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HomeMy WebLinkAbout2008-13 I acknowledge the accuracy of the May 24 Ordinance No. 13, Series of 2008, publication. ill, '�,JLILI �a1' Planning ell �, 11?)e4V,vier � G�cV12 put* men and k 1: WMI 06.11t P CRIOED h9WILAMN AME 12-M rAVY SERVICE DISTRICT, CKA R, on the public hearth, safety and wehre; and advefse secondary offects Include kwee"—ed faaMAWafts at Pertain OK'"w, h>cludin8 P arm, theft, IoReringrldaring and public intoxication, the spr*ad of sexualty trq pNp9rIy,v&WeaWsurraundng`Prow* =g Tant0*tl==arxt g adverse secondary aftateclacur most often In the men Immediately surrounding such 'own Cound, in sindeftfils ordinance, ex relies on the findings of the 101h Cir- was In Z,J._Gft W, LLG. v. City of AurorsWnd-883,(19th Cir. 1998). reversed on 341 F ' 3d 1220 (10th Cit. 2W, reversed at 541 U.S. 774'(2004), and Essence, Inc. v. 9", 285 F.3d 1272 (10th (3r.2002), concerning the adverse secorklary,effectsoI sex-, tresses on communities In 0,,hed. and elsewhere; aril 'own Council, inensuing this 'ordinance, e)prenlytoko thilifind of the United I C= 425:M, sntort v. Court in CA I Los Angeles Y. Alameda Boo Inc_626 jrrv.% ft., 475Z.OS. 4 mid Boos v. Barry. the ad- Afects of sexualty lbusW*sses on surroWdrig areas; and juos the adverse secondary effects caused by sexually oriented business" In the Town, deems It appropriate and necessary to amend its current regulations and to adopt new WaRy oriented wsinasses_ ME, HE ITi I OR I DAINED'BY THE TOWN COUNCIL OF THE tOWN OF IIAIIL� Mo. usmerlded as follo"', milmiih* *I ".iduft store, 0"' 0 n 4w a bwoohn Iftit wtwm a ""Mftd p- -_:r, Illeenioed 11 "M State of CrAw 6i heriby amended as fol k. I"koarldllion al fliedsub ., subjectsubjectto "M FNW"**� A '.ham "PP "Z M00% �N W I acknowledge the accuracy of the June 7, 2008 publication of Ordinance No. 13, Series of 2008. A/vt �. Matt Mire, Tow ttomey THE VAIL DAILY 970.949.0555 vaildaily.com Saturday, June 7, 2008 C33 ORDINANCE NO. 14 the World Wine Wab than through Iraditian al SERIES 2006 WHEREAS, the meTbers of the Town Councii of newspapers; antl Town (d; "Council') have been tluy elected (th gown AN ORDINANCE AMENDING TITLE 1, CHAP- and end WHEREAS, the provisions of this ordinance pro - TER 3, SECTION 2 OF THE VAIL TOWN CODE BY THE ADDITION OF THE DEFINITION OF THE WHEREAS. Section 4.10 of the Charter require. vide for the greatest dissemination of rit—oh., to the citumne of me Town regarding matters of pub - WORD "PUBLICATION"; AND SETTING FORTH publication of ordinances upon their introduction is concern; and DETAILS IN REGARD THERETO. and adoption; and WHEREAS. the Council considers it in the interest WHEREAS, the I own of Vail, in the County of Ea- WHEREAS, the Charter does not define what is of the public health, salirl and welfare to adopt gle and State of Colorado (the "Town"). is a home required by'publiceticn;' and this amendment to the Vag Town Code. rule municipal corporation duly organized and ex- Isting under laws of the State of Colorado and the WHEREAS, the Council understands that more Town Charter (the 'Chatter"). and and more citizens are mc.iving information through NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 13 SERIES OF 2009 i1—'.Title '. Chapter 3: Section 2 of the Vail own Cade is hereby amended by the aaditfan of AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2. DEFINI- the definition of the wold P.fi lks ion" which shall TIONS, ARTICLE 12-7G, HEAVY SERVICE DISTRICT, CHAPTER 12-14. SUPPLEMENTAL REGULA- TONS, AND CHAPTER 12-16, CONDITIONAL USE PERMITS, VAIL TOWN CODE, TO ALLOW FOR read as follows: SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE HEAVY SERVICE DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. Publication.publishor Farthe purposes of the Charter and this code, except where WHEREAS, on May 12, 2008, the Planning antl Environmental Commission of the Town of Vail hold a public heanng and reviewed and forwardetl a ram mandation of approval far the proposed text amend- ments to the o ing Regulations to the Vail Town Council in accordance with the procedures and craene flntl Is outlined in Chapter 12.3 of the Zoning Regulations of the Town of Vail: and, WHEREAS, the Town Council finds and determines that sexually oriented bualnas$aa produce adversesecondary ¢fists on the public health. ..tMY and weftam and WHEREAS, auch adveme secondary effects include increased rates of certain crimes. including P11111u- Ilan, robbery, assault, theft, lottenng, pe nderng and public mtoxicetion, the spread of sexually it namded diseases, the debasement at both men and women, a decrease In property values for surrounding proper ties, and miss. parking and traffic problems, end WHEREAS, such adverse secondary effects occur most often In the areas Immediately surrounding such businesses; and WHEREAS, the Town Council, In enacting this ordinance, expresslyy relies on the findinggs of the loth Cir- cuit Court of Appoals in Z.J. Gift, D-2, LLC v. City of Aurora. 136 F.3tl 883 (tOth Cir. t998), rev.rsod on other g ounda at 311 F.3d 1220 (t Oth Cit. 2002). revereeof et 54:. U.S. 774 (2C04), and Essence, iha. v. Cit1yy o Fact at Height, 285 F,3d 1272 (10th Ca. 2002), concerning the emorse secondary effects of aex- ualy oriented businesses on communibows in Colorado and eleawher*: and WHEREAS, the Town Council, In enacting this ordinance. exproil relies on the findings of the United Slates Bup ems Courtin Ctty of Los Angeles v. Alameda Books, inc., 595 U,S. 425 (2002), Renton v. Playtime Theatma, Inc., 475 U.S. 41 (1986), and Boos v. Berry, 405 U.S. 312 (1988), concerning the ad- Veme secondary ¢Beds of sexually oriented businesses an s...undin99 areas: and WHEREAS, to reduce the adverse secondary egects caused by sezualry orients! buslnNses in the Town. the Town Council deems it appropriate and necessary to amend is current regulations and to adopt new regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO- RADO, THAT: Section I.Seation 12-2-2, Vail Town Code, is hereby amended as follows: SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion pic- ture theater or aduh theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. Section 2.Section 12-7G.4, Vail 'I own Code, is noreby amended as follows: 12-7G.3: CONDITIONAL USES. The rollawinq contlitlonal uses shall be parmittetl, Subject to Issuance of a conditional use permit In acwrdance with the provisions of chapter 16 of this title: Animal no pilots and dog Immi.h. Automow: service .tenons. Building materials stores. Business offices. Commercial laundry and cleaning s...... Carporetion yams. Machine shops. Motor vehicle sales and services. Repargaragea. Repair shops. Seasonal plant product business. Sexually Oriented BusI...... Ski Igta and tows, and accessory dwelling unit for service personnel. Tire sales and services. including retreading and recapping. Transporation businesses. Trucking terminals and truck $arvice stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this $action in accordance with the provisions of Section 12-3.4 of this title. Sec> L�Section 12-16-7, Vail Town Code, is hereby amended to add now Section 12-18-7A-16. Vail Town title, t0 read aS follow.: 12-1&7: USE SPECIFIC CRITERIA AND STANDARDS' The Ieliowing criteria and standard, anal) be applicable to the uses listed below in consideration of a conditional use permit. The.. criteria and standards shall be in addition to the criteria and findings required by section 12-18-8 of this chapter. A. Uses And Criteria: 12-16-7A-18: Sexually oriented businesses. 1,Sexu.11y oriented businesses shall he located a minimum of five hundred feet from any: ..Religious Institution b.Public park c. Library d.State,4icensed day care facility; e.School or educational facility serving persons under eighteen years of age; or i.Any other sexually oriented business. 2.Tho distance between any two sexually oriented businesses shall be measured in a straight Ifne, without regard to intervening structures, from the closest exterior structurel wall of each business. Dfaten.. between any sexually oriented business and any religious institution, school or public park shelf be measured in a straight line, without regard to intervening structures. from the nearest portion o! the structure used for the sexuallyorieted business to the nearest property line of the religious ins boundary of the public park. 3.5exually explicit advertisements or other promotional displays for sexually oriented businesses that are harmful to miner. shall not be visible to minor* from pedestrian ways, walkways or other public areas. 4.Sexually oriented businesses shall obtain a license pursuant to Title 4, Busines. and License ReguMtlohe Veil Thom Cods, ea a condltlon of appraise for a wndttlonef uses permit. Section 4,if any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be inva id such dri shall not o8ect Ina vaI. of the remaining pon:0. of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, $action, .ubsection, sentence, `I"" or phrase thereof, regartllesa of the fact that any one or more parts, sections, subsections, nt mm., clauses or phnssee ba tlaclared invalid. Sectdn S.The Town Council hereby fintls, determines and declarae that this ordinance is necessary and proper for the health, satiety and welfare of the Town or Veil and the Inhabitants thereof. Pubgshetl:publication In a newspaper is speceical- ly required by the Charter, an Ordinance or stale refute, the term fpublfcatlon"publish" or "pub- liahetl" shall mean a minimum two (2j of the fol- lowing Ora. (3) methods: (1) Posting on the Town's Web Ida; (2) Physical posting et the Town of Veil Municipal BBuilding: or (3) Publication in a newspaper of general circulation in the Town. 55aaccj�11oo..D� R.�11 any part. section, subsection, sen- te CW or phrase of this ordinance is far any reason held to be invalid, such decision shall not effect the va0d" of the remaining portions of this ardimmi a; and in. Town Council herby declares 4 would nave passatl this ordinance. and each part, ...rich. subsection. sentence, clause or phrase thereof, regardless of the fact that any one or more parts. seccn. trubtur hens, samence., clauses or phrases be declared :m Ixf ction 3.Th. amendment of any Provision of the own *do as provded In this ordinance shall not .fist any right which has accrued, any d ury im- posed, any vmlalion that occurred prior to the ef- fective date hereof, any prosecution commenced. nor any other acldn or proceeding as commencetl under or by virtue o1 the provision ...nd.d. The amendment of any provision hereby shall not re- vivs any provision ar arry ondmanco previously ro- paalad or superseded unless expressly stated Main. Bischoff g.All bylaws, orders, resolutions and ordi- nances, or parts thereof, inconsistent herewith are to led to the extent ony of such Inconsistency. This repealer shall not be construed to revise any bylaw. Omer, resolution or ordinance: or part thers- at, heretofore repealed. Seeeon 5.1he Council hereby finds, determines and declares the' this Ordinance is ne.... ry and proper tar the health, eatery end welfare of the Town of Vail and the inhatrgants thereof. INTRODUCED, READ ON FIRST READING. AP- PROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd do of June, 2008 end a public hearing for second reading of this Ordinance set for the 177h day of June, 200It. In the Council the mbers of the Vaii Municipal Building, Vag, Colorado. Richard Cleveland, Town Mayor Ansel: Lorelei Donaldson. Town Clerk Published in the Val Daily June 7, 2008. (1868445) We're faced with a substantial pile of the "stuff" that we may neither want or need anymore. But rather than have it all end up in the landfill, there's a few things that we can do to help out the environment. Try to avoid throwing chemicals and items such as batteries into the trash. They should all go to a toxic waste depot. C'HFVY TA14OF 9fM I acknowledge the accuracy of the May 24 Ordinance No. 13, Series of 2008, publication. att Mires Town AAtorne .;11, ChIm'-of Flaiiiiiiig C536 Saturday, May 24, 2008 THE VAIL DAILY 970.949.0555 s;uy.colT1 3 ORDINANCE NO.13 SERIES OF 211g6 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2, DEFINI- TIONS, ARTICLE 12-7G, HEAVY SERVICE DISTRICT, CHAPTER 12-14, SUPPLEMENTAL REGULA- TIONS, AND CHAPTER 12-16, CONDITIONAL USE PERMITS, VAIL TOWN CODE, TO ALLOW FOR SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE HEAVY SERVICE DISTRIC AND SETTING FORTH DETAILS IN REGARD THERETO. T, WHEREAS, on May 12, 2008, the Planning and Environmental Commission of the Town of Vail held a Public hearing and reviewed and forwarded a recommendation of approval for the proposed text amend- ments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare; and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitu- tion, robbery, assault, theft, loitering, pandering and public intoxication, the spread of sexually transmitted ceases, the debasement of both men and women, a decrease in property values for surrounding proper - es, and noise, parking and traffic problems; and WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, is Court of Appeals pin Z.J Council, D 2, LLCiv. Citylof Aurora,pTssly 136 F 3d relies683 (10th fCird.11998), s of the Cuitreversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), concerning the adverse secondary effects of sex- ually oriented businesses on Communities in Colorado and elsewhere; and WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485 U.S. 312 (1988), concerning the ad- verse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Town Council deems it appropriate and necessary to amend its current regulations and to adopt new regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO- RADO,THAT: Section 1.Section 12-2-2, Vail Town Code. is hereby amended as follows: SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion pic- ture theater or adult theater, except an establishment where a medical practitioner, psychologist, Psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. Section 2.Section 12-7G-3, Vail Town Code, is hereby amended as follows: 7G-3: CONDITIONAL USES: ne following conditional uses shalt be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service Stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional Commercial services determined to be similar to the conditional uses set out in this section in ORDINANCE NO.13 SERIES OF 211g6 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2, DEFINI- TIONS, ARTICLE 12-7G, HEAVY SERVICE DISTRICT, CHAPTER 12-14, SUPPLEMENTAL REGULA- TIONS, AND CHAPTER 12-16, CONDITIONAL USE PERMITS, VAIL TOWN CODE, TO ALLOW FOR SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE HEAVY SERVICE DISTRIC AND SETTING FORTH DETAILS IN REGARD THERETO. T, WHEREAS, on May 12, 2008, the Planning and Environmental Commission of the Town of Vail held a Public hearing and reviewed and forwarded a recommendation of approval for the proposed text amend- ments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare; and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitu- tion, robbery, assault, theft, loitering, pandering and public intoxication, the spread of sexually transmitted ceases, the debasement of both men and women, a decrease in property values for surrounding proper - es, and noise, parking and traffic problems; and WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, is Court of Appeals pin Z.J Council, D 2, LLCiv. Citylof Aurora,pTssly 136 F 3d relies683 (10th fCird.11998), s of the Cuitreversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), concerning the adverse secondary effects of sex- ually oriented businesses on Communities in Colorado and elsewhere; and WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485 U.S. 312 (1988), concerning the ad- verse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Town Council deems it appropriate and necessary to amend its current regulations and to adopt new regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO- RADO,THAT: Section 1.Section 12-2-2, Vail Town Code. is hereby amended as follows: SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion pic- ture theater or adult theater, except an establishment where a medical practitioner, psychologist, Psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. Section 2.Section 12-7G-3, Vail Town Code, is hereby amended as follows: 7G-3: CONDITIONAL USES: ne following conditional uses shalt be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service Stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional Commercial services determined to be similar to the conditional uses set out in this section in Section 3.Section 12-16-7, Vail Town Code, is hereby amended to add new Section 12-16-7A-16, Vail Town Code, to read as follows: 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 12-16.7A-16: Sexually oriented businesses. ' 1.Sexually oriented businesses shall be located a minimum of five hundred feet from any: a.Religious institution b.Public park c. Library d.State-licensed day care facility; .School or educational facility serving persons under eighteen years of age; or .Any other sexually oriented business. 2.The distance between any two sexually oriented businesses shall be measured in a straight line, ,hout regard to intervening structures, from the closest exterior structural wall of each business. uistance between any sexually oriented business and any religious institution, school or public park shall be measured in a straight line, without regard to intervening structures, from the nearest portion of the structure used for the sexually oriented business to the nearest property line of the religious institution or school, or the nearest boundary of the public park. 3.Sexually explicit advertisements or other promotional displays for sexually oriented businesses that are harmful to minors shall not be visible to minors from pedestrian ways, walkways or other public areas. 4.Sexually oriented businesses shall obtain a license pursuant to Titre 4, Business and License Regulations, Vail Town Code, as a condition of approval for a conditional use permit. pection 4.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason neld to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5.The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6.The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue , ! the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of May, 2008 and a public hearing for second reading of this Ordi- nance set for the 3rd day of June, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Col- orado. Richard D. Cleveland, Mayor Attest: 4orelei Donaldson, Town Clerk Published in the Vail Daily May 24, 2008. (1591363) INFO! Leads to more qualified applicants. Use tele-interview to conduct automated voice interviews with prospective employees. You record your questions, we record their answers. Vafl MY I acknowledge the accuracy of the May 24 Ordinance No. 13, Series of 2008, publication. m,. att MirkTown c cirittuf rlaii.-a ag Ilc4c ke I Fn---eje) ?)t4 V, ,zr Z d36 Saturday, May 24, 2008 .. Ph � d af", ORDINANCE NO. 13 SERIES OF 2008 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2, DEFINI- TIONS, ARTICLE 12-70, HEAVY SERVICE DISTRICT, CHAPTER 12-14, SUPPLEMENTAL REGULA- TIONS, AND CHAPTER 12.16, CONDITIONAL USE PERMITS, VAIL TOWN CODE, TO ALLOW FOR SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE HEAVY SERVICE DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on May 12, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amend- ments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail, and, WHEREAS, the Town Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare; and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitu- tion, robbery, assault, theft, loitenng, pandering and public intoxication, the spread of sexually transmitted ceases, the debasement of both men and women, a decrease in property values for surrounding proper - es, and noise, parking and traffic problems; and WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, the Town Council, in enacting this ordinance, expr sslyy relies on the findings of the I11h Ca- cuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurom, 6 F.3d 683 (loth Cir. 1998), reversed on other grounds at 311 F.3tl 1220 (10th Cir 2002), reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Fetleral Heights, 285 F.3d 1272 (10[h Cir. 2002), con ceming the adverse secondary effects of sex- ually or, mad businesses on communities in Colorado and elsewhere; and WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the findings M the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1966), and Boos v. Barry, 485 U.S. 312 (1988), concerning the ad- verse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secontlary effects caused by sexually oriented businesses in the Town, the Town Council deems it appropriate and necessary to amend its current regulations and to adopt new regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO- RADO.THAT: Sectim 1.Section 124.2, Vail Town Code, is hereby amended as follows: SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion pic- ture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensetl by the State of Colorado engages in approved and recognized or therapy. Section 2.Section 12-7G-3, Vail Town Code, is hereby amended as follows .A?-7G-3: GONDITIONAL USES. ne following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations Building materials stores Business offices. Commercial laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in THE VAIL DAILY 970.949.0555 vaildaily.com �� Real Estate of Ads egals