City Council Ordinance 202ORDINANCE AMENDMENT NO.202
THE CITY COUNCIL OF THE CITY OF MONTICELLO DOES HEREBY ORDAIN THAT
THE MONTICELLO ZONING ORDINANCE BE AMENDED BY ADDING THE FOLLOWING
CHAPTER:
Chapter 29
AN INTERIM ORDINANCE IMPOSING A MORATORIUM
ON ADULT ORIENTED LAND USES ON CERTAIN PROPERTY
LOCATED WITHIN THE CITY OF MONTICELLO
SECTION:
29-1:
Purpose
29-2:
Definitions
29-3:
Moratorium
29-4:
Effective Date
29-1: PURPOSE: The City of Monticello 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, Subdivision 15, including Chapters 3-16
of the Monticello Zoning Ordinance. In recognition of
the documented secondary impacts that "Adult Oriented
Land Uses" pose to the property values, minors, and
nearby sensitive land uses, the City Council of the City
of Monticello 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 AO, R-11 R-21 R-31 R-41 R -PUD, PZR, PZM, B-11
B-2, B-3, B-41 I-1, and I-2" as shown on the City of
Monticello 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 Monticello, it is necessary and
desirable to impose the following moratorium pursuant to
the authority granted by Minnesota Statutes,
Section 462.355, Subdivision 4.
Ordinance Amendment No. 202
Page 2
29-2: DEFINITIONS: The following words and terms, wherever
they occur in this ordinance, shall be interpreted as
herein defined:
[AA] 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.
[AB] SPECIFIED SEXUAL ACTIVITIES: Specified Sexual
Activities shall mean:
1. Acts of human masturbation, sexual intercourse
or sodomy, or any acts of bestiality.
2. Fondling or other erotic touching of human
genitals, pubic region, buttock, or breast of
either male or female.
3. Human genitals in a state of sexual
stimulation or arousal.
[AC] SPECIFIED ANATOMICAL AREAS: Specified Anatomical
Areas shall mean:
1. Less than completely and opaquely covered:
(a)
(b)
(c)
human genitals, pubic region;
buttock; and
female breast below
above the top of the
a point immediately
areola; and
2. Human male genitals in a discernibly turgid
state, even if completely and opaquely
covered.
[AD] 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
Ordinance Amendment No. 202
Page 3
viewing of 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.
[AE] 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.
29-3: MORATORIUM: From the effective date of this ordinance to
and including January 13, 1992, unless earlier terminated
by resolution of the Monticello City Council, the City
Council, Planning Commission, and the City of Monticello
staff shall not accept any applications for or continue
to process or act on any applications or requests for
building permits, rezoning, conditional use permits,
variances, plats, administrative subdivisions, or other
land use approvals for land uses described in Section 29-
2 above within the area identified in Section 29-1 above.
29-4: EFFECTIVE DATE: This ordinance shall be in full force
and effect upon its passage and publication.
Adopted this 14th day of January, 1991.
Ma r
City Admi istrator
Published in the Monticello Times on 1/24/91.