Agenda - Planning Commission - 04/20/2015 - Joint with EPB

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RELEVANT LINKS: Minn. Stat. § 138.74. Minn. Stat. § 138.73. State, by Powderly v. Erickson, 285 N.W.2d 84 (Minn. 1979). See LMC information memo, Regulation of Adult Entertainment Businesses. Minn. Stat. § 617.242. Northshor Experience, Inc. v. City of Duluth, MN, 442 F.Supp.2d 713 (D. Minn. 2006). F. Historic Preservation Historic preservation ordinances seek to protect and maintain buildings and sites of significance to history and pre -history, architecture and culture. Certain cities, which contain historic districts established by state statute, are specifically empowered by state law to create zoning regulations for their historic districts that: • regulate the construction, alteration, demolition and use of structures within the district. • prevent the construction of buildings of a character not in conformity with that of the historic district. • allow the city to remove blighting influences, including signs, unsightly structures and debris, incompatible with the maintenance of the physical well-being of the district. • allow the city "to adopt other measures as necessary to protect, preserve and perpetuate the district." Currently there are 25 official historic districts designated by state law. Cities that do not contain official historic districts, as designated by state law, may also preserve their historic properties and districts through local zoning ordinances. Often this is accomplished by establishing a standalone district or an overlay district with specific design standards. The Minnesota Supreme Court has upheld historic preservation ordinances as a reasonable use of the city's police powers to protect the health, safety and welfare of the public. G. Zoning regulation of adult uses Adult uses typically refer to bookstores, theaters, bars, and other establishments where sexually explicit books, magazines and videos are sold or sexually explicit films or live performances are viewed. Cities can control the location of adult uses through zoning ordinances to reduce the negative secondary effects of adult uses. A state law, enacted in 2006, requires that anyone intending to open an adult use business provide notice, 60 days in advance, to the city where the business will locate. The law includes numerous other provisions focused on regulation of adult uses businesses. The new law is the subject of an injunction issued by a federal district court; the court finds that questions about the law's constitutionality are valid and rules that the city may not enforce the new law. Until the constitutional questions regarding the new law are resolved, cities probably should not rely on it as the sole mechanism for regulating adult entertainment establishments. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 17