CCP 11-16-1995 - Laserfiche WebLink

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I , I The Staff in reviewing these articles, legal opinions, and ordinances has attempted to find common threads which weave through all of them. Those common threads are: -I 1. Adverse secondary effects. The courts are generally requiring a legal connection, a nexus, between the use of police powers and a specific threat to the public's health, safety, and welfare. In this case, the I use of the City's police power would be the regulating ofland use or licensing (sexually oriented businesses). The adverse secondary effects which would be a threat to the public's health, safety, and welfare, ifnot regulated or licensed, would relate to increased I crime, decrease in property values, risk to public health due to unsafe actions of certain individuals, prevent blight, and disproportionate amount of public dollars expended due I to the secondary effects of these uses. The courts have determined that cities contemplating regulating sexually oriented businesses may adopt the findings of other cities as it relates to adverse secondary effects, and are not required to show that adverse I secondary effects would or have occurred in the city. 2. Distance requirements from sensitive users. I The regulations of cities typically have a spacing requirement between a sexually oriented business and sensitive users. Sensitive users can be, but are not limited to, schools, churches, day cares, parks, and single family neighborhoods. The spacing requirement is I typically 1,000 feet, this distance has withstood judicial review. The obvious public purpose argument in requiring this distance is in preventing the previously mentioned adverse secondary effects of these uses and the probable negative impact on these -I sensitive users. These distnace requirementrs cannot be so restrictive so as to prohibit these uses from occurring within the City. 3. Distauce requirement from other sexually oriented businesses. I The regulations of cities typically have a spacing requirement from one sexually oriented I business to another sexually oriented business. The spacing requirement is again typically 1,000 feet between these similar users. The main purpose in regulating this aspect of these users is to minimize the blighting influence these users will most likely I have on a City. These distance requiremetns cannot be so restrivtive so as to prohibt these uses from occurring within the City. A notable exception to this distance requirement is larger cities, such as Minneapolis, I which tries to compress these users into a small geographic area of the city, a red light district. The creation of a red light district is an attempt to provide an area for these I businesses to occur, which they have a legal right to do, in an area which will minimize the impacts on the greater community to the largest extent possible. I I -I I