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Home My WebLink AboutOrdinance - 24-2018 - Amending City Code Chapter 11, Related to Sexually Oriented Businesses - 12/13/2018 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 24-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02 AND 11.30, RELATING TO SEXUALLY ORIENTED BUSINESSES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11, Section 11.02, is hereby amended by inserting a definition for Sexually Oriented Business as follows: (items to be renumbered) "Sexually Oriented Business"—As defined in City Code Section 5.77, Subdivision 2. Section 2. City Code Chapter 11, Section 11.30, Subdivision 2, is hereby amended by adding the following new subsection P: P. Sexually oriented businesses within the I-2 and I-5 Zoning Districts, subject to the limitations contained in Subdivision 5 of this Section. The sexually oriented business, together with other commercial uses permitted under this Section, may not exceed 15% of the gross Floor Area Ratio of the building they occupy. Section 3. City Code Chapter 11, Section 11.30, is hereby amended by adding the following new Subdivision 5: Subd. 5. Sexually Oriented Businesses. A. Purpose and Findings. The purpose of this Subdivision is to control, through zoning regulations, sexually oriented businesses,which have a direct and detrimental effect on the character of the City's residential and commercial neighborhoods. The City Council makes the following findings regarding the effect sexually oriented businesses have on the character of the City's neighborhoods. 1. Sexually oriented businesses can exert a dehumanizing influence on persons attending places of worship; children attending day care facilities; and students attending public or private schools. 2. Sexually oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law-enforcement services. 3. Sexually oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the shortage of affordable and habitable housing for City residents. 4. The concentration of sexually oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating. Other businesses move out of the vicinity and residents flee from the area. Declining real estate values, which can result from the concentration of such businesses, erode the city's tax base and contribute to overall urban blight. B. Permitted Use. Sexually oriented businesses are a permitted use in the I-2 and I-5 Industrial Park Districts as identified on the Zoning Map of the City of Eden Prairie subject to the restrictions contained in this Subdivision. Sexually oriented businesses are prohibited in all other districts. C. Performance Standards. All sexually oriented businesses shall comply with the following performance standards: 1. No sexually oriented business may be located closer than 1000 feet from any other sexually oriented business. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the other sexually oriented business. 2. No sexually oriented business may be located closer than 1000 feet from any place of worship, day care facility, or school. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the place of worship, day care facility, or school. 3. No sexually oriented business may be located closer than 1000 feet from any residential use. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the residential use. D. Licensing. All sexually oriented businesses shall comply with the licensing requirements of City Code Section 5.77. E. Sign Regulations. In addition to the sign regulations contained in Section 11.70, the following sign regulations apply to all sexually oriented businesses in the City. Where a provision of this subsection E conflicts with a provision of Section 11.70, the more restrictive provision will apply. 1. All signs shall be wall signs. Free-standing signs, readerboard signs, and dynamic displays are prohibited. 2. The amount of allowable sign area is 10%of the wall area that the sexually oriented business occupies of the wall to which it is affixed or 30 square feet, whichever is less. 3. No merchandise, photos, or pictures of the products or entertainment on the premises may be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building in which the sexually oriented business is located. 4. No signs may be placed in any window. A one square foot sign may be placed on the door to state hours of operation and admittance to adults only. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 131h day of November, 2018 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of December, 2018. Kathle n Porta, City Clerk N cy ra k ayor PUBLISHED in the Eden Prairie News on December 13, 2018. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 24-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02 AND 11.30, RELATING TO SEXUALLY ORIENTED BUSINESSES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 11, Sections 11.02 and 11.30 of the City Code by adding language to address sexually oriented businesses. The amendment adds definitions to the Section and identifies the zoning districts in which sexually oriented businesses are permitted uses. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Ka een Porta, City Clerk NarLy T - en , or PUBLISHED in the Eden Prairie News on December 13, 2018. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) Laurie A. Hartmann, being duly swom, on oath says that she is the authorized agent of the publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and has full knowledge of the facts herein stated as follows: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, (A) This newspaper has complied with the requirements constituting qualification as a MINNESOTA legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable SUMMARY OF ORDINANCE 24-2018 laws,as amended. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, (B) The printed public notice that is attached to this Affidavit and identified as MINNESOTA,AMENDING CITY No. was published on the date or dates and in the newspaper stated in the attached CODE CHAPTER SECTIONS 11.02 AND 11.30, RELATING an herebyincorporatedas p Notice d said Notice is hb art of this Affidavit.Said notice was cut from TO SEXUALLY ORIENTED the columns of the newspaper specified.Printed below is a copy of the lower case alphabet from BUSINESSES AND ADOPTING A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used in BY REFERENCE CITY CODE CHAPTER 1 AND SECTION the composition and publication of the Notice: 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY abcdefghijklmnopgrstuvwxyz PROVISIONS THE CITY COUNCIL OF 44 ,,,, THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: By Summary: This ordinance Laurie A.Hartmann amends Chapter 11, Sections 11.02 and 11.30 of the City Code by adding language to address sexually oriented businesses. Subscribed and sworn before me on The amendment adds definitions to the Section and identifies the zoning districts in which sexually orieoriented businesses are permitted this_ ay of "4,46LA-r-2018 Effective Date: This Ordinance shall take effect upon publication. E(;� NOTARY YMME JEANNETTE BARK Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City PUBLIC•MINNESOTA Clerk (A full copy of the text of N ublic OMMISSION EXPIRES 01I31123 this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,December 13, 2018•No.3458) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Maximum rate allowed by law for the above matter................................... $31.20 per column inch Rate actually charged for the above matter............................................... $12.97 per column inch