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Ordinance No. 2012-02

An ordinance for protecting the planning process and the health, safety and welfare of the residence of the City of Lynd, placing a moratorium on development in certain areas in the city of Lynd

October 22, 2012
Marshall Independent

October 20, 2012

ORDINANCE NO. 2012-02

AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENCE OF THE CITY OF LYND, PLACING A MORATORIUM ON DEVELOPMENT IN CERTAIN AREAS IN THE CITY OF LYND

WHEREAS, The City Code of the City of Lynd does not specifically addresses Adult Uses and adult Establishments in Commercial and Business Districts of the City.

WHEREAS, the Council has determined that there is a need for an interim ordinance to be adopted pursuant to Minnesota Statute Section 462.355, Subd. 4 for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City, and insuring that the City's official controls until the study process is complete and any modifications to the City's official controls become effective.

NOW THEREFORE, BE IN ORDAINED BY THE CITY COUNCIL OF THE CITY OF LYND, AS FOLLOWS:

1. Definitions. For the purposes of this MORATORIUM only, the words and phrases below are defined as follows:

(A) Adult Establishment. Any business that:

(1) devotes a substantial or significant portion of its inventory, stock-in-trade, or publicly-displayed merchandise, or devotes a substantial or significant portion of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to, or derives a substantial or significant portion of its gross revenues from items, merchandise, devices or other materials distinguished or characterized by an emphasis on material depicting, exposing, simulating, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas; or

(2) engages in any Adult Use as defined in Paragraph (B) of this section.

(B) Adult Use. An adult use is any of the activities and businesses described below:

(1) Adult Bookstore or Videostore. An establishment or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, movies, or motion picture film if a substantial or significant portion of its inventory, stock in trade, or publicly-displayed merchandise consists of, or if a substantial or significant portion of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) is devoted to, or if substantial or significant portion of its gross revenues is derived from items, merchandise, devices or materials that are distinguished or characterized by an emphasis on material depicting, exposing, simulating, describing, or relating to specified sexual activities or specified anatomical areas.

(2) Adult Entertainment Center. A business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on the presentation, display, or depiction of "specified sexual activities" or "specified anatomical areas."

(3) Adult Companionship Establishment. A business or establishment that 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 distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(4) Adult Conversation/Rap Parlor. A business or establishment that 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."

(5) Adult Health/Sport Club. A health/sport club, which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(6) Adult Hotel or Motel. Adult hotel or motel means a hotel or motel 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."

(7) Adult Massage Parlor, Health Club. A massage parlor or health club which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(8) Adult Motion Picture Theater. A motion picture theater that as a prevailing practice presents movies distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons.

(9) Adult 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.

(10) Adult 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."

(11) Adult 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

(C)"Nude" or "Specified Anatomical Areas" means: a full copy of Section C is available by inspection by any person during regular hours at the Office of the City Clerk or upon request.

(D) "Specified Sexual Activities" means: a full copy of Section D is available by inspection by any person during regular hours at the Office of the City Clerk upon or upon request.

2. This MORATORIUM shall apply to Adult Use(s) and Adult Establishment(s) in any General Business and Commercial Industrial district within the City.

3. The Ordinance shall become effective upon passage and publication.

4. This Ordinance shall remain in effect for 60 days following its effective date, unless earlier amended or repealed by Ordinance duly adopted by the City Council.

5. City Staff and the Planning Commission are directed to immediately begin studying what Zoning Districts within the city are appropriate for adult uses and to report back to the City Council with recommendations.

6. Every person violates a section, subdivision, paragraph or provision of this chapter when they perform an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor.

This Ordinance was adopted by the Lynd City Council on this 16th day of October, 2012.

This ordinance shall take effect and be in force from and after its publication in the official newspaper of the City of Lynd.

/Diane Boe/

Diane Boe, Mayor

ATTEST:

/Steve Boogaard/

Steve Boogaard, City Clerk

 
 

 

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