The purpose and objective of this Chapter is to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their locations in areas deleterious to the City, regulate the signage of such businesses, control the adverse affects 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.

HISTORY

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 97-77, Enacted, 12/4/1997

Ord. No. 04-69, Recodified, 12/16/2004

The terms involving sexually oriented businesses which are not defined in this Title shall have the meanings set forth in Chapter 5.32 of the business license ordinance of the Layton Municipal Code.

HISTORY

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 97-77, Amended, 12/4/1997

Ord. No. 04-69, Recodified, 12/16/2004

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.

1. Sexually oriented businesses, except Out call services, shall only be permitted in the areas zoned M-1. Out call services shall only be permitted in areas zoned MBRP, C-H, and/or PB.
2. All sexually oriented businesses shall be subject to the following restrictions:
3. No sexually oriented business shall be located within 1000' of:
4. a church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
5. a public or private educational facility including, but not limited to, child day-care facilities, nursery schools, pre-schools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
6. a public park or recreational area which has been designated for park or recreational activities including, but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City Park and Recreation authorities; or iv. an entertainment business which is oriented primarily towards children or family entertainment; or
7. No sexually oriented business shall be located within 600' of:
8.  a boundary of a residential zoning district as defined in the Layton City zoning code; or ii. the property line of a lot devoted to a residential use as defined in the Layton City zoning code.
9. A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1000' of another sexually oriented business.
10. For the purpose of this Section, measurements shall be made in a straight line, without regard to the intervening structures or objects from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection (2). Presence of a City, County, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying, the distance requirements of this Section. 
11. For the purpose of this Section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

HISTORY

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 97-77, Enacted, 12/4/1997

Ord. No. 04-69, Recodified, 12/16/2004

Any sexually oriented business lawfully operating on November 20, 1997, that is in violation of this Chapter shall be deemed as a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.

HISTORY

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 97-77, Enacted, 12/4/1997

Ord. No. 04-69, Recodified, 12/16/2004

Notwithstanding anything contrary contained in Title 20, Sign Regulations, of the Layton Municipal Code, the more restrictive requirements for signs shall prevail. 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 wall signs and/or awning signs shall be permitted.
6. Painted wall advertising shall not be allowed.
7. 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.

HISTORY

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 97-77, Enacted, 12/4/1997

Ord. No. 04-69, Recodified, 12/16/2004