HomeMy WebLinkAbout1981-06-03 (Special) Meeting Agenda•
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City Council Meeting -Special
Call -June 3, 1981
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NOTICE OF CALL BY THE MAYOR
FOR A SPECIAL SESSION OF THE CITY COUNCIL
WEDNESDAY, JUNE 3, 1981
6:00 P.M.
The City CoWlcil of the City of Englewood, Arapahoe County,
Colorado, is called to a special meeting at City Hall, 3400
South Elati Street, for the purpose of taking action by
Ordinance or other appropriate means, concerning the Ordinance
relating to adult uses, establishing zoning limitation on their
location, and providing for the termination of nonconforming uses.
3~!d:~
City Manager
AM/sb
The following
Englewood, do
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
of
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ORDINAN CE NO. 44
SERIES OF 19 8Y----
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BY AUTH ORI TY
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COUN CIL BI LL N0.44
INTRODU CED BY COU NCI L
MEMBER BRADSHAW
AN ORDI NAN CE AMENDING CHAPTER 22 OF THE COMPREHEN SIVE ZO NING ORDINA NCE ,
ORDINANCE NO. 26, SERIES OF 1963, OF THE CITY OF ENGLEWO OD, RELATING
TO ADULT USES, ESTABLISHING ZONING LIMITATIONS ON THEIR LOC ATION , AN D
PROVIDING FOR THE TERMINATION OF NONCONFORMING USES AND DECLARIN G AN
EMERGENCY.
WHEREAS, i n recent months there has been a growing c o nce r n
on the part of public officials and residents of the C i ty of
Englewood regarding the appearanc e of a blighting and d e grad i n g effect
upon certain neighborhoods of the City from the establishment of sex-
o r i ented adult uses in such neighborhoods; and
WHEREAS, the City Council has established, afte r long h earings
before the Englewood Planning Conunission where many members of the
residential and commercial conununity share, concerning the serious
degrading effec t adult uses have on such c onununities; and
WHEREAS, the Planning Conunission of the City of Englewood
reconunended to the City Council a temporary ordinance limiting the
effect of adult uses on residential neighborhoods and conunercial
areas of the City; and
WHEREAS, the City Council for the City of Englewood approved,
after public hearing, an ordinance temporarily limiting t he pro-
liferation of adult uses; and
WHEREAS, the City Coun c il for the City of Englewood has
instructed the Department of Community Developmen t, t he Ci ty
Attorney and other appropriate City departments to dete r mi n e wh e the r
and to what extent such adult uses tends to blight and d e grade
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 l o cation near residential ne ighborhoods; and
WHEREAS, there is a comp elling intere st of the City of
Englewood that a permanent adult use zoning ordinance be enacted
in order to preserve the publ ic 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
c haracter 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 l. Section 22.4-lOh., 22.4-llh ., 22.4-llh. ll) (b),
22.4-14f.l . of the official Code of the City of Englewood known
as th e Comprehensive Zoning Ordinance of 1963, Ordinance No . 26,
Series of 1963, are hereby amended to read as follows:
22.4 -10
h. Conditional uses. Provided the public interest is
fully protected and~ following u•es are approved by the
Co11111is•ion (§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 : ',
(1) 1,000 feet from the location of another such
adult entertainment or •ervice facility; and
(2) 500 feet frOlll 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, corrrn unity center, or educational
institution, whether withi n or without the Ci ty of Englewood .
(b) Measurement of distances. All distan c es 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
poi nt 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 1 ibrary, community center, or educational institution, the
distance shall be measured by following a straight 1 ine from
the nearest point of the property line of the proposed licensed
premises to the nearest point of the district boundary l ine;
or in the case of a religious institution, public park , public
library, corrrnunity 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 1 icensed
premises to the nearest point of the property line of a religious
institution, public park, public library, corrrnunlty center, or
educational Institution.
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(3) Where the propoaea location of an adult entertain-
ment or service fac ility 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
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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.
h. Conditional uses. Provided the public interest is fully
protected and the following uses are approved by the Commission
(§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:
(1) 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 1 ibrary, coITTTi unity center, or educational
institution, whether within or without the City of Englewood.
(b)Measurcnent of distances. All distances provided herein
stall b e 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 which is the existing licensed
premises.
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(2)
(3)
22.4-13
h. (1)
(b)
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Wi t h r e s p c t t o he dist an ce f r om the boundary line of a
r esi d ntia l d i t rict o r a ny r eligious in s titut ion , pu bli c
park, publi c li brary , COlllTlunity center, or education al
Ins tit u tion , the di s tance sha ll be measured by foll ow i ng a
s t ra i ght line f rom the nearest po i n t o f the property 1 ine o f
t he proposed 1 i c en sed premises to the nearest poi n t of t he
d is t ric t boundary line; or in the case o f a re l i gious in itutlon,
p ublic park, public library, corrmunity center , o r educat i on al
i ns titution, the distance shal 1 be measured by fo llowin g a
s traigh t 1 ine fr om the nearest point of the property line of
the proposed licensed premises to the nearest poi nt of the prop e rt y
1 ine of a religious institution, public park , publi c 1 i brary,
corrm unity center, or educational institution.
Where the propoaed 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 aa a location for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment or aervice 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.
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 sec tion :
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
residential zone district in an area adjoining
the City of Englewood, or any religious institution,
public park, public library, corrmunity center, or educa -
tional in s titution, wh et he r within or without the Ci ty of
Englewood.
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(2 ) M asuremen t of dis tances . All distances provided
herein shall be measured as follows:
22.4-14
i . With reepect to the dietance between a location
for which an adult entertainment or ••rvice
facility i• propoeed and a location where such a
facility exieta, the dietance 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 exieting licensed premises.
11. With respect to the distance from the boundary line
of a residential district or any religious Institution,
public park, public library, corrmunity 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, corrrn uni ty
center, or educational institution, the distance shall be measu red
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, publi c
library, co11111unlty 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.
f. Conditional uses. Provided the public interest is fully
protected and the following use is approved by the Commission:
(1) Uses
iit Btt111~ iSee-§iiT5-i6tT
(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 . l,000 feet f r~ 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 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 par~ public library , COr\Jllunity center, or educational
institution , whether within or without the City 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 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.
ii. With respect to the distance from the bounda ry tin P of a
residential district or any religious institution, p ublic
park, public library, community center, or educational
institution, the distance shall be measured by fol lowin g a
straight line from the nearest point of the prope rty li ne of
the proposed licensed premises to the nearest point of t he
district boundary line; or in the case of a religiou s institution,
public park, public library, community center, or edu c ati onal
institution, the distance shall be measured by fol lowing a
straight line from the nearest point of the property li ne 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 §2 2.5-1 6 ).
Section 2. Section 22.6-11 of the official Code of tne Ci ty
o f Englewood known as the Comprehensive Zoning Ordinance of
1 963, 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 sucn 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 Commission
may extend the nonconforming use for a period of 180 days
upon a showing of unnecessary ano suostantial nardship by
the person requesting the extension. The following uses
may be granted no more than tnree 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-
form i ng use of a building or structure for any
adult use or service facility.
(b) No adult entertainment or service facility whicn
is nonconforming shall increase its square footage
or intensify its usage of the premises.
Section 3. That Section 22.8 of tne Comprehensive Zoning
Ordinance of the Ci ty of Englewood, Ordinance No. ~6, Series of
1~63, is nereby 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 snow 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 .. an• a place where booka, magazines,
motion picturee, printe, photographs, periodicals, record-
ings, novelties and devicea, or any of theae things, which
have aa their primary or dominant theme matter depicting ,
illuetratin9, deacribin9 or relating to specified sexual
activiti•• are aold or offered for aale to adults and
includes a place with only a portion or section of its
area eet aside for the diaplay or •ale of such material
to adulte, except that any place, otherwise included within
thi• definition, that derive• not more than ten percent
of its gross income froa th• aale of such material ahall
be exempt from the proviaiona of this chapter so long as
such material ia 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 meana a nightclub, bar, restaurant or
similar establislun9nt which regularly features live
performances which are characterized by the exposure
of •specified anatomical areas• or by "specified
sexual ac~ivitiea,• or filme, motion pictures, video
cassettes, slides or other photographic reproductions
which are characterized by an emphasis upon the depiction
or description of •apecified sexual activities• or
"specified anatomical areas.•
Adult da1!_c:_i.E~stab~ish~E! means a business that features
danc<:lrli clisi.>l•(lr' .i.119 or 1=:xposi119 &>l?ccificd ana towic.:i.l areas.
Adult entertainment or service facility means an adult
bOok store, massage parlor, adult motion picture booth,
adult motion picture theater, adult dancing establishment,
adult cabcret, or adult arcade.
Adult motion picture booth means an enclosed area within
an adult motion picture theater designed or used for the
viewing by one or two persona of motion picture• which have
as their primary or dominant theme matters depicting, illus-
trating or relating to specified sexual activities.
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Adult motion picture theater means an ~nclosed building! or
a portion or part of an enclosed building, or an open-air
theater designed to permit viewing by patrons sea~ed in
autoJDObiles, used for presenting on a re~u la r basis film
material which has a• it• prilllary or dominant theme JDAtters
depicting, illustrating or relating to specified sexual
act i vities for observation by adult patrons thereof, and
includes any hotel or JDOtel, boardinghouse, ~ooming ho~se
or other lodgeing for transient customers which advertises
the presentation of such film material .
Conrnunity Cent er means a building together with lawful accessory bui l d i ng s and
uses use~ f or recreatio~al and cultural activit ies and nor operated fo r pro fit.
Membership may be rest ricted to those persona living in a speci fi c geograph ical
area but shall not be based og race or creed Massa~e. Any method ot pressure ori or friction agai nst or
stroking, kneading, rubbing, tapping, pounding, vibrating
or stimulating of the external soft parts of the body with
the hands or other part• of the human body or with the a i d
of any mechanical or electrical apparatus or appliance, ·
with or without such supplementary aids as rubbing alcohol,
linimElnts, antiseptics, oils, powder, creams, lotions,
ointments or other similar preparations used in this practic e.
Massa~e ~arlor. Any establishment 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:
(l) Physicians, surgeons, doctors, medical clinics
or persons licensed by the laws of the state
to practice medicine, surgery, osteopathy,
chiropractic, and chiropody, their offices and
clinics, and all persons working in their
off ices and clinics under their supervision
and direction. ·
(2) Hospitals 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
licensed;
(3) Registered or licensed nurses performing
services in their usual nursing duties;
(4) Beauticians and barbers duly licensed Wlder
the laws of the state, insofar as their usual
and ordinary vocation and profession, as
defined by the l•ws of the state, are concerned;
(5) Massage practiced or instructed in the athletic
department of any state accredited school,
college, university or seminary;
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(6) Trainer• of any amateur, aemipro feaaional or
profeaaional athlete or athletic team, when
treating athletea;
(7) Any bona fide athletic club which is not
engaged in the practice of rendering maaaages
to member• of the general public for remunera-
tion. Por th• purpoaea of this Article, if
an athletic club doea not receive more than
ten percent of ita 9ro•• income from the
practice of rendering maaaa9es to its members,
such shall be prima facie evidence that the
club ia a bona fide athletic club.
Public Library means a library operated at a fixed location by a governmental
e ntity open to the use of the general public.
Public Park means a park, playground, swimming pool, beach,
pier, reservoir, golf course or athletic field under the
control, operation or management of a governmental entity.
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 point immediately above the top
of the areolae; or
(2) Human 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
urolaqnia; and
(3) fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
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Section 4. PENALTY FOR VIOLATION.
Violation of thi• ordinance i• pwii•hable by a fine or by
impri•orull9nt, or by both fine and impri•onment a• provided
in the Englewood Municipal Code of 1969, a• amended. Each day
during any portion of which any violation of thi• ordinance is
committed, permitted or continued •hall con•titute a •eparate
offense.
Section 5. BMERGDICY.
The adoption of thi• ordinance i• nece•sary for the preservation
of th• public peace, health and aafety and this ordinance shall
become effective upon it• pa••a9e.
Section 6. SBVERABILITY.
If any proviaion or clauae of this ordinance or the application
thereof to any peraon or circuaatance i• held to be wiconstitu-
tional or othervi•• invalid by any court of competent jurisdiction,
such invalidity ahall not affect other ordinance provisions or
clause• or application• thereof which can be implemented without
the invalid provi•ion, clause or application, and to this end the
provisions and clause• of thi• ordinance are declared to be sever-
able.
Introduced, read in full and paased on first reading on
the 4th day of May, 1981.
Published as a Bill for an Ordinance on the 6th day of
May, 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 o f
1981, on the ··3rd day of June, 1981. . .
'f!,ui.d ~ ;td;&__, a.,,'Ui ~/JA..l.t:L />1 L~ A,l 4_du,~a4/~ .L./1/IA~-~ ./'ld.,,,_·,.,.t_,/..-?l-~'/)l Ot1 ~ dcJy g ju.. ..... v ' 1 4? 1.
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Treasurer fJA-f~~ ~~ ~ poLM~~~~
7zo . tt <f ,~ jl1f l, .flZ~ >tJ "Dld-'--Jff ~· i -t rf (
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of
Englewood, Colorado, hereby certify that the foregoing is a true, accurate and
complete copy of a bill for an ordinance, Introduced, read in full and passed
on first reading on the 4th day of May, 1981, published In full as a bi 11 for an
ordinance on the 6 th da y of May, 1981, read in full and passed on final reading
as amended on the 1st day of June, 1981, publ i shed
In full as amended as Ordinance No. 44, Ser ies of 1981, on the 3rd
day of June, 1981 .
Gary R. Higbee
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COMMERCIAL &. INDUSTRIAL AREAS IN WH ICH ADUL T EN TERT AINM ENT BUSINESSES
COULD !E PERMITTED UNDER THE 500 FOO T RUL E
CITY CM' .......... l
.. l"ARKS
• SCHOOLS & CHURCHU
• SUU-l"USLIC &l"UILIC FACILITIES
(D &00 1 FROM lt[SID[NTIAL AREAS
f~~q PERMITTED AREAS
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ORDINANCE NO. 44
SERIES OF 19BY----
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BY AUTHORITY
fA .f
COUNCIL BI LL N0.44
INTRODUCED BY COUNC IL
MEMBER BRADSHAW
AN ORDINANCE AMENDING CHAPTER 22 OF THE COMPREHENSIVE ZONING ORDI NANCE ,
ORDINANCE NO. 26, SERIES OF 1963, OF THE CITY OF ENGLEWO OD, RELAT ING
TO ADULT USES, ESTABLISHING ZONING LIMITATIONS ON THEIR LOCATION, AN D
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 sex-
oriented adult uses in such neighborhoods; and
WHEREAS, the City Council has established, after long hearings
before the Englewood Planning Commission where many members of the
residential and commercial community share, concerning the serious
degrading effect adult uses have on such communities; and
WHEREAS, the Planning Commission 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 -13h. (1) (b),
22.4 -1 4f .l . o f the official Code o f the Ci t y of Englewood known
as th e Comp r hen s ive Zoning Ordinance of 196 3 , Ordinance No. 26,
S er i es o f l 63, are hereby a.ended to read as follows:
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22.4 -0
h. Co nd i tional uses. Provided the public interest is
fully protected and the following uaea are approved by the
Coll'llliaaion (S22.5-2l of the Comprehenaive Zoning Ordinance):
l. Adult Entertainment and/or Service Facility.
(a) No adult entertainment or service facility shal l 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 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 institu~ion,
public park, public library, co11"111unity center, or educationa l
institution, whether withi n or without the City of En g lewood .
(b) Measurement of distances. All distan c es 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 o r an y religious institution, public park,
public library, community center, or educational institu tion , t he
distance shall be measured by following a straight line from
the nearest point of the property line of the propo sed licensed
premises to the nearest point of the district boundary line;
or in the case of a religious institution , public park , public
library, colT"ITlunit y 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, co11"111unity center, or
educational Institution .
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(3) Where the propose location of an adult entertain-
ment or service fac "l ity is a vacant parcel of land
upon which no pennit 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 aa a location for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment or service facility
2 2.4-ll
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 aa shown
on the survey of such parcel of land.
h. Conditional uses. Provided the public interest is full y
protec ted and the following uses are approved by the Conunission
(§2 2.5-21 of the Comprehensive Zoning Ordinance):
1 . Adult Entertainment and/or Service Facility.
(a) No adult entertainment or service facility shall b e
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 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, publi c libra r y , co 11111 unity center, or e d ucat i on al
institution, whether within or without the City of Englewood.
(b)Measurenent of distances. All distances provided herein
snail 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 which is the existing licensed
premises.
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(2) With r espect to the distance f rom the boundary line of a
residential distric t or any religious Ins t it ution, public
park, public library, COlmlunity center, or educational
ins titution, the di stance shall be measured by f ollowing a
s traight line from the nearest point of the property li ne of
the proposed I icensed premises to the nearest point of the
district bound ary I i ne; or in the c ase of a religious institution,
public pa rk, public libr ary, community center , or educati onal
Institu tion, the di s tance shall be me a sured by following a
s tra ight line from the nearest point of the property line of
the proposed licensed premises to the nea rest point of the property
line of a relig iou s institution, public park , publi c library,
community cen ter , 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 ha• 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 aa a location for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment or service facility
22.4-13
h. (1)
(b)
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.
Adult Entertainment and/or Service Facility.
(1) No adult enterta~nment or service f acility shall be
located on any site u nl ess such site is not less th an
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
residential zone district in an area adjoining
the City of Englewood, or any religious institution,
public park, public library, corrmunity center, or educa-
tional i nstit ution, whether within or without the City o f
En glewood.
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(2) Mea surement of dis ta nc e s . All distances provided
herein shall be measured as follows:
22.4-14
i. With reapect to the diatance between a location
for which an adult entertain11ent or aervice
facility i• propoaed and a location where such a
facility exiats, the diatance shall be 111eaaured
by following a atraight line from the nearest
point of the property line of the proposed
licenaed 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, camtunity center, or educa-
tional Institution, the distance shall be measured by
following a straight line from the nearest po in t of the
property line of the proposed licensed premises to the
nearest point of the district boundary line; or in the ca se
of a religious Institution, public park, public library, comm un ity
center, or educational institution, the distance shall be measu red
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, pub lic
library, 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 baa 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.
f. Conditional uses. Provided the public interest is fully
protected and the following use is approved by the Commission:
(1) Uses
~it Bttftlp ~6ee-§~~T5-i6tT
(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 c t he location of another such
adult entertai nme nt or service facility; and
i i . 500 feet from the bound ary 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 Enqlevood, or any r e ligious institution,
public par~ public lib ra r y , corimunit y c en t e r, o r educa tional
institution , whether within or without the Ci ty of Eng l e woo d.
(2) Measurement of d i stances. All distanc es provided
herein shall be measured as follows:
i. 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 n e arest
point of the property line of the proposed
licensed premises to the nearest point of the
property line of the existing licensed premi ses.
ii. With respect to the distance from the bounda r y l ine of a
residential district or any religious instit ution, public
park, public 1 ibrary, community center, or e ducationa l
institution, the distance shall be measured by f ol lowing a
straight line from the nearest point of the propert y li ne of
the proposed licensed premises to the neare s t point o f t he
district boundary line; or in the case of a r e ligious i nst i tut ion,
public park, public library, community cen ter , or ed uca ti on al
institution, the distance shall be measured by fol l ow i ng a
straight line from the nearest po in t of the propert y l in e of
the proposed licensed premises to the nearest point of t he
property line of a religious institution, public park , p ublic
library, communit y center, or educational inst i tu t i on .
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 52 2.5-16 ).
Section 2. Section 22.6-11 of the official Code of tne Ci ty
of Englewood known aa the Comprehensive Zoning Ordinance of
1963, Ordinance No. 26, Series of 1963, is hereby amended to
read aa follows:
22.6-11 . Nonconforming Uses Terminated Within l~O Days .
Within not more tnan 180 days from the effective date
of tnia ordinance, the right to maintain any of the
following uses shall terminate and sucn 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 Conunission
may extend the nonconforming use for a period of 180 days
upon a snowing of unnecessary ana sunstantial nardship by
the person requesting the extension. The following uses
may be granted no more than tnree 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 tne Comprehensive Zoning
Ordinance of tne City of Englewood, Ordinance No. i6, Series of
1~63, is nereby 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 macnines, 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 .. an• a place where booka, magazines,
motion pictures, printa, photo9rapha, periodicals, record-
ings, novelties and devices, or any of theae thinqs, which
have as their primary or dominant theme matter depicting,
illuatratin9, deacribing or relating to specified sexual
activiti•• are aold or offered for aale to adults and
includes a place with only a portion or section of its
area aet aaide for the display or aale of such material
to adulta, except that any place, otherwise included within
thia definition, that derive• not 11e>re than ten percent
of ita 9roaa incOlle from the ••l• of such material ahall
be exempt froa the proviaiona of thi• chapter so lonq as
such aaterial ia kept in a location where it is not visible
and shall not be a aelf-aervice item for the customer• of
such place.
Adult Cabaret .. an• a nightclub, bar, restaurant or
sl.JIU.lar eatibliahaent which regularly feature• live
perforaancea which are characterized by the exposure
of •specified anatOllical areaa• or by •specified
sexual ac~ivitiea,• or filaa, aotion pictures, video
caaaettea, alidea or other photographic reproduction•
which are characterized by an emphasis upon the depiction
or description of •specified aexual activities• or
•specified anatomical areaa.•
Adult dancinSLJ!_stabl!!!'~~.! means ~ ~usines& t~at feature&
dancer Ii <lia;;~lciy.iny or 1;:•posing spocl.fl.cd aua~ouu.c.:il areas.
Adult entertainment or service racility means an adult
bOok store, massage parlor, adult motion picture booth,
adult motion picture theater, adult dancing eatabliahment,
adult cabCret, or adult arcade.
Adult motion picture booth meana an enclosed area within
an adult motion picture theater desiqned or uaed for the
viewing by one or. two persons of motion pictures which have
as their primary or dominant theme matters depicting, illus-
trating or relating to specified sexual activities.
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Adult motion picture theater means an ~nclosed building! or
a port ion o r par t of a n enc!osed b uilding, or an open~air
theater des igned t o permit view ing by patron s sea~e d i n
automobiles, used for presenting on a re ~ula r b asi s film
material which has a• its priaary o r dominant t heme matters
depic t ing, illus trati ng or relat i ng to specified sex ual
activ i t ies for observation by ad\Ut pat rons ther ~of , and
inc ludes any hot el or mote l, boardingho use, :ooming house
or other lodgeing fo r t ran s ient custome rs which advertises
the presentation of such film materia l.
Corrmunity Center me a ns a b uil d ing t ogether wit h lawful accessory buildings an.1
uses use~ f or r ecrea t io~al an d cu lt u r al a c t ivi t ies and nof operated fo r profit .
Membership may be re s t ric t ed t o t hos e pe r sona li v in g in a specific geograph ica l
area b ut s hal l not be based og ra ce o r c r e ed Massa!ii. Any metbOd or: pressure ori or friction agai nst or
strok g, kneading, rubbing, tapping, pounding, vibrating
or stimulating of the external soft parts of the body wi th
the hand• or other part• of th• human body or with the a i d
of any mechanical or electrical apparatus or appliance , ·
with or without such supple .. ntary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions,
ointments or other similar preparations used in this practice .
Massa~e earlor. Any establishment where any person, f irm,
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:
(l} Physicians, surgeons, doctors, medical clinics
or persons licensed by the laws of the state
to practice medicine, surgery, osteopathy,
chiropractic, and chiropody, their offices and
clinics, and all persons working in their
off ices and clinics under their supervision
and direction. ·
(2) Hospitals 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
licensed;
(3) Registered or licensed nurses performing
services in their usual nursing duties;
(4) Beauticians and barbers d\UY licensed under
the laws of the state, insofar as their usual
and ordinary vocation and profession, as
defined by the l•w• of the atate, are concerned;
(5) Massage practiced or instructed in the athletic
department of any state accredited schOOl,
college, university or seminaryi
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(6) Trainers of any amateur, semiprofessional 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 th• purpo .. a of this Article, if
an athletic club does not receive more than
ten percent of ita groaa income from the
practice of rendering massages to its members,
such shall be pri.Jna facie evidence that the
club is a bona fide athletic club.
Public Library means a library operated at a fixed location by a governmental
entity open to the use of the general public.
Public Park means a park, playground, swimming pool, beach,
pier, reservoir, golf course or athletic field under the
control, operation or management of a governmental entity.
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 point immediately above the top
of the areolae1 or
(2) Human male genitals ~n a discernibly turgid
state,even if completely and opaquely covered.
Specified sexual activities means:
(1) human genitals in a state of sexual stimulation
or arousal;
(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'J:Y FOR VIOLA'l'I ON ,
Vio lation o f this ordinance i s punishable b y a fine or by
iwpi.-is omne nt, or by bot h fine and imprisonment as provide d
i n the Englewood Municipal Code of 1969, as amended. Each day
d uring any portion of which any violation of this ordinance is
cor.uni t t ed, permitted o r continued shall constitute a separate
o££e nsc .
Se c t ion 5. EMERGENCY.
The a doption o f this ordinance is necessary for the pre::oerv<ltion
of t he public peace, health and safety and this ordinance shall
b e come effective upon its passage.
Section 6. SEVERABILITY.
If any provision or clause of this ordinance or the application
thereof to any person or circumstance i• held to be unconstitu-
t ional or otherwise invalid by any court of competent jurisdiction,
s uch 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-
a b le .
lnlro du cc d, rea d i n r ull a nd pabscd on rir s l r cadin 9 on lhc 4Lh
da y of May, 1981.
Published as a Bill for an Ordinance on the 6th day of 8 May, 19 1.
Read in ful 1 and passed on final reading as amended on of June, 1981. the 1st day
t he
Publi s he d in full as amended as Ordinance No. 44, Series of 1981,
on 3rd da y of Jun e , 1981.
Read by titl e and passed on final reading on t he 3rd da y of Jun e , 1981. as an emergency ordinance
Published by title as emergency Ordinance No. 44, Series of 1981,
on th e 10th day of June, 1981 .
Mayor
ATT ES T :
e x officio City Clerk-Treasurer
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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 pas9r.lon 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 an emergency ordinance
on the 3rd day of June, 1981, published by title as emergency
Ordinance No. 44, Series of 1981, on the 10th day of June, 1981.
Gary R. Higbee
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COMME,.CIAL &. INDUSTRIAL AREAS IN WHICH ADULT E NTERTAIN MEN T BUSIN ESSES
COULD BE PERMITTED UNDER THE ~00 FOOT RULE
CITY CW ........ I
.. ~AltKI
• ICHOOLI & CHU"CHU
• llloU-~UILIC lt.~U8LIC FACILITIES
CT:] !1001 F"Olll "[SIO[NJIAL ""[AS m PERMITTED AREAS
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