ase-w�}}-�s� ep�a��e-e�-e�Eea�a�e-�be-�ev �e��e��-e€-a-'-'sk�d-�ew"-a�ea#-�ba�-�be es�a��sbr�ep�-e€-ap-ad��ep �-ase-e€-�b�s-�y�e-��-�he-area-w�}} �e�-�e-Eep��a�y-�e-apy-��e�� r�-e€-pe�gM�e�bee�-Ee�se�va��ep-e� �r��ever�ep�;-e��He�-�es�dep� a�-e�-pep-�es�dep��a�;-apd-�ba�-a}} a��}�Ea�}e-�e�a�a��eps-e�-�W s-e�d��aa�ee-w�}}-�e-e�se�ved: .0 The adult bookstore shall be located at least 400 radial feet from an " rotected use" defined as: a buildin in which a m 'orit of floor s ace is used for resi ential ur oses• a da care center where such da care center is a rinci al use• a house of worshi • a ublic librar • a school ublic arochial or rivate elementar 'unior hi h or i h school • a ublic re io 1 ark or arkwa ublic ark ubli recreation center or ubli s ecialized recreation faci it as identified in the ar s and recreation element of the S int Paul com rehensive lan• a fire station• a communit reside tial facilit • a mission or a hotel motel . The distance hall be measured in a strai ht line from the closest oint of t e ro ert line of th b il in in which the adult bookstore i located to the closest oi t of the ro ert line of the buildi in which is located an aforementioned protected use. (d) �be�e-sba�}-�e-pe-aeEess-� e�-�He-�b�}d��-��-wb�Eq-�We-ase-�s }eEa�ed-�e-�be-a��ey-e►�-�e �es�dep��a��y-�eped-��e�e��y: Conditions b and or c ma e waived b the lannin co ission if the erson a 1 in for th waiver shall file with the lannin administrator a consent e ition which indicates a ro al of the ro osed adult bookstore b 90 ercent of the ro ert owners within 800 radial feet of he lot on which the use wou d be located• the lannin commission in considerin such waiver shall make the followin indin s: that the ro osed u e will not be contrar to the ublic interest or in 'urious to nea b ro erties and that the irit and intent of the ordinance will be observed• that the ro os d use will not enlar e or e oura e the develo ment of a "skidrow' area• that the establishme t of an additional use of this t e in the area will not be c trar to an ro ram of nei hborhood c nservation or im rovement ither residential or non-reside tial • and that all a licab e re ulations of this ordinance will be observed. (e) All signs shall comply wi h chapter 66 of the zoning code and with chapters 274 and 275 of t e Saint Paul Legislative Code. � No erson shall en a e i an activit or conduct or ermit an other erson to en a e i an activit or conduct in he adult bookstore which is rohi ited b an ordinance of the Cit of Saint Paul the laws of the St te of Minnesota or the Uni ed States of America. Nothin in thi ordinance shall be constru d as authorizin or ermittin conduct which is rohibite or re ulated b other statutes or ord nances includin but not 1 mited to statutes or ordinances ohibitin the exhibition s le or distribution of obscene aterial enerall or the e hibition sale or distribution of s eci ied materials to minors. N obscene work 8 y-�i-k� , �,r, �� shall be allowed. � The s ecial condition use ermit or the adult bookstore shalli be reviewed annuall to ensure that no chan e in use occurs and ha no additional adult uses are add d to the buildin containin ' the adult bookstore. ,j,h� The adult bookstore is conside ed to be one use. No two ad lt uses can be in th same buildin bu must be s aced 2640 radial eet a�art• (ei) The ase adult bookstore shall not be located within a building also used for residential purpose . 11 Adult cabarets sub 'ect to the sa e conditions listed above in 60.543 IO for adult bookstores with the bstitution of the hrase "a ult cabaret" for the hrase "adult ookstore° wherever it a ear . The adult cabaret is considered to e one use. No two adult us s can be in the same buildin but must be aced 2640 radial feet a art � Adult conversation ra arlor sub 'ect to the same conditi ns listed above in 60.543 10 for adult bookstores with the substi ution of the hrase "adult conversation r arlor" for the hrase "ad lt bookstore" wherever it a ears. The ad lt conversation ra arlor i��' considered to be one use. No two adult u es can be in the same buil i �` but must be s aced 2640 radial feet a a t. 13 Adult health s orts clubs ub 'ect to the same condition; listed above in 60.543 10 for adult book tores with the substitution of the hrase "adult health s orts club for the hrase "adult books ore" wherever it a ears. The adult heal s orts club is considered 'o be one use. No two adult uses can be in the same buildin but must b s aced 2640 radial feet aoart. 14 Adult massa e arlors s b 'ect to the same condition listed above in 60.543 10 for adult b okstores with the substitut on of the hrase "adult massa e arlor" for the hrase "adult books �ore" wherever it a ears. The adult h alth s orts club is consider d to be one use. No two adult uses can be in the same buildin but must be s aced 640 radial feet apart. 15 Adult mini-motion 'cture theatres sub 'ect to th same conditions listed above in 60.543 10 for adult bookstores with t e substitution of the hrase "adult mini otion icture theatre" for he hrase "adult bookstore" whereve it a ears. The adult mini-motion icture theatre is considered to e one use. No two adult use can be in the same buildin but must be s aced 2640 radial feet a rt. 16 Adult motion ic ure theatres sub 'ect to the ame conditions listed above in 60.543 0 for adult bookstores wi the substitution of the hrase "adult m tion icture the tre" for th ' hrase "adult bookstore" wherever it a ars. The adult motion ict e theatre is considered to be one use. N two adult uses can be in th same buildin but must be s aced 2640 ra ial feet a art. 9 �1 - �.�.x� � � , .� �.� ��/ 17 A ult steam room b�thhou�se facili ies sub 'ect to the same cond tions 1 sted above in 60.543 10 for ad lt bookstores with the sub titution o the hrase "adult steam room b thhouse facilit " for the 'rase "adult bookstore" wherever it a ars. The adult steam room athhouse facilit is considered to be one se. No two adult uses can e in the same buildin but must be s aced 640 radial feet a art. �. ther adult uses sub'ect to the same conditions listed above n 0.543 10 for adult bookstores ith the ubstitution of th � hrase "other adult use" for the hrase "adult bookstore" wherever it a ears. The other adult use is considere to be one use. No two adu 't uses can be in the same buildin but must be s aced 2640 radial feet art. (}�19) Auto repair, subject to the fol owing conditions: (a) The minimum lot area shall e fifteen thousand (15,000) square feet. (b) A ten-foot landscaped buff r with screen planting and ain obscuring fence shall be required ai ng any property line adjacent to an existing residence or adja ent to land zoned residential . {c) All repair work shall be d ne within an enclosed building. (d) There shall be no outside storage. (�220) Accessory buildings, structur s, and uses as defined in s�ction 60.201. Se tion 9. That Section 60.554, clauses , 3, 4, 5, 6, 7, 8, 9 and l0 of the Saint Paul Legislative Code be and are he eby amended to read as follaws: (2) Adult ases bookstores subject to the following conditions: (a) The ase adult bookstore hall be located at least �M�ee-bap��ed f38A� 1320 radial feet f om any other adult use in a�v municipalitv measured in a straight 1 'ne from the closest points gf the propertv lines of the buildings i which the adult uses are located. (b) The ase adult bookstore shall be located at least e�ie-hapd�e�-E}Ae; 400 radial feet from an �es�dep��a�-ase residential�lv zoned ro ert in an munici lit measured in a straigh� line from the closest point of the r ert line of the building in which the ase adult bookstore is loca ed to the �a�}d�p�-�p-wq�Eb��be-�es�de�a��a} ase-�s-}sEa�ed closest esidentiall zoned ro ert 1ine. � The adult bookstore sh 11 be located at least 200 r� dial feet from an " rotected use" d fined as: a buildin in whi ' a ma 'orit of floor s ace is used fo residential ur oses• a da care center where such da care ce ter is a rinci al use• a h use of worshi • a ublic librar • a sc ool ublic arochial or ivate elementar 'unior hi or hi h school • a ublic e ional ark or arkwa ublic ark ublic recreation center or ublic s ecialized recreatio facilit as identified in t e arks and 10 � a�-�,� , . -. . . . �=l/ recreation element of the S int Paul com rehensive lan• a fire station• a communit reside tial facilit • a mission or a hotel motel . The distance hall be measured in a strai t line from the closest oint of t e ro ert line of the buil in in which the adult bookstore i located to the closest oi t of the ro ert line of the buildi in which is located an af rementioned protected use. (d) Conditions b and or c ma b waived b the lannin co ission if the erson a 1 in for th waiver shall file with the lannin administrator a consent e ition which indicates a rov+ 1 of the ro osed adult use b 90 rcent of the ro ert owner within 400 radial feet of the lot on hich the use would be locat d• the lannin commission in co siderin such a waiver sha 1 make the followin findin s: that t e ro osed use will not be ontrar to the ublic interest or in ' rious to nearb ro erties and that the s irit and intent of the o dinance will be observe • t at the ro osed use will not enla e or encoura e the develo ent of a "skidrow" area• that the stablishment of an additiona use of this t e in the area will not be contrar to an ro r m ` nei hborhood conserv tion or im rovement either resi n ial o non-residential • and that all a licable re ulations f thi ordinance will be observe . (de) All signs shall comply wi h chapter 66 of the zoning �ode and with chapters 274 and 275 of t e Saint Paul Legislative Code. � No erson shall en a e in an activit or conduct or ermit an other erson to en a e i an activit or conduct in ' he adult bookstore which is rohi ited b an ordinance of th Cit of Saint Paul the laws of the St te of Minnesota or the Uni ed States of America. Nothin in thi ordinance hall be constru `d as authorizin or ermittin conduct whi h is rohibite or re ulated b other statutes r ord nances includin but not 1 mited to statutes or ordinances ohibitin the exhibition s le or distribution of obscene aterial enerall or the e' hibition sale or distribution of s ecified material to minors. N bscene work shall be allowed. � The s ecial condition u e ermit for the adult book tore shall be reviewed annuall to en ure that no chan e in use o 'curs and that no additional adult use are added to the buildin ontainin the adult bookstore. � The adult bookstore is onsidered to be one use. N two adult uses can be in the same buil in but must be s aced 320 r dial feet aaart• (Ei) The ase adult boo stor shall not be located withir� a building also used for residential p rposes. ,u Adult cabarets sub 'ect to t e same conditions listed ab ve in 60.5 4 2 for adult bookstores with he substitution of the hra e "adult cabaret" for the hrase "a ult bookstore" wherever it " ears. The adult cabaret is considere to be one use. No two adulrt u es can be in 11 �{-. i� - k'� .� . . � � � . �� i � the same buildin but must be s a ed 1320 radial feet a rt. � � dult conversation ra arlors su 'ect to the same conditions' listed above in 60.554 2 for adult book tores with the substitutio of the hrase "adult conversation ra rlor" for the hrase "adult ookstore" wherever it a ears. The adult onversation ra arlor is c sidered to e one use. No two adult uses c n be in the same buildin b t must be spaced 1320 radial feet apart. �5,� Adult health s orts clubs sub 'ec to the same conditions lis ed above in 60.554 2 for adult bookstores ith the substitution of the hrase "adult health s orts club" for t e hrase "adult bookstore" her ver it a ears. The adult health s or s club is considered to be o e use. No two adult uses can be in the sa e buildin but must be s ac 1320 radial feet apart. � Adult massa e arlors sub'ect t the same conditions list d above in 60.554 2 for adult bookstores with the substitution of th hrase "adult massa e arlor" for the hrase "adult bookstore" whe ever it a ears. The adult health s or s club is considered to be ne use. No two adult uses can be in the s e buildin but must be s ac' d 1320 radial feet apart. �, Adult mini-motion icture thea res sub'ect to the same con itions listed above in 60.554 2 for adult b okstores with the substitu ion of the hrase "adult mini-motion ict re theatre" for the hrase adult bookstore" wherever it a ears The adult mini-motion ic ure theatre is considered to be one use. o two adult se can b in he same buildin but must be s aced 13 0 radial feet a art. .� Adult motion icture theatres sub 'ect to the same conditi s listed above in 60.554 2 for adult ookstores with the ubstit tion of the hrase "adult motion icture heatre" for th hrase "ad bookstore" wherever it a ears. The adu t motion icture theatre is :considered to be one use. No two ad lt use can be in the same buildin but must be s aced 1320 radial feet a art. � Adult steam room bathhouse f ilities sub'ect to the sameiconditions listed above in 60.554 2 fo adult bookstores with the ubstitution of the hrase "adult steam room bathhouse facilit " for the hrase "adult bookstore" wherever it ea s. The adult steam room ba hhouse facilit is considered to be one use. No two adult uses can be i the same buildin but must be s aced 320 radial feet a art. 10� Other adult uses sub'ect to he same conditions listed a ove in 60.554 2 for adult bookstor s with the substitution of the hrase "other adult use" for the rase "adult bookstore" wherewer it a ears. The other adult use is cons'dered to be one use. No tw adult uses can be in the same buildin but must be s a ed 1320 radial eet a art. Section 10. That Section 60.563, clause 2, 3, 4, 5, 6, 7, 8, 9 and� 10 of the Saint Paul Legislative Code be and are ereby amended to read as fo;�lows: 12 �l-3�-k�'r . , _ � .� � �. �'-4/ (2� Adult ases booksto'res subject t the following conditions: (a) The bse adult bookstore sh 11 be located at least �q�ee-Mapd�e� E3AA� 1320 radial feet fro any other adult use in anv;municipalitv measured in a straight lin from the closest points of�the propertv lines of the buildings in hich the adult uses are located. (b) The ase adult bookstore shall be located at least e�ae-ha�d�ed-{}AA} 400 radial feet from any es�de��a�-ase residentiallv; zoned ro ert in an munici alit measured in a straight line from the closest point of the ro rt line the building in ��which the ase adult bookstore is locate to the �a�}d�p�-�p-wM�eb-� e-�es�de��a} ase-�s-}eea�ed# closest r sidentiall oned ro ert �ine. � The adult bookstore shall be located at least 200 rad al feet from an " rotected use" defi ed as: a b ildin in which ma 'orit of floor s ace is used for r sidential ur oses• a da c`re center where such da care cente is a rinci al use• a hous of worshi • a ublic librar • a schoo ublic arochial or riv te elementar 'unior hi h o hi h school • a ublic re ' on 1 ark or arkwa ublic ark ub ic recreation center or ub ic s ecialized recreation f cilit as identified in the ` arks and recreation element of th Saint Paul com rehensive 1' n• a fire station• a communit residential facilit • a mission '� r a hotel motel . The distan e shall be measured in a str�ai ht line from the closest oint o the ro ert line of the b ildin in which the adult bookstor is located to the closes int of the ro ert line of the bui din in which is located an 'aforementioned protected use. (d) Conditions b and or c ma be waived b the lannin ommission if the erson a 1 in for he waiver shall file with t e lannin administrator a con ent etition which indi ates a oval of the ro osed adult use b 90 ercent of the ro ert own rs within 400 radial feet of the lot n which the use would be loc ted• the lannin commission in considerin such a waiver all make the followin findin s: tha the ro osed use will not contrar o the ublic interest or n 'urious to nearb ro erti and that the s irit and intent of th ordinance will be observed that the ro osed use will not e lar e or encoura e the deve o ment of a "skidrow" area• that th establishment of an additi 'nal use of this t e in the area will n t be contrar to an ro ra of nei hborhood conservati n or im rovement either re idential or non-residential • and th t all a licable re ulation of this ordinance will be obser ed. (de) All signs shall comply ith chapter 66 of the zonin� code and with chapters 274 and 275 o the Saint Paul Legislative �Code. Lf,� No erson shall en a in an activit or conduct I ermi an other erson to en a e in an activit or conduct i the adult ' bookstore whi h is ro ibited b an ordinance of e Cit of Saint Paul the laws of the tate of Minnesota or the U 'ited States of America. Nothin in t is ordinance shall be const ued as authorizin or ermitt n conduct which is rohibi ed or re ulated 13 �}-��.� � . . � � � �-9l b ther statutes or ordinances inc udin but not limited to sta utes or ordin nces rohibitin t e exhibition sale or distribution of obscene material e erall or the exhibition s le or distribution of s ecified materi ls to minors. No obscene w rk shall be allowed. � The s ecial condition use ermit f r the adult bookstore shall e reviewed annuall to ensure that n chan e in use occurs and t 'at no additional adult uses are added to the buildin containin 'he adult bookstore. �, The adult bookstore is considered to be one use. No two adul uses can be in the same buildin but m st be s aced 1320 radial fe t �part• (Ei) The ase adult bookstore shall no be located within a buildirug also used for residential purposes. � Adult cabarets sub 'ect to the same c nditions lis ed above in 60. 63 2 for adult bookstores with the subst tution of the hrase "adult cab ret" for the hrase "adult books ore" wherever it a ears. he adu t cabaret is considered to be on use. No two adult uses ca be in the same buildin but must be s ace 1320 radial feet a art. .�4,� Ad lt conversation ra arlors sub' ct to the same conditions 1 sted ab ve in 60.563 2 for adult bookst res with the substitution f the hrase "adult conversation ra arlor" for the hrase "adult bo kstore" wherever it a ears. The adult co versation ra arlor is con idered to be one use. No two adult uses can be in the same buildin but must be s�aced 1320 radial feet apart. � Adult health s orts clubs sub 'ect to the same conditions list d above in 60.563 2 for adult bookstores w th the substitution of the hrase "adult health s orts club" for th hrase "adult bookstore" w erever it a ears. The adult health s ort club is considered to e on" us . No two adult uses can be in the sam buildin but must be s ace ' 1320 radial feet apart. u Adult massa e arlors sub 'ect t the same conditions listed bove in 60.563 2 for adult bookstores with the substitution of th hrase "adult massa e arlor" for the hrase "adult bookstore" wherever it a ears. The adult health s or s club is considered to be ne use. No two adult uses can be in the s e buildin but must be s ac d 1320 radial feet apart. ,� Adult mini-motion icture thea res sub 'ect to the same con itions listed above in 60.563 2 for adult b okstores with the substitu ion of the hrase "adult mini-motion ic ure theatre" for the hrase adult bookstore" wherever it a ear . The adult mini-motion i 'ture theatre is considered to be one use. No two adult uses can be in 'the same buildin but must be s aced 1 20 radial feet a art. � Adult motion icture theatre sub 'ect to the same conditi� ns listed above in 60.563 2 for adult bookstores with the substi 'ution of the hrase "adult motion icture theatre" for the hrase "ad "lt bookstore" 14 �- �.�-k� � . �.� . �. . �'- 9/ wherever it a ear's. The adult m tion icture theatre is con idered to e one use. No two adult uses ca be in the same buildin bu m st be �paced 1320 radial feet apart. u Adult steam room bathhouse facilities sub 'ect to the same co itions isted above in 60.563 2 for ad lt bookstores with the sub titution of he hrase "adult steam room bat house facilit " for the hr se "adult bookstore" wherever it a ears. The adult steam room bathho se facilit is considered to be one use. No two adult uses can be in th ' same uildin but must be s aced 132 radial feet a art. 10 Other adult es sub 'ect to the ame con ition list d ab v in 60.563 2 for adult bookstores ith the substitution of the hrase "other adult use" for the hrase "adult bookstore" wherever t a ears. The other adult use is considere to be one use. No two adu�. t uses can be in the same buildin but must be s aced 1320 radial f t art. Sec ion 11 That section 60.622, clause 1 o the Saint Paul Legislative Code be and is hereby amended to read as follows: 60.622. Principal uses permitted. I an I-2 Industrial District the use of land, the location and erection of ne buildings or structures and the alteration, enlargement, and moving o existing buildings or stru�tures from other locations or districts shall co form to the following speci�ied uses, unless otherwise provided in this cod : (1) Any uses permitted in the -1 District as "principal u5es permitted" and "principal ses permitted subject to sp�cial conditions" exce t for ad lt bookstores adult cabare s ad lt conversation ra arlors dult health s ort clubs ad lt massa e arlors adult mini-motion icture theatres adult motion icture theatres adult steam roo bathhous facilities an o er adult uses. provided that they eet at least the minimum conditions imposed in each district. Se tion 12. That Section 60.624, clauses 4 5, 6, 7, 8, 9, 10, 11 and �2 of the Saint Paul Legislative Code are here y amended to read as follow,�: u Adult bookstores sub 'ect to th followin conditions: jal The adult bookstore shall be located at least 2640 ra ial feet from an other adult use in an munici alit meas red in a strai ht line from the closest oints f the ro ert lines of the ' uildin s in which the adult uses are located. .(� The adult bookstore shall be located at least 800 ra ial feet from an residentiall zoned ro ert in an munici alit � measured in a strai ht line from the c osest oint of the ro ert !line of the buildin in which the ad lt bookstore is located to he closest residentiall zoned ro rt line. 15 Ll-zi-$k' � �. �-!! �, The adult bookstore shall be 1 cated at least 400 radi 1 f t from an " rotected use" defined a : a buildin in which a ma ' rit of floor s ace is used for reside tial ur oses• a da care c n er where such da care center is rinci al use• a house of orshi • a blic librar • a school blic arochial or rivate element r 'unior hi h or hi h school • a ublic re ional ark or arkwa ublic ark ublic ecreation center or ublic s ecialized recreation facili as identified in the ark and recreation element of the Sai t Paul com rehensive lan• fire station• a communit resident'al facilit • a mission or a' hotel motel . The distance shall be measured in a strai h line from the closest oint of th ro ert line of the buildi in which the adult bookstore is located to the closest oin ' of the ro ert line of the buildin in which is located an afor�ementioned protected use. jdl Conditions b and or c ma be waived b the lannin comm ssion if the erson a 1 in for the aiver sh 11 file with the annin administrator a consent et'tion which indicates a rov l of the ro osed adult bookstore b 90 ercent of the ro ert wners within 800 radial feet of t e lot on which the use w ul be located• the lannin commi sion in considerin such a:waiver shall make the followin fi din s: that the ro osed us' will not be contrar to the ublic i terest or in 'urious to near ro erties and that the s irit and intent of the or i ' nce will be observed• that the ro ose use will not enlar e or en 'oura e th develo ment of a "skidrow" area• that the establishmen of an additional use of this t in the area will not be co trar to an ro ram of nei hborhood co servation or im rovement e ther residential or non-residen ial • and that all a licabl re ulations of this ordinance will be observed. ,�gl All si ns shall com 1 wi h cha ter 66 of the zonin de and with cha ters 274 and 275 of t e Saint Paul Le islative Co e. u No erson shall en a e in an activit or conduct or ermit an other erson to en a e in an activit or conduct in he dult bookstore which is rohi ited b an rdinance of the Cit of Saint Paul the laws of the St te of Minnesot or the Uni ! d States of America. No hin in thi ordinance shall be constru a authorizin or ermittin conduct which is rohibite or re ulated b other statutes or ord nances includin but not l mited to statutes or ordinances ohibitin the exhibition s' le or distribution of obscene aterial enerall or the e hibition sale or distribution of s ecified materials to minors. N obscene work shall be allowed. .(g� The s ecial condition u e ermit for the adult book tore shall be reviewed annuall to en ure that no chan e in use o curs and that no additional adult use are added to the buildin ontainin the adult bookstore. �h.� The adult bookstore is considered to be one use. o two adult uses can be in the same bui din but must be s aced 264 radial feet a�art• 16 �"-�.r•s� . ��r-�! u The adult bookstore shall n t be located within a build n also u ed for resid ntial ur os . ,� Adult cabarets sub 'ect to the sa e conditions listed above i 60.624 4 for adult bookstores with the s bstitution of the hrase " ult cabaret" for the hrase "adult b okstore" wherever it a ear . The adult cabaret is considered to one use. No two adult u can be in the same buildin but must be s aced 2640 radial feet a art. � Adult conversation ra arlors ub 'ect to the same conditio s listed above in 60.624 4 for adult bo kstores with the substitut on of the hrase "adult conver tion ra arlor" for the hras "adul bookstore" wherever it a ears. The adult conversation ra arlor is onsidered to be one use. No two adult uses an be in th same buildin must be s�aced 2640 radial feet apart. � Adult health s orts clubs sub 'e t to the same conditions li ted above in 60.624 4 for adult bookstores with the substitution of th hrase "adult health s orts club" for he hrase "adult bookstore"�� wherever it a ears. The adult health s o s club is considered to be " ne use. No two adult uses can be in the s e buildin but must be s aced 2640 radial feet apart. � Adult massa e arlors sub'ect o the same conditions liste above in 60.624 4 for adult bookstores with the substitution of t e hrase "adult massa e arlor" for the hrase "adult bookstore" wh rever it a ears. The adult health s o ts club is considered to 'be one use. No two adult uses can be in the s me buildin but must be s a ed 2640 radial feet apart. � Adult mini -motion icture thea res sub 'ect to the same con itions listed above in 60.624 4 for adult b okstores with the substitu ion of the hrase "adult mini-motion ict re theatre" for the hrase "adult bookstore" wherever it a ears. The adult mini-motion icture theatre is considered to be one use. No two adult uses can be in the same buildin but must be s aced 2 40 radial feet a art. 10 Adult motion icture theatres sub 'ect to the same conditi ns listed above in 60.624 4 for adult ookstores with the substit tion of the hrase "adult motion icture heatre" for the hrase "adu t bookstore" wherever it a ears. The adu t motion icture theatre is considered to be one use. No two adult use can be in the same buildin but must be s aced 2640 radial feet a art 11 Adult steam room bathhouse fa ilities sub 'ect to the same conditions listed above in 60.624 4 for adult bookstores with the ubstitution of the hrase "adult steam room athhouse facilit " for the hrase "adult bookstore" wherever it a ears. The adult steam room bat house facilit is considered to be one use. No two adult uses can be in" the same buildin but must be s aced 640 radial feet a art. 1 Other adult uses sub 'ect to he same conditions listed alove in L?1 60.624 4 for adult bookstor s with the substitution of the hrase "other adult use" for the h ase "adult bookstore" where er it a ears. 17 �� ,� WHITE - CITV CLF�2K PINK - FINANCE � COUIICll ' CAN/WZV - DePARTMEN,+ - CITY OF AINT PAUL File NIO. ��'–� I BIUE -MAVOR Ord ndnce Ordinanc�,N�. Presented By Referred To Committee: Date Out of Committee By Date The other adult use is considered to be one use. No two adult uses can be in the same buildin but must be s aced 26 0 radial feet a art. Secti n 13 Every section, provision or part f this ordinance is declared to be separate from every other section, prov'sion or part; and if any section, provision or part shall be held invalid, the invalidity shall extend only to the section, provision or part involved and shall not affect any ot�er, and the remainder of this ordinance shall main in full force and effect to be const rued as a whole. Section 14 � This ordinance shall be in force and take effect thirty (30) idays from and after its passage, approval and pu lication. COUNCILMEN Requested by Department of: Yeas Nays � — re �lAM O�� ;a �oN� In Favor R maa,��i7� eibel �2ET7Manf'—t/Ay `._,> B ° nen So�N EN Against Y � esco „�t�-so�t i son S G{��g�L 1'UiY � 9 ��UC7 Form Approved by City Attorne Adopted by Council: Date Certified Pa s ou ' S e ry BY By Appr Mayo . D �Y Approved by Mayor for Submis ion to Council � By�� By 'UB1fSHf0 MAY 2 1 1988 4. 1,,g� ' 4 ; i ��' �� 4 � �� CITY OF � INT PAUL ' s_S� �� li 'ii OFFICE OF T CITY COIINOIL WILLIAM L. WILSON MARK VOEROING Ci0IIIIC111l18II Legislative Alds T0: City Councilmembers � FROM: Bill Wilson � DATE: May 5, 1988 RE: Amendment to Council F le 88.91 The purpose of this proposed am ndment is to reduce th� impact of adult uses on �public housing pr ,�ect properties. Amend Section 8, 10, (b) to rea : ,�-� (b) The ad�lt use bookstore shall be located at least we F�ctndred f�99} 80U radial feet from any residentially zone property in a� munic,.i�ality,, measure in a straiaht line from the closest point o_f the property_ line of the buildin� in which the adult use booksto e is located in th� closest residentially zoned prap rty line; exce�t the " adult use boakstore shall be locat d at least�2t640 radial ; feet from a� pub 1 i c hous i nq pro,,�ect, i n a� mun i c i�a 1 i tv�. me�sured i n a straight _line from the clo est �oint of the proper�tY line of the buiidi_n� in which the adult use bookstore is fiocated to the c 1 osest . pub 1 i c hous i n_g ro ect �ropert� 1�,1 ne. �a+s ea�+el+�i�eR r�aa l�e wafived y �be ��-BRR�FfE! ee�n�#ss�eR fif �be persen epp�y+ng fe� �he w fiae�° s�e�� fi-�e w#�b ��t {�a-BRRfiR� 8CIfl1�R�Z�PO�e1° f3 CeF13@R'� p �-��-9R Od�'IfiC�°t �-R��CB�E.".J � 819PPe�@} ef �be �repesed a�Jd�� d e bb 98 t�e�°eeR� ef ��ie prepertp ewner°s H#�h�-�r �89 1°8P�fi6� fee� ef �be �e� eR wh�e�b �be ase Mf9tl�d 19P. �-BeB�Cel? �19@ H�-8R �-REJ e9fl1RIfi33fi9R,- �8R3�-eId'1°-1-Rg 9tICp1 9 r+afver°; sMa+� �na4�� F�e fe -}-eMfiR� �fiRf�tRQS:- �F+a� �+b� prepe�ed ase �r�}} ne� b� eeA�re�p e �be I�ab��e fiR�eres� br +n#ar�eds �e r�eat°bp preper��-e9,- eRe1 �ba� �be s�fir+� anel �n�eR� ef �be e�-eltnsRee wfi�� I�e e�se�°�t el= �be� �F�e p�pesed e�e a++� ne� ` en�arge er e�eodree�e �I�e eae+epmen� of a '�sk#el �°ewu erea# �Fte� �he es�ab�#sbe�en� e �n add��#eRa� ase e� �p#s ��+pe t�► �ae e�°ea wt�+ ne� �e een��° rb �e eRq �raa+°a�n ef �e�-ghberpeeel ee�se�r�e�#eA er �-�n�rerte� �+�.- efi�kte�° �°es#deR��-�►� er ReR- �estele��e� er�d �Ha� e+� a��+#eeb+e �°ee�d�e�#er�� ef �h�-� er�d+neRee wfi+� be eHse�ae .- � Amend Section 12, 4 (b) to re d: (b) The aduit use bookstore s all be located at least �vae pandreel f�69} 800 radial �feet fr m any residentially zon d property in " anY municipalitY, measu ed in a straight lin from the closest point of the ro ert line of the buildi�g in which � the adult use bookst re is located in t�he closest � . CTTY HAL�. SEVENTH FLOOR SAINT PAUI.� MINNESOTA SS10� 612/298-4646 s�as ; � . . • residentially zoned pro erty line; �exce t the, adult use bookstore shall be loca ed at least 2,640 radia1 feet from an�i eub 1 i_c hous i n�. -Lro�,j,ec i n a� mun i c i pa 1 i tv, m asured i n a straiqht line from the cl sest �oint of the ro e t line of the build,i.n� in which th adult use bookstore is; located to the closest �ublic hou in proj_ect property line.� ��ts eend�-��-eR r�ay be we�-deel L�y �i�e {'��BRRfiRQ ea�nr�tss�i-ert tf �I�e �e�°seA a��-Fp-��g �e� �I�e a�-ve�° spa�� -�e w�-�h �°►e ��-8f1R'1'RE! 8�M11fi19fis�P8�eP 8 �9fl3GR� @�t'�fi9R 1d�"Ifie�`t fiR�fie@�@3� 8{9�P9H8-}- ef �1�e ��°epesed aele�� se l�p 99 �er°eeR� ef �e �re�e�°�p ewRe�°s Wfi�I'tfiR �99 P8CIfi8 fee� ef �he �e� a� wk��?el� �I�e ase Hed�el be �eea��e!: �t�e p�� R�-r�g Cefll�ifi9�fi6R; eeR3tEIe'PfiR� seeh e M@fi'dGi°.- �S�"19��- RiQItE ��°I@ � ��-eMfiR� �fiR�fiR��': ��'t8� '��'IC Pi°0�9'@� ase Wfi�� R6� �@ eeA��°a�°p �e ��i@ {9t3�-�-fie fiR�E'1'@8� �P fiflfit3Pfi8Cs �e Reerby p�°e�e��-f-es,- e�t �l�� pe 319fiPfi� eRel fi��ert� ef �he erel�-RaRee wt�� be ebs��° ed; �pe� �t�e ��°�eseel ase tirt�} Re� eR�a�°ge e�° eAeed�°ege �He eleae�ep�+eR� ef 8 u3ltfie{ �i �°ewu et°ee; �I`i8� ��1E' e3�8b�fi3I9eR1GR� � 8R BEId�T-�fi@R8�- tl3@ e� '��°tfi3 �ppe tR �°tE 81°E8 Wfi-}--�- R@� bE eeR� 8P`9' �e 8R'9` {9i°eEfi°8FR e� Aefie�pl�e�°t�eee! eeASe��ta�fieA e�° fir�t�r�eae eR�,- efi�t�e�° res�-eleA��e-F ar R�R- �esfiele�►�-i-e� aAel ��ia� a � et�1�+-i-eab�e �eae�e�-i-er�s e� �I�fi� ePelfiAer�ee w�-�� be ebse�°ve .- ;: � �'�,q� :_ , � _ �d , s.�`tTT °'• � ; CITY OF SAINT PAUL ° �� DEPARTME T OF PLANNING AND ECONQMIC DEVELOPMENT �`o ��m �c'y� DIVISION OF PLANNING • 25 West Founh Street,Saint Pwl,Minnesofa 55102 ,•s• 612-22&3270 GEORGE LATIMER MAYOR May 18, 1988 President James Scheibel and Members of the City Council 7th Floor City Hall Saint Paul, l�i 55102 Dear President Scheibel and Members of the City Council: On May 5, the City Council asked th Planning Commission to eva�'uate the two adult entertainment zoning alternat'ves that the City Council i� currently considering--Alternative A (the "Wi son/Planning Commission Proposal) and Alternative B (the "Wilson/Sonnen P oposal") , and to return com�ents to the Council by May 19. The Zoning Comm ttee discussed the two propmsals on May 12 and on May 13 the full Planning Co ission adopted the following motions: 1. To recommend that either Alter tive A or Alternative B is p�referable to the existing zoning and should e passed by the City Council; before the moratorium on new adult uses ex ires. Passed 18-0. 2. To recommend Alternative B as t e alternative preferred by �he Planning Commission. Passed 17-1. 3. To recommend that the Planning ommission evaluate any new �dult entertainment zoning ordinance n one year, and include in its evaluation a study of whether distance req irements between adult uses�and residential areas can be furthe increased, and whether add�.tional "protected uses" such as shelte ed workshops should be iden�ified. Passed 18-0. i A formal resolution is being prepa ed to reflect these three m �tions and will be approved at the next meeting of the Planning Commission. � Attached is a copy of the staff re ort concerning the two alte�}natives which was prepared for the Planning Comm ssion. Sincerely, '��1 I /� � ' � Peggy A. Reichert i Deputy Director for Planning I PAR/r'IEV/bP I cc: Mayor Latimer Jerry Seg 1 i Ken Johnson Phil Byr i Gerald Strathman A1 Olson Jan Gasterland i . �e�C t t 7 01►jr CITY OF SAINT PAUL � ��„�� Q DEPARTME T OF PLANNING AND ECONbMIC DEVELOPMENT � h DIVISION OF PLANNING 25 West Fou�th 5heet,Saint Paul,Minnesota 55102 ��• 612-22&3270 GEORGE LATIMER MAYOR MEMORANDUM T0: Zoning Committee and the rest of the Plan ing Commission ; FROM: Mark Vander Schaaf �E � � Lar Soderholm1 � � YJ' t,,� DATE: May 10, 1988 SUBJECT: Adult Entertainment Zoni g Alternatives The following is a draft staff repor which is still undergoing �review and may be revised prior to Thursday's Zoni Committee meeting. I. INTRODUCTION AND RE UESTED ACT ON On May 5, 1988, the City Coun il voted to defer for two weeks a vote on a proposed adult entertainmen zoning amendment to allow �itizens more time to review the proposal. e City Council also reques�ted the Planning Commission to review and comment on the proposal 'during the two week layover. The proposed amendment had be n recommended to the City Co�uncil by the City Council's Housing and Ec nomic Development Committee. This proposal differs in several w ys from an earlier proposal which had been recommended by the Planning C mmission in 1987. Consequeil►tly, the following staff report evalua es the new proposal in comp�rison to both the existing zoning regulatio s and the older proposal. Iteference to the two proposed amendments w 11 be as follows: Alternative A: The "Wil on/Planning Commission Propolsal"--the proposal recommended by the Planning Commission in 1987, based on a 1986 proposal by Coun ilmember William Wilson. Alternative B: The "Wil on/Sonnen Proposal"--the pr�posal recommended by the Hous ng and Economic Development Committee, based on a compromise b tween Councilmember Wilson and Councilmember Kiki Sonn n, the chief critic of the �arlier proposal. The staff suggests that the P anning Commission evaluate the strengths and weaknesses of the two pro osals and pass a resolution conveying its comments to the City Council. 1 - � II. Y TWO N V Current Zoning o Standards apply equall to all types of adult uses. oAllows multi-functiona adult uses. o Adult uses permitted b th outside of downtown (B-3, I-1 and I-2 zones) and downtown (B-4, B-S zones) . oSpacing between adult ses: - 1320 feet in B- , I-1 and I-2 zones. - 300 feet in B-4 and B-5 zones. o Distance between adul uses and residential areas: - 200 feet to re idential zones in B-3, I-1 and I-2 zones. - 100 feet to re idential uses in B-4 and B-5 zones. oNo "protected uses". o Special Condition Use Permit required. Alternative A o New standards apply o ly to adult bookstores, motion picture theatres, mini-motion picture theatres and cabare�ts (current zoning standards woul apply to adult massage par,lors, health clubs, saunas and con ersation/rap parlors) . oAllows multi-functio 1 adult uses. oAdult uses permitted nly in industrial zones (I-1 and I-2 zones) . o Spacing between adul uses: 1320 feet. oDistance between adu t uses and residential areas: - 1320 feet to r sidential zones. - 1320 feet to " rotected uses" outside of �esidential zones. o"Protected uses" inc ude residences, community r�sidential facilities, missions day care centers, houses o� worship, public libraries, sc ools, public parks, public laygrounds, public recreation ce ters and public athletic faCilities. 2 oDistance between adul uses and retail/service bu�inesses: 50 feet. oSpecial Condition Use Permit required (note: the Planning Commission had recomm nded that the Special Condition Use Permit not be required but C ty Council sentiment was otherwise) . Alternative B oStandards apply equal y to all adult uses. oProhibits multi-funct onal adult uses. oAdult uses permitted oth outside of downtown (B-�, I-1 and I-2 zones) and downtown ( -4 and B-5 zones) . oSpacing between adult uses: - 2640 feet in B 3, I-1 and I-2 zones. � - 1320 feet in B 4 and B-5 zones. ; o Distance between adul uses and residential areas�: - 800 feet to re idential zones in B-3, I-1 I�nd I-2 zones. - 400 feet to "p otected uses" in B-3� I-1 a�tld I-2 zones. - 400 feet to residential zones in B-4 and BI-5 zones. � - 200 feet to " rotected uses" in B-4 and B-5 zones. o"Protected uses" inc ude residences, community r�sidential facilities, missions day care centers, houses of worship, public libraries, sc ools, public parks, public playgrounds, public recreation ce ters, public athletic facilities, fire stations and hotels/ otels. oNo distance requirem nt between adult uses and retail/service businesses. oSpecial Condition Us Permit required--must be renewed annually. III. ISSUES ' 1) Deconcentration or Se aration from Neighborhoods , Municipalities which egulate adult entertainmentlthrough zoning must choose between o broad policy ob�ectives--deconcentration, or the separation of dult entertainment from resldential neighborhoods. Given existing land use patterns �and 3 constitutional guidelines, developed communities cannct maximize both policy ob�ectives. o�unity leaders must make �ough choices to find an acceptable ba ance between the objective af deconcentrating adult bu inesses and the objective o� keeping them away from residential ar as. The following discussion analyzes the main features 4f the two � proposed adult entertai ent zoning ordinances that �re being considered in Saint Paul using accepted land use an$ zoning principles. This analys s relies in particular on a nationwide study of adult entertai ent performed by the City of Indianapolis. Based on his study, staff has developed a simple model of the negative la d use impact of a single, i�olated adult use. a) Sufficiency of Di tance and Spacing Requireme�ts. The following res lts are obtained from the m�del of the negative land use impact of a single, isolated adult business: Sufficiency o Protection from the Negative Impact of Single, Isolated Adult IIsef Current Alternative Alternati�e Zoning A B ---------------------------------- ----------------------------- Spacing Between Fair Fair Good Adult Uses ---------------------------------- ----------------------------- Distance to Minimal Good Fair Residential Zones ---------------------------------- ----------------------------- Distance to None Good Minima� Protected Uses ---------------------------------------------------------------- Categories: None, Minimal, Fair, ood, Optimal The above matri yields some useful conclus�ons: o Both pro osed alternatives are superior to the current oning standards. Alternati�e A is superior in two o t of three categories; Alternative B is superior in all three categories. o Neither of the proposed alternatives, achieve an optimal level of protection in any siingle category. oBoth pr posed alternatives balance slpacing between adult u es and distances to residen�ial zones. That is, alt ough Alternative A emphasiz s protection of residen ial areas and Alternative B emphasizes deconce tration, neither seriously acrifices the 4 other poli y objective to achieve its end. oWithin thi framework, Alternative A appears preferable insofar as it offers significantly more protection to "protected uses" outside of residentia zones than does Alternativ� B. However, this model applies only to single adult uses and does not c nsider the more serious land use impact which a mu ti-functional adult entertainment complex would like y have. This topic is discussed in the � following ection. b) Sufficiency of Li its on Multi-Functional Adu�t Uses. The current zonin standards and Alternative p both permit multi-functional dult uses. That is, each w�buld allow a facility which co bines an adult movie theatrl�, an adult bookstore, an adu t cabaret and any number of' other types of adult entertainme t in a single business locakion. Alternative B exp icitly prohibits more than bne type of adult use per loc tion. I � The federal cour s have accepted the legal p nciple that a prohibition of m lti-functional adult uses c be a valid way of deconcent ating adult uses (Hart Book ores c v Edmisten; 612 F. d 821--1979) . Staff has el ewhere outlined an argument why multi-functional adult use could be the equivalent of se arate adult businesses in c ose proximity to one another ( ee Adult Entertainment 1988� pp. 5-8) . Relative to the ssue of multi-functional ad�llt uses, three important points must be stressed: oThe model used above to evaluate the �Sxisting zoning and the p oposed alternatives does noG apply to multi-f tional adult uses which have a more serious gative land use impact than: single- function dult uses. Thus, it could be that there are grea er negative land use i�pacts at a distance of 1320 eet from a multi-functional adult use than there ar at a distance of 800 feet from a single- function adult use. Indeed, the past experience of Saint Pa 1 supports this conclusion. In 1986, serious treet prostitution problems �extended for four blo ks (2640 feet) on either side of the concentr tion of four adult uses (twa of them multi- function 1) at University and Dale. �None of Saint Paul's o her 15 deconcentrated, sing�e-function adult us s were associated with simi�ar problems. o The econ mic law of supply and deman� makes it likely t at restrictive zoning will �ngender one or more mul i-functional adult uses. A� zoning for adult us s becomes increasingly resttictive, the number o commercially attractive si�es for adult business s becomes smaller. An entr�ipreneuer would 5 • likely be w lling to pay more for an at�ractive site knowing tha few, if any, attractive alternative sites exist in the city. Given a virtwial monopoly on new adult entertainment in Saint Pati'1, the entreprene r could then recoup his investment by creating a large, multi-functional fac�lity. o Alternativ B is superior to the curre�t zoning and to Alterna ive A insofar as it would pxohibit multi- functional adult uses. However, there may be social costs acco panying the benefits of cho4sing Alternativ B. - It is possible that a greater numt�er of new adult businesses would locate in $sint Paul if multi functional adult uses are p�ohibited. - For examp e, rather than establishing a single adult books ore/movie theatre complex, �n entrepreneur might open a separate bookstore a�d movie theat e in different parts of the�� city. On the other hand, the effect could also';be the oppos te. If only a multi-functi�nal facility were udged to be profitable, the,; entrepreneur might not open any adult business� in Saint Paul under Alternative B. - If t result of Alternative B is;; a larger numb of adult businesses in the� city, a coro lary is that more of the city will suffer the onsequences of being in pro�imity to an adul use. City decision makers will need to deci e if this scenario is bettex or worse for the ity than the alternative of a smaller numb r of people bearing a great�ir cost. 2) Vulnerability of Como/ ale Under Alternative B Considerable concern h s been expressed by residen�s of the North End that Alternative B makes the Como/Dale area eligible for adult uses. Some of this co cern has been based on misi�formation and rumors of an adult bus ness obtaining property at 8 site where adult uses would not b permitted under Alternative B. Nevertheless, it remai s the case that adult uses �could technically be permitt d on a portion of the Saint Paul Foundry property bounded by t Burlington Northern tracks; on the south, Dale Street on the wes , Topping and Atwater Stree�ts on the North, and Como Avenue on th East. The development of an adult use at this site woul � be unlikely because, under curren property configurations, n adult use would be permitted there by Alternative B. Because dis ance requirements (between adult uses and residential ones or protected uses) would be measured from property 1 'ne to property line, the entire prop rty must be eligible for an adult use for any of the property t be eligible. In short, a ot split (and a street extension) req iring City Council approvalPtaould be 6 • • necessary for an adult se to be permitted at the S�int Paul Foundry site. No site ould be available with fron�age on either Como Avenue or Dale Str et. IV. RECOI�IENDATIONS f 1. Overall, staff recommen s Alternative B because: � (a) The risk is share among several parts of th� city; (b) The one-adult-us -per-building rule is a sig�ificant safeguard for ot er property owners near an a�dult business; (c) Using the same d stance standards for all typies of adult entertainment bu inesses (rather than separa�ing out theaters, bookst res, and nude dancing) will simplify enforcement sinc businesses will be less pr4ne to manipulate their activities to meet the defitkitions in the zoning code. �, 2. As a second choice, st ff supports Alternative A. fIt is preferable to the curr nt zoning for the reasons c�ntained in the 1987 40-acre study. 3. Some citizens have rec ntly advocated the creation' of a combat zone. Staff opposes a combat zone because of (a) �he danger of creating a regional vi e center; (b) the technical, difficulty of finding a site that wo ld pass constitutional must�r, would not be harmful to neighboring properties, and would not require public site development costs and (c) the political diff�culty of selecting a site in on part of the city. 4. The map that goes with Alternative A is not direct�.y comparable with the maps that go ith the current zoning or Alternative B since the Alternative map would be used to regulate only adult motion picture theater , bookstores, and nude dancing, not adult health clubs, massage arlors, steambaths, etc. 5. The risk of an adult b siness locating anywhere i� the North End is clearly less than the West Midway or the dow�ntown. The property two blocks s th of Como and Dale would be very expensive and difficult to deve op for adult entertainment. The staff regards this neighbor oods' fears as unrealistic. 6. Staff recommends that the City Council adopt a new ordinance during May. The City's moratorium on adult businesses was recently upheld by a ourt on the premise that th� City is moving expeditiously toward he adoption of new zoning r�gulations. The moratorium could be i jeopardy if it is extended �for further zoning studies. f I � 7 � . a: .. .. �- . . . . . +I �/� . . � � V � � � I� � . i � e . � 1 � ��'�// i � : _ . �'� t. . �acf`r�s � nh d� e . U� _ .. c�. �--y�� ? � � � t��'. ' . ��!��3 �.5 - ; � �-� . �c� �-`? _ �a� � 4�- �SCQ_ � � ��/ _, � �� z � . �!�� . . __ 1��g.. � . I � ��l . l�� er. �2�� d1� ��` '�-S~�� ` _ , � .y3� lJ . �� y- `�' 6� 0 �� ' � �� _. . I . � � 140.8f�,R,i' R�7n10R,� SOO �� . ,�c�SS �� . �J.la �5�-�� ; �� -, JoH�► l.._ �'�1�� -� N ��, �._.� � `�'�� a�� '�,._ �- � s5a l �i�- �'2�1 S•�as�� i �z�-��gR � � �.�� . ��a� _ : � � � ' .. � �� 1 ��a�� n� � � � � ��l � 2�'� �� 1 -�-��f � � . c� �M�a -c� � � 4 a�2��'�i� ' '' � �a�' : ��`�' �rn� i �'�� _ 7� � ��: ��S-� � �� , ; �� ► _ � , , _ E _ � � � � � ; r � � � , _ f _ _ _ � ; . . . _ � � � i , ; ; '. � ��z� '�' �� ?�{ r .� � � � � . f � '�' W�� I� 8� �, . , �, � ; � � �` _ 1 ;�� , � /� _ /l�z-�x.e-� .!� _ f ��.d.G2� ,� � :� �. `I , ; e+�e�e. Gc� -e.� , `� C�/Y.�..e..,�.�. o � j ' '� �a.� , r S q S J�o�f/ �Ys- z 8y 3 �► � � �{��' � �, - � :,'� ol,� -� ,�o-, t a8.`7 ��Jo�, ' _ ��-�� il � - ;; �-y��. �,e�� lo o ��`� c�� ,� � i f .�, ; � ,' � , � �� :, � ,; �.�. ,, � `� ; ; ; .' � � � ;, ,� 1 � � � .�i� �� 2 ro �� ; � � � r�� ; I !j _I �� ; �; , f ; , I :,; , ; �; ,l; .!�;, 1i � � � . . �4� .. . .. �� .. . . . ; � � .._ � '�I . . . � .. � � I _ � '�, � I �`f , � "' , ' � ;�� ,i i i ,; � f ';; I f ;;i l � � ; � ' � f � �� ' �/�� , � r--�-- i i ' �� I I ., ,ii _ _ _ _ _ C< V� � � � I , � � � 1 � '' �� ,, ' � P _ , ; _ , � �� ., , � � . .f: _ �. f :.; : , �, � ;, �� _ . __ . , __ ,; ��-3 T�� , ;� _ : . :; , � �E� � _ , i ; ;;, i ;�, _ , � ; ,. : ;i; „_ ;. _ . I ' ,; . ,,: ' I 'I . � „; i �; �ly � . . ... . .. �1/ . .. . . . . . . . ._... . !'; . .. . . �.�i i .. . . . . ... .. . .. . ... . .. . ii t�1 iir . . . . i��j- . . . . . . . .. . . . . . Ifi � . �;l�� . }'�I - . . . .. . . . . . . .I . _ . .. � .. . i� I _ . ��lk . . .. . . _ . . � �. ��fi . .... .. . . . :... , ....... 4 � . �i Z .. . .. .. .. . . � . . . . . . . � . . . . �� 'i(' i .. kj�, . . . ... . .. ..... . . . � . .. . . ... . . .. ,�i i . - �. . . i;� t ii� � . . i�� . . . . . . .. �, . . E� I �,► �. �, ; ili� � . . � . ... . . . . . . . . i' i(; .. . . . :i+ . . . .. .- . . . .._ ;i,- . �. � � � � � . ._. . . . j}� . . . . .j. . .... . . . . i> i i t�� . ��E .. ... . _ . . .. . . _ .. . .. . .._.. . . .. � �,tj,y i !f . _ .�_. _. ..�.� .. .i . t �/� � /�I� �jL-�'� � . ,. �� YJ��S �� "�� 4irJ v . �'�-P�ZLL — ��, . �' ed �l vyv ��r� �G�/ , nJ� �r,�ri�, ': � `/ c�/L/E'��G , / �� /� �✓ �c� �y� �� i �/�'�e.2 �i�J�'��; �i�i�� v ,��/� ;S ��li.�c.�-� � / J � � � � , �: � u� , N� ; �. ; �. , I � , h. ; N. ; ; ,. ; �, i � �, � ; � � � � ' �. 12� 1�� I�; I ;, � . �- � ; � II , � I�� , ; I: T � � - � ;.� .� C� -� s�-_ ��-�-- �'�i� � � � � � � , � �-'1 I�, ;. �;; �aa� ,re� ,�c�� I�- a�l� I �� ;.. � � � � � �� i,;�rt�,; nq rtc� �n �o d� y� �`- '� "�" � �:, � � � ' �o� t�� `� �, �- �e.. ! _ �°� �� c�_ � �n. Grib � a't ,aM.¢n��.�. r�c� �¢., � �CU�'Q ; � ;� � ;; `I� �4 '�i�0� Tt►r �`t i� `�"� tN�a � r z 2 . �' C� � � :; : e ��r �r v� /{ � `� � � 8 0 �� v�'t � � `� ��c c.�' ✓`-�%C�'t., . � � � � . . M. � ��., ' �t m �. �.- � , �'c�.-� � � � ; � � �� ' ��- �� j l�. �-°�'G e-�c '�.�c u � _ � �1�8-- ��:�y �� o: City of St. Yaul Council ers From:. Gina, Magnuson, 23?.�i Co ealth Ave., St. Paul� 5y],Q8 xegarc�in8: Adult �:ntertainmeat oposal for Zoning Date: lpril 2T, 1988 I am writing to let you �ow th t I am concerned a�out the current proposal for the zoninZ of "�dult Lhtertai.nment"' in� the city of St. Paul. Wha� fo ows_ is a� list of � concern� th�t I would like to see a;dcires ed. Please rera�ember tha� �r� in St.� �aul now have the opport ty to clearly answer the ` issues, aurrounding "Adult �nte ainment" and its' zoning. Hopeful� we can s.et aa example for other cities to follow. I. Freedom of movement I have a� a� student anct noH as as msmber of this nei�hbo�hood (St.. Anttiony Park) bicycled to trie University of Minnes�bta's Minneapolis campus along �o Ave. as well as Universitry Ave.« lhe zonuzg runs. right up t,o Como Ave. aad to an ace�+�rhich �rhich a�ppe�rs very clos� t R�nd Ave. �d Universit�r Ave.. I xmuld be very concerned out u� personal safet r (and that of others) if we ha�ve to p s by not on�y these estsbli;,shmsnts. but their patrons as well. erhaps�. I xould use thase rqutes in the middle of the cl�y, ut certainly not in tt 3 earlier or later hours. There is. so the large faa�ly student housing for University of Minnesot studenta �ust a few blocks dawa on Corno A�e. a�d I wonder they have been iaformed o� this proposal. A. .Ia��ct on busineases On the coraer oY Universit snd Ra�ym�ond there is a liq�or store, a� bank, FiLa in the Cities Keyes ttestaurant, an antique shop, -Pood co-op and sever�7. other shops and onalds �ust esst on Univers�ty Ave.. I �rould feel nncomfor�table p�troni';� these places by aQtself or with � children if the e wsre an TMAdult l�tertainment" shop nearby. I �noula rather sh p in other �reas such as Ro�edale if thisrdere the case. It seems to me that this. xAUld decrease tho pros�erity ot these b inessea as s,rell as be a burden for thosa middle to lawer iaco people Who have a lack o� transportation ana depend a these store8 as a nice� �lesn and: safe place to shop. B.Train yepot People who take the train are req�aired to coms ansi go aut times when thers are not a lot f people areund. It is an industria�l sres:very close to tae tr ' station and 3t can be q�.te devoid of people at times. I ox from aaperiance that it is not safe to get off ttie &�atr k ciuri.r� theae "ofF hours" �na walk dokn University Ave« to k t f or a ,�16 bus. Having t�iis. Idna of �aing close by xauld not in all probability� maks i� a: safer eaperience. I also won i� �track oYficials aa�e a�rare of this proposa7.. II. Fairgrounds 'i'he state fairgrounds hav been a s�fe plsce (as far � I Iaww) both during the fair and the ofF seasoa. It �s a �lace r�ere maRy young p�o}�le come an literally st�y x3.th tileir ,,�ima-].s, Also, it hae been traditi nall,y a ssfe, family orient�ed pla�ce to have fun.. klg�� },�e zoning oYf to its' south i� too close. III.. Suaanary rhe city oY St. Paul h�; many neighborhoods with sma�11 lote, houses placed fair close togetner ana people �ho are general�y well-inten oned sad keep np. their houaes snd schools. There are ecent shops anailable. Most� live here for convenience ar� are �illing to put up w:i.th t�,rucks,, busss and many cars soo ng psst their front doors Well as their pollution. Trte o put up w3.th the noise � 'saaall. of the St� Paul trgLn y and all of their tracks �hat branch off from there. The cl s� booms snd speWing smpke oY hea�y industry are also our ne ghbora.. The incressing �.r�lane noise and the highwawys of ,�2$0 I91� and ,�36 surround ttsis� a�ea. It is sometimes very har to believe that this ia � �lealtt�y �a sate environment to aise children in and to be !�fema�.e. lhis zoning proposal �eems to: be trying to avoid �esictential areas by atiay.uig in ind trisl areas. Unfortunat:e�g� this very residential area b s right up against these at�eas. A� least the noise and s 11 of heavy industry can be avoided by covering pour ears or nose� or even goir� into yo�iu� house. But nAC�lilt 1'�1t8T'LBir►mA�tr clients can kaacier through �eighbor- hoods, alleys ana public places on a mnch greater, extended am�unt of time. This We have learned from other neighborhood's ezperieaces. 'Phere are so many peo le eaid placea that xould be aegatively ia�a3cted by this propos th�t I feel very strongly �that we take the time to study faucets of ttiis problem ia aa very organized �d reasonable maa�ner« I ch�.lenge the city council of �t« Paul ta Yiad a mo e innovative solution. A« Suggestions 1. IItilize a large buil 'ng in downtown St« Yaul fo� "Adult �tert�inmant" only. It wou].d be confined ana ea►sy to manage. 2. Eacourage the use of ome kf.nd of a van. (Doesn't the library use a bookmo e?) 3. Find a more isolated area like a river flat and utilize it. u« Yerhaps r�ork �rith th Z4etropolitaz► Council to fiztd a1 solution. Each city in the mst opolitaa ares could allot s�ace for tnis Iana of a �jusin ss based on its' population or soms other formula�. `�� onmental impact statements �1'ould be required�• 5. Lastly, perhaps we hould open up the discnssion on wbax `�A+dult Eatertainment � really is� �rhat is� acceptabla and what is not; we may find ew. ideas a�nd solutions.. If`no one else is doing this xork, hen m�ybe we should. ' ��-9i �� . ��' R►AM �� ER ��- 1� •. MER IAM PARK COM UNITY COUN�IL, INC. �� •�� 2000 St. thony Ave. St. Paul, Minnesota�55104 645-6887 V �F� r'�O G F,� p�qC � April 28, 1988 � �' President Jim Scheibel St. Paul City Cotmcil City Hall-3rd floor ' St. Paul, NIIV 55101 Dear President Scheibel d City Council Members, On April 27, 1988, e Merriam Park Corrmiwlity Co It�ncil unanimously supported the "compromise" proposal for zc�ning code changes regarding ad lt entertainment in St. Paul;. S cerely, � ,, � � �/ �.� � �V � I. V�V ichael La ghlin resident, Merr'am P rk C mmwlity Council ',' � - � � �- �� Midway ivic & Commerce Ass�ciation Ivy League Place- Suite 211 475 Cleveland Avenue North St. Paul, MN 55104 Phone: 646-2636 xecutive Director: Ann Copeland April 28, 1988 PRESIDENT SCHEIBEL AND MEMBERS OF TH COUNCIL: The members of Midway Civic & Commer e Association are extremely concerned with the way issues regarding Adult Enter ainment businesses are currently being addressed in the City of St. Paul. hrough our Economic Develop�ent Committee, we have organized a special task for e work on our concerns. At the meeting of the Steering Commi tee of this task force on April 26, and at the subsequent meeting of the Econom c Development Committee on �1pri1 27, the following statement was recommended o be presented at this hear�.ng That these businesses be called what they truly are (Sexually Orfiented Businesses (S.O.B. 's) instead of by he euphemism of adult enter�nainment businesses. There are many sources f adult entertainment that �.s not objectionable to the community and i does them a disservice to lump them together with the S.O.B. 's that have a negative effect on both the residential and business communities. We believe that the MCCA Board's pre ious request for setting of community standards should be pursued so that here is some additional basis for prosecution. We support any proposal that further the stated mission of our S.O.B. Task Force, which is to eliminate the neg tive effects of sexually oriented businesses in the City of St. Paul a d to get the City to change, its response to these businesses from an accommodati e to a combative stance. We believe firmly that consistent pr secution of violations under statutes dealing with obscenity and pornograp y is essential. This is a �ourse that has not been actively pursued in our cit recently and our organizat�.on is committed to working for increased, effective nforcement and prosecution to alleviate the negative effects of both these busin sses and the sub-culture th�t accompanies them. We believe that St. Paul can do what other cities in the U.S. ha�ve done to lessen the amount of crime that acco panies businesses dealing in obscenity, pornography, and prostitution. We re committed to this effort. I '+-Z� ��-9/ Midway ivic & Commerce Association Ivy League Place - Suite 211 475 Cleveland Avenue North St. Paul, MN 55104 Phone: 646-2636 ' xecutive Director: Ann Copeland April 28, 1988 PRESIDENT SCHEIBEL AND MEMBERS OF TH COUNCIL: The members of Midway Civic & Commer e Association are extremely concerned with the way issues regarding Adult Enter ainment businesses are currently being addressed in the City of St. Paul. hrough our Economic Development Committee, we have organized a special task for e work on our concerns. At the meeting of the Steering Commi tee of this task force on April 26, and at the subsequent meeting of the Econom c Development Committee on April 27, the following statement was recommended o be presented at this hear�.ng That these businesses be called what they truly are (Sexually Or�iented Businesses (S.O.B. 's) instead of by he euphemism of adult entermainment businesses. There are many sources f adult entertainment that a�s not objectionable to the community and i does them a disservice to �.ump them together with the S.O.B. 's that have a negative effect on both the residential and business communities. We believe that the MCCA Board's pre ious request for setting of community standards should be pursued so that here is some additional bas�.s for prosecution. We support any proposal that further the stated mission of our S.O.B. Task Force, which is to eliminate the neg tive effects of sexually oriented businesses in the City of St. Paul a d to get the City to change, its response to these businesses from an accommodati e to a combative stance. We believe firmly that consistent pr secution of violations undelr statutes dealing with obscenity and pornograp y is essential. This is a course that has not been actively pursued in our cit recently and our organizat�.on is committed to working for increased, effective nforcement and prosecution to alleviate the negative effects of both these busin sses and the sub-culture th�t accompanies them. We believe that St. Paul can do what other cities in the U.S. ha e done to lessen the amount of crime that acco panies businesses dealing i�i obscenity, pornography, and prostitution. We re committed to this effort. ��9 . `� �� R4`tiir o� ., - . . CITY OF SAINT PAUL ° '' DEPART ENT OF PLANNING AND EC(�NOMIC DEVELOPMENT : _�_�� o • ,. DIVISION OF PLANNING ...• 25 West FolY�lh Street,SaMt Pwl,Minnesota 55702 612-22&3T70 GEORGE LATIMER MAYOR I�SEMORANDUM T0 : City Councilmember FROM: Mark Vander Schaaf � DATE : April 28 , 1988 SUBJECT : Adult Entertainmen - -Questions Raised at �he City Council Meeting of April 21 , 1988 ---------------------------- ------------------------------------ Introduction The Third Reading of the pro osed adult entertainmeriVt zoning ordinance was held at the Ci y Council meeting of April 21 , 1988 . At that meeting, City Counci members asked staff an�/or the City Attorney' s office to address several questions . Thi,s memo addresses these questions . ' Questions and Answers 1 . Como/Dale QUESTION : What sites wo ld be available for adult uses in the Como/Dale area? ANSWER: Under the propo ed ordinance , there is and in the Como/Dale area which wo ld technically be available for adult uses . However , t ere are no sites meeting the requirements of the proposed ordinance . This is because the parcels in the area eli ible for adult uses are quite large and extend into areas where adult uses are not permitted . Because the amendment measures all distance and spacing requirements from property line to property line , no new adult use would be permitted in the Como/Dale a�ea as long as property lines remain in their current configuration . 2 . Grandfathering of Illega Businesses ' QUESTION : Would this ord'nance grant "grandfath�r" (legal nonconforming use" ) stat s to illegal sex-oriented businesses , thus making t impossible to close tthem at a later date? ANSWER : A distinction m st be made between legajlity under the zoning requirements nd legality under othe�f City requirements such as lic nsing . ; C i s • • April 28 � 1988 Page Two None of the existing ad lt businesses in Saint Paul would conform to the requirem nts of the proposed zo�ing amendments . However , a y or all of these businesses could be considered legally n nconforming uses if they meet the requirements of Section 62 . 102 of the Zoning Cpde . Also , note that most existing adult uses are already• nonconforming uses relative to the City' s 1983 zoning standards for adult uses . Changes in licensing requirements do not invol�e "grandfathering, " however . If licensing stand�rds applying to adult businesses were to be changed, the relevant businesses would need to conform to the new requirements . An adult business which failed to meet applicable licensing requirements could be closed, despite its status as a legal nonconforming land use . 3 . Disclosure of Intended se With Purchase QUESTION : Is there any way to discourage speculation at sites that are eligible for adult uses by requ�ring that purchasers of property disclose the intended use of the property? ANSWER: (Will be addressed by City Attorney) . ' 4 . Redevelopment Areas an Doanzoning QUESTION : Would this z ning amendment , coupled with the requirement that 5� of the city' s land mass be set aside for adult uses , prohibit a eas from redeveloping and downzoning (e . g . , from industrial to residential) ? Couldlwe exclude redevelopment district from being eligible fo� adult entertainment? ANSWER: This amendment would not prohibit rede�elopment and downzoning for several reasons . The 5� rule is a guideline , not a strict requireme t . Also , the available land mass currently exceeds this figure enough to allow changes in zoning or other legiti ate changes in use that could affect the percentage margina ly . A zoning ordinance whi h excludes redevelopmen� districts from eligibility for a ult uses certainly coul� be drafted. However , because much f Lhe City' s commercial� and industrial land is wit in redevelopment distri�ts , such an amendment would be a m jor change requiring si�nificant adjustments in distanc and spacing requiremen�s . For that reason alone , it is no advisable at this stag of the process . Also , it is oubtful that the existi g 40-Acre Study contains the kin of evidence and testim ny which could be used to �usti y such a policy since t e question was not considered pre iously. C' • Ap�il 28 � 1988 Page Three 5 . The NaM State Obscenity ill QUESTION: Is there anyth ng in the substitute a�endment that could conflict with the bscenity bill recently ' approved by the State Legislature? ANSWER: (Will be address d by City Attorney) . 6 . Protected Uses QUESTION: Can we increase the distance requirements between adult uses and protected uses? ANSWER: As discussed in the staff report (Items #5 and #7) , it is inadvisable to expand the distance requir�ments between adult uses and protected uses . Any significant expansion of these requirements in either non-dbwntown or downtown areas would result not only in the reduction of acreage available for a ult uses but also in th� disappearance of most o the sites with ready d�velopment potential . Because the City Attorney has advised that it is important to have sites with realistic developm nt potential to balance against thos with little or no deve opment potential , staff could ot support such a chang without recommending a signific nt relaxation of the re�uirements of some other component of the ordinance . cc : Mayor Latimer Ken Johnson Gerald Strathmen Jan Gasterland Jerry Segal Phil Byrne A1 Olson I , I . �r Z�. �G�. �� 0 � � ' � � ' � ' � SUPPLEMENT TO THE 1988 , 1987 ZONING TUDY � � I � � � . A Staff Rep rt � Prepared by the Division of Planning ! - Department of Planning and Economi Development City� �Hall A nex 25 West Fo rth Street Saint ' Paul innesota � � 55102 � ' I � ' � � � ADULT ENT RTAINMENT � ' , 'I � STAFF EPORT ' April 1988 � � � � 1 Planning ivision Department of Planning a d Economic Development � � � � f � � �� TA LE OF CONTENTS � Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 Key Features of the Substitute Am ndment. . . . . . . . . . . . . . . . . . . . . � . . . .3 � Appendix A: Ma P � Appendix B: Text of Substitute Am ndment Credits � ' � , � � I � � � � � � i - � � ��'- �� INTRODUCTION � On November 5, 1986, the City Co ncil adopted a resolution r$questing the Planning Commission to study pos ible amendments to the Zoni�g Code so as to � zestrict adult uses to Industria ly Zoned Districts only, and other amendments relating to adult uses which the Commission should deem advi�able. This request was the result of a grow ng concern among Saint Paul citizens that the � City's existing adult entertaimm �t zoning provisions, adopt�d in 1983, do not adequately address the land use roblems associated with adult entertainment. The following is a chronology of notable events related to tt�l�e adult � entertainment zoning issue in Sa'nt Paul which have occurred ��subsequent to the City Council's request: 'I November 5, 1986 City Cou cil resolution (Council Filel''I No. 86-1564) � requesti g the Planning Commission tok study the issue , of adult entertainment and to conside�' amendments to the Zoni Code proposed by Councilme►nber William L. � Wilson. June 26, 1987 Planning ommission public hearing on proposed � amendment --Part 1. July 10, 1987 Planning ommission public hearing on proposed � amendment --Part 2. August 14, 1987 Planning ommission resolution forwar�ling 40-acre study to ayor and City Council for r�view and action � and reco ending amendments attached �o the 40-acre study. � November 17, 1987 Mayor Lat mer transmits amendments to City Council and recommend approval. � January 28, 1988 City Coun il public hearing on proposed amendments; proposed mendments referred to Housir}g and Economic Developme t Committee. � April 14, 1988 Housing a d Economic Development Committee recommends substitut amendment; Mayor Latimer artnounces support of substi ute amendment. � The substitute ame�ndment differs rom the original proposal i several basic ways. First, whereas the origina proposal was to restrict ad�ult uses to industrial zones, the substitute mendment also permits adult �zses in B-3, B-4 - � and B-5 commercial zones. Second , the original proposal wasl� to maximize the distance between adult uses and r sidential areas while the su�stitute amendment relaxes this requiremen somewhat and places a great�er emphasis on � deconcentration through increasin the required spacing betwee adult uses. � Finally, the substitute amendment equires that each type of a�ult use be considered a single use (and thus, no more than one type of ad�Zlt use is � allowed in any one building) ; unde the original proposal, mulki-functional adult facilities would have been p rmitted. I 1 � � � KEY FEATURES OF TH SUBSTITUTE AMENDMENT � Background This section discusses nine key feat res of the substitute amend�tent and � explains the rationale for each. Th features are as follows: 1. Areas where adult uses e permitted. 2. Treatment of various ty es of adult uses. � 3. Spacing between adult u es. 4. Distance from adult use to residential zones. 5. Distance from adult use to "protected uses" . � 6. Limit to one type of ad lt use per building. 7. Amount of land availabl for new adult uses. 8. Review of the Special C ndition Use Permit. ' 9. Prohibition of obscene orks and illegal activities. � Discussion of Substitute Amendment 1. Areas Where Adult Uses Are P rmitted � EXPLANATION: The substitute mendment permits adult uses both outside of downtown (B-3, I-1 and I-2 z nes) and downtown (B-4 and $-5 zones) . � RATIONALE: This requirement is the same as in the curren''t Zoning Code. It is based on findings tha adult uses are harmful to s�urrounding commercial establishments b t that significant spacing �equirements � between adult uses can mini ize the harm in zoning dist�icts which are reserved for the most inten ive commercial activity. I� is further based on a decision that th re should be an increase in the spacing between individual adult us s to minimize the danger th�t a cluster of � adult uses could develop i a single part of the city. � 2. Treatment of Various Types of Adult Uses EXPLANATION. The substitut amendment treats all types of adult uses equally. � RATIONALE: The current Zo ing Code treats all types of adult uses equally. In contrast, the original proposal applied more stringent � zoning requirements to ad lt bookstores, motion picture theatres, mini- motion picture theatres a d cabarets than to adult massage parlors, health clubs, steam baths (saunas) and conversation/ra;p parlors. The earlier recommendation re ied on evidence that in Sair�t Paul, a greater ' � negative land use impact as associated with adult bo kstores, motion picture theatres, mini-mo ion picture theatres and ca arets. However, most, if not all, existin statistical studies of the impact of adult � entertainment do not diff rentiate between different ypes of adult uses and do not recognize that the land use impact of vari us types of adult uses is significantly di ferent. Moreover, equal tre tment of all types � of adult uses is consist nt with the emphasis on deco centration in the 3 � � substitute amendment. If different types of businesses do have different land use impacts, it promotes deconcentration for them to be , mixed in a random fashion throughout the city. 3. Spacing Between Adult Uses � EXPLANATION: The required spacing between individual adult uses in the � substitute amendment is as follows: Outside of Downtown (B-3, I-1, I-2) : 2640 feet. Downtown (B-4, B-5) : 1320 feet. � This contrasts with the following spacing requirements in the current � Zoning Code: Outside of Downtown (B-3, I-1, I-2) : 1320 feet. Downtown (B-4, B-5) : 300 feet. � RATIONALE: Studies by the cities of Phoenix and Indianapolis indicate � that the negative land use .impact of a single adult business extends for up to three blocks (see 40-Acre Study, p. 15) . Thus, to ensure that negative impacts from surrounding adult businesses do not accrue from � two directions, a minimum spacing of 6 blocks between adult uses should be required. In Saint Paul, long blocks outside of downtown are 660 feet in length (street to street) while blocks in the downtown area have a length of 330 feet. Thus, a 6-block spacing requirement would be � equivalent to 3960 feet outside of downtown and 1980 feet downtown. In short, the proposed spacing requirements are not excessive. Indeed, they have been reduced to enable the City to provide a sufficient land � mass available for adult uses and sites for a sufficient number of new adult uses on that land mass (see #8 below) . 4. Distance From Adult Uses to Residential Zones. � EXPLANATION: The required distance between adult uses and residential � zones in the substitute amendment is as follows: Outside of Downtown (B-3, I-1, I-2) : 800 feet. � Downtown (B-4, B-5) : 400 feet. This contrasts with the following distance requirements between adult � uses and residential zones in the current Zoning Code: . Outside of Downtown (B-3, I-1, I-2) : 200 feet. � Downtown (B-4, B-5) : 100 feet (to residential uses) . . RATIONALE: As mentioned in #3 above, there is evidence that the negative � land use impact of a single adult use extends for up to three blocks. Therefore, to protect property in residential zones from the negative 4 i � ��'- 9i 1 � impact of adult uses, distanc requirements of 1980 feet outside of downtown and 990 feet downto would be appropriate. The proposed requirements fall short of this standard but, as is true ltvith the � spacing requirements discusse in #3 above, are necessary° to provide enough land and sites for pot ntial future adult uses. � 5. Distance From Adult Uses to " rotected Uses" EXPLANATION: The substitute endment designates the folll�wing uses as � "protected uses" : residential uses; day care centers; hou�ses of worship; public libraries; schools; p lic parks/parkways; public recreation centers and facilities; fire stations; community residential facilities; � missions; hotels/motels. The required distance betwee adult uses and protected usN�s in the substitute amendment is as f llows: � � Outside of Downtown (B-3, I-1, I-2) : 400 feet. � Downtown (B-4, B-5) : 2 0 feet. This contrasts with the foll wing situation involving prq`tected uses in the current Zoning Code: � Outside of Downtown (B 3, I-1, I-2) : no protected uses. � Downtown (B-4, B-5) : 1 0 feet (applies only to residential uses) . RATIONALE: It is somewhat un sual for a Zoning Code to p�ovide protection from adult entert inment to uses found outsid� of residential � zones or small, neighborhood business zones. Neverthele�s, the proposed protected uses are justified because all can occur outside of residential zones and becaus all involve populations whi.ch are � particularly vulnerable to t e negative impact of adult entertainment. The proposed protected uses re residential in character (including hotels/motels which often ha e permanent residents as wel�l as transient � residents) , or involve child en (including fire stations 'which in Saint Paul are used for bicycle re istration as well as school field trips) , or serve a rehabilitative fu ction for problem populations. � Furthermore, hotels and mote s should be separated from adult uses because they can easily beco e centers of prostitution. The evidence mentioned in #3 above would justify larger �istance � requirements between adult u es and protected uses. How�lver, smaller distance requirements are pr posed to provide enough lan�, and sites for potential future adult uses. � � 6. Limit to One Type of Adult U e Per Building � EXPLANATION: The substitute mendment defines nine diffe ent types of � adult uses--adult bookstores cabarets, conversation/rap `parlors, health/sport clubs, massage arlors, mini-motion picture theatres, � motion picture theatres, ste mroom/bathhouse facilities, and "other 5 � � adult uses." It is stipulated that each type of adult use is considered to be a single use and that no two adult uses may locate in a single � building but must conform to the relevant spacing requirement (2640 feet in B-3, I-1 and I-2 zones; 1320 feet in B-4 and B-5 zones) . In contrast, the existing Zoning Code considers multi-function adult businesses as a single adult use. � RATIONALE: Studies in numerous cities have concluded that concentrations of adult uses have harmful land use impacts. In 1972, Detroit � determined that concentrations involving sex-related businesses contribute to a "skid row" effect (40-Acre Study, p. 3) . The City of Phoenix determined that a study area with one of the city's highest � concentrations of adult businesses had a sex crime rate over 11 times as large as a similar area having no adult businesses (40-Acre Study, p. 15) . In Saint Paul, a study done in 1978 examined both alcohol-related and � sex-related adult businesses and concluded that significantly higher crime rates are associated with two such businesses in an area, and � significantly lower property values are associated with three such businesses in an area (40-Acre Study, p. 17) . Moreover, the 1987 40- Acre Study contains statistics showing that most prostitution arrests in � the city occur within four blocks on either side of the concentration of four adult businesses at the University Dale intersection. Other . problems experienced by this neighborhood include a generally high crime rate, the propositioning and harassment of neighborhood women, and a � general perception that the University-Dale area is an unsafe place due to the concentration of adult entertainment that exists there (40-Acre Study, pp. 19-23) . � Finally, Saint Paul's experience with redevelopment planning highlights the problems created by concentrations of adult uses in the city. In the early 1980's, there were two concentrations of adult uses in Saint � Paul, one in the North Wabasha area of downtown and one at University and Dale. The North Wabasha concentration was determined to be a blighting influence inhibiting development between the downtown core and � the capitol. The City's acquisition of the adult businesses in this area led to significant new development, including the World Trade Center and the expansion of the Saint Paul Center shopping complex. � Similarly, it is expected that the City's current plans to acquire key adult businesses at University and Dale will lead to beneficial new development in that neighborhood. There is also considerable evidence that multi-functional adult , entertainment complexes can be the equivalent of concentrations of adult uses. Saint Paul's 1987 40-Acre Study of adult entertainment warns that � a single, large adult entertainment complex at the University-Dale . intersection could create the same conditions as those created by the existing concentration of adult businesses in the neighborhood (40-Acre Study, p. 29) . Two considerations reinforce this warning. � First, there are already two multi-functional adult businesses at the University-Dale intersection. It has historically been the case that � residents of the University-Dale neighborhood perceive these businesses to be a greater land use problem than the two single-function adult 6 � � � � businesses in the same area. Neighborhood residents hav� long targeted the two multi-functional fac lities as the focus of theibc picketing and policing activities. � Secondly, the nature of mul i-functional adult businesse�s duplicates a situation which is similar a concentration of two or more separate � adult businesses. Multi-fu tional adult businesses can serve various types of customers simultaneously or sequentially. In s�veral ways, this situation heightens th likelihood that adult enterl�tainment will lead to neighborhood proble s: � o Variety of Neighbor ood Impacts: Multiple types of adult uses create multiple oppor unities for negative neighborhood impacts. � For example, two freq ently-reported problems in t�e University- Dale neighborhood are the harassment of women who '�are mistaken for prostitutes and the d'scarding of hard-core porno aphic literature on residen ial property where it become��s available to i minors (testimony at lanning Commission public hearing, 6/26/87 and 7/10/87--see 40-A re Study, pp. 55, 56) . Although sex-related harassment could be c used by any single type of adult � entertainment, it nev rtheless is true that the di:scarding of pornographic literatu e is most strongly associateid with adult bookstores because tk� t is where such literature q`�riginates. � Thus, the combination of book and magazine sales wNith other types of adult entertainmen increases the likelihood that surrounding neighborhoods will su fer from sex-related negative land use � impacts. o Intensity of Neighb rhood Impacts: The presence of several types of adult uses in one tructure increases the likel�ihood that a � larger number of cust mers will frequent the adul� entertainment establishment. Even f only a small percentage oi such customers are directly responsi le for neighborhood problems, the larger � number of customers i itself increases the likelihood that such problems will occur. The possibility that any one customer can engage sequentially i several types of adult entHrtainment also is cause for concern. Some psychological studies '�'have shown that � exposure to pornograp y heightens sexual aggression. Thus, it is reasonable to conclud that customers in multi-functional adult businesses, because t ey have more opportunity for prolonged � exposure to pornograp y, may be more likely to behave aggressively toward neighborhood r sidents. o "Sex for Sale" Imag : The Planning Commission eceived testimony that the Un versity-Dale area suffers f�om a general � "sex for sale" image hat attracts street prostit�tes and their customers, and demora izes other businesses and n�ighborhood . � residents who do not ish to be associated with t is image (40-Acre Study, p. 54 . A multiplication of type of adult uses in a single facility ould create this image as e sily as several � separate facilities. - There is precedent for the equirement that no more tha one type of adult use be permitted in a y building. S�ate law in Nprth Carolina � permits no more than one ty e of adult use per building} Moreover, 7 ; � � North Carolina's provision has been tested in" federal court and upheld as constitutional. � 7. Amount of Land Available for New Adult Uses � EXPLANATION: The substitute amendment makes available the following amount of land for new adult uses in Saint Paul: o Dutside of Downtown: 2077 acres (6.3$ of all non-downtown land) � (B-3, I-1, I-2) o Downtown: 100 acres (20.4� of all downtown land) � (B-4, B-5) o Tota1: 2177 acres (6.58 of all city land) � Acreage calculations are based on all developed and vacant land, including streets and alleys but excluding lakes and rivers. � Percentages were calculated using the following figures: o Area Outside of Downtown: 32,922 acres � o Downtown Area: 490 acres o Total Area: 33,412 acres � The following is an estimate of the maximum number of new adult uses that could locate in Saint Paul on the land available for adult � entertainment: o Absolute Site Capacity: 44 � o Relative Site Capacity: 28 In the above calculations, "absolute site capacity" refers to the number , of adult establishments that could fit on the land within the limitations of the substitute amendment, calculated without regard for existing infrastructure, existing development, or suitability of land � for development. In contrast, "relative site capacity" refers to the number of adult establishments that could be located on existing street frontage, calculated without regard for existing development or � suitability of land for development. RATIONALE: The City Attorney has advised that the proposed ordinance adhere to three guidelines. First, more than 5 percent of the city's � land should be available for adult uses. This figure is a useful • guideline because the City of Renton, Washington has a zoning ordinance limiting adult uses to 5 percent of its land mass. This ordinance has � been upheld as constitutional by the United States Supreme Court. Secondly, the quality of the land is also important--a significant - amount of the available land should be developable. Finally, there should be enough land to accommodate expected future adult business � development. 8 ' � � Staff believes that the sub titute amendment meets thes� guidelines but � that the proposal could not become significantly more r�strictive without endangering the Cit 's conformance to the guide ines. First, � the available land mass is .5$ of the city's total, co fortably above the 58 standard. However, significant part of this p rcentage is devoted to the airport and he waste water treatment pl�nt, uses which are not likely to be redeve oped in the foreseeable fut�re. Secondly, � the available land includes sites with fairly good deve�opment potential. However, if the required distance to "prote�ted uses" were significantly expanded, few such sites would remain. Ffnally, the � "relative site capacity" of 28 exceeds the number of ex�sting adult uses in Saint Paul (18) . Howeve , because two of Saint Paul�'s existing adult uses are multi-functional f cilities (with 3 or 4 types 'of adult uses per business) , it is prefer ble to calculate the existi�g number of � adult uses to be 24. Thus, it is not advisable to make ;the ordinance more restrictive in a way t at would reduce the city's �elative site capacity for adult uses. � � 8. Review of the Special Condi ion Use Permit , tEXPLANATION: The substitute amendment requires an annual� review of each adult use's Special Conditi n Use Permit. The Zoning Co�de currently requires that an adult use btain a Special Condition Uspe Permit but � does not provide for an ann al review. i RATIONALE: Because the subs itute amendment requires thai�t there be only , one type of adult use per b ilding, the annual review of` the Special Condition Use Permit will e sure that no additional uses' are added to the type of adult use that is permitted. � 9. Prohibition of Obscene Works and Illegal Activities � EXPLANATION: In numerous pla es, the substitute amendment stipulates that obscene and illegal act'vities are not permitted in' adult uses. This is not explicitly state in the Zoning Code current`Ly. � RATIONALE: This provision is intended to guard against t�e conclusion that the Zoning Code permits activities which the City c�n and should prohibit as illegal. � � � � � � 9 I � I � -- � '.�.._._._ ---.�I _ �r.,..,,_:�,'"' . � � �.�� "��.�� "� �.' � _ 1� _� .s i . : ' • I . . '� 1 _.. • 1 ��1 �.�� ..IL��.�Y:syt� I� ��. „ I I �. �� ,',-.� , .��/�/ j�k_ ... .. _ .. ` 1 .I �,3` I I.I IT�' ,_`, T' ' �`�' �,r '-� � � �/' � � � � � �,� i� � ,�-� � �-- � � .. ' - - _ , j �� `��,!'� 'II . . , % �. ; - , � . .. . � '.� _ 'n�, ' 11��"�_ �llli, _� ,�?\ .��. ,-' ' -_- _.,�r,�,j� � ,I '.�,�,i'i�'� 11 i � ` _ , ,l -``I' �, ' _ .�`,,. . . ---- _ . " `' .=-" . � - - '�'�; �I�II'T I I I I; � �,�`� ! �: �L - , . � I .� � �-�"'" -- •„��ii,I�l ;� '�L1:�1,�. -�� :r F, �°_`�, � = _- ; , ( � '� � ;,_��-� �T�f IJ�t �iTlJ� l. _ I,I.- ' :.`'-,° '''\- \ _ ' 7 ' � :, �, ,x, ��c�:r�� i1.� �� _ ,, ,;-�� : _ . I �.� � : . I_ " � `_i �- � [l!1►i��tl�,ii1� , �_ � -1 r `�'�•�•�::::.:... ' `` " " � _ - .�::;:�:::::: z- � 1 i�, � ��ij � : 1 i i ' i� ��+"< •::""'' r..s... I '� ..J — 1 .�—� , :y� ( �,. ��1 l.1 � � _ j:;:}:;:{:::4iti;'r'•:•'7{:• . : �' _ ' '�L= �� I �.J7 i I � � f' '{;'i,:}}�::}.:.::{:;'r'�{} i��./�.` I . 1I � .1:r� t, -`� . - '1��1� � i 1 1.1' _ �:k:�:%:?�:;�::;:::::�.�:•.:%�:�?:;:�`�� _ - � 1 � _-Y _ + --'i'��`-°` � �i - � . /___,-'� �� ` � �__ , .— �_ � � 1� _ � "' '�!� , . . .��. '`� ' ,-' .� �� ,�I��I1�1?4 'i ��. ��. • , -��: ^ Y � �—�_� . .r i � �1 � i ' �,I_ I I� �;�I'� i�� :;:;:;:::;:;::::::. , , z ��T �,� .. .. T {.L_� .i.i.E- ��+_ l.il [l. . ..:':.::.::::::<r.::�'� ..a _. , ,. : •�fl � � ii �,,i�_j��;I�; T� 1].�1 ��'' • :::s��' �:� � � � �: �, .; � i , F: j �' �11�11i`� � v� �o I v 1. � � . __ O ' I I I .. ��.�� - I . . �, i�fin E1�1l�y,.�,.�; I�i '�' �UI�l.�.l��f in�� j✓Y> {�� .�` a .., 1 i � � i � i i j, ! �.(; '`�: i.,.��/[�� :L?`•:�` `�k•;i .� ,�1g�� ij, ^}� F 1 . � �.IJ.R�� . 1�. I� �I� ' .�' \ � I Y`' •f.a ,}} ••�•�.! J';. O u �F� ,. : � � ��' �� ,��` 3•:�'��••...•.�:::��.�•.:�. ' �; �' ��' � i i$ � n�i� .�,� ��,'� ; � �:��::>::: �. ' � rTf°�`� � a r v � �i:� 1� . ��l.�� I+ � �� . �'�J,��.�,Y� ._::.:;:�::::::<;.; < r ��,�� p" G+ " .� !��./ ..:!'�/ ;?�`'•;. F�� T� G� v �..__ � - '' ',,j 1_ � '� ~ . �,j i� � �� '�. - Z GO a`.. _ - - - � � . � ,,� —:�,�, .r-r, 9•� ,k, � , ,r:� z b,�o eo ''- �s_ - , - �-`-•:¢�.l '�� s ,?�fl�_,fl "" � ts � � - _ ° -_ _" • "` L "- �y � o0 -` � . � i �A '� -�,-rrr� 0 �.'"'" p O0 ^ - _ 7 t�' 'fu ;i`,�-��.i•t �. � -c. ��,�,�, �!� N Q 3 � W I _' � -..l.t<<"._ 1 0 �'�� .�I ,�_ � F. •-� y � a . ti z - S�� . _ � �.. _ � , t - G r--„�� Z,a � � �. � _`- -f . ° �� -� ' '-�" � y, =� �,y rn e! , � ' ; � � �' � ��,�J �I= '�' ai '`� r'.' � I \ r i ++. 1 '` � � «, O 'C3 I �i r,�i i!.1:� � .� �C �� .` � -� �g Z a � I _ _ `; ; � . . ��✓'S ;�, `.�� 1 � \� � � � � a � y ` T � .-,' � .� � � _J�� a '� � � ; v_ ', a -, ,� � � _ � � , ! ;ti . �!_ •..� f ,s` � � _-�,..� E.,"p Q a�ai � I _. � � ,,� +-�,1� , �-�:t�=,:<<i � ► t �� +�-� -.:i�, ;, �, _�� w ;? a, .��=-�� 1_- .�, � � �, ! -i - , - �- � ,.. �,��= � ,�`��r.:, �;-� ^� �' 3 I � _ - � -- � ,-r. e._.. .� 1�F� �` 1��-�a '� � � �1' y I �r. ,_. : �= . , h p- z i � --�,.€ :�-- i. ', .�.� �.? `�'� 'i-�`_ � e �.. �, � ;r`. � ; � '�� _ � ;�- rf l� I I_ i 'i � � �� F. � i •' � =��! 1 �� ii #Ir_ �'I_ � , i��. +1� _ ; "a I . — . . y`I � .. .j �. ._ _ ) i3� �� .-� .�• � Q ; 11 � I� t12� ^ - =� }`�L 1 f��i jlii IIi��.1�L1�i il�j1l 1T ii fl. ic`"��`�'''-+°--�� _ � �� I � L : T a ...-.� �—! _ r-_� . . � ..r � �T � � -�.._3 � 1 � �� '�L� � i i.1 1�i I T� 1 � .�✓ �� , F_ �y , .. --� t. " qi r �-r.-�r, - T � Y` �.-�- "`, ,. �_.. . . . . ____! �: . � � 1-.._� Li i - ,j• - - ._. . , . _ •�� i � I��,yT �.:, - _ - - - .� r,�,l n t= ��,�'= I 1, ' � _�I �� - _ . � i _ � � .��- "�,� �:� � ;�a _1� �- �� ?_ , s1:�._I�: �� . � � -r. � �K -x L111 i#1��1i.i�T 1 L__ �_�lli � "�T��Irl.�� '' � °- - • � �4 f� %� � _ i�I }I?.l �i�.I i ��T i?' ' i: :,�ITI�:?ITT S. i : _. �� ,� A•ii �.l ,1T i]1T` I1� �,II �T�.IZ� , LII�!��.� ��i i � ;� ��t�,_�wl ��,I� ;'T� �r��___ L�_ TI YI��:; �_ ,;- ;,- -- , , — I7fTT —� =ITT 1�I�� 'III =_-� -� �..m�. �. l � `� � ! . _ � , . t�.��+ _�r #� _��1 a��L�. 1 T '�xxzfI�x i� ,'y • . I ' ' '�i '� l I��r�—L _+' �°l�1'��'II`I'�ZI IIIT� IL`��'� ,. ��--, ; - -- ' �1�.«� - ' r� ,�. : �iITIiI�tI T01' 1�I!I:1��.��'�i�lill,_�_ � - - ----- - -- - = Z I - ,� - - � � � + ,TT� �� y � I TIIr��TZZ ' ,: � -- ,„ .�� - _ _ - - � -'' " ' �. ' i �(�r" - �'� � ir IT 1'�IIT1T.� �`�� ,'�, �_�,.y;, �� ,= � , ,- '==Y==�i _: � ,��' IT ITlI� �� ( � , , ' r_ �� t'^: ' � �r�.='t; ,LY� "� � :irl_ .�1 =��.,�=-- - ��;;•.. � � � � ; ,_ :::'_ � �... 1T� TTT� � tt T..0 '�i�� _ TZ�.�'x�xxl�Z�I T�l�' �_� �' _ �� N�j` i-T�i I�i i 11� � T r��'��=�� rT�I��I�f�T.IIIlI11 i1�. ��—.� �� , ! Ilt F� � ± �TI�IITI !� I�fTT T �T � � � � .� , 1 ;fi,1 � -i,_ r --=� .. , : ` �:<.. ��,�' ��`� i ��,I r1 �`�`�Z T�I'TI Iz I, _T�TIllT.I"1 � �`� i�y�I�1"' ; .,� , . .: ... . � . ' � - - �� ,�i'�� T�� = TI `I ��'1��, � �1�� ':1;��;i F �ji_ ��,c: j I � i j�° l?F:T I �� _ �ri � �� - )� -, : : _ I. �.I III1 . _ . • , _•; I � , : r ::::: : 1 1��z�ll � � _ � � ll��,�� . ..»:.:::.... , _ .�.�. - .. , � � L j�- , - :, ::r;; ::::: � I �[� -L" � ' E J_y� :•... _ ::.�:. :••>r:•: I � •:::�::• � __ ."y7 . -z .. �:::: :::: ; . . >> , , � � i�. 11 I . -�'� � � -_r,��'��`�� _ -. .��<<',��,�Ir f �� .,.,, I1. ��I`I I III.17;1 I'�!r litil� C --�, �- -- � " . .t' � �`� � �li l�-��,� .., .;;. � � :.=, • , � ,.� ��;-, . - +�l'�_ �_�}- �---. .._ * '" '_., \ � , � k=.i �,a , ,�,�:,� �,. . , • �% . �i _ ��.r.- , I � ' '� k�� -��,u. - -.' - ._ . -_ , i-.�',� .. . � c ►'_:��s- - -� "- b _�� /� _ � -. . _-_._ - '-' � _ �-, h� . �, � r1 �/ , / �" �- _ � •:i:�....: � '�,�f:��._._ ��.7� � '. - - i ( �- - ---- ------- ---- ---=----- ------------ -- -- -----�� wrUT[ � – G�TY CL[wK • . — -..-- . . VINK - FINANCE COUt1Cl �,j � CANAR• -OC�A117M(NT . GITY OF SAINT PAUL F'ile ��NO. �� 7 /. 91UE -MAVOR � • ` � �Or indnc Ordinadce N0. - Presented By ` . � � tReferred To Committee: Date I Out of Committee By Date � An ordinance amending chapter 60 of the I Saint Paul Legislative Code pertaining to I - � Zoning R gulations. I NHEREAS, the existing Saint Paul Zoning Code permits adult uses to be � located only in certain zoning classif cation districts; and WHEREAS, the Planning Commission has conducted a study of th� existing � zoning provisions for adult-type uses nd has recommended that the e ' regulations be mod�ed; and � WHEREAS, some of the purposes of restricting adult-only type uses include the following findings: Areas within close walking dista ce of residential dwellings, and other � � general commercial uses should b free of adult entertainmen land uses. � Areas where children could be ex ected to walk, patronize orirecreate � should be free of certain adult ntertainment land uses. �I Adult-only entertainment land us s should be located in area� of the � city which are not in close prox mity to residential uses, c�hurches, parks and other public facilitie , schools, and other corr�mer�ial uses. The image of the City of Saint P ul as a pleasant and attrac�ive place � to reside will be adversely affe ted by the presence of adul� entertainment land uses in close proximity to residential la�hd uses, churches, parks, and other publi facilities, schools and ge�eral � corrnnercial uses. ' � Regulation of adult entertainmen land uses should be develo ed to prevent deterioration and/or deg adation of the vitality of �he � community before the problem exi ts or gets worse, rather th�n in response to an existing problem. COUNC[LMEN � Yeas Nays Requested by Department of: � Drew ' N�oo:�� In Favor I Rettman Sehsibsl Agai nst BY Sonnen _ � Tedeuo Wilwn Form Approved by City Attorn y Adopted by Council: Date �ertified Passed by Council Secretary BY _ By �'�pproved by Mayor: Date Approved by Mayor for Submis�ion to Council . _ By By . • - � Commercial areas of the city patronized by young people and child►^en . should be free of adult entertainment land uses. , Adult entertainment land uses should be regulated by zoning to separate it from other dissimilar uses just as any other land use should be separated from uses with characteristics different from itself. , Residents of the City of Saint Paul , and persons who are non-residents but use the city for shopping and other commercial needs, will move from � the community or shop elsewhere if adult entertainment land uses are allowed to locate in close proximity to residential and other commercial uses, churches, parks, and other public facilities and schools. Location of adult entertainment land uses in proximity to residential � uses, churches, parks and other public facilities, and schools and commercial uses may lead to increased levels of criminal activities, � including prostitution, rape, incest and assaults in the vicinity of such adult entertainment land uses. Merchants in the commercial area of the city are concerned about adverse � impacts upon the character and quality of the city in the event that adult entertainment land uses are located within close proximity to residential and commercial uses, churches, parks and other public i facilities and schools. Location of adult entertainment land uses in � close proximity to residential and commercial uses, churches, parks, and other public facilities and schools, will reduce retail trade to � commercial uses in the vicinity, thus reducing property values and tax revenues to the City. Such adverse effects on property values will cause the loss of some commercial establishments followed by a blighting � effect upon the commercial districts within the city, leading to further deterioration of the commercial quality of the city. No evidence has been presented to show that the location of adult _ � entertainment land uses within the city will improve the commercial viability of the community. Experience in numerous other cities, including Saint Paul , Minneapolis, � Indianapolis, Phoenix, Los Angeles�, Seattle, Tacoma and Detroit have shown that location of adult entertainment land uses degrade the quality of the area of the city in which they are located and cause a blighting � effect upon the city. A reasonable regulation of the location of adult entertainment land uses � will provide for the protection of the image of the community and its property values, and protect the residents of the community from the adverse effects of such adult entertainment land uses, while providing � to those who desire to patronize adult entertainment land uses such an . opportunity in areas of the city which are appropriate for location of adult entertainment land uses. The community will be an undesirable place to live and shop in if it is _ � known on the basis of its image as the location of adult entertainment land uses. � 2 � � �-�i-�'rs� � � � � � � � i . A stable atmosphere for the rea ing of families cannot be a' hieved in . close proximity to adult entert inment land uses. � The initial location of adult e tertainment land uses will �!,lead to the location of additional and simi ar uses within the same vicinity, thus � multiplying the adverse impact f the initial location of a�lult entertainment land uses upon th residential and commercialj uses, churches, parks and other publi facilities and schools, an the impact . upon the image and quality of t e character of the communit . ■ s ■ � � I i i �I � � I I� j i i � . � � I � f � � . � I, � � - �I i I , ' � 3 I � `{-��-ks' N-a.r- ,��' `�' �i,�g � - -- - ..�u, c ��cal.t C �, -onsiaered to be one use. No two adult ses can be in the same buildin !but must be spaced 2640 radial feet apart � , I 9 � � � Adult cabarets sub 'ect to t e ame conditions listed ab ve in 60.554 2 - ' for adult bookstores with he ubstitution of the hra e "adult cabaret" for the hrase "ad lt bookstore" wherever it a ears. The adult cabaret is considered to be one use. No two adul uses can be in , 11 , �}-. �.�-�� i � � � . � � . ! 3p3a��eas-�B-Aeaw�y-��s�e��es;-ap�-�ha�-�be-s��-apd-��ep�-e€ � �he-e��napEe-w�}�-be-ebserve�;-�Ha�-�he-��e�esed-ase-w�}}-pe� � e��a��e-ep-epEeawa�e-�be-deve�e�r�ep�-e€-a--'sk�d-�ew'-'-a�ea;-�ha�-�he es�a��#sbmep�-e€-ap-a�d��iepa�-ase-e€-�b�s-�y�e-�p-�We-a�ea-w�� pe�-He-Eep��apy-�e-apy-ppe��am-e€-fle�Qb�e�Msed-ee�se�va��ep-e� �RI�1�9VeB12R�:-e��beP-K'P_S�E�Pp�3.l�-H1�'-pAp_�cGCiclonti�l__�nd_+L...� ..ii � . , 17 Ad 1t steam room b thhouse facilities sub'ect to the same conditions listed above in 60 543(10) for adult bookstores, with the substitution � of the ahrase "adult steam roomlbathhouse facilitv" for the ahrase e "adult bookstore" wherever it apaears The adult steam room/bath��s facilit 's consi ered to be one use. No two adult uses can be in the same buildin4 but must bg spaced 2640 radial feet apart• — � (�81 Other adult uses subiect to the same conditions listed above in . . . �_i_a a,.... ..0 +4.n ntir�en I , . • . the same building but must ,�ie s�aced 1320 radial feet apart. j1 Adult conversationfrap �arlors subiect to the same conditions listed above in 60.554(21 for adult bookstores, wit�i the substitution of the p.hrase "adult conversationfraa parlor" for the ahrase "adult bookstore" wherever it aaaears. The adult conversation/rap aarlor is considered to be one use. No two adult uses can be in the same building but must be. spaced 1320 radial feet apart. u, Adult health/sports clubs subiect to the same conditions listed above in 60.554(2) for adult bookstores, with the substitution of the phrase "adult health/saorts club" for the uhrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one use. No two adult uses can be in the same buildincLbut_must be spaced 1320 radial feet apart. ,u Adult massaq� parlors subiect to the same conditions listed above in 60,554(2) for adult bookstores, with the substitution of the phrase "adult massage aarlor" for the ahrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one use. No , two adult uses can be in the same buildinq but must be spaced 1320 radial feet apart. ,u Adult mini-motion pictur� theatres sub.iect to the same conditions listed ' above in 60.554(2) for adult bookstores, with the substitution of the phrase "adult mini-motion picture theatre" for the phrase "adult bookstore" wherever it appears. The adult mini-motion picture theatre � is considered to be one use. No two adult uses can be in the same ' building but must be spaced 1320 radial feet apart. � Adult motion picture theatres sub.iect to the same conditions listed � above in 60.554(2) for adult bookstores, with the substitution of the 1 phrase "adult motion picture theatre" for the phrase "adult bookstore" wherever it apaears. The adult motion picture theatre is considered to �l be one use. No two adult uses can be in the same buildinq but must be � spaced 1320 radial feet apart. ,� Adult steam r.00m/bathhouse facilities sub_iect to the same conditions � listed above in 60.554(2) for adult bookstores, with the substitution of the ahrase _"adult steam room/bathhouse facilitv" for the phrase "adult bookstore" wherever it aaaears. The adult steam room/bathhouse facility � is considered to be one use. No two adult uses can be in the same buildin4 but must be spaced 1320 radial feet a�part. 10 Other adult uses sub_iect to the same conditions listed above in , 60.554(2) for adult bookstores, with the substitution af the�hrase "other adult use" for the phrase "adult bookstore" wherever it appears The other adult use is considered to be one use. No two adult uses can � be in the same buildinq but must be spaced 1320 radial feet apartT Section 10. � lhat Section 60,563, clauses �, 3, 4, 5, 6, 1, 8, 9 and 10 of the Saint , , � I . � " � • • . . A st ble atmosphere for the rearing f families cannot be achiev�d in � . clos proximity to adult entertainme t land uses. The initial location of adult enter ainment land uses will lead ;to the loc tion of additional and similar ses within the same vicinit�i, thus r mul iplying the adverse impact of t e initial location of adult; ent rtainment land uses upon the re idential and commercial use�, chu�ches, parks and other public fa ilities and schools, and th�e impact � upo the image and quality of the c aracter of the community. F � I �` � ' i � I i , � � ! � ;� 1 � . � � � 1 ! � ,� � � � � � � � i � - � � � � � 1 � � ; 1 � � . ; / 1 I � � � 3 � `f-�►-.Ys � . ' • , . � THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: � Section 1. � That the definitions for the terms Adult Bookstore, Adult Cabaret, Adult Conversation/Rap Parlor, Adult Health/Sports Club, Adult Massage Parlor, Adult � Mini-Motion Picture Theatre, Adult Motion Picture Theatre, Adult Steam Room/ Bathhouse Facility and Adult Uses, contained in section 60.201 of the Saint Paul Legislative Code, be and are hereby amended to read as follows: � Adult bookstore. A she� buildin4 or portion of a buildinq used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio taae, videotaae or motion picture film if such sMe� � building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age: 1 � or if a substantial or significant oortion of such items are distinquished or � characterized bv an emqhasis on the deaiction or description of "specified sexual activities" or "saecified anatomical areas." No obseene work shall be allowed. � Adult cabaret. Ap-es�a��#sMr�e��-wh�Eb-��ev�des A building or portion of a buildinq used for providinq �e-�e-dapEe�s;-exe��e-da�Ee�s;-s��e�s;-e� � s�r��}a�-e��e��a�pe�s dancin4 or other live entertainment, if such building or portion of a buildinq ap�-wM�EM excludes minors by virtue of age: , or if such dancinq or other live entertainment is distin4uished or characterized bv an emphasis on the aresentation, disalav, depiction or description of "specified � sexual activities" or "saecified anatomical areas." No obscene work shall be allowed. Adult conversation/raa aarlor. A conversation/raa aarlor which excludes � minors bv reason of aqe, or which provides the service of enqaqinq in or listeninq to conversation, talk or discussion, if such service is distinquished or characterized bv an emohasis on "saecified sexual activities" � or "saecified anatomical areas." No obscene work shall be allowed. Adult health/saort club. A health/sport club which excludes minors bv / reason of aqe, or if such club is distinguished or characterized bv an em�hasis on "s�ecified . sexual activities" or "s�ecified anatomical areas " No obscene work shall be allowed. � Adult massaQe oarlor. A massa4e aarlor which restricts minors bv reason af aQe, or which arovides the service of "massage", if such service is distinquished or characterized bv an emahasis on "specified sexual activities" , or "saecified anatomica� areas." No obscene work shall be allowed. Adult mini-motion picture theatre. A�-e�E�ese�-�a�}d�� A building or � portion of a buildinq with a capacity for less than 50 persons used for . presenting material �e€i�e�-�y-M�ppese�a-��a�a�es-6��:292-as-'-'sexaa}}y ��eveEa��ve'-'-apd-wb�Eb if such buildinq or aortion of a buildin,g as a � prevailing practice excludes minors by virtue of age: , or if such material is distinquished or characterized bv an emphasis on the depiction or description - of "specified sexual activities" or "specified anatomical areas" for observation bv aatrons therein. No obscene work shall be allowed. � 4 � � �I _ � ,_cv . ' . • Adult motion picture theatre. A�-epE�ese�-�a��g A buildin or � or ion of bu'ldin with a capaci y of 50 or more persons use for pre enting material �e��e�-�y-M�RH se�a-S�a�b�es-6��:292-as-"-s�xaa}}y ppe eEa��ve-aAd-wh�Eh if such build'n or ortion of a buildin � as a pre ailing practice excludes minors by virtue of age: , or if s�uch material is ' � dis in uished or charact ri ed b a em hasis on the de iction �or descri tion of s ecified sexual activities" o "s ecified anatomical area " for ob rvation b tron ther i . N obscen work shall be llo ed. ` Adult st o m bathhouse f c'lit . A buildin or ortlon of a . bu'ldin used or r vidin a stea bat r heat bathin room sed for the � u ose of leasure bathin rela ation or reducin utilizi steam or hot ai as a cleanin relaxin or r d cin a ent if such buildin or ortion of a bu ldin res r' ts mi ors b reaso of a e or if the servi e ovided b the st am room b thhouse facilit is d stin uished or characterize b an em hasis , on "s ecified sexual activities" o "s ecified anatomical area ." � No obscene wo k shall be allowed. Adult uses. A�a��-dses-a�e- hese-bses-exe}a��-�a�s-w��Eb-a�e-pe�-e�ep �el-�be- a��E- e�e�a�} -�a�-ep} - e-e�e-e�-�e�e-E}asses-e€-�b - ��E-a�� a � y y � � e E�a��p�-apy-��pe�-�y-�ease�-e€- �e;-a-��Ae�-�e�R�-a-�e�sep-��e�-�be-aQe-e€ , e'�h�ee�-yea�s: Adult uses inclu e;-�a�-a�e-�e�-��e�-�e; �dult bookstores, a ult motion picture theatres, ad lt mini-motion picture theatres, adult m ssage parlors, adult steam room bathhouse facilities, adult; rap/conversation p rlors, adult health s ort clubs adult cabarets, e�-s��a��a�a}�-bses: and , o her remises enter rises busi esses or laces o en to som or all members o the ublic at or 'n which the e is an em hasis on the re entation d s la de iction or d scri tion of "s ecified sexual activi�ties" or " ecified anatomica7 areas" whic are ca able of bein seen members of the �, blic. No obscene work shall be allowed. � � Section 2. � � i That the definition of Con ersation/Rap Parlors contained in section �0.203 of the Saint Paul Legisla ive Code be and is hereby ar�ended to read as � ollows: i � Conversation/rap parlors. Ap-es�a��sb�eR� A buildinq, or portion of a � uildin in which there is ��ee� e�-�y-6ba��e�-4�3-e€-�be-6��y-8�d��aAEe-a�d dvertising, offering or selling the service of engaging in br listening to �conversation, talk or discussion �e�wee�-a�a-e��eyee-e€-�be-�es�a��sbr�ep�-apd �a.Eds�e�e�, regardless of whethe other goods or services ar�e also � ;simultaneously advertised, offe ed or sold, and regardless df whether those �other goods or services are als required to be licensed. ; , The term "conversation pa lor" shall not include bona �fide legal , medical , psychiatric, psycholog cal , or counseling services �by a person or firm appropriately licensed; or bona fide educational insti�utions, or panels, ' seminars or other similar servi es offered by such institut�ons; or churches or synagogues. Section 3. � � That section 60.208 of th Saint Paul Legislative Cod�le be and is hereby amended so as to add the follo ing thereto: ; , 5 G ; I � � I I �+- �i.►,kQ � . Health/s�ort club. A buildin4 or uortion of a building desi4ned and eauipped for the conduct of spQrts, exercise, leisure time activities or other � customarv and usual recreational activities, oaerated for nrofit or not-for- profit and which can be oaen onlv to bona fide members and guests of the oraanization or open to the uublic for a fee. � Section 4. That the definition of massage parlor, steam room/bathhouse facility, , health club contained in section 60.213 of the Saint Paul Legislative Code be and is hereby amended to read as follows: Massage parlor;-s�ear�-�eernf�a�hMease-€ae�}��y;-bea}�h-E�b�. AA � es�a�}�sHrnep�-}�Eepse�-�y-Eha��e�-4}�-e€-�He-E}�y-�e��s�a��ve-Eede A buildinu or aortion of a building which is used for offerinq "massape" defined as �he ' rubbin4, strokin4, kneadin4. taaainq or rolling of the bodv for the purposes of pleasure, relaxation, ahvsical fitness, or beautification, offered for a fee or other valuable consideration. apd-wb�Eh-�es��E�s-r��e�s-�y-v��ae-e€ a�e-a�d-�pe}a��pg-�bys�Ea}-ea��a�e-aA�-Mea}�b-se�v�Ees;-�bys�Ea}-ea}�a�e-a�� Hea}�h-E}a�;-�edae��-E�d�;-�edae�A�-sa�e�;-ap�-�assa�e-�a��e�: This definition shall include any building, room, structure, place or establishment used by the public other than a hospital , sanatorium, rest home, nursing home, .' boarding home or other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.703, inclusive, where non-medical and non-surgical ' manipulation exercises or massages are practiced upon the human body for a fee or other valuable consideration by anyone not duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, with or without the use of inechanical , therapeutic, or � bathing devices, or any room or rooms from which a masseur or masseuse is dispatched by telephone or otherwise for the purpose of giving a massage. ��ev�ded-�ba�-Ae-�assa�e-€e�-a-€ee-sHa}�-�e-��ve�-exEe��-��-a-}�Eepsed � ��er��se: Section 5. That section 60.215 of the Saint Paul Legislative Code be and is hereby � amended so as to add the following thereto: Obscene. Obscene has the same meanin4 as defined in chapter 274 of �he � Saint Paul Legislative Code. Obscene work. Obscene work has the same meaning as defined in chaater , 274 of the Saint Paul Legislative Code. Section 6. , That section 60.219 of the Saint Paul Legislative Code be and is hereby amended so as to add the following thereto: , Steam room/bathhouse facilitv. A building or portion of a buildinq used - for providinq a steam bath or heat bathing room used for the purpose of � � pleasure, bathinq, relaxation or reducinq, utilizing steam or hot air as a cleaning, relaxinq or reducing aqent. 6 � I � -4,�1 kc� � . ' � f I � I � � � S�ecified anatomical areas. �1 Less than com letel and o a uel covered: a human e' itals b � , ubic re ion c uttock a d d female breast below oint ; immediatel abov th to o the areola• and � Human male enitals in a di cernibl tur id st te even 'if � , com letel and a uel cov red. �pecified sexual activities. ' � � � I�j Human eni ls in a state o sexual stimulation or aro sal • , � I� Acts of human ma turbation se ual intercourse or sod • and � j � Fondlin or other erotic t uchin of human enitals bic re ion Ibuttock or female breast. � I � No obscene work shall be a lowed. i � ' Se tion 7. ` � il h of the Saint Paul Le isla�ive Code is That Sect�on 60.532, clause (2 9 here�y amended to read as follows: � � h Pb s�Ea�-ea��b�e-apd heal h s ort clubs1 ap�-�edaE�p�;-sa�e�s: ; t ) y � conversation ra arlors massa e arlors and steam room bathhouse � facilities which are not adult use . � i � � ' S ction 8. i . � ; That Section 60.543, clauses 0, 11, 12, 13, 14, 15, 16, 17 and 18 of th� Saint Paul Legislative Code be and are hereby amended to r�ad as follows: � (1¢) Adult ases bookstores subjec to the following condition�: � � (a) The ases adult bookstor shall be located at least �pe-�bebsap� � � �b�ee-bapd�e�-�wep�y-E� 32A} 2640 radial feet from �ny other adult j use in anv municipalitY measured in a straight line; from the j closest points of the o ert lines of the buildings in which the , i adult uses are located. i � (b) The adult ase bookstor shall be located at least �we-ba�d�ed-E288� � 800 radial feet from a y residentially zoned proper�'ty in an � � municipalitv. measured in a straight line from the �closest point of the proaertv line of t e building in which the adult ase bookstore ' is located to the clos st residentially zoned prop�rty line;-�b�s ' - � ee�d��e�a-�+ay-�e-wa�ve -�y-�be-��a��p�-eer�r��ss�e��-�€-�be-�e�sep a��y�p�-€e�-�be-wa�ve -sba��-€��e-w��M-�be-��a�p��-a��p�s��a�e� a-ee�se��-�e��e�-wb�Eh-��Ea�es-a��eva�-e€-�be�-��e�ese�-ada}� bse-�y-9A-�e�Ee��-ef- be-��e�e��y-ew�e�s-w��b�p-29A-�ad�a�-€ee�-e€ � , �be-�e�-e�-wb�EH-�He- se-wea�d-�e-}eEa�ed;-�be-�}a��p�-eer��ss�e�; Ee�s�de��g-saEb-a-wa ve►�;-sba}�-�ake-�be-�e}�ew��a�-��pd��s�-�ba� �be-��e�esed-�se-w�}� pe�-�e-Eep��a�y-�e-�be-�a�}#e-�p�e�es�-s� � 7 I � i IN-�-�- �4"��" , ' �p�dw�eds-�e-pea��y-��s�ep��es;-a��-�ba�-�be-s��-apd-�p�en�-e€ � �he-e�d�RapEe-w}}�-�e-e�served#-�ba�-�he-��e�esed-ase-w��-pe� ep�a��e-ep-e�eebra�e-�he-deve}epr�ep�-e€-a--'sk�d-�ew'-'-a�ea;-�ha�-�he � es�a��skrnep�-e�-ap-a�d��}epa�-ase-e€-�W�s-�y�e-}�-�Me-a�ea-w�}} pe�-�e-Eep��a�y-�e-aAy-pr�e��a�n-e€-�e��M�e�heed-eepse�va��e�-e� �r��eve�eA�;-e��he�-�es��e��a}-e�-pe�a-�es�dep��a};-ap�-�ba�-a}� I a��}�Ea��e-�e��a��e�s-e€-�h�s-e�d�pa�ee-w�}}-�e-e�se�ve�: ,� The adult bookstore shall be located at least 400 radial feet from anv "protected use" defined as: a buildinct in which a maioritv nf , floor space is used for residential purposes: a dav care center where such dav care center is a princiaal use; a house of worshia; a aublic librarv; a school (aublic, parochial or private � elementarv, iunior high or hiqh school ) ; a aublic reqional aark or parkwav, public park, public recreation center or public specialized recreation facility as identified in the aarks and � recreation element of the Saint Paul comqrehensive alan; a fire station; a communitv residential facilitv: a mission or a hotel/motel The distance shall be measured in a straiqht line � from the closest aoint of the Qroperty line of the buildinq in which the adult bookstore is located to the closest aoint of the propertv line of the buildinq in which is located an aforementioned protected use. , � (d) �He�e-sba��-�e-pe-aEEess-€�er�-�be-�a��d#��-}p-wb�Eb-�be-ase-�s �eEa�e�-�e-�be-a��ey-e�-�e-�es��e��a}}y-�eped-��e�e��y: � Conditions b and/or c mav be waived bv the planninq commission if the aerson applving for the waiver shall file with the planninq administrator a consent petition which indicates aparoval of the proposed adult bookstore bv 90 percent of the propertv owners , within 800 radial feet of the lot on which the use would be located; the planninq commission, in considerinq such a waiver, shall make the followinq findings: that the aroposed use will not � be contrarv to the public interest or in.iurious to nearbv properties, and that the spirit and intent of the ordinance will be observed; that the aroposed use will not enlarqe or encoura4e the � develo�ment of a "skidrow" area; that the establishment of an additional use of ttiis tvpe in the area will not be contrarv to anv pro4ram of nei4hborhood conservation or imarovement, either residential or non-residential ; and that all applicable regulations � of this ordinance will be observed. (e) Al1 signs shall comply with chapter 66 of the zoning code and with , chapters 274 and 275 of the Saint Paul Legislative Code. � No �erson shall engage in anv activitv or conduct or permit anv � other person to enqage in a� activitv or conduct in the adul� . bookstore which is prohibited bv anv. ordinance of the Citv of Saint Paul , the laws of the Sta�e of Minnesota, or the United States of America. Nothing in this ordinance shall be construed as � authorizinq or permittinq conduct whi_ch is prohibited or re4ulated _ bv other statutes or ordinances, includinq but not limited to statutes or ordinances prohibiting the exhibition, sale or , distribution of obscene material qenerallv, or the exhibition, sale or distribution of specified materials to minors. _ No obscene work 8 � � y-�.i-�� - 9J 1 � � ' � � : � � shall be a�llowed. jg� The s e ial condition u e ermit for the adult book tore shall be � reviewe annuall en ure that n chan e in use o curs and that no addi iona a ult use are added to the buildin ontainin h adult bookstore. , Lh,� The ad lt bo kstore is onsidered to be one use. N' two adult uses can be in the sam il in but mus be s aced 640' radi 1 fe t apart• � (Ei) The bse adult bookstore shall not be located withinla building also � used for residential pu poses. , 1 Adult cabarets sub'ec to th same condi ions listed ab ve in 60.543 10 � for adult ookstores with t e substitution of the hrase "adult cabaret" for the hrase "adu t bookstore" wherever it a ears. The � adult cabaret is considered o be one use. No two adul uses can be in the same buildin but must b s aced 2640 radial feet a art. 12 Adult conversation ra arlo s sub 'ect to the same conditions listed , above in 60.543 10 for adult bookstores with the subs itution of the � hrase "adult conversation a arlor" for the hrase " dult ookstore" wherever it a ears. The a u t conversation ra arlor �is considered to �. I be one use. No two adult u es can be in the same build n but must be s aced 2640 radial feet a a t. � 3 Adult health s orts clubs s b'ect to the same condition listed above in 60.543 10 for adult bookst res with the substitution f the hrase . "adult health s orts cl b" or the hr se "adult bookst re" wherever it , a ears. The adult health orts club is considered to be one use. No two adult uses can be in th same buildin but must be aced 2640 radial feet apart. , � 4 Adult massa e arlors sub'e t to the same conditions li ted above in 60.543 10 for adul bookst res with the substitution f the hrase "adult massa e arlor" for he hra e "adult bookstore" 'wherever it � ! a ears. The adult health orts club is considered to be one use. No two adult uses an be in th same buildin but must be aced 2640 radial feet aaart. ' �, Adult mini-motion icture t eatres sub 'ect to the same onditions listed above in 60.543 10 for adu t bookstores with the subs itution of the � hrase "adult mini-motion cture theatre" for the hra e "adult � bookstore" wherever it a e rs. The adult mini-motion icture theatre is considered to be on use No two adult uses can be 'n the same buildin b t must be s aced 2640 radial feet a art. ' � ! 6 Adult motion icture theatr s sub'ect to the same condi ions listed above in 60.543 0 for adu t bookstore with the subs itution of the hrase "adult motion ic ur theatre" for the hrase "a' ult bookstore" - ' wherever it a ears. The a ult motion icture theatre is considered to be one use. No two adult es can be in the same build''n but must be s aced 2640 radial feet a a t. ' , , 9 � - • , 17 Adu1t steam room/bathhouse facilities sub_iect to the same conditions . listed above in 60.543(10} for adult bookstores, with the substitution of the phrase "adult steam roomfbathhouse facilitv" for the phrase � "adult bookstore" wherever it aauears. The adult steam room/bathho,�tse facilitv is considered to be one use. No two adult uses can be in the same building but must be spaced 2640 radial feet apart. � 18 Other adult uses sub.iect to the same conditions listed above in . 60.543(10) for ad41t bookstores. with the substitution of the �hrasg "other adult use" for the phrase "adult bookstore" wherever it aQpears. , The other adult use is considered to be one use. No two adult use� can be in the same building but must. be saaced 2640 radial feet apart. �}}19) Auto repair, subject to the following conditions: , (a) The minimum lot area shall be fifteen thousand (15,000) square � feet. (b) A ten-foot landscaped buffer with screen planting and an obscuring � fence shall be required along any property line adjacent to an existing residence or adjacent to land zoned residential . (c) All repair work shall be done within an enclosed building. � (d) There shall be no outside storage. (}220) Accessory buildings, structures, and uses as defined in section 60.201. ., Section 9. � That Section 60.554, clauses 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the Saint Paul Legislative Code be and are hereby amended to read as follows: . (2) Adult ases bookstores subject to the following conditions: � (a) The ase adult bookstore shall be located. at least �b�ee-bb��e� � {3AA� 1320 radial feet from any other adult use in anv municipalitv measured in a straight line from the closest points of the �ropertv lines of the buildings in which the adult uses are located. (b) The ase adult bookstore shall be located at least e�e-bb��e�-{}BA� � � 400 radial feet from any �es��e��a}-ase residentiallv zoned proQertv in anv municipalitv, measured in a straight line from the � closest point of the propertv line of the building in which the ase adult bookstore is located to the �a��p�-�p-wq�Eb-�be-�es#�eA��a� ase-�s-�BEa�e� closest residentiallv zoned�ropertv line. � � The adult bookstore shall be located at least 200 radial feet from anv "protected use", defined as: a building in which a ma_ioritv of floor saace is used for residential aurposes; a dav care center � where such dav care center is a principal use; a house of worship; a public library; a school (public,�arochial or private " elementarv, iunior hiqh or hiqh school ) ; a public regional park or � parkwav, public park, public recreation center or public specialized recreation facilitv as identified in the aarks and 10 , � �{ . �i-�8 . ' ' - � recreation element of the Sa nt Paul com rehensive lan• la fire � station• a c mmunit residen ial facilit • a mission or hot 1 motel . The distance s 1 be measured in a strai t line from the closest oint of th ro ert line of the buil in in whic th ad lt bookst re i loca ed to the closest oi t of the � ro ert line of h buildi in which is located an af rementioned protected use. , �(d) Conditions b and r e ma b waived b the lannin com ission if I the erson a 1 in for the waiver shall file wi h the lannin � adminis rator a consent etition which indicates a rov�al of the � ro osed adult use b 90 rcent of the ro ert owner ' within 400 , i radial feet of th lot on hich th use would be locat d• the lannin commission in co siderin such a waiver sha 1 make the il followin findin s: that t e ro osed use will not be ontrar to ' I the ublic interest or in ' rious to nearb ro erties � and that the s irit and intent of the o dinance will be observed• t at the ro osed use will not enla e or encoura e the develo ent of a , "skidrow" area• that the establishment of an addition '1 use of this ; t e in the area will not be contrar to an ro ram f � ; nei hb rhood onservation or im rovement either resi ential or ' i non-resid ntial • and that all a licable re ulations f this I ordinance will be observe . I (�e) All signs shall comply wi h chapter 66 of the zoning i�ode and with , chapters 274 and 275 of t e Saint Paul Legislative Coide. I j ,� No erson shall en a e i an activit or conduct or � ermit an . � I other erson to en a e i an activit or conduct in �the adult bookstore which is rohi ited b an ordinance of th ' Cit of Saint � Paul the laws of the St te of Minnesota or the Uni ed .States of � America. Nothin in thi ordinance shall be constru d as , authorizin or ermittin conduct which is rohibite' or re ulated ; b other statutes or ordinances includin but not 1!imited to j statutes or ordinances rohibitin the exhibition ale or , distribution of obscene material enerall or the xhibition sale ! or distribution of s ec fied materials to minors. o obscene work shall be allowed. , ' � The s ecia; condition u e ermit for the adult b ok tore shall be reviewed annuall to en ure that no chan e in use o curs and th t no additional adult us s are added to the buildin containin the � adult bookstore. � � The adult bookstore is considered to be one use. o two adult uses , � can be in the same bui din but must be s aced 132 radial f�et aaart• (Ei) The ase adult bookstor shall not be located withi!n a building also , used for residential urposes. 3 Adult cabarets sub 'ect to he ame conditions listed a ove in 60.554 2 - , for adult bookstores with the ubstitution of the hr se "adult cabaret" for the hrase "a ult bookstore" wherever it ears. The adult cabaret is considere to be one use. No two adu�lt uses can be in , 11 � I �-- �i-�� ; . . • . � the same building but m�st pe s�aced 1320 radial feet apart. j4� Adult conversation/rap parlors subiect to the same conditions listed � above in 60.554�21 for adult bookstores. wit� the substitution of the �hrase "adult conversation/raa oarlor" for the ahrase "adult bookstore" wherever it aaaears. The adult conversation/raa aarlor is considered to , be one use. No two adult uses can be in the same buildin4 but must be. spaced 1320 radial feet apart. ,� Adult health/s�orts clubs subiect to the same conditions listed above in � 60.554(2) for adult bookstores, with the substitution of the phrase "adult health/snorts club" for the phrase "adult bookstore" wherever i� aaoears. The adult health/sports club is considered to be one use. No � two adult uses can be in the same buildinq but must be spaced 1320 radial feet apart. L6,� Adult massage aarlors subiect to the same conditions listed above in i 60.554�2L for adult bookstores, with the substitution of the phrase "adult massage parlor" for the ahrase "adult bookstore" wherever it � appears. The adult health/sports club is considered to be one use. No two adult uses can be in the same buildinq but must be spaced 1320 radial feet apart. �, Adult mini-motion picture theatres sub.iect to the same conditions listed ' above in 60.554(2) for adult bookstores, with the substitution of the phrase "adult mini-motion picture theatre" for the ahrase "adult ' bookstore" wherever it appears. The adult mini-motion picture theatre is considered to be one use. No two adult uses can be in the same . buildinq but must be saaced 1320 radial feet anart. � � Adult motion picture theatres sub.iect to the same conditions listed above in 60.554(2) for adult bookstores, with the substitution of the phrase "adult motion picture theatre" for the phrase "adult bookstore" ' wherever it apaears. The adult motion picture theatre is considered to be one use. No two adult uses can be in the same buildinq but must be spaced 1320 radial feet apart. � �„ Adult steam r.00m/bathhouse facilities sub.iect to the same conditions listed above in 60.554(2) for adult bookstores, with the substitution of � the ahrase "adult steam room/bathhouse facilitv" for the phrase "adult bookstore" wherever it aaaears. The adult steam room/bathhouse facility is considered to be one use. No two adult uses can be in the same building but must be saaced 1320 radial feet apart. � 10 Other adult uses sub.iect to the same conditions listed above in 60.554(2) for adult bookstores, with the substitution af the ,phrase "other adult use" for the ahrase "adult bookstore" wherever it appears � The other adult use is considered to be one use. No two adult uses can be in the same buildinQ but must be spaced 1320 radial feet apart Section 10. , That Section 60.563, clauses 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the Saint , Paul Legislative Code be and are hereby amended to read as follows: 12 , , �f-.��- k� , , � I � � (2) Adul ases bookstores subject to the following conditions: - � � (a) The dse adult bookstore shall b located at least �q�ee-Hbpi��e� � E3A8� 1320 radial feet from any other adult use in anv muni+ciaalitv ' i measured in a straight line fr the closest points of the �roRertv i lines of the buildings in whic the adult uses are located; (b)I The bse adult bookstore shall e located at least epe-Mapdped-f}88� ' � 400 radial feet from any �es�d p��a�-dse residentiallv zonhd ; propertv in any municipalitv, easured in a straight li'ne `from the ' closest point of the ro ert i e f the building in which the ase � I adult bookstore is located to the �a�}d�pg-�p-wp�ep-�qe-��s�de��a} � dse-�s-�sea�e�; closest r sid ntiall ned ro ert line, ,�, The adult bookstore shall be ocated at least 200 radial eet from , an " rotected use" defined s: a buildin in which a ma 'ori of il floor s ce is used for resid ntial ur oses• a da care �center � where such da care center is a rinci al use• a house o� worshi • , il a ub ic librar • a school ublic arochial or rivate elementar 'unior hi h or h' h school • a ublic re ion '1 ark or ; arkwa ublic ark ublic recreation center or ublic , s ecialized recreation facil t as identified in the ar s and recreation element of the Sa nt Paul com rehensive lan•' a fire . ' station• a communit residen ial facilit • a mission or �a ! hotel motel . The distance s all be measured in a strai ht line � j from the closest oint of t e ro ert line of the buil in in i which the adult bookstore i located to the closest oi t of the ro ert line of the buildi in which is located an af rementioned � protected use. j(d) Conditions b and or c ma b waived b the lannin co ission if , the erson a 1 in for th waiver shall file with the lannin i administrator a consent e ition which indicates a ro al of the ! ro osed adult use b 90 rcent of the ro ert owner within 400 radial feet of the lot on hich the use would be locat d• the � i lannin commission in co siderin such a waive�r sha� make the ; followin findin s: that t e ro osed use will not be ' ontrar to i the ublic interest or in 'urious to nearb ro erties ! and that the � s irit and intent of the rdinance will be observed• hat the � ro osed use will not enl r e or e coura e the develo ment of a j "skidrow" area• that the. stablishment of an addition 1 use of this � t e in the area w'l1 not b contrar to an ro ram f � nei hborhood conservation or im rovement either resi' ential or � non-residential • and that all a licable re ulations of this iordinance will be observ d. , (de) All signs shall comply w th chapter 66 of the zoning code and with . chapters 274 and 275 of he Saint Paul Legislative C �de. ' ,� No erson shall en a e i an activit or conduct or ermit an other erson to en a e i an activit or conduct i the adult _ ' , bookstore which is rohibited b an ordinance of t e Cit of Saint Paul the laws of the S ate of Minnesota or the Un ted States of America. Nothin in th s ordinance shall be constr ed as authorizin or ermitti conduct which is rohibit d or re ulated , 13 � � , �I I �-�..�,� �f i bv other statutes or ordinances, including but not limited to statutes or ordinances �rohibiting the exhibition, sale or � � distribution of obscene material qenerallv, or the exhibition, sale � or distribution of saecified matgrials to minors. No obscene work shall be allowed. � The special condition use aermit for the adult bookstore shall be , rpviewed annuallv to ensure that no change in use occurs and �hat no additional a�ult uses are added to the buildin4 containinq the adul� bookstore. ,; u The adult bookstore is considered to be one use. No two adult uses � can be in the same building but must be spaced 1320 radial feet � a.�art• (ei) The ase adult bookstore shall not be located within a building also '� used for residential purposes. ,L3,�, Adult cabarets subiect to the same conditions listed above in 60.563(2) for adult bookstores, with the substitution of the phrase "adult � cabaret" for the phrase "adult bookstore" wherever it apaears. The adult cabaret is considered to be one use. No two adult uses can be in the same buildinq but must be spaced 1320 radial feet apart. � �, Adult conversation/rap �arlors subiect to the same conditions listed above in 60.563,�2� for adult bookstores, with the substitution of the phrase "adult conversation/rap parlor" for the phrase "adult bookstore" ' wherever it aapears. The adult conversationJrap parlor is considered to be one use. No two adult uses can be in .the same buildi.ng but must _be spaced 1320 radial feet apart. � �j Adult health/sports clubs subiect to the same conditions listed above in 60.563(2) for adult bookstores, with the substitution of the phrase , "adult health/saorts club" for the phrase "adult bookstore" wherever it ap�ears. The adult health/sports club is considered to be one use. No two adult uses can be in the same buildinq but must be spaced 1320 radial feet a�art. , � Adult massa4e aarlors sub_ject to the same conditions listed above in 60.563(2) for adult bookstores, with t e substitution of the ahrase � "adult massage parlor" for the ahrase "adult bookstore" wherever it �aears. The adult health/sports club is considered to be one use. No two adult uses can be in the same buildinq but must be spaced 1320 � radial feet apart. � Adult mini-motion picture theatres subiect t.o the same conditions listed above in 60.563(2) for adult bookstores, with the substitution of the � phrase "adult mini-motion picture theatre" for the ahrase "adu)t ' bookstore" wherever it appears. The adult mini-motion picture theatre is considered to be one use. No two adult uses can be in the same, ' buildinq but must�be spaced 1320 radial feet apart. � Adult motion picture theatres sub.iect to the same conditions listed � above in 60.563(2) for adult bookstores, with the substitution of the phrase "adult motion picture theatre" for the ahrase "adult bookstore" 14 � �-��-�� , � • wh rev r it a ears. The adult mo ion icture theatre is cons dered to � , be one us . No two' adult es can be in the same buildin but° mu be s ced 13 0 radial feet a art. . u A ult steam room bathhouse facili ies sub'ect to the same con itions , 1 sted above in 60.563 2 for adu t bookstores with the subs itution of t e hr se "adult st am room bath ou e f cilit " for �the hra e "adult b okst r " wherever it a ears. he adult steam room bathhou e fa ilit � i co ider d to be n use. No wo adult uses can be in the same b ildin t ust be a ed 13 0 adial feet a art. �, ther a u u es ub'ec to the ame onditi ns listed above �in � 0.563 f r adult b okstores it the substitution of the! hrase other adult use" for the hrase "adult bookstore" wherever t a he other adult use is considere to be one use. No two adu t uses an � e in the sam buildin but must be s aced 1320 radial feet art. ; Section 11 , ' i jThat section 60.622, clause 1 o the Saint Paul Legislative Code be and is he�eby amended to read as follows: , 60.62�. Principal uses permitted. I an I-2 Industrial Districtithe use of land,ithe location and erection of�ne buildings or structures ar�d the alter�ation, enlargement, and moving f existing buildings or stryctures from ' otheN locations or districts shall c nform to the following spec�fied uses, unle�s otherwise provided in this co e: ! (1) Any uses permitted in the I-1 District as "principal pses � i permitted°��and "principal uses permitted subject to special conditions ex e t for a ult bookstores adult cabar ts adult i conversation ra arlors adult health s ort clubs dult massa e , I arlors adult mini-moti n icture theatres adult m tion icture ; theatres adult steam ro m athhouse facilities and ther adult � uses, provided that they meet at least the minimum c nditions , � imposed in each district i i S ction 12. � � That Section 60.624, clauses 4, 5, 6, 7, 8, 9, 10, 11 an� 12 of the Sa�nt Paul Legislative Code are he eby amended to read as follbws: , � Adult bookstores sub'ect to he followin conditions: � j�, The adult bookstore sha 1 be located at least 2640 h^adial feet from , i an other adult use in n munici alit measured i ' a strai ht line from the closest oint of the ro ert lines of t e buildin s in which the adult uses a e located. I i ' � The adult bookstore sh 11 be located at least 800 adial feet from Ian residentiall zone ro ert in an munici ali measured in a - strai ht line from the closest oint of the r er line of the � buildin in which the dult bookstore is located a the closest residentiall oned o ert line. , 15 . , � µ'�-�'�� i • • ' jcl The adult bookstore shall be located at least 400 radial feet from . anv "Qrotected use". defined as: a building in which a ma.ioritv of floor space is used for residential �urposes: a dav care center � where such dav care center is a principal use; a house of worship; a �ublic librarv; a school faublic, aarochial or private elementarv, �unior high or high school } ; a public regional park or � parkwav, aubli_c aark, aublic recreation center or public specialized recreation facility as identified in the aarks and recreation element of the Saint Paul comprehensive nlan; a fire station: a communitv residential facilitv; a mission or a , hotel/motel . The distance shall be measured in a straiqht line from the closest point of the �rooertv line of the buildin4 in which the adult bookstore is located to the closest noint of the , propertv line of the building in which is located an aforementioned protected use. � Conditions b and/or c mav be waived bv the plannin4 commission if i the person applvinq for the waiver shall file with the planninq administrator a consent petition which indicates approval of the proposed adult bookstore bv 90 percent of the propertv owners � within 800 radial feet of the lot on which the use would be located; the planninq commission, in considering such a waiver. shall make the followinq findinqs: that the proposed use will not ' be contrarv to the aublic interest or iniurious to nearby properties, and that the s�irit and intent of the ordinance will be observed; that the aroposed use will not enlar9e or encourage the � development of a "skidrow" area; that the establishment of an additional use of this tvpe in the area will not be contrarv,to anv proqram of neighborhood conservation or improvement, either residential or non-residential ; and that all applicable requlations , of this ordinance will be observed. � All si4ns shall complv with chapter 66 of the zoning code and with ' chapters 274 and 275 of the Saint Paul Legislative Code. � No person shall engage in anv activitv or conduct or permit anv other aerson to en4aqe in anv activitv or conduct in the adult t bookstore which is arohibited bv anv ordinance of the Citv of Saint Paul , the laws of the State of Minnesota, or the United States �of America. Nothing in this ordinance shall be construed as T ' authorizin4 or aermittinq conduct which is arohibited or regulated bv other statutes or ordinances, includin4 but not limited to statutes or ordinances prohibiting the exhibition, sale or , distribution of obscene material qenerallv, or the exhibition, sale or distribution af saecified materials to minors. No obscene work shall be allowed. � The special condition use aermit for the adult bookstore shall be � , reviewed annuallv to ensure that no chan4e in use occurs and that no additional adult uses are added to the building containinq the , adult bookstore. � The adult bookstore is considered to be one use. No two adult uses � can be in the same buildinq but must be spaced 2640 radial feet apart• 16 ' r �-�.r•s.� I i • , • � I, J . jiZ The dult bookstore shall no be loc ted within a buildin also , u ed for r i ential ur s s. � Adult ca arets su 'ect to the same condi ions listed above in 60.6 4 4 ' for adul bookstores with the substitut on of the hrase "adult cabaret" or the hrase "adult ookstore ' wherever it a ears. The ;' adult c aret is consid red to be one us . No two adult uses can b in ' the sam buildin bu must be s aced 26 0 radial feet a art. �j Adult c nversation ra arlors sub'ect o the same conditions liste` abov� i 60.624 4 for adult bookstore with the substitution of he i hrase "a ult conv r ation ra arlor" for the hrase "adult books ore" wherev r it a ears. The adult conver ation ra arlor is conside ed to be on use. N two ad lt uses can be 'n the same buildin but mu e � s ace 2640 radial feet a art. � Adult�health s orts clubs sub 'ect to he same conditions listed a� ove in � 60.62 4 for adult bookstores with he substitution of the hr s "adu t health s orts club" for the rase "adult bookstore" wher ver it a e rs. The adult health s orts cl b is considered to be one u e. No two dult uses can be in the same bu ldin but must be s aced 2b 0 , radial feet a art. � Adu t massa e arlors sub 'ect to th same conditions listed abo e in � 60. 24 4 for adult bookstores wit the substitution of the h ase "a ult massa e arlor" for the hr se "adult bookstore" wherev r it a ears. The adult health s orts lub is considered to �be one 'use. No , tw adult uses can be in the same uildin but must be s aced 640 ra ial feet a art. � A ult mini -motion icture theatre sub 'ect to the same condit ons listed � a ove in 60.624 4 for adult book tores with the substitutio' of the rase "adult mini-motion icture theatre" for the hrase "ad' lt ookstore" wherever it a ears. The adult mini-motion ictu e theatre ' s considered to be one use. No two adult uses can be in th same uildin but must be s aced 2 40 radial feet a art. 10 Adult motion icture theatres s b 'ect to the same condition liste ' above in 60.624 4 for adul�t bo kstores with the substitut on of he hrase "adult motion icture th atre" for the hrase "adult' bookstore" wherever it a ears. The adul motion icture theatre is nsidered to , be one us�e. No two adult uses can be in the same buildin 'but must be I s�aced 2640 radial feet apart. , 11 Adult steam room bathhouse fa ilities sub'ect to the same �conditions listed above in 60.624 4 for adult bookstores with the ub titution of . the hrase "adult steam room athhouse facil �t " for the hrase "adult bookstore" wherever it a ear . The adult steam room bat house facilit ' is consider d to be one u e. o two adult uses can be i ' the same buildin but must be s aced 640 radial feet a art. ' , , 12` Other adult uses sub 'ect to he same conditions listed a ove in 60.624 4 for adult booksto es with the substitution o the hrase "other adult use" for the rase "adult bookstore" wher ver it a ears. � 17 F ; i , �+-�-�-8,y" � �vMITE - Gt�TV ClE1�K-- - - -- - � -- � --- � ------ �-�--- -- -.---� -- . .--- �- ---'- - - -- �----�-- -...----�_---' PINK - FIN1►NCE G I TY O F SA I NT PA U L Council ��, � / C�NAI�V �OEOART/rENT � OLUE -MAYOM � Flle NO. � Ordin�nce Ordinance N 0. � Presented By , Referred To Committee: Date Out of Committee By Date ' The other adult use is considered to be one use. No two adult uses can be in the same building but must be spaced 2640 radia feet apart. . ' Section 13 Every sect�ion, provision or part of this ordinance is declared to be � separate from every other section, provision or part; and if any section, provision or part shall be held invalid, the invalidity shall extend only to the section, provision or par� involved and shall not affect any other, and , the remainder of this ordinance shall remain in full force and effect to be construed as a whole. Section 14 ' This ordinance shall be in force and take effect thirty (30) days from � and after its passage, approval and publication. , ' ' � ' � COUNCILI�IF,N R uested b De artment of: � ' Yeas Nays � Y P Drew Nicosia ln Favor Rettman Stheibel Against By Sonnen Tedeseo , Wilson Form Approved by City Attorney Adopted by Council: Date Cartified Passed by Council Secretary BY By Approved by htayor: Date Approved by Mayor for Submission to Council ' $y BY t ;I i C DITS � I and Polic Direction: Adminfistration y ' i Kenneth R. Johnson, Director � Peggy A. Reichert, Deputy Direc or for Planning ' i Lawrence Soderholm, Principal P anner Plan�ing and Research: , i Mark E. Vander Schaaf, City P1 nner ' ' i � I ' I . I , il ' ' � , � ' i � , ! � ' I i , - ' , , ' � I� � �� .. � �`/ / i Commercial ��a,reas of the city pa ronized by young people and children should be fr� of adult enterta'nment land uses. � j Adult entertainment land uses s ould be regulated by zoning to separate � it from other diss�amilar uses j st as any other land use should be separated from uses,with charac eristics different from itself. Residents of the City of Saint aul , and persons who are non-residents but use the city for sh"opping a d other commercial needs, will move from the community or shop els,ewhere if adult entertainment land� uses are allowed to locate in close� proximity to residential and othler commercial uses, churches, parks, and 'Qthe public facilities and schopls. Location of adult entertainment land uses in proximity to r�esidential uses, churches, parks and othe 'r,public facilities, and schopls and 'I commercial uses may lead to inc�eased levels of criminal ac!tivities, including prostitution, rape, i cest and assaults in the viicinity of ', such adult entertainment land u es�� ' I Merchants in the commercial are of the city are concerned �bout adverse � impacts upon the character and uality of the city in the e�rent that adult entertainment land uses a e located within close proximity to ' residential and commercial uses, churches, parks and other public facilities and schools. Locati n of adul�t entertainment land uses in close proximity to residential nd commerc;aal uses, churches, parks, and I other public facilities and sch ols, will reduce retail trade to � commercial uses in the vicinity, thus reduciqg property values and tax revenues to the City. Such adv rse effects on property values will cause the loss of some commerci 1 establishments followed by a blighting effect upon the commercial dist icts within the`�.,city, leading to further deterioration of the commercial quality of the ci,ty. No evidence has been presented o show that the loeation of' adult entertainment land uses within he city will improve the co�nmercial viability of the community. � �I Experience in numerous other ci ies, including Saint Paul , �linneapolis, Indianapolis, Phoenix, Los Ange es, Seattle, Tacoma and Det1^oit have ,� shown that location of adult en ertainment land uses degrad� the quality �� of the area of the city in whic they are located and causela blighting ! effect upon the city. ' b ' A reasonable regulation of the ocation of adult entertainmtnt land uses i will provide for the protection of the image of the communi�y and its property values, and protect th residents of the community from the adverse effects of such adult e tertainment land uses, while providing to those who desire to patroniz adult entertainment land u es such an opportunity in areas of the cit which are appropriate for �ocation of adult entertainment land uses. � The community will be an undesi able place to live and shoplin if it is known on the basis of its image as the location of adult en ertainment land uses. 2 I , I ' — � �� , s le atmosphere for the rearing of families cannot be achl'ieved in lose oximity to adult entertainment land uses. he initia location of adult en ertainment land uses will 1 ad to the ocation of ditional and simil r uses within the same vici�ity, thus �ultiplying th adverse impact o the initial location of ad lt �ntertainment 1 d uses upon the residential and commercial ses, hurches, parks a d other public facilities and schools, and the impact pon the image and uality of th character of the community � � . � I � � , i I I I , i i I ; , I I � , . `�. I i I i I i I ' I � 3 , i • � THE C�UNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: � Sec ion 1. I � That the definitions f the te ms Adult Bookstore, Adult C�baret, Adult Conve�sation/Rap Parlor, Adult ealth Sports Club, Adult Massage �arlor, Adult Mini- otion Picture Theatre, Adu t Mo ion Picture Theatre, Adult �auna and Adult� Uses, contained in section .2 1 of the Saint Paul Legisla ive Code, be and a e hereby amended to read as 1 ows: Adult bookstore. A sMe� buildi or ortion of a buildin sed for the barte , rental or sale of items consi t of printed matter, pic ures, slides records audio ta e videota o motion picture film if �uch sHe� buil in or ortion of a buildin is ot o en to the public gener�lly but only to o e or more classes of the public xclud g any minor by reaso� of age: � or i a substantial or si nificant o tion o such items are dist'n uished or char cterized b an em hasis on the d iction r descri tion of "' ecified sexu 1 activities" or "s ecified anat mical are s." No obscene w rk shall be allo ed. ; Adult cabaret. A�-es�a��sb�e �-wb�EH-��ev� es A buildin ��or portion of a bu ldin used for rovidin �e-ge- apEe�s;-exe��e �apEe�s;-s��q�e�s;-e� s�r�� a�-ep�e��a�pe�s dancin or othe live entertain ent if suc buildin or ort on of a buildin apd-wb�Eb excl des minors by vi tue of age. , or if such danc n or other live entertainment is distin uished o character�ized b an em h sis on the resentation dis la de iction or des ri tion f "s ecified sexu 1 activities" or "s ecified ana omical areas." No bscene ork shall be allo ed. � � Adult conversation ra arlor. A conversation ra � lor hich excludes mino s b reason of a e or which r vides the service of e a i in or list nin to conversation talk or d scussion if such servi e i dist'n uished or characterized b an em hasis on "s ecified s u 1 activities" or " ecified anatomical areas." No obscene work shall be all w d. Adult health s ort club. A he lth s ort club which exclud' s minors b reas n of a e or if such club is di tin uished or characterized b an em h sis on "s ecified sexual activi ies" or "s ecified anatomic 1' areas." No obsc ne work shall be allowed. ' Adult massa e arlor. A massa e arlor which restricts mi ors ' reason of e or which rovides the servic of "massa e" if such servi ce i� dis in uished or characterized b an em hasis on "s ecified sexu 1 act�;vities" or "s ecified anatomical areas." No obscene work shall be allow d. , `� Adult mini-motion picture thea re. Ap-epE�esed-�a��d�p� A buildinq;or or ion of a buildin with a capacit for less than 50 persons uFsed for � pre enting material �e€�ped-�y-P9��p se�a-��a�a�es-6��:292-as-'-'se�caa}}y ��e eEa��ve'-'-apd-wb�Eb if such buil in or ortion of a buildin ' as a pre ailing practice excludes minors by virtue of age: or if s ch material dis in uished or characterized b a em hasis on the de iction descri tion of ' s ecified sexual activities" or "s ecified anatomical areas' for obs rvation b atrons therein. No obscene work shall be allow d. 4 I I i Adult motion picture theatre. p-e�E�ese�-�a�}��p� A build n or ortion of a buildin with a capacity of 50 or more persons used For pres nting materi��a. �e€�pe�-�y-M�p�es �a-��a�a�es-6��:�92-as-'-'sexba}}y ��ev ea��ve-ap�-wb�� if such buildin or ortion of a buildin a's a __- prev iling practice ei�ludes minors b virtue of age: , or if suc� material is distin uished or charac`�erized b an m hasis on the de iction or descri tion of "s ecified sexual acti ities" or " ecified anatomical areas" or obser ation b atrons the' in. No o scene work shall be allowed ; .. IAdult sauna. A buildin or or ion of a buildin used for rovidin a steam bath or heat bathin roo used or the ur ose of leasure bathin relax tion or reducin utilizi st am or hot air as a cleanin relaxin or reduc'n a ent if such buildin oi�. o tion of a buildin restrict minors b reaso of a e or if the service r i ed b the sauna is distin u shed or chara terized b an em hasis on "s e fied sexual activities" or s ecified anato ical areas. " No obscene work s all be allowed. ',A Adult uses. Ada}�-ases-a�e-�be e��ses-exE�ad��-�a�s-wq�eb-a�e-�e�-e�e� �e-�b -�a�}�e-ge�e�a�}y-�a�-ep�y-�e-e e-e'�-r�e�e-e�asses-e€-�Me-�ab��E-apd exE}a �p�-apy-��pe�-�y-�easep-e€-a�e; a-��s►�-�e��-a-�e�se�-bpdeM-�be-a�e-e€ e�gb� ep-yea�s: Adult uses include;- a�-a��-pe�-}��ed-�e; adul� bookstores, adult motion picture theatres, adult ini-mo'tion picture theatres� adult massa e parlors, adult saunas, adult ap/conversation parlors, adult healt s ort clubs, adult cabarets, e -s�r��}a��ada��-ases: and ott�er premises, enter rises businesses or laces o e to some ' r all members of he ublic at or in which there is an em hasis o the reset�tation dis la �de iction or descr tion of "s ecified sexual acti ities" or "� ecified anatomical areas" which are ca able of bein seen b me bers of the ublic. No obs ene work shall be allowed. � ,-, �, Sec ion 2. , � � � 'That the definition of Conversa ion/Rap Parlors c ntained ir� section 60.20� of the Saint Paul Legislative ode be and is here y amende� to read as fol 1 ov�s: Conversation/rap parlors. Ap-es a�}�sH�ep� A buildin or ortion of a buildin in which there is }�eepsed-�y-6ba��e�-4�3-e�-�be-6� y-8�d�papEe-apd adver ising, offering or selling the s rvice of engaging in lisltening to conve sation, talk or discussion �e�we �-ap-e��}eyee-e�-�be-e �a�}#sb�e��-a�d a-Eas er�e�, regardless of whether othe goods or services are lso� simul aneously advertised, offered or old, and regardless of ether those other oods or services are also requi ed to be licensed. ' � he term "conversation parlor" s all not include bona fide �gal , medica , psychiatric, psychological , o counseling services by a p rson or firm a propriately licensed; or bona f de educational institutions or panels, semina s or other similar services off red by such institutions; o� churches or syn gogues. Sect on 3. hat section 60.208 of the Saint Paul Legislative Code be an is hereby amende so as to add the following the eto: � Health s ort club. A buildin r ortion of a buildin des ned and e ui ed for the conduct of s orts e ercise leisure time activi ies or other cust mar and usual recreational activities o erated for rofit ' r not-for- rof t and which can be o en onl to bona fide members and uests' of the or a ization or o en to the ublic for a fee. Section 4. That the definition of massage parlor, sauna, health club c ntained in sect�on 60.213 of the Saint P,�ul Legislative Code be and is hereb�i amended to readlas follows: � Massage parlor;-saa�a;-bea}'�-E�a�. Ap-es�a��sb�e��-}�eep�sed-�y eba� e�-4�2-e€-�be-6��y-�e��s�a��ve� ede A buildinq or portion of a buildinq whic is used for offerin "massa e" efined as the rubbin stro in knea in ta in or rollin of the o for the ur oses of le sure rela ation h sical fitness or beauti ication offered for a fe or other valu ble consideration. a�d-wb�eb-�es��e s-��pe�s-�y-v��ae-e�-al�e-apd ��E� d�pg-�bys�Ea�-Ea}�a�e-apd-bea��b-se�v'Ees;-�Hys�Ea}-Ea}�b�e-�ap�-bea��b E}a� -�e�aE��-E�a�;-�edaE�p�-sa�ep;-apd-�a a�e-�a��e�: This deifinition shal include any building, room, st ucture, lace or establishm�nt used by the ublic other than a hospital , sa atorium, est home, nursing ,home, boar ing home or other institution f r the hosp talization or car�e of human bein s, duly licensed under the provisions of Mi esota Statutes,' Sections 144. 0 through 144.703, inclusive, w ere non-medic�l and non-surc�ical mani ulation exercises or massages a e practiced up�n the human biody for a fee or o her valuable consideration by a yone not duly 1`'�censed by the State of Minn sota to practice medicine, surg ry, osteopathy, '�hiropractic, physical ther py, or podiatry, with or withou the use of inechai�ical , therapeutic, or bath ng devices, or any room or room from which a mass�,ur or ma�seuse is disp tched by telephone or otherwise for the purpose of g,iving a massage. ��ev de�-�Ha�-�e-r�assa�e-�e�-a-€ee-s a}}-�e-��ve�-exee��-�-a-}��epsed ��er� se: '`e �•. I Se tion 5. A`� � That section 60.215 of the Sai t Paul Legislative Code be�a�nd is hereby amen ed so as to add the following t ereto: t, � Obscene. Obscene has the same meanin as defined in cha t 274 of the Sain Paul Le islative Code. � j Obscene work. Obscene work ha the same meanin as define in cha ter 274 f the Saint Paul Le islative Co e. Se tion 6. That section 60.219 of the Sai t Paul Legislative Code be alnd is h reby amen ed so as to add the following t ereto: � Sauna. A buildin or ortion f a buildin used for rovi in a ste m bath or heat bathin room used for t e ur ose of leasure bath n rela ation or reducin utilizin st am or hot air as a cleanin relaxin or redu in a ent. 6 f I I � �pecified anatomical areas. ; �. Less than com letel and o uel covered: a human itals b ubic re ion c buttock nd d female breast below oint immediatel above the to o the areola• and �. uman male enitals in a di cernibl tur id state even if � c` letel and o a uel cov red. I ,, �Specified'`}sexual activities. � 1 Human �'�.nitals in a state o sexual stimulation or arou al • 2 Acts of hu an masturbation sexual intercourse or sodom • and ;, � Fondlin or '�ther erotic to chin of human enitals u ic re ion buttock or fe'male breast. i � No obscene work'� hall be al owed. i Sec ion 7. That Section 60.532, clause (2) of the Saint Paul Legislatiive Code is hereb amended to read as follow�,: , (h) Pbys�Ea}-ea��a�e-a�d heaa.t s ort clubs� apd-�edae�pg-s�a}eps: conversation ra arlors '� assa e arlors and saunas w 'ich are not adult uses. � Sec i�bn 8. � `.` That Section 60.543, clauses 10 11'`,, 12, 13, 14, 15, 16, 17 and 18 of the S int Paul Legislative Code be an are ,hereby amended to read ' as follows: (10) Adult ases bookstores subject t the t��llowing conditions: (a) The ases adult bookstore s all be l�qcated at least e�e-�beasapd �H�ee-Mapd�ed-�we��y-f�;32 � 2640 rat�ial feet from any �other adult use in anv municipalitv me sured in a`�,straight line fr�m the closest points of the ro rt lines o`f the buildings in which the adult uses are located. � ' (b) The adult ase bookstore sh 11 be located��t least �we-hapd�ed-f2AA� 800 radial feet from any r sidentially zo d property n an municipalitv, measured in straight line rom the clo est point of the propertv line of the b ilding in which he adult aSe bookstore is located to the closest esidentially zone property; line;-�b�s Ee�d��ep-r�ay-�e-wa�ved-�y �We-�}app�pg-Eer�� s�e�-��- He-�e�sep a��}y��-�e�-�be-wa�ve�-sb ��-��}e-w��b-�be-� a�p��-a r��p�s��a�e� a-Eepsep�-�e��ep-wb�eb-� d�Ea�es-a��eva}-e �be-��e esed-ada�� ase-�y-98-�e�Eep�-e€-�qe-� e�e��y-ew�e�s-w��b� -�AB-�a �a}-€ee�-e€ �Me-}e�-ep-wb�Eb-�be-ase-w a}d-�e-}eea�ed�-�Me- �app�� -ee��ss�s�; Ee�s�de��-saEH-a-wa�ve�; sba�}-�ake-�He-€e��ew'p�-€� d�p�s=-�ba� �be-��e�ese�-ase-w�}}_�e�- e-Eep��a�y-�e-�be-rya� �e-�� e�es�-e� �p3a��eas-�e-�ea��y-��e�e� �es;-apd-�ba�-�be-s��'�-a� -��ep�-e€ 7 � I ' I I ' i I �be-e��papEe-w��}-�e-e�s �ved;-�ba�-�He-��e�ese�-bse-�w��-pe� ' ep}ai��e-e�-e�Eea�age-�be- eve}e��e��-e�-a-'-'sk�d-�ew"-a��ea;-�ba�-�be I'� es�a�� 'sb�ep�-e€-ap-ad��epa}-ase-e€-�b�s-�y�e-��-�be�-a�ea-w�}} pe�-�e- ��a�y-�s-a�y-��s �ar�-s€-�e��b�e�beed-Ee�se�v�a��e�-e� � ��ever� �;-e��be�-�es�de ��a}-e�-�ep-�es�dep��a�;-a��-�ba�-a}} ary�}�Ea��e �e�a}a��eps-e�- b�s-e�d��apee-w#}}-�e-e�se� ed: � The adult boo store shall e located at least 400 radi 1 feet from I an " rotecte use" defin d as: a buildin in which a ma 'orit of floor s ace is ed for re idential ur oses• a da ca e center where such da c e center is a rinci al use• a house of worshi • a ublic librar • school ublic arochial or riva e elementar 'unior i h or hi h school • a ublic re i nal ark or arkwa ublic ark ubl c recreation center or ubl c s ecialized recreatio fac lit as identified in the rks and recreation element of e aint Paul com rehensive la • a fire station• a communit re 'd ntial facilit • a mission o a hotel motel . The distanc shall be measured in a stra ht line from the closest oint of he ro ert line of the bui din in which the adult bookstore located to the closest o nt of the ro ert line of the build n in which is located an a orementioned protected use. � (d) �be�e-sba}�-�e-pe-aEEess-€ er�- e-�a��d�pg-�p-wb�Eb-�M�-bse-�s }eEa�e�-�e-�be-a}�ey-e�-�e �es� p��a}}y-�eped-��e�e��±: Conditions b and or c ma e wai d b the lannin co ission if the erson a 1 in for th waive shall file with the ' lannin administrator a consent e ition w ich indicates a ro al of the ro osed adult bookstore b 90 erc nt of the ro ert owners within 800 radial feet of he lot on which the use woul'd be located• the lannin commission in onsiderin such waiver shall make the followin findin s: th t the ro osed u e will not be contrar to the ublic interest or n 'urious to nea ro erties and that the s irit and int nt of the ordin nce will be observed• that the ro osed use will no enlar e or enc ura e the develo ment of a "skidrow" area• that th�. establishment' of an additional use of this t e in the area w�,ll not be con rar to an ro ram of nei hborhood con ervation or im rovement ei her residential or non-residential • and that al'� a licable' re ulations of this ordinance will be o served. (e) All signs shall comply with chapter 66 of the`�zoning code and with chapters 274 and 275 of the Saint Paul Legisla�tive Code,. �, No erson shall en a e in a activit or condu t or e mit an other erson to en a e in a activit or conduc in th adult bookstore which is rohibit d b an ordinance o the C t of Saint � Paul the laws of the State of Minnesota or the ited States of America. Nothin in this o dinance shall be const ued s authorizin or ermittin c nduct which is rohibit d o re ulated b other statutes or ordina ces includin but not imi ed to statutes or ordinances roh bitin the exhi6ition s le or distribution of obscene mat rial enerall or the ex i ition sale or distribution of s ecifie materials to minors. No scene work shall be allowed. I � i i , � � The s ecial condition use ermit for the adult booksto e shall be r� iewed annuall to ensur that no chan e in use occu s and that no � ditional adult uses e added to the buildin con ainin the ' adult ��bookstore. � �, The adul bookstore is con idered to be one use. No t o adult uses can be in e same buildin but must be s aced 2640 ra ial feet � apart• (Ei) The ase adult b okstore sh 11 not be located within a building also used for residen ial purpo es. � 11 Adult cabarets sub 'ect t the ame conditions listed above in 60.543 10 for adult bookstores wit the substitution of the hrase " dult cabaret" for the hrase "a lt bookstore" wherever it a e s. The adult cabaret is considered o be one use. No two adult u es can be in the same buildin but must be aced 2640 radial feet a ar . 12 Adult conversation ra arlors ub'ect to the same conditi ' s listed above in 60.543 10 for adult o kstores with the substit tion of the hrase "adult conversation ra a lor" for the hrase "adult bookstore" ' wherever it a ears. The adul co versation ra arlor is considered to be one use. No two adult uses can e in the same buildin ut must be spaced 2640 radial feet apart. ', 13 Adult health s orts clubs sub' ct to t e same conditions listed above in 60.543 10 for adult bookstore with t e substitution of he hrase "adult health s orts club" for the hras "adult bookstore' wherever it a ears. The adult health s o ts club is considered to be one use. No two adult uses can be in the s me buildin but must be s a ed 2640 radial feet apart. 14 Adult massa e arlors sub 'ect o the same co ditions liste above in 60.543 10 for adult bookstore with the sub titution of he hrase "adult massa e arlor" for the hrase "adult b okstore" wh rever it ; a ears. The adult health s o ts club is consi�lered to be 'one use. No two adult uses can be in the s me buildin but ust be s a ed 2640 ; radial feet apart. `�. � 15 Adult mini-motion icture thea res sub 'ect to the ame con itions listed above in 60.543 10 for adult ookstores with the ''substit tion of the , hrase "adult mini-motion ict re theatre" for the 'hrase adult bookstore" wherever it a ears The adult mini-motio ic ure theatre is considered to be one use. o two adult uses can be, in he same buildin but must be s aced 26 0 radial feet a art. 16 � Adult motion icture theatres ub 'ect to the same conditio s listed above in 60.543 10 for adult ookstores with the substi� tion of the hrase "adult motion icture t eatre" for the hrase "adul' bookstore" wherever it a ears. The adul motion icture theatre is nsidered to be one use. No two adult uses can be in the same buildin 6:ut must be spaced 2640 radial feet apart. 17 Adult saunas sub 'ect to the sa e conditions listed above i 60-:543 10 9 I i��,�� I for adu bookstores with the substitution of the hrase " dult sauna" for the ase "adult bookstore" wherever it a ears. The dult sauna � is conside d to be one use. N two adult uses can be in t e same buildin but ust be s aced 264 radial feet a art. 18 �� Other adult uses sub'ect to the same conditions listed abov in 60.543 10 for ad t bookstores with the substitution of t e hrase "other adult use" r the hras "adult bookstore" wherever it a ears. The other adult use consider d to be one use. No two ad lt uses can be in the same buildi but mus be s aced 2640 radial feet a art. �}}ll) Auto repair, subject to he fo lowing conditions: (a) The minimum lot area s 11 be fifteen thousand (15,000� square , feet. i (b) A ten-foot landscaped buf r with screen planting and n obscuring fence shall be required al g any property line adjace�t to an existing residence or adja e t to land zoned residenti�l . (c) All repair work shall be d ne ithin an enclosed building. I (d) There shall be no outside tora . (�22 ) Accessory buildings, structure , and� ses as defined in sel�tion 60.201. � Sec ion 9. � That Section 60.554, clauses 2, 3, 4, 5, 7, 8, 9 and 10 �f the Saint Paul Legislative Code be and are here y amended read as follow5: (2) Adult ases bookstores subject t the followi g conditions: I (a) The bse adult bookstore sh 11 be located t least �b�e -bapd�ed f38A} 1320 radial feet fro any other adu use in an munici alit measured in a straight lin from the close t points of;the propertv lines of the buildings in hich the adult u es are loc�ted. , I � (b) The ase adult bookstore sh 11 be located at east e�e-qapd�e�-f�eA} 400 radial feet from any � s�dep��a�-ase resi entiall zoned ro ert in an munici ali measured in a st aight l ne from the closest point of the ro e t line of the buil ing in which the ase adult bookstore is located to the �a��R�-�p-W �eH-�M -�es��ep��a� ase-#s-�eEa�e� closest res dentiall zoned ro t li e. u The adult bookstore shall e located at least 200 radi l feet from an " rotected use" defin d as: a buildin in whi h a a 'orit of floor s ace is used for re idential ur oses• a da ca e center where such da care center is a rinci al use• a ho se f worshi • a ublic librar • a school ublic arochial or ri a e elementar 'unior hi h or hi h school • a ublic re al ark or arkwa ublic ark ublic recreation center or ubl s ecialized recreation facilit as identified in the ks and recreation element of the aint Paul com rehensive la • a fire station• a communit resid ntial facilit • a mission o a 10 ', hotel motel . The distance shall be measured in a stra ht line ' from the closest oint of he ro ert line of the bui din in , which the adult bookstore s located to the closest o nt of the ' ro ert line of the build n in which is located an a orementioned '� rot ted use. (d) Conditio s b and or c ma e waived b the lannin co mission if I the erso a 1 in for th waiver shall file with the lannin administra r a consent e ition which indicates a ro' al of the ' ro osed adu t use b 90 rcent of the ro ert owner within 400 ', radial feet o the lot on hich the use would be locat d• the ' lannin commis ion in co siderin such a waiver sha 1 make the followin findin : that t e ro osed use will not be ontrar to I the ublic intere or in ' rious to nearb ro erties and that the � s irit and intent o the o dinance will be observed• t at the ro osed use will no enla e or encoura e the develo ent of a � "skidrow" area• that e e tablishment of an additiona use of this t e in the area will t e contrar to an ro ram o nei hborhood conservatio r im rovement either resid ntial or non-residential • and that 11 a licable re ulations o this ordinance will be observed ; (de) All signs shall comply wit apter 66 of the zoning c�de and with I chapters 274 and 275 of th S �nt Paul Legislative Cod . W .jf.� No erson shall en a e in n a ivit or conduct or rmit an other erson to en a e in n act''vit or conduct in t e adult bookstore which is rohibi ed b a ordinance of the it of Saint ' Paul the laws of the Stat of Minn sota or the Unite States of � America. Nothin in this rdinance hall be construed as � authorizin or ermittin onduct whi h is rohibited r re ulated I b other statutes or ordin nces inclu in but not lim ted to statutes or ordinances ro ibitin the xhibition sal or distribution of obscene ma erial eneral` or the exhibition sale � or distribution of s ecifi d materials to�..minors. No ` bscene work � shall be allowed. `�, , "��, i I� jg� The s ecial condition use ermit for the adi� t booksto e shall be reviewed annuall to ensur that no chan e ir� use occu s and that no additional adult uses a e added to the bui in con ainin the adult bookstore. � : u The adult bookstore is considered to be one use. No t o adult uses � can be in the same buildin but must be s aced 1 0 ra ial feet � a,�art• (ei) The ase adult bookstore shall not be located within a �uilding also used for residential purposes. � ; �' f t� u Adult cabarets sub 'ect to the ame conditions listed above in 60.554 2 for adult bookstores with the substitution of the hrase ' dult cabaret" for the hrase "adult bookstore" wherever it a e 's. The adult cabaret is considered to be one use. No two adult u e`s can be in the same buildin but must be aced 1320 radial feet a ar . 11 � � i � Adult c versation ra arlors ub 'ect to the same conditio s listed above in .554 2 for adult bo kstores with the substitut on of the j hrase "adu conversation ra arlor" for the hrase "adul bookstore" wherever it a ars. The adult conversation ra arlor is onsidered to be one use. No o adult uses an be in the same buildin ut must be s aced 1320 radia feet a art. � � Adult health s orts c bs sub 'e t to the same conditions li te above in 60.554 2 for adult boo stores with the substitution of th hrase , "adult health s orts clu " for he hrase "adult bookstore" wherever it i a ears. The adult health s o s club is considered to be n use. No two adult uses can be in th sa e buildin but must be s ac d 1320 radial feet aaart. ,� Adult massa e arlors sub 'ect t the same conditions listed above in 60.554 2 for adult bookstores 'th the substitution of th hrase "adult massa e arlor" for the h se "adult bookstore" wh ever it a ears. The adult health s o ts c ub is considered to be ne use. No two adult uses can be in the s e bu ldin but must be s a d 1320 radial feet apart. , � Adult mini-motion icture thea res sub ct to the same con itions listed � above in 60.554 2 for adult b okstores with the substitu ion of the � hrase "adult mini-motion ict re theatr ' for the rase " dult bookstore" wherever it a ears. The adul mini-motion ic 'ure theatre ' is considered to be one use. o two adult ses can be in e same buildin but must be s aced 13 0 radial fee a art. �8,Z ' Adult motion icture theatres ub 'ect to the ame conditio s listed above in 60.554 2 for adult b okstores with he substitu ion of the hrase "adult motion icture t eatre" for the rase "adul bookstore" wherever it a ears. The adul motion icture eatre is onsidered to be one use. No two adult uses can be in the sam buildin ' ut must be spaced 1320 radial feet apart. � .� Adult saunas sub 'ect to the sa e conditions listed above i 60.554 2 for adult bookstores with the substitution of the hrase ' adult sauna" for the hrase "adult bookstor " wherever it a ear . The adult sauna is considered to be one use. o two adult uses can e in he same ; buildin but must be s aced 13 0 radial feet a art. � 10 Other adult uses sub 'ect to th same conditions liste abo 'e in 60.554 2 for adult bookstores with the substitution f t e hrase "other adult use" for the hra e "adult bookstore" wher ve it a ears. The other adult use is conside ed to be one use. No tw a ult uses can � be in the same buildin but mu t be s aced 1320 radial e a art. Sec ion 10. That Section 60.563, clauses 2 3, 4, 5, 6, 7, 8, 9 and 1 I,of the Saint Paul Legislative Code be and are her by amended to read as follo s: (2} Adult ases bookstores subject o the following conditions: ' (a) The ase adult bookstore s all be located at least �W��e-Ha��ed 12 � ' � I � �38A} 1320 radial feet fro any other adult use in anv; municipalitv measured in a straight lin from the closest points of' the ro ert lines of the buildings in hich the adult uses are loc ted. ; (b) The ase adult bookstore sh 11 be located at least epe-�a�d�ed-{}A8� ; 40fl radial feet from any � s��e��a�-ase residentiallv, zoned ro '�ert in an munici ali measured in a straight line from the close , point of the ro e t line of the building in which the ase , adult bo kstore is located to the �a��d��-�p-wb�Eq-�b -�es�dep��a� ase-�s-�e �e�; closest re identiall zoned ro ert 1 ne. ; � The adult boo tore shall e located at least 200 radi 1 feet from i an " rotected se" defin d as: a buildin in which a�ma 'orit of floor s ace is u d for re idential ur oses• a da ca' e center where such da car center is a rinci al use• a house of worshi • , a ublic librar • a chool ublic arochial or riva e � elementar 'unior hi or hi h school • a ublic re i nal ark or � arkwa ublic ark bl c recreation center or ubl c s ecialized recreation c lit as identified in the rks and ' recreation element of the aint Paul com rehensive la • a fire station• a communit resid tial facilit • a mission o a hotel motel . The distance all be measured in a stra ht line I from the closest oint of he ro ert line of the bui din in ! which the adult bookstore s 1 cated to the closest o nt of the ro ert line of the build n i which is located an a orementioned protected use. (d) Conditions b and or c ma e waive b the lannin co ission if the erson a 1 in for th waiver all file with the lannin administrator a consent e ition whi indicates a ro al of the ro osed adult use b 90 rcent of t ro ert owner within 400 radial feet of the lot on hich the us would be locat d• the lannin commission in co siderin suc a waiver sha 1 make the followin findin s: that t e ro osed us will not b ontrar to the ublic interest or in ' rious to nearb ro erties and that the s irit and intent of the o dinance will be observed• t at the ro osed use will not enla e or encoura e he develo nt of a "skidrow" area• that the e tablishment of an additi na use of this � t e in the area will not e contrar to an ro ram o nei hborhood conservation r im rovement eit r resid ntial or non-residential • and that 11 a licable re ul tions o this ordinance will be observed (de) All signs shall comply wit chapter 66 of the zon'ng c de and with , chapters 274 and 275 of th Saint Paul Legislative Cod�. '' � No erson shall en a e in n activit or conduct o rmit an other erson to en a e in n activit or conduct in t e adult bookstore which is rohibi ed b an ordinance f the it of Saint Paul the laws of the Stat of Minnesota or the Unit States of America. Nothin in this rdinance shall be construed s authorizin or ermittin onduct which is rohibited re ulated b other statutes or ordin nces includin but not limi�t d to statutes or ordinances ro ibitin the exhibition sal ' o distribution of obscene ma erial enerall or the exhi it on sale 13 �� . . � or distribution of s ecifi d materials to minors. No 'bs ene work ' shall be allowed. j � The s ecial condition use ermit for the adult booksto e sh 11 be reviewed annuall to ensur that no chan e in use occu s and that ►1 additional adult uses a e added to the buildin con ainin the ' adult bookstore. i � The a�lt bookstore is con idered to be one use. No t �o adult uses can be i' the same buildin but must be s aced 1320 ra ial feet apart• � (ei} The ase adult�boo� sh 11 not be located within a building also ' use d for resi d 2 a�t�a 1 purpo es. � Adult cabarets sub 'ect to the s me conditions listed above ' n 60.563 2 for adult bookstores wi h the substitution of the hrase " dult cabaret" for the hrase " dult bookstore" wherever it a ea s. The adult cabaret is considere to be one use. No two adult us s can be in the same buildin but must aced 1320 radial feet a ar . � I Adult conversation ra arlors sub'ect to the same conditi s listed above in 60.563 2 for adult b stores with the substitu ion of the hrase "adult conversation ra lor" for the hrase "adul't bookstore" wherever it a ears. The adul c versation ra arlor is considered to i be one use. No two adult uses can e in the same buildin ut must be � spaced 1320 radial feet anart. ; u Adult health s orts clubs sub ' ct to t e same conditions 1 sted above in 60.563 2 for adult bookstores with th substitution of t e hrase "adult health s orts club" for the hras "adult bookstore' wherever it a ears. The adult health s o ts club i considered to be one use. No two adult uses can be in the s me buildin but must be s a ed 1320 radial feet apart. � ,� ' Adult massa e arlors sub 'ect o the same co ditions liste above in 60.563 2 for adult bookstores with the subs itution of t e hrase � "adult massa e arlor" for the hrase "adult b okstore" wh rever it a ears. The adult health s o ts club is consi ered to be one use. No two adult uses can be in the s me buildin but m st be s a ed 1320 radial feet apart. � � ' Adult mini-motion icture thea res sub 'ect to the me con itions listed ; above in 60.563 2 for adult b okstores with the s stitu ion of the ' hrase "adult mini-motion ict re theatre" for the ase 'adult bookstore" wherever it a ears The adult mini-motio ic ure theatre is considered to be one use. o two adult uses can be in he same ' buildin but must be s aced 13 0 radial feet a art. � Adult motion icture theatres ub 'ect to the same conditi s listed above in 60.563 2 for adult b okstores with the substitu ion of the hrase "adult motion icture t eatre" for the hrase "adul bookstore" wherever it a ears. The adul motion icture theatre is ' o sidered to be one use. No two adult uses can be in the same buildin bu must be s aced 1320 radial feet a art. 14 I i . � ul! Adult saunas sub 'ect to the s me conditions listed above 60.563 2 I for adult bookstores with th substitution of the hrasei"adult sauna" for the-� hrase "adult booksto e" wherever it a ears. Th adult sauna is consid ed to be one use. No two adult uses can be in `the same buildin bu must be s ced 1 20 radial feet a art. � 10 Other adult use sub 'ect to the same conditions listed abo e in 60.563 2 for ad t bookstores with the substitution of t e hrase "other adult use" r the hra e "adult bookstore" whereve it a ears. , The other adult use 's conside ed to be one use. No two a ult uses can be in the same buildi but mu t be s aced 1320 radial fee a art. � Se tion 11 ' That section 60.622, clause f the Saint Paul Legislativ� Code be and is h reby amended to read as follo , 60.6 2. Principal uses permitted. an I-2 Industrial Districl the use of land the location and erection of n w uildings or structures a d the alte ation, enlargement, and moving f e isting buildings or str ctures from othe locations or districts shall c nfor� to the following spec fied uses, unle s otherwise provided in this co e: , � (1) Any uses permitted in the I-1 Dis ict as "principal uises permitted" and "principal uses per 'tted subject to sp�ecial � conditions" exce t for adult bookst res adult cabare s adult conversation ra arlors dult healt s ort clubs ad lt massa e arlors adult mini-motion icture the tres adult mot on icture theatres adult saunas and other adult ses provided hat they i meet at least the minimum onditions imp sed in each district. � � Sec ion 12. � , I I That Section 60.624, clauses 4, 5, 6, 7, 8, 9, 1 11 and 12 of the Saint� Paul Legislative Code are hereb amended to read s follows�: u � Adult bookstores sub 'ect to the followin condition : ' jaZ The adult bookstore shall e located at least 26 0 rad al feet from an other adult use in an munici alit measured 'n a trai ht line from the closest oints of the ro ert lines of t e b ildin s in which the adult uses are 1 cated. u The adult bookstore shall e located at least 800 ra i l feet from � an residentiall zoned r ert in an munici alit asured in a strai ht line from the clo est oint of the ro ert 1 e of the buildin in which the adult bookstore is located to the closest residentiall zoned ro ert line. �� The adult bookstore shall b located at least 400 radia feet from an " rotected use" define as: a buildin in which a a 'orit of floor s ace is used for res'dential ur oses• a da car center where such da care center s a rinci al use• a house f worshi • a ublic librar • a school ublic arochial or rivat 5 I elementar 'unior hi h r hi h school • a ublic re ional ark or arkwa ublic ark u lic recreation center or u lic s cialized recreation f cilit as identified in the arks and ' rec ation element of th Saint Paul com rehensive an• a fire stati • a communit res dential f cilit • a mission or a hotel m tel . The distan e shall be measured in a st ai ht line from the losest oint o the ro ert line of the b ildin in which the dult bookstor is located to the closest oint of the � ro ert li of the bui din in which is located an aforementioned ! protected use�.: ! .� Conditions b an� or c ma be waived b the lannin ommission if the erson a 1 i for he waiver shall file with t e lannin administrator a on� ent etition which indicates a oval of the ro osed adult books�ore b 90 ercent of the ro er owners within 800 radial fee��. o the lot on which the use w uld be located• the lannin c` mission in considerin suc a waiver ; shall make the followin '=findin s: that the ro osed use will not be contrar to the ubli ` 'nterest or in 'urious to n arb ro erties and that the s `�'rit and intent of the or inance will be observed• that the ro o ed se will not enlar e or coura e the i develo ment of a "skidro " ar�:a• that the establishm 'nt of an � additional use of this t e in he area will not be ontrar to an ro ram of nei hborhood onserv �ion or im rovement either residential or non-resid ntial • a d that all a lica le re ulations , of this ordinance will b observe�� , � � ,Le,l All si ns shall com 1 w th cha ter 6 of the zonin code and with cha ters 274 and 275 of he Saint Pau Le islative C de. � Y i ,u No erson shall en a e i an activit r conduct or ermit an � other erson to en a e i an activit o conduct in the adult i bookstore which is rohi ited b an ordi ance of th Cit of Saint Paul the laws of the St te of Minnesota r the Uni ed States of America. Nothin in thi ordinance shall b constru d as authorizin or ermittin conduct which is ohibite or re ulated b other statutes or ordinances includin b . not li' ited to statutes or ordinances ohibitin the exhibit�ion s le or distribution of obscene aterial enerall or4-the e ibition sale or distribution of s eci ied materials to minor� . N obscene work � shall be allowed. � The s ecial condition us ermit for the adult bo� ks re shall be I reviewed annuall to ens re that no chan e in use ` cc rs and that no additional adult uses are added to the buildin 'co tainin the adult bookstore. c, w � u The adult bookstore is co sidered to be one use. No wo adult uses can be in the same buildi but must be s aced 2640 r ial feet apart• � ¢ � The adult bookstore shall not be located within a bui di'n also used for residential ur ses. j� Adult cabarets sub 'ect to the same conditions listed above' in 60.624 4 16 i � • . r i �. � for a�''u�Jt bookstores with the ubstitution of the hrase " dult cabaret" :or the hrase "adult ookstore" wherever it a ea s. The adult caba�e.t is considered to e one use. No two adult us' s can be in the same build.in but must be s aced 2640 radial feet a art' L6,� Adult conversation ra arlors sub 'ect to the same conditio s listed ' above in 60.624 4 �or adult bo kstores with the substitution of the hrase "adult convers� tion ra arlor" for the hrase "adul bookstore" ' wherever it a ears. fi e adul conversation ra arlor is onsidered to be one use. No two adult uses can be in the same buildin ut must be ' spaced 2640 radial feet aaart. i � Adult health s orts clubs sub" ct to the same conditions li ted above in 60.624 4 for adult bookstores`�� with the substitution of t e hrase "adult health s orts club" for t�e hrase "adult bookstore' wherever it a ears. The adult health s o tsticlub is considered to bei ne use. No two adult uses can be in the s me b ildin but must be s a ed 2640 radial feet apart. `�� _, � � Adult massa e arlors sub 'ect o the s' e conditions list above in 60.624 4 for adult bookstores with th substitution of t e hrase � "adult massa e arlor" for the hrase "ad lt bookstore" wh rever it a ears. The adult health s o ts club is � onsidered to be `one use. No two adult uses can be in the s me buildin ' ut must be s a ed 2640 ; radi al feet apart. '';� ; � � � Adult mini-motion icture thea res sub'ect to �he same con itions listed above in 60.624 4 for adult b okstores with t�ie substitu ion of the , hrase "adult mini-motion ict re theatre" for t`�e hrase adult bookstore" wherever it a ears The adult mini-r� tion ic ure theatre , is considered to be one use. o two adult uses ca be in he same buildin but must be s aced 26 0 radial feet a art:,� 10 Adult motion icture theatres ub 'ect to the same co itio s listed above in 60.624 4 for adult b okstores with the sub titu ion of the hrase "adult motion icture t eatre" for the hrase " dul bookstore" , wherever it a ears. The adul motion icture theatre '=s on idered to be one use. No two adult uses can be in the same buildi but must be spaced 2640 radial feet apart. °� 11 Adult saunas sub'ect to the sa e conditions listed above i 60.624 4 i for adult bookstores with the substitution of the hrase dult sauna" for the hrase "adult bookstor " wherever it a ears. The dult sauna iis considered to be one use. o two adult uses can be in h same i buildin but must be s aced 26 0 radial feet a art. 12 Other adult uses sub 'ect to th same conditions listed abo e i 60.624 4 for adult bookstores with the substitution of t e ase "other adult use" for the hra e "adult bookstore" whereve it ears. The other adult use is conside ed to be one use. No two a ult u es can be in the same buildin but mu t be s aced 2640 radial fee a ar Se tion 13 Every section, provision or p rt of this ordinance is decl�red to be 17 I I . WHITE - CITV C PINK - FINAN E G I TY O F SA I NT PA U L Council CANARY - DEPAR MEN File NO. BLUE - MqVOR • � in�nce Ordina e N 0. Presented By Refer ed To Committee: Date Out o Committee By Date separa e from every other sectio pro ision or part; and if any s tion, provis on or part shall be held i ali , the invalidity shall exten only to the se tion, provision or part invo e and shall not affect any ot er, and the re ainder of this ordinance shal emain in full force and eff t to be constr ed as a whole. Section 4 his ordinance shall be in force and t e effect thirty (30) days from and af er its passage, approval and pu licati . COUNC[ MEN Requested by Department of: Yeas Nays Orew Nicosia [n Favor — Rettma s�ne�n Against BY Sonnen Tedesc h Wilson � � � l Form Approved by City Attorn y Adopted by Co ncil: Date Certified Passe by Council Secretary BY By Approved by Ma or: Date Approved by Mayor for Submis ion to Council By By �-� . 1 , ` L'�G ' ' _�= DEPARTM NT � U" �-9'/ �11'° _ 0�614 a �r � CONTACT PHONE DATE ` Q�� } �� _ _ <. � ASSIGN NUhB FOR ROUTING ORQER Cl i Al l Lo ations for Si na�t.ure : �� Depart t Director Director of nagemen`t/Mayor � �� Finance nd Management Services Director � City Clerk ..; Budget 'rector �� City Att rney - �.; � WHAT MlILL BE ACHIEVED BY TAKING ACTION ON TH ATTACHED MATERIALS?-(Purpo f °-�s..��`� GIV�� C c�t. �t�c.��rr<<.�.�S Ra t i o 1 e) : � � �. Gr� � �� _ . r�t c Mcw�•.� h �► /��c�,,� C��'��.r,�►✓ �° �'��f �"�„ �.�, �� - , u. �, , -� � ��'`- � s � �.�_�� a� . OST BENEFIT BUDGETARY AND PERSONNEL IMPACT A�VTICIPATED; ' �__---,.-�. FINANCING SO RCE AND BUDGET ACTIVITY NUNBER ARGED OR CREDITED: (Mayor' signa- _=.-�`'� ture n re- �-� -� . Total Amo nt of 'Transaction: quired f -under �� " $10,00 �t Funding S urce: ' � - . Activity umber: . A'��ACHMENTS List and Number All Attachments : �� - � . ,� `��'' �i�� DEPARTMENT R VIEW CITY ATTORNEY REV EW - _ Yes No Gauncil Resolution Required? � Resolution Requi d? Yes No � Yes No ,�`nsurance Reguired? Insurance Suffici nt? Yes No Yes No '��'Tnsurance Attached: M�: r : (SEE •REVERSE SIDE FO II�STRUCTIONS) Revised 12/8 • . . ' � � t ' �,� �- �/ t ties` schools , and other commer ial uses . The image of the City of S int Paul as a pleasa t and attractive place to reside will be adversely a fected by he presence of adult ent rtainment land uses in close pro imity '",to residential lan uses , churches , park , and oth r publ�c facilities , sc ools and general com ercial use . Reg lation of`', adult entert inment land uses sho ld be de eloped to `prevent dete ioration and/or deg adation of the vitality '+pf the commu ity before the problem exists or gets worse , °�ather than in response to an xisting pr blem. Co mercial areas of ��athe Ci y patronized by youn people an children should t�e fre of adult entertaimm �t land U S S . ��y, �A � A ult entertainment land � s s should be regulated y zoning t separate it from oth dissimilar uses just as any ' o her land use should be se rated from uses with c aracter- i tics different from itself � sidents of the City of ain��,, Paul , and person who are on-residents but use the Cit� for shopping nd other ommercial needs , will mo e fr the community or shop lsewhere if adult enter ainment� land uses ar allowed o locate in close prox'mity to�; residential nd other ommercial uses , churches , arks , and�'��ther public acilities nd schools . � Location of adult entert inment land �uses in proximity to residential uses , ch rches , parks �and ot er public facilities , and schools nd commercial +►�zses m y lead to increased levels of crimi al activities , �nclud'Yig prosti- tution, rape, incest and assaults in the �Aicin' ty of such adult entertainment land u es. �� ,� Merchants in the commerci 1 area of the City 4`�r concerned about adverse impacts u on the character anc�: quality of the City in the event hat adult entertainmen land uses are located within clo e proximity to resi t�ntial and commercial uses , churches , parks and other publi �,�acilities and schools . Location of adult entertainmen �,and uses in close proximity to residential and comm rci`�l uses , churches , parks , and ot er public facilities nd ';SChools , 2. . � � • //''��f � . , , � �� / ! � will duce retail trade to co mercial uses in the vic nity, thus educing property value and tax revenues t the Cit . Such adverse effects n property values will cause the los of some commercial establishments follo �ed by a light 'ng effect upon the commercial districts within the City, �eading to further eterioration of the com ercial qua ity of �e City. � No evidence as been presen ed to show that the location of adult ent tainment land uses within the Ci y will im rove the comri�rcial viability of the community. � Ex erience in nui�erous other cities , including Sai t Paul , Se ttle , Tacoma a�d Detroi have shown that loc 'tion of a lt entertainment� land us s degrade the qualit of the a ea of the City ii� which they are located and cause a b ighting effect upon '`�he Ci . �,. �� A reasonable regulation`��f t e location of adult e tertain- m nt land uses will p�ov' de for the protectio of the i age of the community an , its property values , an protect e residents of the co unity from the advers effects f such adult entertainme t land uses , while ;providing o those who desire to pa ' nize adult entertai ent land ses such an opportunity in , areas of the City which are ppropriate for location of adu�t entertainment lan uses . � he community will be a unde�irable place to live and shop in if it is known o the �iasis of its im ge as the location of adult entertai ment lan�i uses. ,4 �� A stable atmosphere for the rear`�ng of famil ` es cannot be achieved in close roximity t� adult e ertainment land uses. �� , The initial location o adult ente�tainment land uses will lead to the locati n of additiori�zl and �.milar uses 1 within the same vicini y, thus multi�lying he adverse impact of the initial location of a�lult e tertainment land uses upon the reside tial and commerci�l us s , churches , parks and other public facilities and choo s , and the impact upon the image and quality of e haracter of the community. � � r r 7 i � 1 ; 3 . �, , ' . ' . . � �� , : �� , �/ I I THE COUN IL OF THE CITY OF SAINT PA L DOES ORDAIN: �. Section l . Th t �he definitions for the terms Adult Bookstore Adult Cabaret Adi�lt Conversation/Rap arlor , Adult Massage Parlor, Health Club, `�, Adult Mini-Motion icture Theatre, Adult Motion Picture Theatr�,, Adult Sauna and dult Uses , contained in section 60. 201 of the %;Saint Paul Legis ative Code , be and i hereby amende to read a`� follows : '�,. A ult booksto'i�,�e. A shop or the barter, rental or sale o items cons�,sting of pr�nted matter, pictures , slides , r cords , audio �tape, vide tape or motion pictu e film, i such shop is 5�ot open t the public generally but only t one or more c�asses of the public excluding ny minor y reason of age:`., , or ' f a substantial or s ' gnificant ortion of such it ms ar distinguished or cha acterized y an emphasis on the�� depi tion or description of 'specified exual activities" or '"�pec fied anatomical areas. " w�, Adult cabaret. An establ'"'.�s ment which provides ge �e-�ari�e�s; e�e��e-�n�:�,--s��}�pe�s'�--o-r=-s}x��a�-��tfr��-i dancing or other live entertain �nt , if such establi hment ar3d w�i}el� excludes minors by ii�tue of age.- , or if s ch dancing or other live entertainmen i`�; distinguished or ch racterized by an emphasis on the pe form'�nce , depiction or description of "specified sexual act 'viti�ss" or "specified anatomical areas . " ,'�; �� I Adult conversation/rap pa lor. A c'�onversation/ra parlor which excludes minors by eason of �. e , or which rovides the service of engaging in or listening o conversat ' bn, talk or discussion, if such servi e is distin uished or aracterized by an emphasis on "speci ied sexual ac ivities" r "specified anatomical areas . " "��, Adult massage parlor, ealth club. A=k, massa e parlor or health club which rest icts minors by `��easo of age , or which provides the ser ice of "massage" ° if such service is distinguished or ch racterized by an e ha is on "speci- fied sexual activities" or "specified anatom' ca areas. " Adult mini-motion pic ure theatre. An en� osed building with a capacity for le s than 50 persons used for presenting material �3-�-k��-A4� �ese�a-��-e�--b-�'�-r� -�s�-'-'se�r�a�� p�e�eea��e!'--�rr�c�-��-c if such building a ; a prevailing practice excludes min rs by virtue of age.- �, or if such � ,t � � 4. . � � � � � � � � c�/ `�� - / �;' � mate ia is distinguished or ch racterized by an emphas s on the epi�tion or description of "specified sexual activ ties" or 'speci° ied anatomical area " for observation by atrons the ein. ;, Adu t motion�'�,,. picture theatre An enclosed buildi g with � a capacity of '`'�0 or more perso s used for presenting terial �e }r3ed-�-�4-'rr�so-t-�-s�a�ta�es �i-l�:��-a�-"�e�r��- �e�eea- �� e'-'-��-6al��e��``:� if such bui ding as a prevailing ractice ex ludes minors `�y virtue o age: , or if such aterial is distinguished � r charac erized by an emphasis on the de iction or descr tion of "specified sexual act�vities" o "specified anatom' cal ar as" for observation by patrons t erein. '�,� $�, A ult sauna. A sauna wh • h xcludes minors by reaso of age , r which provides a ste bath or heat bathing oom used or the purpose of bathin relaxation, or reduci g, util- zing steam or hot air as cleaning, relaxing o reducing gent , if the service provid by the sauna is dis inguished r characterized by an emp asi on "specified sexu l activi- ties" or "specified anatomi al � eas. " Adult uses. Aslt��-�- -��- �iese--�s�s-�-e� '�g-�a�s val��i--�r-�-�o-�-op��-�e-- -}��b-13 --Qe�e�a��}- �--�-l�r--�e e�e--0-r=-r�e�e--��.��-�-e�- -�k�-�ic- ��-�-e�-�i -��-��e� b�}--r�a�or�--�-age;-�-�i --be��g-��-�,�r-�� e�-��--age e€-�i.�g��-�r�-. Adul uses includ�,--��-�r-� �o�-��e� �e,- adult bookstores , ad lt motion pi ture the tres , adult mini-motion picture thea res , adult mas age pa lors , adult saunas , adult rap/conver ation parlors , a ult h alth clubs , and adult cabarets , e� -��r��a��--a-c�i��--�. and other premises , enterprises , b sinesses or places en to some or all members of the publi at or in which ther i an emphasis on the performance , dep ' ction or descriptio f "specified sexual activities" or "specified anatomical �� areas" which are capable of being see by said members of th public. ,;. Section 2. That the definition of C nversation/Rap Parlors ont�ined in S ction 60.203 of the Saint P ul Legislative Code be and i� hereby a ended to read as follows : "r 5. �, . , . . , �� 1 � �z, I � , Co versatid.n;/rap parlors. An extablishment �eer�se� �� -Gl�ap�e�=�,-��3-�-e�--�l�e--6} �--9�d�r3ar�ee--ar�d adve tising, offering or '�elliing the serv' ce of engaging in or listening t conversati�Qn, talk or iscussion �-v�ee�r--a�- e��e�ee e -��-es�ab��l��er3�-��--et�s�er�e�, regardless of whether o her goods or `�ervices are also simultaneously ad ertised, o fered or sold''� and reg rdless of whether tho e other g ods or services4�,re also r quired to be licensed. e term "conversa�ion p rlor" shall not inc ude bona ide legal , medical , ` sychi tric , psychological , o counsel- 'ng services by a p�;�son or firm appropriately licensed; r bona fide educatior�,�l 'nstitutions , or panels , seminars r other similar servi�e offered by such ins itutions ; r churches or synagogues`:; �,,, ,� Sect on 3. , That the definition of M ss�ge Parlor, Sauna, alth Club cont ined in section 60. 213 o tYi� Saint Paul Legis ative Code be a d is hereby amended to rea as ��llows : �. Massage parlor, sauna, health �4'��club. An e tablishment licensed by Chapter 412 of the City.,,Legislative C de offering "massage" defined as e rubbiri , stroking, kneading, tapping or rolling of th body, for' the exclus 've purposes of pleasure , relaxation, hysical fitn- ss , or bea tification, and for no other purpo es , offered `':-,for a f e or other valuable consideration -wl�}e�i-��'�-�-r�rir}o- -b�-�}��t�e e�-�e and including ph sical culture ��d heal h services , physical culture and he lth club, reduC�ng cl b, reducing salon, and massage parl r. This defini�=�on s all include any building, room, tructure, place �r stablishment used by the public o her than a hospit�;�l , sanatorium, rest home , nursing home boarding home or o��e institution for the hospitalizatio or care of human`; eings , duly licensed under the provi ions of Minnesota Stat' tes , Sections 144. 50 through 144. 703 inclusive, where no �:�medical and non-surgical manipulati n exercises or massages �;�e practiced upon the human body for a fee or other valuable ccansideration by anyone not duly icensed by the State of`;, Minnesota to practice medicine , surgery, osteopathy, chiropractic , `s< r,� �,��. < 6 . � �; , . C�i--'�k-�l I phy ical t1-�,erapy, or podiat y, with or without e use of inechanic�l , therapeutic , or bathing devices , or any ro m or rooms, from which a ma seur or masseuse is di patched by telephone or otherwise or the purpose of g ving a ma sage. �r3�-d-t-�-t-�e- f�-n--a-��Y��- e-g��er3 e� ep�-}�-a-��ee�se�-��e�x}se.- Sectio 4. T at section 60. 2�19 of th Saint Paul Legislat ve Code be and is hereby amended so as to add the following there o : S una. An establishment roviding a steam bath or heat bathing room used for ° the purpose of bathing, elaxation r reducing, utilizing '` st am or hot air as a �cleaning, elaxing or reducing agen�,,. pecified anatomical area �.. Anatomical areas onsisting f• 1 ) Less than complete y `�and opaquely cove �ed: (a) human genitals , (b) ubic;.region, (c ) butto 'k, and (d) female breast below a poiri� immediately abo e the top of the areola; and '` 2) Human male genitals in a dis��rnibly turgi state , even if completely and o aquely cov�red. .� Specified sexual activiti s . Activiti�� consisti g of: :�, :, 1 ) Human genitals in state of sexu�� stimul tion or arousal ; � '��. ,t,^ 2) Acts of human mas rbation, sexual ii'�terc urse or sodomy; ;s `�. f 3) Fondling or other erotic touching of hi�na genitals , public region, bu tock or female breast ;;:; 4) Situations invol ing a person or persons �`:. any of whom are nude , clad i undergarments or in se u:ally reveal- ing costumes , an who are engaged in act v ties in- volving the flag llation, torture , fette in , binding or other physica restraint of any such ers" ns. � , � 7 . . . . , �,� : . ��'�1� Section 5. Th Sec*�,ion 60. 543 , clauses 1 , 11 and 12, of the Sa�nt Paul Legisla ive Code , is hereby amende to read as follows : (1 ) Adult �s'�s conversation/ ap parlors subject to t e following"�LLconditions : (a) The r�se�.,, adult conve sation/rap parlor shal be located �� least 13 0 radial feet from any ther adult use '�►easured ' n a straight line from he closest poii:�ts of t e buildings in which th adult uses are loc�ted. (b) The adult t�se ��'' nve sation/rap parlor shal be located at leas�� 200 radial feet from ny resi- dentially zoned �``�� operty measured in a straight line from the cl� sest point of the b ilding in which the adult ti��e conversation/rap arlor is located to the cl se�t residentially zone property 1 ine ; ��.�-cor�rt -�a�-�-�-i��--b�-� -g�arir3�r�g eer�r��ss�e�-rf---� -pe��,e�--a�p-1-3�i-�g--€e�- -wa��e� s�ia��--�3-��-�rt --��ie-�;�-l��i�---�i-ri-' �r-a-t�o-r---a ee�se��--�trt' --��i��,--��d}ea�es-- ��-1---e� �l�e-��epesed-ad�� -�se-b�-��-�e�ee��-e�-� e-g�e�e��} ew�e�s--�t-i-�-�i�r- -�ad}a�-��e-�-o-�-��ie--� -c�-w�i��i �13e-��-irac��-1-c�-be -�oe��-;-t�-p��r-�r�}r�g �e��ss�er3; �r3--�o��.�e��g--�ke-�r-�---��r-,---�Y�� --Exa�e--�ke €e��eva��--€��} gs:--��a�--��ie�'�-p�epese --�se--va�� r3e�-�e-�o�r�-�a��r- �t-Y�-pttb�-�e--��i�e�es�- �-}r3��et�s �e--�ea�b�--p�e� ��es;--a��--��ia�--��ie- sp}��--a�d ��e��--e�--�Y�e- r-c�-i�a��c-�--�-i1-1--�-o�i +e�=aed•,--��ia� �l�e--p�epese�--� e-�-r��--��o-t--e�-1-a-��-- --e�eet��age �l�e--c�e�e�opr�ter��--o-�--�--"�-k3�-�ew'-'-`n,-a-r ;---��ra�-�l�e es�ab��s�i�er��-- �--a�--ad�i-�3��--�s�f �-�-�-i�-��e �rr3-t�-��--w' ��--��o-t-be--e-�#-�-a-��-�e -a��--p�eg�ar�a e�---�e}gl�be�l�e d---ee�se��a�}e�---e�-=�; }Fxp�e�ea�e��; e��13e�--�es��e� �a�--e�--�e�-�es�de��} ;,--a�d--��ia� a��---��i-c� --��g�-�-a��--e�-- --e�d�r3ar3ee w}��-be-ebse��ed. (c) The t�se adult onversation/rap parlor hal� not be located within a building also used fo residential purposes . 8 . . �� . . �f" /. � � . . � � � � �� (d) There shall be no acce s from the building in hich the �se adult conversa ion/rap parlor is locat d to �he alley or to reside tially zoned property. (e) Conditions (b) - (d) m y be waived by the pl nning comm�.ssion if the per on applying for the wai er shall file with the p anning administrator a onsent petition which indic tes approval of the roposed adult �nversation/r parlor by 90 per ent of the pro�erty owner within 200 radial �eet of the lot an which t adult conversation/r parlor would be located; the planning commis ion, in considering ,such a aiver, shall make the ollowing findsings : that the roposed use will not be contrary to the publi� in erest or injurious nearby properties , an� t at the spirit and 'htent of the ordinance w�:ll be observed; that the proposed use will not en �a ge or encourage the d velopment of a "skid row" '';::, rea; that the establishment of an additional use "'- f this type in the area will not be contrary o;;; any program of n ighborhood conservation or 'mp`�ovement, either esidential or non-residential ; ari� that all applic ble regu- lations of this or inanc$,. will be observed (ef) Al1 signs shall co ply witY�;-. Chapter 66 of he Zoning Code and with Chap ers 274 �d 275 of the Saint Paul Legislative Code. (g) The use shall be icensed as a�'�onversati n/rap parlor under applicable rovisions of t�ie Saint aul Legisla- tive Code. (11 ) Adult massage parlors or health clubs,�;�, subj ct to the same conditions as those listed abd e i 60. 543(10) for adult conversat ' on/rap parlors. (12) Adult saunas subje t to the same cond'i�i ns as those listed above in 6 . 543(10) for adult co versation/rap parlors . �r (�� 13) Auto repair, subje t to the following cond tions : 9. � , . . , � . . . ��r�� -�l (a) T e minimum lot area hall be fifteen thousa (� ,000) square feet. .� (b) A t -foot landscape buffer with screen pla ting and obscuring fen e shall be required alo g any prope ty line adjace t to an existing reside ce or adjacer�t to land zon d residential . �a£ (c) All repa�,�r work shall be done within an enc osed building. �;. (d) There shall�`'�e no o tside storage. ;� (�� 14) Accessory building��A, st uctures , and uses as d �ined in Section 60.201 . �s ��. Sec�'�' on 6. ,� hat section 60. 554, claus "'�;2 of the Saint Paul L gislative Code is amended to read as foll w��, and section 60. 554 is further amen ed so as to add the followi g ri�w clauses 3 and 4 hereto: ,`�� (2) Adult t�ses conversatio /rap p�rlors subject to the following conditions : (a) The t�se adult conv rsation/r'. parlor sha � be located at least 3 0 radial '�,et from any other adult use measured in a straight lin� from the losest points of the bui dings in whic�� the adul uses are located. ``' . .:. (b) The t�se adult con ersation/rap par��or sh 11 be located at least 100 radi 1 feet from any �side tial use measured in a straight line from th�, clo est point of the building in hich the t�se adult C�onv rsation/rap parlor is locate to the building in t�hi 'h the resi- dential use is 1 cated. (c) The t�se adult co versation/rap parlor s 11 not be located within building also used for �esidential purposes. 10. . . �, . . ' � ' �--��'�� `s. `1 (d) Al1 ''�igns shall compl with Chapter 66 of th Zoning Code c�nd with Chapte s 274 and 275 of the Sa 'nt Paul Legisl�.tive Code . (e) The adult c�nversation rap parlor shall be icensed as a conver��tion/rap parlor under applica 1e pro- visions of the `�aint Pau Legislative Code . O Adult massage pa�lors r health clubs subjec to the same conditions a� th se listed above in 6 . 554 (2) for adult conversati?�n/ ap parlors. (4) Adult saunas subjecty'':;. o the same conditions as those , listed above in 60. 55 =, (2) for adult conver ation/rap parlors . '�, , �. Sect on '�'� �'a. � That section 60. 563 , clause 2 of t�e Saint Paul Le islative Code is amended to read as follo s , and �ection 60. 563 ' s further amen ed so as to add the follow'ng new cl��ses 3 and 4 hereto: � (2) Adult t�ses conversatio /rap parlors'.:<subject to the follow- ing conditions : �}�. � ,,, (a) The t�se adult conv rsation/rap par�or sha 1 be located at least 300 radi 1 feet from any o er a ult use measured in a str ight line from the'1`'�los st points of the buildings 'n which the adult u�s re located. �s (b) The �se adult con ersation/rap parlor sV}l�e 11 be located at least 100 radi 1 feet from any reside` ial use measured in a straight line from the clo ��t point of the building in hich the tise adult conv r�,ation/rap parlor is locate to the building in whi h �he resi- dential use is 1 cated. (c) The t�se adult co versation/rap parlor s all not be located within a building also used for resideritial purposes . 11 . . ' .' . � �/' ' . � � � ' ��= �j��-�/ (d) All signs shall compl with Chapter 66 of the Zoning Code�. and with Chapter 274 and 275 of the Sai t Paul Legi�lative Code . (e) The ac�.ilt conversati n/rap parlor shall be l censed as a co`�versation/ra parlor under applicabl pro- visions f the Saint Paul Legislative Code. � O Adult massage p rlors or ealth clubs subject to the same conditions as th se liste above in 60. 554 (2) f r adult conversation/rap ` arlors. � 4 ( ) Adult saunas subjec� to he same conditions as t ose listed above in 60. 5 � ( ) for adult conversatio /rap parlors. `"-4 Sect 'qn 8 . '�a hat section 60.612 of he '�Saint Paul Legisl ive Code is he eby amended so as to add t e fc3�J�lowing new clause thereto. �.. (24) Adult bookstores sub ect to'� the following onditions : � (a) The adult book tore sha��1 be locate at least 1320 radial feet from any a ult use meas ' red in a straight line fr m the close�,t points of the build- ings in which th adult uses �re locate . (b) The adult bookst re shall be loc ed at east 1320 radiaJ_ feet from any residentiall � zoned property in any municipality measured in a st ight line from the closest prop rty line of the pr er on which an adult booksto e is located to theicl �sest resi- dentially zoned roperty line. �� (c) The adult books ore shall be located at least 1320 radial feet fro any "protected use" , d �ined as : a building used e tirely for residential poses , a day care center where such day care ce ,�te� is a principal use , a house of worship, a p li� library, a school (publ ' c , parochial or private elerrtentary, junior high or high school ) , a public ark, ',a public playground, a ublic recreation center or a public specialized re reation facility. The tlistance shall be measured in a straight line from t e closest pro- perty line of the property on which a adult book- store is loca ed to the closest prope ,ty line of the property on w ich is located an afore entioned pro- tected use . 12 . , . , • ` . ��_�;,l�� I I (d) The adult bookstore s all be located at least 50 � radial feet from any etail or service busin ss dealing directly wit consumers , measured in a 5traight line from t e closest property line of the property on which th adult bookstore is loc ted to th� closest property line of the property on which i is �ocated a retail r service business deai ng Idire�,tly with consum rs . (e) Conditi�ns (b) - (d) may be waived by the P anning commissiQn if the p rson applying for the w iver shall fiT� with the planning administrator consent petition w�-a�ich indi ates approval of the pr posed adult books�ore by 0 percent of the proper y owners within 1320 �.adial eet of the lot on whic the use would be loca�ed; t e planning commission, in con- sidering such �t>, wai er, shall make the fol owing findings : that �he proposed use will not b contrary to the public int`� est or injurious to nea by pro- perties, and that ' he spirit and intent of the ordi- nance will be obse �ed; that the proposed se will not enlarge or enc urage the development f a "skid- row" area; that th e�tablishment of an a ditional use of this type i th�, area will not be ontrary to any program of neighks�rhood conservati n or im- provement , either residen��ial or non-resi ential ; and that all appl cable re' ulations of th s ordi- nance will be obs rved. (f) All signs shall c mply with C�apter 66 o the Zoning Code and with Ch ters 274 and'�.:..275 of th Saint Paul Legislative Code . .,, (25) Adult cabarets subje t to the same cof°�dition listed above in 60.612 (24) for adult bookstories . (26) Adult mini-motion pi ture theatres subje�t o the same conditions as those listed above in 60. 612 24) for adult bookstores. (27) Adult motion pictur theatres subject to th `", same con- conditions as those listed above in 60.612 (24) for adult bookstores. 13. . . V . � , I. _ _ _ _ WHITE - CITV CLERK PINK - FINANCE G I TY O��F SA I NT PA U L CO�IIICIl CANAFV - DEPARTMENT BLUE - t.�AVOR File NO. Ordinan e Ordinance N�. Presented By Referred To C mmittee: Date Out of Committee By Date (28) dult uses ot er tnan adult bookstores , adult caba Its , adult conversa ion/rap par ors , adult massage par rs , adult health clu s , adult m'ni-motion picture thea res , adult motion pi tur2 t atres and adult sa nas , subject to the sa e condi ions as those listed bove in 60.612 (24) for a ult b okstores . Secti 9. I This rdinance shall take effec and be in force thirty ays from and a ter its passage, approval d publication. � � � 14. � COUNCILMEN Yeas N ys Requested by Department of: Drew Nicosia lR FavOr Rettman s�ne�nei Against BY Sonnen Tedesco Wilson Form Appr ed by City At rney Adopted by Council: Date Certified Passed by C uncil Secretary BY By Approved by Mayor. Date Approve ayor for Sub ' io t cil By B C ,�,,,, Me bers: (/�.�l /` / YY� �� , ' ~ - ��, / ! #r� �'`, t`,��,.' � Q1�� I�SO11, Cfl'cl(i" � � � . � , ;-i; �ITY OF AINT .�A�CTL To Dimor�d ' "�,.� � � � OF`PIGF OI' 'r �. CL'i`Y COIINCIL Kiki Sonrien <:��. .��';: ,.:;, �',:: Date: �1Pri1 14, 1983 I WILLIAM L. W LSON • MARK VOERDING C�l,n�,,,21ari C o m m i t e e R e p a rt Lef:,9��.;�e Ai,l� I To: aint Paul City Council Fro : Housing and Economic Development Com ittee Bili Wilson, Ch�ir - `� 1. 0-r inance amending Chapter 60 of Che St. Paul I�egislative Cod �e tain�'t:ng to 7.oning .Regul.ations. (adul.t-ty�>e uses) C MITTEE RECOMMENUEI> APPROVAL �S i�tENt�'ED � 2. Or inance amending ttie Legislative Code by adding Ctiapter 30 pe taiiling to the size and time of: dis�,]_ay of Temporar.y Elect ' n. Si ns. C�OTi�IITTFE P.L�PEP�IZED T� RUL): AND POLICY C0�1�lITTEE � 3. Re, olution appruving the appoinlme ts by ttie PIa}�or of Ronnie H ooks, r1a gie Schwichtenber�, Kathleeti Wa lace, and llr. James Peterso to se ve as members of the Downtown R verfront Conunission. CUf•1MI 'TE�: RE U��IENDED APPROVAL I 4. Ke olution approving the appointme t b}� the ,fayor of Craig IZ�sf erty to se .ve as a me,libc>r of �}ie tleritage reser�vati.oil comtii:ission, ter to e}:pire De� �mber 31, �!)88. COrIMITTEE 1ZEC01` ;I:NDEll APPKOVr�I.� 5. Res. lution setting a timeline� witliii tlle ye.lr 1985 t� cease tr� 'ni.ng ope -ations of a1J. helicoi�ters at Ho _tnan Fi.el.d an:l to see�; a pe tianent tiom at a secondary airport. C0�1M:I 'TEE Rt:COi•9r1ENUL1) APPRO��1L A �1�1E?vDED I j I I I CITY HALL SEVENTH FLnOR SAl T PAUL, MINNFSL�TA 55102 6l2/298-h646 B ...�,,._-.'�'�. B �`'Tf �, ��/ �/ �`°�°` � CI Y OF SAINT PAUL ° DEPARTME T OF PLANNING AND ECON MIC DEVELOPMENT � 1UIIIiii `v� _�� ' IVISION OF PLANNING ��•• 25 West Fourth reet,Saint Paul,Minnesota 55102 612-228-3270 GEORGE LATIM R MAYOR MEMO ANDUM T0 : Mayor George Latimer City Councilmembers FROM : Mark Vander Schaaf DATE : April 21 , 1988 I SUBJ CT : Amended Adult Entert inment Zoning Proposal ---- ------------------------- ----------------------- ---------- Atta hed for your information re the following items elating to the mended adult entertainmen zoning proposal : o Chart : Summary Comparis n of Adult Entertainmen Zoning Proposals o Map : Adult Entertainmen Zoning Proposal of Apr 1 14 , 1988 o Chart : Land Available f r Adult Entertainment , o Memo : Adult Entertainme t Zoning Ordinance - -One Type of Adult Use Per Building Plea e note that the amended p oposal contains minor t chnical and ormal revisions relative o the version printed i mediately foll wing the meeting of the H using and Economic Deve opment Comm' ttee on April 14 . These evisions were prepared �in cons ltation with Assistant Ci y Attorney Jerry Segal . � NotaUle revi ions include : o The addition of a decla ation of purpose . o Language developed to e able the ordinance not o repeat each condition in full for each type of adult use } o Clarification of the general definition of "adu t uses " ( see Section l , p . 5 ) . o Clarification of the meaning of residential bui dings as "protected uses" ( see Section 8 - -p . 8) . ; o Distance and spacing req irements in I - 2 zones see Section 12 - -pp . 15 , 16 ) . he numbers were printe incorrectl}' following the pril 14 committee meet ng but have now been corrected . � cc : Ken Johnson , Gerald Strath en , Jan Gasterlar.d , Je r,,� Segal , Phil Byrne , Al Olson � ��M�� ; • a o � . � � � 8 � � S 8 g � � ' e � " : . w .. � . a � � � � a � .�i .�, '' �;, � � .r■i � " w .Apy • .�i Qa Q � p � : F � � �I � O D � aA M .�i O b M M � O O O O O • • w � � • � � a .�+ a � .+ � t� ^iy i .�i w � � i s� i° I G � < •� �r. � • < •� w . M .� � M .d � M • t • L' � A M .��1 � ,O 4 fl p o m i 'a a o � � a .�p+ � � �O • u! w U m • O • U � � a+ �pp pi +� • w Q 11� +� � O Y � • O •.~i M � � O a A A� � a+ 'V .� .-� C7 .r 'O .� .� V s p ./ ..� .1 u ./ .� .� a a a � a o v"i oi t� y � � � a o �e � � � s n � � � e o � e i i � � o .+ i N 'd � � � L .�yj • N I Y il 1 1 LI Y 5 u i � o a � i i i o w w w w b i N O o � o o � � � � o w �! M O 1 O N 1 1 O • � W t N �+1 .1 M � s 1 ei 1 1 a i � � • p � � � 0 N 1 1 1 � y 1 1 1 rl Y 1 Y i� 1 1J 1 JJ C f W � W W � • W � Y�j O '�7 1 I t 1 ✓ -� O O O 2 O O �i a O I O N 1 O 1 -+ O ED ♦ of N 0 � 1 rl f 1 1 1 1 � 1 1 1 D � I 1 1 N 1 1 I Y �1 W Y �+ � a+ u � 4� 1 Y n e o v o 0 m o o � u o r v � • ..Ci a� I W w W f W W < i U O o O 2 O O d 7 � � N N � N 1 O a v �o �, �•, e, �., �n < a � .. .+ i .+ i � � � � ei i � �O w� � i � Y 00 i � �+ R1 � N,<..7 O 'b O I {.' O • 1 .��1 O C 1 N � u • � N i ,t � • N � � � i a N t � „ O w b O ►i O IA 'O ►+ O • 'V O r� O W O Y �g a ap+ - i N • � i u O. n u i aCi CL C G u i r• � � a u .y i � �+ u7 � .-i � ) a a N P�. � � �+ i O AO � r+ � O 2 O O ►a � Q A � —— ——————— — ————— —————�— Z 1q H Z Z -+ O C � 0. N O - ✓ • N ■ r-1 �!.' F e • M � z si Y G • G � loi i r � .�i IZ-1 � 34i y ! r � 4 ++ b • 7 O M a a pF( ; � U U �+ � M ..+ W 'O ti - - M M � W W e�0 H .��I p a U .n-i o � o C < • n ..a F a +� -+ r ►. a ,.,.� n n Y 'O y ■ O W < i� � � O C O y .�ai � .��+ � F� D < pa • 3 = t� W < w —— ——————— — ————— ——————— w o w a O N v� .a .r s o o � w � � a � a Q • O C A U � O .+ 0. N A � M O -a M MC O iCi W 4 .�i ` • N s i M M Y -+ p • � N tn < 2 47 C� W I _ __ I '�;� ��r. ..�� ^—T- � . ��. � � � � ii� . � q �, ,�--�A � � ��,�� , 'h i � .,n,.. `� ' + '�I �• " �_ �� '��N �i ��: � . � ..� .� '..- Y�V '� i �� T� � `��''� �"� � � 1� � � � < <i ` . i r � - �...F. , _ . � � � v �. i '' i � *: � � i � �_ � .b�e �ry f � r== ' _.; ,}... ,.. � + ..� l.l��.. r I � f i:� �• tl �1+:4� �� 'I� . 'r � � /' - ? � �29L. � �1.�.� ��ili �� I��i i�� i�� jl , � �� 7� ��.••� /�. % ; �-11 11 lltr;'' `�(�,IC� � ST��; � � M:� i�__� �- z �� I�� _SI'1 �.�! ,. �� I ��4 I. - � ;; / i � � . �;�f.11 l, �l�i� ��"� ��;��' 1 �' ,'� �" �• `� ``i� � I + �� T�Ll��l � �� .-r-.-- II ��; I I�p� � ;, ) �ti`�I�F� � , "�-�--��" � , �� ' f t.� ��i;-1;1� � �3 ��'��„� 1 ' �L � •� � �r--� �-- i ��.I -� � �� .,-�-�- ,, 1 , ; 1, �' r�- ��;� �.,� �,✓ :- ri: �rt ,�,_,� � �-';�,-��n1[;i�� `�sT �� i� I� _ � , ,��.;�.,,�•,� •.. / �,7� ,�� ry 1_1'� I 7 � �I.,L:� _ � � ��?i�. \ �'�•v�•,+.4�} ti w .�i''� � _� --.�� af �� .I �I,.��111.1,1 � , �'• 1 `•�• ��`^ i ' � ` _ � � ' ..+.�.' . '''; � ' tr`-- � '�� ' � y� �' 'E � ; : �`' � � i i�' � il' �X �.� ,ll . .� . i� i � rl i��L�� n " �� °C� ��' ,�r �T�� (T�� ' � ' .• • , . , _ T� � i , �� 1� ["L�� 1 � IL'�I' '11WU 1 �'��t,.y'�:ti;,}: $-= T �'�7.I '�'� �� Zi �:�` ��' �':;a• ''�r��`��•�,;'' . a • , � , II'T 1 � `�TTT_�,�Z! !(T9�' �� '�f� � '�`�r;''`' %'� � �v � � � �� , � _ , i r; ��;:�'�•�z;z� u , <�.. - t T T��I1 a [ATI�[II ` '�� ll� ,� � -�j'; ,� '{�::%�:;.>�` � C .+ � e #'` Il LI T1�� '7 T�L�T�� T�r� �,'�ry ��'::::''::: ��. a. � fr+r: � T' � I J I I I liT S'L�I� S r If� �{' '�1r, :.,;.�,.�. �•�+ d � �"' 1 � i � t 1'1]111�1 7�5� ,� � I��,a; G' �� ••.:. �� ' m �� . ❑ ,�,'t«r�y�,�',� r �S.zzT 1��LT ��,�� ~ ,� �'��::� 4 Tl�i� ' p�',, a� i�-�,�l�ll�? � 9��. ZT�T� ��*�-��`� � /��m' � ' � a" �z�;��;z` �s��z,��zx1 ��zYTZ�,�� " t7 � � � � z i .�' i ��yXa H�� - � i� :�.�;:. �..: _C� p� i�.+ � ►.� � eE -� (�1�� - � ��1� y `��'�� Z .d � � , '��I I I --�,:�T � ^ =� �,"` ;��-;��o � � � o0 _ __ . .. —y� , ; �1tJ��l;F��f�-,�"+Rl]-- �� :`; . o ''':. ' ° � i N 3 � A ��. ° �_,o� ��1�i�-�,0 �� `'' °� oo a�a G� a ❑ 3 � ,-': —�� ..,;`''L,6 ` mG50�J . (••i y .. — �� l Sm�O00mC � , � y � �, i ' � � �_F ' , �� r�� K� �� . m aao m� W � w, � < i L�- � � a�rl�Tm�, 1 J^ � o .. �y � � O 'O �� - ��'��'�'� �. .... 'A`"`'(J,� �''�M`� n z ... y 6� � �-�,�,1� '' T'�.L�.L�� p ,�`��1['�`�`;�!� �� ` e L: Q � � ~ ; LlS �"��:� �L�� `_ "� �JD� ��, ;� � � H a � . �1�, � Il��i ��L�--a�r ��`1_,k�t;� � - u � -r � �r f�--�a- _" � —�� . �a ❑ W �„ t�• � ��F.. �,,� � __ ''� �� ` `,�, � u �-• x---3 ��-�`�'-. g � —, �-;� � aC �., ... � � !i� �3�. � �i—. � I � � � < —. � , _ � - -��--�T�i��_: r � � � M ' ''y� ,Y �,� '� W 3 -__�3 ._ � �T:TMTT� �y '_�.�cix��-i-r r"` i�,.�G1 � `' �'�� n �,�� ; _.��''d I;� �i.��lll ZZ ��.� � '��,�� + �l � �J �I T IIT �__� �T T � T �T T� � , , ,� - �f ;1a �, �_ .�� e �_� � � Q , - ��i� T � LII T�� Z � ;,� .� �,�� ,� ' r- ��iJ`�'�-_.�_��IIT�Zi1lItT :T � ` Q r'='�'- � , - , �/'7�11—. �I IIZTZrli II ' � �T�'j''�TZ' y� � ' � �—_- - �� \��'i'��;� �f l 1_T_t r!lil�,�- �.11�� '1' ��'�fi\i � ��C� � . • ��. ��''-� '� �� I��I T ^K �1 �� „ �- �� :�� i � -�- *T ,L '��SI � 2 �� , � �z , �� J,. � �� r �iII1Tl� z�'aL � . �I ,�q� � ��'Z � �.; � �' �,�,Tr=. �i� � � ��_ �ZTIl� Z�� ZZ.�.�� i ��1 I�T �,:I��'�"�'�"��L�� . a. �<� > .. •-�'-� , __ ITIIT ��TTITT TI T� �- �TT��TI� �.�� ` � �1 . ,, __/` _ ��+��I� I=1� zIITT�Z�! ,�ZZ�� Z�Z ��] � '�z�� ` -- ,✓ � �; ' `� ' � � . 4 !�' ��lIl�:....!.,��+�,[L�r�� ____ 1 ��1� �=��,4� r - ��`�� ; ,r^ T��z � � _�� k� �� '�� ^ � ' `` ��_ , ' �� ,T�� ;� �_,�, � �� ! T�!!T� �T�Z' i ,� =�� °`�' ��;� �� ,�Q�1� �.�, � _�� , - � �� T�Z, � ��;��,. ��, B��i � ; , ,�,uT'1�., j�,�l�-`�---�,��TTT'. �i ; ��i i�� '�� ' '�� m� -�I.� -x `_` 1 L�LZ �,, '�i�'�' �' �� j,-� �� . �� t�i�l�T� �' � �;�s��,,�� ,�� '��T ��i��,�� - . - � Y � �RII l �� u'�' '�.ar�'� S�TI'�1�'��a°�� ,�, .�,_� � � � �. _ ,l.L � ��!;��I T�rL�'� �`��6�� !��' ��i��,�� - ��: \, - �� I �� I�ITi� �_�� r� �� m � ��' '� ��, �_� : �--;��ii`C: ,,��; � ,�� '��ITI�L: � ,� i� ,� �; . a ; ''.'�� „ r �� ;�� ;i ��L�� !�!�'��_ � � �_ �� `:�:. . - � � �c s m � , , � �, ;.?��--�; f - ;�� , � I , .�-- �, ; � �.;'° > .� -� � � L z��, ��, ;, I�j'�� i � � �� t ,� I � �-, M 'i!� �z�i.��.� m�' 1 '�� ,: - � �;� �l �' a��e �m� �� x ' �J� � `` �`�� '' ^�j��[�L:I� i Z�;�"T�'� I�P�', � �; � �_— '� ��' ��. i .Ir �� -- i :' , -, p mmm � ;::YS:;:::: '� /, _- � �� ±��, f�� J � ; i�� 'j! I �' � �#` j i �, � f �7 - _�`__�'�'� ��--��_'--'�'� - i' , �:;, . 1 ' . _ ° , �1'% �J� _ - . ,_, w _ � , ,� ---- - -- - -- :� _� � � -� %�� --i�'� . � �l —- �- , , --� � -V- _ �-:- , _ � .I, ::. �. � �:.� :� . :• ,, �, � ,� � �-., .. -� ,, , � ��. �'// i 4/15/86 i I.and Available or Adult Entertainment � I ew Pro osal Ear II p �Ler Proposal (April 14) ( rch 23) Non- owntown 077 acres 1290 acres (B-3 I-1, I-2) 6.38 of all (3.9 of all on-downtown non- owntown and) land Down own 00 acres 0 ac es (B-4, B-5) 20.4$ of all (0$ f all owntown land) down own land) . Total 177 acres 1290 acres (6.5$ of all (3.9 � of all 1 nd) land)I I I Note: Acreage based on all developed nd vacant land, including s�reets and alleys but excluding lakes and ivers. Percentages calcula ed using the following figures: City Area - 33,412 acres Non-Downto Area = 32,922 acres Downtown Ar a - 490 acres I� Prepared by PED staff i I I� I I . �I I I . �`�,�T1 p� II `� � � / / �' : CITYOFSAINTPAUL a ��„ ; � DEPARTM NT OF PLANNING AND ECON MIC DEVELOPMENT � �_ �� ,; DIVISION OF PLANNING • 25 West Fou ee1.SaiM�wl.Minnesof�55102 ,�s• 612-228-3270 GEORGE UTI ER MAYOR I MEl�i RANDIIM RECEIV D TO : Mayor Latimer City Councilmembers qpR 18 988 FRO : Mark Vander Schaaf CITY �L RK DAT : April 15 , 19�8 �� SIIB ECT : Adult Entertainment oning Proposals I --- ------------------------- ----------------------- ---------- Atta hed for your information is a chart summarizing t e current adul entertainment zoning proposal in comparison withlthe earl' er proposal and with existing zoning regulations . l Also atta hed is a comparison of lan (acreage) available f r adult uses under the new proposal and under the earlier prop sal . A ma of the new proposal is al o being prepared for dlstribution and ill likely be available on Monday, April 18 . I i il cc : Ken Johnson III Gerald Strathmen i Jan Gasterland Jerry Segal I' Phil Byrne II Al Olson �I i � �� I I i �I � I � �I II I � �I � I �. � � ------------ ------------- Y ' � '.� w • D .7 I � M a « ' 8 S � .� O M w � .� .� I b � 9 ■ .wi .wi � �, � � � � a � � c� i '' t� �e � p; � � .�+ '' M a a a .�i • � o � 1�0 eA M � N ° a ° a b' o 0 0 o e —— ——————— — ————— ——————— : � � � � • M a�+ a � u a o • • • n -+ � • .r � : p �{� - Y • a M � Y • � 1 G • t, ./ �y p • t,' .r • M .a � M ,� .a � M • • II i F a � ►�i .-�i yg � ,Mp � � i0 • u .+ .+ • � i3 ✓ .� • b a i � �n r a .+ .+ a � .a ,+ � .. i i i ° i ° m � � � c�i i � I t~7 C � +�+ � C C � .� • O u � � � � Y a M O • t� � r p�i � I N 'O +� .a U .� 'O .� .-� Gl s y II a PG � A*i O v~i Pi A R�i Q = PC __ _ __ _� __ �_ __�� I � � � I i � i w � � � e I • ' Iw i � � u �o � � i " ,,,r� � • u � u u � � a� y � o u o � o o � � i o �I i � �' � w w � w b i � � A M O 1 O N 1 = ' � � I 1 O • I +� �11 • N P1 �y M I Q ! 1 e� 1 � • 1 1 � II � 1 1 t N 1 / f II O .-1 1 1 � � �.yi u � u a+ i a+ � u II v q i i i o i i � i I i v w � "' "� � M w I� u -� o 0 o Z o � o Q �1 O i O N 1 O 1 i a O m a 01 N I Q a f rl 1 1 1 1 � �II C i i i I O ; � � i u i i i I a a I � oq o u � u u r y, � y I �1 O Y O � o 00 W � W W � i w ' `p 'I r �� I U .�1' O ' O O � Z C O ( • � �T I N N i N � O tA < N i .� � .i i .-. � � �I i � � � ! M i 'O �f � II O O CI � . RI � N m i � �y • 'O O �+ i O [+� t aQ p y' i �+ � � Y 'O V N ' � pa '•O 30 M 1 � Fi � j M 1 3� IR1 II • �C�! +� N(: 1 Y �1 L(� 1 Y (!� .+ {J 1 �J I L� « L 'j 'i 1 � .t N �j 'i � Y 3� � 'i 1 � O I N W � G M t O IO � O M p ,T. � p ha 1 Q �q � _— ____—_— __� —_— C __—____ - .y N .-1 y' II ■ p M � I w a o �Q •�+ '� r �- w - u o0 +� 'V a u 7 M w pm, � O U • U O M .y I... 7 Y M .� • w 7 w x .�,+ � °" v° '" ° a � E" � � .°e , w a a � ., ,Y a � .d a A .°� " q 6 Y .� O y Z 7 �! � 4 .-� d < S+ w +�+ O O G O M .d • S � F � < fA .'E • Z S C7 O. t I,. u4 —— ——————— — ——————— w o w s 0 y I N .-1 �. � y G .� a a °i j. � � o � a N N � � ye ►�i a • V C iYi II M p� M .� M • '/ I � Y i v M � M p I� v� < Z W U 6. I II iI , . . I ! 4/15/88 i I Land Available or Adult Entertainment �, i �i i ew Proposal Ear ler Proposal (April 14) ( rch 23) 1 i Non- owntown 077 acres 1290 acres (B-3 I-1, I-2) 6.38 of all (3.9 of all on-downtown non- owntown and) land I i Down own 00 acres 0 ac s (B-4 B-S) (20.48 of all (08 all wntown land) down wn land) I I I Tota 2 77 acres 1290 cres ( .5$ of all (3.9$lof all 1 nd) land) � I I Note: Acreage based on all developed nd vacant land, including s reets and alleys but excluding lakes and ivers. Percentages calcula ed using the following figures: City Area — 33,412 acres i Non-Downto Area = 32,922 acres i Downtown Ar a = 490 acres i I I Prepared by PED staff � I II II I I I I ��. I I' I I � I I I. ...�. o ' �`�� / __�::��,t. . ... .. a,• :-�. ITY OF SAINT PAUL 3� '`� DEPART ENT OF PLANNING AND ECO OMIC DEVELOPMENT -o - .�^ �: � u;mui �� ;�� 11 t �` DIVISION OF PLANhING �� A C - 25 West fou Shee1.Saint�wl,Minnesota 55102 ��•. 612-22&3270 GEORGE U1TI ER II MAYOR � MEIri RANDUM � T0 : Mayor George Latime II City Councilmembers I � II FRO : Mark Vander Schaaf DAT : April 14 , 1988 li SUB ECT: Adult Entertainment oning Ordinance- - I One Type of Adult Us Per Building --- -------------------------- ---------------------- ----------- Int oduction and Summar � I An mportant component of the lternative adult enterlainment zon'ng ordinance is a provisio which limits a single type of adu t use to a single building The following memo discusses t e rationale for this p oposal . The proposal is based on the f llowing argument : II 1 . Concentrations of adul uses are associated w' th negative land use impacts . I � 2 . Multi- functional adult entertainment complexes�lcan be the equivalent of concentrati ns of adult uses . j � 3 . Therefore , the City sh uld regulate the number of adult entertainment functions L at can occur at a singl business location . I 4 . In order to regulate adult entertainment funct ons , the Zoning Code should have precise and uniform defin tions of separate types of adul[ uses . � Disc ssion I I 1 . Concentrations of adult uses are associated wi h negative land use impacts . I Studies in numerous cities have concluded that concentrations of adult us s have harmful land us impacts . In 1972 , Detroit determine that concentrations i olving sex-related businesses con ribute to a "skid row" ffect (40-Acre Study , p . 3) . Th City of Phoenix deter ' ned that a study area with one of t e city ' s highest conce rations of adult businesses had a ex crime rate over 11 t mes as �I � i , i I ' � Page Two �I April 14 , 1988 large as a similar area aving no adult business�es (40-Acre Study , p . 15) . II In Saint Paul , a study done in 1978 examined bot alcohol - related and sex- related adult businesses and con luded that significantly higher crim rates are associated ith two such businesses in an are , and significantly lo er property values are associated wit three such businesses in an area (40-Acre Study , p . 17) , oreover , the 1987 40-A re Study contains statistics showi g that most prostituti n arrests in the city occur within our blocks on either s de of the concentration of four adu t businesses at the Un versity- Dale intersection. Other problems experienced b this neighborhood include a ge erally high crime rate . the propositioning and harass ent of neighborhood wo n. and a general perception that t e University-Dale area s an unsafe place due to the c ncentration of adult e �ertainment that occurs there (40-Acr Study, pp . 19-23) . I � 2 . Iiulti-functional adult enteztainment complexes � can be the equivalent of concentratio s of adult uses . I i The 1987 40-Acre Study of dult entertainment in aint Paul warns that a single , large adult entertainment co plex at the University-Dale inters ction could create the same conditions as those create by the existing conce tration of separate adult businesses n the University-Dale i neighborhood (40-Acre Stud , p . 29) . Two conside lations reinforce this warning . � First , there are already t o multi- functional adull businesses at the Universi y-Dale intersection, th Faust and the Flick . It has his orically been the case hat residents of the Universit -Dale neighborhood perc ive these usinesses to be a greater land use problem than t e two ingle- function adult busi esses in the area , the nion ookstore and the Belmont Club . Neighborhood resi ents have ong targeted the Faust and the Flick as the focus of their icketing and policing acti ities . � econdly, the very nature o multi- functional adul usinesses duplicates a sit ation which is similar to a oncentration of two or mor separate adult busine es . ulti- functional adult busi esses can serve various types of ustomers simultaneously or sequentially. Conseque tly, his situation can create a greater variety of neig borhood roblems . For example , two frequently-reported pro lems in the University-Dale neighbo hood are the harassment of women who are mistaken for prosti utes and the discarding of hard- c re pornographic literature on residential propert where i becomes available to minors (testimony at Planni g C mmission public hearing , 6 26/87 and 7/1Oj87- -see �40 -Acre S udy , pp . 55 , 56) . � � � I ` - Pag Three Apr 1 14 , 1988 Although sex- related hara sment could be caused y any single type of adult ente tainment � it neverthel ss is true that the discarding of po nographic literature i most strongly associated with dult bookstores becaus that is where such literature ori inates . Thus , the com ination of book and magazine sales w th other types of adul entertainment increases t e likelihood that surr unding neighborhoods will suffer from sex-related negat ve land use impacts . Moreover , the P anning Commission rece ved testimony that a "sex for sale" image in the Uni ersity/Dale area makes that neighborh od an attractive marke for street prostitution (40-Acre Stu y , p . 54) . A multipli tion of types of adult uses contr butes to a "sex for sa " image and thus contributes to s reet prostitution as we 1 . 3 . Therefore , the Citq sh uld regulate the aumber of adult entertainment functions th t can occur at a singl business location. It is proposed that , as a ondition of the Specia Condition Use Permit , it be required that an adult [booksto e , etc . ] shall not be located in a uilding containing any other type of adult use . I 4 . In order to regulate ad lt entertainment funct ons , the Zoning Code must have prec se and uniform definit ons of separate tqpes of adult us s . I The adult entertainment am ndments to the Zoning �Ode originally proposed by the Planning Commission co sin definitions of separate ty es of adult uses (e . g. , adult books�ores , aduit motion p cture theatres , etc . ) . � Moreover , these definitions focus on the distinctly separate functions which relate to each separ te use . However , in th ir original form, the definit ' ons were not entirely u iform in specifying the type of fac ' lity associated with ea h function. Specifically , t e definitions refer to he ollowing types of facilities (key word underlined : Adult bookstore : A sho . . . II I Adult cabaret: An esta lishment . . , I' I I Adult conversation/rap parlor : A conversation rap parlor (� an establish ent . . . ) . . . Adult massage parlor : massage parlor (= an � establishment . . . ) . . . Adult mini-motion pict re theatre : An enclose buildine . . . I I � I I . ' ' ' �'ag Four Apr 1 14 , 1988 Adult motion pictur theatre : An e osed d . . Adult sauna : An est is m nt . . . � I It is proposed that these definitions be brought into conformity with each other by using the phrase " building or portion of a building" in each case . � I I I � �I il I cc : Ken Johnson � Gerald Strathmen � I Jan Gasterland I Jerry Segal �I Phil Byrne A1 Olson � I I i '�. i I I I i � I I � � II I I I I I � I ' �� I � i � :'� � � ,rr,� i ��.� x � � M � � iG W : I .�ih�L,��.�: .� . � � 1�19'J_I�I.u�l '�__ � ;,."%'/ E IFI �II Ilb I' W�II I�WIGI�1� � �� ,. � � _ FIIIN I_III'llli� �'�►;e� . � �� '. � ' , � � � , . �. iu � I / �iqi�Ni u'i 14i�� ` i.i�--� _ ;��„*iuu uir.i�i ni}t ��►-.�'� � :�. � `� �.,�'�`,'�.' � � ��"`' , ��i�n�n�rnirir.un��:�'��-;��; , � �.��;,`:�,a�:�>�/E�� I� ;� IQA 'I IIIPIHIIIIIIaJ}��II�u�L, �rw. _ p�i i�itii�iiiii�-�,� � �� T (: � i r�'` � - - - ��►G��a 'IIiIIhIITI� .�C�� ,�II I�IIY�i�'� ,/ ��- � � G�u �I�J I�a `�'UII�l�IfUll!�IIIFIi��I III!II� I i►�`�,►. � -� � ql� _ ��u�a� ►il��I�4�� ;►.,A �, r� .� r t II I��i( III �il p �Illlll�qlll 11' fl 3 � �/-�'fF • I, .. �a� � " �f� NFII� .�II';I� Ifll ��1 .�� ,�t � ,�-. 4 ��` ��Iri �� a . „� i� �� E �il . y� :t#��• s ��;��.:j� Il+.,ll�� • ,� �� j � Fllq1 � � �� C��?/� ��,�-�:� ��T•�/ i 1 �I�Y�E�II ��/ �'�� // �lii�an' �i�ult � _ �\� , � �� . � �� IIII,�IIJI�1� �� /��_ �'� _ '"" i�Q� . �'�,�� T��i�t.�'�1G ��',jtir�t � '�� ■ i�r��■ ■rninli �� .c¢„�� C� �� ' ■��u��l� t — �.�N �t�*,��';,��" f�,�i�i�.�� 4 • • Ili - 1 , �. i,�:� � � ,!t�,p;�� nurc��■ �w�_;��c • `� '� �� ►� �� 5� �> ;, � ut��ur, ■�■ �� r� � . � f'�< P tis�,�E ��t�i+��Tt� , '� _ � . � �,e �� `y� �u�u�u��:t... .� . . i �. • . � ► � �-r+ {� � �k \ v �,�„s� ♦ �e }-�i ��7�i\�"�II R� �� g�i��J��j��,' . �. � ��4 ■��ri`I ' �d�� C�� k�� c�i��\.�jl!17J';�� - �S ► �� •� � � � � ■■ i�!�I� :��'`�t�i�,� / ;�� 1��11 �'�i��1 . � ��. ,,,�i��11t�� a��c�}!��1{ �� .. � � ��L��t�i�l�- �� • ` • � ' *'��11' ��\�� t��l��"� _ �� u '� �� , , �, . �� , ,,, . , ' '� � r�� Q � - il � � rI _ �1," - - :� � � � �INJ �'I G�1'1 t�_�Ilm I ' ��-+ �,.�, �, \ - � _ '1 ��I' I� 191�'il!IN� ��I � ; '�I I �;;,t' ,, � _ �" �'� I�I�I�111111111'II'11 Illilll' illllllll i_�1�,.�� • A6;��, \.�� ` - ' �_, _ _ . _E6�- . . r �-'�INII(W I(N�I i �411"I�:�NI�II'CII�IaIW �li�r.;� �= -�`�,a;r,i�� . - � � �� Ilq� qr ��I I�I��IpII�h11111�-P ��I�. �-��►��i,l�"�� - � _ - _ PIN1_I;!�I Il�iii�i ii��;��1 l�ll. ��IH�Ii1C; �� , �� C�� , � ' � s�� C� II''11��V�} � � _ - ��::, I .�IIN,161G11n11 �� i��:�� _��IIIIIi Idlal;lh�l'y�, ,-�::��'��:,� � - - �I� ��-�_�;=� �.� ;�I I:1111 II��,I_kll�� t�lill jl� �1_�Ibl� v'lll� fi11111;1111111►�i t, _ _, . - �m} � ,.�G-�"��- -- .4 _ _��I _ f��L GII�.I I�NII1�1 �_�I�II!Ill ��_ �IkI1�I�IGI�'�III�Ullltal�,� �_ -,� - - -- � .� ,. , � � �� i�i, �,i�i�t, � ��- � , � �-,�r► �i�rci�� ,i�ii�i niiii�i�ni,i� Mir�i�..�nF Ei�P�i�gl►1.,,:.�.:�;. `—�m- !i��i�i�`ii`Cuir'u� n�, .ul!fllFlltlllli iru��ri�U �''� ,��-��--T--- 'll 1 IIII W � � � n, � ��c�., ,o��i�.� `,�j —, �._ ' . r `��-- � ��T, 7h�� , �� / 4�� UII11,11�� ;licn�� 'tE5''�` . ��irniiriiniiiiitii_f�i� i��'�r�im� y�� ;.: „��{��:-1 �■ .� A �'`'� _ � •� 111Llllll�lt,ll;ll'IIIIILIIII�r!' �II,ITI'�III'��,,,��(�II':III��III,IIII�IIllllllllll:IP.IIIIIIII;IM�;=_,. ---.�_'�� -��1 P�II'�!1111`;JYIIt!��Il:l�k��llhllltl.tlllilklt�Il�tlldPlIIIII!!IIJIIIIIIfI�ll��ltl_�1( �� _ — � ��, �4��,'� GI_�IhIIIFllltl ��'�( ��;�II'll�kf1111�I1ICll�llllfliupi�n�iru�ndl/Q1�uu�ir�l. � . - � - � , ��t�6�ll1�4]�I ��!�1}I ,i�'lif �I��I IIII�Illl�lil�l{III{II I�Il:jt�lbll + � ., � � uun� •un ��,� il'I ' IN Itll IttlllEr--..�_ _l+-�'1 �., 1 � �.?� ��Illi�" -*::reaiiii ��y_ C��I ��1_� ��If�lfllll � t'�-�-'��'� :��' �<<� �` � � ?� :��f�,��i�iiiknh�ti��l ��:_ ��,=�� ,u� i��iun��ll��o-uo,nu�ll'�IIIIII rlFll�l ��:��[`- � �'"�� c�. 11 II li/�y111111., r t r ` n ��n11��u�Iltil�fYl�lll.�� ,.1�� . �� •�7�.�= dnuiiuu�,nllltllllltltllllllllllll111'C'I�I�f�. �- - - ll }I111711�'If�l� r=� �,,;��;.C'��Il11 � �`�j�{ � IIIIIIIIIIj' IIII'lllt II 111 �I IIII Irl �,_ j�n � —� �,� i � .lt � �� '�� I�i��V��;��r�r�l...,' 1��i��i��'I��'11 hll}��I��'��I�� III �f��'r''�# ��'��;.�� . rrS-��i / i_t_� uuu:��nuu��i�y ��;Illllllt i i II'�� /� ��• _ , � , , ,��; ��uii�ii�i�i�ia� �1< �� YIIIIIIIIIII�I�) (II�!� � 'n"+—:; v �-� - � '�'� . � u � t� nu� �� i �fl ..r ��'lll_GI-�; _ ��'_�l' r � � �� h��li � � �� i � ��' i'ii�� iiii; i 1171'll� I�IIdI�N 1M�llil I ��-��!�� -� '�� > i�r��i��_�� _'LI II�� 111�II�I 1Nlfll� �"' �IIi��,��tJ�if�f�'��_— • ,�, !��i/ �='I+1 II I�i� N uumi�illuuiilfi_'iEIIItUuaq;{��ii�u�ll I!I 1: ��; ��'0 � .1" � � � �%e�✓,Yg. �� +��t��''��(��I1L��'t�� `�� i � ��+ �/. � �,` 1 1 r i� I ��1�ILI U') ' /�:/I�5' , ��'n �� '/ � ��i�-' �/.,"/'/� � '—��IR � �_ �% '`��' �ir '� '� 1 :�_�/, �� f ��' - �,� �� I ��- �� embers: ill Wilson, chair `�j111�� CITY OF SAINT PAUL m Dimond °"' °1t 'ki Sonnen OFFICE OF HE CITY COIINCIL Date: April. 14, 198 �. ", WILLIAM L. WILSON �� - MARK VOERDING �oun�� an C o m i tt e e R e p o rt Le�ielative Aide T : Saint Paul City Council Fr m : Housing and Econo ic Development Co mittee Bill Wilson, Chair 1. Ordinance amending Chapter 60 o the St. P<�ul Legislative C de pertaining to Zoning Kegulation . (adult-type uses) COr1MITTEE RECOMMENDED APPROVAL S AMENDED ' 2. Ordinance amending the Legislat 've Code by adding Chapter 3 pertaining to the size and time of display of Temporary Ele tion Signs. COMMITTEE REI'ERRED TO R L�S AND POLICY CONIMITTEE � 3. Resolution approving the appoint ents by the Mayor of Ronnie Brooks, aggie Schwichtenberg, Kathleen allace, and Dr. James Peter on to serve as members of the Downtown Riverfront Commission. CO ITTEE EC0:�IENDED APPROVAL 4. esolution approving the appoint ent by the Mayor of Craig R fferty to erve as a member of the Heritag Preservation commission, t rm to expire ecember 31, 1988. COMMITTEE RE OMMENDED APPROVAL 5. esolution setti.ng a timeline wi hin the year 1988 to cease raining perations of all helicopters at Holman Field and to seek a ermanent ome at a secondary airport. COr ITTEE RECOMMENDED APPROVAL S AMENDED CIT'Y HALL SEVENTH FLOOR AINT PAUL, MINNESOTA 55102 612/298-4646 s <e / '��, I � •X� �� ,,/,/��/��=!i I`��.��;l ,_ � � '� �-� �/� ��;��:�j��ffcr�� Q�� , -'°°°��;,�;�3�� il"`��. �« �,,/j.��,��y , .. R '�. r''`!� '�= � �� '%=r.�%/j� :��•�� _ ..� T- ��y ��J- i ► y�`r ,-ri��,� �-gy -.�I��/� ��l�` I `� �i��r-��„�,�i��l ��j��`�'�� ''`/�'t�� ,�,I///��,� �.�.�,1'i`I`R-`]�ill�..�'�� (� � I��II�II��L��ifI�II��II�I��i��+�.IClll� _ '//� '�r �'?�` �"'�!�,`�, � °Pi��'►��11��C,�7.i � � . r f �. -� //';�� y.., � �.v,� i �t� -a '� IIIIfIIIIIIII pII;IIIIIf11IIII�IIII�iI filII,II,II II� I III I (//// , � ;��.,. � � �j ,��,�Ig, _�_=a � ��r..�`�II`IIII'llbi'n��Alul il,llii �`nun i�l{iiF�i��;�� li;�� ,��:� �' ,�J�_�_�=;,tg'I ��rJ� �e�� — — � Ii � .. `.� U � � � ' �' 11 II�� - - � ��II�111�II � i ii;t�ji` �1��i 1�l �� //'�""'j1,1��111J�11,1 J��;RU ' f=l� IIII',il;�l Il�ll;ll,li'1',Il;ll'�Ij�;ll��_� �� 1 ii��i`�/` ��,, � �.,, �, � �� , '� � �� 1 I � 7 y� � �, �� ,,..�-, (III�■,■ , �' � ,1 � I�� ,i I, ,�� ,._- �.��' II�_:,�-� �;� ��_IIIIII��C��. Illi � �;�I�I I�I,II,l�ll�ll� �il;��i�u! �I�I �!l;c� � +�� r � 7�.��,�� .�� [�� Ili � 11111�1��'��'��i�,ln'i�l�' '��I�li CS r �Ip�)`��,�� \ �`�� I 1 Il��i�'� ��'`-1�n1: ' 1��Il;��'��Tl'•,4 `_i��fll��l�l� ��,, �� ,;.�I;�I' . � . �,- � �� I� : i�; � . ,., , �.�., , .. �,�,,Ilirl�l. � ,��..�,r ��i�►I �-,=��,��,��,�II i;111ri11�N�_�� '\11,11:�1,11'.��I■�,��II1;��1.. �Il��l��i_._ I�'�II�(f�lii ��i��ll�a'�Illf�„'...�,��1�r��,�-�� ,�. � , � . �. � �ii� i�fl�ii��ll I �n �� ..�.�� r��llll�llll'II��I�ii��Ml�i�t:,�� ; '� w��1��II�1 II;II II,I_II,II I�11,1111�i ��l�_, �— 7,i��.��n'��i�i�►3�'�i � < < ei�: — — ��,� ! II *'IIIIIIIIU ��h�u � { �- `��iY' ', `"LII�`:=: ilTlllfIIIIJI�j[;��/�� ;I il� C�CIIIIiI .IIII1111�... --- ��1-�_uuiin�`i �i��W,i�� ...�z-L -- - ,�, � �-,�; . _— � - - ,I I I�i i�ll 1�1!�I11► r I�s nn ,��a� � s,�a II ��. ��;��I� � ��, _��`=° ,--� ' '►I�i'i� i '.�u �r��'r�l:ll�l �� d� � ,.��■ �� , ; , �,V,�},n�� 1 i � �- "�t�i� lill ..�..I�III��Ci'rr�) � - i � �� I i f ��I�IIII��I'�� 'll�' � II,II��11,11�� I'�I ��'nr, �<��—� �� ii� ' — �,�:�\� , �fllf U111�11�I�,11,f (,I,� , i � � �'�� ', � I_t,llfl'(I'i�l��l� �,��,'�u ��''` ,��N,I�lil � �� p,i�iu�j��i�i�u��nuu��i1 jfl��fllll�tll Illll III,I 11'�.��1 '�t��,. �. .�._�, � , � � `� ,1 , � ��rill�'�III11Ij�lIIIIIII�"'i��II I� IIII�II G�IIII111111,� � ��` '-• •,�—' ��`� � IIIIIII;QUJlllllllil,ll,ull,lllllll, r � , , � � ; .- �r F- , � � � �.,aa i I r ��. � ; � ,� � .,�■=�uuu��h�,u,uu;Iql�;I�,��u��l��un�!,�,,_ �,��' ;t,�l��`_►�I�Ita��uu��i�u��,�� Il�,i; � •�� ;L; ��, � � ' ■� i_-�f:�' nuu ._ ..,� " �_ � ti . ��^� ► �_� , ,_ < < ��, ; ��i,��,��,d�� i�. ��,��,��,��; ��p �� ,r � ; �`�.;�� _r�• r �_�`�_ � �IIII'il�,� ;_�flAlll IIIIIfII�11!�If��1'It�(lU��,III1,i��1�� i��'�I ;; �j �,II��I I� �ii�i►d� ��i��--�--"�- 1� _ r �� f; � � �c��p��\:.�� -,�i� ":vJ� 11 ��, '��'ll'll��,��;�� 1111�I1 Illli�,ll��lJ!l (I(� _u_I'_�`�/'t��.-4' i�� -�_.. `\`� n I� �'��I��I �I I ' c , I ' ^ i i ! � 1 � ��iy i� � 3✓/ I1111.1 �_- � ...�_�]II� �� i , Ili�i�. �i ��'��,�� I�r��f�h'��,',��.��'��I�Il��il�l�! :��.✓` - ,.r � I I I � , � �- ,. , , `f u II�I.11� ,�� \ �"\II'll�l�f�;ll,fl,llll,li,ll;i�ill �.;1��II11,11,��,11,111111,11'IIII��IIfI,IIlI �II,II,ll;llll�l,il;irli� ��t ,��,�- �i �;_ � �� ` �� i.A��,��1�: ��'��'{��,�I��',��I��l��j� �c�el�'� r. 'P�� I�� y� �, 4 � -i r� �� _ e- �= �� I�"�� ,,.-�, � ' ' 1 �Ih�l,ll''�"'�';';' 01"+'�IIIII�Ililll�llllllll�� •-,-�'`�--j�-�"�� a i��'��u � � i �1 ��I��O��fi l ��II�� 1t�llt + t ' �:�i r r-�Z� �� III [,Ill�lll�llllllfn�� i;�i,u, ,II'i,lilll�l(I,II '"', , �e►_ 1�� f.�l111j1_'_a1 �, h.0# � ' y� I' 1� � I II Ili�ll � + � � � iU,A ll,.�ll�Ip. , i � � � i . , � � � ��Q��Ilil,�11"�.��,��!�;il;ll,lllll��l��ll�,l I II,IFII,l�,N I;II,IIII I Ilf�l I ii,ll(�;�� '� r = . = �� .�,��.-.��,��r,i��i��,�� i�� i�� ,��.��a��: '{�7��' =��.,��,/.��_��!�_ ��t=� �� _,_, ,. �� - ;��u�h�� {f_ � . � � ��:� ��r��, _,— . � ` � 1. 16�'�'_�1��,��1�1'�III!IIII�I��I ► IIIIIII'�{}� I � �',� ��zl�Ls�� __ � '�`' �h'�,�'��-�.�71r ' .�,II II;II irII,E;II;1.I_�;� �, I��; ;.�I� I ,��, , ;a'�I ��; , � ;� �" r � i _ �� 1 I�I`li ItI I�� t F �i �' � I�I�I�. ��,��i, �/ f IIIIII`}lill,l� l°� ��-��,III�.; � .:�� ,, ri��1� G�� +Wi � � � �a["' �� '�i �i�� ti �� °�� ' 7�C`'��I,_ ��.�rrr'�� r, i�r,r�;��i �� r��■� �� @� � J �i� ��illi ��V��-t� �II� �III ��i;i��u�� '��+;��a�'�� '�-' _ �'� � �� A. AI i�.�._�Il�ll��i��.� ___ �■��__ � � � .�,� �i �- `� � ,,� �-'-'�; �� I°�'`-'__��"'=�_`— _ .�'�r' � �, .��;ni,i-�{; . �.�" � �`I��i I&`�,& � :�.�=�,6 �=== --_ � -� � ��ii !� l��'�� - .�-s o� ■._..�.. �� ,. ��, � �� :� ��, _ s- . , _l. 1=l►...� � a� ��C ��. �.� .r i , ��i�ii��(1..i� �i u I i� � i � r -� . �. , ♦, ... ,/l' � ■ �� I:�(i��lll��l�llllil,l�' G I�� I��,1� �� _raue_. �.. � • • �� -�■�1 �� t ��'�� '�� '��! �]U�I��'�r` '� r�,n�;:..;�;��:!1;�!r,� ` �� :P!'/�.�,.,•��,o��,�;��.G-'�� - - , . '��' 1��P '� I _ �!:f��u;i��,�i�,�� '��t� %;;�;`��%•�' �;`��'� �,�1, I ��Ti�Ill�ll�lli_I,Il�fli� `� � ' � �.a�.,.�.;. i�11� � . ,.. :� I� � I i�E��.'i Y. ; �,�- .� i�`�:'%''.',.�,�,;'`�� +��`,Lrt„f' E��,o��- ��. . . " ��...-��1��II �'� 'v�� • � `. ��,!;-� �.�{_ 1 l I l.�� }, �� J`� I^ ��!, "' ��-'a'/ �a�.. , ��x ��■ ��••�� '�u��ll�r'��r �� %� � m � '`"'� _ :I�-�i��ii ii i�it� ' � �'• �, •� • ,' �`,..,., � '�'�Ti4i�t�i ,ii{:i;��u,�i� �:��;� �n.. � .,� 11 �'�' -- �e � 4.`Cti* ��:. , � o , !CITY OF SAINT PAUL � _�_ � DEPAR MENT OF PLANNING AND EC NOMIC DEVELOPMENT +, ,►° j DIVISION OF PLANNING �� 2S Wat Strt�el.Saint hul.MinnesMa 55t�2 612-22&3270 GEORGE TIMER MAY R --- M MORANDUM T0 : Mayor Latimer ',RECEWED City Councilmember FR M: Larry Soderholm�j AR 281988 Mark Vander Schaaf ITY CLERK DA E : March 23 , 1988 SU JECT : Adult Entertainment Ordinance- - Definition of "Reta 1 or Service Business" -- -------------------------- ---------------------- ------------ The current version of the Wi son proposal stipulates ' that an adult bookstore , motion pictu e theatre , mini-motion icture the tre or cabaret be at leas SO radial feet from an "retail or ser ice business dealing directly with consumers . " I does not , how ver , define what constitut s a retail or service usiness . In rder to remove any potenti 1 ambiguity related to 'this issue , sta f recommends that the foll wing definitions be ad �pted: Retail business : An estab ishment primarily enga '�ed in the sale of retail merchandis in an enclosed buildi �g; including, but not limite to , drug stores , rest 1�rants , bars , gas stations , food tores , and stores selli g automotive items . Service business : An establishment primarily enga ed in providing services for individuals and organizati ns in an enclosed building; includi g, but not limited to , '.hotels and other lodging places , and utomotive maintenance establishments . Thes definitions reflect staff s original intent and Ire cons stent with the City' s proc dures for classifying 'and uses , with the federal Standard Indus rial Classification (SI��C) system for lassifying businesses , and with the current theor of zoning defi itions . Attac ed is the wording of the proposed amendment . cc : an Gasterland en Johnson � 1 Olson erry Segal hil Byrne ohn Sturner I eggy Reichert PROPOSED AMEND ENT TO DEFINITION OF �RETAIL OR SERVICE BIISINESS� Cu rent Def nition in "Wi son Pro os 1" The adult bookstore shal be located at least 5 radial feet from any retail or servi e business dealing dire�tly with consumers , measured in a straight line from the �losest property line of the pro erty on which the adult bookstore is located to the closes property line of the p operty on which is located a retail or service business de ling directly with consumers . Pro osed Amendment to Current efinition in "Wilson P o osal" The adult bookstore shall be located at least 50 'radial feet from any retail or servic business dealing dire itly with consumers , measured in a traight line from the �losest property line of the prop rty on which the adult bookstore is located to the closest property line of the p pperty on which is located a retail or service business dea�ing directly with consumers . "Retail business" means ' a establishment rimaril e a ed in the sale of re sil merchandise in an enclose buildin • includin b t not limited to dru stores restaurants bars as s ations food stores and stores sellin automotive items ' "Service business" means an establi hment rimaril en a e in rovidin services for ind"viduals and or anizati ns in an enclosed buildin • includi but not limited to hotels and other lod in laces and utomotive maintenance establishments . � � � `�t ! o� ��_ �� ;' '; � CITY OF SAINT PAUL � � � � DEPAR MENT Of PLAN�lING AND E bNOMIC DEVELOPMENT •• �° DIVISION OF PLANNING t� � 25 Wat Strsef,Saint hul,Minne�ota 55102 612-22&3270 GEORGE TIMER MAY R M MORANDUM T0 : Mayor George Latim r � EiVED Members of the Cit Council FR M: Larry Soderholm� �gi231988 Mark Vander Schaaf � C1 ��,CLERK DA E : February 23 , 1988 SUB ECT : Adult Entertainment Zoning Alter.natives --- -------------------------- ----------------------- ----------- Two approaches to the zoning of adult en[ertainment h ve been pro osed: o The Wilson Plannin Com ission approach maximi es the distance between adult us s and residential area ', while maintaining the 1320 foot spacing requ�rement (b �tween individual adult uses) wh' ch currently applies toladult uses in B- 3 , I-1 and I- 2 zones . o Councilmember Sonnen adv cates maximizing the s acing between individual adult u es , while retaining th ' distance requirements (from adult u es to residential zone or uses) in the current zoning . Plann"ng Division staff has map ed the current zoning , the Wilsoi/Planning Commission prop sal and four alternativ s which expan the spacing requirement between individual adult �' � busin sses . The attached table ummarizes the estimate of pnten ial numbers of businesses nder each alternative . ' Maps illus rating each alternative wi 1 be provided at the Hlusing and Econo ic Development Committee m eting on February 24 . cc : J n Gasterland K n Johnson A Olson J rry Segal J hn Sturner P ggy Reichert POTENTIA NUMBER OF ADULT BUSINE SES Downto n Elsewhere (B-4 , B-5) (B-3 , I-1 , I-2) TOTAL -- -------------------------- ---------------------- '----------- 1 . Current Zoning 6 110 ; 170 2 . Wilson/Planning Co ission Proposal 15 15 3 . a. Double Cur ent Spacing 2 47 67 � 3 .b Double Cur ent Spacing - Plu Extra Spacing for Third Adult Use 13 35 48 i 3 . c . Quadruple Cur ent Spacing 9 32 41 3 . d. Quadruple Curr nt Spacing Plus Extra Spacing for hird Adult Use 6 16 22 ---- ------------------------- ----------------------- --------- Note . 1 . C rrent Zoning: 1320 ft . spa ing, 200 ft . distance �n B- 3 , I-1 I-2 ; 300 ft . spacing, 100 ft . distance in B-4 � -5 . 2 . Wilson/Planning Commission P oposal : 1320 ft . spaci g, 1320 ft . istance in I - 1 � I-2 . 3 . a. ouble Current Spacing : 26 0 ft . spacing in B-3 , I -1 & I - 2 ; 600 f . spacing in B-4 � B- 5 . 3 .b . ouble Current Spacing Plus Extra Spacing for Thir Adult Use : 640 ft . spacing between a two adult uses in B-3 � I -1 � I - 2 ; 0 , 560 ft . spacing (sum of istances) between any dult use and t o nearest adult uses in B- , I - 1 � I-2 ; 600 ft . s acing betwe n any two adult uses in B- � B-5 ; 2400 ft . spaci g between any a ult use and two nearest ad lt uses in B-4 � B-5 . i 3 . c . uadruple Current Spacing: 280 ft . spacing in B- 3 ,' I -1 � I - 2 ; 1200 ft . spacing in B-4 & B- 5 3 . d. Q adruple Current Spacing P us Extra Spacing for T �ird Adult Use : 5 80 ft . spacing between an two adult uses in B- 3 , �� I -1 & I-2 ; 2 , 120 ft , spacing (sum of istances) between any a ult use and tw nearest adult uses in B- , I -1 & I-2 ; 1200 ft . s acing betwee any two adult uses in B-4 & B-5 ; 4800 ft . spacin between any ad lt use and two nearest adult uses in B-4 & B- 5 . � � • 1 ' _..� `S y��' r• l/ � ��+°j� �;��_... . �� , .<>`� "�""` CITY OF SAINT PAUL ° *' °�`�U ��0 �:�, �o �: OFF CE OF ?HE CITY ATTORNEY , �� `�� ;; /'� O-t1 ��1'� �:° ED ARD P. STARR, CITY ATTORNEY ,. m '"�;�;n'� °,'fi��` 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORG LATIMER M YOR J nuary 26 , 1988 Co ncil Member William Wilson Se enth Floor Ci y Hall Re: Adult Zoning De r Council Member Wilson: Enc osed is the change to he pending zoning am ndments for adu t uses so as to make ad lt uses a conditional use in the I-1 Industrial District. T e changes are found on the new pag s 12-14, which you would ove as an amendment at the Council hea ing. Ple se advise me if you have a y questions . Y u 1 very truly, 1 /' � ', J E J�-�-S GAL � A si t �t;�ity Atto�ney JJS : g � i ��J Encl . .R , � ,�� (d) All signs shal comply with Chapter 6 of the Zoning Code and wit Chapters 274 and 275 of the Saint Paul Legislati e Code. (e) The adult conv rsation/rap parlor sha 1 be licensed as a conversat ' on/rap parlor under ap lic le pro- visions of the Saint Paul Legislative Cod . (3) Adult massage parlo s or health clubs subj ct to the same conditions as those listed above in 60. 554 ( ) for adult conversation/rap pa lors . (4) Adult saunas subjec to the same condition as those listed above in 60. 554 (2) for adult conv sation/rap parlors. ection 8 . That section CA.-C�� 60. 14 of the Saint Pa 1 L gislative Code is hereby amended so as to a d the following n cl uses thereto: �� (10) Adult booksto es subject to th foll wing conditions: (a) The adult boo store shall be ocated at least 1320 radial f et from any ad t use easured in a straight line from the close t point ' of the build- ings in which the adult use are loc ted. (b) The adult boo store shall e located at least 1320 radial feet f om any resi entially z ned property in any municipal ' ty, measur in a stra' ght line from the closest p operty lin of the pro erty on which an adult book tore is 1 cated to the closest resi- dentially zon d proper line. (c) The adult boo store s all be located at least 1320 radial feet f om any "protected use" defined as : a building used entir y for residenti 1 purposes , a day care cent r wh e such day care enter is a principal use , a use of worship , a public library, a school (pub ic , parochial or priva e elementary, junior high o h' gh school ) , a publi park, a public playground, a p lic recreation cent r or a public specialized r eation facility. Th distance shall be measured i a straight line from he closest pro- perty line of the property on which adult book- store is loca ed to the closest prop rty line of the property on w ich is located an afor mentioned pro- tected use. 12. � � / ��. (d) The adult book tore shall be located least 50 radial feet fr m any retail or service business dealing direct y with consumers , measu ed in a straight line rom the closest propert line of the property on wh ch the adult bookstore ' s located to the closest pr perty line of the prope ty on which is located a r tail or service busines ealing directly with onsumers . (e) Conditions (b) - (d) may be waived by he Planning Commission if he person applying fo he waiver shall file wit the planning adminis r tor a consent petition which indicates approval o t e proposed adult bookstore by 90 percent of t e p operty owners within 1320 rad' al feet of the lo on hich the use would be locate ; the planning co iss ' on, in con- sidering such a waiver , shall ma e the following findings : that he proposed use will n t be contrary to the public i terest or inju ious to nearby pro- perties , and th t the spirit d inten of the ordi- nance will be o served; that he proposed use will not enlarge or ncourage th developme t of a "skid- row" area; that the establ ' hment of an additional use of this typ in the ar a will not b contrary to any program f neighbo hood conserva ion or im- provement , eith r reside tial or non-re idential ; and that all ap licable regulations of his ordi- nance will be o served (f) All signs shall comp with Chapter 66 f the Zoning Code and with C apt s 274 and 275 of t e Saint Paul Legislative Cod . {-�� (11) Adult cabarets s bject to the same con itions listed above in 68.-6��-{-��-} 60.604 (10) for adult ookstores. f�C-} (12) Adult mini-mo i n picture theatres sub ect to the same conditions a t ose listed above in C8.6��-{-�� 60.614 (10) for ul bookstores . �� (13) Adult mot ' n pi ture theatres subject o the same conditions as hose isted above in 69.-C��-f�4� 60.614 (10) for adul books ores . 13. , ��: _ WHITE - CITV CLERK PINK � FINA �E GITY O SAINT PAUL Coun '1 - CANARV - DEP RTMENT BI.UE - MAV R . File �. NO. • �\ '` �, r �n�nce Ordin �nce N 0. Presented By � ii Refe red To Committee: Dat � Out f Committee By D te ' f�8� (14) Adult uses oth r than adult boo stores ' adult cabarets , adul conversation/r p parlo s , adult massage parlor , adult healt clubs , a ult mini- motion picture theatres , ad t motion icture theatres and a ult saunas , subject to he same conditions as ose liste above in CA C��-f��.� 60.614 (10) for adult b okstores. Se tion i This ordinance shall take effect and be in force �thirty days fro and after its passage , ap roval and publication. � ' I i� i � �I I � � i i i 4. � i COUNCIL MEM ERS � Yeas Nays Requested by Department of: I Dimond j �� In Favor Gos.vstz i Rettman s�ne�be� Against BY Sonnen I Wilson I Form Approved City Attorney Adopted by Council: Date Certified Passed by ouncil Secretary BY �' By j� I Approved by Mayor: Date Ap ed by Mayor for Submission Council � By BY i. w►u1`e- '-+'e�Tr �ea�c� +: = `: � -: _- ; , P�NK -�N�` �E !�-.� . GITY OF SAINT PAU� �` Coun � ,CAN,Af'��.DEPA �ME � ,r::��ud' -rewvo F11C N�� - ~ � . .1 _��` ' k ,.� r �n��ce ' orain e N 0. -'"��`�``,r .-,�'` �'�r� Presented By - d` � �.... ___ Refe red To Committee: Date _ ; Out Committee By Qa�te f � id f J�inl� �s r tbmt, aE�ult rr�s � �:� � e+�r�wras t t c � an ct�re saEw�aa sa�e t +oe�r as s .6 +� o r�#t. � . �ion �:� . '!'�is ordit� s2�ai1 �aki �ffeezt �d b+� 1�► tos�ae irty day� ! and a!'te�r its p�saa,�r, roval a�d pab►�icat�.an. � I � � i .. ; � I � � � I 4 � �1• � .. COUNC�L MEM ERS ' ` ' Y� N� Requested by Department of: Dimond , �� In Favor . Goswitz i Rettman ��,�i Against BY Sonnen � Wilson Adopted by Council: Date Form Approved by City Attorney ' Certified Passed by ouncil Secretary � BY ` By Approved by Mayor: Date Approved by Mayor for Submission t I Council By BY I i t �. C1 T� � ^7/ � \/ �'` �. ' ' CITY OF SAINT PAUL ° ' DEPA TMENT OF PLANNING AND E ONOMIC DEVELOPMENT �� _ � �o' DIVISION OF PLANNING YS Wat rth Streef,Saint Pwl,Minnesota 55102 � s• 612-22&3270 GEORGE UTIMER MA OR ORANDUM T0: Members of the City Co ncil FR M: Mark Vander Schaaf I j� City Planner DA E: January 28, 1988 SU JECT: Revisions of the Propo ed Adult Entertainment Ordinance n oduction Pla ning Division staff has recomme ded to Councilmember Wilso . several minor rev'sions of the proposed adult ent rtainment ordinances. Thes rec mmendations are based on a care ul re-reading of the propos d ordinance and on discussions with citizens, c uncilmembers, and their sta f. The pro osed revisions are intended to larify the intent of the Pl nning Co ission's original recommendatio , or to correct typographic l errors in the proposed ordinance. The recomm nded revisions are attachedlfor reference pu oses. Dis ssion of Notable Revisions 1. efinition of "Massage"' (Ordinan e Amending Section 412.02, �Ip. 1; rdinance Amending Chapter 60, p. 6) By using the term "exclusive and the phrase "and for n '� other purpose," the current defini ion may be creating an unde irable loophole that would enable a business operator to claim t is not offering "massage" (and ther fore does not need to be li ensed) simply because there is anot er "purpose" to the "rubbin , stroking, kneading, tapping or rolling of the body" which is provi ed at the establishment. The recommen ed revision will help to cr ate a definition of "massage" that will enable the City to dec lare that adult massage parlors must b licensed as massage parlor ', (which they currently are not) . 2. C ndition Explicitly Prohibiting llegal Activity or Conduct � the Part o Adult Businesses (Ordinance Ame ding Chapter 60, pp. 9, 11,' 12, 13) It is recommended that the fo lowing statement be added a a condition applying to each t e of adult use: . • . � Me bers of the City Council Ja uary 28, 1988 Pa e Two No [type of adult use shall engage in any activi or conduct or permit any other p rson to engage in any activ �ty or conduct in the [type of adult use) which is prohibited by jany ordinance of the City of Saint aul, the laws of the State �f Minnesota, or the United States f America. Nothing in this brdinance shall be construed as uthorizing or permitting c duct which is prohibited or regulate by other statutes or ordi nces, including but not limi ed to statutes or ordinance prohibiting the exhibition, sale o distribution of obscene ma erial generally, or the exhi ition, sale or distribution',of specified materials to minors. This revision addresses the concern that defining adult�luses in reference to "specified sex al activities" and "specifi d anatomical areas" legalizes actions th t are or should be illegal. ' The intent of the new definitions is t enable the City to �udge alsex-oriented business to be an adult use even if, as has recently ha ,pened in Saint Paul, the business op ns its doors to minors. In themselves, definitions re neutral. If all or some lof the activities so defined are o should be illegal, then th ' City elsewhere can prohibit or r gulate such activities as i � sees fit, 3. issions and Community Residenti 1 Facilities as "Protected Ises» Ordinance Amending Chapter 60, . 12) It is recommnended that missi ns and community residenti � facilities be explicitly identified as protected uses." The cate ry of "protected uses" should be f r permanent residential use , for places which are likely to serve la ge numbers of minors and fo rehabilitative facilities. issions and community resid ntial facilities both meet these c iteria. MEV p i ►IMR � I N�MCf ---- • • �� - o �wwTrc�♦ CITy g SAINT PAUL v1�101^S _ •wc _.. ..o� � � �RQ�O IAA IAA Q N�Q� rdinance ;L p�,N,,;,, P��,« y • y ;�;��'o� s�.► . R ferred To � Commi ttee: ��27�8� O t of Committee By ate An ordinance am nding chapter 60 of th � Saint Pau1 Legi lative Code pertaining �to " Zoning Regulati ns. WHEREAS, the existing Saint Paul Zoning Code ermits adult ses to be located on y in certain zoning, classification ' stricts ; and WHEREAS, the Plannin Commission has con ucted a study o the existing zoning p ovisions for adult-t uses and has . • r commended that these regu ations be modified; an WHEREAS , the Planni g Commission has r �ommended that c rtain types of adult-onl uses be restricted o industrially z ned districts with restr ctions on their locat on in relation t residential and other adult-only uses, wit ' � these recom- . m nCations being �based upo studies conducted b '; City Planning s aff and studies conducted y other cities; and V7::EREAS, some of the purposes of restric �ng adult-only zy e uses to industrially oned districts includ ', the following . fi dings : Areas within close wal ing distance of reside tial dwsllings and other general comm rcial uses should beifree oi' adult entertainment land uses � . •Areas where children c uld be expected to w lk, pa��ronize . or recreate should be free of certain adult '. entert3inment ' , land uses. Adult-only entertainmen lan�d uses should e located in areas of the city which ar.e not in close 'iproximity to residential uses, churc es, parks and other ublic facili- ' �OUNCI MFN Requested by Department o . ' Yeas Nayr o.�w Nioo�. In Favor p.ecm.� i ��'M� Against BY ' T�daoo Wilson Form Approved by City Atto ey Adopted by Coun il: Date Certi:ied Passed Council Secretary 8Y By Approved by Ma�y : Date Approved by Mayor for Submi ion to Council BY � BY ties , schools , and oth r commercial uses. The image of the Ci y of Saint Paul as a pleasant and attractive place to reside will be adv Irsely affected by the presence of a ult entertainment lan ' uses in close � proximity to residential land uses , church s , parks , and other public facilit ' es, schools and gen al comriercial uses . Regulation of adult entertainr�ent land u es should be • � developed to preven deterioration and/ r degradation of the vitality of th community before the '�,problem exists or gets worse, rath r than in response lo an e};isting problem. � � � Commercial areas of he City patronized b young people and children should e free of adult en� �tainment land uses. . Adult entertainment la d uses should be regujated by zoning to separate it from other dissimilar use �� just as any otYier land use should e separated from uses ' ith chai,acter- istics different from i self. Residents of the City of Saint Paul , and p rsons who are non-residents but use the City for shopp 'ng and other commercial needs , wil move from the comm � nity o:^ shop elsewhere if adult e tertainment land use � are �illowed to locate in close roximity to resident 'jal and other cornrrercial uses , church s , parks , and other pu '�lic fac:lities � �and schools. � Location of adult en ertainment land uses ' in proximity to residential uses , churches , parks and ' other public facilities , and school and . commercial use � may lead to increased levels of cr minal activities , inc uding prosti- tution, rape , incest a d assaults in the vi inity of such adult entertainment lan uses . � Merchants in the commer ia1 area of the City 'are coiicerned about adverse impacts upon the character a d quality of the City in the event that adult entertaimm �t land uses ' are located within c ose proximity to re � idential and commercial uses , church s , parks and other pub ic facylities and schools. Locatio of adult entertainm 'nt land uses in close proximity to residential and co ercial uses , churches , parks , and o her public facilitiesland schools , . � 2. i . � will reduce retail tra e to commercial uses i the vicinity, thus reducing propert values and tax re ' enues to the City. Such adverse e fects on property val es will cause the loss of some co ercial establishment followed by a blighting effect u on the commercial di tricts within the City, leading to f rther deterioration of 'the commercial quality of the City. No evidence has been presented to show tha the location of adult entertainmen land uses within he City will improve the commercial iability of the commun ty. Experience in numerous other cities , includi g Saint Paul , Seattle, Tacoma and D troit have shown th location of � adult entertainment la d uses degrade the ality of the � area of the City in hich they are locate and cause a blighting effect upon t e City. A reasonable regulatio of the location of ad� lt entertain- ment land uses will provide for the prot ction of the image of the comrrunity and its property value , and protect the residents of the community from the a verse effects of such adult entert inment land uses , w lile providing to those who desire t 'patronize adult ente ,tainment land uses such an opFortunity in areas of the C�.ty which are appropriate for lccatio of adult entertainmentiland uses. The community will be an undesirable place to live and shop in if it is know on the basis of its �image as the � location of adult entert inment land uses . A stable atmosphere f r the rearing of fa ilies cannot:. be ac'hieved iri close proximity to adult jentertainment land uses . The initial location of adult entertainme t land uses will lead to the loca ion of additional and , similar uses within the same vicin ty, thus multiplying , the adverse impact of the initial location of adult 'entertainment , land uses upon the resid ntial and commercial u es , churches, parks and other publi facilities and scho ls, and the impact upon the image and quality of the character of the community. - � 3. ; . , � T E COUNCIL OF THE CITY OF AINT PAUL DOES ORDAIN: ' Section 1 . That the definitions or the terms Adult B okstore, Adult � C baret , Adult Conversatio /Rap Parlor, Adult assage Parlor, H alth Club, Adult Mini-M tion Picture Theatre Adult Motion P cture Theatre, Adult Saun and Adult Uses , cont �ned in section 6 . 201 of the Saint Paul Legislative Code , be ! and is hereby a ended to read as follows : Adult bookstore. A hop for the barter, ental or sale of items consistin f printed matter, pi jtures , slides, records , audio tape, videotape or motion ', picture � film, � � if such shop is not o en to the public gen ��ally but only to one or more classe- of the public exclu ing any minor by reason of age: , or if a substant:al r si nificant portion of such item are distin uished o characterized b an emphasis on the epiction or descri tio � of "specified - sexual activi�ties" or " pecified anatomical ar as . " Adult cabaret. An esta lishment which provide ge-ge-dar�ee�s; e�e��e-��.��,--s��p �s;--o-�--s�x�}�a�--e�r�t i��=� dancing or other live entert inment, if such est blishmPnt a�d wl��e� excludes minors b virtue of age.- , or f such dancin � or other live entertain ent is distin uished o '�_ characterized by an emphasis on the erformance , depic+�ion or description of "s ecified sexual ctivities" or "specif ed anatomical areas. " .Adult conversation/ra arlor. A conversation �ra arlor which excludes minors b reason of a e , or whi prar�ides the service of en agin in r listenin to convers ion, talk or � discussion, if such ser ice is distin uished o ' characterized b an em hasis on "specified sexual activities' Ior "s ecified anatomical areas . " Adult massa e arlor, ealth club. A mass e parlor or ' , health club which rest ,icts minors by reas of a e , or , which rovides the ser ice of "massa e" , i such service is distin uished or cha acterized b an empha is on "s eci- fied sexual activities" r "s ecified anatomica areas. " ' Adult mini-motion pict re theatre. An enc bsed building with a capacity for les than 50 persons used or presenting material c�f3�ed--t�-A4�r� ese�a- �-�'��2� -a��-'-'se�t�a��} ��eveea�}ve!'--a�--�it�- if such building as �I a prevailing , practice excludes minor by virtue of ageT ', or if such . 4. mater�al is distin is ed or characterized b 'an em hasis on the de iction or descr tion of "s ecified se al activities" or "s ecified anatomi al areas" for observa ion b atrons therein. Adult motion picture theatre. An enclose '� building with ' a capacity of 50 or mo e persons used for pres�nting material de€}�e�-�--M��- �a��es-�rla�-�-9�-a�-"se t��-p�e�aeea- ��ae'-'-�r�--wl��e�i if su h buildin as a prev iling practice excludes minors by vi tue of ag�, , or if' such material is distin uished or haracterized b an .e hasis on the depiction or descri t ' on of "s ecified sex 1 activities" � or "specified anatomic 1 areas" for observat' on b atrons therein. � ' Adult sauna. A sauna w ich excludes minors b '�reason of a e , or which rovides a s eam bath or heat bat in room used for the ur ose of ba hin , relaxation, or ducin , util- izing steam or hot air as a cleanin , relaxi or reducin ager.t .. if the service provided b the sauna i distin uished or ch�sracterized b an mphasis on "specified exual activi- ties" or "s ecified ana omical areas. " Adult uses. Ad��- -a-r�-��iese--�s�- ' �l.�d-i�g.._laa�� wk�}E1�--ar-e-�o-�--�}--� -�-g�a�13�-Qe�e�a�� +--��-�-1�--�e e�e--o�=-r�e�e-�-�.-��-e€-��-g�i3��-c--a��-�-x�-� ,'-�g��-r��e� b}--r�nr-o�-age;-�-- '��o�=-be��Q--�-��-�.o�-- �de�--#-,��-age e€-�i-g�-t��-�r�.. Adu t uses includ�,--��-� , -�e�-��r��ed �e ,- adult bookstores , dult motion picture t eatres , adult � mini-r�otion picture the tres , adult massage larlors, adult . sauna:� , adult rap/conve sation parlors, adult �ealth clubs , and adult cabarets , e --s�-r��--ac�;��-��. , and other - . rp emi;>'es , enterprises, b sinesses or laces ope to some or all me�mbers of the publi at or in which there s an em hasis on the performance , depiction or description f "s ecified sexuai activities" or "specified anatomical areas" which are capable of bein see b said members of th public. � • Section 2. • That the definition of Co versation/Rap Parlors c ntained in Sect on 60.203 of the Saint Pa 1 Legislative Code be a d is hereby amen ed to read as follows : 5. � . _ � s Conversationj/rap par ors. An x blis ent ��eer�eesl X by--6Hap�e�--��3--e�-- ke--6��y--A�el}xar�ee--a I� advertising, offering or selling t e service of engaging n or listening � to conversation, talk or discussion -a�--e�ap�e�ee � e€--��-es�ab�}sl�r�e��- -�-et�s�e�e�, regard ess of whether � other goods or service are also simultaneou ly advertised, offered or sold, and regardless of wheth r those other goods or services are a so required to be lic sed. The term "conversati n parior" shall not ' include bona � fide legal , medical , p ychiatric , psychologic l , or counsel- ing services by a pe son or firm appropri 'tely licensed; or bona fide educatio al institutions, or p nels, seminars or other similar ser ices offered by . suc �� institutions ; � � or churches or synagogu s . � ection 3. � That the definition of Massage Parlor, Saun ; Health Club . co tained in section 60. 213 of the Saint Paul Ligislative Code be and is hereby amended to ead as follows : Massage parlor, sauna health club. An ' establishment ` / � ' ' offering ��' "massage" de fined as the rubbin , strok' , kneadin , � ta in or rollin of he bo�� , for the ur oses of leasure , relaxation, h sical fitness , or eautification, v , offered for a ! fee or other �� valuable consideration -wfi�eH-�e�#�3��--�' -by�-�r��e e€--ac�e and including p ysi�al culture and he lth services , .physical culture and ealth club, reducing lub, reducing .� salon, and massage par or. This definition � shall- include • . any building, room, structure, place or ' establishment used by the public o her than a hospita ', sanatorium, rest home, nursing home, boarding home or oth r institution for the hospitalizatio or care of human ' beings , duly licensed under the provi ions of Minnesota Sta tes, Sections 144. 50 through 144. 703 inclusive, where n �-medical and � . non-surgical manipulatio exercises or massageslare practiced , upon the human body for fee or other valuableiconsideration � by anyone not duly 1 censed by the State ' of Minnesota to practice medicine, surgery, osteopathy, �' chiropractic , � . 6. physical therapy� or podiatry, with or w thout the use of inechanical , thera eutic , or bathing d vices� or any room or rooms from whi h a masseur or masseu e is dispatched by telephone or oth rwise for the purpos' of giving a massage. �iEl�ed- -r�e-��e�ag�-€o�-a-# �t�,a�-�--l�e-g#vex exee�s�-�r�-a-�}eeASed-p era}seT ection 4. That section 60.219 f the Saint Paul L gislativ� Code b and is hereby amended so s to add the followin Ithereto: � Sauna. An establishm nt rovidin a stea ' bath or heat bathin room used for the ur ose of bath n , relaxation � or reducin , utilizin steam or hot air s a cleanin , � relaxin or reducin a nt. S ecified anatomical reas. Anatomical a ' as con�istin of : 1 ) Less than com etel and o a uel � overed: (a) human enitals, b) ubic re ion, (c) b ttock, and (d) female breast be ow a point immediatel above the top of the areola ; a d' 2) Human male enit ls in a discernibly tu id stai:e , even if com letel an opa uel covered. Specified sexual activi ies. Activities consi tin of : 1 ) Human enitals in a state of sexual sti lation or � arousal ; , 2) Acts of human mas urbation, sexual inte ourse or sodomy; 3) Fondlin or other erotic touchin of h In enitals, ublic re ion, bu tock or female breast; , 4) Situations involv n a erson or ersons any of whom are nude , clad in under arments or in se uall reveal- in costumes, and who are en a ed in act vities in- . volvin the fla e lation, torture, fette in , b�ndin or other h sical restraint of an such ersons. . �i . 7 . � - - � �� Section 5. That Section 60. 543 , c auses 10, 11 and 12, o , the Saint Paul � L gislative Code , is hereby amended to read as foliows : (10) Adult t�ses conver ation/ra arlors subj �t to the following conditi ns : (a) The �ses adult conversation/ra arlo shall be located at lea t 1320 radial feet fro any other adult use meas red in a straight linejfrom the closest points of the buildings in wh ch the adult uses are locat d. . � � � (b) The adult �se. onversation/rap arlor ' shall be located at least 200 radial feet rom any resi- dentially zon d property measured iin a straight l.ine from th closest point of t le building in which the ad lt t�se conversation/ ap arlor is located i:o th closest residentially zoned property 1 ine ; ��_� �-�i�-x�a}-�-�i-�d- -��e-��a��}xig eer�r��ss�e�--�-� -�,�e--pe�se�--�p�-l�ri�- e�-��--wa�ve� s1�a��--#'__�e-- rt-�---��e--�-1-a��-i�- i-�-�tTr��o-r---a ee�se��---�tr i-o�--�-i�---��d�ea�es --a��r�-1---e� � �be-p�egese�-a t��-t�se-by-98-pe�ee��- �-��ie-p�e�ae��} � ew�e�s--w=_�-�-i�- �44-�a��a�-�'�-o�-�l� I-�ot-c�r�-w�}E� ��e-�z�e---�k� �e--�oe�,e�;-t-�-g�a�r��g-ee��ss�e�; }�--eo�s��e�� --�e-�--�--��r-,---s ��--�al�e--�l�e �e��ew��e--�� r�gs=--�l�a�--�Y�e--g�eg �e�--�se--w}�� . �ie�-�ie-�� -�o-t�-g�b�}�-��e�e t�-e�-}��}eus �e--�ea��--�� ge��}es;--a�d--�}�a�--� --sp��}�--a��i � � }��e��--s€--� -��-�-i1-1---be-- ��ed•,--��ia� � �ke--p�e�ese�-- s�e-�rr��--��--e�rl� �o�--e�ee��age �l�e--c�e�e�opr�e� --o-€-�-"-s-k3�-�ew'-'- ;---�,�a�-�ke es�ab��sl�x�e��- €--a�-��.�-io��-7--�se-' �--t�-i-�-��pe �r�-�-a�-w' ��-��-be- -�' --a��-p�eg�a�x e�---�e�sl�be�l�e �---ee�se��a�}e�---e�- -�r��ever�e��; ' . � e��ke�--�es��er� }a�-•-e�--�e�-�es}�e�� ;--a�d-��l�a� a��--�3�-i-�afi� ---��-l�,io��--e�-- i-s---e��a�ee . . . w}��-be-�bse�ve . , (c ) The t�se adult c nversation/ra arlor hall not be located v�ithin building also used fo residential purposes. 8 . (d) There shall be no access from the bui ding in which the �se adult onversation/ra arlor is located to the alley or t residentially zoned p 'operty. (e) Conditions (b) - (d) ma be waived b the lannin commission if he erson a 1 in for the waiver shall file wit the lannin administ ator a consent etition which indicates a roval the ro osed adult cnversa ion ra arlor b 0 ercent of the ro ert owners within 200 dial feet of the lot on wh ch the adult conversa ion/ra arlor would be loc ted; the lannin • ommission in . con erin su h a waiver, shall mak the followin � fin i s: that the ro osed use will ot be contrar . to e ubli interest or in 'uri us to nearb . ro erties, a d that the s irit nd intent of the ordinance will be observed; tha the ro osed use will not nlar e or encoura e he develo ment of a "skid r w" area; that the e ablishment of an additional se of this t e in the area will not be contra to an ro ram o nei hborhood conservation r im rovement, eith r residential or non-residen ial ; and that all a licable re - lations of this ordinance will be obse ved. � (ef) All signs shall comply with Chapter 66jof the Zoning Code and with C apters 274 and 275 of he Saint Paul Legislative Cod . (a) The use shall b licensed as a convers 'tion/ra arlor � under a licabl rovisions of the Sai t Paul Le isla- • tive Code. (11 ) Adult massa e arlo s or health clubs, su 'ect to the same conditions a those listed above �in 60. 543(10) for adult conversat'on ra arlors. (12) Adult saunas sub 'e t to the same condit ons as those listed above in 6 .543 10 for adult co versation ra � parlors. ' . , ( � i3) Auto repair, subjec to the following cond tions: . !�hcnr'� �a��Q� . � ��a��a�� . g� � �- � e a v e ° � a lo w o e t nt e w or ' t ed a es o e t s nanc a e co s u d a u o u t w ' c s ro b ted e at es or ord na ces ncludi b t t d o t tes o d nances o ib n e o i bu ' ' on of bscene mate a e era o the h b ion sale r distribution of s ec ed ater a to mino s i � , �� (a) The minimum 1 t area shall be fiftee thousand - - (15,000) squa e feet.- ' (b) A ten-foot la dscaped buffer with sc een planting � and an obscur ng fence shall be requ red along any � property line adjacent to an existin residence or � adjacent to l nd zoned residential . (c ) All repair wo k shall be done within 'an enclosed building. (d) There shall b no outside storage. (�� 14) Accessory build�in s , structures, and usel as defi�ed in • • Section 60.201 . . ection 6. That section 60. 554 , c ause 2 of the Saint P ul Legislative C de is am�nded to read as ollows, and section 6 ��. 554 is further a nded so as to add the fol owing new clauses 3 a 4 thereto: ( 2) Adult �ses conversa ion/ra arlors subjec to the following condition : � (a) The xse adult c nversation/ra arlor hall be �located at leas 300 radial feet from ny other adult use measured in a straight line from t e closest points of the b ildings in which the a ult uses are located. . � (b) The t�se adult c nversation/ra � arlor hall be located • at least 100 radial feet from any resi ntial use ' measured in a st aight line from the c bsest point of the building in hich the �se adult co ersation/ra arlor is locate to the buildi�hg in w 'ch the resi- dential use is 1 cated'. ' , tc) The �se adult co versation/ra arlor s all not be located within a building also used for residential ' � � purposes. , ' i . 10. . (d) All signs shall omply with Chapter 66 f the 2oning Code and with Ch pters 274 and 275 of t e Saint Paul Legislative Code (e) The adult conversa ion/ra arlor shall be licensed as a conversation/ a arlor under a icable ro- visions of the Saint Paul Le islative Code. , ( 3) Adult massa e arlo s or health clubs su ect to the same conditions as those listed above i 60.554 2 for adult conversati n/ra arlors. . . - . (�) Adult saunas sub 'ec to the same conditi ns as those listed above in 60. 54 2 for adult con ersation ra � parlors. Se tion 7. That section 60. 563, clau e 2 of the Saint Paul �egislative Code is amended to read as fol ows , and section 60. 56 is further amen ed so as to add the follo ing new clauses 3 and ; thereto: (2) Adult �ses conversati n/ra arlors subject o the follow- ing conditions: ' (a) The �se adult con ersation/ra arlor sh 'l1 be located at least 300 radial feet from any other ult use measured in a straight line from the clo �st points of the buildings i which the adult uses �re located. (b) The �se adult conv rsation/ra arlor sh �1 be located at least 100 radia f�et from any reside �ial use . � measured in a stra'ght line from the clo �st point of the building in wh'ch the �se adult conv sation/ra ap rlor is located o the building in whi the resi- dential use is loc ted. (c) The �se adult conv rsation/ra arlor sh 1 not be . located within a b ilding also used for r sidential • purposes. - . ��sr"-;c�� a�� . � � �� q�� (d) All signs sha 1 comply with Chapter 6 of the Zoning - - Code and with Chapters 274 and 275 o the Saint Paul Legislative C de. � (e) The adult con ersation/ra arlor sh ll be licensed • as a conversa ion/ra arlor under a licable ro- visions of th Saint Paul Le islativ Code. ( 3) Adult massa e arl rs or health clubs sub ect to the same conditions as thos listed above in 60. 55 2 for adult � conversation ra rlors. (4) Adult saunas sub 'e t to the same conditio as those listed above in �60.554 (2 for adult .conv sation ra • � parlors. • ection 8. � That section 60.612 f the Saint Paul L islative Code is hereby amended so as to a d the following new cl uses thereto. t24 ) Adult �bookstores sub 'ect to � the follow conditions: (a) The adult b okstore shall be loc ted at least 1320 radial f et from an adult use easured in a � strai ht line from the closest oint of the build- � in s in which the adult uses are loc ted. (b) The adult book tore shall be located least 1320 radia]. feet fr an residentiall zo d ro ert in . an munici� alit , measured in a strai t line from .� the closest ro ert line of the ro t on which an adult bookst re is located to the c osest resi- � dentiall zoned ro ert line. (c) The adult books ore shall be located a least 1320 radial feet fro an " rotected use" , efined as: a buildin used e tirely for residential ur oses a � . � da care center where such da care ce ter is a . rinci al use, house of worshi , a blic librar , � a school ( ubli , arochial or rivate !elementary, 'unior hi h or i h school , a ublic ark, a ublic � la round, a blic recreation center or a ublic s ecialized rec eation facilit . The istance shall be measured in strai ht line from th closest ro- - ert line of t e ro ert on which an dult book- store is located to the closest ro er line o the . ro ert on whic is located an aforem tioned ro- tected use. a �; SSioh �, a w.u...� t�¢s��eN��a� �AC�'(�� . . 12. ' , v a 1 r �'' t w e t e c n e d ut o w 0 o e b t e st tute o e c u t o ted o tes or o d b a o r bu b cene i a o he e h b t on sale bution o ie a e s o m o s i . . �� _ �� (d) The adult bo store shall be locate at least 50 radial feet f om an retail or serv e business dealin direc 1 with consumers me ured in a strai ht line from the closest ro t line o the ro ert on w ich the adult booksto is located to the closest o ert line of the r ert on which is located a etail or service busi ss dealin directl with consumers. (e) Conditior,s (b - (d) ma be waived the Plannin commission if the erson a 1 in . fo the waiver shall file wi h the lannin adminis rator a consent � etition whic indicates a roval of � the ro osed adult booksto e b 90 ercent of the � ro ert owners � within 1320 r dial feet of the lot o which the use � ' would be loca ed; the lannin commi sion, in con- siderin such a waiver, shall make t e followin findin s: tha the ro osed use will not be contrar to the ublic interest or in 'urious o nearb ro- erties, and at the s irit and int nt of the ordi- nance will be bserved; that the ro osed use will not enlar e or encoura e the develo ent of a "skid- row" are�; tha the establishment of n additional use of this t e' in the area will no be contrar - to an r•o ram of nei hborhood conse ation or im- rovement, eit er residential or non esidential ; and that all a licable re ulatic+ns this ordi- nance will be bserved. • (f) All si �. shal com 1 with Cha ter 6 of the Zonin , Code and with ha ters 274 and 275 of� the Saint Paul Le islative Co e. , (25) Adult cabaret.s sub ect to the same condit ons listed above in 60.E•12 (2 ) for adult bookstores � (26) Adult mini-motion icture theatres sub 'ec to the same conditions a� thos listed above in 60.61 (24) for adult . bookstores. . • (27) Adult motion ictur theatres sub 'ect to e same con- conditions as those listed above in 60.61 (24) for . adult bookstores. . - <�s.a.r� '� �� 13. A��Q��u"" . . . �F _ �, � . � conduc n e u w o ed a ws e 0 0 � or erm d e e the sta utes b t o i ed to ta ute d e e hib on le o d t a ne e e h b t o a e bu s ec ed te to minors . - - __ . _ - --- --- -------- - --- -- - - - -- - --------�-- MMIT[� � CI Y CLiJ�R ►INK _ F, M« � C uncil C�w,►wr _ oE .q,�ENT C I TY F SA I NT �A U L •��[ _M• ow F ! N�• O �LZ�i �n�i e inance N 0. Presented Re erred To - Committee: D ke Qu of Committee By D e (28) Adult uses other han adult bookstores, Idult cabarets, adult conversati /ra arlors , adult m ssa e arlors, adult health club , adult mini-motion i ture theatres, adult motion ' cture theatres and dult saunas, sub 'ect to the s me conditions as thos listed above in 60.612 (24) fo adult bookstores. ection 9. This ordinance shall ta e effect and be in for �e thirty days fr m and after its passage, pproval and publicatio . 14. COUNCI MFN Requested by Department of'. Yeas Nays o►.w N��o�. in Favor RKtnia S`""�'� Against By Sonn�n T�d�seo Wilson � Adopted by Cou cil: Date Form Approved by City Atto �ey Certified Passed by Council Secretary BY ey Approved by May r: Date Approved by Mayor for Submi sion to Council � By By c�.� .• si� w��.�Mr (jITY F ,AINT YwvL ', �Q�;��p�� t �n�• w - 0 dinance �� — � by PtA�..;� — P�seae.a ' ' ! ��t►i`•. �� — Ref ned To Committee: �t27��a _ Oat ! Committee 8y ate An Ordinarice am nding Section 412.02 f the Saint Paul egislative Code perta ing to Massage Parl rs. TH COUNCIL OF THE CITY OF AINT PAUL DOES ORDAIN � Section l. That the definition fo the term '•massage" a� icontained in . Se tion 412.02 of the Saint Paul Legislative Code �e and is hereby ain nded so as to read as fo lows: � • Massage means the ru bing, stroking, knead �g, tapping or rolling of the body w��k-�ke-l�aAds for th I -:-r__-,'-_��-��— x purposes of leasure, elaxation, physical f ltness or � � beautification, ; t �e term "masseur�� means a male person, and the term •� asseuse�� __ a female person, who p actices massage. The ractice of massage shall not i clude and is distinct �rom the practice of inedicine , urgery, osteopathy, c �fropractic� physical therapy and p diatry. Persons duly icensed . or registered to practice medicine, surgery� steopa- thy, chiropractic, physical therapy or podiat , and nurses who work under t e direction af such p rsons, are hereby expressly ex luded from the requir ments of this chapter. Beauty c lturists, barbers and'Ico'sme- . tologists who do not gi e� or hold themselves '� out to give, massages other th n are customarily giv n in � such shops or places of business for the p ses of � _ beauti•fication �only, an persons who qive� mas ages � only incidentally to th ir general occupatlon and receive no compensation specifically for givi g massages, shall also be excluded from the pro isions of this chapter. COUNC Ll�F,N � Yeas Nays Requested by Depart�nen'�of: Onw N�eew In Favo �, Against BY T NIiMn • Adoptsd by cil: Date Fonn Appcoved by City �tomey Certified Passe by Council Secretary 8Y 6Y Approved by Ma or: Date Approvcd by Mayor fa S mission to Couaeil . By ey ,., �Nt�1� - C� t' C l[A K r • i ►INK �. e�NANCE C�.'IA/�r � OE AI�TMtNT C VnCli •�uc _ M. o� - CITY F SAINT PAUL F e NO. � 0 dinance o »��No. Prcsented y Re erred To Commi ttee: D �te Ou of Committee By_ - D te ection 2. This ordinance shall ta e effect and be in for e thirty days f om and after its passage , pproval and publicatio . i i , � 2. • COUN ILMFN • ' Yeas Nays Requested by Department . Drwv N�� In Favo � Rrtt n � 8`"•'b � A a�nst BY soma g T�d ' • Wilwn � Adopted by Co ncil: Date Form Approved by City Att rney Certi(ied Pass d by Council Secretary BY ey Approved by M or: Date � Approved by Mayor for Sub ission to Council sy � BY � ,� , ��,°�J/�� I CITY OF AINT PAUL ' iasi Ili�n OFFICE OF T E CITY COUNCIL I i I KIKI SON EN Councilme r MOLLY O�RO RKE I.egislative de MEM RANDUM DAT : January 28, 1988 I I T0: City Councilmembers � FRO : Kiki Sonnen I RE: Sonnen's Proposed Changes to the Ordinance Amending Chap r 60 of the St. Paul Legislative Code Pe taining to Zoning Regulatio for Adult Use Establishments I As any of you know, I am strongly pposed to the ordinance int duced by Bill Wi son. Listed below are several p opased changes that I belie are necessary in the ordinance to lessen the detr mental impact on the surrou ding ne"ghborhoods. � , * Change 4�1, see page 6 of the ord nance, Council File ��88-91, Section 60.204. THE CURRENT CODE: Does not cont in a definition for game ro . I THE PLANNING COMMISSION RECOI�Il�IE S: Has no recommendation. I MY RECOMMENDATION IS: Add the efinition: "Game Room - An e tablishment or premises in which four (4) or m re coin operated mechanical musement devices as defined in Section 31$.Ol of the St. Paul Legislative Co , except coin operated billiard and pool tabl s, are kePt. or maintained f use of the up blic." — — — — — THE REASON FOR MY RECON�ENDATIO IS: The proposed ordinanc allows for a number of protected uses from a ult uses. The intent of th protected uses is primarily to protect residen ial areas, the elderly and firmed and minors from the effects of adul establishments. Since gam rooms are primarily frequented by minors, I felt it appropriate that e add that to the protected use. Since the zonin code does not contain a cu rent definition for game rooms, I believe we ne ded to add one to the ordin nce. The proposed definition is based on the definition of the game oom in the licensing section of the St. Pa 1 Legislative Code. . I CITY ALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 5 02 512/298-5378 f.��46 � - t I I - I Prop sed Changes to Zoning Regulatio s for Adult Use Establishme s Janu ry 28, 1988 Page Two * ange ��2, see page 7, Section 60 216. HE CURRENT CODE: Does not have definition for a park. HE PLANNING COMMISSION: Has no ecommendation. i RECONQZENDATION IS: Add the de inition: "Park - Shall mea and include 11 the up blic grounds and s uare maintained as pleasure ro nds and esi nated recreation areas � t e City of St. Paul." HE REASON FOR MY RECOMMENDATION IS: The proposed ordinance ists parks as a rotected use. However, neither the current zoning code or t e planning ommission proposal provides a d finition for parks. The def nition for a ark is based on language pertai ing to parks and recreation acilities in ther sections of the Legislativ Code. � * hange ��3, see page 7, Section 6 .216. THE CURRENT CODE: Does have a d finition for patron area in the licensing section of the Legislative Code ut not in the zoning code. THE PLANNING COMMISSION: Has no recommendation. MY RECOMMENDATION IS: Add the d finition: "Patron area sha 1 include all areas used � the public, and e ludes ali areas used exclus vel � employees for work, storage or ffice sPace•" THE REASON FOR MY RECOMMENDATIO IS: A definition of patro area is needed in the zoning code as I propose further into these amendment a parking requirement based on patron are . * Change .�4, see page 7, Section 0.216. THE CURRENT CODE: Does not hav a definition for a public vernment building(s) . THE PLANNING COMMISSION: Has n recommendation. MY RECOMMENDATION IS: Add the efinition: "Public overmm �t building - a building owned � a overnmenta unit and where citizens �o to receive service(s) ." THE REASON FOR MY RECOMMENDATI N IS: The proposed ordinanc allows for a number of protected uses. The intent of the protected uses is primarily to protect residential areas, min rs and the infirmed or elde y. Since public government buildings, which pr vide service, are frequente by minors and the elderly, I felt it appropriate that we add that to the cat ory of protected uses. The current zoning code does not have a definitian r a public government building so I am in erting one into the zoning de. Prop sed Changes to Zoning Regulation for Adult Use Establishmen s Janu ry 28, 1988 I Page Three I * C ange ��5, see page 7, Section 60.219. � T E CURRENT CODE: Does not have definition for specialized ecreation f cility. E PLANNING COMMISSION RECOI�Il�IEND : That a specialized recre ion facility e a protected use. However, the ordinance does not define w t a pecialized recreation facility i nor does the current zonin code. RECOMMENDATION IS: Add the de inition: "Specialized Recr ation Facility a up blic or private establishme t providing recreation or easure ctivities, which encourage the i volvement of minors." — — � i HE REASON FOR MY RECOMMENDATION S: The Planning Commissionlrecommends that specialized recreation facilit be a protected use from an dult stablishment. However, the Pla ing Commission did not incl de a definition f what a specialized recreation facility is in their proposa . This efinition is based on a list of specialized recreation facil ties in the St. aul Comprehensive Plan. * hange ��6, see page 8 of the ord nance, Section 60.543, clau 10. E CURRENT CODE READS: "(10) A ult uses subject to the fol wing onditions: (a) The uses shall be located a least 1320 radial feet fro any other adult use measured in a straight ine from the closest points of the building in which the adult uses are located. (b) The adult use shall be loca ed at least 200 radial feet from any residentially zoned propert measured in a straight lin from the closest point of the buildi g in which the adult use is located to the closest residentially zone property line;. . ." THE PLANNING COMMISSION RECOrIl�IE S: "(10) Adult t�ges conver ation/ra parlors subject to the followin conditions: (a) The nses adult conversatio /ra ap rlor shall be locate at least 1320 radial feet from any other adult use measured in a str ght line from the closest point of the b ilding in which the adult u s are located. (b) The adult c�9e conversation ra ap rlor shall be located t least 200 radial feet from any resid ntially zoned property meas ed in a straight line from the closest poin of the building in which t e adult �se conversation/rap ap rlor is located to the closest resi entially zoned property line; . . ." � I I I . , i Prop sed Changes to Zoning Regulation for Adult Use Establishmen s Janu ry 28, 1988 Page Four RECOMMENDATION IS: "(10) Adul c�9e9 conversation/rap arlo s subject to t e following conditions: ( ) The tc9es adult conversation/ a parlors shall be located t least 1320 radial feet from any other a ult use measured in a strai t line from the closest points of the r ert lines of the building in which the adult uses are located. � ) The adult t�9es conversation/ a ap rlor shall be located t least 200 radial feet from any residen ially zoned property measur d in a straight line from the closest point f the building in a straigh line from the closest point of the ro ert line of the building in wh ch the adult t�se conversation/� ap r or s�ated to the closest re identially zoned property line; . . ." IiE REASON FOR MY RECOrIl�IENDATION IS: In most instances, the oning code easures from property lines, no the points of the building. In an effort o be consistent, I have changed all the language regarding asurements to e from the closest points of th property line in question. * hange ��7, see page 10, Section 0.554, clause 2. HE CURRENT CODE READS: "(2) Ad lt uses subject to the foll �taing conditions: I (a) The use shall be located at least 300 radial feet from y other adult use measured in a straight ine from the closest points of the buildings in which the adult uses are located. � (b) The use shall be located at least 100 radial feet from ny residential use measured in a straight ine from the closest point f the building in which the use is locate to the building in which th residential use is located." THE PLANNING COMMISSION RECOMME DATION IS: "(2) Adult nse9 onversation/ra parlors subject to the followin conditions: (a) The ase adult conversation ra ap rlor shall be located t least 300 radial feet from any other adult use measured in a str ght line from the closest points of the uildings in which the adult ses are located. (b) The ese adult conversation ra ap rlor shall be located t least 100 radial feet from any resid ntial use measured in a str ight line from the closest point of the b ilding in which the t�se adu t conversation/rap ap rlor is located to the building in hich the residential use is located." MY RECOMMENDATION IS: "(2) Ad lt c�9es conversation/rap ar ors subject to the following conditions: I ' i �'�-�i Prop sed Changes to Zoning Regulation for Adult Use Establishmen s Janu ry 28, 1988 Page Five ( ) The �se adult conversation/r ap rlor shall be located at least 300 radial feet from any other a ult use measured in a straig t line from the closest points of the r ert lines of the buildings in which the � — adult uses are located. ( ) The �se adult conversation/r ap rlor shall be located a least 100 radial feet from any residen ial use measured in a strai t line from the closest point of the ro ert line of the building i which the t�se adult conversation�ap arlo is lo�cated to the ro ert ine of the building in which the reside tial use is located. � � HE REASON FOR MY RECOMMENDATION S: See response to change 6. This is to ake measurements consistent. * hange 4�8, see page 11 of the ord nance, Section 60.563, clau e 2. E CURRENT CODE READS: "(2) Adu t uses subject to the follo ing conditions: a) The use shall be located at least 300 radial feet from a y other adult use measured in a straight ine from the closest points f the buildings in which the adult uses are located. b) The use shall be located at least 100 radial feet from y residential use measured in a straight ine from the closest point the building in which the use is located to the building in `whieh th residential use is located." HE PLANNING COMMISSION RECOMME S: "(2) Adult ases convers ion/ra parlors subject to the following conditi ns: (a) The c�9e adult conversation/ a ap rlor shall be located t least 300 radial feet from any other dult use measured in a stra ght line from the closest points of the b ildings in which the adult ses are located. (b) The a9e adult conversation/ a ap rlor shall be located t least 100 radial feet from any reside tial use measured in a stra ght line from the closest point of the b 'lding in which the nse adul conversation/rap ap rlor is located to the building in w ich the residential use is located." MY RECOMMENDATION IS: "(2) Adu t r�9e conversation/rap arlo s subject to the following conditions: (a) The �ae adult conversation ra ap rlor shall be located t least 300 radial feet from any other adult use measured in a str ght line from the closest points of the ro ert lines of the buildi s in which the � � adult uses are located. I I Prop sed Changes to Zoning Regulation for Adult Use Establishmen s Janu ry 28, 1988 Page Six ( ) The ase adult conversation/r ap rlor shall be located a least 100 radial feet from any residen ial use measured in a strai t line from the closest point of the ro ert line of the building i which the �se adult conversation/rap ar o is locate�to the ro ert ine f, the building in which the reside tial use is located. HE REASON FOR MY RECOMMENDATION S: See response to change 6 above. This s to make measurements consisten . * hange ��9, see page 12 of the ord"nance, Section 60.612, clau e 24. I HE CURRENT CODE: Does not have a clause 24. ' HE PLANNING COMMISSION RECOMME S: "(24) Adult bookstores b'ect to the ollowin conditions: (a) The adult bookstore shall b located at least 1320 radi feet from � adult use measured in a str i ht line from the closest ints of the buildings in which the adul uses are located. (b) The adult bookstore shall b located at least 1320 radi 1 feet from � residentially zoned ro ert in an municipality, measu ed in a straight line from the closest ro e t line of the property on hich an adult bookstore is located to the closest residentially zoned property line. (c) The adult bookstore shall e located at least 1320 radi 1 feet from a� "protected use", defined a : a building used entirely or residential purposes, a � care cente where such � care center s a principal use, a house of worship, a up blic library, a school ( lic, parochial or private elementary, 'un or high or high school), a blic ap rk, a up blic playground, a ubli recreation center or a ub c s�ecialized recreation. facility. The istance shall be measured i a straight line from the closest property ine of the property on whic an adult bookstore is located to th closest property line of t e property on which is located an aforem ntioned protected use. (d) The adult bookstore shall e located at least 50 radia feet from � retail or service business dealin directly with consu ers, measured in a straight line from the losest property line of the ro ert on which the adult bookstore is lo ated to the closest ro ert line of the property on which is loca ed a retail or service busi ss dealin directly with consumers. (e) Conditions (b) - (d) � e waived � the Planning Co ission if the ep rson �plying for the w iver shall file with the 1 nin administrator a consent tition which indicates a r al of the ' proposed adult bookstore 90 percent of the ro ert owners within 1320 radial feet of the 1 t on which the use would be located; the planning commission, in c nsiderin such a waiver, sh 11 make the following findings: that the proposed use will not b contrary to the , ; ��-�� . . I Prop sed Changes to Zoning Regulation for Adult Use Establishmen s Janu ry 28, 1988 Page Seven up blic interest or injurious to nearb properties, and th t the spirit and intent of the ordinance ill be observed; that the r osed use will not enlarge or encourage tfie develo ment of a "skidrow" a ea; that the establishment of an addition 1 use of this type in the ar a will not be contrary to � program of n i hborhood conservation or ' rovement, either residential or non-re idential; and that all a 1 able regulations of this ordinanc will be observed. ( ) Al1 signs shall comPly with ha ter 66 of the Zonin Cod and with Chapters 274 and 275 of the aint Paul Legislative Code. ( 5) Adult cabarets subject to th same conditions listed abo in 60.612 (24) for adult bookstores. 26) Adult mini-motion picture th atr.es subject to the same c ditions as those listed above in 60.612 (24) for adult bookstores. 27) Adult motion picture theatre subject to the same condit ons as those listed above in 60.612 (24) or adult bookstores. 28) Adult uses other than adult ookstores, adult cabarets, dult conversation/rap parlors, ad lt massa e parlors, adult h alth clubs, adult mini-motion picture t eatres, adult motion picture theatres and adult saunas, subject to th same conditions as those li ted above in 60.612 (24) for adult books ores." RECOMMENDATION IS: "That Sec ion b8:6�� 60.614, clause 1 of the Saint aul Legislative Code is hereby mended so as to add the fol wing new lauses thereto. �4} 10 Adult bookstores subject to the following conditions: (a) The adult bookstore shall b located at least 1320 radi feet from � adult use measured in a str i ht line from the closest ints of the property line of the buildi s in which the aduTt uses e locate� (b) The adult bookstore shall b located at least 1320 radi 1 feet from � residentially zoned ro ert in � municipality, measu ed in a straight line from the closest ro e t line of the property on hich an adult bookstore is located to the closest residentially zoned ro ert line. (c) The adult bookstore shall b located at least 1320 radi 1 feet from � "protected use", defined as: a building used ea��e�y or residential purposes, a � care center where such � care center s a principal use, a house of worship, a ublic library, a school ( u lic, parochial or private elementary, 'un'or high or high school), a blic aP rk' a up blic playground, a ubli recreation center or a pt�� e specialized recreation facility, game oom, up blic government build n , communit residential facility or mi sion.�distance sFia e measure n a � � �� 1 � , . . Prop sed Changes to Zoning Regulation for Adult Use Establishmen �S Janu ry 28, 1988 Page Eight � straight line from the closes property line of the ro e t on which an adult bookstore is located to the closest property line o the property on which is located an aforem ntioned protected use. ( ) The adult bookstore shall be ocated at least SO radial f et from � retail or service business de lin directly with consumer , measured in a straight line from the clos st property line of the ro ert on which the adult bookstore is locat d to the closest property li e of the property on which is located a retail or service business dealin directly with consumers. � O Conditions (b) - (d) � be aived � the planning commis ion if the ep rson applying for the waiv r shall file with the lann administrator a consent eti ion which indicates a rova of the proposed adult bookstore � 0 percent of the property o ers within 1320 radial feet of the lot n which the use would be lo ted; the planning commission, in cons derin such a waiver, shall ake the following findings: that th proposed use will not be c trar to the up blic interest or injurious to nearby properties, and t t the spirit and intent of the ordinance ill be observed; that the osed use will not enlarge or encourage the development of a "skidrow" ea; that the establishment of an addition l use of this type in the a a will not be contrary to � program of n i hborhood conservation or rovement, either residential or non-re idential; and that all a 1 cable regulations of this ordinanc will be observed. €} 11�� s#ga9 9�CS�� eeffi��* �� ep�e� 66 e� ��e �e��ag 6e� e�� ca�� 6i�sp�e�s ��4 a�t� ��3 e€ ��e e�n� �et�� eg�s�s�}�e 6e�e.- � f) All signs shall be flat wall s� the amount of allowa le sign area s�Tial�e one s uare�oot o i n area er�oot o� ot r nta e on a �� .� � � �— street; no merchandise or 'cture� t e p�ucts or en erta nment on ti�prem ses s a e d s e in �n ow are�as o�r � a ea w ere they can e viewed�om tTie si e a n r�ont o t e �uil3in wi�areas s"�—ialrnot �e covere�or ma o a ue�n a�wa ; no si n s i�be �din � w—i-n3ow;a one s uare foot� �ma �e ac d on the door �ate hours o� operat o a�aa'mittance to adu�s on ) The adult bookstore shall ovide off-street parking at he rate of one � � � � s��ac�o`r eac orty� s uare eet of ap tron ar (h) The establishment and o era ion of the adult bookstore all not result n� con ition inconsiste t witTi t�ie e�Ta t'h, s—�ty, ra s and en� eral we are o t e a o nin communi't.The anni ommission ma impose suc reasonable con tions anc imitations in r tin a s e�rC13� co�tion use ep rmit as are eterm ed necessary to fu the s� �. — an purpose f tTo� c �e.— I I . � I . , ' Prop sed Changes to Zoning Regulation for Adult Use Establishmen s Janu ry 28, 1988 I Page ine � { §} (11) Adult cabarets subject o the same conditions liste above in 60.614 (10) for adult booksto es. { b} (12) Adult mini-motion ictu e theatres subject to the s me conditions as those listed above in 60.614 (10) • for adult bookstores 4 �} (13) Adult motion picture t eatres subject to the same c nditions as those listed above in 60.614 (10) for adult bookstores. ( 8) Adult uses other than adult ookstores, adult cabarets, ult c nversation/ra parlors, adult m ssa e parlors, adult health lubs, adult m ni-motion picture theatres, adu t 'motion picture theatres a adult saunas, s b'ect to the same conditions as those listed above in 60.61 (10) for adult b okstores. � E REASON FOR MY RECO�NDATION S: I do not believe that a llt bookstores, barets, mini-motion pictures, e c. , should be a permitted u e in an ' dustrial district. This change allows them to be a special condition use ermit. The special condition us permit will allow notifica ion to the ediate property owners, an opp rtunity for the public to h ve input, and n opportunity for the City to en ure that all conditions are met. anguage regarding the form of ine surement has changed to be onsistent with he zoning code. have also recommended several anges in the protected uses As I nderstand it, the Planning Comm'ssion's main intent was to p otect esidential areas, elderly and t e infirmed and minors. Game rooms redominately provide service to attract minors as I previous y defined it. also recommend we include gove nment buildings that provid service to the public. gain, these services often focu on the elderly, handicappe and minors. ommunity residential facilities and missions were added bec se they are � redominately a residential use. 've also proposed different res rictions an the type of sig �S as they can ave a particularly negative eff ct on the surrounding neigh �rhoods. I have ased my proposed sign changes o ordinances from Minneapoli and other ities around the country. I've also proposed adding parkin requirements based on the urrent requirements we have for intoxic ting liquor establishments. Many of the reports or studies I have review d regarding adult entertain ent include intoxicating liquor establishmen s in their definition of ad lt entertainment. In fact, a 1978 tudy done by the St. Paul P anning Department sites intoxicating 1' uor establishments as an ad lt use. Therefore, I felt it was approp iate that we have the same p rking provisions for adult use entertainment as e do for intoxicating liquor establishments. . . `��tr p� p �� /�� • • CI Y OF SAtNT PAUL a �_��ro ; DEPARTME T OF PLANNING AND ECON MIC DEVELOPMENT � o DIVISION OF PLANNING • 25 West Fourth�itreet,Saint Pwl.Mfnnesota 55102 ,•s• 612-22&3270 GEORGE UTI ER MAYOR 1�M0 IIl�i T0: Members of the City Coun il FROM Mark Vander Schaaf �.�y� City Planner DATE. January 28, 1988 SUBJ CT: Revisions of the Propose Adult Entertainment Ordinance Int oduction Pla ning Division staff has recomme ded to Councilmember Wilson jseveral minor rev sions of the proposed adult ent rtainment ordinances. Thes rec mmendations are based on a care ul re-reading of the propos d ordinance and on discussions with citizens, c uncilmembers, and their sta f. The pro osed revisions are intended to larify the intent of the P1 nning Co ission's original recommendatio , or to correct typographic l errors in the proposed ordinance. The recomm nded revisions are attachedjfor reference pu oses. Dis ussion of Notable Revisions i 1. Definition of °Massage" (Ordina ce Amending Section 412.02, i p. 1; Ordinance Amending Chapter 60, . 6) By using the term "exclusi e" and the phrase "and for o other purpose," the current defi ition may be creating an un esirable loophole that would enable a business operator to clai it is not offering "massage" (and th refore does not need to be icensed) simply because there is an ther "purpose" to the "rubb ng, stroking, kneading, tapping or rolli g of the body" which is pro ided at the establishment. The recomm nded revision will help to reate a definition of "massage" th t will enable the City to clare that adult massage parlors must be licensed as massage parl rs (which they currently are not) . � 2. Condition Eaplicitly Prohibiti g Illegal Activity or Condu �t on the Part of Adult Businesses <Ordinance Amending Chapter 60, pp. 9. �11, 12, 13) It is recommended that th following statement be add �d as a condition applying to eac type of adult use: �INR � IIN�M ��^ � . • c.«. :r _ oc►.R ..c►+T (�ITY OF .SAINT PAUL NI�a101�fi � �9� , ��uc�. _w.•ow � � " Or inance R `°"�""¢" � i At��.•;� � . Presentee By p, ;zi'o„� Ss4« . Refer d To � Committee: i �I2�(�8 Out o Committee By Dat An ordinance amen ing chapter 60 of the i � Saint Paul Legisl tive Code pertaining t � ' Zoning Regulation . WHEREAS, the existing S int Paul Zoning Code p rmits adult us s to be located onl in certain zoning � classification di tricts ; and WHEREAS, the Planning Commission tias cond cted a study of the existing zoning pr visions for adult-typ ' uses and has . • re ommended that these regul tions be modified; an i . � WHEREAS, the Plannin Commission has re ommended that ce tain types of adult-onl uses be restricted o industrially zo ed districts with restr'ctions on their locat on in relation to residential and other adult-only uses, wit � these recom- . me dations being �based upo studies conducted b � City Planning st ff and studies conducted y other cities; and - VIHLREAS , some of the purposes of restric ling adult-only zy e uses to industrially oned districts includ the following . f i dings : Areas within close wal ing distance of resid �tial dwslling� and other general co ercial uses should b i free oi' adult entertainment land use . � . •Areas where children ould be expected to alk, pa�tronize . or recreate should be free of certain adul entert3inment ' , land uses. � Adult-only entertaimm �t lanri uses should ibe loca�ced in areas of the city w ich ar.e not in clo �e proximity to residential uses , chu ches, parks and other ! ublic facili- ' fDUN ILMFN ' • Yeas � �ieyrr Requested by Departmen I of: � N�o ' In Fav r R�tt n �� Agains BY T�d Wil Form Approved by City torney Adopted by uncil: Date Certi:ied Pas ed by Council Secretary ey ey Approved by a�yor: Date Approved by Mayor for S bmission to Council By ' BY i Memb rs of the City Council Jan ry 28, 1988 Page Two No [type of adult use] hall engage in any activity or conduct or permit any other per on to engage in any activit or conduct in the [type of adult u e] which is prohibited by a y ordinance of the City of Saint Pa 1, the laws of the State of�Minnesota, or the United States of America. Nothing in this o dinance shall be construed as a thorizing or permitting con uct which is prohibited or regulated by other statutes or ordina ces, including but not limit d to statutes or ordinances ;prohibiting the exhibition, sale or distribution of obscene mat rial generally, or the exhib tion� sale or distribution f specified materials to minors. This revision addresses the concern that defining adult ' ses in reference to "specified sex al activities" and "specifi �i anatomical areas" legalizes actions th t are or should be illegal. The intent of the new definitions is t enable the City to judge a �Sex-oriented business to be an adult use even if, as has recently ha �ened in Saint Paul, the business op ns its doors to minors. In themselves, definitions re neutral. If all or some bf the activities so defined are o should be illegal, then th ! City elsewhere can prohibit or r gulate such activities as i Isees fit. 3. issions and Community Residenti 1 Facilities as "'Protected ses" Ordinance Amending Chapter 60, . 12) It is recommended that miss ons and community residenti facilities be explicitly identified as "protected uses." The cate ry of "protected uses" should be or permanent residential us js, for places which are likely to serve 1 rge numbers of minors and f � rehabilitative facilities. Missions and community resi ntial facilities both meet these riteria. MEV p ties , schools, and other commercial uses. The image of the Cit of Saint Paul as a pleasant and � attractive place to eside will be adver ely affected by the presence of adu t entertainment land �ses in close � proximity to residenti 1 land uses , churche , parks , and other public facilitie , schools and gene �l comriercial uses . Regulation of adult ntertain�ent land us s should be � developed to prevent deterioration and/o degradation of the vitality of the community before the roblem exists or gets worse , rathe than in response t an e}:isting problem. • � � Commercial areas of t e City patronized b ; young people and children should b free of adult en�e tainment land uses. � Adult entertainment la d uses should be regu ated by zoning to separate it from other dissimilar use i just as any other land use should e separated from uses ith character- istics different from i self. Residents of the City of Saint Paul , and p rsons who are - non-residents but use the City for shopp ng and other commercial needs , wil move from the com nity o;^ shop elsewhere if adult e tertainment land uses are �illowed to locate in close roximity to residen �al and other cornmercial uses , chure s , parks , and other p blic fac::lities � �and schools. • Location of adult e tertainment land use in proximity to residential uses, churches , parks an ' other public facilities , and schoo s and . commercial us 's may lead to increased levels of c iminal activities, in luding prosti- tution, rape, incest nd assaults in the v cinity af such adult entertainment la d uses . • Merchants in the comm rcial area of the Cit are concerned about adverse impact upon the character iand quality of the City in the eve t that adult entertai ment land uses are located within close proximity to esidential and commercial uses , churc es, parks and other p blic fac�lities and schools. Locat'on of adult entertai ent land uses in close proximity o residential and c � mmercial uses, churches , parks , and other public faciliti s and schools , 2. will reduce retail trade to commercial uses in �he vicinity, thus reducing property values and tax rev �ues to the City. Such adverse ef ects on property valu s will cause the loss of some co ercial establishments ' followed by a blighting effect up n the commercial dis �ricts within the City, leading to fu ther deterioration of he commercial quality of the City. No evidence has been resented to show that the location of adult entertainment land uses within t 'e City will improve the commercial v' ability of the communi y. � � . Experience in numerous other cities , includi g Saint Paul , Seattle, Tacoma and D troit have shown tha location of � adult entertainment la d uses degrade the q ality of the ' area of the City in hich they are locate and cause a blighting effect upon t e City. A reasonable regulation of the location of ad lt entertain- ment land uses will provide for the prot ction of the image of the comrr.unity and its property value , and protect the residents of the community from the a verse effects of such adult entert inment land uses , w �ile providing to those who desire t 'patronize adult ente tainment land � uses such an opFortun ty in areas of the lity which are appropriate for lccatio of adult entertainmen ' land uses. The community will b an undesirable plac to live and shop in if it is kno n on the basis of it �image as the � location of adult enter ainment land uses . A stable atmosphere or the rearing of f milies cannot.. be ac'hieved iri clos proximity to adult ' entertainment land uses . The initial location of adult entertaimm �t land uses will lead to the loc tion of additional an similar uses within the same vici ity, thus multiplyin the adverse impact of the initi 1 location of adult; entertainment , land uses upon the res ' dential and commercial ses, churches, parks and other public facilities and sc ools , and the impact upon the ima e and quality of th ' character of the community. 3. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: S ction 1 . That the definitions fo the terms Adult Boo store, Adult � Cab ret, Adult Conversation/ ap Parlor, Adult Ma sage Parlor, Hea th Club, Adult Mini-Mo ion Picture Theatre , iAdult Motion Pic ure Theatre, Adult Sauna and Adult Uses , contai 'ed in section 60. O1 of the Saint Paul egislative Code, be �d is hereby ame ded to read as follows: Adult bookstore. A s op for the barter, r ntal or sale of items consistin of printed matter, pic �res , slides , records , audio ta e, ideota e or motion icture � film, � � if such . shop is not op n to the public gene 'ally but only to one or more classes of the public exclu ' ng any minor by reason of age: , r if a substant=al r si nificant ortion of such items are distin uished or characterized by an emphasis on the d piction or descriptio �� of "specified - sexual activities" or " pecified anatomical ar as . " Adult cabaret. An esta lishment which provide i ge-ge-dar�ee�s ,- e�e��e-�n��,--s��}p� �s;--o-r--s}r��a�--er�-t�rt i-�� dancing or other live entert inment, if such est �blishment ar�d wb�e� excludes minors b virtue of age.- , or 'f such dancin � or other live entertain ent is distin uished o characterized by an emphasis on the erformance , depiction or descri tion of "specified sexual etivities" or "specif ' ed anatomical areas. " � .Adult conversation/ra arlor. A conversation ' ra parlor � which excludes minors b reason of a e , or whi h prc�vides the service of en agin in r listenin to convers tion, talk or ' discussion, if such ser ice is distin uished o characterized by an em hasis on "s ec ' fied sexual activities!' or "s ecified anatomical areas. " Adult massa e arlor, health club. A mas ' a e parlor or ' , health club which re tricts minors b rea n of a e , or . , which rovides the s rvice of "massage" , ' f such service is distin uished or c aracterized b an em sis on "s eci- fied sexual activities' or "specified anat�mi al areas. " Adult mini-motion pi ture theatre. An en ' losed building with a capacity for 1 ss than 50 persons use for presenting material de�3-�ed--b3�-A4 r�r�ese�a- -b-�'�� -a�-'-'se��a��+ ��eveea�}�ae'-'--a�--�-' if such building s a prevailing . practice excludes min rs by virtue of age , or if such . 4. � mater�al is distin uishe or characterized b a em hasis on the de iction or descri ion of "s ecified sexu activities" or "s ecified anatomica areas" for observati n b atrons therein. Adult motion picture t eatre. An enclosed uilding with ' a capacity of 50 or more persons used for prese 'ting material �e€�r�ed-�-l�4��t�-S� �t��es-�i3a:�-3��-"�e� �-�}�-p�e�aeea- �}�re'-'-�r�-w�}e�i if suc buildin as a preva ' ;�ing practice excludes minors by vir ue of agc� , or if uch material is distin uished or c aracterized b an .em asis on the depiction or descri tio of "specified sexu activities" � � or "specified anatomica areas" for observatipn b atrons therein. � � Adult sauna. A sauna wh' ch excludes rr�inors b eason of a e , or which rovides a st am bath or heat bath n room used for the ur ose of bat in , relaxation, or r ducin , util- izing steam or hot air as a cleanin , relaxi or reducin agent , if the service p ovided b the sauna i distin uished or ch�3racterized b an mphasis on "s ecified exual activi- ties" or "s ecified ana omical areas . " Adult uses. A��- -a-r�--��iese--�s��- E��i.�g--ba�s � w1��El�--�r-e--�o-�-ope��--� -�-��.-i�-ge�e�a�� --b��-�-1-3�-�e e�e--oa=-�e�e--e�-��-e --��-ic--a��--e3c�-� '-�g-�}�-r�►��e� b}�--r�nT-o�-age;--�- '-��o�=-be��g--�-�^�� ,�r��e�--t��-age e€-�ei-g�-t��r�. Ad lt uses include-,-�� r-�-�o�-��r��e�l �e,- adult bookstores , adult motion picture �eatres , adult � mini-notion picture th atres , adult massage parlors , adult . sauna:� , adult rap/conv rsation parlors , adult ' health clubs , and �idult cabarets , �--s�}�-��--ac�i��-�- and other �. rp emi`;'es , enterp'rises , usinesses or places o n to some or all me�mbers of the publ ' c at or in which there is an em hasis on the erformance , d piction or descri tio of "s ecified sexuai activities" or "specified anatomica areas" which are c3pable of bein se n b said members of e ublic. • Section 2. • . � ' That the definition of onversation/Rap Parlor � contained in Se tion 60.?.03 of the Saint aul Legislative Code b i and is hereby am nded to read as follows : 5 . � . . - - ^? Conversations/rap parlo s. An x blishm nt �}eeASed X l�y--61�ap�e�--��3--e€--�b --6}�y--A�el�Aa�ee--a�di advertising, offering or selling the service of engaging i i or listening � to conversation, talk r d::scussion ;-afl--en�p�eyee � e€--t�e--es�ab�3sHr�er��- �a--et�s�ex�e�, regardle s of whether • other goods or services are also simultaneous y advertised, - offered or sold, and regardless of whether' those other goods or services are al o required to be licen ed. The term "conversation parior" shall not ; include bona fide legal , medical , psy hiatric , psychologica !� , or counsel- ing services by a per on or firm appropria ely licensed; or bona fide education 1 institutions � or pa els, seminars or other similar serv' ces offered by. such institutions ; � � or churches or synagogue . � S ction 3. � . That the .definition of Massage Parlor, Saun j, Health Club con�ained in section 60. 213 of tl�e Saint Paul Le islative Code be and is hereby amended to r ad as follows: Massage parlor� sauna, health club. An ; establishment ` / offering �� "massa e" defined as the rubbin , stroki , kneadin , � tap in or rollin of he bo�3 , for the ur oses of lea5ure, relaxation, h sical fitness , or eautification, � , offered for a fee or other valuable consideration -w�i}ek--�es�,�-i�-sr--�' -b}�-v��e s�--ar�}e and including p ysical culture and h lth services , .physical culture and ealth club, reducing �lub, reducing _� salon, and massage par or. This definition � shall• include • any building, room, structure, place or i establishment � used by the public ther than a hospita , sanatorium, � rest home, nursing hom , boarding home or ot er institution for the hospitalizati n or care of humanj beings , duly licensed under the prov sions of Minnesota Sta utes , Sections 144. 50 through 144. 70 , inclusive , where n-medical and ' . non-surgical manipulati n exercises or massage are practiced . , . upon the human body for a fee or other valuabl consideration by anyone not duly icensed by the Stat ! of Minnesota to practice medicine, surgery, osteopathy, � chiropractic, . i i 6. physical therapy� or odiatry, with or wit out the use of inechanical � therape tic , or bathing devi ces, or any room or rooms from whic a masseur or masseuse 'is dispatched by telephone or other ise for the purpose of giving a massage. �i�-��-- e-�.�ag�€c�-a-#e� ��--l�e-g}ver� exee��-}A-a-�}eeASed-��e }seT S ction 4. That section 60.219 o the Saint Paul Le {islative Code be and is hereby amended so a to add the following hereto: � � Sauna. An establishme t rovidin a steam bath or heat bathin .room used for the ur ose of bathi , relaxation � or reducin , utilizin steam or hot air a a cleanin � � relaxin or reducin a e t. S ecified anatomical a eas. Anatomical ar as consistin of : 1 ) Less than com 1 tel and o a uel vered: (a) human enitals, ( ) ubic re ion, (c) b tock, and d) female breast below a oint immediatel above the to of the areola ; a d' 2) Human male enit ls in a discernibly tu id stai:e , even if com letel an opa uely covered. S ecified sexual activi ies . Activities consi tin of : 1 ) Human enitals i a state of sexual sti ulation or � arousal ; _ .. 2) Acts of human ma turbation, sexual inte course or sodomy; 3) Fondlin or othe erotic touchin of h an enitals, ublic re ion, b ttock or female breast 4) Situations invol in a erson or erson� , any of whom are nude � clad i under arments or in s xuall reveal- in costumes, an who are en a ed in ac ivities in- volvin the fla llation, torture, fet rin , b�ndin or other h sica restraint of an suc ! ersons. 7 . � S ction 5. That Section 60. 543 , cla ses 10, 11 and 12, of he Saint Paul - Le islative Code, is hereby a ended to read as follo s : ( 10) Adult �ses conversa ion/ra arlors subjec to the following condition : (a) The �ses adult onversation/rap arlor '� shall be located at leas 1320 radial feet from; any other adult use measu ed in a straight line rom the closest points f the buildings in whi h the adult uses are locate . � � (b) The adult �se- conversation/rap parlor Shall be located at le st 200 radial feet �om any resi- dentially zon� property measured 'n a straight l.ine from the closest point of th building in which the ad lt �se conversation/ ap parlor is � located i:o the closest residentially oned property 1 ine ; ��_� r-��-�a�--b��ra-i�i- -�Y�e-p�a��Q eer�r�}ss�e�►--�� #��-pe�ser�-��l�i�}- e�--#�--wa�ve� s t�a��--#�:_3-e-- �t-�--�l�e--�-1��-i�g-- i-�-�tTr-a-�o-r---a ee�se��---��tr ic��----w�i�-�---}�d}�a�es -�r-�v�l---e� � �l�e-��epESed-a t��-t�se-b}r-9A-pe�ee��- €-�l�e-p�e�e��y � ew�e�s--�_-t�ri-�- �-�a�}a�-#'�-c��-�1� '-3o�-�-w1��eY� �k�e-{rse--�rc�-k� �e-�oe��;-t-k�-g�a�� ;r-rg-ee�xa}ss�e�; ��--EO��.�e�� --�xe�--a---�a-i�r-,---s a��--r�al�e--�ke �e��ew��e--€�� gs=--�ka�--�l�e--p�ep se�--�se--w}�� . xe�-be-�� -�o-t�-p�b��-��e�e �-e�-��t��e�s �e--�ea��--p� �e��}es;--a�d--��ia�--� e--sp��--a�d • � ��e��--e€--� --o-nc�-i��-i�v-il-l---b�- �e��e�•,--��a� ' �l�e--��e�esed- �se--�v-�-�-�--r�o-�-�-1 ' -o�--e�ee��age ��ie--c-�e�e�opr�+e �-�€---a--"-srk3�-�ew'-'- ' ;--�,��-�ke es�ab�}skx�e��- €--�-�i�-3��--i�se -c�€-�i�-��*pe }�-t�-�a-- }��-�o-�-be-�t�^-�r�- e--a��--p�eg�ar� e�---�e}sl�be�l� e�---ee�se��aa�}e�---e r--}�ap�eve�ae��; ' . � e}�l�e�--�es}de �}a�-•-e�--xie�-�es�de� �a�;--a��-��l�a� , . a��---a�p��-i:c1a�} ---�egt�-l�a�io��s---e�-- '-s---e��a�ee w��-be-Ebse� e�. (c) The �se adult conversation/ra arlo ishall not be located withi a building also used jor residential purposes. 8 . (d) There shall be n acce�s from the build'�g in which the tise adult co versation/ra arlor i � located to the alley or to resi entially zoned pro 'erty. (e) Conditions (b) - (d) ma �be waived b he lannin commission if th erson a 1 in for t e waiver shall file with he lannin administra or a consent etition which ndicates a roval of the ro osed adult cnversati n ra arlor b 90 ercent of the ro ert o ers within 200 ra ial feet of the lot on whi h the adult conversat on/ra arlor would be loca ed; the lannin • c mmission in . con erin suc a waiver, shall make 'the followin � fin i s: that he ro osed use will n t be contrar to e ublic interest or in urio s to nearb . ro erties, an that the s irit a d intent of the ordinance ill be observed; tha the ro osed use will not e lar e or encoura e t e develo ment of a "skid ro " area; that the es ablishment of an additional se of this t e in he area will not be contra to an ro ram o nei hborhood conservation o im rovement, eithe residential or non-resident ' al ; and that all a licable re - lations of this ordinance will be obse ved. ' (ef) All signs shall comply with Chapter 66 �of the Zoning Code and with C apters 274 and 275 of he Saint Paul Legislative Cod . (a) The use shall b licensed as a convers tion/ra arlor � under a licabl rovisions of the Sai t Paul Le isla- • tive Code. (11 ) Adult massa e arl rs or health clubs, su 'ect to the same conditions s those listed above in 60. 543(10) for adult conversa ion/ra arlors. (12) Adult saunas sub ' ct to the same c•�ndi ions as those listed above in 0.543 10 for adult c nversation ra � parlors. ' . (�� 13) Auto repair� subj ct to the following co �itions : . �h�-� � ' fl�a-��,e . � � ��a��. • 9• , � o v � e e 'n � � a a or w nt e w o t es of e a c ha be o strued a u t wh c s b ted r u b he t s o o i ance n ud t t d st t s nces o b t n e b s o d i t n o obscene mater a e era 1 or the exh tion sale o � dist ibution of ecified mat r a s to m nor (a) The minimum lot area shall be fifteen ;housand - - (15,000) square feet.- ' lb) A ten-foot land caped buffer with scre n planting � and an obscurin fence shall be requir d along any • property line a jacent to an existing esidence or adjacent to lan zoned residential . (.c) All repair work shall be done within a enclosed building. ld) There shall be o outside storage. (�� 14) Accessory build�ings, structures , and uses �s defi�ed in � � Section 60.201 . Section 6. That section 60. 554 , c ause 2 of the Saint P �1 Legislative Co e is am�nded to read as ollows, and section 601554 is further � am nded so as to add the fol owing new clauses 3 an 4 thereto: ( 2 ) Aciult �ses conversa ion/ra arlors subjec to the following condition : � � (a ) The xse adult c nversation/ra arlor hall be �located at leas 300 radial feet from ny other adult use measured in a straight line from t e closest points of the b ildings in which the a ult uses are � located. , ; ' (b) The �se adult c nversation/ra ' arlor � hall be located � at least 100 ra ial feet from any resi ential use ' measured in a s raight line from the c�losest point of the building in which the xse adult c versation/ra ap rlor is locat d to the buildirig in ich the resi- dential use is ocated'. ' , (c) The use adult c nversation/ra arlor Ishall not be located within a building also used f Ir residential ' � purposes. � ' 10. i (d) All signs shall co ply with Chapter 66 of jthe Zoning Code and with Chap ers 274 and 275 of the !Saint Paul Legislative Code. ( ) The adult conversati n/ra arlor shall b licensed as a conversation/ra arlor under a li able ro- visions of the Saint P ul Le islative Code. ( ) Adult massa e arlors or health clubs sub ' ct to the same conditions as t ose listed above in 60.554 2 for adult conversation/ra arlors. . . • . (4) Adult saunas sub 'ect to the same conditio as those listed above in 60.5 4 2 for adult conv sation ra parlors. Sec ion 7. hat section 60.563, claus 2 of the Saint Paul L gislative Code s amended to read as foll ws � and section 60. 563 'is further amend d so as to add the follow ng new clauses 3 and 4 'thereto: 2) Adult �ses conversatio /ra arlors subject t the follow- ing conditions : ' (a) The �se adult con rsation/ra arlor sh �1 be located at least 300 radi 1 feet from any other �ult use measured in a str ight. line from the clo �st points of the buildings 'n which the adult uses' �are located. (b) The �se adult con ersation/ra arlor sh ll be located at least 100 radi 1 f�et from any reside tial use - . � measured in a str ight line from the clo est point of the building in w ich the �se adult conv rsation/ra ap rlor is located to the building in whi h the resi- dential use is lo ated. i (c) The t�se adult con ersation/ra arlor sh ll not be . located within a uilding also used for esidential - purposes. - �N � ��.�� ;��.a��, . �� . • -f M�r� �� (d) All signs shall comply with Chapter 66 ' of the Zoning - - Code and with C apte�s 274 and 275 of he Saint Paul Legislative Cod . � (e) The adult conve sation/ra arlor shal be licensed • as a conversati n/ra arlor under a icable ro- visions of the aint Paul Le islative ode. ( 3) Adult massa e arlo s or health clubs sub ' t to the same conditions as those listed above in 60. 554 (2 for adult convecsation ra a lors. (4) Adult saunas sub 'ec to the same condition as those listed above in �60. 54 (2 for adult �conve sation ra • � parlors. � ection 8. � That section 60.612 f the Saint Paul Le islative Code is hereby amended so as to a d the following new cl uses thereto. t 24 ) Adult �bookstores sub 'ect to � the fol low �n conditions: (a) The adult b okstore shall be lo ted at least 1320 radial f et from any adult use easured in a � strai ht line from the closest point of the build- � in s in which the adult uses are loc ted. (b) The adult book tore shall be located t least 1320 radial. feet fr m an residentiall z ed ro zrt in . an munici�� ali , measured in a strai ht line from � the closest ert line of the ro rt on which an adult book tore is located to the losest resi- ' dentiall zon d ro ert line. (c) The adult boo store shall be located t least 1320 radial feet f om an " rotected use" defined as: a buildin used entirel for residenti 1 ur oses, a ' . � da care cent r where such da care enter is a rinci al use a house of worshi , a ublic librar , � a school ( ub ic, arochial or riva e elementary, 'unior hi h o hi h school , a ubli ark, a ublic � la round, a ublic recreation cent r or a ublic s ecialized r ereation facilit . Th distance shall be measured i a strai ht line from he closest ro- - ert line of the ro ert on which n adult book- store is loca ed to the closest ro rt line o the . ro ert on w ich is located an afor mentioned ro- tected use. r„; ss;oh o�. �;� �os d� r �A�,�i,a a , Y � � 12. , � v v ° a lor t u w o e m ca a e on ued aut o h o b d or u a e tute S nc ud ut ot 'm ted or c ohib t e e ib s o ob cene ate ia enera 1 or he h b t s e or tr bution f s eci ie ate a s o (d) The adult books ore shall be located least 50 radial feet fro an retail or servic business dealin directl with consumers meas red in a strai ht line from the closest ro er line of the ro ert on which the adult bookstore is located to the closest r ert line of the ro rt on which is located a r tail or service busine s dealin directl with onsumers. (e) Conditior,s (b) - (d) ma be waived b ' the Plannin commission if he erson a 1 in � for the waiver shall file wit the lannin administ ator a consent � - etition which indicates a roval of he ro osed adult bookstor b 90 ercent of the ro ert owners � within 1320 ra ial feet of the lot on which the use � � would be locat d; the lannin commis ion, in con- siderin such waiver, shall make t followin findin s: that the ro osed use will ot be contrar to the ublic nterest or in 'urious nearb ro- erties, and t at the s irit and int t of the ordi- nance will be bserved; that the ro sed use will not enlar e or encoura e the develo nt of a "skid- row" are�; tha the establishment of an additional use of this t e' in the area will no be contrar . to an r•o ra of nei hborhood conse vation or im- � rovement, ei er residential or non residential ; and that all licable re ulations f this ordi- nance will be observed. • (f) All si � sha 1 com 1 with Cha ter 6 of the Zonin . Code and with Cha ters 274 and 275 o the Saint Paul Le islative C de. - . i (25) Adult cabaret.s su 'ect to the same condi ions listed above in 60.E•12 ( 4) for adult bookstore . (26) Adult mini-motion icture theatres sub 'e t to the same conditions a� tho e listed above in 60.6 2 (24) for adult . bookstores . • • (27) Adult motion ict re theatres sub 'ect t � the same con- conditions a� tho e listed above in 60. 2 (24) for adult bookstores. - �� GQ A��1u� . 13. d I � uc Iv t o o u t a u w o b d b n w ate o in o d o e m d e ed ot er statute ot m d tatute o d e h b t on ale or d t i ut n o e e e h i o sale o u ed te i to minors . ; i' _ _ - - - - - -- - - - - ----- -- -- -------- -- - — - - - r-- — --- - --�--- � NN�TI� � CIT♦ C iJ�K ►INK � FINAN E COUA �� C�NAA• - OEPAR ,.cNr (jITY OF .,SAIN�T PAUL File '' N0. •LVE � M4Y01� • r inance Ordin nce N O. Presented By Refer ed To � Commi ttee: Date Out o Committee By Date (28) Adult uses other t an adult bookstores , a lt cabarets, adult conversation ra arlors, adult ma a e arlors , adult health clubs adult mini-motion ic re theatres, adult motion i ture theatres and ult saunas , sub 'ect to the sa e conditions as those � listed above in 60.612 (24) for adult bookstores. S ction 9. This ordinance shall tak effect and be in forc thirty days fro and after its passage, a proval and publication ; 14. COUN ILMFN ` Yeas Nays Requested by Department f: D► N;o, • In Fav r Rett n S`" � Agains BY son T�d Wil n � i Adopted by ouncil: Date Form Approved by City A �orney Certified Pa ed by Council Secretary BY By App�oved by ayor: Date Approved by Mayor for S mission to Council By BY �•«•"• •"•"* �"* (�I TY O F �A I NT YA U L ' ' •�Yt •��w Q��L 10�S �� , � Or inance � �� ;y P la�•.�� — Pc�seutea By • ;�;i i`.. �}� , — Refe To Coamittee: �12-�� _ Out of Committee By Da . An Ordinance ame ing Section 412.02 of ; the Saint Paul Le islative Code pertain ng to Massege Parlo s. THE COUNCIL OF THE CITY OF S INT PAUL DOES ORDAIN: ection l. That the definition for the term "massage" as ontained in . Sec ion 412.02 of the Saint aul Legislative Code �e and is hereby aine ded so as to read as fol ows: � • Massage means the rub ing, stroking, kneadi �g, tapping � or rolling of the body }�l�-�l�e-l�aAde for the ;_.__=��.,. purposes of leasure r laxation, physical fi ess or � - beautification, ; th � term "masseur" means a male erson, and the term " asseuse�� a female person, who pr ctices massage. The ractice of massage shall not in lude and is distir►ct rom the practice of inedicine, s rgery, osteopathy, ch ropractic, physical therapy and po istry. Persons duly icensed . or registered to practi e medicine, surgery� steopa- thy, chiropractic, phys 'cal therapy or podiat , and nurses who work under t e direction of such p rsons, are hereby expressly e luded from the requi ments of this chapter. Beauty lturists, barbers an jco'sme- . tologists who do not g've� or hold themselve ; out to give, massages other t an are customsrily qi �en in � such shops or places o business for the p ses of � , beauti•fication �only, d persons who give� ma ages only incidentally to t eir general occupatio and receive no compensatio specifically for giv �ng massages, shall also b excluded from the pr isions of this chapter. COUN ILfYlFN Requesced by Depart �t ot: Yeas Nays N ln Fa or � Again t BY T Foem Approved by Cit I Attorney /ldopted by cif: Date Certitied Ps ed by Council Secretary BY I eY Approved by syor: Date Approved by Mayor f ISubmission to Cow�eil . By BY i wMITt - t�rv c EwK - - - — . I - .�� • _ i1N�NC[ G I TY OF SA I NT PA U L Coun �1 c�.+�wv _ ocn�w rwtNT �'lIQ N�. �wc -►w•row . � 0 r �nunce Ordi nce N O. Presented By Refe d To Committee: Date Out o Committee By_ - Dat S ction 2. . This ordinance shall tak effect and be in forc thirty days fr and after its passage , a proval and publication 2. - ' COU CILMEN � ' Yeas Nays Requested by Departme of: Dr N; :;, in Fa or R min • •'b•� Again t BY SO Mfl T Kco • Wi son Form Approved by City ttorney Adopted by Council: Date Certified P ssed by Council Secretary BY By Approved b Mayor: Date Approved by Mayor for ubmission to Council By BY i i ' D D D � D � D � � � ' ADUL ENTERTAINMENT � B ck round . . , e City Council initiated this s udy (Council File No. 86-156 ) , request�ng t e Planning Commission to examin the issue of adult entertai ent and to � c nsider an amendment to the Zoni g Code proposed by Councilm William L. W lson. The proposed amendment a dresses two problems with t current p ovisions of the Zoning Code: 1 Current spacing requiremen between adult �; u es and residential areas are in ufficient, and 2) Current de initions of a ult uses do not sufficiently sp cify the types of businesses 'that should be r gulated. The study examines th land use impact of sex-ori ted adult b sinesses--adult movie theatres, adult bookstores, adult liv �I,entertainment i a d adult health clubs--and makes recommendations to regulate heir location. T e Planning Commission passed a esolution on August 14, 198 �to forward this s udy to the Mayor and City Counc 1 and to recommend approval f the � a endments attached to the study. i � R commendations . ` ; 1 Restrict all adult movie thea res, adult bookstores, adultllive entertainment and similar uses to I-1 and I-2 zones. � 2 Require the following spacing requirements for adult movie �theatres, adult bookstores, adult live entert inment and similar uses: 13 0 radial feet � from other adult uses; 1320 r dial feet from residential z nes; 1320 radial feet from residential ses and "protected uses" (ho ses of worship, day care centers, public libr ries, schools, public parks, public � playgrounds, public recreatio centers or public specializ d recreation facilities) ; 50 radial feet f om retail or services busine ses dealing . directly with consumers. �. 3 Retain the provisions of the urrent Zoning Code for adult �health clubs, massage parlors and similar u es: ' - B-3, I-1: 1320 radial feet from other adult uses; 200 dial feet from residentially zoned propert ; - B-4, B-5: 300 radial feet rom other adult uses; 100 r ial feet from � residential use. � 4 Define adult uses in referenc to specified sexual activit es and ' specified anatomical areas. urrently, adult uses are def ;ned in reference to activities which are off-limits to minors. ; I ' S Revise the licensing provisio s in the Legislative Code, C apter 412 , (Massage Parlors, Saunas, etc.) to include adult health cl bs and massage parlors. � DIVISI OF PLANNING•DEPARTMENT OF PL NING ANO ECONOMIC DEVELOP ENT•CITY OF SAINT PAUL CITY H LL ANNEX•25 WEST FOURTH STREE , SAINT PAUL, MINNESOTA, 5510 •TELEPHONE 612-292-1577 . �' � � T LE OF CONTENTS � Itroduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 � M nici al Authorit to Re ulate A ult Uses via P y g Zoning. . . . . . . . . . . . . . . . . . . . . .3 '� � S ope of Study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'w . . . . . . . . . . . . . .7 C rrent Regulation of Adult Uses Saint Pau1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 � S udies of Problems Related to Adu t Entertainment--United Sta es. . . . . . . . . . .15 S udies of Problems Related to Adu t Entertainment--Twin Citie . . . . . . . . . . . . .17 � ' S 'nt Paul--Recent Problems Relate to Adult Entertainment. . . . . . . . . . . . . . . . .19 � A1 ernative Zoning Strategies for ealing with Adult Entertai nt. . . . . . . . . .27 Co clusions and �tecommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . I. . . . . . . . . . . .39 � . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . Pr posed Amendments to Zoning Code. . . � . .43 Ap endix A - Names and Addresses o Existing Adult Uses. . , . . . . . � . . . . . . . . . . . .51 � A endix B - Memorandum Discussin P g ssues Raised During Public eview. . . . . . .53 � Ap ndix C - Planning Commission Re olution. . . . . . . . . . . . . . . . . . . . i. . . . . . . . . . . .63 Creits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . .65 ' � � I � � � � � �I � li � � � � INTRODUCTION � � The City of Saint Paul first a opted zoning provisions to �estrict sex-related � adult entertainment in 1983. n that year, the City Counc �1 passed several amendments which define "adult uses" and restrict them to I-3, I-1, B-4 and B-5 Zoning Districts as permit ed uses subject to special pndition use � permits. However, since 1983 here has been growing conce jn among Saint Paul citizens that the amended Zoni g Code does not adequately jddress the land use problems associated with adult entertainment. Also, there s concern" that the current definitions of adult u es create undesirable looph �es, leading to an � inability of the City to regul te all adult uses. This report is in response to City Council resolution of �Tovember 5, 1986 � requesting the Planning Commis ion to study possible amen �ents to the Zoning Code so as to restrict adult u es to Industrially Zoned Di �tricts only, and other amendments relating to a ult uses which the Commissi p should deem � advisable. � � � ,� � I � I � � � ' � i � 1 � � i i � MUNICIPAL AUTHORITY TO REGULATE ADULT USES VIA ZON ��TG _ ,� _ I � De oit Court Case: 1976 ' The concept of "inverse zoning" to liminate concentrations of ��lcid row � bus'nesses was first implemented by Detroit in its "Anti-Skid R " ordinance ado ted in 1962 and amended to incl de sex-related businesses i 1972.- The Det oit ordinances defined "adult" stablishments as those pres ting material � "di tinguished or characterized by n emphasis on matter depict' g. . . 'Sp cified Sexual Activities' or 'S ecified Anatomical Areas' ." ' Adult est blishments were included in a 1'st of "regulated uses" and e ordinances pro ided that no regulated use coul be established within 1000 eet of any �' oth r two regulated uses (except whe the provision is waived by the buildings and safety engineering department) o within 500 feet of a resid ntial area. I � Own rs of two adults-only theatres s bsequently challenged the I con titutionality of the ordinances nd the case was ultimately aken to the Uni ed States Supreme Court. The th atre operators maintair�ed t at the � ordi ances constituted a prior restr int on constitutionally pro ected co nication and that the ordinance violated equal protection. , Moreover, they charged that the definition of ' adult" establishment is vag (due to the phra e "characterized by an emphasis' ) and that the ordinances d not specify � adeq ate procedures or standards for obtaining a waiver of the 1, 00 foot stan ard. I � Esse tially, the landmark Youn v, erican Mini Theatres 427 US 0 (1976) deci ion affirmed that municipalitie may use zoning to restrict dult ente tainment if adult entertainment is shown to have a harmful i pact on � part cular types of neighborhoods. e Supreme Court specificall held that: 1. The ordinances as applied t these respondents do not v plate the Due Process Clause of the F urteenth Amendment on the g bund of � vagueness. 2. The ordinances are not inva id under the First Amendmen las prior restraints on protected co unication because of the li nsing or �; zoning requirements. Thoug adult films may be exhibite commercially only in licens d theaters, that is also tr of all films. That the place where films may be exhibited is r gulated � does not violate free expres ion, the City's interest in�planning and regulating the use of pr perty for commercial purpos s being clearly adequate to support he locational restriction. � 3. The 1,000 foot restriction d es not violate the Equal Protection Clause of the Fou teenth Amendment. � �I Court Cases Between 1976 and 1986 �. Sever 1 federal court decisions subseq ent to Youn� established th limits of zonin as a tool for restricting adult entertainment. Although it was recog ized that such restrictions were valid, it was also establis ed that � � I I � municipalities may not use zoning to prohibit adult entertainment entirely. Indeed, the Supreme Court itself_affirmed this principle in Schad v. Borou�h of ,Mount Ephraim 452 US 61 (1981) when it struck down a zoning ordinance �, because it had the effect of totally suppressing the availability of nude dancing (as well as other forms of live entertainment) in a particular � municipality. This principle was also the basis for a 1982 U.S. District Court decision which struck down an ordinance in Minneapolis (Alexander v. City of � Minneapolis, CCA File No. 82-1385-NIN) . According to U.S. District JudgQ Diana Murphy, the Minneapolis ordinance was unconstitutional because it effectively required the relocation of a large number of businesses intQ a prohibitively � small number of business sites. Renton, Washing,ton Court Case: 1986 � A Supreme Court decision in 1986 clarified the principle which invalidated zoning ordinances used as a tool for prohibiting adult entertainment. Owners � of two downtown theatres in Renton, Washington sued the city to contest a zoning ordinance that prohibited adult movie theaters frorn locating within 1,000 feet of any residential zone, single- or multi-family dwelling, church, � park or school. Geographically, this made downtown a pornography-free zone. In fact, it restricted adult theatres to a number of industrially zoned sites. The basis of the theatre owners' suit was their claim that the zoning rule was actually an attempt at censorship in that it left them without commercially- ,� viable sites for their businesses. The City of Renton v. Playtime Theatres (Docket Nwnber 84-1360) decision � overturned a lower court ruling in favor of the theatre owners. This decision was significant in two ways. First, it stretched the meaning of "commercially viable site" in a way that favors municipalities and makes it more difficult � for adult entertainment establishments to prove that a potential site is not viable. Secondly, it established that a municipality's zoning ordinance need not rely on an analysis of the actual or potential harm caused by adult entertainment in the subject community. Instead, it can base its ordinance on � the experiences and actions of other cities. Specific conclusions of the Supreme Court in this case include: 1. Since the ordinance does not ban adult theaters altogether, it is � properly analyzed as a form of time, place and manner regulation. "Content-neutral" time, place, and manner regulations are acceptable so long as they are designed to serve a substantial governmental � interest and do not unreasonably limit alternative avenues of communication. 2. The District/ICourt found that the Renton City Council's � predominate concerns were with the secondary effects of adult theatres on the surrounding community, not with the content of adult � films themselves. This finding is more than adequate to establish that the city's pursuit of its zoning interests was unrelated to the suppression of free expression, and thus the ordinance is a "content-neutral" speech regulation. � 4 � � . ' �pk''�- �/ � � � � 3. The Renton ordinance is d signed to serve a substanti 1 governmental � interest while allowing f r reasonable alternative av ues of communication. A city's nterest in attempting to pr serve the quality of urban life, as here, must be accorded high respect. 1 Although the ordinance wa enacted without the benefi of studies specifically relating to enton's particular problems Renton was entitled to rely on the e periences of, and studies p oduced by, the � nearby city of Seattle an other cities. I 4. As required by the First endment, the ordinance all ws for- reasonable alternative av nues of communication. Alt ough � respondents argue that in general there are no "comme cially viable" adult theatre sites withi the limited area of land 1 ft open for such theatres by the ordi ance, the fact that respond nts must fend � for themselves in the re estate market, on an equal'Ifooting with other prospective purchas rs and lessees, does not gi e rise to a violation of the First endment, which does not comp l the Government to ensure tha adult theatres, or any othe� kinds of � speech-related businesse , will be able to obtain si s at bargain prices. j I � Pr'nci les for Zonin to Re ulate dult Uses i � Supreme Court decisions discus ed above define the limits f zoning as a � t ol for regulating adult entertai ent. In light of the lega history of t is issue, it is possible to deri e the following principles or constructing � c nstitutionally valid zoning ordi ances: ; 1. Locational restrictions ay not be so severe as to r ult in an inability to accommodate the present and/or future a ticipated � number of adult business s in a city. In Youne, the �COUrt upheld the Detroit ordinance up n finding that numerous sit 's complying with the Detroit zoning equirements were available o adult � businesses and that the arket for sexually explicit fare, viewed as an entity, was therefore "essentially unrestrained," �' 2. The more evident and rat onal is the relationship oflthe adult-use � restrictions to recogniz d zoning purposes, such as �he preservation of neighborhoods and the grouping of compatible uses � the greater is the likelihood that the estrictions will be upheld. j � 3. The greater is the vague ess inherent in an ordinancl 's wording or definitions, especially 'f rising to the degree that 'inon- pornographic entrepreneu s must worry whether they a e within the � ordinance's provisions, he more lilcely it is that t e ordinance will be struck down. , � 4. An ordinance which gran s administrative officials scretionary power whether or not to allow particular adult busi sses to operate is more likely to be st uck down as violative of th precept, � emphasized by the Youn� dissenter, that in the Firs , Amendment area "government may regulat only with narrow specifici " � � 5 � � � I � � � � SCOPE OF STUDY i � I � Saint Paul's Zoning Code currently de ines "adult uses" to refer �ly to sex- relat d uses, not to alcohol-related ses: � Adult uses are those uses exclu ing bars which are not open �o the public generally but only to on or more classes of the pub �c and excluding any minor by reason o age, a minor being a perso 'iunder the � age of eighteen years. Adult u es include, but are not lim �ed to, adult bookstores, adult motion icture theatres, adult mini- otion picture theatres, adult massage parlors, adult saunas, adul I rap/conversation parlors, adult ealth clubs, and adult cab ets, or � similar adult uses. Altho gh this study considers possibl amendments to the Zoning C e � (incl ding amendments to the definiti of adult uses) , the sex-r �ated focus of th current definition will be ret ined. Alcohol-related uses � re not inclu ed because problems associated ith bars are often consider ly diffe ent from the problems associate with sex-related businesses�, and are � gener lly related to operation rather than to location. Licensin �-not zonin --is the more appropriate way t regulate bars. There are s fficiently strin ent licensing requirements for ars including distances fro � schools, � churc es and other establishments wit liquor licenses; operation proce ures; City Council public heari s with mailed notice; and t e possi ility that the license may be re oked. � � � I� � � � � . � � � � � , � CURRENT REGULATION F ADULT USES IN SAINT PAUL I �� ' i � T s and Locations of Adult Busine ses Dep nding on the system of categori ation, there are at present �ither 14 or � 19 dult entertainment establishmen s in Saint Paul. The Saint aul Building Ins ection and Design Division curr ntly does not regard licens bars. as "ad lt uses," even if they offer se ually explicit live enterta' ent. There � are five bars in Saint Paul offerin such entertainment. There s also one bus ness offering sexually explicit live entertainment which cl ms to be a pri ate club open to minors as well as adults;• however, Saint P 1's Building � Ins ection and Design Division cate orizes it as an adult cabar � and thus is tre ting it as an illegal nonconfo ing use. App ndix A contains a comprehensive list of the names and addre es of the 19 � est blishments. The categories for the establishments are as f lows: 2 Movie Theatres � 1 Bookstore � 1 Adult Cabaret 10 Massage Parlors, Saunas, H alth Clubs 5 Bars With Live Adult Enter ainment � All of these businesses are within ommercially zoned districts,ll'' Spe ifically, the zoning is as foll ws: � i 4 B-2 (Community Business Di trict) 13 B-3 (General Business Dist ict) 1 B-4 (Central Business Dist ict) �; 1 CAAPB (Capitol Area Board) Jurisdiction Sev nty-nine percent (15 out of 19) of adult entertainment esta lishments in ,� Sai t Paul are located on major tho oughfares: Arcade, Payne, R ce, Snelling, Uni ersity and Seventh Street; the ther 21 percent (4 out of 1 ) are on Gr d, Hudson Road, Milton and Prio , which bear lower street c assifications � as inor arterials or collectors. The total number of adult businesse has dropped to 19 from 30 In 1977 and 24 in 982. The overall decline in n ber between 1977 and 1987 i a result of � se ral factors. Some establishmen s were removed from the do town area as a res lt of redevelopment in the area of the World Trade Center. Also, ne'ghborhood pressure has' resulted n the relocation or reorien ation of � se eral establishments. At the sam time, zdning and licensing codes have be ome more restrictive, making it ore difficult for new adultlestablishments to open. Finally, the recent incre se in the popularity of hom videotape � pl ers has apparently changed cons ption patterns in a way th t has di inished the demand for some form of entertainment outside o the home. � � 9 � i � ADULT ENTERTAINMENT IN SAINT PAUL (1987) � ------ ....! � ----- % � - 3 - �.�..� 1 ' � g i s� '�..,f - � ye � � h C � Y F i� .weo_'�r' - Y �a 9 `°"w' . X �,. . F YF r ' � F.Y � � ; ' � a � _ . . F � � _ � _ - � � _ p s - n° � � Y,t n ^�� \F�p ��+ 4E i1 � 4'F,�`q p / � \I\ab 8 4 x tt � y' �rs � �'� ) ��,d�- �'� 5 nxonrn�x � � � E �' � � _.� � � � 6 �a � �w � � ¢6 .�`` b. � g a �� e � P e pR .. '._" ' "' /'� 1 A A �q Y s R II ��l � �_� t [s� A Theatre D Health Club � 4 �� BBookstore F Bar With Live p L�� ,c � ` Adult Entertainment `,��v . � �' ° �f C Cabaret i ✓ ,— •� o ---- ' � � � NUMBER OF ADULT ENTERTAINMENT ESTABLISHMENTS IN SAINT PAUL: 1977-1987 � Nwnber by Category Movie Massage, Sauna, Live � Year Theatres Booksto�es Health Club Entertainment Total 1977 2 5 10 � 13 30 1982 2 5 10 7 24 � 1987 2 1 10 6* 19 � * 5 licensed bars with exotic dancers, 1 adult cabaret � 10 � � . � � .��'' ._�� Zo 'n and Licensin to Re ulate Ad lt Uses j � Sai t Paul currently regulates adul uses in two ways: with zoling and with lic nsing. The current zoning regu ations date from 1983 when, '�for the first � ti , specific "adult uses" were de ined and permitted in zoneslB-3 (General Bus'ness District) , B-4 (Central Bu iness District) , B-S (Centr 7 Business- Se ice District) , and I-1 (Industr al District--by virtue of t eir inclusion in -3) . In all cases, adult uses re made subject to special onditions: � B-3 (and I-1) : 1320 feet fro other adult uses; 200 feetl�,from . residentially zoned property may be waived by Planning C �nmission with � the consent of 90 percent of roperty owners within 200 f �et and with consideration of various fact rs pertaining to the public linterest) B-4, B-5: 300 feet from othe adult use; 100 feet from r idential use; f' not located in a building als used for residential purpo , s The City's licensing provisions dif er from its zoning provisio �S in that they � dea with adult uses only in the co text of broader categories. For example, the e are no specific regulations a plying to "adult movie thea �es." How ver, there are licensing provis'ons pertaining to sex-orien �d films shown � by ovie theatres. li The zoning and licensing regulation are summarized in charts o Ithe following � pag s. � �' I � � I �� i I � I I � ' � I I � � � � 11 I i � � � ZONING REGULATIONS PERTAINING TO ADULT ENTERTAINMENT IN SAINT PAUL � Cited in Defined in Public � Zoning Zoning Zones Where Distance Hearing Category Code Code Permitted Requirements Notice � Movie Theatres Yes Yes B-3, B-4, Yes Yes B-5, I-1 � Bookstores Yes Yes B-3, B-4, Yes Yes B-5, I-1 � Massage Parlors, Yes Yes (1) B-3, B-4, Yes Yes � Saunas, Health B-5, I-1 Clubs Conversation/ ' Yes Yes (2) B-3, B-4, Yes Yes � .Rap Parlors B-5, I-1 � Live Entertain- Yes Yes (3) B-3, B-4, Yes Yes ment B-5, I-1 � Notes: (1) "Massage Parlor, Sauna, Health Club" is specifically defined. � The definition states, among other things, that this type of establishment is licensed under Chapter 412 of the City Legislative Code and restricts minors by virtue of age. . (2) "Conversation/Rap Parlors" are specifically defined but no "adult" � distinction is included �in the definition; "adult conversation/rap parlors" are included as example of "adult uses" . (3) "Adult cabaret" is specifically defined. � � � � � 12 � � . . �'�=^- �/ � � STUD ES OF PROBLEMS RELATED TO ADULT ENTERTAINMENT--UNITED STATE � � � There is a well-established relationship be ween sex-oriented adult entertaimm �t and neighborhood social probl ms in the United States. N' erous � cities hav studied this problem and have concluded that typically prop rty values are lower and crime rates are highe in the immediate vicinity adult businesses Among the more prominent stud es of this problem are thos � of Phoenix (1 79) , Indianapolis (1983) and Lo Angeles (1984) . The resul S of � these stud es are summarized below. �, Phoenix In Phoenix, the Planning Department publis ed a study entitled "Relati ti of � Criminal A tivity and Adult Businesses" (M y, 1979) which showed that �rrests for sexual crimes and locations of adult b sinesses were directly rela d. The study ompared three areas containing dult uses with three contro areas that had similar demographic and land use haracteristics but no adult � � businesse . The study concluded that, on average, in t e three study areas, proper y � crimes we e 43 percent higher, violent cri es were four percent higher ' and sex crime were over 500 percent higher th n in the control areas. Mo eover, the study area with one of the city's high st concentrations of adult businesse had a sex crime rate over 11 ti es as large as a similar ar a � having no adult businesses. Finally, 89 p rcent of the reported crime of indecent xposure were committed at the a dresses of adult businesses. ` Indiana o is � In 1983, he City of Indianapolis researc ed the relationship between �dult entertai ent and property values at the ational level. The study w �s based on a 20 p rcent random sample of the nati nal membership of the Ameri an Institute of Real Estate Appraisers and a sampling of MAI (Member App iaisers � Institute members who practiced in 22 me ropolitan areas. The resul 's of this su y are as follows: � l. Survey respondents overwhelming y (80 percent) felt that an 8dult bookstore located in the hypoth tical neighborhood describe Iwould have a negative impact on resid ntial property values of pr ises located within one block of the site. � 2. Seventy-two percent of the resp ndents also felt that there iwould be a detrimental effect on commerc al property values at the s e one � block radius. 3. This negative impact dissipates markedly as the distance fr the site increases, so that at thre blocks the estimate of neg tive � impact decreases by more than o e-half as judged by the nwn er of respondents indicating negative impact at three blocks. � 15 � . � Los Angeles A 1984 study done by the Los Angeles Police Department investigated the � relationship between adult entertainment and crime in the Hollywood area. The study indicated that in 1969, there were 11 sex-oriented adult entertainment �� establishments but by 1975 the number had grown to 88. During the time period from 1969 to 1975, reported incidents of "Part I Crime" (i.e. , homicide, rape, aggravated assault, robbery, burglary, larceny and vehicle theft) in the � Hollywood area increased 7.6 percent while the rest of Los Angeles had a 4.2 percent increase. "Part II" arrests (i.e. , other assaults, forgery and counterfeiting, embezzlement and fraud, stolen property, prostitution, narcotics, liquor laws, gambling and miscellaneous misdemeanors) increased � 45.4 percent in the Hollywood area and 3.4 percent in the rest of Los Angeles. � � � � � � � � � � � � 16 � . � � STUDIES OF PROBLEMS RELATED TO ADULT ENTERTAINMENT--TWIN C �IES � � In re ent years, there have been two ystematic statistical studi s of the relat onship between adult entertaimm �t, crime and property valu s in the � Twin ities. The first study, publis ed in 1978, focused on Sain Paul and invol ed the Division of Planning and the Minnesota Crime Control Planning Board. The second study, published i 1980, examined conditions in Minne polis and was done by the Minne ota Crime Prevention Center in � coope ation with the Minneapolis City Council. The results of th se two studi s are as follows: � Sain Paul The aint Paul study combined sex-ori nted adult businesses with lcohol- � orie ted adult businesses possessing liquor or 3.2 beer license ,during the stud period (1970-1976) . For this r ason, none of its conclusio s apply to sex- riented adult entertainment as separate category. Neverth less, the . � foll wing conclusions are notable: 1. There is a statistically si nificant correlation betwee the � location of adult businesse and neighborhood deteriora ion, as measured. 2. Adult establishments tend t locate in somewhat deterio ated areas. � 3. Additional relative deterio ation of an area follows lo ation of an adult business in the area. � 4. Crime rates relate to the stablishment of adult busin Sses in a threshold fashion. There 's a significantly higher cr e rate associated with two such b sinesses in an area than is associated � with only one adult busine s. 5. Housing values also relate to the establishment of adu t businesses � in a threshold fashion. ere is significantly lower alue associated with three such businesses in an azea than s associated with only one adult busine s. � Min ea olis � The Minneapolis study examined sex- riented and alcohol-oriente adult ent rtainment separately. Using bo h simple regression and mul iple reg ession techniques, this study c ncluded that sex-oriented b inesses have � a g eater number of significant rel tionships to high crime rat �s and low pro erty values than any other type of adult entertainment esta lishments ex ined. � � 17 � � In the Minneapolis study, the relationship between sex-oriented businesses and higher crime rates was especially strong. The association between sex- � oriented businesses and lower housing values disappeared, however, when other factors were taken into account. In addition, these businesses were quite strongly related to the percentage of vacant commercial properties, which is � often used as a measure of a declining commercial area. However, the study noted that these associations alone are not evidence that a sex-oriented business locating in an area causes other businesses to leave or property � values to decline. Alternatively, these associations may indicate that sex- oriented businesses locate where property values have already fallen and demand for commercial space is weak enough to permit them to compete successfully for space. � � � . � � � � � � , � � � � 18 � . � � . SAINT PAUL--RECENT PROBLEMS RELATED TO ADULT ENTERTAI NT � � Saint Paul has continued to experienc social and economic proble related to adult entertainment. Essentially, th se problems stem from prost'�tution which has b en associated with adult entert inment in two ways. First, there have � been ersistent problems with street rostitution in the area of iversity Avenu and Dale Street. Secondly, th re is strong evidence that ostitution somet mes occurs within Saint Paul's dult health clubs. � Unive sit -Dale Nei hborhood Problems � In Sa'nt Paul there is one neighborhoo that has an especially hea conce tration of adult entertainment e tablishments. The blocks a �oining the inter ection of University Avenue and ale Street have nearly 25 p rcent (4 out o 19) of the city's adult uses, i cluding aI1 of Saint Pauls' � adult � bookst res and adult movie theatres. s in other American cities, ',the growth of adu t entertainment in this neighbo hood has accompanied signif icant social and ec nomic decline. , ,� The Th mas-Dale District (Citizen Part cipation District #7) is th district that h s been most affected by adult e tertainment in the Saint Pa . This � distri t is generally bounded by Unive sity Avenue on the south, th Burlin ton Northern railroad tracks on the north, Interstate 35-E o the east and Le ington Parkway on the west. The neighborhood has suffered s 'rious proble s in recent years and is in many ways the most distressed ne ghborhood � in the city. Indicators of distress in this neighborhood include t e follow'ng: � - Highest unemployment rate in he city (1980: 9.6 percent . 4.7 percent in Saint Paul as a wh le) � - Highest percentage of families below the poverty line (197 : 19.2 percent vs. 8 percent in Saint Paul as a whole) - Lowest median family income (1 79: $15,090 vs. $20,743 in aint Paul � as a whole) - Lowest percentage of high scho 1 and college graduates (hi � school � graduates in 1980: 52.6 percen vs. 72.4 percent in Saint �ul as a whole; college graduates in 19 0: 5.7 percent vs. 19.8 per nt in Saint Paul as a whole) � There is evidence that many of these pro lems are related to adult entertai ent in the following way: � concentrations of cer ain types of adult entertainment near esidential areas .� � street prostitutio , potentially dangerous patrons of adult businesses � other cr mes � 19 � � Currently, the Police Department maintains that Saint Paul's street � prostitution is concentrated in the area bounded by University Avenue on the south, Charles Avenue on the north, Victoria Avenue on the west and Western Avenue on the east. � STREET PROSTITUTION ZONE '"""' ,oo - � °'� � „� �� OC] lO� L�o�1 vl ��_,�`—f '."'°°°]�O�CO��J �o ° !�.... r�� "�"""�oo OOD�O�O�ao� w.�,�o0 000000�0❑00� � � ` �� ,� �oo❑00000�oo❑oo❑f� �o� ,�,,, �00000�000000❑❑O�LI �'--J�O�a�d� , '. �o0000000000maoo❑❑� � 0 """` �o000 o❑a❑oOUC1D� } � � '"� �o00 .. .. .. .. .. .. .. ❑o❑o � `"`"'�o00 . .. .. . 0000�a❑�� ' '""°"'" � .--,r--, ' ....,,..-.,--'.- --�=�-��'�7 0[��,n•n r � � � � � � � i � � � � � � � � �� t � 1 ��w. Police statistics for 1986 show that, out of 279 prostitution arrests at � identified locations, 195 (70 percent) were within the "street prostitution zone" . Moreover, all of the locations with ten or more arrests for ' � prostitution were within this zone. It is further notable that the five locations with the highest number of arrests were on University Avenue, within three blocks of the adult uses concentrated at the University-Dale intersection. � PROSTITUTION ARRESTS IN SAINT PAUL--1986 � (Data Source: Saint Paul Police Department, Vice Unit) Locations of Arrests � Within "Street Prostitution Zone" : 195 � Outside of "Street Prostitution Zone" : 84 279 Location Not Identified: 43 � 322 � Locations With Ten or More Arrests University - Grotto: 33 � University = Arundel: 31 � University - Avon: 19 University Kent: 15 University - Dale: 12 University - Mackubin: 10 � Sherburne - Dale: 10 Sherburne - St. Albans: 10 20 � . � � It ' unclear to what extent clients of street prostitutes in th 's � nei borhood are the same people as he patrons of the adult bus 'nesses in the nei borhood. Apparently, the two a tivities are often separate but occur in the ame neighborhood due to its "se for sale" reputation. Nev 'rtheless, � ther is evidence that patrons of ad lt businesses do pose otherltypes of thre ts to the University-Dale neigh orhood. � Resi ents in the University/Dale are report frequent sex-relate harassment by m torists and pedestrians in the eighborhood. Although it c not be prov d that the harassers are patron of adult businesses, it is �easonable to � susp ct such a connection. Moreover neighborhood residents her ', submitted evid nce to the Planning Commission n the form of discarded por ographic lite ature allegedly found in the st eets, sidewalks, bushes and �lleys near adul businesses. Such literature i sexually very explicit, ev t� on the � cove , and under the present circums ances becomes available to 1Lnors even thou h its sale to minors is prohibi ed. � Fina ly, there is an increasingly se ious crime problem in the a ea around the inte section of University and Dale. In 1980, the four police q drants surr unding this intersection accoun ed for 5.7 percent of the re orted offe ses in Saint Paul; by 1985 the igure had risen to 6.1 perce t. A - � nota le aspect of this situation is at in the two quadrants nor h of Univ rsity Avenue the number of crim s increased from 1,091 to 1, 11 during the ears 1980 to 1985. Similarly, e northern area's share of otal � offe ses increased from 3.3 percent i 1980 to 4.0 percent in 198 . In cont ast, the area south of Universit decreased its total number of offenses from 792 to 617 during this time peri d. Its share declined froml2.4 percent to 2 1 percent at the same time. The following map and table con ain details � conc rning offenses in the four polic quadrants surrounding the Univ rsity/Dale intersection: � POLICE TEAM AREAS IN THE UNIVERSITY-DALE NEIGHBORH00 � ""'""� s ----- � ; o �� ~ � �� { lr � � � : ° '� � g "°" " �. � ■ . ,.o r y`. ''°� . !..... � � � � .R � ! �... •�a s ti � i E �y ` fi 88 89 i 4� � r � 'J ucw� ��( � � � � � ! W �� w ' � 'y + ..k�q n "'�� x`�' `o � o , a � � ° �� ` � � �° i ,�e� � ��.. � ae,e�#� �e.. r x'� • � k � � � m �� y � Y� � � i g+�� --- e ° � 9 � T� a Y � P � � � 9 P � �,`� � `,b�.��. .� 21 l . � REPORTED OFFENSES IN THE UNIVERSITY/DALE AREA: 1980-1985 � (Numbers in Parentheses = Percent of City Total) � 1980 1981 1982 1983 1984 1985 134 1 177 1 003 1,036 1,211 � North of 1,091 1, , , Intersec- (3.3$) (3.4�) (3.6$) (3.4$) (3.5�) (4.0�) tion � South of 792 811 840 633 580 617 Intersec- (2.4$) (2.5$) (2.6�} (2.1$) (2.0$) (2.1$) � tion Total for 1,883 1,945 2,017 1,636 1,616 1,828 � Univer- (5.7$) (5.9�) (6.1$) (S.5$) (5.5�) (6.1�) sity/Dale ` � Saint Paul 32,792 33,059 32,971 29,907 29,278 30,050 _ icide ra e robber a ravated assault, � Notes: Offenses consist of hom , p , y, gg residential burglary, commercial burglary, theft, motor vehicle theft, arson, and vandalism. � - Data derived from "Offense Summary Report, 1980-1985" (Saint Paul Police Department, Crime Analysis Unit) � - North of Intersection = Police Team Areas 88 & 89 South of Intersection = Police Team Areas 108 & 109 � The recent decline in crime south of the University-Dale intersection has paralleled a decline in street prostitution in the same area. Prior to 1980, street prostitution was a growing problem south of Univ.ersity Avenue. For years, neighborhood residents complained that their streets were frequented by streetwalkers and their clients who were attracted to the area by the adult � entertainment establishments concentrated there. By the early 1980s, there were frequent reports of neighborhood women being propositioned and harassed by clients, and of sexual liaisons occurring in garages or yards in the neighborhood. � A key role in dealing with this problem was played by the Aurora-Saint Anthony Block Clubs, an organization of residents between University Avenue and � Interstate 94 near Dale Street. Faced with increasingly serious neighborhood prostitution problems, members of the Aurora-Saint Anthony Block Clubs organized demonstrations in 1982 to make known their displeasure with the � situation. They began shadowing prostitutes and their customers, taking pictures and recording license plate numbers of inen who were frequenting the adult businesses, searching back yards, alleys and garages, and prevailing 22 � ' � � upo landlords to evict tenants tho ght to be prostitutes. The iorganization � als met with Mayor George Latimer nd successfully requested a itional pol ce patrols in the area. � Alt ough crime rates are a function of many different variables it is clear tha the actions of the Aurora-Sain Anthony Block Clubs have b �en an imp rtant factor in combatting pros itution and lowering the cr'tne rate in the � nei hborhoods south of the Universi y/Dale intersection. But a successful as the Aurora-Saint Anthony Block Club have been, their activitie also point out the need for a city-wide soluti n to the problems caused by sdult ent rtainment. The neighborhoods i the Aurora-Saint Anthony a ea have � exp rienced a decline in prostituti n and other crimes, but the e is evidence tha much of this activity has simp y moved to other parts of t city, often int the area north of University A enue. Citizen action north f University, . � alt ough vigorous, has thus far bee less successful in combatti g street pro titution. � Ove all, the situation near Universi y and Dale has created a pe ception that thi is an unsafe area to be in. Ev dence of this perception ha been gat ered by the Western State Bank, ocated at the corner of Uni ersity and Sai t Albans, across the street from an adult bookstore. Althou h this bank , � is ommitted to working in the neigh orhood where it is located„its efforts to ttract employees and customers h ve often been frustrated bylpeople's per eption of the neighborhood. � In 983, Western State Bank hired a esearch firm to survey areairesidents - reg rding their preferred location f r a bank and their percepti ns of dif rent locations. A sample of 30 people were given a list o locations � and sked, "Are there any of these 1 cations where you would not feel safe con cting your banking business?" e results of this survey w re that 36 perc nt said they would feel unsafe anking at Dale and Universi while no � more than four percent indicated the would feel unsafe at other '�,suggested loca ions. The details of responden answers are as follows: � � � � � � � 23 � � QUESTION: ARE THERE ANY OF THESE LOCATIONS WHERE YOU � WOULD NOT FEEL SAFE CONDUCTING YOUR BANKING BUSINESS? AGE OF RESPONDENT � 18- 25- 35- 45- 55- 65+ Don't Know/ � LOCATION Total 24 34 44 54 64 Over Refused Dale & University 36� 46� 32$ 33� 468 33� 38$ 50$ � Rice & University 4$ 0 6� 0 0 4� 5� 0 � University & Snelling 3$ 0 7� 2$ 0 2� 1� 0 � Grand & Victoria 2$ 4� 2$ 0 0 2� 1� 0 � Rice & Larpenteur 1$ 0 0 2$ 0 0 1� 0 � None 52$ 46� 50$ 59$ 54$ 57� 47� 50� � NUMBER OF RESPONSES 305 24 82 46 28 49 74 2 . � Prostitution and Adult Health Clubs Prostitution problems in the University-Dale neighborhood are land use � problems. That is, they occur on the streets outside of the adult businesses in the neighborhood. A different type of prostitution problem sometimes � occurs within Saint Paul's adult health clubs. Police in Saint Paul receive frequent complaints that adult health clubs in the city are fronts for prostitution. Until recently, this was difficult to � prove because an arrest at one location seemed to activate a warning network which made it impossible to arrest violators of the law in other locations. On December 16, 1986, police confronted this situation with a simultaneous � sweep of the ten adult health clubs in the city where prostitution was suspected. Because of the simultaneous nature of these actions, police were able to take action in nine of the ten raided clubs. According to Lieutenant James Frank, head of the police department's vice squad, "That makes it quite � obvious that we do have a problem." However, it is important to recognize the difference between the nature of � prostitution associated with adult businesses in the University-Dale area and prostitution allegedly occurring in the adult health clubs scattered throughout the city. Street prostitution has an adverse impact on the 24 � � � neighbo hood in which it occurs but it pparently is beyond the con �ol of the � adult b sinesses which are located in t e neighborhood. Thus, a zo jing remedy would s em appropriate for this type of problem. In the case of ad ILt health clubs, here is little or no direct imp ct on the surrounding neigh �rhood but � prostit tion would seem to be controlla le by the proprietors of th ! health clubs. Thus, a licensing remedy would e a more appropriate way to kieal with this t e of problem. � � � � � , � � � � � � � � � � � 2 � � f � . � � . ALTERNATIVE ZONING STRATEGIES OR DEALING WITH ADULT ENTER AINMENT � � Sai Paul currently may choose amon three basic alternative zo ing stra egies for dealing with the land use problems associated wit adult � ente tainment. First, it may retain the current provisions of t e Zoning Code. Secondly, it may adopt an ame dment to the Zoning Code pr �osed by Coun ilman Wilson. Both of these al ernatives are variants on a '' "dec ncentration" model of zoning fo adult uses. Some cities, ncluding � (rec ntly) Minneapolis, have concent ated adult uses in a single,' centralized zone Therefore, a third alternativ which Saint Paul may consi �r would be the inneapolis model. � Alte native #1: Retain Current Zonin Code � -Des ription: The provisions relating to adult en ertainment in the current Z ' ing Code . � wer adopted in 1983. Prior to tha time, the Zoning Code did t deal spe ifically with adult uses. Unde the current Zoning Code, a lt uses are lim ted to the following zones: ! - B-3 (General Business) and -1 (Industrial) , sub�ect to special conditions including: 1320 adial feet between individu '� adult uses, 200 radial feet betwe n adult use and any residen 'ially zoned � property (may be waived und r eertain circumstances) ; - B-4 (Central Business) and -5 (Central Business Servic � subject to � special conditions includin : 300 radial feet between i �lividual adult uses, 100 radial feet between adult uses and any �sidential use. � � � � � � � 7 � � •� � � � �� s��d�o��' �� \� � �_ � � � :�r�►�� s a�� I �► � � �� . �� 1�11 : _,,� � � �,� , �� •- �� d..r��_ .., ��.��`� � ��. . .�� 1��1��r�� r ■��■ � � .�.�� i��:.��ri��11_►:.;•;;� �°� � ��\�� s��a-� .•.....•. ��.�� .�..... � ..::.,.:_..�.�...�_ . •:;:�•••��, � V�� ,��••'�� r� �■ �11��■��ii-'''-��-� _-�.:_:._�.�__-_ , � /�� ._.-� ,��,.l��,.... �I��■.�.� � , . � . ,r � ► , .� � ��■ . � . :��-� , �s � �� .� , � � ,, �., . . . , .. . . . _ _ . , . , � . %!.��•. ..!. �•�� f��4��4 � / �� 4� r.`ii!�.s ��►�i,;I�st.��' 4, �.�;x � �r��'�} � � �� \; .��' .��1��'��'��'��•�. � ~��:/ �±�'��'� �� ;�� .�,�� ;-, � ��i�.��' , ��h� � ,,�—�a�<�-��,h�:��►.�l�i��.�,�... � � �b?n- ,o:''''" .F,��•�� ~��`,x �� .�::: � ��-� ?� ,r .- �'".` �!!'��,�►�� , ��.. ��► ;�r , , � -Evalu tion: � I It is difficult to evaluate the effec iveness of these provisions ecause, techn cally speaking, no new adult bu inesses have legally been es ablished � in Sa nt Paul since 1983. The intent of the current provisions i ! not to disco rage the establishment of adult businesses but rather to pr tect citiz ns from the land use impact of uch businesses. (Note: The �ity � maint ins that the Playboy Lounge beg n operating illegally as an jadult estab ishment after 1983. This claim is disputed by the owner of !the busin ss. Also, several bars have be un offering live adult ente ftainment since 1983, although several other ba s have ceased to do so. Th '� Building � Depar ment does not currently interpr t bars to be "adult uses.") ' Howe er, there is indirect evidence t at the spacing requirements !of the � curr t Zoning Code may not be suffic ent. Under the current Zon �ng Code, thre adult businesses at the Univers ty-Dale intersection are le al nonc nforming uses. But if no adult usinesses existed nearby, t ere would � be 1 nd southeast of the intersection that would conform to the r quirements � of t e current Zoning Code. It is pl usible that a large enterta nment comp ex in this space would create th same conditions that have �rought prob ems to the neighborhood in rece years. � The eighborhood around the Universi -Dale intersection currentl suffers the ost serious land use problems a sociated with adult uses. e large � mark t for adult entertainment creat d by adult businesses has a arently also created a market for the servic s of prostitutes. These pr stitutes avoi the premises of the adult busi esses and instead work the �reets of the urrounding residential neighbor oods. If, as is possible, large � adul entertainment complex southeas of the University-Dale int lrsection were to create the same problems, on might reasonably conclude hat a lar r buffer zone between adult use and residential areas is r �quired than � tha now specified by the Zoning Cod . Alte ative #2: Wilson Pro osal to Li it Adult Uses to Industrial -Zoned � Dist icts -Des ription: � The proposed amendment to the Zonin Code would limit adult book tores, adu t movie theatres and adult live entertainment to the followi g zones: � - I-1 and I-2 (both Industria ) subject to standards incl ding: 1320 radial feet between individ al adult uses, 1320 radial eet between the adult use and any resid ntially zoned property, 132 radial feet � between the adult use and a y residential use, 1320 rad 'al feet between the adult use and a y protected use (house of w rship, day care center, public library, school, public recreation 'enter and � public specialized recreati n facility) , 50 radial feet !between the adult use and any retail or service establishment deali g directly with consumers. � - Note: adult bookstores, mo ie theatres and live entert nment would no longer be permitted in -3, B-4 or B-5 zones. � 29 � � � i WILSON PROPOSAL: AREAS WHERE ADULT USES PERMITTED � '_4""; wv�.f �� _____ E�% ; � �, ' * � ,�aa � �� .,. � I�'� .4 p --- \ `°a - a � a - 't �'� � � �� 4 � � � S �e �� 4 �wo.w� � N � ,,�o�� f p � G � X � f y v.aA� � T a � d .\ � � � �. k �w� _ � A � �p Y�q `'A a. ,1i� �ur� F ( � I� �" s � d `.�! � ° 9 �'° � 5 a � � ,d� �„, �„, �x n � ` �a 0 ,`; r� ° � � � � :;� x wWrx�wt � G . � i� � i m ��... � � P � '� "6. � g°�€ e --- � ! p � � '" ._ . . � a o �" ," ,Q� ■ ° ° � �° � °• § i;� �� , �! � '`�p _%/� / `� � � — \,� \b..--�- -. .: CHARACTERISTICS OF AREAS � ELIGIBLE FOR ADULT USES UNDER WILSON PROPOSAL Acres of Street Frontage Absolute Relative � Area Land (1) (Feet) Site Capacity (2) Site CaQacity (3) 1 7 0 1 0 � 2 100 16,400 7 5 3 2 0 1 0 � 4 3 0 3 � � 5 1,040 51,000 32 17 � Total 1,152 67,400 44 22 � Notes: (1) Acreage estimated using„Bruning Areagraph (90 percent accuracy) . � (2) Absolute Site Capacity - number of adult establishments that could fit on the land within the limitations of the Wilson proposal; calculated without regard for existing infrastructure, � existing development, or suitability of land for development. (3) "Relative Site Capacity" = number of adult establishments that � could be located on existing street frontage within the limitations of the Wilson proposal; calculated without regard for existing development or suitability of land for development. � 30 . � � . ' . � -Eval ation: � The ey feature of this proposal is he expansion of the buffer tween adul uses and residential properties from the current 200 radial feet � (out ide of the Central Business Dist ict) to 1320 radial feet. is prop sed change squarely addresses th problem with the current p ovisions ment'oned above. That is, it deals w'th the fact that the curren spacing � requ'rements could permit a situation similar to that currently e perienced in t University-Dale neighborhood, The Wilson proposal would 1 'ssen the likel'hood of this occurring in any r sidential neighborhood by g eatly � incre sing the spacing between adult ses and residences. 1'he si � of the buffe zone (1320 feet = 2 1/2 blocks is appropriate in light of � natio wide survey of realtors which i dicated that the negative i act of adult uses declines significantly at distance of three city blo s (see � page 5 above) . Altho gh it is somewhat unusual to con ine a particular type of co ercial � facil ty to industrial zones, there ar good reasons for doing so n the case f adult uses. First, adult uses are similar to some industr al uses in th t they have a negative impact on the residential environment '�and are thus i compatible with residential use . Secondly, it is only wit in � � indust ial zones that a 1320 foot buff r zone between adult uses a � reside tial uses can be created. Fina ly, there is already an ana pgous situat on in Saint Paul's Zoning Code. "Mission type uses", altho h � essent ally temporary residential faci ities, are permitted as a pr ncipal use in I-1 zones [Zoning Code, 60.612 (22)] . � A poss ble problem with this proposal i that even 1320 feet (2 1/2iblocks) might ot be sufficient to prevent "spi lover" completely. Indeed, ' accord' g to the Police Department, the prostitution that now cente s on Dale St eet extends for eight blocks fr m Victoria Street to Wester ' Avenue � (i.e. , our blocks on each side of the niversity/Dale intersection ',. Neverth less, 1320 feet is close to the maximum buffer that could b created in Sain Paul. If the buffer were expa ded much beyond 1320 feet, � feasibl sites for adult uses would rem in in the city. This pr posal also involves a tradeoff. The city would gain larger uffer zones b tween adult uses and residential uses. But in return, the l keiy � locatio s for new adult businesses will e confined to two or three arts of the cit . Under the current Zoning Code there are a variety of per itted sites t t could be attractive to propri tors of adult establishment '. � Under th Wilson proposal, one area beco es particularly attractive �lative to other options. The stretch of Univer ity Avenue between Transfer oad and Pill bury Street is an area which, a though industrially-zoned, s � partly a commercial strip. One might re sonably expect that a propri tor of a new ad lt establishment would try to lo ate there if the Wilson pro osal were pas ed. Other relatively attractive sites could be found north f Universi y on Vandalia Avenue. � The magn'tude of the above tradeoff shoul not be exaggerated, howeve . During t e past ten years, the number of dult businesses in Saint Pa l has � steadily eclined from 30 in 1977 to 24 i 1982 and 19 in 1987. Thus ' market tr nds suggest that there will be ew new adult businesses establish d, regardless of whether or not the Zoning Code is changed. � 31 � ! Moreover, the Wilson proposal offers some real benefits even to the � neighborhoods close to the University/Vandalia intersection. The Wilson proposal would ensure that any new adult establishments would be considerably farther from residential areas than is the case under the current Zoning Code. A corollary of this fact is that the Wilson proposal � could make it more likely that a smaller number of adult businesses would locate at the western end of University Avenue. Under the current Zoning Code, the western portion of University Avenue provides numerous relatively � attractive, legal sites for adult businesses. Currently, adult uses could locate virtually anywhere on University Avenue between Fairview and Saint Paul's western city limits. The Wilson proposal considerably limits the � number of possible locations in this area. The Wilson proposal would permit adult uses on a total of nearly 1,200 acres of land in Saint Paul. However, under this proposal, several factors would � likely discourage future adult uses from locating anywhere other than in the area around the University-Vandalia intersection. In general, much of the land either has low development potential or is already devoted to well- � established, high-value facilities. The following is a summary of some of the relevant features of each of the areas delineated in the above map and table: � � Area 1: Includes part of an industrial facility located largely in Minneapolis. No street access from Saint Paul. � Area 2: Includes commercial facilities along University Avenue and warehouse-type facilities along Vandalia north of University. � Area 3: Part of Ford Motor Company plant. Area 4: Mostly wetlands. � Area 5: Largely consists of the Saint Paul Downtown Airport, the Metropolitan Wastewater Treatment Plant and the Riverside Industrial � Park (lease control by the Port Authority of Saint Paul) . Land north of river approximately coincides with the route of a proposed new road (East Central Business District Bypass) . � As the above description suggests, there is actually a continuwn of types of sites available for adult uses under the Wilson proposal. Some could be � obtained fairly easily while others could not reasonably be obtained in the near future. In particular, two large portions of Area 5 would not likely be available for alternative development in the short run--the Saint Paul � Downtown Airport and the Metropolitan Waste Water Treatment Plant. The land occupied by these facilities is illustrated in the following map of Area 5: � � 32 � . � � . . ,�`,�� PORTIONS OF EA S ELIGIBLE � FOR ADULT U ES--EXCLUDING AIRPORT, WA E WATER PLANT � l �— t f\ ',� r ..�fr� _•' — �� '' — � _ '. .. �- � � � � — m ��. 1 f1"'"� �� }'Cjs-- �t �'� a �w + � ` , . — � m�. �----.. t y� � �„� /. �_ �jo� )'� — _ -�-�.��— _ —� -�nk y� `�,�. , x ,��'/ '�,�:. t E�'�/d \�,.� ��' _� ��"�5' - r •� � -. �--- � -� � s,�(�'��y\ // , j �•� _ --� , , � � - - e� y \ -.;^'\ /�' .N � .. /� . p . � �� _ .„F ('.f�' ...t � ..✓r'�\��%//�` �� v.�.Z.�4 __°— __ _ l_. `--�_. . ) : Z // ' \ _ , �_ >t.'p��.��ya`�..�i.� � '`�,. �]° _� i �- , f, . _ �; _...._ i� . -_ ��.; ``�\:.. .J� --.. . �b � .�..-r ...��T+ _ _ .__ -�c � ". /� --- � '-� _— �:: � *� �o\� �> s;i., -_-�� •T _ .. I � � .., ��JVvi � . ..� ��. 4 ._ ; �_ ,\;� :; . ,,: . � � '� .,s'� �'� ---..._ �"" � � � 1 . . ._.� . , , , ._. --�� ,r i � , ��'... . �� ;.lu° .1.. � �: , %�� G � �A , � � r��.•A�/ ' _... . . �:�\\\ � -�` I /i/ � i�,� � / 0 ✓ }n'�� \ � � �/ �� ,�° c. ��:A. � '�-,� �� _ � ..:,,,�` ; / �' ,� "L� � ° q C - �,. a - � .. � � - _ _ -- �h:<� _ - . ' 'i=�4 � � __��. �� - , . , - �� . i�� -�- i� - �ti� ��,� � _ � ' �'� ..� .�:_�i ��'�� ?� �� q`. ' -��\}�' ,q ��; . g yz4� { �'.r.:.f� �' �V.F 7'� .�"�.� �CjL�`- �'3, _ _ ��'J�� W '� ,a � Y � '� _ -S?� _. t �i� ' � �� - -� �s�� F� � �� ,J Q J , �� - � - � ; � � �� _E '-=�r� ,"' - - ��f=�`.��'�-��.r` `°`} ._y..._-- �� . _ � � A: Airport W: Waste Wat r Plant � It sh uld also be noted that Area 5 w uld be diminished if, as is lexpected, two o her substantial zoning changes ccur in the near future. F'�rst, the likel rezoning of some riverfront la d for residential purposes buld reduce � this and area. Secondly, proposed s fety zones for the airport uld prohi it development near approaches o the runways. The followi g maps illus rate what these changes would i volve: � � � � � � 33 � . - � EFFECT OF OTHER ANTICIPATED ZONING CHANGES � . .... � � ��F T � _ - _ �=-� --�� — ,�--�r- �;c� - 't "_� .:.�- �f: �,,,�} - m�, - _ _ � � i i`�'�� _.. s , > _ � �---�� _ . _"� . ' � a.°_ ° �. �.� — �`��. – -- � �- � _id� �'' �' `f, ' .� r ��'. – V �� _��, �/ I� �J I �� ' �f�,..0 e�� -�� 4.,,- _�._,�rF'� ��_ . . _ � =� � ��1 , \� = v � �,��s� ='T'- -�,��F � �� ,� J �� .• — � = fL_.�—��`� r i_ ,. � � .-..,�� /e � ti; ��;C:? ... .� � � � � 1�� v . � ,�°s" _ �°m� �._ ^�� ak�pf�'f��y,�•k.� �• <v�t�� _� - i .n f L' �� `,�� /-�j . , - � 'ho�r! � —r�,7 , — _._.— . J�� J.�— ' �� .Ni . �°¢ � . .. �, � . ,. 1.�� :�,� ��j�'°�, ��j_ ' � ' • � �`, 't,�;,� :. , . -,. � , . -- • �� 'r ... - : �`� !; f ��)oF �`C - , � - ' <.� /e..�� 1. ' , ' . / � ��f� __._. . . , �, � _�I�� ,;�i,� — - _ \\ � .v� �. �� BEFURE . `� ;;�,_�_ �--,--� � ,, _��; _��,. �, - �::. .,;� ;. !� ,,. —�; � �., - — - 1 �°�:. . -- � ,_�� =� f ;► � ` — �,�' _ , y-,� _ '\ — � _�� l - � `\.., ' .�� "= a '� 4�" h--�= `\` \ \ lf: — L - __�`' , — 3IT� - LL�";'�- � �:. � %, k � � e`'-` �� . ' � y I_� ,� � '�J-i �3 �� ;, 1?� y - =--3� —_ ��\� . r.- — ,�� __ - =a��f1---.e :�- � li `,`j• . L��. �- �, �.:�� —- c-- \ q�'� . I , _. � , _u = _� - � � .. .. el�.�T.`� � -e�. iri '��`_�-j. � .. . .�.. � .. -�� .��-�.�._._�3��........__— �"�� . . � �. �� ------ ---- -- --- '--� - - --------- ----- --- ' - .. -"-��-�--- ... 4 \..` � -� fr -'�. _—� ?-=3Ea_� t�� '--� ' l � 1� � b � . �t ��,"� �"�` y� - � — --�F_� �..... �� - - -,'� �51��" -.� ' i � - � � . � �1 k � �- + � ��e��}'�� _ �_��' � ---- 'o e �� =�N�w��_ -, ��. E'��4��-�-•- '—��`:�'� '�� _ -_ � --�� 't:� '_ `F`:� '.4��.'�J`, _� � ....s . .'f e� � � :._�. .. � t < •\/�'`��,.��/ ,r�� ' 5,�. 1� �4C�-- ��r �'� al\l� .,�,� �� a ,, i�� °— a �– _ – ��'!T''"r�'�� ✓:� -- `\;��—� '� � �L �� C, _ :f<�� T._ .._� ..__ � _ . . � .• � \\ \\�� -� �+`� J�l'.�'��Q�� ' � "' �� .. b �_`i�``�'° �—� :'�� ♦ `? �✓ �'y- , ' _ ' , �� __.," a. ��s ,`u ` -�� w / – —, � �� _ � T��1 � � ��, °��.�/ � , � ; :� i r;1�� AREA 5 T '_ � • ✓� � �� - - ' ., 0�.. ' o . - <_..__ ' '� � - .._� AFTER �� : �- ;,. , ,. � /, ��_�, ��:�� .�,. �, �--��_ �,' �� ••:,,�` ,� ./ V � =� ��,\�� 1, 6 -�� , �. � ��. � �Ir .;: � i= � z�� ,- ��:z . ,. _ �'�.� —��'��?�� :. �� ;:; i '�' " �t -� �a.�. I �� -�� f� � Y.� � ,` �-7S�T-'��G�,—J'� �� ` �/ - \\ 4 � � 1 ' �� . � ��/ •��... \' ��"��L�� t 9� �, � ��`_ I� i. - �� _��,,, �� '�V �, / .� +-r� � C�_�." s =i -lc� '�� C� —r� �,' ' � _.. . _. _ u,��°�_�<� ��_� `°�c �� _......___ 1 `� , , \ \�, 34 � � � � In s ort, it is a complex matter to ummarize the total land are potentially avai able for adult uses. No single answer can be provided beca se eacH ans r is relative to certain assump ions. Thus, the following ummary table pro 'des four estimates based on fou different assumptions: � Total Abso te Relative Available Si e Site � Acres of Land Capa iity Capacity �1) (2 ' (3) � Incl din air ort No other rezonin 1040 4 23 g P , wast water plant � as e igible sites Other rezoning 520 2 I 15 � Excl ding airport, No other rezonin 686 3 18 wast water plant as e igible sites Other rezoning 226 1 ' 10 � � Note : (1) Acreage estimated using runing Areagraph (90 percen ', accuracy) . � (2) "Absolute Site Cap city" = number of adult est lishments that could fit on he land within the limitati s of the � Wilson proposal; c lculated without regard for �xisting infrastructure, ex sting development, or suita �lity of land for development. � (3) "Relative Site Cap city" — number of adult est lishments that could be loca ed on existing street front e within the limitations of the Wilson proposal; calculated ithout � regard for existin development or suitability f land for development. � Alte native #3: The Minnea olis Mode --Limit A ult Uses to Porti s of the Down own Area � -Bac ground: Sev ral American cities have chosen to remove adult uses entire ' from � pro imity to outlying residential n ighborhoods. This can be d e by lim ting adult uses to all or a par of the Central Business Di �rict. Bos on's "combat zone" is the first and most famous example of is str tegy. More recently, Minneapol's has limited many of its a lt uses to � its Central Business District. Min eapolis' approach to adult tertainment is specially relevant to Saint Pau due to the geographical cl Seness of the two cities. r � 35 � ' 1- � • • - c •• � � - � : • - - _ � • • . • � � - � - � i- • - � • • • - • • � - � - _ � • � • • - • _ • - . � � - _ � • � � � - _ n- � n- n - � . � • • • _ . - � _ �- 111 - - • - • - • - . . • 11 . - � • - - . - . . . . . . • . . �. • _ . .- . . . - n - . �n- . � - i . • - • - - - 1 � � n � • � - � _ • � • �' n. � � - • � - _ � � - . . - . - i - 1/1 - •n - . - • - . . 11 .0 . • - - . - • • - • _ . . � . - -� • . . - .•• • n. • . - . - - - - ' • • i -� • - - - 1 • - �. • . � �_ • � '� • 1 • �!'j m tIDU-�_-��'jt�/ � � i11=��3 u�==�•�=,'��F� � ��`?�G P�[E�_�___,_:�l.+�' ` �— ��s�\ii�'%► =c e=-=5_5� .,p'G� ii. .� ��` \\��f��. _= =�i�� i i �i � � /� �� !y q��r � ii i oi ��l �A�p �� '�"'� n11► �� //%i �ii��i:��/i� .�_ �� f.�``�S� "i. �� '�i��ii��°�i �i'%. ��` �j � 4 ,�'1♦ i / i � ' `iI i � Q��Ai�r��`�i�� i�0i� r`'� �, �,�� . �I\_ i� �� i �� i� � i 1t-��tia,iiu��h'��jq�/iqi��Gii��G�\��q�!.��i�� ` ��,�`s� �� i ,. �,',e•�',% mm�.:�: .n�n.��iq��Go �i)�%.•�i''� ij�,,�7 . �°iI�,� �, III`Illlh� IIIIIII�G, /��i-�ii 4 �ii;,i :y `�� ,/�j I/'�. � � �^�- / �`�d �i f /i // y .. �A'. � -mu-,u�.•�.nm um �ii,,�i�i� .,�o� i� .� �i L y �`,� ��t""�.111119111��io��i%i��51��y �� I ��,'J.��C' �: �- oi ij'�Y� . �: �.:•�� .� \ ��/��/i��I' �°l,�, � 9j��ry�<,+� � o �� , �;��"� ��°o�'�'��.`¢'��+!°r, �� •,;�.�-;-.,��,� ,.• ,.�,�,�, �� -f�--y�N� til �,t�\\�c�y��i@�n •`'*��:/ y;��'�//��' IY �'.� � ==t�i l'imm�=�� = ♦ 9'� �� <ir /��`�i\ �'.. �'u ,l_ � �ssi�' 'I`��'dD I� 1� �/a' '�' ',� .�^;•� F-�-..wuu �unu nun r�m O��O� •�i�`' �;y y� •• �. � �� ,.. �� 16�� 4�N u��u�, �� `�� i ryj �i . .�, � �i.��.;�.,• � lu f O�%O� ��I��7 SC/. ��pi/�i�i�� ,�� —�� Ilnll 111111 IIIIII "� \''� � � � 1 ♦ // 7 ♦ II;�Ill I�un1��H��0��'�p��Ijl� � y�I �•� 1�1� ��Ij�jli,��' WII11 III IIIIII IIIW!IIIIII�\� J��'y�/ I� �� i,�� /��/�•.,�w'!)�.�. a i u�•��} � \�'Hj'` %�':'Uj'',��p �i�•�X��'%'/ '•;,, %• + ,.� � ii h� i i i i� t, i i O �•1 �°��1�.� . ��ti��'��v iii��ij'�4ii��i� ��ii�i�, . � ,�r.,.:to; ��n��(�i��t�� i`iii. �/ ��♦ ij�li�i �% � � �i�'�/Ii �� ,y �� y �� . ��i�� ii � , �� i >�i �� v�� ir�/��°�� 9j�4i� ` /�� , ' ��• • Ai� � �,;�, ii.4 �� r��.��t!i iN i�3�� 1•�:•♦ r • iv �+Y�• 4 � fii ¢ ��P� .��. . ii�,.�,c >j /9�� t> •Lf�ii �/j�i m vv�i�..- ,� .•.,. . q�,.: o... ,j..,.�Z�, .,..i. i,.,,, -�• I ��6'a�� ''�!+��i!��I ��/'.�Ii� �� i�v qji J.>•-•Oi��ii�ii �� d��0��..�d�p�� ♦ .'!//��// y 64 ��Ki ��/ ��/I ��0��i ��,�N��-:'/ j�� v� ///�� U�� ''e�3'r\��/��//��I�/I - a �:r,��o � .ii�� i� ii� iii �� ;!► . i��''�/,�/��i��i ��i .�,'� � � �� , iir /�/,, �; , ii ii 4 i r ��,��it` •/i //jii ��9 �//. �l� ii:�,� ,� �;� ��// /��I,%ii y�_?�� !// / t LG !" ./� �� /i��h �/r N gr . � �/y/ �/� � � �r �� ! � �' / �_:��-_ , �jy ,�y�j'"bi� y�b�,+a\'�y,;;fei �.y��•�/�� (n i�i l//��. "'�, ib�_ -�ii..L��; �:/' �� '�l�:!/�i� F/ �„'a�0 '`;'r�� L` :iTu= _:h----� �-� ., �� =.� In;�� 4" ; c=�ls5 .'��'''�.__��1 J:�. � ,�� riii -= _ "�__� ,_ �ti ��'-.1"��s�.6��,��=��y � _,- �__ . �qi'�� r� �= ��__� �� - � � i��i' nl� ( °tac iezl�.'7j�// �i �1 �C.� - _- z I�== �=5� Smn Jp�o�.��i:_ -_ _�/. I ♦'t��Vq11Iy 1�111�� _ \€-ev G��°_�.;�e ■IIIII-1i�nu1��_f=_�� • � • - . � • •. - • • - • � • • � ' � -Eva uation: The ewness of the Minneapolis ordin nce makes it impossible to valuate its imp t on the city. Nevertheless, t e following comments may be instructive � in termining whether or not a simi ar ordinance might be appro riate in Sai Paul. � Alth ugh the Minneapolis ordinance i similar to the Boston appr �ach, it diff rs in the degree of concentrati n it entails. The Boston " bmbat zone" is a two-block area with a high conc ntration of adult uses. In �contrast, ther are over 100 blocks of downto property where adult uses �n locate � in M nneapolis. Moreover, the Minne polis ordinance retains spa $.ng requ rements which will lead to a ce tain amount of deconcentrat n, even in the owntown area. � Desp te the attraction of this appro h, there are several differ nces betw en downtown Minneapolis and do own Saint Paul which should�be seri usly considered before deciding hether a similar ordinance hould be � adop ed in Saint Paul. First, downto Minneapolis is substantia !ly larger than downtown Saint Paul. Second, Mi neapolis seems willing to c ltivate a core of upscale development along the Nicollet Avenue spine and t permit � blig ted land to exist on the fringes of the Central Business Dis rict. In cont st, Saint Paul has in recent ye rs sought to balance develo ent betwe n the core and the periphery of its downtown. Moreover, ma y of the � acti 'ties in downtown Saint Paul con ist of housing or public fa ilities orien ed toward children and minors ( .g. , the science museum on he north side f downtown, the public library nd Rice Park area on the we t side of � downt wn, and the newly-developing ri erfront area on the south s de of downt wn) . In short, downtown Saint aul seems less able to abso a conce tration of adult uses than does downtown Minneapolis. � i � 1 t t 1 . � 37 � � � CONCLUSIONS AND ECOA'IIrIENDATIONS � � Conclusi ns � On balan e, the Wilson proposal is the be t of the three alternative oning strategi s. Like the current provisions f the Zoning Code, the Wils n proposal ses zoning districts which alre dy exist in the city and ap 'lies spacing r quirements to adult establishme ts within these districts. �'he � Wilson pr posal is superior to the curren provisions of the Zoning Co e because i increases the size of the buffe between adult uses and res dential uses and hus provides more protection to he city's neighborhoods. I is � also pref rable to the Minneapolis model b cause Saint Paul's downtown ;is not readily a le to absorb a concentration of dult uses. The Wilson proposal also contains a featur that would be appropriate der � any zoning strategy. It advocates changin the basis of Saint Paul's definition of adult uses for zoning purpos s. Currently, the Zoning C 'de defines ad lt uses in reference to activiti s which are off-limits to m '�nors. , � The Wilson proposal incorporates definition related to the portrayal o certain "sp cified anatomical areas" and "s ecified sexual activities." There is solid le al precedent for this type of d finition; indeed, the landm k � Detroit adu t entertainment ordinance conta ns this type of definition. Moreover, t e change is justified in Saint P ul because some sex-oriente businesses ave opened their doors to minors claiming that some of thei materials a e for a general audience. The c ange would also make it cle r � that bars w th live adult entertainment are o be treated as adult uses. ' The change would thus close several loopholes th t are currently exploited b ! proprietors f sex-oriented businesses. � Working with Councilman Wilson, concerned cit zens, and members of the Planning Co ission, staff has also generated the following refinements o the Wilson propos l: � - Adult ealth Clubs, Massage Parlors an �.imilar Establishments. � The ex anded spacing requirements shoul not be applied to adult health clubs. Saint Paul's adult healt clubs have a minor land us impact and thus the standards of the cu rent Zoning Code are � suffic'ent for these businesses. Many ci ies regulate different types of �dult uses in different ways. For ex ple, as noted above, Minneapolis permits adult massage � parlors rap parlors and saunas in the c ty at large but limits adul booksto es, entertainment centers and mo ie theatres to the Central Business District. Similarly, a number f other cities regulate onl � such est blishments as bookstores, movie theatres and entertainment centers, or apply stricter standards to ese establishments. , Such an ption should be adopted in Saint Paul as well. The greatest neighbor ood problems associated with adu t uses are indeed in an are where th re is a concentration of two adu t movie theatres, one adult bookstore, and one bar with nude dancers. In contrast, few land use � 39 I � � . ' � problems are associated with the ten adult health clubs in Saint Paul. � Out of nineteen adult establishments in Saint Paul, ten are health clubs. If the City would concentrate its more stringent zoning remedies on the other nine establishments, more could be done to deal with the most serious land use problems in Saint Paul. The problem of �" prostitution within adult health clubs can more effectively be � addressed by licensing. It should be acknowledged that, while it would be useful to bring � adult health clubs under the control of licensing, such an action would not necessarily close all undesirable loopholes. An � establishment determined to provide prostitution under the guise of a legitimate business could simply declare itself to be a different type of business not requiring a license (e.g. , a men's club) . Short of requiring all businesses within Saint Paul to be licensed, it would � likely be impossible to close all licensing loopholes related to adult entertainment. Nevertheless, it can reasonably be expected that some adult health clubs would opt to provide licensed "adult massages" and � that such licensing could be used to ensure that prostitution does not occur in these businesses. - Other Protected Uses. � In addition to residential uses, several other similar uses should be separated 1320 feet from adult bookstores, movie theatres, and � cabarets. "Protected uses" should include houses of worship, day care facilities, public libraries, schools, public parks, public playgrounds, public recreation centers and public specialized � recreation facilities. One rationale for zoning to control adult uses is that such zoning shields children and minors from adult entertainment and from harmful activities such as street prostitution that often are found in the vicinity of adult businesses. The � category of "protected uses" will help protect children and minors outside of the home as well as in their places of residence. - Commercial Uses � A 50 foot buffer zone should be created between certain commercial uses and adult bookstores, movie theatres and cabarets. Protected � commercial uses should consist of retail and service businesses dealing directly with consumers. � Recommendations 1. Restrict adult bookstores, movie theatres, cabarets and similar � establishments to I-1 and I-2 zones. Rationale: Saint Paul's Zoning Code currently has three zoning districts � primarily intended for industrial uses (I-1, I-2 and I-3) . All three districts are for land uses which are usually incompatible with residential and most commercial uses; I-1 is for uses which are least � incompatible while I-3 is for extremely incompatible (even hazardous) uses. Like many industrial uses, adult uses typically have a negative - impact on residential and commercial uses. There is precedent in the � 40 � ��'� �/ � �� Sai t Paul Zoning Code for confining certain non-industrial uses to � ind strial zones--"mission type uses are permitted as a princip `� use in I-1 [Zoning Code, 60.612 (22)] . � 2. Requ re the following spacing and dis ance requirements for adult book tores, movie theatres, cabarets nd similar establishments: �1320 radi feet from other adult uses; 13 0 radial feet from resident �1 zones and 1 20 radial feet from residential uses and "protected uses" (h' uses of � worsh p, day care centers, public libr ries, schools, public parks public playg ounds, public recreation centers and public specialized recr ation facil"ties) ; 50 radial feet from retai and service establishments �lealing � direct y with consumers. Ration le: Numerous studies have shown that adult uses cause probl ms � both w en concentrated together and whe in close proximity to resi ' ntial uses. The distance of 1320 feet (one q arter mile; 2 1/2 blocks) i appropr'ate in light of a nationwide su ey of realtors which indica ed that th negative impact of adult uses clined significantly at a � distanc of three blocks. The category f "protected uses" is appro riate _ because it consists of uses frequented b children and minors, often without the accompaniment of a parent or guardian. The 50 foot dist ce , requirem nt between adult businesses and other retail or service � establis ents is apropriate because ther is evidence that commercia property values are harmed by adult enter ainment and because such commerci 1 uses may also be frequented by minors. � 3. Retain th provisions of the current Zoni g Code for adult health club � massage p rlors and similar establishments: , - B-3, I- • 1320 radial feet from other a ult uses; 200 radial feet f om residen ially zoned property; , - B-4, B-5: 300 radial feet from other ad lt uses; 100 radial feet fro resident al use. � Rationale: In Saint Paul, as in many citie , adult health clubs are not associated ith land use problems as serious as those connected with adu t bookstores, movie theatres, cabarets and sim'lar establishments. � Specificall , adult health clubs are not sig ificantly associated with street pros tution and related crimes. Thu , a less stringent zoning remedy shoul be applied to these businesses. � 4. Define adult uses in reference to certain spe ified sexual activities and specified an tomical areas. Currently, adult uses are defined in reference to ctivities which are off-limits o minors. � Rationale: e current definitions have creat d undesirable loopholes. Some business s with large selections of sex-r lated materials claim not � to be adult us s because they are not, as busi esses, off-limits to minors. The c rrent definitions also cause ba s with adult entertainment not to be rega ded as adult uses (because bars re excepted from the definition of ' adult uses") . r � 41 � . ' � S. Revise the licensing provisions in the Legislative Code, Chapter 412 � (Massage Parlors, Saunas, etc.) to include adult health clubs. Rationale: Licensing can be used to regulate businesses to ensure that � they do not engage in illegal activities. Currently, adult health clubs are not required to be licensed because they are not regarded as offering "massages" . If adult health clubs were licensed, City officials would be better able to ensure that prostitution did not occur on the premises of � such businesses. � � � . � � , . � � � � � � � 42 � . � � PROPOSED AMENDMEN S TO ZONING CODE � � Secti n 1. at Section 60.201. A. of the Sa nt Paul Legislative Code be �and is � hereb ended as follows: y � A ult bookstore. A shop for the arter, rental or sale of it s c nsistin of printed matter, pic ures, slides records audi ta e v deota e or motion picture film, if such shop is not open to �he public � g nerally but only to one or more classes of the public exclu �ng any m nor by reason of age: or if a ubstantial or si nificant tion of s ch items are distin uished or c aracterized b an em hasis he d iction or descri tion of "s ec'fied sexual activities" or " ecified � a atomical areas." A ult cabaret. An establishment ich provides ge-ge-daxee�s;�exe�}e . � � aee�s;-s��}ppe�s;-e�-s�m��a�-ea� ��a�se�s dancin or other 1 ve e tertainment if such establishme t sad-wk�ek excludes minors �by virtue o age: or if such dancin or oth r live entertainment is dis in uished � o characterized b an em hasis on the erformance de iction r d scri tion of "s ecified sexual a tivities" or "s ecified ana omical a eas." � A lt conversation ra arlor Ei onversation ra arlor whic excludes mi ors b reason of a e or which rovides the service of en a in in or li tenin to conversation talk or discussion if such service is . � di tin uished or characterized b n em hasis on "s ecified se ' al ac ivities" or "s ecified anatomic 1 areas " � Ad lt massa e arlor health club. A massa e arlor or hea th lub wh ch restricts minors b reason o a e or which rovides the ervice of "massa e " if such service is d stin uished or characterize b an em hasis on "s ecified sexual acti ities" or "s ecified anatom" al � ar as." Ad lt mini-motion picture theatre. An enclosed building with Icapacity fo less than 50 persons used for resenting material de€}se�- � P4i aese�a-S�a�x�es-6�7:�92-as-"sex a��y-g�eveea��ve"-ar�d-wk�ek f such bu ldin as a prevailing practice cludes minors by virtue of ge. or if such material is distin uished r eharacterized b an em has s on the � de iction or descri tion of "s eci ied sexual activities" or "s ecified an tomical areas" for observation b atrons therein � Ad lt motion picture theatre. An e closed building with a capa ity of 50 or more persons used for present'ng material �e€�t�e�-by-M�.aa se�a S� �x�es-6��:292-as-"sext��ly-p�eve a��ve"-asd-wk�ek if such bu ldin � as a prevailing practice excludes m'nors by virtue of age or i such ma erial is distin uished or charac erized b an em hasis on th de iction or descri tion of "s ecif ed sexual activities" or "s ecified an tomical areas" for observation b atrons therein. � 43 � . . � Adult sauna A sauna which excludes minors by reason of aee, or which � provides a steam bath or heat bathing room used for the vurvose of bathine relaxation or reducin,g utilizin��steam or hot air as a cleaning, relaxine or reducing aeent if the service �rovided bv the � sauna is distinguished or characterized by an em�hasis on "s�ecified sexual activities" or "sgecified anatomical areas." Adult uses. Adts��-t�ses-a�e-�kese-xses-exe�t{d��g-ba�'s-wk�ek-a�e-ae�-epet� � �e-��ie-�r�b�3e-gexe�a��y-bx�-ex�y-�e-eae-e�-�e�e-e�asses-e€-�ke-gxb�}e as�-exe�tz�i�g-aay-�a�se�-by-�easea-e€-age;-a-��ae�-be�ag-a-ge�sea-t�ade� �ke-age-e€-e�gk�eea-yea�s: Adult uses include;-bt��-a�e-ae�-��ed-�e; � adult bookstores, adult motion picture theatres, adult mini-motion picture theatres, adult massage parlors, adult saunas, adult rap/conversation parlors, adult health clubs, and adult cabarets, e� � s��a�-adt��-t�ses: and other vremises enterLrises businesses or places open to some or all members of the vublic at or in which there is an emnhasis on the performance deQiction or descrivtion of "suecified sexual activities" or "svecified anatomical areas" which are cavable of � bein.g seen b,y said members of the vublic. Section 2. � That Section 60.203. C. of the Saint Paul Legislative Code be and is � hereby amended as follows: Conversation;,[rap parlora. An establishment ��eexse�-by-Eka��e�-4��-e€ � �ke-6��y-A�d�Baaee-aa� advertising, offering or selling the service of engaging in or listening to conversation, talk or discussion be�weea-aa e�xg�eyee-s€-��ie-es�ab��skmea�-aa�-a-et�s�effie�, regardless of whether � other goods or services are also simultaneously advertised, offered or sold, and regardless of whether those other goods or services are also required to be licensed. � The term "conversation parlor" shall not include bona fide legal, medical, psychiatric, psychological, or counseling services by a person � or firm appropriately licensed; or bona fide educational institutions, or panels, seminars or other similar services offered by such institutions; or churches or synagogues. � Section 3. That Section 60.213. M. of the Saint Paul Legislative Code be and is � hereby amended as follows: � Massage parlor, sattt�a; health club. An establishment �ieeased-by 6�ag�e�-4�2-e€-�ke-6��y-beg}s}a��ve-6ede offerin,g "massage" defined as the rubbin,_g stroking kneadine tappin��or rolline of the bodv. for the � exclusive Qurposes of Qleasure relaxation, vhvsical fitness, or beautification and for no other Qurposes offered for a fee or other 44 � . � � valuable consideration axd-w�� -�es��eEs-ffi�ae�s-by-v�� -e€-age and � including physical culture and health services, physical c lture and health club, reducing club, re ucing salon, and massage pa �or. This definition shall include any b ilding, room, structure, pl �e or � establishment used by the publ c other than a hospital, sa torium, rest home, nursing home, boarding h me or other institution for �he hospitalization or care of hum n beings, duly licensed und � the provisions of Minnesota Statut s, Sections 144.50 through �4.703, � inclusive, where non-medical a d non-surgical manipulation �xercises or massages are practiced upon th human body for a fee or ot r valuable consideration by anyone not du y licensed by the State of �nnesota to practice medicine, surgery, os eopathy, chiropractic, phys al therapy, � or podiatry, with or without t e use of inechanical, therap tic, or bathing devices, or any room o rooras from which a masseur r masseuse � is dispatched by telephone or therwise for the purpose of iving a massage. g�ev��e�-��a�-ae-aass ge-€s�-a-€ee-s�a��-be-g�vea- xeep�-�a-a ��eease�-��effi�se: � Section 4. _ � That Section 60.219. S. of the aint Paul Legislative Code e amended so as t add the following: � Sauna. An establishment rovid'n a steam bath or heat bat in room used for the ur ose of bathin relaxation or reducin ut lizin steam , or hot air as a cleanin relax n or reducin a ent. S ecified anatomical areas. An tomical areas consistin of ' , 1 Less than com letel nd o a uel covered: a h an enitals b ubic re ion c buttock and d female bre t below a oint immediatel abo e the to of the areola• an ', � 2 Human male enitals i a discernibl tur id state even if com letel and o a ue covered. � S ecified sexual activities. A tivities consist'n of• 1 Human enitals in a s ate of sexual stimulation o arousal• � 2 Acts of human masturb tion sexual intercourse or odom • � 3 Fondlin or other ero ic touchin of human enita ' ubic re ion buttock or fem le breast• � 4 Situations involvin erson or ersons an of om re nude clad in under ar ents or in sexuall reveali costumes and who are en a ed in activities involvin the fl ellation torture fetterin bi din or other h sical rest aint of an � such persons. � 5 � � Section 5. � That Section 60.543 (10) of the Saint Paul Legislative Code pertaining to adult uses permitted in a B-3 Zoning District subject to special conditions � be and is hereby amended as follows: � (10) Adult t�ses conversation/rap parlors subject to the following conditions: (a) The �ses adult conversation/rap varlor shall be located at � least 1320 radial feet from any other adult use measured in a straight line from the closest points of the buildings in � which the adult uses are located. (b) The adult t�se conversation/rau parlor shall be located at least 200 radial feet from any residentially zoned property � measured in a straight line from the closest point of the building in which the adult xse conversation/rap parlor is , located to the closest residentially zoned property line; � �k�s-eea��ea-a�ay-be-Wa�ve�-by-�ke-g�aaa�Rg-ee��ssiea-�€ �ke-ge�sea-ap��y�xg-€e�-�ke-wa�ve�-ska��-€��e-w��k-�13e ��axa�ag-a�n�a}s��a�e�-a-eeasea�-ge��ea-wl��el�-�ad�ea�es � a��eva�-e€-�ke-p�epese�-a�x��-xse-by-9A-�e�eea�-e€-�ke g�e�e��y-ewxe�s-w}�k�a-�AA-�a�ia� €ee� e€-�ke-�e�-ea-wk�ek ��ie-t�se-wet��-be-�eea�e�;-�ke-��attt3�ag-ee�s�ss�ea;-�.t3 eexs�de�3ag-st�ek-a-Wa�ve�;-ska��-ffiake-�ke-€e��ew}ag � €�xd}agse-�ka�-�l�e-��egese�-xse-w��-xe�-be-ee��a�y-�e-�ke pt�b��e-�a�e�es�-e�-��3t��'}et�s-�e-t�ea��y-g�epe��es;-aRd-�ka� �ke-sg��i�-art�-�x�ea�-e€-�ke-e�d�aaaee-w��-be-ebse�ve��; � ��ia�-�ke-��eges ed-tise-w��-ae�-ea�a�ge-e�-eReett�age-�13e �eve�e�ffiex�-e€-a-'=sk�d-�ew"-a�ea;-�ka�-�ke-es�ab��sl�aex�-e€ aa-a�d��eaa�-t�se-e€-�k�s-�}*�e-}a-�ke-a�ea-W�.��-ae�-be ees��a�y-�e-aay-g�eg�'a�a-e€-�e�gk�e�kee�-ee�se�va��e�-e� � ��g�eve�nea�;-e��ke�-�es�dea��a�-e�-�ea-�esi�ea��a�;-ar�d-�l�a� a��-a�g�}eab�e-�egt��a��eas-e€-�kis-e�'d�r�axee-w��-be ebse�ved. � (c) The t�se adult conversation/rap parlor shall not be located within a building also used for residential purposes. � (d) There shall be no access from the building in which the �se adult conversation/rau varlor is located to the alley or to residentially zoned property. � (e) Conditions (b)-(d) m� be waived bv the ulannine commission if the verson avplvin$ for the waiver shall file with the � planning administrator a consent petition which indicates a�vroval of the proQosed adult conversation/rav narlor bv 90 percent of the vrovertx owners within 200 radial feet of the lot on which the adult conversation/rav varlor would be � located• the nlanning commission in considerine such a waiver shall make the following findin�s: that the proposed 46 � � . �'�'�_ �'r � use will not be cont ar to he ub ic interest 'urious � to nearb o erties and that the irit and in nt of the ordinance wil be ob erved• tha the ro osed us wi 1 not enlar e or encoura e t e develo ment of a "skid- w" area• � that the establishme t of an addi ional use of t t e in the area will not be contrar to an ro ram of i hborhood conservation or im r ement either residential non- residential• and tha all a licable re ulations f this � ord nance will be observed (ef) All signs shall compl with Chapter 66 of the Zo ng Code � and with Chapters 27 and 275 of the Saint Paul gislative Code. � The use shall be lice sed as a conversation ra lor under a licable rovisions of the Saint Paul Le islati 'e Code. 11 Adult massa e arlors or he lth clubs sub ect to the sa e � conditions as those listed bove in 60.543 10 for adul conversation�rap varlors. 12 Adult saunas sub ect to the same conditions as those li ted above � in 60.543 10 for adult con ersation ra arlors. (� 13) Auto repair, subject to the following conditions: . . . � (� 14) Accessory buildings, struct res, and uses as defined in �Section 60.201. , � Sect'on 6. at Section 60.554 (2) of the Sa nt Paul Legislative Code pe �taining to � adult es permitted in a B-4 Zoning Di trict subject to special co 'ditions be and is ereby amended as follows: � ( ) Adult xses conversation ra arlors subject, to the foll kaing conditions: � (a) The t�se adult convers tion ra arlor shall be lo lated at least 300 radial feet from any other adult use me Isured in a straight line from th closest points of the buil (ings in � which the adult uses re located. (b) The t�se adult convers tion ra arlor shall be lo �ted at � least 100 radial feet from any residential use me Sured in a straight line from th closest point of the build g in which the xse adult c nversation ra arlor is lo ted to the building in which the residential use is loca d. , (c) The t�se adult convers tion ra arlor shall not be located within a building als used for residential purpos s. � 47 � . ' � (d) Al1 signs shall comply with Chapter 66 of the Zoning Code � and with Chapters 274 and 275 of the Saint Paul Legislative Code. (e) The adult conversation/rap varlor shall be licensed as a � conversation/rav varlor under applicable provisions of the Saint Paul Legislative Code. � (3) Adult massa�e varlors or health clubs subject to the same conditions as those listed above in 60.554 (2) for adult conversation[rap varlors. � (4) Adult saunas sub�ect to the same conditions as those listed above in 60 554 (2) for adult conversation/rav �arlors. � Section 7. � That Section 60.563 (2) of the Saint Paul Legislative Code pertaining to � adult uses permitted in a B-5 Zoning District subject to special conditions be � and is hereby amended as follows: � (2) Adult r�ses conversation/rap varlors subject to the following conditions: (a) The tise adult conversation rap parlor shall be located at � least 300 radial feet from any other adult use measured.in a straight line from the closest points of the buildings in � which the adult uses are located. (b) The t�se adult conversation/rap parlor shall be located at , least 100 radial feet from any residential use measured in a straight line from the closest point of the building in which the t�se adult conversation/rap narlor is located to the building in which the residential use is located. � (c) The �se adult conversation�rap parlor shall not be located within a building also used for residential purposes. � (d) All signs shall comply with Chapter 66 of the Zoning Code and with Chapters 274 and 275 of the Saint Paul Legislative Code. � (e) The adult conversationlrap parlor shall be licensed as a conversation/rap narlor under applicable provisions of the � Saint Paul Legislative Code. (3) Adult massa�e garlors or health clubs subject to the same , conditions as those listed above in 60.554 (2) for adult conversation/rap parlors. 48 ` � � � APPENDIX A � NAMES AND ADDRESSES OF ISTING ADULT USES � Adult Boo stores � Uni Bookstore 674 U iversity Adult Moti n Picture Theatres iFaus Theatre 626 U iversity Flic Theatre 621 U iversity � Adult Caba ets * = attached to bar � Belm nt Club* 615 U iversity Case 's Taverns* 2545 W st 7th Street Lamp ighter Lounge* 160 W st Larpenteur , � Payn Reliever* 899 P yne Avenue Play oy Lounge 361 W st 7th Street Seve th Street Trolley 880 E st 7th Street � Adult Heal h Clubs � Comf rt Center 749 N rth Milton Como Rice Club 606 R"ce Street Cosm politan Club 965 A cade Street � Cosm s 843 R ce Street Empo ium 1075 H dson Road Lee enore's Club 740 N rth Snelling Avenue � Pam' Holiday Lounge 540 N rth Prior Avenue Red arpet 613 G and Avenue Scan ia Health Club 57 West 7th Street Spea easy 927 U iversity � � i 1 1 1 � 51 � � APPENDI B � MEMORANDUM DISCUSSING ISSUES ISED DURING PUBLIC REVIEW � � MEMORAN UM � T0: Zoning Committee , FROM: Mark Vander Schaaf DATE: July 27, 1987 � SUBJECT: Adult Entertainment 40-Acre St dy: Summary and Analysis of Issues Raised During Public Review � . � Introduc ion � � The foll wing memo on adult entertainmen is in two parts. The first part consider the ma�jor issues raised during ublic review of the 40-acre study. For each issue, the memo states the issu , provides a summary and an ysis of � the issu , and states the staff recommen ation regarding the issue. e issues a e as follows: � 1 Street Prostitution (Memo Page One) 2 Potentially Dangerous Patrons f Adult Businesses (Memo Pa Three) 3 Sufficiency of Distance and Sp cing Requirements (Memo Pag jFour) � 4 "Combat Zones" and "Welcome Ma s" (Memo Page Five) 5 Site-Specific Isolated Adult Z ne (Memo Page Six) 6 Health Clubs, Massage Parlors, etc. (Memo Page Six) 7 Changes in Adult Uses (Memo Pa e Seven) � 8 Potential Proximity of Adult U es to Municipal Baseball j Facility (Memo Page Seven) 9 Proximity to Commercial Uses ( emo Page Eight) � 10 Permitted Use or Conditional U e (Memo Page Eight) The seco d part of the memo is a summary of the proposed amendments p the Zoning C de (p. 9) . r Ma'or Is ues Raised Durin Public Review , 1. St eet Prostitution � IS UE: To what extent and under wh t circumstances does adult en ertainment contribute to street prostitution? � 53 � � � July 27, 1987 Page Two ' � SUMMARY: Much testimony at the public hearing centered on the perceived � reZationship between adult entertainment and street prostitution. Residents in the area of University and Dale consistently testified that adult entertainment has contributed to street prostitution in the area � by creating an image of a "sex for sale" district. The Police Department acknowledged the connection by voicing the concern that a new and/or different concentration of adult entertainment in the city could create a second area of street prostitution. On the other hand, the � Police Department argued that street prostitution is not associated with certain types of adult entertainment (notably isolated cabarets and health clubs) . � ANALYSIS: Adult entertainment in the University/Dale area clearly creates a "sex for sale" image which makes the area an attractive market for street prostitutes. Nevertheless, the evidence suggests that there � are also other variables that make this neighborhood a center for street prostitution. These variables include: , - Character of surrounding neighborhood. � Typically, both adult businesses and street prostitution are � found in economically and socially marginal areas where the neighborhood has fewer resources to deal with its problems. When the surrounding neighborhood is residential, prostitutes are more protected from the law because they can pretend to � be ordinary pedestrians. At the same time, ordinary pedestrians then become mistaken for prostitutes by clie�ts looking for sex. ' - Concentration of adult businesses. The presence of several adult businesses in one area creates � a "sex for sale" image that an isolated adult business would not. - Composition of adult businesses. � In many cities, adult bookstores and movie theatres are � associated with the most serious land use problems. This pattern persists in Saint Paul as well. Al1 of the city's adult bookstores and movie theatres are within one block of the University/Dale intersection. , The proposed zoning ordinance is addresses all three variables mentioned above: , - Character of surrounding neighborhood. Two aspects of the proposed amendment address this issue. � First, by confining adult uses to industrial zones, the � amendment limits adult businesses to areas where street 54 ` , � ' � July 27, 1987 Page Three � prostitutes would be readi y identifiable because pede 'trian traffic is low. Secondly, by requiring a 1320 foot (2 1/2 block) buffer zone between adult uses and residential reas, � the proposed amendment wou d ensure that the immediate negative land use impact o adult businesses would not occur in residential areas. � Staff acknowledges that it would be desirable to incre se the size of the proposed buffe zone. Unfortunately, give Saint Paul's residential settle nt patterns, it is not poss ble to � do so significantly. For xample, a buffer zone of 20 0 feet (3 1/2 blocks) would resu t in no land available for a ult uses outside of the airpo t and the sewage treatment p ant. Such an ordinance would a ost certainly be determine to be � unduly restrictive by a c urt. - Concentration of adult busine ses. � � The proposed amendment wo ld require that there be a iinimum distance of 1320 feet (2 /2 blocks) between individu � adult businesses. Staff believ s that this spacing require ' nt is � sufficient to deconcentra e future adult businesses. !While it would be desirable to ncrease the distance requir ent, this would make the propo ed amendment excessively � restrictive unless other roposed requirements were r 'laxed. - Composition of adult business s. . ' The proposed amendment fo uses the most restrictive z ning requirements on the adult businesses most often assoc ated with a negative impact o surrounding neighborhoods-- 1 visually-oriented businesses (bookstores, theatres, cabarets) . � RE MMENDATION: Retain the elements of the proposed amendments ich re ate to this issue--most stringen zoning requirements applie ' to ' ad lt bookstores, theatres and caba ets; 1320 feet between indi idual ad lt uses; limit adult bookstores, theatres and cabarets to in strial zo es; 1320 feet between residentia /protected areas and adult � bo kstores, theatres and cabarets. 2. Po entially Dangerous Patrons of Ad lt Businesses , IS UE: Do patrons of adult busines es pose an immediate threat .to pe ple in the areas surrounding suc businesses? , S Y: Many citizens are concer ed that at least some of the'patrons of adult businesses pose a threat o others in proximity to ad t bu inesses. It has been suggested that sex offenders or poten f�al sex � 55 � � � July 27, 1987 Page Four � offenders frequent adult businesses. Also, residents in the � University/Dale neighborhood allege that patrons of adult businesses discard "hard core" pornographic literature on public streets and alleys, and in private shrubbery and trash cans near the place where the � literature was purchased. Such literature then becomes available to minors even though its sale to minors is prohibited. ANALYSIS: Residents in the University/Dale area report frequent sex- � related harassment by pedestrians and motorists in the neighborhood. Although it cannot be proved that the harassers are patrons of adult businesses, it is not unreasonable to suspect such a connection. The � Aurora-Saint Anthony Block Clubs presented testimony in the form of discarded pornographic literature allegedly picked up on the streets, sidewalks, bushes and alleys near adult businesses. The literature is � extremely graphic, even on the cover, and it is appropriate to use zoning to minimize the likelihood that minors will be exposed to such material just because they live in a particular neighborhood. � RECOMMENDATION: Retain the element of the proposal which creates a 1320 � (2 1/2 blocks) foot buffer zone between visually-oriented adult uses and residential and other protected areas. This buffer zone will help , ensure that patrons of adult businesses will not be found as pedestrians in a residential/protected area. The current smaller buffer zone (200 feet in B-3, I-1; 100 feet in B-4, B-5) is appropriate for patrons of adult health clubs because the number of patrons served by such � businesses is smaller (they are more labor-intensive) and because they are not associated with printed materials which can be discarded in _the neighborhood. , 3. Sufficiency of Distance and Spacing Requirements � ISSUE: Should the distance and spacing requirements be made more stringent? SUMMARY: Many of those who testified at the public hearing--both � opponents and proponents of the proposal--encouraged the Planning Commission to make the ordinance tougher by increasing the required , distance between adult uses and residential/protected areas, and by increasing the required spacing between individual adult uses. ANALYSIS: As discussed above (Issue #1) , staff agrees that it would be , desirable to increase both the distance and spacing requirements, but that to do so would seriously threaten the legality of the ordinance. The spacing between individual adult uses could be increased , significantly if other requirements were relaxed. On the other hand, the distance between adult uses and residential/protected areas cannot be significantly increased because of Saint Paul's residential ' settlement patterns. The proposed amendment represents a balance that is felt to be both legally sound and sufficient to alleviate land use problems associated with adult entertainment. 56 � . � � July 27, 1987 ' Page Fiv � RE OI�IENDATION: Retain the elements of the proposal which relat to this is ue--1320 feet between all indivi ual adult uses; 1320 feet b tween re idential/ protected areas and ad lt bookstores, movie theatr s and � ca arets; 200 feet between resident"al areas and adult health c ubs in B- and I-1 zones; 100 feet between residential uses and adult ealth cl bs in B-4 and B-5 zones. � 4. "C mbat Zones" and "Welcome Mats" � IS UE: Would the proposed amendment create "combat zones" and/ r a "w lcome mat" to adult businesses 'shing to locate in Saint Pa l? i � S Y: Some who testified at the ublic hearing maintained th t the am ndments would send a message th Saint Paul wants adult en ertainment and is opening up the entire city to adult busine ses. So e further maintained that Saint aul would then gain several � � co centrations of adult businesses onstituting "combat zones." AN LYSIS: For several reasons, this concern is the opposite of he , ef ect the amended ordinance would ave. Fi st, the current Zoning Code pe 'ts adult uses in numerous 1 cations th oughout the entire city; the pro osed amendments would limit ,adult � us s to a small number of potential sites as far as possible fr m where pe ple normally live and shop. In hort, the amendment would b the op osite of a "welcome mat." The c rrent provisions were passe at .a � ti e when it was believed that the aw required municipalities o pr vide large numbers of "commerci lly viable" sites for adult bu inesses. In 1986, however, the nited States Supreme Court eemed to gi e municipalities permission to i stitute stricter zoning re lations � re arding adult entertainment. In his new legal environment, he best wa to "put out the welcome mat" fo adult businesses would be o fail to enact stricter regulations. � Se ondly, a "combat zone" for adult entertainment is a concentr tion of a elatively large number of adult usinesses in close proximit to each � ot er. The proposed amendments pro ibit new concentrations (re uiring 13 0 feet between individual adult ses) . Moreover, they would not ap ly to existing adult uses which ould be "grandfathered" int their cu rent locations as legally nonco forming uses. Because the n bers of , ad lt businesses in Saint Paul and ther cities have declined dr matically in the last decade, i is likely that few (if any) I,adult bu inesses will locate in the areas remaining available to them under , th amended Zoning Code. The inte t of the proposed amendments is si ply to ensure that any new adul businesses will be far from where pe ple live. , RE OMMENDATION: Retain the elements of the proposed amendments hich re ate to this issue. � 57 , r July 27, 1987 Page Six , 5. Site-Specific Isolated Adult Zone � ISSUE: Should the City limit adult entertainment to a specific area isolated from the rest of Saint Paul? � SUNII�SARY: Some who testified suggested that it would be preferable to limit adult uses to one specific area of the city totally separated from residential and related land uses by strong natural or human barriers. ' Most were not specific as to where this should be, although a few mentioned "down by the sewage treatment plant." ANALYSIS: As discussed above (Issue #1) , there really are no places in � Saint Paul which are a great distance from where people live. Those • which are farthest from human settlement are in fact the areas available � under the proposed amendments. Although there is land near the sewage treatment plant which could be developed, its low-lying character makes it both environmentally sensitive and expensive to develop. Much of � this land is currently without adequate public infrastructure. The lack � of infrastructure is problematic for two reasons. First, it would be inadvisable to limit adult uses to places without street access. Secondly, the City would correctly balk at installing expensive public ' infrastructure simply to accommodate adult uses. Finally, such a zone would indeed be a "combat zone" which have been associated with unusually high crime rates in cities elsewhere in the nation that have tried such an approach. � RECOMMENDATION: Retain the approach of the current proposal--limit adult uses within existing zones rather than concentrating them into a single � isolated zone. 6. Health Clubs, Massage Parlors, etc. � ISSUE: Should health clubs and other touch-oriented adult businesses (health clubs, massage parlors, etc. ) be treated less rigorously than � visually-oriented establishments (bookstores, movie theatres, etc.) by the Zoning Code? SUMMARY: Some citizens at the public hearing advocated treating all , adult entertainment businesses equally. Nevertheless, it was admitted by residents of the University/Dale neighborhood that problems associated with the adult theatres and bookstores were a higher priority � for them. Moreover, the Police Department testified that street prostitution and prostitution within health clubs are two separate problems and that therefore health clubs are not associated with street ' prostitution in surrounding neighborhoods. ANALYSIS: Staff proposes as a prudent guideline that the number of adult , businesses which could be located within the city under the revised Zoning Code should be no smaller than the number of adult businesses currently existing in the city. The proposed stricter standards would 58 ` . ' � Jul 27 1987 � Page Se en � p ovide space for 10-12 adult busi esses at most. Currently, here are 1 adult businesses in the city--9 visually-oriented (bookstor s, t eatres and cabarets) and 10 touc -oriented (health clubs) , ecause t e stricter standards cannot prud ntly be applied to all 19 ' e tablishments, it seems reasonabl to identify the businesses a sociated with the most serious 1 nd use problems and to appl ' the s ricter standards to them. iR CONIl�IENDATION: Retain the proposa to apply stricter zoning s andards t visually-oriented businesses th n to touch-oriented busines es. � D velop zoning administrative proc dures to ensure that adult ealth c ubs and massage parlors will be icensed as health clubs or assage p rlors, or else reclassified as a ult uses subject to more st ingent � z ning requirements. 7. C anges in Adult Uses . � I SUE: Will adult businesses be ab e to change from one type o adult u e to another while preserving th ir "grandfather" legal nonc ' forming us status? , S Y: Several plannin commiss oners were concerned with a otential g !P u intended result of the proposal o have more stringent zonin � re uirements for visually-oriented adult establishments than f � touch- or'ented adult establishments. It was feared that adult busin Isses mi ht change from one use to anoth r to avoid tough zoning, an then � ch nge again to avoid tough licens ng (of the touch-oriented es ablishments) . � AN LYSIS: This is a legitimate co cern and one which should b ad ressed through revision of the roposed amendments and thro gh es ablishing administrative proced res to prevent the feared 1 pphole. � RE O1�IENDATION: Revise the propose amendments to make each t � of ad lt use a separate line item in he Zoning Code: That way, y change wi hin the adult use category woul be considered a change in se which � wo ld result in the forfeiture of ' grandfather" legal nonconfo ing use st tus. The amendments should al o be revised to make approp �ate li ensing a condition for classifi ation as a touch-oriented a lt bu iness. Appropriate administrat' e procedures should also be' , de eloped to classify existing adu t businesses as of the time he or inance is passed. ' 8. Po ential Proximity of Adult Uses Municipal Baseball Fa ility ' IS UE: Should adult uses be permit d close to Flatman Field, t e mu icipal baseball facility? � 59 � � July 27, 1987 Page Eight � SUMMARY: In public testimony, it was pointed out that the proposed � revision would permit adult uses in the vicinity of the municipal baseball facility. This was seen as undesirable because this facility is often used by minors. ' ANALYSIS: This concern is valid and legitimately should be addressed by revising the list of "protected uses" from which adult businesses must be separate. Such a revision would effect few potential sites and thus � would not make the overall proposal unduly restrictive. RECOMMENDATION: Revise the proposed list of protected uses to include � "public recreation center or public specialized recreation facility." Visually-oriented adult businesses must be 1320 feet from any such protected uses. � 9. Proximity to Commercial Uses , ISSUE: Should adult uses be prohibited from locating in proximity to � commercial uses such as retail and service establishments, offices, etc.? , ' SUMMARY: Some testimony stressed that, while it is desirable to prohibit adult uses near residential areas, such uses should also be prohibited from proximity to commercial uses because they are incompatible. � ANALYSIS: By limiting adult uses to industrial zones, the proposed amendments reflect the conviction that adult uses are not compatible � with other businesses. The problem is that there are some business uses in I-1 and I-2 zones that would normally be found in B-2 or B-3 zones. It would be valid to make some provision to protect such uses from adult entertainment. However, such provisions should not be at the expense of � residential protection which should remain the primary purpose of the amendments. RECOMMENDATION: Revise the proposed amendments to. create a 50-foot � buffer zone between any visually-oriented adult use and any retail or service business dealing directly with consumers. � 10. Permitted Use or Conditional Use ISSUE: Should adult uses be permitted uses not requiring a conditional , use permit? SUMMARY: Assistant City Attorney Jerry Segal reports that legal ' challenges to Saint Paul's adult entertainment zoning provisions include the charge that the requirement for a special condition use permit makes � possible arbitrary treatment of adult businesses. He further suggests that the public hearing procedures accompanying special condition use permits are unnecessary for adult uses because the granting of a permit 60 � � � . . �� i July 27, 1987 , Page Nin � wil be automatic if certain techni al requirements are met. refore, adu t uses should be reclassified a permitted uses sub�ect to �e ful illment of specified requiremen s. , ANA YSIS AND RECOMMENDATION: City A torney Segal will explain i greater det il his concern regarding this i sue. Staff notes that the ecial con ition requirement is in harmony ith Saint Paul's tradition f � cit zen participation--it provides mechanism for notifying sur ounding res dents and businesses of the pote tial presence of a new adul bus ness in their midst, and allows hem to express their conce s in a � pub ic forum. On the other hand, it leads citizens to believe t at the r input might be able to prevent the establishment of the ne use whe in fact they cannot. If this p ocedure significantly threa ens the leg lity of the ordinance, staff rec mmends that it be revised. ' Summar o Pro osed Amendments to Zonin C de , , 1. Ret in the land use provisions of th current Zoning Code for th foll wing types of adult uses: adult health clubs, adult massage , parl rs, adult saunas, adult convers tion/rap parlors. - Permitted in B-3 (general busin ss) and I-1 (industrial) zo s subject to the following conditions: � 1320 feet between individ 1 adult uses; � 200 feet between the adult use and residentially zoned'areas. - Permitted in B-4 and B-5 (downto ) zones subject to the fol owing � conditions: 300 feet between individua adult uses; � 100 feet between the adult use and residential uses. - nclude as a special condition t at these businesses be lice ed as � ealth clubs, massage parlors, s unas or conversation/rap pa lors. 2. Revis the land use provisions of the current Zoning Code for the � follo ing types of adult uses: adult ookstores, adult cabarets, tiult mini- otion picture theatres, adult m tion picture theatres, othe adult uses. , - ermitted in I-1 and I-2 (industr'al) zones subject to the ollowing conditions: , 1320 feet between individua adult uses; � 61 , � � July 27, 1987 , Page Ten 1320 feet between the adult bookstore, cabaret, etc. and , residential areas and between the adult bookstore, cabaret, etc. and certain protected uses; SO feet between the adult bookstore, cabaret, etc. and any , retail or service business dealing directly with consumers. 3. Revise all definitions of adult uses to refer to "specified sexual � activities" and "specified anatomical areas" as well as to activities off-limits to minors. ' MEV/bp ' cc: City Councilmembers Jerry Segal Lee Ann Turchin Jan Gasterland ' Jim Bellus Jim Frank � A1 Lovejoy Carolyn Bailey Larry Soderholm Joe Carchedi ' � � � � ' , ' � 62 � � ' � APPENDIX C , city of int paul . i planning commission resolut' file nu r 87-92 . � date A ust � WHEREAS the City Council on November 1 , 1986 adopted a resolutionlinitiating a 40-ac e study of adult entertainment n Saint Paul for the purpos of amendin the Zoning Code; and ' WHEREAS the Zoning Committee of the P1 nning Commission reviewed s ggested amendme ts and recommended a public hea ing; and , WHEREAS pursuant to Minnesota Statutes 462.375(5) , the Planning Co ission held a ublic hearing on the proposed endments at its June 26 and ►Tuly 10, , , 1987 me tings; and WHEREAS the Planning Commission has de ermined: , 1. Tha the nwnber of real estate descriptions affected by the ame ents ren ers the obtaining of written co ent impractical; ' 2. Tha a survey of an area in excess o 40 acres has been made; 3. Tha a determination has been made t at the amendments to the Z ing Code � pro osed are related to the overall eeds of the community, to e isting� lan use, and to plans for future 1 d use; and 4. Tha pursuant to State Statutes prop r notice of the hearing was given in , the Pioneer Press and Dispatch on J e 9, June 16, and June 23, �987. NOW, TH REFORE, BE IT RESOLVED, that th Planning Commission recomm nds , approva of the Zoning Code amendments ttached hereto in the 40-ac e study proposi g to restrict certain types of dult uses to I-1 and I-2 Zo ing Distric s only, subject to certain othe conditions, and directs th Planning Adminis rator to forward the study and his resolution to the Mayor and City ' Council for their review and action. ' ' � moved y MORTON �� d � LEV iin favor Una imous against � 63 ' CREDIT , ' Administr tion and Policy Direction: , James J. Bellus, Director Pegg A. Reichert, Deputy Director fo Planning Alle P. Lovejoy, Acting Deputy Direc or for Planning Lawr ce Soderholm, Principal Planner ' Planning nd Research � Mark E. Vander Schaaf, City Planner , , � , , ' � � ' ' , � 65 ' , � � �tiv .,l,�w�U`�J �r• �e,n�� y i �,t��-„�-,�.,,��. � �--�1-� � ' auou T,ses � � �'"'' �',/ AME ICAN ,� �, PLAN ING ASSO IATION � . im rtant to protect property values and a co uniry's quality of Zoning for lif . Although"quality of life"is a nebulous co ept, arguments Aa�� O� b ed on such concerns have been persuasive i the courts when « y th se zoning restrictions have been legally chal enged. In Young, fo example, Justice Powell noted that "zoning �when used to By Bruce W. McCle don, AICP pr serve the character of specific areas of a ci , is perhaps the m st essential function performed by local gov rnment, for it is An increasing number of cities are tightening up their zoning o of the primary means by which we protec that sometimes ordinances by incorpo ting special regulations for sex businesses. di cult-to-define concept•of quality of life."J �tice Stevens Typical adult entertai ent businesses include adult bookstores o served that"the City's interest in attempting fo preserve the and movie theaters, sage parlors, nude modeling studios, and q ality of urban life is one that must be accor the highest clubs and bars featuri g sexually oriented entertainment. re pect." The Supreme Couit of Washington hoed these Interest in regulatin adult entertainment businesses is increasing s timents when it upheld Seattle's 1976 ordin ce that provided as neighborhood resi nts faced with a proliferation of such uses f the gradual elimination of nonconforming eaters, in assert that they have adverse physical, social, and economic N nhend Cinema v. Ciry of Seattle, 585 P.2d �153 (1978). The impact on the surrou ing communiry. While regulations cannot c urt said that"rhe City's paramount interest i protecting, be used to totally exc ude or excessively restrict local adult p eserving, and improving the quality of life as sufficient to entertainment uses, it is clear that reasonable regulations can be j stify zoning the location of adult theaters to rtain areas." used to concentrate o to disperse sex businesses and to control their proximity to res dential areas, churches, parks, or schools. e Need for pocumentation Most local zoning or inances try to disperse adult entertainment lthough the U.S. Supreme Court has upheld Ithe regulation of businesses; only a fe have tried to concentrate them. a ult entertainment businesses and many loc 'ordinances have The U.S. Supreme Court has held that, under appropriate n sustained by state supreme courts, many�ordinances have circumstances, local ommunities can use zoning regulations to n struck down by federal courts of appeal These conflicting control the location adult entertainment businesses. In Young v. isions have caused confusion and have co plicated local efforts American Mirsi Thea rs, 427 U.S. 50 (1976), the Court held that t regulate adult entertainment businesses. "even though the Fir t Amendment protects communication in this Many sex businesses are protected by the �rst Amendment of area (sexually explic activities) from total suppression, we hold e U.S. Constitution and their regulation is ttbject to a"strict the State may legiti tely use the content of these materials as a rutiny"test. This means that local governm nt has the burden of basis for placing the in a different classification from other roving the constitutionality of adult-use reg ations and that the movie theaters." Fu er, the Court added that". . . (w)e have ourts will use the four-part test originally s forth in United no doubt that the m 'cipality may control the location of theaters tates v. OBrien, 391 U.S. 367 (1968). Und r that test, "the . . . either by confi ng them to certain specified commercial overnmental regulation is sufficiendy justifi , despite its zones or by requirin that they be dispersed throughout the City." ncidental impact upon a First Amendment i rest, (1) if it is Regardless of the oning technique employed, local officials ithin the constitutionai power of the gove ent; (2) if it have concluded that e regulation of adult entertainment uses is rthers an important or substantial governm tal interest (3) if Bruce W.McClendon, CP,is the planning director of Arlington,Texas, e govemment interest is unrelated to a sup ression of free and immediate past pr ident of APA. xpression; and (4) if the incidental restricti p on First 'r, ,�:-µ, � � � { ��Y. �� ,' � ��! � . �'�'� I� � �.1 � �.} �� ' �y ��'' � � r � �, ��< � � �"_ i�I4'��(* .�_ �E�J �� ' � � �'�IRL '�: t — �= . �. ,� ,�, :. 111�� - . _.� ti ..- � ., , � .:. �l ..� , , � � 's � �� ` �� I��S Houston graphic signer Jerry Herring's tongue-in-cheek proposals f r performance standards in adult entertain nt districts. Above, we have universal ymbols for everything from where we can't park t where deer are supposed to cross, so why t for nude dancing? � Amendment freedom is greater than is essendal to the deci ion in Renton upholds the uaacferability of' studies � furtherance of an inte be een communities,which is a basic issue in casc.If the � The courts will closel examine the motives of local public ruli g upholds Renton's use of DetroiYs and Sea 's studies,the ofticials to make sure t they are not using regulations to prohibit stu es and reports below may be used to substan te local problems sex businesses in their mmunity at the expense of these and to support locally devaloped regulations. constitutional rights.Th ,cities that want to regulate the location pe it.Adult entertainment use regulations we adopted in 1972 of adult enurtainment u s must introduce evidence that clearly � rt of an"Anti-Skid Row Ordinance"that p 'bited adult �monsuates the nee�, tionale,and factual basis for the ent rtainment busit�esses within 500 feet of a resi ential area or regulations and the pub c objectives to be achieved. W,� 'n 1,000 feet of any two other regulated uses The term The best example of 's need for documentation was provided by re lated uses applied to a variety of establishm ts,including adult an adult-use case in G eston,Texas. In 1979,the Galveston city � ters,adult bookstores,cabarets,bars,taxi ce halls,and council passed an ordi severely restricting adult entertainment ho ls. In defense of the regulation,the city int uced extensive uses.The ordinance w modele�after Detroit's,which was upheld d umentation that demonstrated the adverse loeconomic and by the U.S.Supreme rt in Young.Galveston was sued by an bli hting impacts that adult entertainment uses h ve on sutrounding - individual who wanted o establish a downtown adult movie theater. de elopment.That evidence consiste�of repo iand afTidavits from � Even though the ciry d not inuoduce all of its documentation iologists,urban planners,and real estate ez as well as some during the uial,a fede al district court upheld the ordinance. The �a men,on the cycle of decay ezpected in Detr t from the influx federal appeals court, Basiardanes v. City of Galveston,682 F.2d �ncentration of such establishments.The e pert testimony 1203(Sth Cir. 1982), owever,revetsed the lower court's ruling i icated that the location of adult theaters attta transients, after finding that Galv ston had failed to designate"commercially a versely affected property values,caused an i rease in crime,and viable"locations for a ult entertainment uses and that"the e couraged residents and businesses to move el where. ordinance,through th guise of regulation,banned(adult)theaters." Because the city fail to support its ordinance with adequate �o,Texas.Amarillo's Planning Depa nt has prepared and findings,the appellate court concluded that Galveston had"regulated P blished a study entided"A Report on Zonin �and Other Methods protected speech with ut showing a sufi�icient interest to wanant the o Regulating Adult Entertainment Uses in A 'lo."The report magnitude of the res 'nt accomplished." c ncluded that adult entertainment uses have erse impacts on A similar example f the need to substantiate and document the s nounding land uses and that these impacts be distinguished basis for sex busines regulations was provided more recently by the om those of other businesses.The study fou that street crime Ciry of Renton,Was ington(see Zoning News May 1985). Renton, tes are considerably above the city's average fn areas immediately a Seattle suburb of 3 ,000 residents,attempted to prohibit adult unounding the adult-only businesses and that Iate at night,during ;„ motion picture theat within 1,000 feet of any residential zone or eir primary operating hours,these business created unique use,church,or sch 1. This ordinance was also upheld by a federal roblems of noise,glare,and traffic. disuict court and rev rsed by a federal appeais court.In its decision, City of Renton v. P ime Theatres,748 F.2d 527(9th Cir. 1984), Angeles.A November 1984 report,"The Current Status of the appeals court co cluded that the ordinance failed the strict ornography and Its Effects on Society,"pre ed by the Los scrutiny test becau Renton had not demonstrated a substantiai ngeles Police DepartmenPs Vice Division, i ntifies the adverse government interest n enacting the ordinance and"had not shown ffects of concenuating adult entertainment b sinesses. As stated in that it was not moti ted by a desire to suppress speech based on its the report,"the proliferation and clustering o 'sex-oriented content."This impo t case is currently before the U.S. Supreme businesses adversely impacts the crime rate i those adjacent areas. ��> CouR,whose decisi n should eliminate some of the confusion . . The overwhelming increase in prostituti ,robberies,assaults, resulting from lowe court decisions. This case may prove to be thefts,and the proportionate growth in poli personnel deployed extremely importan to planners because the Court will consider throughout Hollywood are all representative f the blighting whether one city c rely on the planning studies of another to • • . that the clustering of adult enterta' nt establishments has jusrify its zoning re lations. on the entire community." Supportiug Studi ,Reports,and�ndings In addition, in 19'77 the Los Angeles Pl ing Department surveyed appraisers, real estate agents, representatives of Studies,reports, findings on the potential harmful effects of lending institutions about the economic imp ct of adult adult entertainmen uses are the keys to legal defense of local entertainment businesses on surrounding bu inesses and residential ordinances regula' g these uses. Examples of several local smdies properties.The real estate experts conclud that"the concentration are provided belo . This sample may be valuable if the Court's of adult entertainment establishments has h ' adverse economic � � � �� fa � � � � lf � 'S£� .�, �:f •o �t, t: i. � �, Y � i • � ..:` - . + � �%.� � - .: • . .. � n, . 1,, . _.I( t I a � - ,y;1 �': , ,. � � ._. ._ _..;-c� , 'f': . . h ', ,f ' ' '1..�� .i. ` � .. �� . :r � 'a- . ». ,n ✓ _. � .. ..,. . .... .�-� . _.. _ .�. .. .-_ . ....�.. ;� .. �. .: .. ...._.,.:._ ..._.� . ._�. _. � .� . 7 . � �1�►�R f . ' ; ' � .,-. ; - �., ., 4 .:. ,..'.... . . .. . .., � { . •- .1'• i�IXE� (�'" S�S , . �P �___� �i�� _ __ �.� COMTiMOUS SNOwS � � . . :,:-. � . ._. ...—�_I. � � yr,�'; . .' . ' �.. _ �, ..,.... ..� �^a� :a;.: t-++-r;..w+u."........ . ..- r...._-e.-. .,'q . . . . � t . �b Y � �..y ,..._,. „. . .._ _.. ..s.. x k+ A-:.�_� � . ,P ..._.... .. . ...:.�:M!w�°.karnw" Nere's a trick a chitects like to use. Make all the copy so standard zed that it canf possibly offend anyone, no aer what it says. 2 . . � � �� effects on both businesses and residential property in respect to follo ed the establishment and concentration of ad t entertainment market value,rental valu ,and rentability/saleability;that the uses ' a spocific�ighborhood. It was noted that growing adverse economic effects iminish with distance but that the effects prese of adult businesses drove away neighbonc �ommercial exund even beyoad a 1, foot tsdius[the separadon distance sto required by the Los Ang es zoning code]and that the effects are Th city police department also reported that� t uses,such as related to the degree of ncentration and to the specific type of boo tores and bars,lounges,or taverns with adul -entertainment adult entertainment busi ss." were frequendy the scene of prosdtution and the e and nse of Indianapolis.In 1983, ianapolis surveyed real estate experts on � Ucs. Crimes against persons, such as muggi ' ,were also the impact that adult ente 'nment uses had on surrounding abOV a�erage in such areas.The clustering of ad businesses had properry values. A rand sample(20 percent)of the national �e en greater adverse impact. membership of the Ame can Institate of Real Estate Appraisers was Ena ting Local Regulations used in addition to a ling of Member Appraisers Institute '1'}� studies indicate that the concentration of ad t entertainment members who practiced 22 metropolitan areas. The opinion uses in a community has a serious blighting and d eterious survey found that"respo dents overwhelmingly(80 percent)felt phy ical,social,and economic effect on surrai g areas.The that an adult bookstore 1 ted in the hypothedcal neighborhood stu es suggest that regulations requiring the dis ion of adult uses described would have a egative impact on residential property' are ustified;local govemments should adopt ble regulations values of premises locat within one block of the site. Of these,21 to uire that adult entertainment uses be separa from residential percent felt that the pro rty value would decrease in excess of 20 dev lopment,churches,schools,or parks. percent, while 59 pe t foresaw a value decrease of from 1 e adverse effects of adult uses have a suong d direct effect on percent to 20 percent." pe� le's perceptions of their neighborhoods.Th quantifiable Seventy-two percent f the respondents also felt that there would im cts certainiy influence"quality of life"consi rations.This be a detrimental effect commercial pmperty values at the same rel 'onship was noted in the amicus curiae brief for the Renton one-block radius.This egative impact dissipates markediy as the �s filed by the Utah and Washington attorneys eneral in support distance from the site i reases,so that at three blocks the estimate of enton:"[p]reventative versus after-the-fact ' g is an of negative impact decr es by more than one-half as judged by the ap ropriate means for cities to use in protecting d preserving number of respondents ndicating negative impact at three blocks. po sibly their most valuable resource—`quality o life'."This is a P6cenix. A planning partment study compared three study areas ��d and important concern for planners. containing adult ente 'nment uses with three control areas that al ofi'icials who want to regulate adult ente ' ent uses had similar demograp c and land use characteristics but not adult sh uid make sure that their planning and law en rcement officials enteRainment busines .Their study indicated that,on the average, cl ly document any problems. Moreover,the 8ctual basis for any "in the three study ar ,property crimes were 43 percent higher, or inance should be introducad at public hearin fi and made a part violent crimes were fo r percent higher,and sex crimes were over of e official record,as Beaumont did. Beaumo also place�on file S00 percent higher th in the control areas." wi the city secretary a series of maps that sho the numerous 1 ations where adult entertainment uses were 'tted under the St.Paul,Minnesota. 1978 planning department study on"Effects or inance. Evidence as to the continued availab ity of economically on Surrounding Area f Adult Entertainment Businesses"concluded: vi ble locations for adult eniertainment uses a the passage of the (1)that there was a s 'stically significant conelation between o inance is ctitically important. neighborhood deterior tion as reflected in housing values and crime e Supreme Court's decision in Renton coul determine whether rates and the location f adult entertainment businesses;(2)the o e community can rely on the study of anothe 'in formulating statistical relarionship as still significant after taking into account Z ning standards. The issue goes far beyond ' g for sex certain marketing fact rs;and(3)there was a stronger correlation b sinesses and questions the practice of planni g officials sharing with neighborhood de erioration after establishment of an adult fi cal impact studies,traffic impact analyses, king surveys,and entertainment busines than before. d sign studies for the purpose of transferring e results into Beswnont,Texas. e effects of the concentration of adult o dinance requirements. In the final analysis, enton may push entertainment uses in umont was clearly illustrated in the �nY local govetnments into spending more o 'planning studies that Commercia[Revitali ion Plan for tiee Charlton-Pollard ument the factual basis for local standards, pecially in highly Neighborhood that w prepared by the city's planning department ntroversial areas where zoning controls pote tially restrict in May 1981. This p described the economic dec(ine that 1 P��t constitutional rights such as the righ to free speech. � , � -`a- � - - �: � � *,, �" � � .,r.. �.. � , , _-: «: -- _ "�� ._- .� � _- = — i .- .. - _ . . -. . .: � ' _= -l�i= = i�!` - . - ; _- � __��- !t� _=_ _ .__ �� _ ; „ � O� �� Lewd Dancing '�r �; w �, ,. _ _ . . . _. ,-., a .� _�. m_ ,...,�. . `�c:-�_ -�._. . -. :..._ .. s . ..,�;.o A simplified appr ch might let the customer know what he's getting at the same time give the rest of us a br uk. All photos courtes of Herring Design Quarterly. 3 .�• . � pe 't denial—densiry,flood hazards,and traf�'ic ngesdon—were �g�l COUI't AVOI not nique to the proposod group ho�and did distinguish the Taking Ruling ( Alo) ho from the other permitted uses. I striking down the ciry's permit denial,howe 'r,the court Last June the Supreme ourt threw out a$350,000 damage award �J ed the federal appeals court's conclusion tha �the mentally that a federal appeals rt ordered the Williamson Counry, h icapped should be given spxial status under Constitutiods Tennessee,planning to pay to Hamilton Bank for blocking the e9 Protection clause.Typically,in equal p 'on challenges, bank's plans for a new idential subdivision. Hamilton Bank had cou test only to see if a zoning restriction is" bly relaud" convinced a district cou jury that it was entided to an award of to me public inurest or objecdve.The Fifth C' it,however,had damages for the period t the county's zoning restrictions had � �t laws affecting the retarded shaild be s ject to a more fiustrated its develop nt plans,and the federal appeals court exa ' g standard of judicial review. U�er a tou er test,called upheld that judgment. e Supreme Court sidestepped the issue of � ��ate scrutiny,the city's zoning decision ecting the whether local land use gulations may constitute a taking of ine tally retarded had to serve"important"and" pelling" property without com nsation,leaving takings(aw in the state of 8o ernmental objectives in order to be valid. In ediau scrutiny confusion that has pers' ed since the Court's 1981 decision in San is plied to laws affecting groups that historicall' have been subject Diego Gas and Electri to 'streaanent on the basis of deep-seatod preju 'ces(such as In Williamson Coun Regional Planning Commission v. Hamilton �'o en).After concluding that the mentally re ed were such a Bank ofJohnson City( 3 U.S.L.W.4969),the high court ruled,7 8 up,the appeals court applied this stricter test the Clebume to i,that Hamilton B 's claim for damages was premature zo 'ng code. because the bank had f 'ed to apply to the county zoning board of e Supreme Court rejected the appeals court' application of the appeals for variances to seek a damage award in state court under �n rmediate scrudny test for the ordinance,say' many of the past the state inverse conde don law.1'he Court concluded that these Pr judices have been eraSed by federal and state ws protecting the two steps were neces before it could evaluate whether a ri ts of the retarded. The majority opinion hel Khat decisions "temporary taking"ha occurred. a ut how to treat the retarded are"very much kask for legislators The high court conc ded that the counry planning commissiods gu ded by qualified professionals and not by the rhaps ill-informed denial of the approval f the proposed development did not o nions of the judiciary." constitute"a final deci ion regarding the application of the zoning e Court also concluded that their refusal to rant the retarded ordinance and subdivi ion regulations.°Without a"Snal,definitive �► special protection of heightened scrutiny d n't leave them posidon,"the court w unwilling to coasider whether the zoning u rotected.According to the Court,legislatio ithat discriminates reguladons went so f as to have the same effect as a physical a inst the retarded is still subject to the uaditi equal protection taking of land that req ired compensation.In so ruling,the Court te t:that there be a rational relationship betwee !the law and indicated that a lando ner must virtually°e�aust"ihe state and 1e itimate government interests. local appeals before it would be willing to debate whether zoning reguladons can have e effect of taking of private property. Justice Brennan,in concurring opinion joined by Justice White, ,� ��u�^�^ agreed with the majo ty's ruling that the case was not yet �I N reviewable,but noted that this did not indicate that he was departing from the views he set orth in San Diego Gas and Electric: that government must co pensate landowners for regulatory takings. Justice Stevens,also oncurring,took a different view,noting that te Planning and "even though these c troversies are cosdy and temporarily harmful sign for the Elderly to the private citizen,as long as fair procedures aze followed,I do �ane R. Carstens Yan Nostrand Reinhold Company, Inc., not believe there is y basis in the Constitution for characterizing S W. SOth St., New York, NY 10020, Ma 1985, 170 pp. the inevitable byprod ct of every such dispute as a`taking'of private p��,� 39.95. More information n the case will be included in a forthcoming Th�s book examines design issues and g elines for site issue of lanal Use La &Zoning Digest. Also see"Planning lanning for housing for the eiderly. The d ign guidelines Practice" in the Au st issue of Planning. pply to many development types includin low-rise, high-rise, nd mixed-use developments. The book pr ents case studies of nique design solutions for entryways, par "ng, patios, roof- p gardens, and recreational areas in hou g developments ��g B�n or the elderly. Ret�rded Inv dated Last month the Supr me Court invalidated the Clebume,Texas, ning News is a montlily supplement to land Use Ivw ik 'ng Digest and the PAS zoning decision that locked a group home for the mentally retarded emo,published by the American Planning Association. rate subscri�Mions are from a neighborh where similar uses such as boardinghouses, vailable for S25(U.S.)and S31(foreign).Israel Swllman �Executive Dirxtor,Frank .So,Depury Executive Direcror;Judith Getzels,Directo bf Research;Sylvia Lewis, apartments,hospital ,and nursing homes were allowed by right. bucacio�s n;reccor. The high court co cluded that the city violated the equal ning News is produced at APA.Thomas P.Smith,Edit ;Jim Hecimovich and protection clause of e U.S. Constitution when it denied a special Adele Rothblatt,Assistant Editors. permit for a group me for the mentally handieapped without Copyright �O 1985 by American Planning Associauon,13 8 E.60th St.,Chicago,IL demonsuating adeq te reason for the denial. The Court invalidated �37.The American Planning Association has headquart�s offices at 1776 only the permit deci ion,not the zoning ordinance. It concluded that Massachuseas Ave.,x.w.,Washington,nc zoo36. "the record dces no reveal any rational basis for believing the pll rights reserved.No part of this publication may be re uced or utilized in any FCflttlCiStOI1C(gI'OII home would pose any special threat to the form or by any means,electronic or mechanical,includin 'phaocopying,recording,or City's legitimate int StS.°The record showed that city officials by any infortnation storege and rcvieval system,without rmission in writing from the denie�the permit o the basis of the neighbors'"negative attitudes American Planning Associadon. or fears,"which"a not pernussible bases for treating a home for the mentally retard differendy from apartments,multiple dwellings,and the e."The other factors listed as the basis for the 4 „ �' - �'s �� / �� y C-s' � �� S” v � � �°L.�S c� _ �r � � 7'� /'�/Gc'71'� c.,° � ��"C s.1' , . _ _ , . /(/ .�t'l� e _ _ � p� � e s,� . : . ', � -_ , _. . _ � �. __ /�l 1 C.,�� -*�I� � _ , ; _ Gc�rf� . �' _ b_ � l � � � � � z-�-.�� _ _ _ - �� _ � - _ �_ _ �� . -- - ,�- _ __ _ - - _ , _ _ - _ �-y,.� � - � _ _ _ _ _ _ -- - - � p �..�,�. _ _ _ . _ _ . _ _ . ��. . I _,�?, '��. �� ,� - . . - _ _- �_ ,��1,�! _ _ __ _ : _ _ _ _ '� � . �� , _ ��; _ _ ��-�� _ _ __ _ _ _ _ ___ _ . __ __ _�� ' � _ t� � _ s , - ..�_ . _ �t�" : _ k ._ _ _,a� _ _ __ __ r/�./�''` ' t " . t � C.��_ ._ _� _ __ _ ._ _ ' 1 . , ��..�� ,lt � _ � � /`�, ' L�.c„c,.jc.. '�� ; . � : . _ __ ._ - . -_ _ . � � ,,,�,.. ►�� - -- _ _ _ . t _ u:,�Q . _ � _ � ..; _ ,� ' ��<� .� �� ; . . � �,,,�� -�:� �,< : /�.o.y .� _r� ��',,� �'$� - , , . - ��' � G�_ q _ _. ._ J ��_� _ Lllvtv �' �j__� _� r►^ � �" / // { � .. r � / ��.� � f � F . . � . . . .. . - . .�4. .._...�1..�!� �{�/ . .. .. . ._ . . ..._. 1 . '1 •�� \� . . '](';\J ... . . . ._ .. � _ ;.�. �- _ . . _.. ........ ... . .... .. . .... ._._. ._.. ._. .. �1. . .... . / / ^ �/'�/^ � � � f�i'.. . . . �, � ': � �lfe-n- _ 4:� f . � _ �._ _ _ __-� �� , _ _ � - � ._ .. . _ �L�� N� J Sf 22_��S�t Z I � ��(S �N�tr� . � � � GZ }'12 � _ _� r e.�,�' _ , _ _ 'r � � o��rl;�-- _ _ _ _ ' ��, �' _- �� - - 110 _ f , - _ � �� . 1 - _ '�. _ __ _ ✓�, � _ ,, - �, � �� _ � — _ , _ _ _ — _ .. __ _ _ , _ _ _ _ _ _ — _ _ _ -- _ _ ___ __ _ _ _ ; _ ; : -- . _ _ i _ _ : _ _ _ a . _ _ _ :_ _ . , _ — _ _ _ _ _ _ _ _ _ _ _ . _ _ _ — - — _ _ , � _ . , , " P � �i � � �� " � -S S' I - � � , ----=---- ��---_--- f'/ Y!_� � -d �o�r � s.Y a � � dd r '' .�.ss --- a��,. �9.��s_�� _ � ' ---�-�--- - �� ---- - - � !u 1� e y� �H ! ✓ s � � �� n � __---- ��- --- � a �_�__ �.� T , - --- -- ° °-"!--� - � P�° o �[� ---� ---�� 2 z � _ 5 D __ _. ---- -- � 5� � -------�--� ---- I 5 Z ____ _ � �� ._ � �� _ ��ca� � ��r.r�l � . _ ., - � - �. :; � . i ; , Y , � � . �_ - -------_----_--- ---- - _ " �.__ _ . .h �; . � i � � � -- ' � _ _ . � 5� ��, ; _ �� : �- _ �z, �: - _ � , . ' � _ . _ ! _ , _ _ _ � S� , _ _ . _ . ._ _ _� : _ _ _ _ _.. _ ; _ , : _ _ _ . __ __ __ _ � � _ :_ __,. _. . _ _ __ __ � _ _ _ ._ _ _ _ _ _ _ _ _ __ _ _ _ __ ___ ___ __ _ __._ � ; _ _ __ _ _ __ _ _ _ ___ __ _ : � - , _ ;� - ��-- g, � , ' -� � -� �-�e-S� S' f ac,� r.� � �- � � � � �� " -� /��I�e o�c�r��'s � �'h e ---,�� e�s' -- /1�t,/ / r' rYr - -- - /� �!�"�� ---�� L-�iQ/✓�%/v L–'i� L.�= --_- �1'p ��/1� --- � ' �3 � ►�►� � � � � o i ,��,� ,� G��VE � � � -- -- �� s �'��------ � _ _ �, ��,� Gl p '`°� ._ � � 7s � - i,c �.� _ f� a J��//_`� — �— K r ��/� �� _ — � o � -- ____�-� —�� '�O� — s� A�2 � P� A � tl . � � - � `�a�-� S !6�8 � '�- �-c, ��_ � ��.—.3S_" �o� � f.E'MrR9 ! ��SrR� bwT�Ort� 1��- �l� �� s 3 v � �,,Z - - Ii ; � � — ��—s-- -- � _ _. �==-- � ; ---- � � ' I _ - — , � � � �� . �� • . _/ . _ � / /�Q��,° _ �'/ � _ _ '�f �. y�d9�"�� ._ Q �'�i � , � c��r e.r.�' '� Z� � � � � 5 �� „ . 'c,'� � _ _ Z� rg��1 � �t� �`' '� _ � a-. , ,� .. � - � _ . i�� / ' �-�/ V�_,. _ _G��'� _ /��%�ri1� „ �� _ � � G -- _ - ��`� /�� , �� . _ ;. ��--- � �� `.��- _ , _ . . � __: � �� c o�G� ��,�s�,�. _ _. __ _ r�-�� s�� .�_ _ . _ ��3 , ��. � , . -- g a-1 __. . o-u-s� �r�._ _ � ��.� _��_�� _ __ _ . � - ' _ _ ��? �� / �_ ' � ` �� __ p � � _ _ _ _ � _ _ , . , . � �� , �.� � c�--C,�c�—°��_ � � _ _ _ . _ �� f � � ; , ` � � _ _ _ _ . .. ___ ______ � _ _ � _ _ _ :_ � , � _ . _ ___ _ _ ___ _ _ _ _ _ _.�._ _ .______ _ _ _ , , _ _ _ _ _ _ _ _ : _ _ _ _ _ _ , � � . ' � ADDENDUM ' PLANNING OMMISSION RECOMMEN ATION ' , The Planning C mmission held a public hearing the proposed adult entertain ent amendments on May 27, 19 3. Following ' public testimon , the Commission referred the tudy back to the Zoning C mmittee. The Zoning Committ e held three discussions at t eir regularly scheduled meeting in June and July, and o August 12 make the following commen- ' dations to the lanning Commission. The Plann ng Commission unanimously ap roved the proposed Zoning Cod changes as amended by he Zoning Committee. � AS PROPOS D MASSAGE PA LOR SAUNA HEALTH CLUB IN Any establishm nt licensed by Chapter 412 of t e City Or- ' DRAFT dinance and ha ing a fixed place of business wh re massages ORDINANC are administer d for pay, including, but not lim ted to, massage parlors, health lubs, sauna baths, and steam ba hs. This definition shall not be construed to include a ho 'pital, nursing � home, medical linic, or the office of a physici n, surgeon, chiropractor, o teopath, or physical therapist d ly licensed by the State of Minnesota, nor barber shops or auty salons � in which massa es are administered only to the scalp, the face, the neck, or the shoulders. This definitio ' shall not be construed t include a non-profit organizati n operating � a community c nter, swimming pool, tennis co rt, or other educational, c tural, recreational, and athleti facilities, and facilities f r the welfare of the residents o the area. � RECOMME DED An establishm nt licensed b Cha ter 412 of th Cit Le - REVISION islative Code d which restricts minors b vir ure of a e and including sical culture and health servi s h sical ' culture and he lth club reducin club reducin salon and massa e arlor. This definition shall include a buildin room structur lace or establishment used b the ublic ' other than a hc s ital, sanatorium rest home n rsin home boardin home or other institution for the hos ttalization or care of hum n bein s dul licensed under th rovisions of Minnesota S atutes Sections 144.50 throu h 144.703L � inclusive whe e non-medical and non-sur ical ani ulation exercises or m ssa es are racticed u on the h man bod for a fee or otl er valuable consideration b an one not dul � licensed b th State of Minnesota to ractice edicine sur er osteo ath chiro ractic h sical the �a or o- iatr wit or wrt out t e use o mec anical era utic ' or bathin devi ces or an room or rooms from hich a masseur or masseuse is dis atched b tele hone or othe wise for the ur se of iv n a massa e• rovided that no assa e or a fee shall be iven exce t in a licensed remi �e. ' � , i � � i DISCUSSI o i The City Co ncil recently revised the defini �on of massa�e parlor and r lated businesses found in the lic nsing section � of the Legis ative Code. For consistency in nterpretation and adminis ration, the Zoning Committee r commends that � the Zoning ode definition be revised. SECTION 6 .543 PRINCIPAL USES PERMIT ED SUBJECT TO SPECIA CONDITIONS (IN THE B-3 ZO E) PROPOS D (9) Adult u es subject to the following cond �tions: (a) The use shall be at least 1000 radial feet from y other adult use measur d from front door to front door f the buildings in which th uses are located; (b) The use sh 11 be located at least 100 feet from residentially zoned p bperty measured . from the fr nt door of the building in which �he adult use ; is located t the closest residential propert �line;(c) There shall be no ccess to the alley or to adjacen residential property. RECOM ENDED (9) Adult us s sub'ect to the followin cond' ions: (a) The �� REVISIO uses shall located at least 1320 radial fe t from an other t` adult use asured in a strai ht line from t e closest oints of the buil in s in which the adult uses are cate • b T e '' adult use s all be located at least 200 radia , feet from an � residentiall zoned ro ert measured in a ' rai ht line from s; the closest oint of the buildin in which th adult use is located to he closest residentiall zoned ert line• this �q condition a be waived if the rson a 1 'n for the waiver shall file w th the Plannin Administrator consent etition �; which indi ates a roval of the ro sed a !t use b 90 c:: erp cent of he ro ert owners within 200 dial feet of the lot on whi h the use would be located• c e use shall not be located within a buildin also used for r idential ur oses• d There s all be no access from the buildi in which the use is loca ed to the alle or to residential zoned ro ert . ii .�.x,.._.,,,��„�,�.__ . . ._ ..,,� ' . � IDISCUSSION t The Planning Commission, following a public earing on May 27, 1983, ref rred the adult entertainment o inance back to the Zonin Committee. Subsequently, the Zoning Com- ' mittee discu sed the ordinance at three of th ir cegularly scheduled m etings. The Committee determ hed that the ordinance la guage should reflect the intent d purpose of the amen ment: to regulate a highly inco patible com- ' mercial use y dispersing the uses to avoid hcentrations and by settin reasonable distances from resi entially zoned property. T e Committee also determined, i light of public � testimony an additional research and mappi g, that the proposed req irements could be revised to pr vide for stricter standards wh le still maintaining the constitu ional rights of the adult ses. � , (a) 1320' bet een uses: The Zoning Code us this same measuremen to disperse group homes, so th re is an argument � for consisten y in regulating uses which by ncentration change the n ighborhoods in which they are 1 cated, although certainly not in the same ways. The 1320' re resents a quarter � mile or appr ximately two and a quarter blo s along a typical commercial trip. At 1320' between uses, th 're would be approxima te y 7 5 loca tions zone d B-3, I-1 or -2, w h ic h cou l d provide adul use sites. (This estimate does t take into ' account the istance from residentially zone property requirement.) (b) 200' fro residentiall zoned ro ert : xtensive mapping , indicates th t the 200' distance requirement ould provide for approximately 78 areas for adult uses, wi hout the waiver applied. Mo t of these areas are located in I 1 and I-2 areas, large B-3 ar as, B-3 areas which are adjacen to other com- , mercial or p rking zones which provide a buf er for residential property, or ong streets such as West Seve Ith or Prosperity which are p! tted at an angle to typical perp ndicular street ' patterns. T e 200' is the same distance that licensing uses for its conse t petition for massage parlors d live enter- tainment; th 90 percent is also consistent w th licensing , consent peti ion requirements. The measure ent from building to property 1 ne is consistent with the metho zoning employs for other us s, such as game rooms. The wai er provision ' provides an pportunity for adult uses to loc , e in a restricted area when t ose people most affected conse 't to it. , ' iii ' � (c) Adult uses and residential uses rohibited same buildin � This requirem nt originally was only included ' the B-4 and B-5 (Downtow ) requirements. If the intent is �to separate � incompatible ses, then this becomes a reason 'ble requirement in all zones. (d) No access to alle or residentiall zoned o ert � This language s the same as in the original dr t of the ordinance. It too is desig ed to buffer incompatible uses. SECTION 60. 44 PRINCIPAL USES PERMITT 'D SUBJECT TO SPECIAL ONDITIONS (IN THE B-4 ZON D ' PROPOSE (2) Adult use provided the use shall be at lea 300 radial feet from any other adult use. RECOMME DED (2) Adult uses sub'ect to the followin conditi ' s: the use REVISION shal! be locat d at least 300 radial feet from other adult use measured n a strai ht line from the close oi�ts of the buildin s i which the adult uses are locat • b T e use shall be lo ated at least 100 radial feet fr m an residential � use measured n a strai ht line f rom the close oint in which the use is loc ted to the buildin in which the esidential '� use is located c The use shall not be located iwithin a buildin also used for esidential ur oses. DISCUSSION The Zoning C mmittee determined that the d wntown area should also in lude provisions for separation o residential and adult use , in light of the City's policies c ncerning making , d�wntown a p ace to live as well as to shop. (a) 300' betw en uses: This requirem nt is consistent with the origin ordinance � language. Th 300' represents a more or less ypical down- town block. (b) 100' from residential uses: � Technically, I1 of downtown is zoned comme cial and residential. The !00' f rom residential uses, evidenced by apping of the downtown, w uld provide for approximately 2 sites which �� are zoned cor ectly and which are more than 00' from residential uses. _� SECTION 60. 63 PRINCIPAL USES PERMITT D SUBJECT TO SPEC[AL ONDITIONS (IN THE B-5) � See Section 6 .544 iv .� .,.�,. . -..-,.,..-�, ,a..._.. ._,,.,...,�,�-.��. 1 � � � ,' � D D � D � D 1 � � � 1 � � l. Who initiate the study? The City Co ncil (Resolution ��276732) � 2. What is the cope of the study? � The study ex mines adults-only uses: adult unas, adult � massage parl rs, adult theatres, adult bookst res, and adult live entertai ment, and makes recommendat i�ns to regulate their locatio . - � 3. What recom endations does the study make. � The study re ommends amendments to the Z ing Code intended to c ntrol incompatible uses and co �centrations of adult ente tainment: � - Define ad It entertainment uses. - Restrict a ult entertainment to B-3, B-4, 5, and I-1 zones. � - Make adul entertainment a special condi on use, requiring a public h aring. - Require in a B-3: l000' radial from other dult entertain- ' ment uses 100' from residential property; o access to adjacen residential property. - Require in the Downtown (B-4, B-5): 300' r dial from ' other adul entertainment uses. 4. What problem are addressed by the study? , - Existing z ning and licensing regulations not adequately differentia e between adults-only and othe uses. - Adults-onl uses are permitted in restricti �e office � and comm rcial zones intended to serve ne ghborhood needs. - Concentra ions of adult entertainment cha ge the per- � _ ception of eighborhoods. Regulation must guarantee the rights of b th the business owners and the neighborhoods. � DIVISION OF PlA ING • DEPARTMENT OF PIANNING AN ECONOMIC DEVEIOPMENT • CI OF SAINT PAUL � CITY HALL ANNEX • 25 WEST FOURTH STREET, SAINT PAU , MINNESOTA 55102 • TELEPHO E:612-298-4151 i � S. Are the re ommendations consistent with he Comprehensive � Plan? Yes. One f the Plan's major goals is the rotection of the City's eighborhoods. INOTICE OF P BLIC HEARING IThe City Council has initiated a 4 Acre Study relative to the reg lation of dult entertainment uses in Saint Pa 1. Specific texts of the Study a e on Ifil in the Zoning Section of the City Pl nning Division, located at the ity IH 1 Annex, 25 West Fourth Street, and may be viewed there upon requ st. The Planning Commission has fixe the 27th day of May, 1983, at :00 Iin he morning, in the City Hall Annex, 15th Floor, 25 West Fourth Stre t; and at said time and place the Planning Co mission will hear all testimony elative Ito the st udy. � Li Anderson, Chairman ISa nt Paul Planning Commission � r � .�. � " ' , , I. INTR DUCTION Saint Paul's dult entertainment industry is relatively innocuous one. There re several notable exceptions w 'ch are highly visible, at th corners of University and Dal and at Wabasha ' and Ninth, b t m�t remain scattered and is lated. Inadequate regulations f these adults-only uses, howev , could result in these exc ptions becoming the rules throu hout the City. ' These specif c cases flag the need for foresi ht in providing safeguards f r all of Saint Paul's neighborho ' s. This paper is in response to a City Council in tiated 40 Acre , Study to inv stigate Saint Paul's adult entert inment industry and to reco mend regulations to control its ncentration. � II. AUT ORITY � The concept f "inverse zoning" to eliminate �concentrations of skid row sinesses was first implemented '�by the city � of Detroit in its "Anti-Skid Row" ordinance opted in 1962, . and amended to include sexually-oriented bu Inesses in 1972. The ordinan s provided that an adults-only siness could not be locat d within 1000' of any other regu lated �se or � within 500' o a residential area. The ordina jces were subsequently challenged o their constitutionality by the o ners of two adults-only t eatres. ' In the landm rk Youn vs. American Mini-Th atres 427 U.S. 50 (1976) De ision, the United States Suprem Couct held � that: 1. "The De roit Ordinances did not have a gnificant deterrent effect o the exploitation of films prote ted by the First � Amend ent. 2. "...Apar from the fact that the ordinan �s treat adult � theatres differently from other theatres �nd the fact that the classification is predicated on t content of material shown in the respective theatre , the regulation of the pl ce where such films may be ex ibited does � not offe d the First Amendment 3. "...The ity's interest in the present and uture character � of its ne ghborhoods adequately supports its classification of motio pictures. We hold that the zo �ng ocdinances , requirin adult motion picture theatres t be located , within 1 00 ft. of two other regulated us s does not violate t e equal protection dause of t Fourteenth Amendm nt." ' ' ' -1- ��-- 9i In other words, t e Supreme Court found that re ulation of the !p ace whe e adults-only films may be exhi ited does not violate free xpression: a city's interest in pl nning and regulating the u e of property for commercial Cposes is clearly adequate to support locational restricti s. Subsequent to th s Supreme Court decision, man cities enacted zoning legislatio designed to regulate the locati n of present and future adult entertainments. Some have m eled their ordinances after the Detroit Ordinance and othe �s have major variations, such s Boston's infamous "combat zo e". However, the following pri ciples can be used to construct �constitutionally valid ordinances � 1. The greater is the vagueness inherent in an rdinance's wording or finitions, especially if rising t the degree that a non- rnographic entrepreneur must orry whether . he is within the ordinance's prohibitions, the more likely it is that th ordinance will be struck down. , 2. The more e ident and rational is the relati hip of the adult-use re trictions to recognized zoning rposes, such as the reservation of neighborhoods d the grouping of compatib e uses, the greater is the likeli d that the restricti n will be upheld. 3. Locational r strictions cannot be so severe to result � in an inabili y to accommodate the present d/or future anticipated umber of adult businesses in a "ty. In Youn�, the court up eld the Detroit Ordinance upon finding that numer s sites complying with the Det oit zoning requirement were available to adult busine es and that the ma ket for sexually explicit fare, v �ewed as an entity, w s therefore "essentially unrestr ined". 4. An ordinanc which grants administrative of icials dis- cretionary wer whether or not to allow pa ticular � adult busine es to operate is more likely to be struck down as viol tive of the precept, emphasize by the Young disse ters, that in the First Amendm t area "Governmen may regulate only with narrow'specificity". , -2- , 1 , III. SCOPE F STUDY Adults-only bu inesses may be divided into tw broad cat- egories: sex-r lated and alcohol-related. Tho which fall under sex-rela ed are the saunas, massage parl rs, adult ' theatres and okstores; those included as alc ol-related are generally tablishments with liquor licens s. ' This discussio is restricted to the.first categ y, sex-related adult entertai ment. The second category, a! ahol-related, is not included for several reasons. problems a ociated with bars are gener lly related to operation rather an to location; , it is almost im ossible to distinguish between bar and a restaurant wit a liquor license; given the limi ed amount of B-3 zoned p operty in the City, restricting hem to that � zone would vir ually eliminate alternative loc tions and would create a long 1 st of non-conforming neighborh d businesses. Licensing is th more appropriate way to regul te bars. There are stringent r quirements including distances �rom schools, , churches, othe liquor license; operational pr dures; City � Council public hearings with mailed notice; an , of course, the possibility f revocation. � ' IV. BACK ROUND At last count, here are twenty-four adult ent rtainment establishment in Saint Paul: 10 Sau as, Massage ' 7 Adu ts-only, live entertainment S Boo stores 2 The tres � All of the twe ty-four are zoned for commerc r�l use: , 6 B-2 Community Business) 12 B-3 General Business) 4 B-4 Downtown) 2 CA PB (Capitol Area Boacd) Jurisdi tion � Eighty-five pe cent (21) are located on major horoughfares: University, Sn lling, W. Seventh, Rice, Arcade and Payne; ' the ather thre are on Grand, Hudson Road an Milton. ' ' ' ' _�_ _ . . . _ . . .. _. . , t_ ._ _ ,� .Y.....- r:,. , _.�...,..�.T - ._�..- _ .. ._. ._ .._._. .... . . . . _ . . _ ._ . . '.F'•� '.... . . .. _. . .�. , . . . . . . . . . . . . . w � , •+ , � ` ' < < ��^ � � - 1 `' � � j � -... �� . � = s l. ' �i '� '_, ' 0 5 : � � '`� ; f s � S t � ♦ � ,.• ,�o v i'' �. �i . 's .,1 � � � ✓•' t. �s� ` � L ' ,� ..'. ' �; � . �e°�. �,' '� i r `�Y t M e e �F � �.,��j : � (�f `� —� i � ...,�_. � � +` --i�--� .• �C _1.l". v � • .` : y � fi j•, � ,,�] �� • J� � � h 1� Y � + ,� l N I� � :a�.. ''` • ♦ � •� ��, • ��` rJ �� rk� � yL .� * lx��au: AOU1tEmerumment � ,.1 . � �+ f - " � ��•� � - - - , \e..�.___ , �, -� �' '��_ � �ri� � Y' .� '}; The total n ber has dropped from thicty i 1977: 10 S una/massage parlor 13 L ve, adult entertainment 5 B okstores 2 T eatres While sauna , massage parlors, bookstores, hd theatres have remained c nstant over the past five years, ive adult entertain- ment has de reased. This pattern with resp t to saunas, massage pa lors, and live entertainment is rtainly in part "`'' due to more restrictive licensing regulation which involve consent pet'tions and public hearings with day notice. Saint Paul c rrently regulates these adult tertainment uses in two ays: zoning and licensing. Th se regulations are summar zed in the following chart. -4- -- . ,,,,.,�,,...��.- _.,._- , � , � ZONING CENSIN , CITEO iI11ST �UlLtt OEiIMED OEi1NE0 OISTAtKE ii lLIC CITY CONDITIOMS CATEGONr IN 20ntNG iENnITTEO u11NG IM COOE IIEp1II1EMEMTi i10E COUMCIL (NEIGNt011MOW CODE (YNERE) MOTICE NEARING ISSUES) �0lIlT lOORSTp1ES NO' !-1 MO Mp Iq� p Mp p Np (�S RET�II , SIILES) !d(�S 200' fNOM �0 ry1Y 1�5 CIUNACTE0.OF NUUN ClU ) RESIDENT(11L: ' 0 300' ME1611lOIIIqOD: SAUNAS AND dl OS•1 (� 1qDfF� 8Y MIOi1MlTr TO w15SAGE PARLORS iq VERSONdI MO NO YES 90S Oi qMERS � SCIIOOIS,CIRlRCMES � . SERYIiE) Y�TN(N 200' OTNER5:INIISANCE AOUIT TNE11tRE5 NO• B-2 MO NO IIO• pp , �p �q Np (AS TMEJ1iR�) � UYE ENTERUIWENT NO 8-2 NO NO 1'ES 90f CONSENT 130 MY IES MONE STATED (ACCESSONY Of NESIDENTS I 0 700' USE) YfTNIN 200' [ONYEN511TION, NO OS-1 NO NO YES MONE � MO Iq iq - _ MV PARtONS � • Mo elscrt.t�aelon Decre n�aules-oniy anA ocne�vses � V. 1SSUES ND One of the maj r goals of the City's adopted C prehensive � RECO MENDATIONS Plan is the pres rvation of the City's neighborh ds. Without controls on the rowth and locations of adult ertainment, the City's neigh rhoods could change dramatic lly; the perception � of decline asso iated with adult-entertainment s critical to a neighborho d's well-being. Controls should address the way we protect our neighborhoods in at least th ee areas: � existing regula 'ons, incompatible uses, and con entrations of uses. A. DEFINITIO : EVALUATION OF E?CISTING EGULATIONS � 1. ISSUE � The Cit 's existing regulations were sum � arized in the char in Section IV of this paper. Th're are some easily di cernible omissions in these con rols: � Zoning: The Zoning Code does not discr' inate between adults-o ly and other retail/service/com ercial uses. Adults- ly bookstores could be located 'n the B-2 � (Commu ity Business District) just as an other bookstore or retail use; and adults-only theatres c uld be located in the B 2 just like any other theatre. unas would � probab! be determined to be similar to alth clubs and allo ed in the B-1 (Local Business D strict); and massage parlors and conversation parlor would probably be regar ed as providing a personal serv'�e and permitted � in the m t restrictive of the commerci zones, the OS-1 (O fice-Service District). � � -5 . , � � Licensing Likewise, the City's licensing dinances do not dis riminate between the adults-o y bookstores � and theat es and all others. Licensing re uirements for sauna and massage parlors are string t, requiring consent f om neighbors within 200', a Cit Council � hearing ith 30 day notice, and provision for protection of neighb rhood character; the only locat lonal require- ments in icate that the use must comply ith the � Zoning C de. Enforcement has been a pr blem because many est blishments have simply change their names to "healt club", subverting the original i ent of the � law. Ent rtainment licenses are required'where liquor is served and consent, notice, and public aring require- ments ar similar to those for saunas and anassage parlors. � Certainl , there is a difference in the Fa 'st and the Grandvi w, in the Wabasha Bookstore an � Odegaard's, • � in a real or's office and a massage parlor but our existing rdinances and codes don't refle t those inherent differen es. As a consequence, the busi ssman along the com ercial strip has no assurance t t an X-rated � theatre ight not move in next door; the resident, no assur nce that the local dentist's offi ' might not become he neighborhood massage parlo � � 2. RECOM ENDATION Recogni ing that the Supreme Court in i s decision � involvin the Detroit Ordinance found t t the lp ace where f' ms may be exhibited does not fect the right of free xpression, amendments to the Z ning Code � should i clude definitions of adult, adult -only theatres, booksto es, saunas, massage parlors, co �ersation parlors, and cabarets (live adults-only e �tertainment). � 3. DISCUS ION A good oning definition enables planne +s, officials � and the public to distinguish between si ilar, but not identic l, uses. Adult entertainment ha been defined in two asic ways: the "Detroit model" hich very ' explicit y lists "Specified Sexual Activi es and Anatomical Areas" nd the "Boston model" which re 'ies on existing State o scenity laws which prohibit the distribution , of porn graphic material to minors. Th approach propos d here is most similar to the "B ston model" with th great advantage that any oper tor who avoids violati g the State's obscenity laws will'automatically � prohibi attendance by minors; the rest '�ction of the adult u es becomes, to a large part, sel '-controlling. Thus o ce an establishment is required o place itself ' off lim ts to minors, it concurrently be mes subject to zoni g restrictions. - - ' , � � B. PROTECT ON FROM PERMITTED BUT llV OMPATIBLE USES � 1. ISSUE Saint aul's Zoning Code has a number f different , comm rcial zones, each with a specifi intent: OS-1: he OS-1 Office-Service Distric is intended � to acc mmodate various types of offic use performing admini trative, professional and person services and to erve as a transitional use betw n the more intensi e uses of land such as major th roughfares � or com ercial districts and the less int nsive uses of land such as one-family residential. � B_l: T e B-1 Local Business District i '�intended to � permit those uses as are necessary to s tisfy the basic conven'ence shopping of service needs f persons residing in near y residential areas. • � B-2: e B-2 Communit Business Dis ict is intended to ser the needs of a consumer popu tion larger � than t at served by the "Local Busines 'District;' and ge erally characterized by a clust of establishments genera ing large volumes of vehicular d pedestrian � traffic . B-3: e B-3 General Business Distric is intended to pro ide sites for more diversifie ty es of businesses � than t ose in the B-1 and B-2 business istricts, and is inte ded for location, along major tr fic arteries or adj ent to the Community Business Districts. � B-4: e B-4 Central Business District is intended to per it those uses w ic provt e for variety of � retail tores and related activities, and!for office buildin s and service establishments w ch occupy the pri e frontages in the Central Busi ess District; and w 'ch serve the consumer populati beyond the � oorpor te boundaries of the city. B-5: e B-S is intended to provide th necessary � servic s for the population area which s served by all of he previous business districts. S ch service establi hments often involve objection ble influences, such noise from heavy service opera ions and large � volum s of truck traffic, and are thus i compatible with t e previous business districts. � � �� ° • _ _ . _. ._ _ _. _ ,. ._ _, . � _ . . . `��T �� Under the exis ing Code, any of the adults-onl uses � could go into t e B-2 district. In other words, he neighborhood, orner drugstore could become Wabasha � Bookstore or t e local theatre, a Faust, witho t benefit of public heari g or community comment. As he Code now stan s, these incompatible uses coul go � in by right, as ermitted uses. 2. RECOMMEND TION The Zoning Co e should be amended to place a ult M entertainment in the B-3, B-4, B-S or I zones. 3. DISCUSSION � Mr. Fercis Ale ander, in expert testimony bef e the Minnesota 4th District Court (in the case of th Minneapolis � Adults-Only O dinance) stated the locational r quirements for successful dult theatres and bookstores. ccording to his testimo y, the type of location required � "at � street leve! in he vicinity of other retail busi sses, with a lot of v hicular and pedestrian traffic, ell- lighted, and cl se to transportation." � Adult entertai ment fits the intent of the B-3, B-4, B-5 zones: the draw from a metropolitan con mer population and typically seek locations along 11- � lighted major etail, traffic and transportation �arteries. Within Saint P ul, that would mean basically t commercial � strips along m jor traffic arteries and the dow town area. This cla ification provides for the need of adult entertai ment while protecting neighbor ods � from the intru ion of people, traffic and acco panying nuisances. The majority o the twenty-two existing adult tertain- � ment business s are already zoned B-3 or high : twelve, B-3 and four, 4. The remaining six are zone � B- 2 and would be non-conforming. � � � � ; -8- � _.__._. ___..._,_ -��_:�..__,....,� � . . . ' rC. PROTECTION FROM CONCENTRATION 1. ISSUE tIn test'mony before the Supreme Court in the case of Gib s vs. American Mini-Theatres, rban sociologist ' Mel R vitz stated a sociological axiom if people believe somet 'ng to be true, even if it not ori inally, they will te d to act as if it were true and, h so doing, t help pr duce the condition originally b ieved. "If residen s of any neighborhood believe t t the concentration of the rescribed uses damages the nei hborhood, they w 11 act as if it were true and will �eek to move , away d allow people with different s andards... It is far t o risky for a city to allow indis riminately into re idential areas any number of co mercial uses ' which ave already been identified as t ose which . concen ration help shake people's confi ence." Within aint Paul, there are two locati s which people ' would adily identify as concentration of adult entertain- ment: niversity and Dale and Ninth d Wabasha. Saint P u!'s Zoning Ordinance already as recognized � the im act of concentration with the 1 20' requirement for resi ential group homes as well as i ,compatibility with re idential uses with the 100' requ irement for ' game-r oms. In You vs. American Mini-Theatres t e Supreme t Court f'rmly established that local aut rities have the pol'ce power to regulate the locati of businesses that de 1 in First Amendment protecte materials provide that such regulations do not li it freedom � of acce s to such materials under the F urteenth Amendment. The De roit ordinance stipulated that s h businesses could n t be located within 500' of a re 'dence or within � l000' o another regulated use. The Ci y of Detroit was abl to prove that there was a "my iad" of locations that w !d be suitable for such business s. The Detroit � ordinan e did not require amortization f businesses that w e in operation prior to approva of the ordinance. � � � � - - . • 1 • 2. RECOMME DATION The Zoning ode should be amended to mak adult entertainm t Special Condition Uses in the -3, B- 4, B-5 and I-1 zones. The conditions would three hundred radi 1 feet between uses in the B-4, -5, (the average dow town block) and one thousand r dial feet between use in the B-3 zone (the one and on half average co mercial blocks outside of the do ntown). The I-1 zone permits B-3 special condition es as regulated. 3. DISCUSSIO Essentially, his regulation limits adult enter ainment to one per o e and a half block faces; the ra 'al foot measuremen prohibits situations on corners ith uses � on both of t e intersecting streets. This req 'rement is consistent with others in the Zoning Code, �such as the 1320' ule for group homes. • With the ex eption of the University and Dal and North Waba ha clusters, the existing busines es could meet this st ndard; and over one hundred alt rnative locations w ld also meet this standard. 4. RECOMME DAT10N 'The Zoning ode should be amended to requi e that adult entert inment uses in the B-3 zone be minimum of one hund d feet from residentially zoned property, measured fr m the front door of the use to t e residential property lin and that there be no access, ot r than for fire and afety requirements, to abutting or adjoining residentiall zoned property. 5. DISCUSSIO 1'he majorit of the City's B-3 property lies ong commercial trips, characterized by shallow ots and abutting res dentially zoned property. If the 100' measure- � ment were ade from building to property li �e, virtually no B-3 struc ures would conform; thus, the easurement from the fr t door with no "back dooc" acc ss. The intent of thi requirement is to put traffic d trade on the com ercial front of the block. The 1 0' require- ment is con 'stent with the Zoning Code req 'rement for indoor c mmercial uses such as pool hall and video arcades. -10- � . . . �� - 9r 1 � As with all special condition use permit , the Planning Commi sion could modify if the applica t could prove that "st ict application of such special nditions would � �nreaso ably limit or prevent otherwise lawful use of a pie e of property or an existing str ture and would r sult in exceptional undue hardh Ip to the owner � of such roperty or structure, provided hat such mod- ificatio will not impair the intent and rpose of such sp cial condition and is consistent ith health, morals d general welfare of the com nity and � is consi tent with reasonable enjoyment f adjacent propert ". � Business s in existence at the date of a ption of these a endments which would be classi ied as non- conform ng would be entitled to all righ guaranteed � by that lassification. . VI. CONCL SIONS � A. Existing ning and licensing regulations not adequately � differenti e between adults-only and othe uses. B. Adults-onl uses are permitted in restricti le office and � oommerci 1 zones intended to serve neigh rhood populations and to pro ide buffers between residentia! nd more intensive u es. � C. Concentra ions of adult entertainment use 'change the perception of neighborhoods about themsel es. � D. Adult ente tainment uses may be regulated in such a way as to uarantee the rights of both the wners of these busin sses and the neighborhoods. � � � � � � ' -11- - '� � � � YII. PROPOSED AMENDMENTS � TO ZONIN CODE A. SECTIO 60.201 A - ADULT USES � NEW DEFI ITION Adult uses are those uses excludin bars which are n t o n to the ublic enera 1 but onl to one or more class s of the blic and exclu in an minor b reason of a e a minor � bein a erson unde the a e of ei hteen ears. Adu t uses include, but are not imited to adult bookstores ad t motion icture theatres and mini-theatres adult massa e t�lors � adult saunas adult r conversation parlors, adult h lth clubs and adult cab rets or similar adult uses. NEW DEFI ITION ADULT BOOKSTOR A sho for the barte rental or sale of rinted matt ictures . or motion icture fil if such sho is not open to th , ublic enerall but onl t one or more classes of the �ubl �c excludin any minor by reason of a e. • NEW DEFI TION ADULT MOTION PI TURE THEATRE An enclosed buildin with a ca acit of 50 or more rsons used for resentin aterial def�ned b Minnesota S tutes � 617.292 as sexuall rovocative and which as a re ailin ractice excludes minors b virtue of age• NEW DEFIN TION ADULT MINI-MOTI N PICTURE THEATRE An enclosed buildin with a ca acit for less than 50 , ersons used for resentin aterial defined b Mimesota St tutes 617.292 as "sexuall rovocative" and which as a re ailin ; ractice excludes mi rs b virtue of a e. � NEW DEFIN TION ADULT CABARET An establishment wh ch rovides o- o dancers exot c dancers, � stri ers or similar ntertainers and which excludes minors by virtue of age. � -;2- � � ' '• • , � NEW EFINITION MASSAGE PA LOR SAUNA HEALTH CLUB � An establish ent licensed b Cha ter 412 of he the Cit Ordinance and havin a fixed lace of business luvhere massa es are administer d for includin but not lim ed to massa e arlors health clubs sauna bat s and steam b ths. This � definition shall not be construed to include a s ital nursin home medical clinic or the �f : of a sici n sur eon chiro ractor o teo�athc Q sical t era ist 1 licensed b the State of M��`a nor barber sho s or aut salor�s � in which massa es a e administered onl to the scal the face the neck or the shoulder. This definition shall not � be construed t include a non- rofit or anizati n o ratin a communit c nter swimmin 1 tennis co or other educational cu tural recreational and athleti facilities and facilities f r the welfare of the residents o the area. � NEW EFINITION CONVERSATI N RAP PARLORS � An establishme t licensed b cha ter 413 of th � Cit Ordinance and advertisin offerin or sellin the service en a in in or listenin t conversation talk or discussio between an em lo ee of the establishment an a custom r re ardless � of whether oth r oods or services are also sim ltaneous advertised off red or sold and re ardless of w ther those other oods or ervices are also re uired to be 1 ' ensed. � The term "conv rsation rlor" shall not includ bona fide le al medical s chiatric s cholo ical or co nselin services � b a erson or f rm a ro riatel licensed• or a fide educational institutions or anels seminars or other simila services offered b such 'nstitutions• or churches or s n o ues. � � , � � � .. � -13- , y D r �� / s B. SEC ON 60.543 PRINCIPAL USE PERMITTED SUBJECT TO SP iCIAL CONDITIONS (IN THE B-3 ZO E) ' � , , : PROPOS D CHANGE (9) Adult uses su 'ect to the followin conditions a) the use , shal be at east 000 ra i eP' rom an ot er ult use measure from f ont door t� Q,nt door o t�e w din in whic the uses ar loca* a t e use s al be lo ate at � east 100 eet rom • nUal zone co rt easured ' from t e ront do � t e i in in w c t e a u t use is located to the osest residential ro rt line• c there shall be no acce to the alle or to ad acent resi ntia! ro rt . i C. SECT ON 60.5544 PRINCIPAL USE PERMITTED SUBJECT TO SP CIAL CONDITIONS < (IN THE B-4 ZON ) Q PROPOS D CHANGE (2) Adult uses ro idP� ��e shall be at least 3 i0 radial eet from any ot� ��lt use. . D. SECT ON 60.563 PRINCIPAL USE PERMITTED SUBJECT TO SP IAL CONDITIONS � (IN THE B-S ZON ) � PROPOS D CHANGE (2) Adult uses ro ided *'- ��shal! be at least 3 0 radial feet � from an other a u�� , P ; � , � � , � � } � z � � x -14- . �`' a . , - .... . � �. _.. ._ _: ,,..._ __...____�,____--�.—....._»— —__.._,....--- --._ .....�..- - -.,... . , . . _ . . ....._�