The purpose of the C-X Adult Entertainment Overlay District is to identify and prescribe specific requirements and conditions for the location of certain defined adult businesses and identify areas within the city where such activities can occur. The district is designed as an overlay district in certain zoning districts based on the regional character of the activities. Adult business uses do not occur on a frequent basis and require separate and specifically designed regulations for their development. Such adult businesses are recognized as having serious objectionable operational characteristics, particularly if several of such uses are concentrated, thereby having a harmful effect upon adjacent areas. The location of such uses has an additional harmful effect upon adjacent areas and could contribute to the blighting and downgrading of the surrounding neighborhood. The special regulation of adult businesses is necessary to ensure that the adverse effect of such uses will not contribute to the blighting or downgrading of surrounding neighborhoods, whether residential or nonresidential, by location or concentration, and to ensure the stability of such neighborhoods.

(Code 2000, § 16-24-10; Ord. No. 1045, 2002)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult business.

(1)

The term "adult business" means any business enterprise:

a.

That has as a regular and substantial business purpose the sale, display or rental of goods that are designed for use in connection with specified sexual activities or that emphasize matters depicting, describing or related to specified sexual activities or specified anatomical areas; or

b.

That has one of the following as a regular and substantial business purpose:

1.

The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or

2.

The providing of services that provide specified sexual activities or specified anatomical areas ancillary to other pursuits or allow participation in specified sexual activities ancillary to other pursuits.

(2)

The term "adult business" also includes, but is not limited to, any and all of the following, as defined herein:

a.

Businesses that offer the following described goods for sale or rent:

1.

Adult bookstore means an establishment which as a regular and substantial business purpose, offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films or videotapes, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

2.

Adult news rack means any coin- or card-operated device that offers for sale, by dispensing, printed material, which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

3.

Adult newsstand means any freestanding structure, vehicle or booth which as a regular and substantial business purpose offers for sale books, magazines, periodicals or other printed matter which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

4.

Adult retail establishments means an establishment which, as a regular and substantial business purpose, offers for sale or rent any one or more of the following: instruments, devices, gifts, sexual aids, sexual novelties or paraphernalia which depict or are designed for use in connection with specified sexual activities or graphically depict specified anatomical areas or any of the materials sold or rented in an adult bookstore as defined herein.

b.

Businesses that provide the following entertainment:

1.

Adult encounter parlor means an establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate or consort with employees and/or performers or private contractors who display specified anatomical areas in the presence of such customers with the intent of providing sexual gratification or stimulation to such customers.

2.

Adult entertainment business means any enterprise to which the public, patrons or members are invited or admitted, and where providing adult entertainment, as defined herein, is a regular and substantial portion of its business.

3.

Adult entertainment cabaret means an establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female impersonators, go-go dancers or live performances, or material which is primarily characterized by an emphasis on specified sexual activities or specified anatomical areas.

4.

Adult entertainment studio (includes the terms "rap studio," "exotic dance studio," "sensitivity studio" or "encounter studio") means an establishment whose premises are physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or specified anatomical areas.

5.

Adult motion picture theater means an establishment containing a room with seats facing a screen or projection area, where a regular and substantial portion of its business is the exhibition to customers or members of films, videotapes or motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

6.

Adult theater means an establishment located in an enclosed building where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers, for observation by customer, members or patrons.

7.

Body painting studio means an establishment where a regular and substantial portion of its business is the maintaining, operating or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displaying for the customers' view specified anatomical areas.

c.

Businesses that provide the following described services:

1.

Adult motel means an enterprise where a regular and substantial portion of its business is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, DVDs, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and rents room accommodations for less than 24 hours at a time.

2.

Bath house means an enterprise where a regular and substantial portion of its business is offering baths with other persons present who are nude or displaying specified anatomical areas.

Adult entertainment means any live activity, exhibition, performance, display, dance or touching of another with any part of the body or any apparatus or appliance, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling for purposes of photography, painting, sketching, drawing, sculpting or otherwise, removal of clothing or any service offered for amusement on premises where such activity, exhibition, performance, display, dance or touching of another with any part of the body or any apparatus or appliance is intended to seek to arouse or excite the sexual desires of the employee, other employees or patrons or, if the activity, exhibition, performance, display, dance or touching of another with any part of the body or any apparatus or appliance involves a person who is nude or in such attire, costume or clothing as to expose to view any portion of the human genitals, pubic region, vulva, pubic hair, buttocks, female breast below a point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely or opaquely covered.

Adult entertainment business means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the public, a patron or a member.

Contagious and communicable diseases means those diseases which are set out in the Colorado Code of Regulations.

Day care facility means an establishment or business which provides supervision of facilities for preschool children or provides before-school, after-school or summer care for school-age children.

Employee, as used in this article, means any and all persons, including managers, entertainers, servers, independent contractors and personnel of any description, who work in or at or render any service directly related to the operation of an adult entertainment business.

Entertainer means any person who provides adult entertainment within the adult entertainment premises, as defined in this section, whether or not a fee is charged or accepted for entertainment.

Manager means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.

Museum means any government or nonprofit institution devoted to the procurement, care and display of objects of lasting interest or value which is open to the general public.

Operator means any person operating, conducting or maintaining an adult entertainment business or adult entertainment premises.

Overlay district means a zoning district which is established for the distinct purpose of defining the area in which a type of business or activity can occur or be located and which is a zoning designation implementing zoning regulations and requirements in addition to those applicable to the zoning designation previously assigned to the area defined by the overlay district.

Park means any city, county, state or federal public park.

Public place means any area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles whether moving or not.

Premises means any place of business of an adult business which shall include the entire lot and building occupied by the adult business and any other property owned, leased or controlled by the adult business, including any parking areas adjacent to the business which are regularly utilized by employees, entertainers, servers, managers or customers of such business.

Regular and substantial portion of its business means 20 percent or more of the gross floor space is devoted to that purpose; 20 percent or more of the retail floor space is devoted to that purpose; 20 percent or more of the gross sales of the business are derived from that purpose; or 20 percent or more of the stock in trade is devoted to that purpose.

Residential building means a building which is primarily designed and devoted for human habitation, excluding motels and hotels.

Residential district means, for the purposes of this article, areas zoned for residential use and defined as districts inclusive of O-E Open Estates District, R-1 Residence District, R-2 Residence District, R-3 Residence District, M-H Mobile Home District and PUD Planned Unit Development District.

Server means any person who serves food or drink at an adult entertainment business or adult business.

Specified anatomical areas means:

(1)

Uncovered or exposed human genitals, pubic region or pubic hair, buttock, female breasts below a point immediately above the top of the areola encircling the nipple, or any combination of the foregoing; or

(2)

Human male genitals in a discernibly erect state, even if completely or opaquely covered.

Specified sexual activities means sexual conduct, being actual or simulated; acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent object in an act of apparent sexual stimulation or gratification.

(Code 2000, § 16-24-20; Ord. No. 1045, 2002)

A C-X Adult Entertainment Overlay District shall be established as follows:

(1)

The C-X Adult Entertainment Overlay District shall be established only by amendment of the zoning maps in accordance with section 30-2 and C.R.S. § 31-23-301 et seq., provided that the planning and zoning commission of the city shall recommend and the city council shall find that the proposed C-X Adult Entertainment Overlay District meets all of the requirements without exception described in this article, and further, that the proposed use to be constructed or operated will neither negatively impact nor materially injure property within 500 feet of the proposed district boundaries.

(2)

No C-X Adult Entertainment Overlay District shall be established without the submission and approval of a site development plan. Failure to comply with the plan so approved and established as part of the C-X Adult Entertainment Overlay District shall be deemed to be a violation of this article.

(3)

The C-X Adult Entertainment Overlay District shall be established as an overlay district only in districts designated as C-1 Commercial District, C-2 Commercial District or I-1 Industrial District.

(4)

The C-X Adult Entertainment Overlay District shall be established only if the boundaries of the district are a minimum of 1,000 feet from any church or place of worship, day care facility, park, educational institution, library, museum, community center, residential district, children's amusement park or residential building.

(Code 2000, § 16-24-30; Ord. No. 1045, 2002)

Any adult business shall meet the following location and site requirements:

(1)

Not more than two of such uses, excluding any uses having a certificate of legal nonconformance, shall be located within 300 feet of each other as measured in a straight line from the lot line of the affected properties.

(2)

All access shall be provided from a public street or roadway.

(3)

The property on which such use is located shall have a minimum of 50 feet of street frontage.

(4)

The property on which the use is located shall be screened by a solid masonry wall at least six feet in height along the side and rear property lines, provided that the parking lot devoted to said use may be screened by decorative fencing such as wrought iron or brick and need not be screened by a solid masonry wall.

(5)

The facility on which the use is located and the parking for such facility shall have a front yard setback of 20 feet, a side yard setback of ten feet and a rear yard setback of ten feet, provided that, where the use is proposed in an existing building and parking lot, the setback requirements need not be met.

(6)

The parking and loading requirements of the city shall be met, provided that the city council may approve a development plan where the parking provided is consistent with solid planning principles in consideration of anticipated use, mass transit accessibility and off-site parking availability. The parking provided on the development plan shall remain available and shall be the basis of a violation if not provided.

(7)

If the parking and maneuvering space of any parking lot exceeds 7,500 square feet, at least five percent of the lot area shall be maintained as landscaped area, provided that a credit toward the overall required landscaped area may be provided if the landscaping provides for trees either at least 15 feet in height or at least three inches in diameter for each 2,000 square feet of required landscaped parking area. Additionally, 15 percent of the entire lot area, including parking area, shall be maintained as an open landscaped area with a 20-foot landscape buffer along all street frontage, provided that the city council may approve the development plan where an appropriate alternative is proposed for an existing building and parking lot, such as decorative wrought iron or brick fencing.

(8)

The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian sidewalk, walkway, street or other public area, provided that the development plan may provide for openings into such facility where needed for security reasons and provided that no merchandise or pictures can be viewed from the sidewalk in front of the building.

(9)

The facility in which such use is located shall be limited to one wall-mounted sign no greater than one square foot of sign area per linear foot of wall length, not to exceed a total of 50 square feet, provided that the city council may approve the location of up to three signs, which collectively shall not exceed a total of 50 square feet in area. The sign shall not flash, blink or move by mechanical means and shall not extend above the roofline of the building. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights or lighting which leaves the impression of motion or movement shall be permitted.

(Code 2000, § 16-24-40; Ord. No. 1045, 2002)

The site plan accompanying the application for approval of a C-X Adult Entertainment Overlay District shall include the following information:

(1)

The site plan shall be drawn at a scale of one-inch equals 100 feet or larger.

(2)

The site plan shall delineate the property lines of the proposed project.

(3)

The site plan shall delineate existing rights-of-way and easements.

(4)

The site plan shall delineate the general location and width of all proposed streets and public rights-of-way, such as alleys, pedestrian ways and easements.

(5)

The site plan shall delineate the solid masonry screening as provided in section 30-837(4).

(6)

The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in section 30-837(5).

(7)

The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.

(8)

The site plan shall delineate the location and number of parking spaces and the proposed parking and loading ratio and its location requirements in accordance with section 30-837(6).

(9)

The site plan shall delineate all points of access and egress.

(10)

The site plan shall present, in tabular form, the proposed net density of the use, providing the number of seats, employees or other applicable units of measure.

(11)

The site plan shall delineate the gross floor area of the building or structure.

(12)

The site plan shall detail the proposed stages of construction for all land in development and improvements with the proposed district.

(13)

The site plan shall describe the landscaping to be provided.

(14)

The site plan shall delineate the proposed exterior lighting.

(15)

The site plan shall delineate the proposed architectural details of the facility.

(16)

The site plan shall indicate the signage in accordance with section 30-837(9).

(17)

The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.

(Code 2000, § 16-24-50; Ord. No. 1045, 2002)

No adult business shall be permitted except within a C-X Adult Entertainment Overlay District, subject to the provisions of this article.

(Code 2000, § 16-24-60; Ord. No. 1045, 2002)