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Home My WebLink About2008-13 an Ordinance for Prescribed Regulation Amendments to Chapter 12-2 Definitions, Article 12-7G Heavy Service District, Chapter 12-14 Supplemental Regulations and Chapter 12-16 Conditional Use Permits for Sexually Oriented Businesses ORDINANCE NO. 13 SERIES OF 2008 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2, DEFINITIONS, ARTICLE 12-7G, HEAVY SERVICE DISTRICT, CHAPTER 12-14, SUPPLEMENTAL REGULATIONS, 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 amendments 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 prostitution, robbery, assault, theft, loitering, pandering and public intoxication, the spread of sexually transmitted diseases, the debasement of both men and women, a decrease in property values for surrounding properties, 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, expressly relies on the findings of the 10th Circuit Court of Appeals in Z.J. Gifts D-2, LLG v. City ofAurora, 136 F.3d 683 (10th Cir. 1998), reversed 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 sexually 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 adverse 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, COLORADO, 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, Ordinance No. 13, Series of 2008 I. adult motion picture 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: 12-7G-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chanter 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. Ordinance No. 13, Series of 2008 i Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. 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; e. School or educational facility serving persons under eighteen years of age; or f. Any other sexually oriented business. Z. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. Distance 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 Title 4, Business and License Regulations, Vail Town Code, as a condition of approval for a conditional use permit. Ordinance No. 13, Series of 2008 Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held 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 of 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 20`h day of May, 2008 and a public hearing for second reading of this Ordinance set for the 3`~ day of June, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Clevelan~!Mayor Attest:, ~ .~~1~4F~ O.• ~ ~ela;/Donalds'on, own Jerk COL OR Pp0 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3~d day of June, 2008. Richard D. Cleveland, Mayor test: elei onaldson, Town Clerk ,~~AL 3 • Ordinance No. 13, Series of 2008 c0~~'""'~~~ ~ ORAL y.».