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Fountain, CO Business Licensing & Operations: Adult Entertainment (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Allowed zone
planned industrial district only
Buffer from residential/school/park/worship
1,000 feet minimum
Buffer from other adult uses
300 feet minimum
Appeal window
10 business days from written denial
Variance
can shrink only the 300-ft buffer, never the 1,000-ft buffer

Summary

Fountain confines adult-oriented businesses to the planned industrial zoning district. Fountain Municipal Code § 17.16.010 requires at least 1,000 feet of separation from any residential zone, place of worship, park, child care facility or school, and at least 300 feet from another adult-oriented use, measured across public streets and rights-of-way.

A.Adult-oriented uses shall be established, operated and maintained only within the planned industrial district and shall be separated from the most proximate and directly measured legally described property line of any residential zoning district, place of worship, park, child care facility, including daycares, and/or schools meeting the requirements of the compulsory education laws of the state, by not less than 1,000 feet, and other adult-oriented uses by not less than 300 feet.B.Public streets, sidewalks, driveways, easements and other public rights-of-way shall be included in measuring the distances prescribed in this chapter.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

16, Adult-Oriented Uses, Regulated, adopted by Ordinance No. 1742 on January 14, 2020, confines these businesses to a single zoning district and layers on strict spacing requirements. 010(A) allows adult-oriented uses only within the planned industrial district and requires separation, measured from the most proximate and directly measured legally described property line, of not less than 1,000 feet from any residential zoning district, place of worship, park, child care facility (including daycares), or school meeting the state's compulsory-education requirements, and not less than 300 feet from another adult-oriented use.

Subsection (B) makes clear that public streets, sidewalks, driveways, easements and other rights-of-way count toward those measured distances rather than being excluded. 25, with a copy to the city attorney's office. 030: the city council can grant a variance only after a public hearing and only where the applicant proves, through diligent inquiry, that no compliant site is available in the planned industrial district, with economic hardship expressly excluded as a basis; even then, a variance can only shorten the 300-foot buffer between two adult-oriented uses or place the business on an otherwise appropriately commercial-zoned site the applicant identifies, and the code bars any variance that would put an adult-oriented use within 1,000 feet of a residential use, place of worship, school or park.

Violations & Fines

The zoning administrator must deny a building permit or other approval for an adult-oriented use that fails to meet the location standards of § 17.16.010, with the denial explained in writing under § 17.16.020(A). Operating in violation of Chapter 17.16 is enforced under §§ 17.02.050 and 17.02.110 and is punishable under the general penalty, § 1.12.010, by a fine up to $2,650.00, up to one year in jail, or both.

Frequently Asked Questions

Where can an adult-oriented business locate in Fountain?
Only in the planned industrial zoning district. Fountain Municipal Code § 17.16.010(A) also requires at least 1,000 feet of separation from any residential zone, church, park, child care facility or school, and at least 300 feet from another adult-oriented business.
How are the distance buffers measured?
From the most proximate, legally described property line of the adult-oriented use to the nearest protected use or other adult-oriented use, and § 17.16.010(B) specifically counts public streets, sidewalks, driveways and rights-of-way as part of that measured distance rather than excluding them.
Can the city council grant a variance to the 1,000-foot buffer?
No. Section 17.16.030(E) bars any variance that would allow an adult-oriented use within 1,000 feet of a residential use, place of worship, school or park; the city council's variance power under this chapter reaches only the 300-foot buffer between two adult-oriented uses.

Sources & Official References

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