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Attorney General's report that sites many other reports regarding adult uses, it is believed that the Planning and Zoning Commission will have the basis to reach a finding that there are secondary impacts resulting from adult uses. At this point, City Attorney Goodrich proceeded to review the proposed zoning ordinance amendment in its entirety. The amendment is broken down into the following sections: Rules of Construction, Definitions, Conditional Use Permits and the Procedures for Processing Them, Variances, Board of Adjustment, Nonconforming Uses, Performance Standards, Performance Standards for Nonresidential Developments and Districts by Name and Intent. Mr. Goodrich briefly reviewed each of the proposed districts with the Commission. The ordinance ends with a section containing a summary of the ordinance itself and the last section deals with the effective date. Chairman Zimmerman referred to the section on amortization of nonconforming uses and inquired as to who would be responsible for determining the appropriate amortization time frame. Mr. Hartley replied that the amortization time frame would be determined by the Zoning Administrator. Examples of criteria that would be used to determine amortization time frames is length of time and operation, nature and character of surrounding neighborhood, value and condition of improvements on property, amount of applicant investment, amount of investment already realized and the cost to relocate the use. However, in no case shall the amortization time frame exceed five (5) years from the time of notification that evidence has been supplied that the use poses a danger or threat. Commissioner Deemer noted that adult use accessory is being defined as one where the adult use consists of 10% or less of the floor space of the principal use. Commissioner Deemer stated that he feels allowing up to 10% of the available space and yet be classified as an adult use accessory is excessive. Mr. Licht noted that adult use accessory is also restricted by the requirement that it cannot comprise more than 20% of the gross receipts of the entire business operation and that it cannot involve or include any activity except the sale or rental of merchandise. Mr. Licht stated that he believes reducing the maximum amount of floor area for an accessory adult use to less than 10% would be subject to challenge. Mr. Licht noted that the proposed ordinance indicates that adult uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages. Mr. Licht explained that this particular section would apply to the nude dancing as it exists in Ramsey today. If this language is retained in the ordinance, that use in Ramsey today would be nonconforming. Commissioner Deemer expressed concern that in the Definitions section, Adult Use Motion Picture Arcade is defined as showing images to five or fewer persons per machine and may be creating a loophole. Case # 4; Review and Adopt Findings Regarding Adult U~e. Mr. Goodrich stated that City staff has tried to fashion the proposed Findings of Fact after the studies that have been reviewed and the May 29, 1990 and October 9, 1990 City of Ramsey public hearings. Planning and Zoning Commission / October 22, 1990 Page 7 of 8