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Kaysville City Zoning Code

CHAPTER 36

Sexually Oriented Businesses

17-36-1 - Purpose.

The purpose and objective of this Chapter is to establish reasonable and uniform regulations to prevent the location of sexually oriented businesses in areas which may create a deleterious effect to the City, regulate the signage of such businesses, control the adverse effects of such signage, and 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 United States and Utah Constitutions.

17-36-2 - Definitions.

The terms involving sexually oriented businesses which are not defined in this Chapter shall have the meanings set forth in KCC 6-12, of the Business License Ordinance of the Revised Ordinances.

17-36-3 - Location of Business and Restrictions.

1.

Except as provided in this Chapter, no building, structure, or land shall be used for the establishment or operation of a sexually oriented business. A person commits an offense if the person operates or causes to be operated, a sexually oriented business in violation of the provisions of this Chapter.

2.

Sexually oriented businesses shall only be permitted in the Sexually Oriented Business Overlay Zone as shown on the following map:

Sexually Oriented Business Overlay Zone
Sexually Oriented Business Overlay Zone

17-36-4 - Defective Non-Conforming Businesses.

Any sexually oriented business lawfully operating on the effective date of this Chapter that is in violation of this Chapter, shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.

17-36-5 - Signs.

Notwithstanding anything to the contrary contained in KCC 17, "Planning and Zoning," the more restrictive requirements for signs shall prevail. Signs for sexually oriented businesses shall be limited as follows:

1.

Only one (1) exterior sign on each site shall be allowed. The sign shall be located on a building wall facing 650 West Street.

2.

Only flat wall signs and/or awning signs shall be permitted. Painted wall advertising shall not be allowed.

3.

No sign shall be allowed to exceed eighteen (18) square feet.

4.

No animation shall be permitted on or around any sign or on the exterior walls or roof of such premises.

5.

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.

6.

Other than the signs specifically allowed by this Chapter, sexually oriented businesses shall not attach, construct, or allow to be attached or constructed, any temporary signs, banner, light, or other device designed to draw attention to the business location.