90-009 ORD
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ORDINANCE 90 - ~
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AN INTERIM ORDINANCE IMPOSING A MORATORIUM
ON ADULT ORIENTED LAND USES ON CERTAIN PROPERTY LOCATED
WITHIN THE CITY OF ELK RIVER
The City Council of the City of Elk River does ordain as
follows:
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Section 1. Purpose. The City of Elk River is presently
conducting a planning study, identified as: "A Study for the
Location of Adult Oriented Land Uses" (the Study), for the
purpose of considering adoption and/or amendment of official
controls, as defined in Minnesota Statutes, Section 462.352,
Subd. 15, including Chapters IX (the zoning Ordinance) and X
(Building and Land Development) of the Elk River City Code.
In recognition of the documented secondary impacts "Adult
Oriented Land Uses" pose to the property values, minors, and
nearby sensitive land uses the City Council of the City of Elk
River does determine that prior to the completion and
implementation of the Study, interim regulations are
necessary. The official controls and amendments will
consider, among other things, appropriate land use regulations
relating to "Adult Oriented Land Uses" as defined below. The
Study will consider regulations of zoning districts for the
property identified as "Zoning Districts A1, R1a, R1b, R1c,
R2, R3, R4, PUD, C1, C2, C3, 11 and 12" as shown on the City
of Elk River Zoning Map, attached as Exhibit A to this
Ordinance. Therefore, in order to protect the planning
process and the health, safety and welfare of the citizens of
the City of Elk River, it is necessary and desirable to impose
the following moratorium pursuant to the authority granted by
Minnesota Statutes Section 462.355, Subd. 4.
Section 2. Definitions.
a. Adult Book Store - Any building or structure which
contains or is used for the display or sale of books,
magazines, movie films, still pictures and any and all other
written materials, photographic material, novelties, devices
and related sundry items, which are distinguished or
characterized by their emphasis on matters depicting,
describing or relating to "Specified Sexual Activities" or
"Specified Anatomical Areas", or an establishment with a
segment or section devoted to the sale or display of such
material.
b. Specified Sexual Activities - Specified Sexual
Activities shall mean:
(i)
Acts of human masturbation, sexual intercourse or
sodomy or any acts of bestiality.
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l. i J "" ..
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(ii) Fondling or other erotic touching of human
genitals, pubic region, buttock or breast of either
male or female.
(iii) Human genitals in a state of sexual stimulation or
arousal.
c. Specified Anatomical Areas - Specified Anatomical
Areas shall mean:
(i) Less than completely and opaquely covered: (a)
human genitals, pubic region, (b) buttock, and (c)
female breast below a point immediately above the
top of the areola; and
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(ii) Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
d. Adult Entertainment Establishment - Any building or
structure which contains, or is used for commercial
entertainment where the patron directly or indirectly is
charged a fee to engage in personal contact with or to allow a
personal contact by, employees, devices or equipment or by
personnel provided by the establishment or views a series of
dance routines, strip performances or other gyrational
choreography provided by the establishment which appeals to
the prurient interest of the patron, to include, but not to be
limited to bath houses, massage parlors, and related or
similar activities.
e. Adult Theater - Any building or structure which is
used for the viewing of performances or activities by others,
whether such performances or activities are by others, whether
such performances are in the form of live shows, motion
pictures, slide shows or other forms of photographic or visual
display, which are distinguished or characterized by their
emphasis on matters depicting, describing or relating to
"Specified Sexual Activities" or "Specified Anatomical Areas",
as heretofore defined, or an establishment with a segment or
section devoted to the sale or display of such material.
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Section 3. Moratorium. From the effective date of this
ordinance to and including October 1, 1990, unless earlier
terminated by resolution of the Elk River City Council, the
City Council, Planning Commission, and the City of Elk River
staff shall not accept any applications for, or continue to
process or act on, any applications or requests for building
permits, rezonings, conditional use permits, variances, plats,
administrative subdivisions or other land use approvals for
land uses described in Section 2 above within the area
identified in Section 1 above, except that land uses described
in Section 2 may be considered upon application of a
conditional use permit in the 12 in accordance with the
standards and procedures set forth in Section 900.42 of the
City Code.
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Section 4. Effective Date. This ordinance shall be in
full force and effect upon its passage and publication.
Adopted by the City Council of the City of Elk River on
this 30th day of April
, 1990.
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"cd~~ 11 C~
James Tralle, Mayor
ATTEST:
~~ )j1~
Patrick D. Klaers, City Administrator
3. of 3
TJK:DX2s
Mfidavit of Publication
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Clft OF JW( RIVB.ft ,.'
ORDINANCE..... .
The following is a ~Ot ordi-
nance 9()..9 ~liich Wllll adopted'hy the
Elk River City Council: ". '. .
An interim ordinance imIlasUuir a
mo~~.o~adoltorien.tedlaa__
~~;j~ocated~ the
This .ordiDance shall be in tall tGrce
and efI'eet upon its passage 8.DItpuWica-
tion. .
. AdoptedbytheElkRiverCi~Council
.on the 30th day .of ApriI,l.
A copy of the ordinance, in itseD.-
tirety, is ~vaiW>le. at City Hall. .
<My 23)
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STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
~(Jy\~. .
being duI;' sworn. on oath ssys at he/she is ihe publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended. .
(B) The printed o/'\.~~ 010-9
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for ~. .s~-
cessive weeks; it was fIrst published on Wednesday, the ;{3 L
dayof ~ ,19CJO ,andwasthereafter
printed and publis ed on every Wednesday to and including'
Wednesday, the_ day of ,19--,-;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a be de fghijkl mnop qrstu vwxyz
BY: ~,-.,/~)
TITLE: ' .'V
Subscribed and sworn to before me on this ;<,-~'+€~L day of
yv~ ,19 ~'O . .
a ~~ () A.' /7 -
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Notary Public ....
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;' ...1,1. NOTAFI~' ,CHIMINSKI f
PLJDLle . MINIIIESor.\ ~;
.~". .' ANOKA COUNTY j
..).... My Commission E"plres June 10. 1990 :
RATE INFO
(1) Lowest classified rate paid b
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
13.50
$-9.'31
$ q. ?,/
$