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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.