[HISTORY: Adopted by the City Council of the City of Englewood 12-17-2002 by Ord. No. 02-23. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- RESIDENTIAL ZONING DISTRICT
- Any one-family residence district as defined in Part 4, Zoning, of Chapter 250, Land Use, of the Code of the City of Englewood.
- RETAIL USE
- Includes any store or business selling goods and services, including but not limited to grocery stores, convenience stores, restaurants, licensed establishments for the sale or consumption of alcoholic beverages, personal service shops, and banks, but excluding gasoline service stations regulated pursuant to Chapter 228, Gasoline Service Stations, schools, and houses of worship.
The City Council of the City of Englewood hereby makes the following findings respecting the operation of retail uses within residential zoning districts within the City of Englewood:
There are retail uses within residential zoning districts in the City of Englewood which are nonconforming uses.
Such retail uses pose peculiar problems to adjoining or nearby residences including the generation of traffic and noise.
Such retail uses disturb the peace and tranquility of residential zoning districts particularly between the hours of 10:00 p.m. and 6:00 a.m.
The City Council finds that there are no effective alternative means to preserve and protect the peace and tranquility of residential zoning districts between the hours of 10:00 p.m. and 6:00 a.m. other than by regulating the hours of operation of such retail uses.
A limitation upon the nighttime hours of operation of retail uses within residential zoning districts will assist in securing and maintaining the blessings of quiet seclusion and will make available to the residents of the City of Englewood the refreshment of repose and tranquility of solitude during nighttime hours.
It shall be unlawful for any person, firm, or corporation to operate a retail use within any residential zoning district between the hours of 10:00 p.m. and 6:00 a.m. on any day.
Any person, firm, or corporation violating the provisions of this chapter shall be subject to a fine not in excess of $1,000 nor less than $100 or imprisonment for a period not in excess of 90 days, or both, for each day upon which a violation occurs.