HomeMy WebLinkAbout1981 Ordinance No. 044.
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BY AUTHORITY
ORDINANCE NO. 44 COUNCIL BILL N0.44 ----SERIES OF 1981 INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING CHAPTER 22 OF THE COMPREHENSIVE ZONING ORDINANCE,
ORDINANCE NO. 26, SERIES OF 1963, OF THE CITY OF. ENGLEWOOD, RELATING
TO ADULT USES, ESTABLISHING ZONING LIMITATIONS ON THEIR LOCATION, AND
PROVIDING FOR THE TERMINATION OF NONCONFORMING USES AND DECLARING AN
EMERGENCY. WHEREAS, in recent months there has been a growing concern
on the part of public officials and residents of the City of
Englewood regarding the appearance of a blighting and degrading effect
upon certain neighborhoods of the City from the establishment of aex-
oriented adult uses in such neighborhoods; and
WHEREAS, the City Council has established, after long hearings
before the Englewood Planning Conunission where many members of the
residential and commercial conununity share, concerning the serious
degrading effect adult uses have on such conununities; and
WHEREAS, the Planning Conunission of the City of Englewood
recommended to the City Council a temporary ordinance limiting the
effect of adult uses on residential neighborhoods and commercial
areas of the City; and
WHEREAS, the City Council for the City of Englewood approved,
after public hearing, an ordinance temporarily limiting the pro-
liferation of adult uses; and
WHEREAS, the City Council for the City of Englewood has
instructed the Department of Community Development, the City
Attorney and other appropriate City departments to determine whether
and to what extent such adult uses tends to blight and degrade
neighborhoods in which they are situated; and
WHEREAS, in order to prevent the further concentration of
such adult uses and to protect the character of the City's neigh-
borhoods, the City Council seeks to disburse said uses and restrict
their location near residential neighborhoods; and
WHEREAS, there is a compelling interest of the City of
Englewood that a permanent adult use zoning ordinance be enacted
in order to preserve the public health, safety, general welfare
and peace by regulating adult uses in such manner as to prevent
their further concentration and the continual erosion of the
character of affected neighborhoods of the City. /\
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
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Section 1. Section 22.4-lOh., 22.4-llh., 22 ·.4-llh. (1) (b),
2 2.4-14f.l. of the official Code of the City of Englewood known
a s the Comprehensive Zoning Ordinance of 1963, Ordinance No. 26,
Series of 1963, are hereby amended to read as follows:
22.4-10
h. Condit i onal uses. Provided the public interest is
fully protected and the following uses are approved by the
Colllllisaion (§22.5-21 of the Comprehensive Zoning Ordinance):
1 . Adult Entertainment and/or Service Facility.
(a) No adult entertainment or service facility shall be
located on any site unless such site is not less than
the distance limitation as required by this section: '
Cl) 1,000 feet from the location of another such '\
adult entertainment or service facility; and
(2) 500 feet from the boundary line of any residential
district defined in the Comprehensive Zoning
Ordinance, Ordinance No. 26, Series of 1963, as
amended, including but not limited to R-1-A,
R-1-B, R-1-C, R-2, R-2-C, R-3, or R-4 or similar
residential zone district in an area adjoining
the City of Englewood, or any religious institution,
public park, public library, community center , or educational
Institution~ whether within or without the City of Englewood.
{b) Measurement of distances. All distances provided
herein shall be measured as follows:
(1) With respect to the distance between a location
for which an adult entertainment or service
facility is proposed and a location where such a
facility exists, the distance shall be measured
by following a straight line from the nearest
point of the property line of the proposed
licensed premises to the nearest point of the
property line of the existing licensed premises.
(2) With respect to the distance from the boundary line of
a residential district or any religious institution, public park,
public library, community center, or educational institution, the
distance shall be measured by following a straight line from
the nearest point of the property line of the ·proposed licensed
premises to the nearest point of the district boundary line;
or In the case of a religious Institution, public park, public
library, community center, or educational institution, the
distance shall be measured by following a straight line from the
nearest point of the property line of the proposed licensed
premises to the nearest point of the property line of a religious
Institution, public park, public library, community center, or
educational Institution.
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(3) Where the propoaea location of an adult entertain-
ment or service fac i lity is a vacant parcel of land
upon which no permit has been issued for the construc -
tion of a buildinq, all distances shall be measured
from the nearest point of the property line of the
land proposed as a location for an adult entertain-
ment o r service facility. Where the proposed loca-
tion of an adult entertainment or service facility
is a vacant parcel of land upon which a permit has
been issued for the construction of a permanent
buildinq for such use, all distances shall be measured
from the nearest point of the property line as shown
on the survey of such parcel of land.
22 .4-ll
h. Conditional uses. Provided the public interest is fully
protected and the following uses are approved by the Commission
(§2 2.5-21 of the Comprehensive Zoning Ordinance):
1 . Adult Entertainment and/or Service Facility.
(a ) No adult entertainment or service facility shall be
located on any site unless such site is not less than
the distance limitation as required by this section:
(1) 1,000 feet from the location of another such
adult entertainment or service facility1 and
(2) 500 feet from the boundary line of any residential
district defined in the Comprehensive zoning
Ordinance, Ordinance No. 26, Series of 1963, as
amended, including but not limited to R-1-A,
R-1-B, R-1-C, R-2, R-2-C, R-3, or R-4 or similar
residential zone district in an area adjoining
the City of Enqlewood, or any reliqious institution,
public park, public library, corrmunlty center, or educational
institution, whether within or without the City of Englewood.
(b)Measurcnent of distances. All distances provided herein
s~all be measured as follows:
(1) With respect to the distance between a location
for which an adult entertainment or service
facility is proposed and a location where such a
facility exists, the distance shall be measured
by following a straiqht line from the nearest
point of the property line of the proposed _
licensed premises to the nearest point of the
property line which ia the existing licensed
premises.
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(2) With respect to the distance from the boundary line of a
residential district or any religious institution, public
park, public library, community center, or educational
institution, the distance shall be measured by following a
straight line from the nearest point of the property line of
t he proposed licensed premises to the nearest point of the
district boundary line; or in the case of a religious institution,
pub lic park, public library, community center, or educational
institution, the distance shall be measured by following a
straight line from the nearest point of the property line of
the proposed licensed premises to the nearest point of the property
line of a religious institution, public park, public library,
community center, or educational institution.
(3) Where the proposed location of an adult entertain-
ment or service facility is a vacant parcel of land
upon which no permit has been issued for the construc-
tion of a building, all distances shall be measured
from the nearest point of the property line of the
land proposed as a location for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment or service facility
is a vacant parcel of land upon which a permit has
been issued for the conatruction of a permanent
building for such use, all distances shall be measured
from the nearest point of the property line as shown
on the survey of such parcel of land.
22.4 -13
h. (1)
(b) Adult Entertainment and/or Service Facility.
(1) No adult entertainment or service facility shall be
located on any site unless such site is not less than
the distance limitation as required by this section:
i. 1,000 feet from the location of another such
adult entertainment or service facility; and
ii. 500 feet from the boundary line of any residential
district defined in the Comprehensive Zoning
Ordinance, Ordinance No. 26, Series of 1963, as
amended, including but not limited to R-1-A,
R-1-B, R-1-C, R-2, R-2-C, R-3, or R-4 or similar
reaidential zone district in an area adjoining
the City of Englewood, or any religious institution,
public park, public library, conwnunlty center, or educa-
tional institution, whether within or without the City of
Englewood .
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(2) Measurement of dis tances. All distances provided
herein shall be measured as follows:
22.4-14
i. With re•pect to the di•tance between a location
for which ·an adult entertainment or aervice
facility is propoaed and a location where such a
facility exiats, the distance shall be measured
by following a •traight line from the nearest
point of the property line of the proposed
licensed premises to the nearest point of the
property line of the exiating licensed premises.
II. With respect to the distance from the boundary line
of a residential district or any religious Institution,
public park, public library, community center, or educa-
tional Institution, the distance shall be measured by
following a straight line from the nearest point of the
property line of the proposed licensed premises to the
nearest point of the district boundary line; or In the case
of a religious Institution, public park, public library, convn un ity
center, or educational Institution, the distance shall be measured
by following a straight line from the nearest point of ·the property
line of the proposed licensed premises to the nearest point of the
property line of a .religious Institution, public park, public
library, convnunlty center, or educational Institution.
iii, Where the proposed location of an adult entertain-
ment or service facility is a vacant parcel of land
upon which no permit ha• been issued for the construc-
tion of a building, all distance• shall be measured
from the nearest point of the property line of the
land proposed as a location for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment or service facility
is a vacant parcel of land upon which a permit has
been i••ued for the construction of a permanent
building for such use, all distances •hall be mea•ured
from the nearest point of the property line as shown
on the •urvey of such parcel of land.
f. Conditional uses. Provided the public interest is fully
protected and the following use is approved by the Commission:
(1 ) Uses
~it BmRp ~6ee-§iiT§-i6~T
(a) Adult Entertainment and/or Service Facility.
(1) No adult entertainment or service facility shall
be located on any site unless such site is not
less than the distance limitation as required
by this section:
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i. 1,000 feet f ~a m t he location of another such
adult entertainment or service facility; and
ii. 500 feet from the boundary line of any residential
district defined in the Comprehensive Zoninq
Ordinance, Ordinance No. 26, Series of 1963, as
amended, includinq but not limited to R-1-A,
R-1-B, R-1-C, R-2, R-2-C, R-3, or R-4 or similar
residential zone district in an area adjoining
the City of Enqlewood, or any r e liqious institution,
public par~ pub1ic 11brary, corimunity center, or educationaJ
institut·lon, whether within or without the Cit.y of Englewood.
(2) Measurement of distances. All distances provided
herein shall be measured as follows:
i. With respect to the distance between a location
for which an adult entertainment o r s ervice
facility is proposed and a location wh ere such a
facility exists, the distance shall be measured
by following a straight line from the n e arest
point of the property line of the p roposed
licensed premises to the nearest po i nt of t he
property line of the existing licensed premis es.
it. With respect to the distance from the bounda r y l in e of a
residential district or any religious Instit uti on, pu blic
park, public l i brary, community center, or ed uc ati ona J
institution, the distance shall be measured by f ol lowi ng a
straight line from the nearest point of the p roper ty li ne of
the proposed 1icensed premises to the nearest point o f the
district boundary line; or in the case of a religiou s institution,
public park, public library, community center, or educational
institution, the distance sha11 be measured by following a
straight line from the nearest point of the property line of
the proposed licensed premises to the nearest point of the
property ·line of a religious institution, public park, public
1 ibrary, community center, or educational institution.
iii.Where the proposed location of an adult entertain-
ment or service facility is a vacant parcel of land
upon which no permit has been issued for the construc-
tion of a building, all distances shall be measured
from the nearest point of the property line of the
land proposed as a location for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment or service facility
is a vacant parcel of land upon which a permit has
been issued for the construction of a permanent
building for such use, all distances shall be measured
from the nearest point of the property line as shown
on the survey of such parcel of land •
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(b) Dump (See 122.5-16).
Section 2. Section 22.6-ll of the official Code of tne City
of Englewood known as the Comprehensive Zoning Ordinance of
1963, Ordinance No. 26, Series of 1963, is hereby amended to
read as follows:
22.6-11. Nonconforming Uses Terminated Within l~O Days.
Within not more than 180 days from the effective date
of this ordinance, the right to maintain any of the
following uses shall terminate and such uses shall cease
to exist and shall no longer be operated or maintained,
unless an extension of the use is granted by the Planning
and Zoning Commission. The Planning and Zoning CollDllission
may extend the nonconforming use for a period of 180 days
upon a snowing of unnecessary ana sUbstantial nardship by
the person requesting the extension. The following uses
may be granted no more than three extensions and these
uses must terminate, at the latest, after the initial
180-day period and three extensions thereof •
(a) Adult entertainment or service facility. Noncon-
forming use of a building or structure for any
adult use or service facility.
(b) No adult entertainment or service facility which
is nonconforming shall increase its square footage
or intensify its usage of the premises.
Section 3. That Section 22.8 of the Comprehensive Zoning
Ordinance of the City of Englewood, Ordinance No. ~6, Series of
1963, is hereby amended by adding the following new definitions:
Adult Arcade means an establishment where, for any form of
consideration, one or more motion picture projectors, slide
projectors or similar machines, for viewing by five or
fewer persons each, are used to show films, motion pictures,
video cassettes, slides or other photographic reproductions
which are characterized by an emphasis upon the depiction
or description of "specified sexual activities" or
"specified anatomical areas."
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Adult bookstore means a place where books, magazines,
motion pictures, prints, photograph~, periodicals, record-
inqs, novelties and devices, or any of th••• things, which
have as their primary or dominant theme matter depicting,
illustrating, describing or relating to apecified aexual
activitie• are aold or offered for aale to adults and
includes a place with only a portion or aection of its
area set aside for the display or aale of such material
to adults, except that any place, otherwiae included within
this definition, that derive• not more than ten percent
of its groas incOlll9 from the aale of such material ahall
be exempt from th• proviaion• of thi• chapter so long as
such material i• kept in a location where it is not visible
and shall not be a aelf-aervice item for the customers of
such place.
Adult Cabaret mean• a nightclub, bar, restaurant or
similar eatili1iahmant which regularly feature• live
performance• which are characterised by the exposure
of •specified anatomical areaa• or by "specified
sexual ac~ivitiea,• or filma, JDOtion pictures, video
cassettes, alides or other photographic reproductions
which are characterized by an emphasis upon the depiction
or description of •specified sexual activities• or
"specified anatomical areaa.•
Adult daf!_ciE~stablish~~~ means a ~usiness t~at features
dancers di~~laying or e•posing specified anatowical areas.
Adult entertainment or service means an adult
o store, massage par or, a u motion picture booth,
adult motion picture theater, adult dancing eatabliabmant,
adult cabcret, or adult arcade.
Adult motion picture booth mean• an encloaed area within
an adUlt motion picture theater deaiqned or uaed for th•
viewing by one or two peraon• of aotion picture• which have
as tJieir primary or dominant theme matters depicting, illus-
trating or relating to apecifie4 aexual activities.
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Adult motion picture theater mean• an enclosed building, or
a portion or part of an enc1osed building, or an open-air
theater designed to permit viewing by patrons seated in
automobiles, used for presentin9 on a regular basis film
material which has a• ita primary or dominant theme matter•
depicting, illustrating or relating to specified sexual
activities for observation by adult patrons ther~of, and
includes any hotel or motel, boardinghouse, rooming ho~se
or other lodgeing for transient cuatomers which advertises
the presentation of such film material.
Comnunity Center means a building together with lawful accessory buildings and
uses used for recreational and cultural activities and not operated for profit
Membership may be restricted to those persona living in a specific geographi cal
area but shall not be based oo race or creed. Mas•at•· Any matllOCl o~ pressure on or friction against or
strok ng, kneading, rubbin9, tapping, pounding, vibrating
or stimulating of the external aoft parts of the body with
the hands or other part• of th• human body or with the aid
of any mechanical or electrical apparatus or appliance, ·
with or without auch aupple .. ntary aids as rubbing alcohol,
liniments, antiseptics, oil•, powder, creams, lotions,
ointments or other similar preparations uaed in this practice.
Massave earlor. Any eatabliahmant where any person, firm,
association or corporation engages in, carries on, or per-
mits to be engaged in or carried on· any massage as defined
herein. Massage establishments shall not include:
Cl) Physicians, surgeons, doctors, medical clinics
or persons licensed by the laws of the state
to practice medicine, aurgery, osteopathy,
chiropractic, and chiropody, their offices and
clinics, and all persons working in their
off ices and clinics under their supervision
and direction. · ·
(2) Hospital• and all persons employed by institu-
tions and establishments licensed by the state
as hospitals while performing their usual
duties within the hospital or institution so
licensed1
(3) Registered or licensed nurses performing
services in their uaual nursing duties;
(4) Beauticians and barber• duly licensed under
the laws of the state~ insofar aa their usual
and ordinary vocation and profeaaion, as
defined by the l•w• of th• state, are concerned;
(5) Massage practiced or inatructed in the athletic
department of any atat• accredited achool,
college, university or aeminary1
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(6) Trainers of any amateur, aemiprofessional or
professional athlete or athletic team, when
treating athletes;
' (7) Any bona fide athletic club which is not
engaged in the practice of rendering massages
to members of the general public for remunera-
tion. For the purposes of this Article, if
an athletic club does not receive more than
ten percent of its gross income from the .
practice of rendering massages to its members,
such shall be prima facie evidence that the
club is a bona fide athletic club.
Public Library means a library operated at a fixed location by a governmental
en t i ty open to the use of the general public.
Public Park means a park, playground, swimming pool, beach,
p!er, reservoir, golf course or athletic field under the
control, operation or management of a governmental entity.
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Specified Anatomical Areas as .used herein, shall mean and
include any of the following:
{l) Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus or female
breasts below a po!nt immediately above the top
of the areolae1 or
(2) Buman male genitals ~n a discernibly turgid
state,even if completely and opaquely covered.
Specified sexual activities means:
(l) human genitals in a state of sexual stimulation
or arousal1
(2) acts of human adamitism, analingus, bestiality,
cunnilingus, coprophilia, fellation, flagellation
frottage, masochism, masturbation, sadism,
sadomasochism, sexual intercourse, sodomy or
urolagnia1 and
(3) fondling or other erotic touching of human genitals,
pubic region, buttock or female breast •
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• Section 4 . PENAL'l1Y FOR VIOLA'.L1ION.
Violation of this ordinance is punishable by a fine or by
imprisonment, or by both fine and imprisonment as provided
in the Englewood Municipal Code of 1969, as amended. Each day
during any portion of which any violation of this ordinance is
conunitted, peL'"Initted or continued shall constitute a separate
offense.
Section S. EMERGENCY.
'l'he adoption of this ordinance is necessary for the preservation
of the public peace, health and safety and this ordinance shall
become effective upon its passage.
Section 6. SEVERABILITY.
If any provision or clause of this ordinance or the application
thereof to any person or circumstance is held to be unconstitu-
tional or otherwise invalid by any court of competent jurisdiction,
such invalidity shall not affect other ordinance provisions or
clauses or applications thereof which can be implemented without
the invalid provision, clause or application, and to this end the
provisions and clauses of this ordinance are declared ·to be sever~
able.
~ Introduced, read in full and passed on first reading on the 4th
~ day of Hay, 1981.
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Published as a Bill for an Ordinance on the 6th day of Hay, 1981.
Read in full and passed on final reading as amended on the 1st day
of June, 1981.
Published in full as amended as Ordinance No. 44, Series of 1981,
on the 3rd day of June, 1981.
on the
on the
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Read by title and passed on final reading as an emergency ordinance
3rd day of June, 1981.
/11 F"11 Published t; ticte as emergency Ordinance No. 44, Series of 1981,
10th day of June, 1981.
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• Se c tion 4 . PENAL'l'Y FOR VIOLA'I.1ION.
Vi olation of this ordinance is pWlishable by a fine or by
imp r isonment, or by both fine and imprisonment as provided
i n t h e Englewood Municipal Code of 1969, as amended. Each day
during any portion of which any violation of this ordinance is
conunitted, permitted or continued sha11 constitute a separate
o f f e n s e.
Section 5. EMERGENCY.
The adoption of this ordinance is necessary for the preservation
of the public peace, health and safety and this ordinance shall
become effective upon its passage.
Section 6. SEVERABILJ:TY.
I f any provision or clause of this ordinance or the application
thereof to any parson or circumstance is held to be unconstitu-
tional or otherwise invalid by any court of competent jurisdiction,
such invalidity shall not affect other ordinance provisions or
clauses or applications thereof which can be implemented without
the invalid provision, clause or application, and to this end the
provis i ons and clauses of this ordinance are declared ·to be sever~
able.
.... Introduced, read in full and passed on first reading on the 4th
~ day o f Hay , 1981.
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Published as a Bill for an Ordinance on the 6th day of Hay, 1981.
Read in fu11 and passed on Hna1 reading as amended on the 1st day
of Jun e , 1981.
Published in fu1 I as amended as Ordinance No. 44, Series of 1981
on the 3rd day of June, 1981.
on t he
on th e
ATTE ST:
ex
Read by title and passed on final reading as an emergency ordinance
3r d d n y of June, 1981.
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Published k; t t t as emergency Ordinance No. 44, Series of 1981,
10th day of June, 1981.
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I, Gary R. Higbee, ex officio City Clerk-Treasurer
of the City of Englewood, Colorado, do hereby certify that the
foregoing is a true, accurate and complete copy of a bill for
an ordinance, introduced, read in full and pasleion first read-
ing on the 4th day of May, 1981, published in full as a bill
for an ordinance on the 6th day of May, 1981, read in full
as amended as Ordinance No. 44, Series of 1981, on the 1st
day of June, 1981, published in full as amended as Ordinance
No. 44, Series of 1981, on the 3rd day of June, 1981, read
by title and passed on final reading as a~.'$~ency ordinance
on th e 3rd day of June, 1981, published e,r as emergency
Ordinance No. 44, Series of 1981, on the 10th day of June, 1981. ,...
Ce<J ~L -~
Gary R. Hi~ "'
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