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Attorney G[n~ral'S report that sites many other reports regarding adult uses, it is believed that the Planning and Zoning Comm~ssmn w~ll have the basis to reach a finding that there are secondary impacts resu:ltihg fi'om adult uses. At this point;i 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, B~ard !of Adjustment, Nonconforming Uses, Performance Standards, Performance Standards i~or l~lon~esidential Developments and Districts by Name and Intent. Mr. Goodrich ;briefly reviewed each of the proposed districts with the Commission. The ordinance ends with a s~tion containing a summary of the ordinance itself and the last section deals with the effective date. Chairman Ziramerman referred to the section on amortization of nonconforming uses and inquired as to who woUld b~ responsible for detem'fining the appropriate amortization time frame. Mr. Hartley {eplied that the amortization time frame would be determined by the Zoning Administratm,2 EXamples of criteria that would be used to determine amortization time frames is length of tim~ anal operation, nature and character of surrounding neighborhood, value and condition o~ i~pr°vements on property, amount of applicant investment, amount of investment already realiz{d at~d 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. Commissione!~ Deemer noted that adult use accessory is being defined as one where the adult use consists of 10~o o3 less of the floor space of the principal use. Commissioner Deemer stated that he feels alloWlhg dp to 10% of the available space and yet be classified as an adult use accessory is excessive. Mr. Licht no.t .ed. that adult use accessory is also restricted by the requirement that it cannot comprise more than 20qo oflthe gross receipts of the entire business operation and that it cannot involve or include any a~tivity except the sale or rental of merchandise. Mr. Licht stated that he believes reducing the r~axitnum amount of floor area for an accessory adult use to less than 10% would be subject to chaiieng~. Mr. Licht noted that the proposed ordinance indicates that adult uses, either principal or accessory, shall be prol3i~3ited' from locating in any place which is also used to dispense or consume alcoholic beverages, lvl~'~. Licht explained that this particular section would apply to the nude dancing as it exists in Rarn'~ey l~oday. If this language is retained in the ordinance, that use in Ramsey today would be nonconforming. Commissione~ Deemer expressed concern that in the Definitions section, Adult Use Motion Picture Arcade is defined gs showing images to five or fewer persons per machine and may be creating a loophole. Case # 4: Review and Ado_~t Findings Regarding Adult Use. Mr. Goodrich stated that City staff has tried to fashion the proposed Findings of Fact after the studies that have been reviewed and the Ma,,,, 29, 1990 and October 9, 1990 City of Ramsey public hearings. Planning and Zoning Commission Page 7 of 8 / October ~'~ 1990