2009-07-27_GENERAL DOCUMENTS - M1987113

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M. Sexually Oriented Businesses 1. No person may operate or cause to be operated a sexually oriented business within 1,000 feet of any of the following, whether the use or zone district listed below is unincorporated Jefferson County, an adjacent county, or within an incorporated municipality. (orig. 7-8-97) a. A church. (orig. 7-8-97) b. A school meeting all requirements of the compulsory education laws of the state. (orig. 7-8-97) c. The boundary of any zone district in which one of the primary uses is residential. (orig. 7-8-97) d. A dwelling unit (single or multiple). (orig. 7-8-97) e. A public park. (orig. 7-8-97) f. A licensed child care center. (orig. 7-8-97) g. An establishment holding a liquor license. (orig. 7-8-97) 2. No person may operate or cause to be operated a sexually oriented business within 1,000 feet of another sexually oriented business. (orig. 7-8-97) 3. No person may cause or permit the operation, establishment or maintenance of more than one sexually oriented business within the same building or structure or portion thereof, such as in a shopping center. A sexually oriented business may include one or more types of sexually oriented business provided it has one address and is operated as a single business entity that has one sales tax license number. (orig. 7-8-97) 4. For the purposes of this Section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, streets, or political boundaries, from the closest exterior structural wall of each business. (orig. 7-8-97) 5. For purposes of this Section, the distance between any sexually oriented business and any church, school, child care center, public park, establishment holding a liquor license, dwelling unit (single or multiple) or residential zone district shall be measured in a straight line, without regard to intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which the sexually oriented business is located to the nearest property line of the premises of a church, school, child care center, an establishment holding a liquor license, or dwelling unit (single or multiple), or the nearest boundary of an affected public park or residential zone district, whichever is closest. (orig. 7-8-97) 6. Any sexually oriented business lawfully operating on July 8, 1997, the effective date of this Zoning Resolution regulating the location of sexually oriented businesses, that is in nonconformance with this Zoning Resolution shall have 6 months to cease operations and after such time all nonconforming sexually oriented businesses must be in compliance with this Zoning Resolution. Notwithstanding the above, the Board of Adjustment shall grant an extension of time during which a sexually oriented business in violation of this Zoning Resolution will be permitted to continue upon a showing by a preponderance of the evidence, which is credible and which to the extent practical meets the admissibility standards of the Colorado Rules of Evidence, that the owner of the business has not had a reasonable time to recover the initial investment in the business that was made or irrevocably committed to prior to July 8, 1997, the date of the enactment of this Zoning Resolution. No such extension of time shall be for a period greater than that reasonably necessary for the owner of the business to recover his or her initial financial investment in the business. The procedure for obtaining permission from the Board of Adjustment to continue the business shall be the same procedure as for Variances. The Board of Adjustment shall have the right to refer any evidence submitted to Planning and Zoning or any other division or agency for its review and comment, and Section 2 Page 8 Zoning Resolution -Amended 5-20-08