Ord 521 Interim Ordinance Massage MoratoriumCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 521
AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM
ON MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS LICENSES
IN THE CITY AND DIRECTING A STUDY TO BE CONDUCTED
WHEREAS, the City of Mendota Heights has previously determined that sexually oriented
businesses cause secondary effects that are detrimental to the public health, safety, and general welfare
of the citizens of the City of Mendota Heights; and,
WHEREAS, the City's comprehensive plan, zoning, licensing, and development regulations
may not adequately address various impacts to the public health, safety, morals, and general welfare
that adult massage parlor businesses present; and,
WHEREAS, to provide for adequate time for study, analysis, and the finalization of a city code
amendments regarding massage parlor businesses and to preserve the status quo within the City, the
City desires to enact a temporary prohibition on the applications for and the issuance of permits and
licenses for massage establishments.
The City Council of the City of Mendota Heights, Dakota County, Minnesota does hereby
ordain as follows:
SECTION 1. THE FOLLOWING MORATORIUM ORDINANCE IS ADOPTED:
PURPOSE.
1.1 The purpose of this interim ordinance is to protect the planning process and the health,
safety, and welfare of the citizens of Mendota Heights by placing temporary moratorium requirements
on massage establishments within the City. The ordinance will allow the City to complete a
comprehensive study and enact permanent zoning and licensing regulations relating to massage
establishments. This ordinance does not have the effect of imposing a limitation or restriction on the
content of any communicative materials.
FINDINGS.
2.1 Studies conducted by the Minnesota Attorney General and the Texas City Attorneys'
Association, as well as the Cities of St. Paul, Alexandria, and Rochester, Minnesota; Indianapolis,
Indiana; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; St. Croix County, Wisconsin;
Adams County and the City of Denver, Colorado, have examined the impact that adult establishments
have on their respective communities. These studies concluded that adult establishments have an
adverse impact on surrounding neighborhoods. Those impacts include increased crime rates, lower
property values, increased transiency, neighborhood blight and potential health risks. The City Council
of the City of Mendota Heights recognizes that the same or similar adverse impacts could occur in a
smaller city. Therefore, the City Council makes the following findings regarding the need to regulate
adult establishments and massage establishments.
a) Adult uses have an impact on the neighborhoods surrounding them, which is
distinct from the impact caused by other commercial uses;
b) Studies of other cities have shown that the values of both commercial and
residential properties either are diminished or fail to appreciate at the rate of other comparable properties
when located in proximity to adult uses.
2.2 The City Council is also concerned that the City's zoning and licensing regulations may
be inadequate to accomplish the purpose for which they were intended.
2.3 In addition to the proper zoning classifications of such uses there are a number of
significant planning and land use issues pertaining to the regulation of such uses, including the
following:
and,
a) The particular districts in which such uses shall be allowed as permitted uses;
b) The concentration and density of such uses in the City and its neighborhoods;
c) The effect of such uses on other uses in the surrounding area.
2.4 There is a need for a study to be conducted so that the City, as part of its planning
process, can adopt comprehensive land use and zoning regulations pertaining to adult uses.
2.5 Minnesota Statutes, Section 462.355, sub. 4, permit the adoption of interim zoning
ordinances during the planning process.
DEFINITIONS.
For the purposes of this ordinance, the following terms shall have the meanings given below:
3.1 Adult Use — Massage Parlor; Health Club: A massage parlor or health club that provides
the services of massage, if such service is distinguished and characterized by an emphasis on Specific
Sexual Activities or Specified Anatomical Areas.
PLANNING AND ZONING STUDY; MORATORIUM.
4.1 A study is authorized to be conducted by City staff to determine how massage
establishments should be regulated within the City. The scope of the study should include, but is not
limited to, the following:
a) The particular zoning districts in which massage establishments should be
allowed as permitted uses;
b) The density and concentration of such uses; and,
c) The effect of such uses on other uses in the surrounding area; and,
Ordinance 521 Page 2 of 3
d) The appropriate licensing requirements.
4.2 Upon completion of the study, the matter is to be considered by the planning
commission for its review and recommendation to the city council.
4.3 Pending completion of the study and adoption of any amendments to the City's official
controls, a moratorium is established on the issuance of any development approvals, including but not
limited to preliminary plats, re -zonings, variances, conditional use permits, site places, or licenses.
date.
4.4 This ordinance will be effective for a period of twelve (12) months after its effective
ENFORCEMENT.
5.1 Violation of any portion of this ordinance shall be a misdemeanor punishable by
imprisonment for up to 90 days and a fine of $1,000.00 or both, plus the costs of prosecution. Each day
that a violation occurs shall be considered a separate offense.
5.2 The City may enforce any provision of this ordinance by mandamus, injunction or any
other appropriate civil remedy in any court of competent jurisdiction.
SEPARABILITY.
6.1 Every section, provision or part of this ordinance is declared separable from every
section, provision or part of this ordinance. If any section, provision, or part of this ordinance is
adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other
section, provision, or part of this ordinance.
This Ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an Ordinance this 3rd day of April, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
(1/ULt-QUDA,
Neil Garlock, Mayor
ATTEST
Lorri Smith, City Clerk
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