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#9()-..~, an ordinance which restricts certain types of adult Attorney Goodrich reviewed Ordinance ~" establishments to certain zoning districts, subject to conditions otherwise specified. Regarding Section 5, 9.023.05 Variances, Subdivision 2; Mr. Hanley stated that the Planning and Zoning Commission shall serve as the Board of Adjustment and Appeals. However, an.,,, action of the Board of Adjustment and Appeals may be appealed to the Council by an.',, affected person if notice of such an appeal is received by the Zoning Administrator within 10 days of the final action of the Board of Adjustment and Appeals. He stated that Planning and Zoning wants to serve in that capacity and that leaves a body (City Council) to appeal to. The 10 days is not just working days. Mr. Hartley noted that Section 6, 9.03.07 Appeals, Subdivision 1 reads the same as the one in Variances regarding Planning and Zoning serving as the Board of Adjustment and Appeals. Mr. Hartley continued with Section 8, 9.11.19 Adult Uses, Subdivision 3;. Item #8 is added to include churches or church related organizations. The language must be drafted to read that churches are protected as far as what type of establishment can locate next to them, however, the church is free to locate where they want to. Discussion ensued regarding adult use-principal hours of operation (Section 8, 9.11.19 Adult Uses, Subdivision 3, Item d). Mr. Goodrich stated that if there appears to be a real need to pinpoint hours of operation, then it will be reviewed at that time. Mr, Goodrich pointed out the nonconforming adult use paragraph (Section g, Subdivision 5) Agriculture allowances were also discussed. tt was suggested that in Section 9, 9.11.20 Non-Residential Development Standards, Subdivision 1) that non-agricultural be added. Non-residential or ag uses within the City would lift the storage requirement from ag uses. It was noted that Section 21, 9.21.2z~ B-W Business/Warehousing District is a new district established. Items 1 and 2 under the letter issues of Subdivision 3 were added at the request of the Economic Development Commission and the Planning and Zoning Commission. It was also noted that in the Rural Industrial District, outdoor storage is not allowed except with a CUP (Section 23, 9.21.26). Agriculture uses are defined elsewhere in the ordinance. Section 25. Map Amendment was discussed. Mr. Goodrich stated that the change is not making anyone nonconforming that has a permit right now. Councitmember DeLuca felt that because of the sensitivity of the issue, he'd like the people affected to be notified by mail. He felt there should be a para~aph explaining the zoning change, let them know which zone they are in and let them know they can come to City Hall and get their questions answered. Mr. Goodrich stated that in the Holmberg versus the City of Ramsey case, LarD,' Holmberg stated he was in operation before the City of Ramsey adopted an adult use ordinance and Mr. Hotmberg's attorney is taking a deposition from Mr. Jim Gilbertson relating to that statement. M.r. Goodrich stated that Section 26, (Summary) is an adequate summary for this ordinance. Motion by Councilmember Cich and seconded by Councilmember Peterson adopting Resolution #90-11-348 adopting Ordinance #90-23 which ordinance restricts certain types of adult establishments to certain zoning districts, subject to conditions otherwise specified. Motion carried. Voting Yes: Mayor Reimann. Councilmembers Cich. Peterson. DeLuca and Pearson. Voting No: None. City Council/November 13. 1990 Page 14 of 16