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