Ord 546 Place Temporary Moratorium on Adult UsesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 546
AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM
ON ADULT USE ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES
IN THE CITY OF MENDOTA HEIGHTS AND
DIRECTING A STUDY TO BE CONDUCTED
The City Council of the City of Mendota Heights, Dakota County, Minnesota (the "City")
does hereby ordain as follows:
WHEREAS, the City is aware that certain adult use establishments and/or sexually oriented
businesses may 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 use establishments and/or sexually oriented businesses present; and,
WHEREAS, in order to provide adequate time for study, analysis, and the finalization of a
city code amendment regarding adult use establishments and/or sexually oriented businesses and to
preserve the status quo within the City, the City desires to enact a temporary prohibition on the siting,
allowance and issuance of any permits, land -use entitlements or licenses for adult use establishments
and/or sexually oriented businesses.
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 adult use establishments and/or sexually oriented businesses within the City. The temporary
moratorium will allow the City to complete a comprehensive study and enact permanent zoning and
possible licensing regulations relating to adult use establishments and/or sexually oriented businesses.
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 and sexually oriented businesses have on their respective communities. These studies
generally 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 such as Mendota
Heights. Therefore, the City Council makes the following preliminary findings regarding the need to
regulate adult establishments and massage establishments. The findings and conclusions contained
in this ordinance may be further updated and revised during the temporary moratorium period, as
provided for in Section 3.4 of this ordinance.
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 use establishments and/or sexually
oriented businesses.
2.2 The City Council is also concerned that the City's zoning and licensing regulations
may be inadequate as related to adult use establishments and/or sexually oriented businesses.
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:
a) The particular zoning districts in which such uses shall be allowed as permitted or
conditional uses;
b) The concentration and density of such uses in the City and its neighborhoods; and,
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 use
establishments and/or sexually oriented businesses.
2.5 Minnesota Statutes, Section 462.355, subd. 4, permits the adoption of interim zoning
ordinances during the planning process.
PLANNING AND ZONING STUDY; MORATORIUM.
3.1 A study is authorized to be conducted by the City to determine how adult use
establishments and sexually oriented businesses should be regulated within the City. The scope of
the study should include, but is not limited to, the following:
a) The proper legal definitions for adult use establishments and sexually oriented
businesses;
b) The particular zoning districts in which adult use establishments and/or sexually
oriented businesses should potentially be allowed as permitted or conditional uses;
c) The density and concentration of such uses;
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d) The effect of such uses on other uses in the surrounding area; and,
e) Any appropriate licensing requirements.
3.2 Upon completion of the study, the matter shall be considered by the Planning
Commission for its review and recommendation to the City Council.
3.3 Pending completion of the study regarding adult use establishments and/or sexually
oriented businesses, and adoption of any amendments to the City's official controls, a moratorium is
established on the issuance of any development and land -use approvals, including but not limited to
preliminary plats, re -zonings, variances, conditional use permits, site plans, or licenses.
date.
3.4 This ordinance will be effective for a period of twelve (12) months after its effective
ENFORCEMENT.
4.1 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.
4.2 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.
5.1 Every section, provision or part of this ordinance is declared separable from every
other 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 6th day of November, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
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Lorri Smith, City Clerk
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