City Council Ordinance 524ORDINANCE NO. 524
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
ADULT-ORIENTED LAND USES ON CERTAIN PROPERTY LOCATED
WITHIN THE CITY OF MONTICELLO
THE CITY COUNCIL OF THE CITY OF MONTICELL0 HEREBY ORDAINS:
WHEREAS, the State Attorney General has prepared a report entitled "report of the Attorney
General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 19895
prepared by Hubert H. Humphrey, III, Attorney General of the State of Minnesota/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 1987, 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; and
WHEREAS, 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
report concludes 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),
lowered 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) the City of Phoenix, Arizona study confirmed that the sex crime rate was on the average
500 percent higher in areas with sexually oriented businesses;
f) 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;
g) 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; and
h) the Indianapolis, Indiana study established that professional real estate appraisers believe
that an adult bookstore would have a negative effect on the value of both residential and
commercial properties within a one to three block area of the store; and
WHEREAS, the Monticello City Council finds that characteristics of Monticello are similar to
those of the cities cited by the Reports when considering the affects of adult uses; and
WHEREAS, in light of growth and changes within the City since the City's original adult use
ordinances were adopted, the City's zoning ordinance may not adequately address such adult
uses which have been found by other municipalities to cause similar adverse secondary effects;
and
WHEREAS, the Monticello City Council is concerned that the City's zoning ordinance may be
inadequate in its scope and in its restrictions to accomplish the purpose for which it was
intended; and
WHEREAS, 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) The particular zoning districts in which such uses should be allowed as either permitted
or conditional uses;
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; and
WHEREAS, the City of Monticello is presently conducting a planning study identified
as "A Study for the Location of Adult Oriented Land Uses" for the purpose of
considering adoption and/or amendment of official controls as defined in Minnesota
Statutes, Section 462.352, Subdivision 15; and
WHEREAS, the City of Monticello, in recognition of the documented secondary impacts
that "Adult Oriented Land Uses" pose to the property values, minors, and nearby sensitive
land uses, does determine that prior to the completion and implementation of the Study,
interim regulations are necessary; and
WHEREAS, the official controls and amendments will consider, among other things,
appropriate land use regulations relating to "Adult Uses", Adult Use/Accessory" and "Adult
Use/Principal" as defined by the Monticello Zoning Ordinance; and
WHEREAS, the Study will consider regulations of zoning districts for the property
identified as Zoning Districts A -O, R -A, R-1, R-2, R-3, M -H, R -PUD, TN, B-1, B-2, B-3,
13-4, I -BC, I-1, and I-2 as shown on the City of Monticello Zoning Map attached as Exhibit
A to this ordinance; and
WHEREAS, there is a need for a study to be conducted so that the City can review its
comprehensive plans and land use zoning regulations pertaining to adult establishment uses in
light of changes within the City over time. Such a study will address the land use and zoning
issues, including those referenced above; and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello,
Minnesota:
1. Pursuant to Minn. Stat. § 462.355, et seq., the City hereby adopts and approves the
order for interim ordinance temporarily prohibiting "Adult Uses", "Adult
Use/Accessory" and "Adult Use/Principal" within the City of Monticello.
2. This ordinance shall take effect and be in full force from and after its
passage and publication. It shall remain in effect until the adoption of the
official controls contemplated herein or one year, whichever first occurs.
3. This ordinance shall not apply to properties which have filed a valid application for
Adult -Oriented Use as a principal use prior to adoption of this ordinance by the City
Council.
4. Pending the adoption of appropriate official controls, no application Adult -
Oriented Use within the City of Monticello shall be accepted, processed, or
approved.
5. The City may enforce any provision of this ordinance by mandamus, injunction, or
any other appropriate civil remedy in any court of competent jurisdiction.
ADOPTED BY the Monticello City Council this 14th day of February, 2011.
CITY OF MONTICELLO
_a_/ ;,� ,Z/
Clint Herbst, Mayor
ATTEST: a
Jeff 115 City Administrator
VOTING IN FAVOR: Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian
Stumpf
VOTING IN OPPOSITION: None