A. Purpose Statement: The purpose of this section is to establish reasonable and uniform regulation to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the community of Salt Lake City and to regulate the signage of such businesses to control the adverse effects of such signage and to prevent their inappropriate exposure to the community. The provisions of this section are to be construed as a regulation of time, place, and manner of the operation of these businesses consistent with the limitation provided by provisions of the United States and Utah Constitutions.
B. Zoning Districts In Which Sexually Oriented Businesses Are Permitted: Subject to the additional restrictions set forth in this title, sexually oriented businesses shall be permitted in the zoning districts indicated in the land use tables of this title pursuant to conditional site plan review by the Planning Commission as provided in subsection D of this section.
C. Nonconforming Sexually Oriented Businesses: For the purposes of this title, a legal nonconforming sexually oriented business may not be enlarged, expanded, or extended to occupy all or a part of another structure or site or be extended to occupy additional space or square footage within the same structure that it did not occupy pursuant to Salt Lake City approval.
1. A valid, existing sexually oriented business shall not be deemed nonconforming for purposes of this subsection C as the result of the subsequent location of a use specified in subsection F1, F2, or F3 of this section.
D. Sexually Oriented Businesses Conditional Site Plan Review Required: The Planning Commission shall conduct a conditional site plan review for all sexually oriented businesses within the guidelines set forth in both this chapter and all other applicable sections of this title. The following list identifies the circumstances that shall require that a sexually oriented business come before the Planning Commission for conditional site plan review:
1. A project where new construction and site development of a sexually oriented business is involved;
2. A project where the conversion of a structure(s) into a sexually oriented business is being considered; or
3. A project where an existing sexually oriented business is contemplating an addition or expansion that would have at least one or more of the following effects:
a. Alteration of traffic flows by way of ingress, egress, or within the site itself.
b. Alteration or rearrangement of on site parking which results in a reduction or increase in the number of parking spaces or placement within a required yard area.
c. Addition to structure that increases the existing floor area.
d. The construction of additional off street parking areas to support a sexually oriented business.
e. Alteration of existing signage, including the location and/or design. An alteration shall not be interpreted to include changing the text or copy on signs that are designed to accommodate changeable copy.
4. If a sexually oriented business does not fall under any of the categories listed in subsections D1 through D3 of this section, it shall not be subject to Planning Commission review; however, it shall comply with all distance and signage requirements as specified for sexually oriented businesses in this Code, including, without limitation, subsections F1 through F4 of this section.
E. Application For Sexually Oriented Business Conditional Site Plan Review: Applications for conditional site plan review may be obtained from the City license authority and should be returned to the same when completed. The application for a conditional site plan review shall be filed with the City license authority on the same day that the application for a sexually oriented business license, if applicable, is filed with the license authority. The application for a conditional site plan review shall include the items listed in section 21A.58.060 of this title.
F. Standards For Sexually Oriented Business Conditional Site Plan Review: The Planning Commission shall conduct a conditional site plan review for sexually oriented businesses for compliance with the following standards:
1. Required Distance From Other Uses: No sexually oriented business shall be located within a one thousand foot (1,000') radius of any place of worship, park, school, residential zoning district, residential use, or licensed child daycare center, 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 school, park, place of worship, residential zoning district, residential use, or licensed child daycare center, to the nearest point of the property line of the sexually oriented business. For the purpose of this section, "park" shall include any public recreation or public open space that operates as a public gathering place, including a park, playground, swimming pool, golf course, athletic field, plaza, square, library grounds, and/or designated trail.
2. Required Distance From Gateway Corridors: No sexually oriented business shall be permitted to locate within one hundred sixty five feet (165') of any gateway corridor identified in subsection F6 of this section, as measured in a straight line, without regard to intervening structures, streets or other barriers, from the nearest point of the gateway corridor street right-of-way line to the nearest point of the property line of the sexually oriented business. If any block shall be surrounded on all four (4) sides by a designated gateway, then no sexually oriented business shall be permitted in that block.
3. Required Distance From Landmark Sites: No sexually oriented business shall be permitted within a three hundred thirty foot (330') radius of any landmark site. The distance shall be measured from the nearest point of the property line of the landmark site to the nearest point of the property line of the sexually oriented business without regard to intervening structures, streets or other barriers.
4. Concentration Prohibited: No sexually oriented businesses shall be allowed within a one thousand foot (1,000') radius of another sexually oriented business. The distance shall be measured from the nearest point of the property line of the existing sexually oriented business to the nearest point of the property line of the proposed sexually oriented business without regard to intervening structures, streets or other barriers.
5. Sign Regulations: Sexually oriented business signs shall be limited as follows:
a. No more than one sign shall be allowed on sexually oriented business premises;
b. No sign on the sexually oriented business premises shall be allowed to exceed eighteen (18) square feet;
c. No animation shall be permitted on or around any sexually oriented business sign or on the exterior walls or roof of the premises;
d. 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 which shall contain alphanumeric copy only;
e. Only flat wall signs shall be permitted for any sexually oriented business;
f. Painted signs or painted wall advertising shall not be allowed; and
g. Other than the signs specifically allowed by this title, the sexually oriented business shall not construct or allow to be constructed any temporary sign, banner, light, or other device designed to draw attention to the business location.
6. Gateway Corridors: For the purposes of regulating sexually oriented businesses, gateway corridors shall include:
a. Beck Street from the northern City limits becoming 300 West Street to 900 South Street;
b. 600 South Street from 200 East Street to 500 West Street;
c. 500 South Street from 200 East Street to 500 West Street;
d. Main Street from 700 South Street to North Temple Street;
e. State Street from 600 South Street to North Temple Street;
f. West Temple Street from 900 South Street to North Temple Street;
g. 400 West from 900 South Street to Beck Street;
h. 500 West from 600 South Street to North Temple Street;
i. 400 South from 900 West to 200 East;
j. 200 West from 900 South to 700 South; and
k. 700 South from 200 West to Main Street.
7. Modifications May Be Required: The Planning Commission may require modifications to a proposed sexually oriented business conditional site plan as it relates to traffic and parking, site layout, environmental protection, landscaping, and signage in order to achieve the objectives set forth in section 21A.58.040 of this title.
G. Payment Of Fee: The application shall be accompanied by the application fee shown on the Salt Lake City consolidated fee schedule, plus the cost of first class postage for required notification mailing. No application shall be considered complete unless accompanied by fee payment.
H. Public Hearing Notice Requirements: The Planning Commission shall hold at least one public hearing to review, consider and approve, approve with conditions, or deny a conditional site plan review application after public notification pursuant to chapter 21A.10 of this title.
I. Completion Of Review Process: The City shall complete its review process within thirty (30) days of the day a complete sexually oriented business conditional site plan review application is filed. (Ord. 46-17, 2017)