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Last modified
7/17/2007 8:41:56 AM
Creation date
12/2/2004 10:40:40 AM
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Roseville City Council
Document Type
Council Resolutions
Resolution #
9992
Resolution Title
Establishing Findings of Fact that Zoning Regulations of Sexually Oriented Businesses are Necessary to Minimize the Secondary Adverse Affects of Such Businesses in the City of Roseville
Resolution Date Passed
5/6/2002
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<br />10. The Report concludes that many members of the public perceive areas within <br />which sexually oriented businesses are located as less safe than other areas which <br />do not have such uses. <br /> <br />11. The Report concludes that studies of other cities have shown that the values of <br />both commercial and residential properties either are diminished or fail to <br />appreciate at the rate of other comparable properties when located in proximity to <br />sexually oriented businesses. <br /> <br />12. The Report concludes that the Indianapolis, Indiana study established that <br />professional real estate appraisers believe that an adult book store would have a <br />negative effect on the value of both residential and commercial properties within a <br />one to three block area of the store. <br /> <br />13. The Planning Commission/City Council finds the characteristics of Roseville are <br />sufficiently similar to those of the cities cited by the Reports when considering the <br />effects of sexually oriented businesses and that the findings concerning the effects <br />of sexually oriented businesses in other cities documented in the Reports are <br />relevant to potential circumstances in the City ofRoseville. <br /> <br />14. The Planning Commission/City Council finds, based upon the Report and the <br />studies cited herein, that sexually oriented businesses have the potential for <br />adverse secondary effects upon certain pre-existing land uses within the City of <br />Roseville and that in reliance on data and conclusions made by the studies <br />documented in the Report, it is not necessary for the City of Roseville to conduct <br />its own independent study concerning the effects of sexually oriented businesses <br />located within the City. <br /> <br />15. The City of Roseville is currently without any ordinance regulating the location of <br />sexually oriented businesses within the City. <br /> <br />16. Pursuant to the United States Supreme Court case ofCitv of Renton v. Playtime <br />Theaters. Inc., 106 S.Ct. 925 (1988), and others, it is clear that a permanent total <br />prohibition against sexually oriented businesses would be unconstitutional. <br /> <br />17. The City of Roseville is a balanced community with residential, commercial, and <br />industrial uses. <br /> <br />18. The Planning Commission/City Council finds that the location of sexually <br />oriented businesses within the City of Roseville will have a potentially <br />detrimental effect on the City by unnecessarily lowering property values within <br />the City if said establishments were located in inappropriate areas. <br /> <br />19. The Planning Commission/City Council finds that content-neutral time, place and <br />manner restrictions that regulate the zoning of sexually oriented businesses are <br />necessary in the City of Roseville to minimize the potential adverse secondary <br />effects which will accompany the location and operation of said businesses within <br /> <br />3 <br />
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