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HomeMy WebLinkAboutOrdinance-1999-1159 - - CITY OF WHEAT RIDGE. COLORADO INTRODUCED BY COUNCIL MEMBER lHT\,n 1'l' Council Bill No. 14 Ordinance No. 1159 Series of 1999 TITLE' AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON NEW OR EXPANDED ADULT ENTERTAINMENT FACILITIES AND SEXUAllY ORIENTED BUSINESSES WITHIN THE CITY WHEREAS, the City of Wheat Ridge, Colorado, is a home rule municipality duly and regularly organized and existing as a body corporate and politic under and by virtue of the Constitution and laws of the State of Colorado, and Section 1.3 of the Home Rule Charter for the City confers all home rule powers to the City; and WHEREAS, the City may adopt such ordinances relative to local and municipal matters as are necessary to effectuate the purposes and intent of power granted to home rule municipalities by the Constitution of the State of Colorado; and WHEREAS, the City has initiated a process to revise and update the provisions of the Wheat Ridge Code of Laws {the "Code"} regarding adult entertainment facilities and sexually oriented businesses; WHEREAS, the City Council, acting by Ordinance No. 1156, Series of 1999, on April 12, 1999, imposed a temporary moratorium in order to permit consideration by the City Council of such revisions until July 15, 1999; and therein made findings which are included by reference in this Ordinance, including a finding that a delay in the acceptance and processing of applications for adult entertainment facilities and sexually oriented businesses for a period of time was necessary and in the best interests of the City in order for the City to complete its review of the revision of the Code concerned with adult entertainment facilities and sexually oriented businesses; and WHEREAS, the City Council wishes to extend the period of that moratorium for an additional period; KLE\53027\312500 03 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Moratorium Extended. The City Council hereby extends the moratorium imposed April 12, 1999, by Ordinance No. 1156, Series of 1999, upon the acceptance and processing of applications for, and the issuance of, building permits and/or zoning or development approvals for the construction or operation of adult entertainment facilities and sexually oriented businesses (as defined on Exhibit A attached to the Ordinance, including. adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult entertainment facilities, adult motels, adult motion picture theatres, nude model studios, and sexual encounter centers, whether or not alcoholic beverages are offered for sale in connection with such businesses), said extended moratorium to terminate on August 13, 1999, unless terminated earlier by the City Council Nothing contained in this Ordinance is to be construed to limit or preclude the City Council from termination, repeal, amendment, or modification of this Ordinance prior to August 13,1999. Section 2. Vested Riahts. Nothing in this Ordinance shall be construed as affecting any lawfully vested rights to complete construction where construction was commenced or authorized pursuant to a building permit duly issued prior to the effective date of Ordinance No. 1156, Series of 1999. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severabilitv; Conflictina Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 24th day of May , 1999, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 14 , 1999, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 0 ,this 14th day of June , 1999. SIGNED by the Mayor on this 15th day of June , 1999. ~, , , ATTEST: First Publication: May 28, 1999 Second Publication: June 18, 1999 Wheat Ridge Transcript Effective Date: July 3, 1999