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Sugar City City Zoning Code

9-9 SEXUALLY

ORIENTED BUSINESS

9-9-1 PURPOSE AND INTENT

  1. The purpose of this chapter is to promote the public health, safety, morals, and general welfare by regulating adult entertainment, sexually oriented businesses and related uses.
  2. The intent of this chapter is not to limit or restrict, by purpose or effect, the content or form of any materials, including sexually oriented materials. Neither is it the intent, by purpose or effect, to condone or legitimize distribution or exhibition of obscene materials.

HISTORY
Adopted by Ord. 293 on 4/28/2011

9-9-2 DEFINITIONS

  1. Terms involving adult entertainment and sexually oriented businesses shall have the meaning set forth in SCC 9-2.
  2. Furthermore, the terms "adult" and "sexually oriented" shall include, but not be limited to, the following types of establishments and activities related to them: adult arcades, adult bookstores, adult video stores, adult motels, adult movie theaters, viewing rooms/booths, nudity in sexually oriented businesses, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, nude dancing establishment.

HISTORY
Adopted by Ord. 293 on 4/28/2011

9-9-3 LOCATION OF BUSINESS

  1. No person, whether as principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place, maintain, own, or operate any sexually oriented business within one thousand feet (1,000') of any residential zoning district or area designated residential on the comprehensive plan land use map.
  2. No person, whether as principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place, maintain, own, or operate any sexually oriented business within two thousand five hundred feet (2,500') of the following land uses:
    1. Public library;
    2. Public playground or park;
    3. Public or private school and its grounds; from kindergarten through twelfth grade;
    4. A state licensed family daycare facility, group daycare home, or daycare center; or
    5. Church or other place of worship.
  3. No person, whether as principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place, maintain, own, or operate any sexually oriented business within one thousand feet (1,000') of another sexually oriented business.
  4. For purposes of this section, specified distances will be measured in a straight line, without regard to intervening structures, from the property line of the sexually oriented business to the property line of the preceding land uses or zoning districts.
  5. Sexually oriented business may be permitted only in the following zoning districts and there only by special use permit:
    1. Highway commercial (C3) zone.
    2. Light manufacturing (M1) zone.

HISTORY
Adopted by Ord. 293 on 4/28/2011

9-9-4 SIGNS

Notwithstanding any other city ordinance or city resolution, code or regulations to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for a sexually oriented business other than one sign as provided herein and except as provided in subsection D of this section.

  1. The sign shall have only one display surface, and the display surface shall:
    1. Not contain any flashing lights or moving effects;
    2. Be a flat plane, rectangular in shape;
    3. Not exceed twenty five (25) square feet in area or the maximum size allowed under any other relevant city ordinance or county resolution, whichever is less; and
    4. Not exceed ten feet (10') in height or ten feet (10') in length or the maximum height allowed under any other relevant city ordinance or county resolution, whichever is less.
  2. The sign shall contain no photographs, silhouettes, drawings or pictorial representations of any type and may contain only the name of the business.
  3. Each letter of each word shall be of a solid color, and each letter shall be the same print type, size, and color. The background on the display surface shall be of uniform and solid color.
  4. A sign shall be posted on each door stating "Adults Only" or "No Minors Allowed". Such signs shall comply with subsections A1, A2, B and C of this section.

HISTORY
Adopted by Ord. 293 on 4/28/2011

9-9-5 DEVELOPMENT STANDARDS

  1. A sexually oriented business shall be subject to all development standards of the zoning district in which it is located, including, but not limited to, setbacks, building height, projections, design standards, parking, etc.
  2. No merchandise or representations of products or entertainments shall be displayed in windows or in such a way that they can be viewed or perceived from outside the building.

HISTORY
Adopted by Ord. 293 on 4/28/2011