90-021 ORD
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NOTICE OF PUBLICATION
CITY COUNCIL OF THE CITY OF ELK RIVER
ORDINANCE NO. 90 - 21
AN ORDINANCE AMENDING THE CITY OF ELK RIVER CODE OF
ORDINANCES RELATING TO THE REGULATION OF ADULT USES
The City Council of the City of Elk River hereby amends its
City Code of Ordinances and Aoes ordain as follows:
The Code of Ordinances is amended to adopt a temporary
moratorium on the issuance of all permits for adult
oriented uses for a period of six months to allow the City
to undertake planning studies considering the impacts of
adult uses on land uses and to consider amendments to its
land use regulations accordingly.
The above description of the Ordinance is a summary. A
complete copy of the Ordinance revisions are available for
review at the office of the City Clerk at the Elk River City
Hall and at the Elk River Library.
Passed and adopted this 23rdday of
July
, 1990.
Effective upon publication.
~/ ;z;;;J27
Mayor James Tralle
ATTEST:
TJK:EN9s
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ORDINANCE 90-21
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:
The City Council of the City of Elk River does ordain as
follows:
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 Al, Rla, Rlb, Rlc, R2, R3, R4, PUD, Cl, 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:
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( i )
Acts of human masturbation, sexual intercourse or
sodomy or any acts of bestiality.
(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,
(ii) Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
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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.
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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.
Section 3. Moratorium. From the effective date of this
ordinance to an 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 in
Section 2 may be considered upon application of a conditional
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use permit in the 12 zone in accordance with the standards and
procedures set forth in Section 900.42 of the City Code.
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
23rd day of July, 1990. J . ~. /l ,,/).
'- ~~ It k~
this
James A. Tralle, Mayor
rk
Mfidavit of Publication
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STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
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NOTICE OF PlJBUCATION
CITY COUNCIL OF THE crrr 'OF
ELK RIVER ..
'ORJ>lNANCE NO. 90-21
ANOR.Dl:NANCE ~G
THE CITY 'OF ELK ltJ.\fJ$ CODE
'OF 'OlIDINANCES.RELA.TlNCl TO
THE REGtlLA.TIQNOF ADULT
,lJS~' . . · .'. ...
The City dQuncil of the City of Elk.
River herebY.aItlends its City Code of
Ordinances"lmd does ordain 8$tDllows:
The code of ordiriances is'amen4ed to
adopt a temporary D1Oratoriufn on the
issuance .of all permits .foraa14tori-
ented uses for a perlodofsijc.' ~~ths to
allow the City to llndertakeplanJUni
studies cOnsideringthe~.sofl1dult
usesonlanduses andtO !;OnlIider amend-
ments to its land llse ~gulations ac-
cordingly. ..' .. .......
The above description ,of theOrdi-
tlance is a sumiXlary. A coJnpletecopy of
the Ordinance revisions ~ available
for review at the office of the City Clerk
at the Elk River Pity Halland at the
Elk. River Librm:y.
Pass~ flDd adopted this 23'rd day of
July, 1990. Effectiyeupop: publication.
. . Mayor J llDles Tralle
ATTEST: ..
Sandra Thack.ersy, City Clerk.
(Ag 22)
[)cm -Nu~) ,
being duly sworn, on oath says &at helshe is the publisher Of
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 331A02, 331A07, and other applicaLle
la;;;;'ea;::~~d. ~ Ord qO~1
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for t s~
cessive weeks; it was fIrst published on Wednesday, the 02~-
day of Q..u. ~' ,19.5Q..., and was thereafter
printed and pu lished 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 oftype used in the composition and publication oflhe
notice.
a b cd e fg h ij k 1 m n 0 p q r s t 11 V W X Y z
:rn~.(~
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Subscribed and sworn to before me on this .;;;;;;;.--
au...p~ ,19 CJO , ,
~~4 'yV), JCAA/y)U-r~~}
Notary Pu~ ~*'VtNlV4.......uu
.I"'~'\ CINDY M. SCHuiNSKI
. ~ , ".......f;SOTA
I - I~"""I ANOKA COUNTY
"yCommission E.plt.. Jun. 10. 1993 ;
day of
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RATE INFO
L I ifi d d b ~\"".:'lo"'w
owest c ass' Ie rate pai y
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ 3-; ;1 ~
$ Iq,~5
$ Iq.Q'5
(1)