Laserfiche WebLink
<br />.- <br /> <br /> <br />w/s> : <br /> <br />community seeks to prevent by prohibiting multiple-use businesses before enacting _ <br />this type of ordinance. I <br /> <br /> <br />4. Requirinq Existinq Businesses to Comply with New Zoninq I <br /> <br />Zoning ordinances can require existing sexually-oriented businesses to close their I <br />operations provided they do not foreclose the operation of such businesses in new <br />locations. Under such provisions, an existing business is allowed to remain at its I <br />present location, even though it is a non-conforming use, for a limited period. <br /> <br />The Minnesota Supreme Court has explained the theory this way: I <br /> <br />The theory behind this legislative device is that the useful life of the I <br />nonconforming use corresponds roughly to the amortization period, so that <br />the owner is not deprived of his property until the end of its useful life. In I <br />addition, the monopoly position granted during the amortization period <br />theoretically provides the owner with compensation for the loss of some . <br />property interest, since the period specified rarely corresponds precisely to I <br />the useful life of any particular structure constituting the nonconforming use. . <br /> <br />Naeqele Outdoor Advertisino Co. v. Villaqe of Minnetonka, 162 N.W.2d 206,213 (Minn. I <br />1968). <br /> <br /> <br />Such provisions applied to sexually oriented businesses have been said to be I <br />"uniformly upheld.". Dumas v. City of Dallas, 648 F. Supp. 1061, 1071 (N.D. Tex. 1986), I <br />aff'd, FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298 (5th Cir. 1988) (citing cases). <br />, <br /> <br />As detailed in the first section of this report (pp. 6-15), there are significant I <br />secondary impacts upon communities related to the location of sexually oriented <br />businesses. These impacts are intensified when sexually oriented businesses are I <br />. located in residential areas or near other sensitive uses and when sexually oriented <br />businesses are concentrated near ,each other or near alcohol oriented businesses. The I <br />[ Working Group believes that evidence. from studies such as those described in the first <br />section of this report and anecdotal evidence from neighborhood residents and police. I <br /> <br />[ . <br />l ~ I <br />[ I <br />