The purpose and objective of this chapter is to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the interests of the city and its residents, 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. (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002)
10-16-2: DEFINITIONS:
Terms involving sexually oriented businesses which are not defined in this title shall have the meanings set forth in section 3-6-4 of this code. (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002)
10-16-3: LOCATION OF BUSINESSES; RESTRICTIONS:
A. Outcall services shall be permitted in areas zoned C-1 (neighborhood commercial zone), C-2 (general commercial zone) and C-3 (transitional commercial and manufacturing zone).
B. Sexually oriented businesses, except outcall services, shall only be permitted in areas zoned C-3 (transitional commercial and manufacturing zone) under this title, subject to the following additional restrictions: (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002; amd. 2003 Code; Ord. 2004-12, 8-5-2004, eff. 8-5-2004)
1. No sexually oriented business shall be located:
a. Within one thousand feet (1,000') of any school, public park, library or religious institution.
b. Within six hundred feet (600') of any residential use or any agricultural or residential zoning boundary.
c. Within six hundred feet (600') of any other sexually oriented business, except outcall services.
d. Within three hundred fifty feet (350') of any gateway corridor. The distance shall be measured from the right of way boundary.
C. Distance requirements between structures and uses specified in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the property boundaries of the school, public park, religious or cultural activity, residential use, or other sexually oriented business, or from the right of way line of a gateway to the structure of the sexually oriented business.
D. Distance requirements from zoning districts for this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest zoning boundary of a residential or agricultural district to the sexually oriented business structure. (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002)
10-16-4: EFFECT ON NONCONFORMING BUSINESSES:
All existing legal, nonconforming sexually oriented businesses, as of the effective date hereof, or any amendment hereto, shall comply with the provisions of this chapter within nine (9) months from the date the ordinance codified herein is enacted. (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002)
10-16-5: SIGNS:
Notwithstanding anything contrary contained in this code, the more restrictive requirements for signs shall prevail. Signs for sexually oriented businesses shall be limited as follows:
A. No more than one exterior sign shall be allowed.
B. No sign shall be allowed to exceed eighteen (18) square feet.
C. No animation shall be permitted on or around any sign or on the exterior walls or roof of such premises.
D. 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.
E. Only flat wall signs and/or awning signs shall be permitted.
F. Painted wall advertising shall not be allowed.
G. Other than the signs specifically allowed by this chapter, the sexually oriented business shall not attach, construct or allow to be attached or constructed or utilized any temporary sign, banner, light or other device designed to draw attention to the business location. (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002)
Plain City City Zoning Code
CHAPTER 16
SEXUALLY ORIENTED BUSINESSES1
10-16-1: PURPOSE:
The purpose and objective of this chapter is to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the interests of the city and its residents, 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. (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002)
10-16-2: DEFINITIONS:
Terms involving sexually oriented businesses which are not defined in this title shall have the meanings set forth in section 3-6-4 of this code. (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002)
10-16-3: LOCATION OF BUSINESSES; RESTRICTIONS:
A. Outcall services shall be permitted in areas zoned C-1 (neighborhood commercial zone), C-2 (general commercial zone) and C-3 (transitional commercial and manufacturing zone).
B. Sexually oriented businesses, except outcall services, shall only be permitted in areas zoned C-3 (transitional commercial and manufacturing zone) under this title, subject to the following additional restrictions: (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002; amd. 2003 Code; Ord. 2004-12, 8-5-2004, eff. 8-5-2004)
1. No sexually oriented business shall be located:
a. Within one thousand feet (1,000') of any school, public park, library or religious institution.
b. Within six hundred feet (600') of any residential use or any agricultural or residential zoning boundary.
c. Within six hundred feet (600') of any other sexually oriented business, except outcall services.
d. Within three hundred fifty feet (350') of any gateway corridor. The distance shall be measured from the right of way boundary.
C. Distance requirements between structures and uses specified in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the property boundaries of the school, public park, religious or cultural activity, residential use, or other sexually oriented business, or from the right of way line of a gateway to the structure of the sexually oriented business.
D. Distance requirements from zoning districts for this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest zoning boundary of a residential or agricultural district to the sexually oriented business structure. (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002)
10-16-4: EFFECT ON NONCONFORMING BUSINESSES:
All existing legal, nonconforming sexually oriented businesses, as of the effective date hereof, or any amendment hereto, shall comply with the provisions of this chapter within nine (9) months from the date the ordinance codified herein is enacted. (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002)
10-16-5: SIGNS:
Notwithstanding anything contrary contained in this code, the more restrictive requirements for signs shall prevail. Signs for sexually oriented businesses shall be limited as follows:
A. No more than one exterior sign shall be allowed.
B. No sign shall be allowed to exceed eighteen (18) square feet.
C. No animation shall be permitted on or around any sign or on the exterior walls or roof of such premises.
D. 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.
E. Only flat wall signs and/or awning signs shall be permitted.
F. Painted wall advertising shall not be allowed.
G. Other than the signs specifically allowed by this chapter, the sexually oriented business shall not attach, construct or allow to be attached or constructed or utilized any temporary sign, banner, light or other device designed to draw attention to the business location. (Ord. 02-04, 4-8-2002, eff. retroactive to 4-4-2002)