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City Council Ordinance 217ORDINANCE AMENDMENT NO. 217 ZONING ORDINANCE AMENDMENTS RELATING TO THE DEFINITION OF ADULT USES AND GENERAL PROVISIONS FOR ADULT USES The Monticello City Council does hereby ordain the following: I. DEFINITIONS Section 2-2 of Chapter 2 of the Monticello Zoning Ordinance to be amended by adding the following definitions as [AD], [AE], and [AF] and shifting the lettering system of all definitions following these additional definitions: [AD] ADULT USES: Adult uses include adult bookstores, adult motion picture theatres, adult mini -motion picture theatres, adult massage parlors, adult steamroom/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 Statute 5617.241 are not included. Specified Anatomical Areas: A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 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 sexual relationship, and any of the following sexually - oriented acts or conduct: anilingus, buggery, ADULTUSE.AMD: 1/13/92 Ordinance Amendment No. 217 Page 2 coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty. B. Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence. C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation. D. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast. E. 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 persons. F. Erotic or lewd touching, fondling, or other sexually -oriented contact with an animal by a human being. G. Human excretion, urination, menstruation, vaginal, or anal irrigation. [AE] ADULT USE / ACCESSORY: The offering of goods and/or services which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include adult magazines, adult movies, adult novelties, and the like. [AF] ADULT USE / PRINCIPAL: The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following: A. Adult Use Body Painting Studio - An establishment or business which provides the service of applying paint or other substance, whether transparent or non -transparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas." B. 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 ADULTUSE.AMD: 1/13/92 ordinance Amendment No. 217 Page 3 building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." C. Adult Use Cabaret - A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or 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." D. Adult Use Companionship Establishment - A companionship establishment which excludes minors by reason of age, or 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 is distinguised or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." E. Adult Use Conversation/Rap Parlor - A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." F. Adult Use Health/Sport Club - A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." G. Adult Use Hotel/Motel - Adult hotel/motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." ADULTUSE.AMD: 1/13/92 Ordinance Amendment No. 217 Page 4 H. 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 or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." I. Adult Use Mini -Motion Picture Theatre - A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. J. 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 engage 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. K. 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 or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." L. Adult Use Motion Picture Theatre - A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. ADULTUSE.AMD: 1/13/92 Ordinance Amendment No. 217 Page 5 M. 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. N. Adult Sauna - A sauna which excludes minors by reason of age, or 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." O. Adult 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 or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." II. GENERAL PROVISIONS Chapter 3 of the Monticello Zoning Ordinance shall be amended as follows: Add section 3-10: ADULT USES. [A] PURPOSE: The purpose of Section 3-10: Adult Uses is to provide the opportunity for operation and establishment of adult land uses while providing controls that limit negative impacts of adult uses on residential and commercial areas. [B] GENERAL: Adult use as defined in this ordinance shall be subject to the following general provisions: 1. Activities classified as obscene as defined by Minnesota Statute 617.241 are not permitted and are prohibited. 2. Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. ADULTUSE.AMD: 1/13/92 Ordinance Amendment No. 217 Page 6 3. An adult use which does not qualify as an accessory use shall be classified as an adult use/principal. 4. Zoning Controls and District Text Application: a. So as to provide specific opportunity for adult uses to exist within the city of Monticello, an analysis of the existing city ordinance text and map has been conducted. It was determined that the I-2 zoned districts provided the most appropriate zones to accommodate adult uses classified as principal activity. Only amendments to the I-2 text are, therefore, proposed to accommodate adult uses/principal. Principal adult uses are permitted only in the I-2 zoned districts. b. Table 1, as follows, provides an initial basis for determining adult principal use opportunity within the city of Monticello. The I-2 zoned districts have been first evaluated as to area as related to the balance of the city (Table 1) and secondly, the allowed opportunity area as related to the size of the I-2 zoned property (Table 2). TABLE 1 CITY OF MONTICELLO PROPOSED ZONING DISTRICTS ALLOWING ADULT USE/PRINCIPAL Total* I-2* Percent Developable Zoned of Acres Acres City 21511 137 5% * Area calculations do not include undevelopable property owned by NSP, City, Golf Club, School District. ADULTUSE.AMD: 1/13/92 Ordinance Amendment No. 217 Page 7 TABLE 2 CITY OF MONTICELLO PROPOSED ZONING DISTRICTS ALLOWING ADULT USE/PRINCIPAL I-2 Percent Separation Zoned Acres of City 700 feet 59 2.35% In general terms, the I-2 zoned districts provide adequate potential for adult uses. Adult uses are restricted to the I-2 zoned districts. [C] ADULT USE / PRINCIPAL: 1. Adult use/principal activities shall be located at least seven hundred (700) radial feet, as measured in a straight line from the building upon which the adult use/principal is located to the property line of the following: a. Residentially zoned property. b. Agricultural land located in the neighboring township or in the city that is designated in the comprehensive plan for residential use. C. A licensed day care center. d. A public or private educational facility classified as an elementary, middle, junior high, or senior high school. e. A public library. f. A public park. g. A church. h. Amusement places such as roller rinks, dance halls, and bowling alleys. i. Liquor sales. 2. Adult use/principal activities shall be located at least four hundred (400) radial feet apart as measured from one another. ADULTUSE.AMD: 1/13/92 Ordinance Amendment No. 217 Page 8 3. Adult use/principal activity is a separate use and no two adult use/principal activities shall be located in the same building or upon the same property and each use shall be subject to the above. 4. Adult use/principal activities shall adhere to the following signing regulations: a. Sign messages shall be generic in nature and shall only identify the type of business which is being conducted. b. Sign messages shall not contain material classified as advertising. C. Sign messages shall comply with the requirements of size and number for the district in which they are located. 5. Adult use/principal activities shall be prohibited in establishments where liquor is served. 6. Adult use/principal activities shall be prohibited at any place or event where minors are permitted. [D] ADULT USE / ACCESSORY: 1. Adult use/accessory activities are permitted only in the B-3 or B-4 zoned districts. 2. Adult use/accessory activities shall comprise no more than ten ( 10 ) percent of the f loor area of the establishment in which it is located or shall comprise an area no greater than 100 sq ft of floor area in which it is located, whichever is smaller. 3. Adult use/accessory activities shall be restricted and prohibited from access to minors by the physical separation of such items from areas of general public access: a. Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation. ADULTUSE.AMD: 1/13/92 Ordinance Amendment No. 217 Page 9 b. Magazines. Publications classified or qualifying as adult uses shall be covered with a wrapper or other means to prevent display of any material other than the publication title. C. Other Use. Adult use/accessory activities not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator. 4. Adult use/accessory activities shall be prohibited from both internal and external advertising and signing of adult materials and products. 5. Adult use/accessory activities shall be prohibited in establishments where liquor is served. 6. Adult use/accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are admitted. III. "B-3" HIGHWAY BUSINESS DISTRICT Section 3 of Chapter 13 of the Monticello Zoning Ordinance to be amended by adding the following: [B] Adult Use/Accessory IV. "I-2" HEAVY INDUSTRIAL DISTRICT Section 2 of Chapter 16 of the Monticello Zoning Ordinance to be amended by adding the following: [E] Adult Use/Principal Adopted by the Council this 13th day of Januar' 19 92 ',`r�:'�y 'z� Ken,- alis, Mayor Rick Wolf eller City Administrator ADULTUSE.AMD: 1/13/92 CITY OF MONTICELLO ZONING ORDINANCE AMENDMENT SUMMARY PUBLICATION On January 13, 1991, the City Council of the City of Monticello adopted Resolution 92-1 adopting findings and conclusions supporting establishment of regulations governing adult land uses. The regulations adopted consist of amendments to Section 2-2 of Chapter 2, Section 3 of Chapter 13, Section 2 of Chapter 16, and the addition of Section 3-10, of the City of Monticello Zoning Ordinance. Contained within the ordinance amendments are the definitions of "Adult Uses," "Adult Uses Principal," and "Adult Uses Accessory." Also included in the amendments are provisions regulating location and operation of Adult Uses Principal and Adult Uses Accessory. This is a summary publication only. A complete text of the resolution and associated zoning ordinance amendments are available and on file for review at Monticello City Hall, 250 East Broadway, during normal business hours. Jef O'Neill Assistant Administrator Published in the Monticello Times on 1/16/92.