1993-16ORDINANCE NO. 1993-16
TRANSITORY ORDINANCE NO. 17.53
INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS;
AND REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT USES, AND
SIMILAR USES WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS:
Section 1. Background.
1.01. The City's zoning ordinance does not contemplate or
adequately address the classification of adult uses and
other similar uses.
1.02. The City's zoning ordinance is unclear as to whether such
uses and other similar uses should be classified as
"retail stores", which are permitted uses in a C-2 general
commercial zoning district, or whether a new
classification should be adopted for those uses.
1.03. 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:
1. The particular zoning districts in which such uses should
be allowed as either permitted or conditional uses.
2. The concentration and density of such uses in the City and
its neighborhoods.
3. The effect of such uses on other uses in the surrounding
area.
1.04. There is a need for a study to be conducted so that the
City can adopt a set of comprehensive plans and land use
zoning regulations pertaining to such uses. Such a study
will address the land use and zoning issues, including
those referenced above. The study will also address the
City's licensing regulations regarding such uses and the
extent to which the licensing regulations require
modifications in order to maintain harmony and consistency
between the zoning and licensing regulations.
1.05. There is a need for an interim ordinance to be adopted for
the purpose of protecting the planning process and the
health, safety, and welfare of the citizens of the City
and to ensure that the City and its citizens retain the
benefits of the City's comprehensive plan and zoning
ordinance until such a study has been completed. There is
a need to restrict such uses until such a study has been
completed and any modifications to the City's zoning and
land use regulations are accomplished.
1.06. The City Council has directed that such a study be
undertaken.
Bill No. 1993-16 Page 2
1.07. Minnesota Statutes, section 462.355, subd. 4 (Act) permits
the adoption of interim zoning ordinances during the
planning process.
1.08. The Report of the Attorney General dated June 6, 1989 and
studies conducted by the Cities of Minneapolis, St. Paul
and Rochester have concluded that adult uses can create
adverse impacts, such as increased crime rates, lower
property values, increased transiency, neighborhood blight
and decreased stability of ownership.
Section 2. Planning and Zoning Study; Moratorium.
2.01. A study is authorized to be conducted by City staff to
determine how such adult uses, and other similar 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 such uses should
be allowed as either permitted uses or conditional uses;
b. the density and concentration of such uses;
c. the effect of such uses on other uses in the surrounding
area;
d. the need, if any, for modifications to the licensing
regulations regarding adult uses and similar uses.
2.02. Upon completion of the study, the matter is to be
considered by the Planning Commission for its review and
recommendation to the City Council.
2.03. A moratorium on the development of adult uses and other
similar uses is adopted pending completion of the study
and the adoption of any amendments to the City's zoning
ordinance. No license or building permit may be issued
for such uses or for the expansion of any existing use
during the moratorium period nor may any rezonings,
plattings or replattings, or land divisions or
consolidations be granted by the City for such uses during
the moratorium period. The moratorium period shall expire
on September 27, 1994 or such earlier date as may be
further adopted by ordinance. The moratorium period may
be extended for a reasonable time by ordinance, as may be
necessary to complete the study and adopt any necessary
amendments to the City's zoning ordinance.
2.04. For the purpose of this ordinance, adult uses shall mean
all of the uses described in Section 605 of the Richfield
Ordinance Code as "Adult Oriented Services" together with
all other uses of .a similar nature that are characterized
by an emphasis on, or have a substantial or significant
portion of their stock and trade devoted to, the
presentation, display, depiction or description of
"specified sexual activities" or "specified anatomical
areas." Such uses include, without limitation, adult book
stores, adult novelty stores and adult movie theaters.
r
Bill No. 1993-16 Page 3
2.05. For purposes of this ordinance, "specified sexual
activities" means:
1. 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, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in the state of sexual
stimulation, arousal or tumescence; or
3. Use of human or animal ejaculation, sodomy, oral
copulation, coitus or masturbation; or
4. Fondling or touching of nude human genitals, pubic region,
buttocks or female breasts; or
5. Situations involving a person or persons, any of whom are
nude, clad in undergarments or in sexually revealing
costumes, and who are engaged in activities involving the
flagellation, torture, fettering, binding or other
physical restraint of any such person; or
6. Erotic or lewd touching, fondling or other sexually-
oriented contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal
irrigation.
2.06. For purposes of this ordinance, "specified anatomical
areas" means:
1. Less than completely and opaquely covered human genitals,
pubic region, buttock, anus or female breast(s) below a
point immediately about the top of the areola; and
2. Human male genitals in a discernible turgid state, even if
completely and opaquely covered.
Section 3. Effective Date.
This ordinance is effective in accordance with Section 3.09
of the Richfield City Charter.
Passed by, the City Council of the City of Richfield, Minnesota
this 25th day of October, 1993.
F
,, ;~ /
Martin J. ;~Cirrsch, Mayor
ATTEST: "
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/'~'l~'t'~'l2Ct~
Thomas P. Ferber, City Clerk
ST. OF MINNESOTA)
CO TY OF HENNEPIN)
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SUN
AFFIDAVIT OF PUBLICATION
SS.
L.J. Canning
being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Richfield Sun-Current
stated below.
and has full knowledge of the facts which are
(A) The newspaper has complied with all of the requirements constituting qualification as a qualfied newspaper,
as provided by Minnesota Statute 331A.02, 331A.W, and other applicable laws, as amended.
(B)Theprinted Ordinance No. 1993-16
which is attached was cut from the columns of said newspaper, and was printed and published once each week,
for o n a successive weeks; it was first published on Wednesday ,the 3 day
of 4 v e m b e I; 19 93 ,and was thereafter printed and published on every to
and Including ,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:
abcdefghijkhiuiopgrstuvwxyz ~~
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TITLE: Gene ra I Manage r
Acknowledged before me on this
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(2) Maximum rate allowed by law for the above matter $ 96.8f per line
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City of Richfield
(Official Publication)
ORDINANCE NO. 1993-16
TRANSITORY ORDINANCE NO. 17.53
INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND
REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT. USES, AND
SIMILAR USES WITHIN THE CITY
THE. CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS:
Section 1. Background.
1.01. The City's zoning ordinance does not contemplate or adequately address the classifica-
tion of adult uses and other similar uses.
1.02. The Cityy s zoning ordinance is unclear as to whether such uses acid other similar uses
should be classified as "retail stores", which are permitted uses in a C-2 general com-
mercial zoning district, or whether a new classification should be adopted for those uses.
1.03. In addition to the proper zoning classification of such uses, there are a number of signifi-
cant planning and land use issues pertaining to the regulation of such uses, including the
following:
1. The particular zoning districts in which such uses should be allowed as either permitted
or conditional uses.
2. The concentration and density of such uses in the City and its neighborhoods.
3. The effect of such uses on other uses in the surrounding area.
1.09. There is a need for a study to be conducted so that the City can adopt a set of comprehen-
sive plans and land use zoning regulations pertaining to such uses. Such a study will ad-
dress the land use and zoning issues, including those referenced above. The study will
also address the City's licensing regulations regarding such uses and the extent to which
the licensing regulations require modifications m order to maintain harmony and con-
sistency between the zoning and licensing regulations.
1.05. There is a need for an interim ordinance to be adopted for the purpose of protecting the
planning process and the health, safety, and welfare of the citizens of the City and to en-
sure that the City and its citizens retain the benefits of the City's comprehensive plan
and zoning ordinance until such a study has been completed. There is a need to restrict
such uses until such a study has been coinpleted and any modifications to the City's zon-
ing and -and use regulations are accomplished.
1.06. The City Council has directed that such a study be undertaken.
1.07. Minnesota Statutes. section 462.355, subd. 4 (Act) permits the adoption of interim zoning
ordinances during the planning process.
1.08. The Report of the Attorney General dated June s, 1989 and studies conducted by the Cities
of Minneapolis, St. Paul and Rochester have concluded that adult uses can create adverse
impacts, such as increased crime rates, lower property values, increased transiency,
neighborhood blight and decreased stability of ownership.
Section 2. Planning and Zoning Study; Moratorium.
2.01. A study is authorized to be conducted by City staff to determine how such adult uses,
and other similar uses should be regulated within the City. The scope of the study should
include, but is not limit@d to, the following:
a. the particular zoning districts in which such uses should be allowed as either permitted
uses or conditional uses;
b. the density and concentration of such uses;.
c. the effect of such uses on other uses in the surrounding area;
d. the need, if any, for modifications to the licensing regulations regarding adult uses and
similar uses.
2.02. Upon completion of the study, the matter is to be considered by the Planning Commis-
sion for its review and recommendation to the City Council.
2.03. A moratorium on the development of adult uses and other similar uses is adopted pend-
ing completion of the study and the adoption of any amendments to the City's zoning or-
dinance. No license or building permit may be issued for such uses or for the expansion
of any existing use during the moratorium period nor may any rezonings, plattings or
replattings, or land divisions or consolidations be granted by the Cdy for such uses dur-
ing the moratorium period. The moratorium period shall expire on September 27, 1994
or such earlier date as may be further adopted by ordinance. The moratorium period
may be extended for a reasonable time by ordinance, as may be necessary to complete
the study and adopt any necessary amendments to the City s zoning ordinance.
2.04. For the purpose of this ordinance, adult uses shall mean all of the uses described in Sec-
lion 605 of the Richfield Ordinance Code as "Adult Oriented Services" together with all
other uses of a similar nature that are characterized by an emphasis on, or have a substan-
tial or significant portion of their stock and trade devoted to, the presentation, display,
depiction or description of 'Specified sexual activities" or "specified anatomical areas."
Such uses include, without limitation, adult book stores, adult novelty stores and adult
movie theaters.
2.05. For purposes of this ordinance, "specified sexual activities" means:
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copula-
tion, 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: ani]-
ingus, buggery, coprophagy, coprophilia, cunnibngus, fellatio, necrophilia, pederasty,
pedophilia,:piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or
5. Situations involving a person or persons, any of whom are nude, clad in undergarments
or in sexually revealing costumes, and who are engaged in activities involving the flagella-
tion, torture, fettering, bindm~ or other physical restraint of any such person; or
6. Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by
a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation
2.06. For purposes of this ordinance, "specified anatomical areas" means:
1. Less than completely and opaquely covered human genitals, pubic region, buttock, anus
or female breast(s) below a point immediately about the top of the areola; and
2. Human male genitals in a discernible turgid state, even if completely and opaquely
covered.
Section 3. Effective llate.
This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter.
Passed by the City Council of the Ci[y of Richfield, Minnesota MARTIN JyKIRSCHeMayor
ATTEST:
THOMAS P. FERBER, City Clerk
(Nov. 3, 1993)-RICH