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Last modified
7/17/2007 1:58:56 PM
Creation date
6/9/2005 1:51:08 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3394
Planning Files - Type
Zoning Text Amendment
Project Name
Sexually Oriented Businesses
Status
Non-Active
Date Final City Council Action
5/6/2002
Date Final Planning Commission Action
6/5/2002
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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 /> <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 of Roseville. <br /> <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 of City 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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