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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)
A. Purpose Statement: The purpose of the provisions of this section is to regulate the establishment and operation of fraternities and sororities in residential areas of the City in order to ensure their compatibility with the character of existing residential neighborhoods adjacent to a university and to preserve the peacefulness and privacy of residents.
B. Area In Which Permitted: A fraternity or sorority house occupied exclusively by the faculty or students of any college or university (together with appropriate supervisory personnel) and supervised by the authorities thereof shall only be established within the following boundaries:
Commencing at the southeast corner of Butler Avenue and University Street said point also being the northwest corner of Lot 1 Block 4 Federal Heights Subdivision, a subdivision of the Northwest 1/4 Section 4, T.1.S., R.1.E. SLB&M and running north 89°58'3" east 50 feet; thence southeasterly along a 220 foot radius curve to the right 86.34 feet to the northeast corner Lot 5 said Block 4; thence south 22°27'30" west 146.5 feet to the center line of a 14 foot alley; thence southeasterly along a 73.5 foot radius curve to the right (along the center line of said alley) 28.51 feet; thence south 45°1'57" east along the center line of said alley 224.48 feet to the center line of an east-west running alley; thence north 89°57'30" east along the center line of said alley 305.56 feet more or less to the east line of Butler Avenue; thence northwesterly along a 149 foot radius curve to the left (the east line of Butler Avenue) 70.12 feet more or less to the northwest corner of Lot 57 Block 3 Federal Heights Subdivision; thence north 68°12'52" east 180 feet more or less to the center line of an existing alley; thence southeasterly along a 460.75 foot radius curve to the left (center line of said alley) 113.57 feet; thence north 10°8'59" east 135.0 feet to the south line of Federal Way; thence easterly along 325.75 foot radius curve to the left 58.12 feet to the west line of Wolcott Street; thence north 89°58'3" east 228.8 feet along the south line of Federal Way to the center line of an existing alley; thence south along the center line of the existing alley 325.00 feet to the north line of 100 South Street; thence west along the north line of 100 South Street 730.56 feet to the southwest corner of Lot 33 Block 4 Federal Heights Subdivision; thence north 70°46'57" west 112.71 feet; thence northwesterly along a 38.0 foot radius curve to the right 29.72 feet to a point on the east line of University Street said point being 52.85 feet south of the northwest corner Lot 38 Block 4 Federal Heights Subdivision; thence north 0°2'30" west 385.28 feet to the point of beginning.
C. Supervision Defined: The phrase "supervised by the authorities" of the college or university, as used in this section, and as also applicable to any existing fraternity or sorority house outside the boundaries set forth above which may have a nonconforming use right, shall be defined to require the following:
1. On or before September 1 of each year, and at such other times as the Planning Director may deem such a certification appropriate, each college or university having students or faculty residing in a fraternity or sorority house shall certify to the City, by filing a declaration with the Planning Director, that the college or university has promulgated, adopted and is monitoring compliance with rules concerning fraternity or sorority houses. All rules concerning fraternity or sorority houses promulgated and adopted by any college or university pursuant to this section shall, at a minimum, require the following:
a. No one under twenty one (21) years of age shall be allowed to consume alcoholic beverages on the premises of any fraternity or sorority (the term "premises" shall include all areas owned, controlled or routinely used by the fraternity or sorority, including parking areas);
b. No charge shall be levied for the purchase of alcoholic beverages consumed on the premises;
c. No admission charge shall be levied at any activity on the premises of any fraternity or sorority at which alcoholic beverages are consumed;
d. No funds of any fraternity or sorority shall be used to purchase alcoholic beverages and that no collection of funds shall be made by any fraternity or sorority, or any members thereof, for the purposes of purchasing alcoholic beverages to be consumed on the premises of any fraternity or sorority;
e. At any activity on the premises of any fraternity or sorority where alcoholic beverages are consumed, there shall be food and alternative nonalcoholic beverages readily and visibly available for consumption;
f. Except with respect to certain philanthropic activities as defined by the relevant college or university, only individuals bearing: 1) a personal invitation issued in advance, 2) an admission ticket issued in advance, or 3) identification of membership in the fraternity/sorority system of the relevant college or university shall be allowed to attend any activity on the premises of a fraternity or sorority;
g. At any "philanthropic" function on the premises benefiting a recognized nonprofit organization sponsored by the fraternity or sorority, no alcohol may be present, sold or consumed;
h. At any gathering, other than for a regularly scheduled chapter meeting or a regularly scheduled meal time, involving sixty (60) or more people on the premises of any fraternity or sorority, at which alcoholic beverages are served or consumed, the hosting fraternity/sorority shall hire uniformed Category 1 or 2 peace officers employed by the relevant college or university or the City in reasonable numbers, as may be determined by the relevant college or university, to assist in checking admission, checking identification and monitoring compliance with all applicable City and County ordinances, State laws and college or university regulations, and, furthermore, that a representative of at least twenty one (21) years of age from the hosting fraternity or sorority's house corporation be present at all times during such a gathering;
i. No activities on the premises of any fraternity or sorority shall occur before eight o'clock (8:00) A.M. and activities shall close before eleven o'clock (11:00) P.M. on all nights except Friday, Saturday and the day before any legal holiday, on which day such activities shall close by twelve o'clock (12:00) midnight;
j. No band performances, amplified music or other activities shall take place outside on the premises of any fraternity or sorority between the hours of ten o'clock (10:00) P.M. and nine o'clock (9:00) A.M. and any activities taken place outside or inside the premises of any fraternity or sorority at other times shall otherwise comply with all applicable City and County ordinances, State laws, and college or university regulations;
k. No public lewd, obscene, or licentious activities will be sponsored or permitted on the premises by the fraternity or sorority;
l. After any activity on the premises of any fraternity or sorority, the sponsoring entity must clean the exterior of the fraternity or sorority's property and all nearby property on which debris or garbage from the activity has been deposited by ten o'clock (10:00) A.M. the following morning;
m. Each fraternity or sorority chapter shall have in place a risk management policy; and
n. The appearance and landscaping of the premises of any fraternity or sorority shall be accomplished and maintained in a manner that is harmonious with the residential character of the surrounding neighborhood.
D. Twenty Four Hour Telephone Line Required: Any college or university having students or faculty residing on the premises of any fraternity or sorority shall maintain a twenty four (24) hour telephone line for purposes of:
1. Receiving complaints regarding a fraternity or sorority's failure to abide by any applicable City or County ordinances, State laws, or college or university regulations and maintaining a permanent log thereof; and
2. Dispatching the appropriate university or law enforcement personnel regarding enforcement of college or university rules and regulations, but reserving to the City Police Department primary law enforcement duties.
E. Effect On Existing Penal Provisions: Nothing in this section defining supervision shall be deemed to amend or modify any penal provision(s) of County, City or State law. Any college or university having students or faculty residing on the premises of any fraternity or sorority shall provide, at its own expense or at the expense of the fraternity and sorority houses, a two (2) officer roving police patrol in the area occupied by the college or university's fraternities and sororities between the hours of nine o'clock (9:00) P.M. and one o'clock (1:00) A.M. on Friday and Saturday evenings during the college's or university's academic year, which patrol shall be in radio contact with the dispatcher provided for the foregoing subsection and which shall, as its sole responsibility, be responsible for monitoring compliance by all such fraternities and sororities with all applicable City and County ordinances, State laws, and college or university regulations. (Ord. 81-97 § 1, 1997: Ord. 26-95 § 2(18-15), 1995)
A. Mobile Food Business Allowed:
1. Persons selling food or beverages from mobile food businesses may do so by use of private property only, unless otherwise permitted under title 5, chapter 5.69 of this Code. Use of private property by mobile food businesses shall be arranged with the real property owner and proof of such property owner authorization shall be required prior to the issuance of a business license.
2. Mobile food businesses are allowed only within the SNB, CN, CB, CS, CC, CSHBD, CG, TSA, M-1, M-2, D-1, D-2, D-3, D-4, G-MU, RP, BP, UI, MH, MU, R-MU, R-MU-35, and R-MU-45 Zones, in accordance with the provisions of this section.
3. Provisions found in this section shall not apply to vending carts, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses that are specifically authorized by this title or other City ordinances.
B. Business License And Fees Required: No mobile food business shall continue in operation unless the holder thereof has paid an annual business regulatory fee and has met all applicable requirements as set forth in section 5.04.070 of this Code, or its successor section for each mobile food business.
C. Separate Applications: Separate business license applications may be required for each mobile food business. Separate business license fees shall be required for each mobile food business vehicle operating under one business license.
D. Business Activity To Be Temporary: All business activity related to mobile food businesses shall be of a temporary nature subject to the requirements below:
1. A mobile food truck may not park in one individual location for more than twelve (12) hours during any twenty four (24) hour period.
2. The mobile food truck shall be occupied by the owner or operator thereof at all times.
3. No overnight parking is allowed.
E. Location And Placement Requirements: The business operating location must be on private property, on City streets as defined in title 5, chapter 5.69 of this Code, within the specified zones, or as otherwise authorized by applicable City ordinance, subject to the requirements below:
1. Parking on a park strip, or otherwise landscaped area is not allowed.
2. A mobile food business shall park on a hard surface. Alternatives to asphalt and cement may be approved by the transportation engineer if the applicant is able to demonstrate that the alternative will not result in the accumulation of debris on the City right-of-way.
3. Mobile food business vehicles must be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses, or in such a manner as to create a traffic hazard.
4. No mobile food business shall occupy required parking stalls of the primary use.
5. No mobile food business shall interfere with the internal parking lot circulation.
6. Mobile food businesses shall not use the public right-of-way unless otherwise allowed by ordinance.
7. Any auxiliary power required for the operation of the mobile food truck shall be self-contained. No use of public or private power sources are allowed without providing written consent from the owner.
8. Unless licensed prior to January 1, 2013, a parked mobile food business shall conform to all requirements in the Salt Lake City vehicle idling ordinances (title 12, chapter 12.58 of this Code).
9. All materials generated from a mobile food business that are to be disposed of should be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system. (Sections 17.84.100, prohibition of discharge into storm drain system; 17.36.220, prohibition against opening manhole covers, of this Code.)
10. Mobile food businesses shall comply with all other applicable City ordinances.
Provisions found in this section shall not apply to downtown vendors, vending carts, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses that are specifically authorized by this title or other City ordinances.
F. Design And Operation Guidelines: Mobile food trucks operating in the public right-of-way shall comply with the following design requirements:
1. Mobile food truck vehicles shall be designed to meet all applicable Salt Lake Valley Health Department requirements relating to the handling and distribution of food.
2. The mobile food truck shall not have a drive-through.
3. Mobile food truck vehicles shall be kept in good operating condition, no peeling paint or rust shall be visible.
4. No mobile food truck vehicle operating in the public right-of- way shall operate within the same block face as another mobile food vendor at any one time.
5. No mobile food truck vehicle shall operate within one hundred feet (100') on the same linear block face of a door to a restaurant, mobile food vendor, food cart, or City authorized special event selling food, except:
a. The above requirement may be waived if the application is submitted with the written consent of the proprietor of such restaurant or shop. The consent shall be on forms deemed appropriate by the Business License Administrator. Such waiver shall not exempt the applicant from compliance with the other location and distance restrictions of this section.
6. All grounds utilized by a mobile food business shall at all times be maintained in a clean and attractive condition.
7. Trash and recycling containers shall be provided for use of the business patrons.
8. Mobile food businesses shall source local products when available.
9. Any enclosures or canopy extensions must be integrated into the design of the mobile food business vehicle and must not project onto the public sidewalk or any other part of the public right-of-way not authorized by the Transportation Division.
G. Signs: No signs shall be used to advertise the conduct of a mobile food business at the premises other than that which is physically attached to the vehicle, except temporary signs authorized by section 21A.46.055 of this title.
H. Professional And Personal Services Prohibited: The performance of professional or personal services for sale shall not be provided from a mobile food business.
I. Approved Kitchen: If the mobile food business includes an area for food preparation and/or sale, it must be approved by the Salt Lake Valley Health Department. (Ord. 46-17, 2017: Ord. 24-12, 2012)
A. Mobile Food Courts A Conditional Use:
1. Operating a mobile food court is unlawful without first obtaining conditional use approval subject to the qualifying provisions written below as well as those in chapter 21A.54 of this title.
2. Mobile food courts are allowed by administrative conditional use approval only within the M-1, M-2, D-1, D-2, D-3, D-4, G-MU, in accordance with the provisions of this chapter.
3. Provisions found in this section shall apply to mobile food businesses, vending carts, and seasonal farm stands that are specifically authorized by this title or other City ordinances.
B. Qualifying Provisions:
1. A mobile food court is required to be on a parcel of at least two thousand (2,000) square feet in size.
2. No less than two (2) and no more than ten (10) individual mobile food businesses or other authorized vendors are allowed on a parcel.
3. No participating mobile food business or other authorized vendor shall continue in operation at the mobile food court unless the holder thereof has paid an annual business regulatory fee as set forth in section 5.04.070 of this Code, or its successor section.
4. All requirements of chapter 21A.48, "Landscaping And Buffers", of this title and section 21A.36.020, "Conformance With Lot And Bulk Controls", of this chapter, or their successor chapter or section shall be met prior to the issuance of a permit.
5. Mobile food courts are for the sale of food products only. Retail sale of nonfood items is not permitted.
6. A master sign plan for the mobile food court shall be submitted for review and approval as part of the conditional use process. The plan shall provide information relating to permanent signs for the court, as well as individual signs for each business.
7. All the proposed activities will be conducted on private property owned or otherwise controlled by the applicant and none of the activities will occur on any public right-of-way.
8. The proposed mobile food court will not impede pedestrian or vehicular traffic in the public way.
9. The proposed mobile food court complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for the property.
10. All activities associated with a mobile food court must comply with all Salt Lake Valley Health Department requirements.
11. A detailed site plan demonstrating the following is required:
a. The location and orientation of each vendor pad.
b. The location of any paving, trash enclosures, landscaping, planters, fencing, canopies, umbrellas or other table covers, barriers or any other site requirement by the International Building Code, or Health Department.
c. The location of all existing and proposed activities on site.
d. The circulation of all pedestrian and vehicle traffic on the site.
e. The mobile food court shall not occupy required parking stalls of any primary use of the site.
12. Live music will not be performed nor loudspeakers played in the mobile food court area unless the decibel level is within conformance with the Salt Lake City noise control ordinance, title 9, chapter 9.28 of this Code.
13. Hard surface paving at the vehicular entrance to the mobile food court, and for each individual mobile food business is required. Alternatives to asphalt and cement may be approved as part of the conditional use process if the applicant is able to demonstrate that the alternative will not result in the accumulation of mud or debris on the city right-of-way. (Ord. 67-22, 2022: Ord. 46-17, 2017: Ord. 24-12, 2012)
A. Purpose: The purpose of environmental performance standards is to help ensure that the activities and processes employed by any use protect the environment, and the use and enjoyment of nearby properties by limiting the emission of potentially harmful noise, vibration, air pollution, odor and other forms of environmental impacts.
B. Scope Of Regulation: Any use established in any district after April 12, 1995, shall be operated as to comply with applicable performance standards governing noise, vibration, air pollution, odors, fire and explosion hazards and toxic substances. No use already established on April 12, 1995, shall be altered, enlarged, expanded or modified as to conflict with the performance standards applicable to such uses.
C. Review By Other Agencies: In determining the compliance of any proposed use with applicable performance standards pursuant to this section, the Zoning Administrator may require an applicant for a zoning certificate to obtain review and comments upon the application as proposed from State and County agencies listed on the table below, or their successor agencies, as deemed necessary. See table of concurrent regulatory agencies below:
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