At the conclusion of the August 24 public hearing, the City of Castle Pines North adopted two separate regulatory ordinances setting forth the time, place and manner in which sexually oriented businesses can legally operate within the City.  The newly adopted zoning regulations and licensing provisions address to the fullest extent permissible under law, the negative secondary effects of sexually oriented businesses in order to protect the health, safety and welfare of the community. 

Sexually oriented businesses are afforded some level of protection under the First Amendment of the United States Constitution.  In an attempt to provide for the rights protected under “free speech,” communities must provide a reasonable number of locations for such businesses to locate.  This does not mean these types of businesses are immune from regulation; on the contrary, regulations relating to “time, place and manner” in which these types of businesses operate and provide services are generally found to be constitutionally acceptable.  The intent of the recently adopted regulations is to balance the First Amendment rights of sexually oriented businesses with the need to protect the citizens and residential communities of the City of Castle Pines North. 

Douglas County’s zoning regulations (adopted by the City), allow for sexually oriented businesses in commercial zone districts subject to a 1500 foot spacing requirement from residential, church, park, library and other sensitive uses.  Currently, the City has no areas zoned “commercial” within its boundaries and thus has no available sites for sexually oriented businesses.  This lack of regulation and subsequent prohibition would likely be found unconstitutional and leave the City without any means of controlling the negative secondary impacts associated with sexually oriented businesses. To address these regulatory deficiencies the City repealed existing regulations and limited the location of new sexually oriented businesses within a very specific area within the City’s boundaries.  

For any additional information, or questions about the regulatory requirements, please contact the City’s Director of Planning and Zoning, Sam Bishop at 303.705.0225.