"Active construction" means activities which contribute directly to the completion of facilities contemplated or shown on the construction plans. (Ord. 709-1997 § 3(part))

A.

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in land use studies made available to the city council and on findings incorporated in the cases of the City of Littleton v. Z.J. Gifts, 541 U.S. 774 (2004), City of Erie v. Pap's A.M., 120 S.Ct. 1382 (2000), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998), O'Connor v. City and County of Denver, 894 F.2d 1210 (10th Cir. 1990), City of Colorado Springs v. 2354 Inc., 896 P.2d 272 (Colo. 1995), 7250 Corp. v. Board of County Commissioners for Adams County, 799 P.2d 917 (Colo. 1990), and Marco Lounge, Inc. v. City of Federal Heights, 625 P.2d 982 (Colo. 1981), and on studies in other communities including but not limited to Denver, Colorado; Adams County, Colorado; Colorado Springs, Colorado; New York, New York; Times Square, New York; Indianapolis, Indiana; Islip, New York; Bellevue Washington; Rochester, New York, and a study by the American Center for Law and Justice dated March, 1996 the Woodland Park City Council finds:

1.

Sexually oriented businesses require special supervision from public safety agencies and municipal regulation in order to protect the health, safety and welfare of the patrons of such businesses as well as the citizenry;

2.

Regulation pertaining to sexually oriented businesses furthers substantial governmental interests and is necessary because, in the absence of such regulation, significant criminal activity, including prostitution, narcotics and liquor law violations, has historically and regularly occurred;

3.

Sexually oriented businesses are frequently used for unlawful and unhealthful sexual activities, including prostitution and sexual liaisons of a casual nature;

4.

The concern over sexually transmitted diseases, including HIV, is a legitimate health concern of the city which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens;

5.

Sexually oriented businesses have a deleterious effect on both neighboring businesses and surrounding residential areas causing an increase in crime and a decrease in property values;

6.

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are often uncontrolled by the operators of the establishments;

7.

Some people frequent certain adult theaters, adult arcades and other sexually oriented businesses to engage in sex within the premises of such sexually oriented businesses;

8.

Sexually oriented businesses have serious objectionable characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area;

9.

Sexually oriented businesses may have harmful impacts on children and minors exposed to the effects of sexually oriented businesses including those encountered when children walk through or visit in the immediate neighborhood of such businesses;

10.

Through the city's master plan and downtown development authority foundation plan, the citizens of Woodland Park have established a plan for the city's economic sustainability through destination and tourism based concepts;

11.

The city has a substantial interest in minimizing and controlling adverse effects and thereby protecting the health, safety and welfare of the citizens; preserving the quality of life; preserving economic sustainability through attracting destination consumers and tourism; preserving the property values and character of surrounding neighborhoods; deterring the spread of urban blight and protecting the citizens from increased crime; and

12.

It is not the intent of the ordinance codified in this chapter to suppress any speech protected by the First Amendment, but to enact content-neutral regulations that address the secondary effects of sexually oriented businesses.

B.

Intent. The intent of this chapter is to set reasonable and uniform regulations to prevent the deleterious location and siting of sexually oriented business. These regulations impose restrictions no greater than necessary to further the city's interest in preventing negative secondary effects attributable to sexually oriented businesses. This chapter is to be construed as a regulation of time, place, and manner of the location of these businesses, consistent with the United States and Colorado Constitutions. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment. It is also not the intent of this chapter to condone or legitimize the distribution of obscene material or material not protected by the First Amendment. (Ord. No. 1051-2006, § 4, 3-16-2006)

A.

It is unlawful to operate or cause to be operated a sexually oriented business in any location except as provided in Title 18 of the Woodland Park Municipal Code, as amended from time to time and subject to licensing approval by the city in conformance with Title 5 of the Woodland Park Municipal Code.

B.

Sexually oriented businesses shall be permitted only upon service commercial and heavy service commercial/light industrial zoned properties within the boundaries of the City of Woodland Park. Sexually oriented businesses shall be prohibited on properties zoned as planned unit development or planned business development.

C.

No sexually oriented business shall be located within two hundred (200) feet of the following:

1.

A school;

2.

A boundary of any residential zone district, residentially zoned property;

3.

A boundary of any parcel of property zoned under a planned unit development final development plan or a planned business development final development plan on which a dwelling or residence, two-family dwelling or residence, or multiple dwelling or residence may be constructed;

4.

A dwelling or residence (including two-family and multiple dwelling or residence);

5.

A park, except unimproved open space;

6.

A state-licensed child care center;

7.

A place of worship that routinely and regularly schedules and conducts or provides related activities including but not limited to child care and other youth activities, educational classes, concerts, theater or other similar community events, on days of the week other than Sunday; or

8.

Another sexually oriented business.

D.

It is unlawful to cause or permit the operation or maintenance of more than one (1) sexually oriented business in the same building or structure or portion thereof regardless of whether such businesses would be owned or operated by the same owner or lessee.

E.

For purposes of this section, distance requirements between structures and uses specified in this chapter 18.07 shall be measured in accordance with the following:

1.

When a proposed or existing use is housed in a structure or building, the required distance is measured to the closest exterior wall of the structure or building;

2.

When a proposed or existing use is housed within a building also occupied by other uses, such as within a multi-tenant shopping center, the required distance is measured from the closest portion of the building devoted to the proposed or existing use in question;

3.

When a proposed or existing use or activity is not housed in a structure or building (e.g., a park) or such use is a school, the required distance is measured to the closest lot or property line of the lot or parcel containing the use, activity, or school;

4.

The required distance to a residential district or to a residentially zoned property is measured to the closest zoning district boundary, as shown on the official zoning map, or to the closest lot or property line of the specifically zoned property;

5.

The required minimum distance is measured wherever the distance shall be the shortest between the proposed use or activity and existing use or activity, without regard to intervening structures or streets. The presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

F.

A sexually oriented business lawfully operating is not rendered in violation of this section by the subsequent location of a school, child-care center, dwelling or residence (two-family or multiple dwelling or residence), park, or residential zoning district within two hundred feet of the sexually oriented business. (Ord. No. 1051-2006, § 4, 3-16-2006)

The location and siting requirements of section 18.07.02 shall not apply to the following:

A.

Any sexually oriented business expressly described as an approved use in an annexation agreement approved by ordinance of the City of Woodland Park.

B.

Any sexually oriented business for which a vested property right (within the meaning of Colorado law) was lawfully conferred or established provided that such right remains valid and effective. (Ord. No. 1051-2006, § 4, 3-16-2006)

A.

In addition to, and notwithstanding anything to the contrary contained in Chapter 18.48 or in any other regulation of Title 18 of the Woodland Park Municipal Code, sexually oriented business signs shall be limited as follows:

No descriptive art, pictures, or designs depicting any activity related to, or inferring the nature of the business shall be allowed on any sexually oriented business sign. Said signs shall contain alphanumeric copy only.

B.

No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the exterior of the building. (Ord. No. 1051-2006, § 4, 3-16-2006)