APPENDIX C
ADULT/SEX ORIENTED FACILITIES AND BUSINESSES 1
   A.   Findings: The County Council finds that the appropriate location for adult/sex oriented facilities and businesses within the County is within concentrated areas of the County where it can be better regulated by County officials and law enforcement, and outside of residential or recreational (park) areas where the quality of life will not be as greatly impacted. Within the unincorporated County, adult/sex oriented facilities and businesses shall be allowed as a conditional use within the Silver Creek Industrial Park and other industrial areas, as specified herein, and shall conform to the criteria mandated under this subsection and title 3, chapter 5 of this Code, governing such activities. This title and title 10 of this Code are hereby amended to allow adult/sex oriented facilities and businesses as a conditional use in the Industrial (I) Zone (Eastern Summit County) and as a prohibited use in all other zone districts.
   B.   Conditional Use Permit Required: Adult/sex oriented facilities and businesses are conditional uses in existing industrial zones and must be approved in accordance with the provisions of this subsection and title 3, chapter 5 of this Code. In all cases, a design and site plan diagramming the premises shall be provided as part of the application process. A public hearing shall be required in all cases prior to the issuance of a conditional use permit. The procedures for issuance of conditional use permits, as found in the appropriate title, shall be followed in all cases. A final decision by the County as to the issuance of a conditional use permit for an adult/sex oriented facility or business shall be made within ninety (90) days of receipt of a completed application by the County Department of Community Development, unless a delay is requested or agreed upon by the applicant or where the applicant is causing the delay by not providing needed information.
   C.   Nonconforming Uses:
      1.   Right To Continue: Adult/sex oriented facilities and businesses already existing within the unincorporated area of the County shall have the right to continue in their businesses without a conditional use permit. However, all such businesses shall be subject to compliance with the criteria, mandatory general conditions, and mandatory design of premises conditions, as provided in this subsection and title 3, chapter 5 of this Code, within ninety (90) days of the adoption of the ordinance codified herein. A time extension may be granted where the County Council/County Manager determines, on a case by case basis, that a hardship exists for a business owner/operator.
      2.   Change Or Extension/Enlargement Of Use: Any nonconforming use herein may not be materially changed, nor extended/enlarged unless it comes into compliance with the then existing Development Code.
      3.   Cessation Of Use: If active and continuous operations are not carried on in a nonconforming use during a continuous period of one (1) year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.
   D.   Right Of Appeal: All appeals from denials by the Planning Commission of conditional use permit applications shall be as provided in title 10 of this Code, the Eastern Summit County Development Code (this title) (as applicable), and Utah Code Annotated, section 17-27a-701, to the District Court within thirty (30) days of the Planning Commission's final action.
   E.   Penalty: Violations of any of the provisions of this appendix shall subject the offender to the penalties as provided in this title, other applicable State law, or where no penalty is otherwise provided, a fine of not more than seven hundred fifty dollars ($750.00) and a ninety (90) day jail sentence. (Ord. 775, 7-18-2012; amd. Ord. 868, 6-14-2017)

 

Notes

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1. See also title 3, chapter 5 of this Code; see subsection 10-3-5J of this Code for provisions relative to Snyderville Basin.