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HomeMy WebLinkAbout07428ORDINANCE NO. 7428 AN ORDINANCE REENACTING, WITH AMENDMENTS, CHAPTER 11 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ADULT ENTERTAINMENT USES, ADDING ADULT CABARETS AS AN ADULT ENTERTAINMENT USE, RESTRICTIONS RELATING TO LOCATION, ADVERTISING AND PUBLIC VIEW WITH ADDITIONAL OPERATIONAL RESTRICTIONS RELATING TO AGE AND HOURS OF OPERATION, PROVIDING PENALTIES FOR VIOLATION THEREOF, WITH RELATED CHANGES CLARIFYING PERMISSIBLE ADVERTISING AND DELETING PROVISION RELATING TO AMORTIZATION OF NOW CONFORMING USE WHEREAS, adult uses, including adult cabarets, produce adverse secondary effects. With respect to which, it is specifically found that: (1) The establishment of adult uses in business district which are immediately adjacent to and which serve residential neighborhoods has a deleterious effect on both the business and residential segments of the neighborhood, causing or contributing to blight and a downgrading of property values. (2) The establishment of more than two adult uses within one thousand (1,000) feet of each other has a deleterious effect on surrounding residential and business areas, and the fostering of such business within a close proximity tends to create a "skid row" atmosphere. (3) The location of several adult uses in the same neighborhood tends to attract an undesirable quantity and quality of transients who adversely affect property values, causes an increase in crime and encourages residents and businesses to move elsewhere. (4) Concern for and pride in the orderly planning and development of a neighborhood should be encouraged and fostered in those persons comprising residential and business segments of that neighborhood. (5) The regulations and limitations of adult uses within a B -4 business zone district and a BP business park zone district will avoid the deleterious effects of blight and devaluation of both business and residential property values resulting from the establishment of adult entertainment uses in a business district which is immediately adjacent to and which serves residential neighborhoods. (6) An increase in crime and associated social maladies tend to accompany, concentrate around, and be aggravated by adult uses including, but not limited to, an increase in the crimes of narcotics distribution and use, prostitution, pandering, violence against persons and property, disorderly conduct and in problems associated with the well -being of minors such as juvenile delinquency. (7) Adverse secondary effects can be caused by even one adult entertainment establishment in a neighborhood. WHEREAS, traditionally in the City, establishments similar in nature to adult cabarets are liquor licensed establishments and subject to state and local regulations. Such regulations constitute a comprehensive program of licensing, inspection and monitoring which generally make concern with respect to the existence of adverse secondary effects less substantial. WHEREAS, the City perceives the need to address the existence and risk of adverse secondary effects associated with adult cabarets which by their operational nature do not have a liquor license. WHEREAS, the restrictions as to location made applicable herein to adult uses, including adult cabarets, does further the City's interest in circumscribing the adverse secondary effects associated with such uses. WHEREAS, the restrictions with respect to advertisements and public view made applicable herein to adult uses, including adult cabarets, does further the City's interest in circumscribing the adverse secondary effects associated with such uses. WHEREAS, the restrictions as to hours of operation made applicable herein to adult cabarets does further the City's interest in circumscribing the adverse secondary effects associated with such use. WHEREAS, the restrictions as to age of occupants made applicable herein to adult cabarets does further the City's interest in circumscribing the adverse secondary effects associated with such use. Furthermore, youths under the age of eighteen should be protected from the potentially harmful consequences associated with such use, and the City has a legitimate interest in protecting the well -being of its youth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1. Chapter 11 of Title XVII of the Pueblo Municipal Code is reenacted with amendments to read as follows: CHAPTER 11 Adult Entertainment Uses Sec. 17 -11 -1. Purpose and intent. The regulations of this Chapter are adopted in furtherance of all of the public purposes of municipal zoning and planning, including but not limited to guiding the appropriate use and development of the City in a manner which will promote the public health, safety, morals and general welfare, and to meet the needs of the citizens of the City while maintaining the quality and character of the City and deterring the growth and spread of blight and crime. It is recognized that there are some uses commonly known as adult or adult entertainment uses which, because of their very nature, are recognized to have serious objectionable operational characteristics, particularly when such uses are located near residential areas or other inappropriate locations, or without sufficient showing that uses in a specified location will comply with the conditions and standards for the location or operation of such uses. Therefore special regulation of these objectionable adult uses is deemed necessary to insure that the adverse effects of such uses will not contribute to the blighting or downgrading of the City. Sec. 17 -11 -2. Findings and determinations. The City Council hereby finds and determines that: (1) The establishment of adult uses in business district which are immediately adjacent to and which serve residential neighborhoods has a deleterious effect on both the business and residential segments of the neighborhood, causing or contributing to blight and a downgrading of property values. (2) The establishment of more than two adult uses within one thousand (1,000) feet of each other has a deleterious effect on surrounding residential and business areas, and the fostering of such businesses within a close proximity tends to create a "skid row" atmosphere. (3) The location of several adult uses in the same neighborhood tends to attract an undesirable quantity and quality of transients who adversely affect property values, causes an increase in crime and encourages residents and businesses to move elsewhere. (4) Concern for and pride in the orderly planning and development of a neighborhood should be encouraged and fostered in those persons comprising residential and business segments of that neighborhood. (5) The regulations and limitations of adult uses within a B -4 business zone district and a BP business park zone district will avoid the deleterious effects of blight and devaluation of both business and residential property values resulting from the establishment of adult entertainment uses in a business district which is immediately adjacent to and which serves residential neighborhoods. An increase in crime and associated social maladies tend to accompany, concentrate around, and be aggravated by adult uses including, but not limited to, an increase in the crimes of narcotics distribution and use, prostitution, pandering, violence against persons and property, disorderly conduct and in problems associated with the well- being of minors such as juvenile delinquency. Adverse secondary effects can be caused by even one adult entertain -ment establishment in a neighborhood. Sec. 17 -11 -3. Adult entertainment uses, definitions. Adult entertainment is entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, customarily not open to the public at large generally, but only to one (1) or more classes of the public excluding any minor by reason of age as a prevailing practice. Adult entertainment uses includes without limitation the following: (1) Adult bookstore or gift shop is an establishment having as a substantial or significant portion of its stock in trade books, magazines and other periodicals or goods and items held for sale or lease which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or an establishment with a segment or section devoted to the sale or lease of such material. Adult cabaret is any establishment open to the public in which persons appear in a state of nudity for the purposes of entertaining the patrons of such establishment. Adult cabaret shall not include any establishment licensed under Articles 46, 47 and 48 of Title 12, Colorado Revised Statutes. Adult cabaret shall not apply to the presentation, showing, or performance of any play, drama or ballet in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise. [(2)](3)Adult hotel or motel is a building with accommodations used for the temporary occupancy of one (1) or more individuals and is an establishment wherein a substantial and significant portion of the materials presented are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by the individuals therein. [(3)](4)Adult photo studio is an establishment which, upon payment of a fee, provides photographic equipment or models, or both, for the purpose of photographing specified anatomical areas or specified sexual activities, as defined herein. [(4)](5) Adult theater is a theater wherein a substantial and significant portion of the materials presented are distinguished or characterized by an emphasis on acts or material depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein. [(5)](6) Specified anatomical areas is defined as: a. Less than completely and opaquely covered: (1) human genitals, pubic region, (2) buttocks or (3) female breast below a point above the top of the areola; or b. Human male genitals in a discernibly turgid state even if completely and opaquely covered. [(6)](7) Specified sexual activities means patently offensive acts, exhibitions, representations, depictions or descriptions of: a. Human genitals in a state of sexual stimulation or arousal; b. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; C. Intrusion, however slight, actual or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body; d. Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function, actual or simulated; or e. Flagellation, mutilation or torture, actual or simulated, in a sexual context. A person appears in a "state of nudity" when such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the person's pubic hair, anus, cleft of the buttocks, vulva or genitals. Sec. 17 -11-4. Regulations and development standards. (a) No adult entertainment use shall be located within five hundred (500) feet of the exterior boundary of any residential zone district, church, public or private school, child care center, public community center, park, fairgrounds, recreation center, publicly owned or maintained building opened for use to the general public[, or] No adult entertainment use shall be located within an area designated as an urban renewal project area pursuant to Section 31 -25 -107, C.R.S. (b) No adult entertainment use shall be located within one thousand (1,000) feet of any other adult entertainment use, whether such adult entertainment use is within or without the City. (c) The method of measurement for the five - hundred -foot and one- thousand- foot restrictions shall be computed by direct measurement from the exterior boundary of the residential zone district or from the nearest property line of the property upon which a use described in Subsection (a) above or other adult entertainment use is conducted, to the nearest property line of the property whereon the building in which an adult entertainment use is to occur. (d) Advertisements, displays or other promotional material depicting adult entertainment uses shall not be shown or exhibited to be visible to the public, from pedestrian sidewalks or walkways, or from other areas, public or semipublic. The use of the name of the establishment or any of the following phrases: (1) "Adult Bookstores," (2) "Adult Gift Shop," (3) "Adult Hotel," (4) "Adult Motel," (5) "Adult Photo Studio," (6) "Adult Theater," or (7) "Adult Cabaret" shall not constitute material depicting adult entertainment uses. (e) All building openings, entries and windows shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic areas; and for new construction, the building shall also be oriented so as to minimize any possibility of viewing the interior from public or semipublic areas. Sec. 17 -11 -5. Permitted zone district. Except as restricted or limited by Section 17 -11 -4, adult entertainment uses shall be permitted as a use by right in all B -4 zone districts and BP zone districts provided that the adult entertainment use complies with the regulations of this Chapter and the B -4 zone district or the BP zone district, as applicable Sec. 17 -11 -6. Nonconforming use regulations. Any adult entertainment use [existing upon passage of the ordinance codified herein, and] located within the prohibited distances or areas as herein set forth or in a zone district other than a B -4 zone district or a BP zone district which use at such location was lawful before this Chapter was passed or amended, is deemed to be a nonconforming use. A nonconforming use, as defined herein, shall be neither increased, enlarged, expanded, extended nor altered. [An adult entertainment use having the longest continuous operation shall have precedence over uses subsequent in time or duration. A nonconforming use located within one thousand (1,000) feet of another adult entertainment use will be permitted to continue until it is terminated as hereinafter provided, unless sooner terminated voluntarily. By amortization, the right to maintain a nonconforming use located within one thousand (1,000) feet of another adult entertainment use shall terminate and become unlawful in accordance with the following schedule: Value $0 to $5,000 $5,001 to $15,000 $15,001 to $25,000 $25,000 or more Termination Period 1 year 2 years 3 years 4 years Value is hereby defined to mean the fair market value of the lease for the building or part thereof within which such nonconforming adult entertainment use is conducted as of the date such use becomes nonconforming, or if no such lease exists, the value of an assumed lease for such building or part thereof for a term not to exceed three (3) years, plus the amounts expended for equipment, business fixtures and improvements made to such building with respect to such use, but excluding the fair market value of such building and any value of the business or profits of the business conducted therein.] Sec. 17 -11 -7. Additional operational regulations. (a) An adult cabaret may only be open between the hours of 2:00 p.m. to 12:00 midnight. No person under eighteen years of age shall be admitted into or be on the premises when the adult cabaret is open for business. Sec. 17 -11 -8. Violations and penalties. (a) The enforcement and penalty provisions of Chapter 7 of this Title are applicable to this Chapter. Any person violating any provisions of this Chapter shall be punished by a fine of not more than three hundred dollars ($300.00) or imprisonment for a term not exceeding ninety (90) days or by both such fine and imprisonment. SECTION 2 In the event any section, subsection, clause, phrase or portion of this Ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this Ordinance. It is the legislative intent of the City Council that this Ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made. SECTION 3 This Ordinance shall take effect on the tenth day following its passage. INTRODUCED December 12, 2005 BY Michael Occhiato Councilperson APPROVED: PRESMENT 9F CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED December 27, 2005 Ak MaNkmagEr Background Paper for Proposed ORDINANCE /-) 42E AGENDA ITEM # Substituted Copy December 19, 2005 DATE: December 12, 2005 DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENTMIM MUNCH LAND USE ADMINISTRATIONMERRY M. PACHECO TITLE AN ORDINANCE REENACTING, WITH AMENDMENTS, CHAPTER 11 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ADULT ENTERTAINMENT USES, ADDING ADULT CABARETS AS AN ADULT ENTERTAINMENT USE, RESTRICTIONS RELATING TO LOCATION, ADVERTISING AND PUBLIC VIEW WITH ADDITIONAL OPERATIONAL RESTRICTIONS RELATING TO AGE AND HOURS OF OPERATION, PROVIDING PENALITIES FOR VIOLATION THEREOF, WITH RELATED CHANGES CLARIFYING PERMISSIBLE ADVERTISING AND DELETING PROVISION RELATING TO AMORTIZATION OF NONCONFORMING USE ISSUE Shall the proposed Ordinance which reenacts, with amendments, Chapter 11 of Title XVII of the Pueblo Municipal Code be passed and approved? RECOMMENDATION The Planning and Zoning Commission, at their regular meeting on December 14, 2005, voted 5-0 to recommend approval of the proposed Ordinance with the following amendment to Section 17- 11 -7(a) of the proposed ordinance: An adult cabaret may be open between the hours of 2:00 p.m. to 12:00 midnight. The nature of the proposed test amendment is to expand the application of Adult Entertainment to include Adult Cabarets, i.e. non - licensed liquor, nude dancing establishments. The Ordinance also expands locational restrictions for all adult entertainment uses to include the BP, Business Park District, and includes various provisions deemed necessary for appropriate applications. FINANCIAL IMPACT None.