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<br />1" > <br /> <br />ORDINANCE 90 - ~ <br /> <br />. <br /> <br />AN INTERIM ORDINANCE IMPOSING A MORATORIUM <br />ON ADULT ORIENTED LAND USES ON CERTAIN PROPERTY LOCATED <br />WITHIN THE CITY OF ELK RIVER <br /> <br />The City Council of the City of Elk River does ordain as <br /> <br />follows: <br /> <br />. <br /> <br />Section 1. Purpose. The City of Elk River is presently <br />conducting a planning study, identified as: "A Study for the <br />Location of Adult Oriented Land Uses" (the Study), for the <br />purpose of considering adoption and/or amendment of official <br />controls, as defined in Minnesota Statutes, Section 462.352, <br />Subd. 15, including Chapters IX (the zoning Ordinance) and X <br />(Building and Land Development) of the Elk River City Code. <br />In recognition of the documented secondary impacts "Adult <br />Oriented Land Uses" pose to the property values, minors, and <br />nearby sensitive land uses the City Council of the City of Elk <br />River does determine that prior to the completion and <br />implementation of the Study, interim regulations are <br />necessary. The official controls and amendments will <br />consider, among other things, appropriate land use regulations <br />relating to "Adult Oriented Land Uses" as defined below. The <br />Study will consider regulations of zoning districts for the <br />property identified as "Zoning Districts A1, R1a, R1b, R1c, <br />R2, R3, R4, PUD, C1, C2, C3, 11 and 12" as shown on the City <br />of Elk River Zoning Map, attached as Exhibit A to this <br />Ordinance. Therefore, in order to protect the planning <br />process and the health, safety and welfare of the citizens of <br />the City of Elk River, it is necessary and desirable to impose <br />the following moratorium pursuant to the authority granted by <br />Minnesota Statutes Section 462.355, Subd. 4. <br /> <br />Section 2. Definitions. <br /> <br />a. Adult Book Store - Any building or structure which <br />contains or is used for the display or sale of books, <br />magazines, movie films, still pictures and any and all other <br />written materials, photographic material, novelties, devices <br />and related sundry items, which are distinguished or <br />characterized by their emphasis on matters depicting, <br />describing or relating to "Specified Sexual Activities" or <br />"Specified Anatomical Areas", or an establishment with a <br />segment or section devoted to the sale or display of such <br />material. <br /> <br />b. Specified Sexual Activities - Specified Sexual <br />Activities shall mean: <br /> <br />(i) <br /> <br />Acts of human masturbation, sexual intercourse or <br />sodomy or any acts of bestiality. <br /> <br />. <br />