Hyde Park City Zoning Code
§ 108-21.2
Restrictions.
A.
Adult uses, as defined above in § 108-2.2 of this Code, are to be restricted in the following manner, in addition to any other requirements of the Code:
(1)
Adult uses shall not be located within a five-hundred-foot radius of any district zoned for residential use. For measurement purposes, the distance between an adult use and any residential zoning district shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the boundary line of such residential district.
(2)
Adult uses shall not be located within a one-thousand-five-hundred-foot radius of another adult use. For measurement purposes, the distance between adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of any adult use to the closest structural wall of any other adult use.
(3)
Adult uses shall not be located within a five-hundred-foot radius of any school, nursery school, day-care center, educational institution, house of worship, park or playground, historic or scenic resource and civic or cultural facility. For measurement purposes, the distance between an adult use and other such named uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the closest property boundary of such school, nursery school, day-care center, educational institution, house of worship, park or playground, historic or scenic resource and civic or cultural facility.
(4)
Not more than one adult use shall be located in the same building or upon the same lot or parcel of land.
(5)
No loudspeakers or sound equipment that can be discerned by the public from public or semipublic areas shall be used for adult uses.
(6)
Any signage associated with an adult use shall be subject to the standards and guidelines contained in Article 24 of this chapter.
(7)
Adult uses are limited to the Corridor Business District only.
[Amended 10-5-2020 by L.L. No. 1-2020]
B.
Waivers. The restrictions enumerated in § 108-21.2A(1) through (4) above may be waived by the Town Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general standards contained in Articles 4 and 5 of this chapter:
(1)
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Code will be observed.
(2)
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.
(3)
That 51% or more of those persons residing, owning or operating a business within the restricted area as defined in § 108-21.2A(1) through (3) of this Code have signed a petition stating that they have no objection to the establishment of one of the uses defined above in § 108-2.2 of this Code.