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Cottonwood Heights City Zoning Code

19.91 Sexually-Oriented

Businesses

19.91.010 Title For Citation

The ordinance codified in this chapter shall be known and may be referred to as the “Sexually-Oriented Businesses Zoning Ordinance.”

19.91.020 Purpose Of Provisions

It is the purpose and objective of this chapter that the city establish reasonable and uniform regulations to prevent the concentration of sexually-oriented businesses or their location in areas deleterious to the city; to regulate the signage of such businesses; to control the adverse effects of such signage; and to prevent inappropriate exposure of such businesses to the community. This chapter is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the constitutions of the United States and the state of Utah.

19.91.030 Definitions

As used in this chapter:

  1. “Public park” means a park, playground, swimming pool, golf course or athletic field which is under the control, operation or management of the state, a state agency, the city, or a municipality.
  2. “Religious institution” means a building which is used primarily for religious worship and related religious activities.
  3. “School” means an institution of learning or instruction primarily catering to minors, whether public or private, which is accredited as such a facility by the state. This definition shall include kindergartens, elementary schools, junior high schools, middle high schools, senior high schools, or any special institution of learning under the jurisdiction of the state Department of Education, but shall not include home occupations represented as schools, trade schools, charm schools, dancing schools, music schools or similar limited schools, nor public or private universities or colleges.
  4. “Sexually-oriented business” means adult businesses, nude entertainment businesses, seminude dancing bars, outcall services, and nude and seminude dancing agencies as defined in Chapter 5.82.

19.91.040 Business Permitted; Restrictions

  1. Sexually-oriented businesses shall be permitted exclusively in the area zoned O-R-D located at approximately 6500 South 3000 East in the city and in no other O-R-D zone or other zoning district in the city, subject to the following additional restrictions:
    1. Sexually-oriented businesses shall be subject to conditional use requirements.
    2. No sexually-oriented business shall be located:
      1. Within 300 feet from any school, public park, religious institution, or another sexually-oriented business, except that an outcall service or a nude and seminude dancing agency may be located on the same premises as another sexually oriented business; or
      2. Within 200 feet from the boundary of a residential zoning district.
    3. The distance requirements for this section shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the school, public park, religious institution, residential zoning district, or another sexually-oriented business and to the front or main entrance of the sexually-oriented business.

19.91.050 Sign Restrictions

Notwithstanding anything contrary contained in Chapter 19.82, “Signs,” signs for sexually-oriented businesses shall be limited as follows:

  1. No more than one exterior sign shall be allowed;
  2. No sign shall be allowed to exceed 18 square feet;
  3. No animation shall be permitted on or around any sign, or on the exterior walls or roof of such premises;
  4. No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sign. Said signs shall contain alphanumeric copy only;
  5. Only flat signs shall be permitted;
  6. Painted wall advertising shall not be allowed;
  7. Other than the signs specifically allowed by this chapter, the sexually-oriented business shall not construct or allow to be constructed any temporary sign, banner, light or other device designed to draw attention to the business location.

19.91.060 Severability

If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other sections, provisions, clauses or applications hereof which can be implemented without the invalid provision, clause or application hereof, and to this end the provisions and clauses of this chapter are declared to be severable.