Chapter 10.135


10.135.010    Purpose.

10.135.020    Definitions.

10.135.030    Location of business – Restrictions.

10.135.040    Signs.

10.135.010 Purpose.

The purposes and objectives of this chapter are to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their locations in areas deleterious to the City, 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 shall 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. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-26-010.]

10.135.020 Definitions.

The terms involving sexually oriented businesses that this title does not define shall have the meanings set forth in Title 5 SCC, Business Regulations. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-26-020.]

10.135.030 Location of business – Restrictions.

Except as provided in this chapter, no one shall use any building, structure, or land for the establishment or operation of a sexually oriented business. A person commits an offense if the person operates, or causes to be operated, a sexually oriented business in violation of the provisions of this chapter.

(A) Sexually oriented businesses shall only be permitted as a conditional use in the areas of Syracuse City zoned industrial.

(B) All sexually oriented businesses shall be subject to the following restrictions:

(1) No sexually oriented businesses shall be located within 1,000 feet of:

(a) A church, synagogue, mosque, or building used primarily for religious worship and related religious activities.

(b) A public or private educational or learning facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, libraries, and universities (“school” includes the school grounds but does not include facilities used primarily for another purpose and only incidentally as school).

(c) A public park or recreational area designated for park or recreational activities including, but not limited to, a park, playground, nature trails, City pathways or trails, swimming pools, athletic fields, basketball or tennis courts, pedestrian/bicycle paths, or other similar public land within the City that is under the control, operation, or management of the City Park and Recreation Authorities.

(d) An entertainment business that is oriented primarily towards children or family entertainment.

(e) A boundary of a residential (R-1, R-2, R-3, or PRD) zone or agriculture (A-1) zone district as defined in the Syracuse City land use ordinance.

(f) The property line of a lot devoted to a residential use as defined in the Syracuse land use ordinance.

(2) A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business:

(a) Within 1,000 feet of another sexually oriented business.

(b) Within 1,000 feet of any gateway corridor or major roadway entry into Syracuse City. Such distance shall be measured from the right-of-way boundary.

(3) For the purpose of this section, measurements shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as part of the premises for a sexually oriented business to the nearest property line of the premises of a use listed in subsection (B)(1) of this section. Presence of a City, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

(4) For the purpose of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure wherein each business will locate. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-26-030.]

10.135.040 Signs.

If any of the provisions of this section conflict with the provisions set forth in Chapter 10.45 SCC, the more restrictive requirements for signs shall prevail. Signs for sexually oriented businesses shall be limited as follows:

(A) The building shall have no more than one exterior sign.

(B) No sign shall exceed 18 square feet.

(C) No animation shall be permitted on or around any sign or on the exterior walls, doors, openings 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 on or around any sign. Said signs shall contain alphanumeric copy only.

(E) Signs shall be only flat wall signs and/or awning signs.

(F) There shall be no painted wall advertising.

(G) Other than signs specifically allowed by this chapter, sexually oriented businesses shall not attach, construct, or allow the attachment or construction of any temporary signs, banners, lights, or other devices designed to draw attention to the business location. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-26-040.]