Oakley City Zoning Code

APPENDIX C

Adult-Sex Oriented Facilities And Businesses

Findings: The City Council finds that the appropriate location for adult/sex-oriented facilities and businesses within the City is within certain areas of the City where it can be better regulated by City officials and law enforcement, and outside of residential or recreational (park) areas where the quality of life will not be as greatly impacted. Within the City, adult/sex-oriented facilities and businesses shall be allowed as a conditional use within the Agricultural AR-40 zones, as specified herein, and shall conform to the criteria mandated under this subsection and provisions of the Oakley City Code, governing such activities. Adult/sex-oriented facilities and businesses are prohibited all other zone districts.
Adult/Sex Oriented Businesses. The types of businesses regulated by this chapter include adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort service, any business in which employees perform or appear in the presence of patrons of the business in a nude or semi-nude state, and any other business that provides any service related to the viewing or display of sexual activities as defined herein. This chapter does not apply to any sex therapist or similar individual licensed by the state of Utah to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, or psychologist, any educator licensed by the state of Utah for activities in the classroom, or businesses that provide or facilitate legitimate modeling or exhibitions, which may occur in a state of nudity for purposes protected by the First Amendment or similar state protections.
Conditional Use Permit Required: Adult/sex-oriented facilities and businesses are conditional uses in the Agricultural AG-40 Zones and must be approved in accordance with the provisions of this section and all other relevant portions of the Oakley City Code. In order to obtain a conditional use permit for an adult/sex-oriented facility or business, the applicant shall submit an application form with required documentation and accompanied with the appropriate fees. Such application shall satisfy the following requirements in addition to any other requirements under Oakley City Code for conditional use permits:
1. Provide a design and site plan diagramming the premises in accordance with the requirements of this chapter and demonstrating that the business is not located within a one thousand foot radius of any place of worship, park, school, residential zoning district, residential use, licensed child daycare center, public trail, or another adult/sex oriented facility or business as measured in a straight line, without regard to intervening structures, streets or other barriers from the nearest point of the property line of the other site to the nearest point of the property line of the sexually oriented business.
2. For existing buildings, demonstrate compliance with all applicable building, health, fire and other safety and construction codes, or for future buildings, agree to comply with all such codes.
3. Demonstrate compliance or agree to comply with all requirements of this chapter.
4. Provide Identification issued by a federal or state governmental agency with the applicant’s colored photograph, signature, and physical description, proof that the applicant is at least twenty-one years of age, and the identity of each individual authorized by the applicant, if a corporation, partnership or other entity, to receive service of process.
5. A statement that the applicant has not previously had any license related to the operation of an adult/sex oriented business in any jurisdiction revoked for cause or has been convicted within the prior five years of prostitution or promotion of prostitution; dissemination of obscenity or illegal pornographic materials; sale, distribution or display of harmful material to a minor; sexual abuse; sexual abuse of a child; sexual exploitation of children; sexual performance by a child; possession or distribution of child pornography; sexual battery; rape; indecent exposure; indecency with a child; the crimes of criminal pandering, tax violations, embezzlement, or racketeering, if such crimes are directly related to the operation of a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance.
6. A description of the services to be provided by the business with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, including the hours that the business will be open to the public and the methods of promoting the health and safety of employees and patrons and preventing them from engaging in illegal activity.
A public hearing shall be required in all cases prior to the issuance of a conditional use permit. The procedures for issuance of conditional use permits, as found in the appropriate title, shall be followed in all cases. A final decision by the City as to the issuance of a conditional use permit for an adult/sex-oriented facility or business shall be made within ninety (90) days of receipt of a completed application by the City Planning Development, unless a delay is requested or agreed upon by the applicant or where the applicant is causing the delay by not providing needed information.
All adult/sex-oriented facilities and businesses shall comply with the following requirements:
1. Obtain and maintain a business license and all other required licenses and permits.
2. Allow law enforcement and city officers to have access at all times to all premises for inspection.
3. Refuse service to persons under the age of eighteen and exclude such persons from entering areas in which the adult/sex oriented activity occurs.
4. Provide means of fully screening and prohibiting the viewing of any display or exhibition of sexual activity or nude or semi-nude employees from non-patrons.
5. Require all employees to be eighteen years or older, and require all employees to obtain a sexually oriented business employee work license.
6. Prohibit the use of alcohol and other controlled substances on the business premises.
7. Prohibit gambling on the business premises.
8. Prohibit sexual activity on the business premises, which activity includes acts of masturbation, sexual intercourse, fellatio, cunnilingus, or manipulating, caressing or fondling by any person of the genitals, pubic area, breasts, or anus of a human.
9. Prohibit any employee from appear in a state of nudity or semi-nudity unless the employee is at least three feet from patrons and customers and on a stage at least two feet from the floor.
Nonconforming Uses:
1. Right to Continue: Adult/sex oriented facilities and businesses already existing within the City shall have the right to continue in their businesses without a conditional use permit. However, all such businesses shall be subject to compliance with the criteria, mandatory general conditions, and mandatory design of premises conditions, as provided in the Oakley City Code, within ninety (90) days of the adoption of the ordinance codified herein. A time extension may be granted where the City Council determines, on a case-by-case basis, that a hardship exists for a business owner/operator.
2. Change or Extension/Enlargement of Use: Any nonconforming use herein may not be materially changed, nor extended/enlarged unless it comes into compliance with the then existing Development Code.
3. Cessation of Use: If active and continuous operations are not carried on in a nonconforming use during a continuous period of one (1) year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.
Penalty: Violations of any of the provisions of this appendix shall subject the offender to the penalties as provided in this title, other applicable State law, or where no penalty is otherwise provided, a fine of not more than seven hundred fifty dollars ($750.00) and a ninety (90) day jail sentence. Any false statement made in connection with any application, inspection, or license related to an adult/sex oriented business, or any two or more violations of this appendix may result in any permits issued under this appendix being revoked.

Oakley City Zoning Code

APPENDIX C

Adult-Sex Oriented Facilities And Businesses

Findings: The City Council finds that the appropriate location for adult/sex-oriented facilities and businesses within the City is within certain areas of the City where it can be better regulated by City officials and law enforcement, and outside of residential or recreational (park) areas where the quality of life will not be as greatly impacted. Within the City, adult/sex-oriented facilities and businesses shall be allowed as a conditional use within the Agricultural AR-40 zones, as specified herein, and shall conform to the criteria mandated under this subsection and provisions of the Oakley City Code, governing such activities. Adult/sex-oriented facilities and businesses are prohibited all other zone districts.
Adult/Sex Oriented Businesses. The types of businesses regulated by this chapter include adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort service, any business in which employees perform or appear in the presence of patrons of the business in a nude or semi-nude state, and any other business that provides any service related to the viewing or display of sexual activities as defined herein. This chapter does not apply to any sex therapist or similar individual licensed by the state of Utah to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, or psychologist, any educator licensed by the state of Utah for activities in the classroom, or businesses that provide or facilitate legitimate modeling or exhibitions, which may occur in a state of nudity for purposes protected by the First Amendment or similar state protections.
Conditional Use Permit Required: Adult/sex-oriented facilities and businesses are conditional uses in the Agricultural AG-40 Zones and must be approved in accordance with the provisions of this section and all other relevant portions of the Oakley City Code. In order to obtain a conditional use permit for an adult/sex-oriented facility or business, the applicant shall submit an application form with required documentation and accompanied with the appropriate fees. Such application shall satisfy the following requirements in addition to any other requirements under Oakley City Code for conditional use permits:
1. Provide a design and site plan diagramming the premises in accordance with the requirements of this chapter and demonstrating that the business is not located within a one thousand foot radius of any place of worship, park, school, residential zoning district, residential use, licensed child daycare center, public trail, or another adult/sex oriented facility or business as measured in a straight line, without regard to intervening structures, streets or other barriers from the nearest point of the property line of the other site to the nearest point of the property line of the sexually oriented business.
2. For existing buildings, demonstrate compliance with all applicable building, health, fire and other safety and construction codes, or for future buildings, agree to comply with all such codes.
3. Demonstrate compliance or agree to comply with all requirements of this chapter.
4. Provide Identification issued by a federal or state governmental agency with the applicant’s colored photograph, signature, and physical description, proof that the applicant is at least twenty-one years of age, and the identity of each individual authorized by the applicant, if a corporation, partnership or other entity, to receive service of process.
5. A statement that the applicant has not previously had any license related to the operation of an adult/sex oriented business in any jurisdiction revoked for cause or has been convicted within the prior five years of prostitution or promotion of prostitution; dissemination of obscenity or illegal pornographic materials; sale, distribution or display of harmful material to a minor; sexual abuse; sexual abuse of a child; sexual exploitation of children; sexual performance by a child; possession or distribution of child pornography; sexual battery; rape; indecent exposure; indecency with a child; the crimes of criminal pandering, tax violations, embezzlement, or racketeering, if such crimes are directly related to the operation of a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance.
6. A description of the services to be provided by the business with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, including the hours that the business will be open to the public and the methods of promoting the health and safety of employees and patrons and preventing them from engaging in illegal activity.
A public hearing shall be required in all cases prior to the issuance of a conditional use permit. The procedures for issuance of conditional use permits, as found in the appropriate title, shall be followed in all cases. A final decision by the City as to the issuance of a conditional use permit for an adult/sex-oriented facility or business shall be made within ninety (90) days of receipt of a completed application by the City Planning Development, unless a delay is requested or agreed upon by the applicant or where the applicant is causing the delay by not providing needed information.
All adult/sex-oriented facilities and businesses shall comply with the following requirements:
1. Obtain and maintain a business license and all other required licenses and permits.
2. Allow law enforcement and city officers to have access at all times to all premises for inspection.
3. Refuse service to persons under the age of eighteen and exclude such persons from entering areas in which the adult/sex oriented activity occurs.
4. Provide means of fully screening and prohibiting the viewing of any display or exhibition of sexual activity or nude or semi-nude employees from non-patrons.
5. Require all employees to be eighteen years or older, and require all employees to obtain a sexually oriented business employee work license.
6. Prohibit the use of alcohol and other controlled substances on the business premises.
7. Prohibit gambling on the business premises.
8. Prohibit sexual activity on the business premises, which activity includes acts of masturbation, sexual intercourse, fellatio, cunnilingus, or manipulating, caressing or fondling by any person of the genitals, pubic area, breasts, or anus of a human.
9. Prohibit any employee from appear in a state of nudity or semi-nudity unless the employee is at least three feet from patrons and customers and on a stage at least two feet from the floor.
Nonconforming Uses:
1. Right to Continue: Adult/sex oriented facilities and businesses already existing within the City shall have the right to continue in their businesses without a conditional use permit. However, all such businesses shall be subject to compliance with the criteria, mandatory general conditions, and mandatory design of premises conditions, as provided in the Oakley City Code, within ninety (90) days of the adoption of the ordinance codified herein. A time extension may be granted where the City Council determines, on a case-by-case basis, that a hardship exists for a business owner/operator.
2. Change or Extension/Enlargement of Use: Any nonconforming use herein may not be materially changed, nor extended/enlarged unless it comes into compliance with the then existing Development Code.
3. Cessation of Use: If active and continuous operations are not carried on in a nonconforming use during a continuous period of one (1) year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.
Penalty: Violations of any of the provisions of this appendix shall subject the offender to the penalties as provided in this title, other applicable State law, or where no penalty is otherwise provided, a fine of not more than seven hundred fifty dollars ($750.00) and a ninety (90) day jail sentence. Any false statement made in connection with any application, inspection, or license related to an adult/sex oriented business, or any two or more violations of this appendix may result in any permits issued under this appendix being revoked.

Oakley City Zoning Code

APPENDIX C

Adult-Sex Oriented Facilities And Businesses

Findings: The City Council finds that the appropriate location for adult/sex-oriented facilities and businesses within the City is within certain areas of the City where it can be better regulated by City officials and law enforcement, and outside of residential or recreational (park) areas where the quality of life will not be as greatly impacted. Within the City, adult/sex-oriented facilities and businesses shall be allowed as a conditional use within the Agricultural AR-40 zones, as specified herein, and shall conform to the criteria mandated under this subsection and provisions of the Oakley City Code, governing such activities. Adult/sex-oriented facilities and businesses are prohibited all other zone districts.
Adult/Sex Oriented Businesses. The types of businesses regulated by this chapter include adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort service, any business in which employees perform or appear in the presence of patrons of the business in a nude or semi-nude state, and any other business that provides any service related to the viewing or display of sexual activities as defined herein. This chapter does not apply to any sex therapist or similar individual licensed by the state of Utah to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, or psychologist, any educator licensed by the state of Utah for activities in the classroom, or businesses that provide or facilitate legitimate modeling or exhibitions, which may occur in a state of nudity for purposes protected by the First Amendment or similar state protections.
Conditional Use Permit Required: Adult/sex-oriented facilities and businesses are conditional uses in the Agricultural AG-40 Zones and must be approved in accordance with the provisions of this section and all other relevant portions of the Oakley City Code. In order to obtain a conditional use permit for an adult/sex-oriented facility or business, the applicant shall submit an application form with required documentation and accompanied with the appropriate fees. Such application shall satisfy the following requirements in addition to any other requirements under Oakley City Code for conditional use permits:
1. Provide a design and site plan diagramming the premises in accordance with the requirements of this chapter and demonstrating that the business is not located within a one thousand foot radius of any place of worship, park, school, residential zoning district, residential use, licensed child daycare center, public trail, or another adult/sex oriented facility or business as measured in a straight line, without regard to intervening structures, streets or other barriers from the nearest point of the property line of the other site to the nearest point of the property line of the sexually oriented business.
2. For existing buildings, demonstrate compliance with all applicable building, health, fire and other safety and construction codes, or for future buildings, agree to comply with all such codes.
3. Demonstrate compliance or agree to comply with all requirements of this chapter.
4. Provide Identification issued by a federal or state governmental agency with the applicant’s colored photograph, signature, and physical description, proof that the applicant is at least twenty-one years of age, and the identity of each individual authorized by the applicant, if a corporation, partnership or other entity, to receive service of process.
5. A statement that the applicant has not previously had any license related to the operation of an adult/sex oriented business in any jurisdiction revoked for cause or has been convicted within the prior five years of prostitution or promotion of prostitution; dissemination of obscenity or illegal pornographic materials; sale, distribution or display of harmful material to a minor; sexual abuse; sexual abuse of a child; sexual exploitation of children; sexual performance by a child; possession or distribution of child pornography; sexual battery; rape; indecent exposure; indecency with a child; the crimes of criminal pandering, tax violations, embezzlement, or racketeering, if such crimes are directly related to the operation of a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance.
6. A description of the services to be provided by the business with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, including the hours that the business will be open to the public and the methods of promoting the health and safety of employees and patrons and preventing them from engaging in illegal activity.
A public hearing shall be required in all cases prior to the issuance of a conditional use permit. The procedures for issuance of conditional use permits, as found in the appropriate title, shall be followed in all cases. A final decision by the City as to the issuance of a conditional use permit for an adult/sex-oriented facility or business shall be made within ninety (90) days of receipt of a completed application by the City Planning Development, unless a delay is requested or agreed upon by the applicant or where the applicant is causing the delay by not providing needed information.
All adult/sex-oriented facilities and businesses shall comply with the following requirements:
1. Obtain and maintain a business license and all other required licenses and permits.
2. Allow law enforcement and city officers to have access at all times to all premises for inspection.
3. Refuse service to persons under the age of eighteen and exclude such persons from entering areas in which the adult/sex oriented activity occurs.
4. Provide means of fully screening and prohibiting the viewing of any display or exhibition of sexual activity or nude or semi-nude employees from non-patrons.
5. Require all employees to be eighteen years or older, and require all employees to obtain a sexually oriented business employee work license.
6. Prohibit the use of alcohol and other controlled substances on the business premises.
7. Prohibit gambling on the business premises.
8. Prohibit sexual activity on the business premises, which activity includes acts of masturbation, sexual intercourse, fellatio, cunnilingus, or manipulating, caressing or fondling by any person of the genitals, pubic area, breasts, or anus of a human.
9. Prohibit any employee from appear in a state of nudity or semi-nudity unless the employee is at least three feet from patrons and customers and on a stage at least two feet from the floor.
Nonconforming Uses:
1. Right to Continue: Adult/sex oriented facilities and businesses already existing within the City shall have the right to continue in their businesses without a conditional use permit. However, all such businesses shall be subject to compliance with the criteria, mandatory general conditions, and mandatory design of premises conditions, as provided in the Oakley City Code, within ninety (90) days of the adoption of the ordinance codified herein. A time extension may be granted where the City Council determines, on a case-by-case basis, that a hardship exists for a business owner/operator.
2. Change or Extension/Enlargement of Use: Any nonconforming use herein may not be materially changed, nor extended/enlarged unless it comes into compliance with the then existing Development Code.
3. Cessation of Use: If active and continuous operations are not carried on in a nonconforming use during a continuous period of one (1) year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.
Penalty: Violations of any of the provisions of this appendix shall subject the offender to the penalties as provided in this title, other applicable State law, or where no penalty is otherwise provided, a fine of not more than seven hundred fifty dollars ($750.00) and a ninety (90) day jail sentence. Any false statement made in connection with any application, inspection, or license related to an adult/sex oriented business, or any two or more violations of this appendix may result in any permits issued under this appendix being revoked.