2003-09-15BAGENDA
MOUND' CITY cOuNCIL
WITH PLANNING COMMISSION
WORKSHOp
MONDAY, SEPT 15, 2003 ~'~
7:30 PM
CONFERENCE ROOM
MOUND CITY HALL
5341 MAYWOOD ROAD
1. Open meeting
2. Adult Use Ordinance
CHARTERED
470 Pillsbury Center
200 South Sixth Street
Minnealx)lis MN 55402
(612) >.,7- 9300 telephone
(612) 337-931 ' thx
http://wx~qv ke ~ ~edy-grave ~ corn
MEMORANDUM
TO:
Mound City Council
Mound Planning Commission
Sarah Smith, Community Development Director
FROM: Mary D. Tietjen
Attorney
DATE:
RE:
September 12, 2003
Adult Use Ordinance
Introduction
In December 2002, the Mound City Council adopted an interim ordinance placing temporary
location requirements on adult uses in the City and directing that a study be conducted. That
Ordinance will expire on December 8, 2003. Staff has further studied the issue of adult uses and is
ready to provide information to the Council and Planning Commission in preparation for adoption
of a permanent ordinance
With certain limitations, cities may lawfully regulate adult businesses with zoning and licensing
requirements. This memorandum will briefly outline the legal standard that the City must follow in
adopting an Ordinance, and evaluate which of the City's options provide the basis for a defensible
Ordinance.
I. Legal Standard
In City ofRenton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S. Ct. 925 (1986), the United States
Supreme Court set forth the legal standm'd that cities must follow when adopting adult use
regulations. The Court adopted a three-part test that an Ordinance must meet in order to be
constitutional. The ordinance must: 1) be content-neutral; 2) serve a substantial governmental
interest; and 3) allow a "reasonable opportunity" in the city for an adult business to locate.
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A. Zoning.
1. Content-Neutral and Substantial Government Interest. In order to meet
the first part of the Renton standard, the City's adult use Ordinance must not regulate the "content"
of adult businesses. The City may, however, regulate adult establishments through zoning or
licensing laws based on the negative secondary effects that such businesses have on the'community.
In other words, the City can regulate the "where" but not the "what." A municipality is not required
to conduct its own study to determine whether adult establishments cause adverse secondary effects.
Rather, a city can rely on studies performed by other cities, provided that the studies are reasonably
related to the problem that the city is trying to address.
Prior to adoption of an Ordinance, the City should review relevant studies by otlner cities that
discuss the adverse secondary effects of adult establishments. I have provided copies of studies for
your review relevant to the City of Mound. An Ordinance should set forth detailed Findings of the
adverse secondary effects of adult establishments and provide that the Council is making these
Findings after studying the experience of other cities where adult establishments have located.
With respect to the second part of the Renton test, courts have repeatedly held that cities have a
substantial governmental interest in regulating the location of' adult businesses to minimize negative
secondary effects. Iftlne City follows tlnese requirements, the Ordinance will meet the first two parts
Renton test.
2. Reasonable Opportunity Area. The third factor in the Renton test - whetlner an
Ordinance provides a ~'reasonable opportunity" fbr adult businesses to locate - is somewhat more
difficult to analyze because tine courts have not provided a bright-line test tbr what amount of land
constitutes a "reasonable opportunity."
In the Renton case, the city's ordinance left approximately 520 acres, which constituted
approximately five percent of the entire land area in the city, open for adult establishments. Tine
property owner argued tlnat even tlnougln there were 520 acres left open by the ordinance, practically
none of the undeveloped land was currently for sale or lease and that tlnere were no "commercially
viable" adult theater sites within the 520 acres. Tlne court rejected that argument, stating that
property owners "must fend for themselves in tine real estate market on an equal footin~ with other
prospective purchasers and lessees." The Court emphasized that the inquiry for First Amendment
purposes is not concerned with economic impact.
"Reasonableness" will be considered in the context of the characteristics of the city that adopted the
ordinance and does not necessarily need to be analyzed in terms of the percentage of total land area.
Since the Renton case, several courts have addressed the "reasonable opportunity" issue and have
analyzed ordinances using a variety of factors including: percentage of total land available,
potential number of sites, and percentage of commercial land available for adult businesses
compared to the total amount of commercial land area in the city.
For example, the U.S. Eighth Circuit Court (which includes Minnesota) has upheld ordinances in
several cases in which it analyzed the "opportunity area" in terms of the available commercial land.
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The percentage of commercial land available for adult uses in those cases ranged fi'om 6.6% to 35%
of the total commercial area. In one Minnesota case, the city's ordinance left only .9 percent of the
land in the city available for adult uses. In that case, only approximately 6% of the city was zoned
for commercial or industrial and, of that amount, 15% (approximately 34 acres) was available for
adult businesses to locate. The court concluded that because of the city's overwhelmingly
residential character, the amount of land that had been set aside for adult businesses to locate was
reasonable.
Other courts have concluded that land will not be considered "available" if: 1) it has physical
characteristics which render it unavailable for any kind of development; or 2) the city owns the
property within the opportunity area. However, the fact that some development is required before a
site can accommodate an adult business does not mean that the land is, per se, unavailable for First
Amendment purposes. Also, the fact that subdivision of vacant land might be necessary will not
automatically make the land "unavailable" for adult uses.
The City of Mound consists of approximately 1,562 acres of total land area (excluding water).
Approximately 73% of the City is zoned residential~ and 5% of the City is zoned commercial and
industrial.2 City staff has been studying the issue of creating a "reasonable opportunity" area in the
City for adult businesses. This has been done by applying various distance requirements that adult
uses must maintain fi'om certain "protected" land uses, such as residential property, schools, and
churches. City Planner Loren Gordon reached the following conclusions by applying both a 500-
foot and a 300-fbot "buffer" to the City's land area:
Option 1.
Applying a 500-tbot buffer, only .61 acres of land is available to adult uses.
This constitutes one remnant parcel, 1% of the total commercial land and
.04% of the total land area in the City.
Option 2.
Applying a 300-foot buffer, 14.35 acres of land is available to adult uses.
This constitutes 27 parcels (2 full parcels and 25 remnant parcels), 17% of
the total commercial and industrial land in the City and .8% of the total land
area in the City.
Based on the above information, the fbllowing are our recommendations. The City should amend
its Zoning Ordinance to allow an adult use as a "permitted use" in the B-l, B-2, and I-1 Zoning
Districts. The City should adopt Option 2, rather than Option 1, because it provides a reasonable
amount of land in the City fbr an adult business to locate. Even though the percentage of the total
land area available to adult uses is very small, courts have upheld ordinances that allowed similar
opportunities in commercial areas.
~ This includes the following Zoning Districts: R-1 Planned Development Area; R-I $ingl.e Family Residential: R-IA
Single Family Residential: R-2 Two Family Residenlial: R-3 Mulliple Family Residemial: and R-3 Planned
Development Area.
2 This includes the following Districts: B-1 Cenmfl Busincss: B-2 General Busincss: B-3 Neighborhood Business:
Destination - Planned Unit Dcvelopmcnl: and 1-1 Planned Industrial Area.
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Some of the land in the "opportunity area" includes "remnant" parcels. This could be a basis for an
adult business owner challenging the City's Ordinance to argue that this land is not truly
"available." 'However, most of the "remnant" parcels in Option 2 meet the minimtam t0t size
requirements and could accommodate a business. The fact that an owner may have to subdivide
land, consolidate parcels or make.-some financial investment before the site could accoinmodate an
adult business does not mean that the land is, per se, "unavailable" for First Amendment purposes.
There are also a couple of"problem parcels" in the "opportunity area,' where access may be an issue
or where the land may not currently be devel'opable due to its proximity to the lake. Staff will
discuss these concerns in more detail at the meeting, however, we've determined that even
completely excluding these "problem parcels," Option 2 PrOvides a sufficient amount of area for
adult uses to locate that would meet legal requirements.
Keep in mind that in reviewing what is "reasonable," a court would consider the fact that the City of
Mound is primarily residential in nature and has very little commercial area. In other words, what is
reasonable for Mound may not be reasonable for another city with a larger c. ornmercial area.
B. Licensing
In addition to zoning requirements, cities may also regulate adult businesses with licensing
· regulations. The United States Supreme Court has held that licensing is a permissible way to
regulate adult businesses, as long as certain criteria are met: 1) the licensing regulation cannot place
"unbridled discretion" in the hands of the city; 2) the licensor must decide within a specified and
reasonable time whether to issue the license; and 3) there must be the possibility of prompt judicial
review in the event the license is denied. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990).
The Ordinance needs to set a time fi'ame for acceptance or denial of a license application, provide
for an appeal process to tile Council and allow an applicant to challenge the determination in court.
In order to fully meet the "prompt judicial review" requirement, tile Ordinance Should include: 1) a
specific time frame in which the City Council must act on an appeal; 2) a specific time frame in
which an applicant may go to Court after the City Council acts on an appeal; 3) a provision
allowing an adult business to continue operating during the appeal process; and 4) language that
provides that an application will be "deemed approved" if the City fails t.o act on an application or
an appeal within the designated time period.
In setting a license fee, the City should assess tile costs associated with'processing an adult use
application and conducting background investigations. The fee should be reasonable based on the
City's incurred costs.
We can assist you with dratSing an Ordinance that meets all of these legal requirements.
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CITY OF MOUND
ORDINANCE NO. 17-2002
AN INTERIM ORDINANCE PLACING TEMPORARY LOCATION REQUIREMENTS
ON ADULT USES IN THE CITY OF MOUND AND DIRECTING A STUDY TO BE
CONDUCTED
The City of Mound Does Ordain:
Section 1. Purpose.
1.1. The purpose of this interim Ordinance is to protect the planning process and
the health, safety and welfare of the citizens of the City by placing temporary location
requirements on adult uses within the City of Mound. The Ordinance will allow adult uses
as defined in this Ordinance, but subject to certain location requirements until the City can
complete a comprehensive study and enact permanent zoning regulations relating to adult
uses. This Ordinance does not have the effect of imposing a limitation or restriction on the
content of any communicative materials, including adult-oriented materials protected by
the First Amendment.
Section 2. Findings.
2.1. A number of studies have been conducted in the State of Minnesota
including a report entitled "Report of the Attorney General's Working Group on Regulation
of Sexually Oriented Businesses dated June 6, 1989, prepared by Hubert H. Humphrey III,
Attorney General of the State of Minnesota; an Olmstead County Planning Department
"Adult Entertainment Report" dated March 2, 1988, and "A 40-Acre Study" prepared by the
St. Paul Division of Planning in 1967, all of which reports are hereafter collectively referred
to as "Reports". The Reports considered evidence from studies conducted in Minneapolis
and St. Paul and in other cities throughout the country relating to sexually oriented
businesses.
2.2. The Attorney General's Report, based upon the above-referenced studies
and the testimony presented to it has concluded that "sexually oriented businesses are
associated with high crime rates and depression of property values." In addition, the
Attorney General's Working Group ". .heard testimony that the character of a
neighborhood can dramatically change when there is a concentration of sexually oriented
businesses adjacent to residential property." The Reports conclude that:
a) adult uses have an impact on the neighborhoods surrounding them, which is
distinct from the impact caused by other commercial uses;
b) residential neighborhoods located within close proximity to adult theaters,
bookstores and other adult uses experience increased crime rates (sex-related crimes in
particular), lower property values, increased transiency and decreased stability of
ownership;
c) the adverse impacts which adult uses have on surrounding areas diminish
as the distance from the adult uses increases;
d) studies of other cities have shown that among the crimes which tend to
increase either within or in the near vicinity of adult uses are rapes, prostitution, child
molestation, indecent exposure and other lewd and lascivious behavior;
e) many members of the public perceive areas within which adult uses are
located as less safe than other areas which do not have such uses; and
f) studies of other cities have shown that the values of both commercial and
residential properties either are diminished or fail to appreciate at the rate of other
comparable properties when located in proximity to adult uses.
2.3 The City Council of the City of Mound finds that adult uses will have
secondary effects upon certain pre-existing land uses within the City.
2.4 The City's zoning ordinance does not address such adult uses which have
been found by other municipalities to cause similar adverse secondary effects.
2.5 The City Council is concerned that the City's Zoning Code may be
inadequate in its scope and in its restrictions to accomplish the purpose for which it was
intended.
2.6 In addition to the proper zoning classification of such uses there are a
number of significant planning and land use issues pertaining to the regulation of such
uses, including the following:
a)
uses.
The particular districts in which such uses shall be allowed as permitted
b) The concentration and density of such uses in the City and its
neighborhoods.
c) The effect of such uses on other uses in the surrounding area.
2.6. There is a need for a study to be conducted so that the City, as part of its
planning process, can adopt a comprehensive plan and land use zoning regulations
pertaining to adult establishment uses. Such a study will address the land use and zoning
issues, including those referenced above.
2.7. Minnesota Statutes, Section 462.355, Sub. 4 permits the adoption of interim
zoning ordinances during the planning process.
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Section 3. Definitions.
3.1. Adult Establishments.
a) any business that devotes a substantial or significant portion of its inventory,
stock in trade, or publicly displayed merchandise, or devotes a substantial or significant
portion of its floor area (not including storerooms, stock areas, bathrooms, basements, or
any portion of the business not open to the public) to, or derives a substantial or significant
portion of its gross revenues from, items, merchandise, devices or other materials
distinguished or characterized by an emphasis on material depicting, exposing, simulating,
describing, or relating to Specified Sexual Activities or Specified Anatomical Areas; or
b) any business that engages in any Adult Use as defined in Section 3.2 of this
Ordinance.
3,2,
below:
Adult Use. An adult use is any of the activities and businesses described
a) Adult Uses. Adult uses include adult bookstores, adult motion picture
theaters, adult mini-motion picture theaters, adult massage parlors, adult steam
room/bathhouse/sauna facilities, adult companionship establishments, adult
rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses,
adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body
painting studios, and other premises, enterprises, establishments, businesses or places
open to some or all members of the public, at or in which there is an emphasis on the
presentation, display, depiction or description of "specified sexual activities" or "specified
anatomical areas" which are capable of being seen by members of the public. Activities
classified as obscene as defined by Minnesota Statutes 617.241 are not included.
b) Adult Use- Body Painting Studio: An establishment or business which
provides t he service o f applying paint or other substance, whether transparent or non-
transparent, to the body of a patron when such body is wholly or partially nude in terms of
"specified anatomical areas."
c) Adult Use- Bookstore: A building or portion of a building used for the barter,
rental or sale of items consisting of printed matter, pictures, slides, records, audio tape,
videotape or motion picture film if such building or portion of a building is not open to the
public generally but only to one or more classes of public, excluding any minor by reason
of age, and if a substantial or significant portion of such items are distinguished and
characterized by an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas."
d) Adult Use- Cabaret. A building or portion of a building for providing dancing
or other live entertainment, if such building or portion of a building excludes minors by
virtue of age and if such dancing or other live entertainment is distinguished or
characterized by an emphasis on the presentation, display, depiction or description of
"specified sexual activities" or "specified anatomical areas."
e) Adult Use- Companionship Establishment: A companionship establishment
which excludes minors by reason of age, and which provides the service of engaging in or
listening to conversation, talk or discussion between an employee of the establishment
and a customer, if such service i s distinguished and characterized by a n emphasis o n
"specified sexual activities" or "specified anatomical areas."
f) Adult Use- Conversation/Rap Parlor: A conversation/rap parlor which
excludes minors by reason of age, and' which provides the services of engaging in or
listening to conversation, talk or discussion, if such service is distinguished and
characterized by an emphasis on "specified sexual activities" or "specified anatomical
areas."
g) Adult Use- Health/Sport Club: A health/sport club which excludes minors by
reason of age, if such club is distinguished and characterized by an emphasis on
"specified sexual activities' or "specified anatomical areas."
h) Adult Use- Hotel or Motel: Adult hotel or motel means a hotel or motel from
which minors are specifically excluded from patronage and where material is presented
which is distinguished and characterized by an emphasis on matter depicting, describing
or relating to "specified sexual activities" or "specified anatomical areas."
i) Adult Use- Massage Parlor, Health Club: A massage parlor or health club
which restricts minors by reason of age, and which provides the services of massage, if
such service is distinguished and characterized by an emphasis on "specific sexual
activities" or "specified anatomical areas."
j) Adult Use- Mini-Motion Picture Theatre: A building or portion of a building
with a capacity for less than 50 persons used for presenting material if such material is
distinguished and characterized by an emphasis on matter depicting, describing or relating
to a "specified sexual activities" or "specified anatomical areas."
k) Adult Use- Modeling Studio: An establishment whose major business is the
provision, to customers, of figure models who are so provided with the intent of providing
sexual stimulation or sexual gratification to such customers and who engaged in "specified
sexual activities" or display "specified anatomical areas" while being observed, painted,
painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such
customers.
I) Adult Use- Motion Picture Arcade: Any place to which the public is permitted
or invited wherein coin or slug-operated or electronically, electrically or mechanically
controlled or operated still or motion picture machines, projectors or other image producing
devices are maintained to show images to five or fewer persons per machine at any one
time, and where the images so displayed are distinguished and characterized by an
emphasis on depicting or describing "specified sexual activities" or "specified anatomical
areas."
m) Adult Use- Motion Picture Theatre: A building or portion of a building with a
capacity of 50 or more persons used for presenting material if such business or portion of
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a building as a prevailing practice excludes minors by reason of age or if such material is
distinguished or characterized by a emphasis on "specified sexual activities" or "specified
anatomical areas" for observation by patrons therein.
n) Adult Use- Novelty Business: A business which has as a principal activity
the sale of devices which stimulate human genitals or devices which are designed for
sexual stimulation.
o) Adult Use- Sauna: A sauna which excludes minors by reason of age, and
which provides a steam bath or heat bathing room used for the purpose of bathing,
relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent,
if the service provided by the sauna is distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas."
p) Adult Use- Steam Room/Bathhouse Facility: A building or portion of a
building used for providing a steam bath or heat bathing room used for the purpose of
pleasure, bathing relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or
reducing agent if such building or portion of a building restricts minors by reason of age
and if the service provided by the steam room/bathhouse facility is distinguished and
characterized by an emphasis on "specified sexual activities" or "specified anatomical
areas."
3.3. Specified Sexual Activities:
a) Actual or simulated sexual intercourse, oral copulation, anal intercourse,
oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation
or torture in the context of a sexual relationship, or the use of excretory functions in the
context of a sexual relationship, and any of the following sexually-oriented acts or conduct:
anilingus, buggery, coprophagy, coprophilia, cunnillingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sophism, zooerastia; or
b) Clearly depicted human genitals in the state of sexual stimulation, arousal or
tumescence; or
c) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation; or
d) Fondling or touching of nude human genitals, pubic region, buttocks or
female breast(s); or
e) Situations involving a person or persons, any of who are nude, clad in
undergarments or in sexually revealing costumes, and who are engaged in activities
involving the flagellation, torture, fettering, binding or other physical restraint of such
persons; or
f) Erotic or lewd touching, fondling or other sexually oriented contact with an
animal by a human being; or
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g) Human excretion, urination, menstruation, vaginal or anal irrigation.
3.4. Specified Anatomical Areas:
a) Less than completely and opaquely covered human genitals, pubic regions,
buttocks, anuses, or female breasts below a point immediately above the top of the areola;
and
b) Human male genitals in a discerniblyturgid state, even ifcompletelyand
opaquely covered.
3.5. "Substantial or significant portion" means: 25% or more.
Section 4. Planning and Zoning Study; Moratorium.
4.1. A study is authorized to be conducted by City staff to determine how adult
uses should be regulated within the City. The scope of the study should include, but is not
limited to, the following:
a) The particular zoning districts in which adult establishments should be
allowed as permitted uses;
The density and concentration of such uses;
c) The effect of such uses on other uses in the surrounding area.
4.2. Upon completion of the study, the matter is to be considered by the Planning
Commission for its review and recommendation to the City Council.
4.3. Temporary Location Requirements. Pursuant to Minn. Stat § 462.355, subd.
4, the following temporary location requirements are imposed on adult uses within the City
of Mound:
a) Adult uses are permitted uses in the B-1 Central Business District, the B-2
General Business District, and the I-1 Light Industrial District.
b) Adult uses must be located at least five hundred (500) radial feet, as
measured in a straight line from the closest point of the property line of the property upon
which the adult use is located to the property line of:
1 ) Residential property;
2) Schools;
3) Churches or places of worship;
4) Any city-owned facilities;
5) Any park and recreational property;
6) Any daycare facility.
4,4,
date.
This Ordinance will be effective for a period of 12 months after its effective
Section 5. Enforcement.
5.1. Violation of any portion of this ordinance shall be a misdemeanor punishable
by imprisonment for up to 90 days and a fine of $1000 or both, plus the costs of
prosecution. Each day that a violation occurs shall be considered a separate offense.
5.2. The City may enforce any provision of this ordinance by mandamus,
injunction or any other appropriate civil remedy in any court of competent jurisdiction.
Section 6. Separability.
6.1 Every section, provision or part of this ordinance is declared separable from
every section, provision or part of this ordinance. If any section, provision, or part of this
ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment
shall not invalidate any other section, provision, or part of this ordinance.
Section 7. Effective Date.
7.1 This ordinance Shall take effect the day after the date of its publication.
Passed and adopted by the City Council of the City of Mound, Minnesota this 26th day of
November, 2002.
Published in The Laker the 7th day of December, 2002.
Mayor Pat Meisel
Attest: Bonnie Ritter, City Clerk
CITY OF MOUND
NOTICE OF JOINT PLANNING COMMISSION AND
CITY COUNCIL WORKSHOP
Adult Use Ordinance Discussion
NOTICE IS HEREBY GIVEN that members of the Planning
Commission and City Council of the City of Mound, Minnesota
will hold a joint workshop on Monday, September 15, 2003 at
7:00 PM for the purpose of discussing proposed amendments to
the City Code to regulate adult use activities in the City of
Mound.
All interested persons are welcOme to attend.
Jill Norlander
Planning and Inspections Secretary
Posted: August 29, 2003
ck~thing and lingerie as well as adult magazines and sex
toys.
The brouhaha around the Flynt's proposed store
has brought several outside players into the fray.
Citizens for Community Values, an anti-pornography
group with ties to the Moral Majority has paid the
initial fees of an Arizona-based law fa-m, Community
Defense Counsel (CDC), which specializes exclusively
in the area of adult business regulations. However,
unless the city council follows CDC's recommenda-
tions verbatim, CCV won't pay any court costs should
there be legal challenges. Mayor Tannreuther doesn't
want Monroe to be a battleground between the two
sides; instead, the council plans to see how well
CDC's proposed changes match their community
standards. Rather than expecting to stop Flynt's
operation and similar ones in the future, the mayor said
Monroe hopes to control adult businesses in the city
while managing the incredibly fast growth in the area.
ontrolling adult business
The f'mxa Monroe has hired to help them is a
10-year-old nonprofit organization that has helped
over a 1,000 communities.
"Our help has ranged from just providing them a
copy of our sample ordinance to telephone confer-
ences to see if we think we can help them, to writing
new laws," explains Rick Culp, CDC senior litigation
counsel. "So many smaller communities don't think it
will ever happen to them but sometimes there will be a
geographic or demographic feature that causes a
community to be a desirable location." Monroe, for
instance, is near a busy interstate corridor where a
megamall is planned.
The fn'st line of defense that some communities
will try when confronted with an adult business is to
craft zoning language that, when applied, essentially
prevents them from locating there. In every case, Culp
says, the courts have struck down those laws because,
while these businesses may be morally reprehensible,
they are protected by free speech laws. Nevertheless,
there are certain steps cities can take to protect
themselves from the harmful secondary effects of these
businesses such as blight, a decrease in property
values, or an increase in crime or sexually transmitted
diseases. And the courts have ruled that communities
don't have to wait to experience the harmful effects;
they can use previous studies.
Once a community has determined that it wants
to regulate these types of businesses, there are three
avenues of regulation:
· Place. Zoning laws can be written to address
exactly where such businesses can locate; eg, a certain
distance from other sensitive uses such as churches,
schools, homes or each other. Culp notes that while
some communities want them in a red light district, the
prevailing wisdom is to separate them.
· Time. Licensing regulations can establish
hours of operation.
· Manner. Licensing can also regulate the
distance that dancers must be fi'om customers or that
touching is not allowed. In the case of aduk video
stores, doors can be prohibited in viewing rooms and
only one person at a time allowed in a room.
In the case of Monroe, Culp says CDC "drafted
some definitions, did some housecleaning with their
zoning provisions, and suggested some licensing
provisions." For instance, CDC recommended that
regulation of these businesses be removed from the
city's conditional use'category, which historically gives
the zoning body some measure of discretion in terms of
standards, esthetics, and values related to unusual
businesses. However, in the case of adult businesses,
the courts have ruled that "protected speech busi-
nesses'' shouldn't be regulated in a category that allows
the zoning body too much discretion. Instead, CDC
recommended Monroe a/low them as permitted
businesses with exacting standards. In addition, several
definitions were changed since the courts scrutinize
these for vagueness.
While CDC has a sample ordinance at its web
site, the organization doesn' t recommend communities
adopt it wholesale. Culp notes that "while there are
overriding constitutional issues cities have to follow, the
different federal circuits and state courts can interpret
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MAR / APR 2000 Small Cities 9
the same language differently." For instance, a Califor-
nia judge might slrike down a particular definition of
"cabaret" that a Georgia judge would uphold. In
addition, enabling legislation varies from state to state
and city charters also may vary in their authorization.
"Attorneys for these businesses will leave no
stone unturned," notes Culp. "They always try to
redefine themselves so they don't fit your
regulations." ·
Resources:
Community Defense Counsel can provide .ordi-
nance development, litigation services, training for
local attorneys, and resources. Municipal leaders
can access more than 1,200 pages of land use
studies and police records, as well as the firm's
legal manual entitled Protecting Communities from
Sexually Oriented Businesses. Contact them at
www. comunitydefense.org; or 480-922-9731
Is there a historic road
in your city?
Inthe last five years, a new historic resource has
begun to capture the attention and study of preserva-
tion planners and highway engineers - the roads and
highways of America. The National Trust for Historic
Preservation (NTHP) held only its second national
conference in five years in early April on the topic of
~'Preserving the Historic Road in America." Over 20
wide-ranging sessions covered topics such as preserv-
ing historic pavements to reconciling safety and preser-
vation as well as spotlighting specific projects around
the cOUntry, some in big cities and some in small towns.
So why the sudden interest in roads? Dan
Marriott, director of rural heritage at NTHP in
Washington, D.C. attributes it to "the powerful influ-
ence of the automobile on204 century culture. More-
over, preservation becomes an issue as a resource
begins to be lost."
10 Small Cities MAR/APR 2000
"We found that many historic roads around the
country were being butchered by bad transportation
policies based solely on safety and moving vehicles
without any consideration for historic preservation,"
Marriott points out. "What's difficult about historic
roads is that they are resources we still use everyday.
It's very easy to take a 19th century house, put velvet
ropes around it and run tours through it every week-
end. But what do you do with a 1910 parkway like the
Bronx River Parkway that people still drive to work on
everyday?'
What's significant?
As with historic houSes, the first ones to be
valued and preserved are the grand homes; in time,
people come to appreciate the small bungalows or
shotgun houses. In the same way, the designed park-
ways like the Blue Ridge or the Lincoln Highway and
Route 66 garnered the most attention early in the
historic roads movement. Now, the less obvious
resources are being studied, whether it's a winding
rural road, a post-WWII toll road or a colonial road
turned turnpike mined state highway.
The National Trust has identified three types of
roads for the purposes of historic significance, includ-
· Esthetic. These are typified by parkways or
grand avenues and boulevards, or grid patterns. They
were designed for a specific pleasurable driving
experience. The designers wanted to engage the
drivers with the landscape. They were never intended
to get anyone anyplace quickly.
· Engineered. These roads were designed to
move people and commerce from one place to an-
other. Sensitivity to design was not based on esthetics
but on economics and ease of consU'uction. However,
because of the age of these roads, there is an esthetic
component but that wasn't the original goal of the
road.
· Cultural. These roads have evolved. In the
other two types, there was a decision made at a
specific time by specific people to build a road. Cul-
-16-
Slrip club in Hollywood Township unlikely
Page .1 of' 2,
Strip club in
Hollywood Township
unlikely
By Ryan G.ueningsman
Rumors are floating around Hollywood Township about the
possibility of someone opening a strip club m the area·
"It would be very difficult to find a site to build in Hollywood
Township," said Clerk Sherm Steffenson.
Cities and counties cannot prohibit such businesses, but caln make
zoning regulations extremely restrictive.
"Carver County is trying to get ahead of tine game in tin/s," he said.
If a spot was to be looked at in Carver County, according to a
temporary ordinance issued by the county board, it would have to
be in an rural service district.
"By limiting to the rm'al service districts, it is going to be nearly
impossible to have one," Steffenson said.
The interim ordinance tlnat is in effect is sclneduled to expire
February 2004 or wlnen an adult use ordinance is adopted,
wlfichever is sooner.
Options being considered fbr adult use regulations:
· require that it be located on a hard-surfaced road and meet all
setbacks and other requirements in tine rural areas of the county;
· restrict adult uses to the rural service districts and required to
meet all setbacks and other requirements.
· ' 9 '~' '
http://www.herald-]ournal.com/arch~vcs/~.OO.~/sto _' 1 7LF p.htn l 9/8/2003
Strip club in Hollywood Township unlikely Page 2 of 2
Examples of rural service districts are Assumption, Bongards,
East Un/on, Gotha, Hollywood, Hollywood Station, and Maple.
The only two rural service districts in Hollywood Township are
where the Hollywood Sports Complex and Hollywood Ranch
House are located.
Currently, the county board is looking at tile second option as
being most favorable. There will be a county board hearing at
some point in October, said planning and zoning staff member
Steve Just.
Steffenson also questioned tile viability of opening such a club in
Carver County.
"All you would get would be bn'iet;" he said. "There has to be
some rationale to open and to make money."
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-18-
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