The purpose and object of this article is to establish uniform and reasonable regulations to prevent the concentration of sexually oriented businesses or their locations in areas deleterious to the community, to regulate the signs of such businesses, to control the adverse effects of such signs, and to prevent inappropriate exposure to the community. This ordinance by its terms is designed to prevent crime, protect the city's retail trade, maintain property values, and generally protect and preserve the quality of the city's neighborhoods, commercial districts, and the quality of urban life. This ordinance is not designed to suppress the expression of unpopular views. This article is to be construed as a regulation of time, place and manner of the operation of these businesses consistent with the limitations provided by the United States and Utah Constitutions.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

For purposes of this article, the following terms shall have the meanings defined in this section:

Sexually oriented businesses shall only be permitted in areas zoned M2 under Section 22-9-1 of the Orem City Code. Sexually oriented businesses are subject to the following additional restrictions:

1. No sexually oriented business shall be located within a one-thousand-foot (1000') radius of any church, park, school, or residential zone, as measured by a straight line without regard to intervening structures. The distance is measured from the property line of the church, park, school, or residential zone nearest the sexually oriented business and the property line of the sexually oriented business nearest the church, park, school, or residential zone.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

2. No sexually oriented business shall be permitted within one hundred sixty-five feet (165') of any gateway.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

3. No sexually oriented business shall be permitted within three hundred feet (300') of any historic building or site. The distance shall be measured from the property line of the historic building or site nearest the sexually oriented business and the property line of the sexually oriented business nearest the historic building or site.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

No sexually oriented business shall be allowed within one thousand feet (1000') of any other sexually oriented business, measuring a straight distance from the nearest property line of the one business to the nearest property line of the other business.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Notwithstanding any contrary provision contained in Chapters 14 and 22 of this Code, sexually oriented business signs shall be limited as follows:

1. No more than one sign promoting or identifying the sexually oriented business shall be allowed on any sexually oriented business premises;

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Off premise signs are prohibited.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

3. No sign on the sexually oriented business premises promoting or identifying the sexually oriented business shall be allowed to exceed eighteen (18) square feet;

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

4. No animation shall be permitted on or around any sexually oriented business sign or on the exterior walls or roof of the premises;

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

5. No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sexually oriented business sign. The sign shall contain alpha-numeric copy only;

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Signage is limited to one flat wall sign and shall not project more than twelve inches (12") from the wall to which it is attached.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

7. Painted wall advertising shall not be allowed;

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

8. Other than the flat wall sign specifically allowed by this article, sexually oriented businesses shall not construct or allow to be constructed any other type of sign including those types of signs listed in CHAPTER 14 of the Orem City Code, or use any light or other device designed to draw attention to the business location.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

If any provision or clause of this chapter or the application 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 herein which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this chapter are declared to be severable.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Gateway means:

1. 1. 1300 South;
   2. Center Street, east of I-15;
   3. 800 North, east of I-15;
   4. 1600 North, east of I-15;
   5. State Street, in its entirety within the limits of the City.
   6. Geneva Road between 800 South and 1500 South;

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Historic buildings or sites ​means those buildings or sites found on either the national or state historic registers, or the City register of cultural and historic resources.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Public park means a park, playground, swimming pool, golf course or athletic field within the City which is under the control, operation or management of the City's Public Works or Recreation Department.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Religious institution ​means a building which is used primarily for religious worship and related religious activities.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

School means an institution of learning or instruction primarily catering to minors, whether public or private, which is licensed as such a facility either by the City or the State. This definition shall include nursery schools, kindergartens, elementary schools, junior high schools, senior high schools, or any special institution of learning under the jurisdiction of the State Department of Education, but not including trade schools, charm schools, dancing schools, music schools or similar limited schools, nor public or private universities or colleges.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Sexually oriented business means any business for which a sexually oriented business license is required pursuant to the sexually oriented business license ordinance set out in CHAPTER 12, Article 7 of the Orem City Code.

(Ord. No. O-92-009, Enacted, 05/26/1992; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901