Agenda - Planning Commission - 01/26/2023

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(5) 1. Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation. 2. Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. 3. Other use. Adult uses - accessory not specifically cited shall comply with the intent of this section subject to the approval of the zoning administrator. c. Adult use - accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. Nonconforming adult use - principal or accessory. Adult uses which are classified as legal nonconforming uses may continue in accordance with the provisions of this chapter, except that any such nonconforming use shall be terminated and become illegal on and after January 31, 1992. To the extent possible, the city shall attempt to identify all such uses which become classified as nonconforming under the provisions of this subdivision and shall notify the property owners and operators of such uses in writing of the change in status and the terms and conditions which apply. The owner of any property on which an adult use is located may apply to the council for an extension of the termination date. Any such application shall be in writing and be received by the city no later than December 31, 1991. Failure to submit a timely extension application shall constitute a waiver of the right to request an extension. The council may grant such an extension if upon the council's determination, the applicant demonstrates that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the council may consider any factor relevant to the issue, including but not limited to: a. The degree or magnitude of threat to the public health, safety and general welfare posed by the secondary impacts of the operation. b. The length of time that the adult use has been operating. c. The ease by which the property could be converted to a conforming use. d. The nature and character of the surrounding neighborhood. e. The value and condition of the improvements on the property. f. The amount of the applicant's investment in the business. g. The amount of investment already realized. h. The cost of relocating the adult use. (C) Breweries and Distilleries (1) In B2 and B3 districts, production is limited to 15,000 barrels per year and must be accompanied by a taproom/cocktail room. (2) In 11 and 12, there is no production limit. (D) Commercial Indoor Recreation (1) In B1 district, the indoor space is limited to 2,000 square feet. (2) Indoor Shooting Ranges: All firearms not in use in firing range lanes/stalls shall be unloaded and properly cased at all times in accordance with Minnesota laws. (b) Controlled access to the shooting range shall be maintained at all times.