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017 of 2004 - modifying regulations relating to Sexually Oriented Businesses 0 04-1 • i 0 03-23 SALT LAKE CITY ORDINANCE No. 17 of 2004 (Amending Zoning and Licensing Regulations for Sexually Oriented Businesses) AN ORDNANCE AMENDING ZONING AND LICENSING REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES. WHEREAS, Section 10-8-84, UTAH CODE ANN., 1953, as amended, authorizes the City to enact and amend ordinances to protect the health, safety, and welfare of the inhabitants of the City, including the power to regulate sexually oriented businesses; and WHEREAS, in 1988 the City Council addressed a growing concern regarding the blighting and degrading effect on certain neighborhoods in the City from a concentration of sexually oriented adult entertainment business in such neighborhoods, held public hearings regarding sexually oriented businesses, and relied on the findings and experiences of cities including Seattle, Los Angeles,Dallas, and others concerning the effects and regulations of sexually oriented businesses; and WHEREAS, the City Council in 1988 determined sexually oriented businesses have a deleterious effect on existing businesses and the residential areas adjacent to them, causing increased crime and the degrading of property values, urban blight, and the downgrading of the quality of life in adjacent areas; and WHEREAS, thereafter, the City Council adopted Ordinance No. 21 of 1988 (the"1988 Ordinance"), enacting SALT LAKE CITY CODE, Chapter 5.61,which regulates sexually oriented businesses in the City; and WHEREAS, in 1995 the City Council adopted an ordinance (the "1995 Ordinance") enacting SALT LAKE CITY CODE Section 21A.36.140, which also regulates sexually oriented businesses, including specifying the zoning districts in which such businesses are allowed; and WHEREAS, in September 2003, the City Council adopted Salt Lake City Ordinance No. 69 of 2003, which became effective October 1, 2003, enacting temporary zoning regulations pursuant to UTAH CODE ANN., Section 10-9-404, for sexually oriented businesses in certain zoning districts (the"Temporary Zoning Regulations"); and WHEREAS, the Temporary Zoning Regulations were to remain in effect for a period not to exceed six (6)months from their effective date, which was October 1, 2003, or until the effective date of any ordinance passed by the City Council that may amend the City's regulations relating to sexually oriented businesses,whichever occurs first; and WHEREAS, the Salt Lake City Planning Division opened Petition 400-04-09 on request by the City Council to review and analyze zoning regulations relating to sexually oriented businesses; and WHEREAS, on February 19, 2004, the Salt Lake City Planning Division staff held a duly noticed "open house" for public comment on zoning regulations relating to sexually oriented businesses; and WHEREAS, on March 4, 2004, the Salt Lake City Planning Division submitted its Staff Report recommending that the Salt Lake City Planning Commission forward a positive recommendation to the City Council to adopt specified amendments to the SALT LAKE CITY CODE pertaining to sexually oriented businesses; 2 , WHEREAS, on March 10, 2004, the Salt Lake City Planning Commission, at a duly noticed meeting following a duly noticed public hearing, voted unanimously to forward a positive recommendation to the City Council to adopt amendments to the SALT LAKE CITY CODE pertaining to sexually oriented businesses identified as Items 1 through 15 in the Salt Lake City Planning Division's March 4, 2004, Staff Report and in addition relating to pre-existing sexually oriented business uses and the definition of open space; and WHEREAS, on March 16, 2004, the City Council held a duly noticed public work session on the proposed ordinance; and WHEREAS, on March 18, 2004, the City Council held a duly noticed public hearing on the proposed ordinance; and WHEREAS, since the adoption of the 1988 Ordinance and the 1995 Ordinance, the City Council has reviewed studies, or summaries of reports of studies reviewed by its staff, from the following cities or counties,which demonstrate that adverse secondary effects result to cities from sexually oriented businesses: Houston, Texas; Oklahoma City, Oklahoma; Phoenix, Arizona; Beaumont, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Cleveland, Ohio; Austin, Texas; Minneapolis, Minnesota; Seattle, Washington; Tucson, Arizona; Whittier, California; Garden Grove, California; Ellicottville, New York; Adams County, Colorado; Denver, Colorado; Kansas City,Missouri; Islip,New York;New York,New York; Dallas, Texas; and Newport News, Virginia; and WHEREAS, the City Council finds that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics,particularly when they are operating in close proximity to each other, thereby contributing to crime, lower property values, higher 3 occupancy turnover,neighborhood deterioration,urban blight,and downgrading of the quality of life in the areas adjacent to such businesses;and WHEREAS,the City Council finds that increased crime and unhealthful conduct to accompany,concentrate around,and be aggravated by sexually oriented businesses,including but not limited to prostitution,pandering,exposing minors to harmful materials,possession and distribution of obscene materials and child pornography,possession and sale of controlled substances,and violent crimes against persons and property;and WHEREAS,the City Council finds that concern over sexually transmitted diseases, including AIDS,is a legitimate health concern of the City,which demands reasonable regulation of sexually oriented businesses in order to protect the health and wellbeing of the citizens;and WHEREAS,the City Council finds that there is a deterioration in the quality of businesses which choose to operate in and around sexually oriented businesses;and WHEREAS,the City Council has determined based on its review of such studies,or summaries of or reports regarding such studies and its knowledge of the size,demographics and characteristics of the City,that the same or similar adverse effects of sexually oriented businesses have occurred or will occur in the City;and WHEREAS,the City Council believes that such evidence contained in such studies is relevant to the problem regarding sexually oriented businesses that the City addresses,and WHEREAS,the City Council has a significant governmental interest in minimizing and controlling these adverse secondary effects and thereby protecting the health,safety,and welfare of the citizens;protecting the citizens from increased crime;preserving the quality of life; preserving property values and the character surrounding neighborhoods and businesses; 4 deterring the spread of urban blight;protecting against the threat to health from the spread of communicable and social diseases;and WHEREAS,the City Council has been advised that findings regarding adverse secondary effects are incorporated in cases of the United States Supreme Court and other courts regarding local regulations of sexually oriented business,including but not limited to:Young v.American Mini-Theatres,Inc.,417 U.S.50(1976);Renton v.Playtime Theatres,475 U.S.41,(1986); FW/PBS,Inc v.Dallas,493 U.S.215(1990);Barnes v. Glen Theatre,501 U.S.560(1991);City of Erie v.Pap's A.M., 529 U.S.277(2000);City of Los Angeles v.Alameda Books, 535 U.S.425 (2002);Z.J Gifts D-1,L.L.C.v.City of Aurora, 136 F.3d 683(10`h Cir.1998);and Essence,Inc. v. City of Federal Heights,285 F.3d 1272)10`h Cir.2002);and WHEREAS,the City Council finds that zoning regulations are legitimate,reasonable means of assuring that sexually oriented businesses are located in places that minimize the adverse secondary effects which naturally accompany their operations;and WHEREAS,the City's current zoning regulations permit sexually oriented businesses in certain zoning districts;and WHEREAS,the City is vitally interested in preventing the deterioration of the downtown area and in encouraging and revitalizing retail and other businesses in the downtown area,and the City Council finds that allowing the adverse secondary effects caused by sexually oriented businesses in the downtown area would significantly harm such revitalization efforts;and WHEREAS,the City Council has received numerous complaints from residents and business owners in the City regarding the presence of sexually oriented businesses in the downtown area;and 5 WHEREAS, the City Council has now determined that the City's existing regulations concerning sexually oriented businesses should be modified to protect against these adverse secondary effects in the downtown area; and WHEREAS, the City Council did not in enacting its existing sexually oriented businesses ordinances and does not in adopting this amending ordinance, intend to regulate speech or expression, protected by the First Amendment,because of its content, and the regulations in this ordinance are content-neutral time,place, and manner restrictions enacted pursuant to the City's police power, aimed at avoiding or reducing the adverse secondary effects of sexually oriented businesses documented in the evidence described above reviewed by the City Council and its staff; and WHEREAS, the City Council,based on the evidence described above and its own knowledge regarding adverse secondary effects caused by sexually oriented businesses, finds and believes that the restrictions imposed by this ordinance will further its interest in avoiding or reducing such adverse secondary effects and that the restrictions affect only categories of sexually oriented businesses that produce the unwanted secondary effects that the City seeks to regulate; and WHEREAS, this ordinance does not diminish the need for criminal prosecution of purveyors of illegal material such as child pornography, material harmful to minors, or obscenity; and WHEREAS, the purpose of this ordinance to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious location, and 6 k . concentration of sexually oriented businesses within the City, and the provisions of this ordinance have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. WHEREAS, it is not the intent nor the effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, to deny access by the distribution and exhibitors of sexually oriented entertainment to their intended market, nor is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material. NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21A.36.140 of the SALT LAKE CITY CODE, pertaining to Sexually Oriented Businesses, shall be, and the same hereby is amended to read as follows: 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, as listed on the tables of permitted uses set forth in part III of this title, for each zoning district or category of 7 districts, shall be permitted in the following zoning districts pursuant to conditional site plan review by the Planning Commission as provided in Section 21A.36.140D: 1. CG general commercial district; 2. M-1 manufacturing district; and 3. M-2 heavy manufacturing district. 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 Section 21A.36.140C as the result of the subsequent location of a use specified in Section 21A.36.140F(1), Section 21A.36.140F(2), or Section 21A.36.140F(3). 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 zoning ordinance. 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 8 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 above (Section 21A.36.140D[1] through Section 21A.36.140D[3]), 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 Sections 21A.36.140F(1)through Section 21A.36.140F(4). 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 9 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 businesses 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 Section 21A.36.140F(6), 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. 10 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 11 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. 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. 12 . y G. Payment of Fee: The application shall be accompanied by the payment of a three hundred dollar($300) application fee,plus the cost of first class postage for required notification mailing. No application shall be considered complete unless accompanied by fee payment. H. Public Notice: The applicant shall obtain the names and addresses of all property owners within one thousand feet(1,000') of the property lines of the property being considered and names and mailing addresses of chairs of all affected community councils as outlined in Chapter 2.62 of this code. I. 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 the following public notification: 1. Mailing. Notice by first-class mail shall be provided a minimum of fourteen(14) calendar days in advance of the Planning Commission's public hearing to all owners of the land, as shown on the latest published property tax records of the County Assessor, included in the application requiring conditional site plan review, as well as to all owners of land, as shown on the latest published property tax records of the County Assessor, within one thousand feet (1,000') (exclusive of intervening streets), of the periphery of the land subject to the application requiring conditional site plan review. Notice shall be given to each individual property owner if an affected property is held in condominium ownership 2. Notification to Recognized and Registered Organizations. The City shall give notification a minimum of fourteen (14) calendar days in advance of the Planning Commission's meeting by first-class mail to any organization which is entitled to receive notice pursuant to Chapter 2.62 of this code. 13 J. 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. SECTION 2. That Section 21A.30.050 of the SALT LAKE CITY CODE, pertaining to the table of permitted and conditional uses for downtown districts, shall be and the same hereby is, amended to read as provided in Exhibit A attached hereto. SECTION 3. That Section 21A.46.090 D(4) of the SALT LAKE CITY CODE, pertaining to sign standards for the CG District, shall be and hereby is, amended to read as provided in Exhibit B attached hereto. SECTION 4. That Section 21A.46.100A(3) of the SALT LAKE CITY CODE pertaining to sign standards for the M-1 and M-2 districts, shall be and hereby is, amended to read as provided in Exhibit C attached hereto. SECTION 5. That Section 21A.28.040 of the SALT LAKE CITY CODE pertaining to permitted and conditional uses for manufacturing districts, shall be and hereby is, amended to read as provided in Exhibit D attached hereto. SECTION 6. That Section 21A.26.080 of the SALT LAKE CITY CODE pertaining to permitted and conditional uses for commercial districts, shall be and hereby is, amended to read as provided in Exhibit E attached hereto. SECTION 7. That Section 5.61.060 of the SALT LAKE CITY CODE,pertaining to location and zoning restrictions for sexually oriented businesses, shall be and hereby is, amended to read as follows: 5.61.060 Location and Zoning Restrictions. It is unlawful for any sexually oriented business to do business at any location within the city not zoned for such business. Sexually 14 oriented businesses licensed as adult businesses, nude entertainment businesses, or seminude dancing bars pursuant to this chapter shall only be allowed in areas zoned for their use pursuant to Section 21A.36.140B of this code and at locations also complying with the other requirements of Section 21A.36.140 of this code. Businesses licensed as outcall services and nude and seminude dancing agencies are not limited to locations permitted by Section 21A.36.140, provided that there is no in-person contact with the general public at such locations. SECTION 8. That Section 5.61.110 of the SALT LAKE CITY CODE pertaining to the license application for sexually oriented businesses, shall be and hereby is, amended to read as follows: 5.61.110 License-Application-Disclosures Required. A. Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this chapter, the applicant shall submit, on a form to be supplied by the City license authority,the following: 1. The correct legal name of each applicant, corporation,partnership, limited partnership or entity doing business under an assumed name; 2. If the applicant is a corporation,partnership or limited partnership, or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant, and for each officer, director and any shareholder(corporate or personal) of more than ten percent of the stock of any applicant. Any holding company, or any entity holding more than ten percent of an applicant, shall be considered an applicant for purposes of disclosure under this chapter; 15 a. The shareholder disclosure requirements above shall only be applicable for out-call service licenses. 3. All corporations, partnerships or non-corporate entities included on the application shall also identify each individual authorized by the corporation,partnership or non- corporate entity to sign the checks for such corporation, partnership or non-corporate entity; 4. For all applicants or individuals, the application must also state: a. Any other names or aliases used by the individual, b. The age, date and place of birth, c. Height, d. Weight, e. Color of hair, f. Color of eyes, g. Present business address and telephone number, h. Present residence and telephone number, i. Utah drivers license or identification number, and j. Social security number; 5. Acceptable written proof that any individual is at least eighteen years of age or, in the case of employees to be employed in businesses where a different age is required,proof of the required age; 6. Attached to the form as provided above, two color photographs of the applicant clearly showing the individual's face and the individual's fingerprints on a form provided by the city police department. For persons not residing in the city, the photographs and fingerprints 16 shall be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency; 7. For any individual applicant required to obtain a sexually oriented business employee license as an escort or as a nude entertainer, a certificate from the Salt Lake City- County health department, stating that the individual has,within thirty days immediately preceding the date of the application,been examined and found to be free of any contagious or communicable diseases; 8. A statement of the business, occupation or employment history of the applicant for three years immediately preceding the date of the filing of the application; 9. A statement detailing the license or permit history of the applicant for the five- year period immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state or territory,has ever had a license,permit or authorization to do business denied,revoked or suspended, or has had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial,revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation, or suspension. A copy of any order of denial,revocation, or suspension shall be attached to the application; 10. All criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all such arrests for the applicant, individual or other entity subject to disclosure under this chapter, for five years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses 17 (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date,place, nature of each conviction or plea of nolo contendere and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket numbers. Application for a sexually oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license; 11. In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is or will be located; 12. A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations or employment guidelines under or by which the business intends to operate. This description shall also include: 18 a. The hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons and preventing them from engaging in illegal activity, b. The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities, c. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this chapter or other statutes or ordinances, d. The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts of prostitution or other criminal activity. B. On the same day that the applicant submits to the City license authority the information required by Section 5.61.110A, the applicant shall also submit to the City license authority the application for conditional site plan review pursuant to Section 21A.36.140E, if required. C. If a conditional site plan review is required, a sexually oriented business license shall not be issued prior to completion of the conditional site plan review. SECTION 9. That Section 5.61.250 of the SALT LAKE CITY CODE,pertaining to location of nude entertainment businesses, shall be and hereby is, amended to read as follows: 5.61.250 Nude Entertainment Business—Location Restriction. It is unlawful for any business licensed for nude entertainment to be located within three hundred feet(300') of a business licensed for the sale or consumption of alcohol. The distance shall be measured from 19 . the nearest point of the property line of the nude entertainment business to the nearest point of the property line of the business licensed for the sale or consumption of alcohol,without regard to intervening structures, streets, or other barriers. SECTION 10. That Chapter 5.61 of the SALT LAKE CITY CODE pertaining to Sexually Oriented Businesses shall be, and the same hereby is, amended to add a new Section 5.61.065 to read as follows: 5.61.065. Intensification of Nonconforming Uses. A. If a sexually oriented business is or becomes a nonconforming use, intensification of use shall be prohibited as follows, and no permit, approval or other authorization related to such intensification of use shall be granted: 1. For an adult bookstore or adult video store, an increase in the retail floor or shelf space from which minors are excluded; 2. For a nude entertainment business, an adult theater or an adult motion picture theater, an increase in the occupant load set by the Fire Department for the related space or an increase in the number of stages or viewing screens; and 3. For semi-nude dancing bars, an increase in the occupant load set by the Fire Department for the related space or an increase in the number of stages. B. A valid, existing sexually oriented business shall not be deemed nonconforming for purposes of this Section 5.61.065 as the result of a subsequent location of a use specified in Section 21A.36.140F(1), Section 21A.36.140F(2), or Section 21A.36.140F(3). 20 SECTION 11. That Section 2.88.020C of the SALT LAKE CITY CODE pertaining to the jurisdiction of the Land Use Appeals Board, shall be and hereby is, amended to read as follows: C. Hear and decide appeals from decisions made by the Planning Commission regarding conditional uses, conditional site plan reviews for sexually oriented businesses, or planned developments pursuant to the procedures and standards set forth in Section 21A.54.160 of this code. SECTION 12. EFFECTIVE DATE. That this ordinance shall become effective on the date of its first publication. The Temporary Zoning Regulations shall expire when this ordinance becomes effective. Passed by the City Council of Salt Lake City,Utah,this 18th day of March , 2004. CHA ERS N ATTEST: 014/11;erwik.49 kY"--- CHIEF DEPUTY CITY RE ORDER Transmitted to the Mayor March 22, 2004 Mayor's Action: pproved ❑Vetoed C- YOR 21 ATTEST: • HIEF DEPUTY IT ORDER (SEAL) • Bill No. 17 of 2004 3/26/04 Published: it. ' G:\Ordinance 04\Amending Zoning Regulations for Sexually Oriented Businesses 3-12-04(Clean).doc 22 EXHIBIT "A" 21A.30.050 Table Of Permitted And Conditional Uses For The Downtown Districts: LEGEND PERMITTED AND CONDITIONAL USES,BY DISTRICT DOWNTOWN DISTRICTS C=Conditional Use P=Permitted Use Use D-1 D-2 D-3 D-4 Residential Dwelling units,including multiple-family dwellings above or below first P P P P story office,retail and commercial uses or on first story,as defined in the uniform building code,where the unit is not located adjacent to the street frontage Group home,large(see section 21A.36.070 of this title) C C Group home, small(see section 21A.36.070 of this title)above or below P P P P first story office,retail and commercial use or on the first story, as defined in the uniform building code where the unit is not located adjacent to the street frontage Homeless shelter C Multiple-family dwellings C C P C Residential substance abuse treatment home,large(see section 21A.36.100 C C of this title) Residential substance abuse treatment home,small(see section 21A.36.100 C C of this title) Transitional treatment home,large(see section 21A.36.090 of this title) C C Transitional treatment home,small(see section 21A.36.090 of this title) C C Transitional victim home,large(see section 21A.36.080 of this title) C C Transitional victim home,small(see section 21A.36.080 of this title) C C Office And Related Uses Adult daycare centers P P P P Child daycare centers P P P P Financial institutions, with drive-through facilities P P C P Financial institutions,without drive-through facilities P P P P Medical and dental clinics P P P P Offices P P P P Veterinary office, operating entirely within an enclosed building and P P keeping animals overnight only for treatment purposes Retail Sales And Services Automobile sales/rental and service C C Conventional department store P3 Fashion oriented department store P3 Furniture repair shop P P P P Gas station,may include accessory retail sales and/or minor repair, as C P C C defined in part VI, chapter 21A.62 of this title Health and fitness facility P P P P Liquor store C C C C Mass merchandising store P3 Merchandise display rooms P P P P Pawnshop C P Restaurants,with drive-through facilities P P P P Restaurants,without drive-through facilities P P P P Retail goods establishments P P P P Retail laundries,linen service and dry cleaning P P P P Retail services establishments P P P P Specialty fashion department store P3 Specialty store P3 Upholstery shop P P Institutional Uses(Sites<<4 Acres) Colleges and universities P P P P Community and recreation centers,public and private,on lots less than 4 P P P P acres in size Government facilities(excluding those of an industrial nature and prisons) P P Libraries P P Museum P P Music conservatory p P Places of worship P P P P Schools,K-12 private P P Schools,K-12 public P P Schools,professional/vocational P P P P Seminaries and religious institutes P P Recreation,Cultural And Entertainment Art galleries P P P P Artists'lofts and studios P P P P Brew pub(indoor) P P P P Brew pub(outdoor) P P C P Commercial indoor recreation P P P P Commercial video arcade P P P P Motion picture theaters P P P P Natural open space and conservation areas on lots less than 4 acres in size C C C C Parks and playgrounds on lots less than 4 acres in size P P P P Pedestrian pathways,trails,and greenways C C C C Performance arts facilities P P P P Private club(indoor) P P P P Private club(outdoor) P P C P Squares and plazas on lots less than 4 acres in size C C C C Tavern/lounge(indoor) P P P P Tavern/lounge(outdoor) P P C P Miscellaneous Accessory uses, except those that are otherwise specifically regulated in this P P P P chapter, or elsewhere in this title Automobile repair,major C P C C Automobile repair,minor C P C C Bed and breakfast P P P P Bed and breakfast inn P P P P Bed and breakfast manor P P P P Blood donation center, commercial and not accessory to a hospital or P medical clinic Bus line terminal P Bus line yards and repair facilities P Commercial laundry, linen service,and commercial dry cleaning C P C C establishments Commercial parking garage,lot or deck C P C C Communication towers P P P P Communication towers,exceeding the maximum building height C C C C Food product processing/manufacturing p Graphic/design business P P P P Heliports,accessory C C Homeless shelter C Hotels and motels P P P P Industrial assembly C C Limousine service P Microbreweries C Miniwarehouse p p Off site parking P P p p Outdoor sales and display C P P C Precision equipment repair shops P C Public/private utility buildings and structures C C C C Public/private utility transmission wires,lines,pipes and poles 1 P P P P Publishing company P P P p Radio stations p P P2 p Railroad passenger station P p p p Social service missions and charity dining halls P P Street vendors(see chapter 5.64 of this code) TV stations P p p Temporary labor hiring office P C Vending carts on private property as per chapter 5.65 of this code P P P P Warehouse p p Warehouse,accessory P P P P Wholesale distribution P P Wireless telecommunications facilities(see table 21A.40.090E of this title) Qualifying Provisions: 1. See subsection 21A.02.050B of this title for utility regulations. 2. Radio station equipment and antennas shall be required to go through the site plan review process to ensure that the color, design and location of all proposed equipment and antennas are screened or integrated into the architecture of the project and are compatible with surrounding uses. 3. Uses allowed only within the boundaries and subject to the provisions of the downtown Main Street core overlay district (section 21A.34.110 of this title). EXHIBIT "B" Section 21A.46.090D4 — Sign Type, Size, and Height Standards for the CG District: 4. Sign Type, Size And Height Standards For The CG District: STANDARDS FOR THE CG DISTRICT Types Of Signs Maximum Maximum Minimum Number Of Permitted Area Per Height Of Setback2 Signs Sign Face Freestanding PermittedPer In Square Signs In Feet1 Sign Type Feet Flat sign (storefront 2 sq. ft. per (see note 1 n/a 1 per orientation)5 linear ft. of below) business or store storefront frontage4 Wall sign or flat sign 1 sq. ft. per (see note 1 n/a 1 per building (general building linear ft. of below) face orientation) building face4 Monument sign3 1 sq. ft. per 20 ft. 4 ft. 1 per street linear ft. of 8 ft. None frontage street frontage Pole sign3 1 sq. ft. per 35 ft. 10 ft. with a 1 per street linear ft. of maximum 6 ft. frontage street projection. No frontage; extension 200 sq. ft. across a maximum property line is for a single permitted business, 300 sq. ft. maximum for multiple businesses Marquee sign 1 sq. ft. per (see note 1 See subsection 1 per linear ft. of below) 21A.46.070O of storefront store this Chapter frontage r Canopy, drive- 40% of (see note 1 n/a 1 per canopy through canopy face below) face if signage is on 2 faces. 20% of canopy face if signs are on 4 faces Awning/canopy signs 1 sq. ft. per (see note 1 May extend 6 ft. 1 per first linear ft. of below) from face of floor storefront building, but door/window (sign area shall not cross a only) property line Construction sign 64 sq. ft. 12 ft. 5 ft. 1 per street frontage Political sign 32 sq. ft. 8 ft. 5 ft. No limit Real estate sign 64 sq. ft. 12 ft. 5 ft. 1 per street frontage Private directional 8 sq. ft. 4 ft. 5 ft. No limit sign New development 200 sq. ft. 12 ft. 5 ft. 1 per street sign frontage Window sign 25% of total (see note 1 n/a No limit frontage below) window area per use Public safety sign 8 sq. ft. 6 ft. 5 ft. No limit Nameplate 2 sq. ft. (see note 1 n/a 1 per building below) entry Sexually Oriented See Section 21A.36.140 Business Signs Notes: 1. For height limits on building signs, see subsection 21A.46.070J of this Chapter. 2. Not applicable to temporary signs mounted as flat signs. 3. See subsection D5a of this Section. 4. A single tenant building may combine the square footage total of both the storefront orientation and the general building orientation flat signs to construct one larger sign. 5. Storefront flat signs limited to locations on the lower 2 floors. EXHIBIT "C" 21A.46.100 Sign Regulations For Manufacturing Districts: The following regulations shall apply to signs permitted in the manufacturing districts. Any sign not expressly permitted by these district regulations is prohibited. A.Sign Regulations For The M-1 And M-2 Manufacturing Districts: 1. Purpose: Sign regulations for the M-1 and M-2 districts are intended to provide for appropriate identification of industrial and manufacturing uses. Signage should enhance the aesthetics of the districts, rather than clutter the area. Supportive commercial signage should be in scale with industrial signage. 2. Applicability: Regulations on table 21A.46.100A3 of this section shall apply to all lots within the M-1 and M-2 districts. 3. Sign Type, Size And Height Standards For The M-1 And M-2 Districts: STANDARDS FOR THE M-1 AND M-2 DISTRICTS Types Of Signs Maximum Maximum Minimum Number Of Limit On Permitted Area Per Height Of Setback2 Signs Combined Sign Face Freestanding Permitted Per Number Of In Square Signs In Sign Type Signs3 Feet Feet1 Wall sign or flat 1.5 sq. ft. (see note 1 n/a 1 per building None sign4 per linear below) face ft. of each building face Monument 1 sq. ft. per 5 ft. 5 ft. 1 per street 1 sign per sign5 linear ft. of 10 ft. 10 ft. frontage street frontage street frontage Pole sign5 1 sq. ft. per 25 ft. 15 ft. 1 per street linear ft. of frontage street frontage; 200 sq. ft. maximum for a single business 300 sq. ft. maximum for multiple businesses Canopy, drive- 40% of (see note 1 n/a 1 per canopy None through canopy below) face face if signage is on 2 faces; 20% of canopy face if signs are on 4 faces Awning/canopy 1 sq. ft. per (see note 1 May 1 per first None signs linear ft. of below) extend 6 floor storefront ft. from door/window (sign area face of only) building, but shall not cross a property line Construction 64 sq. ft. 12 ft. 10 ft. 1 per None sign streetfrontage Political sign 32 sq. ft. 8 ft. 10 ft. No limit None Real estate 64 sq. ft. 12 ft. 10 ft. 1 per street None sign frontage Private 8 sq. ft. 4 ft. 5 ft. No limit None directional sign New 160 sq. ft. 12 ft. 10 ft. 1 per street None development per sign; frontage sign 200 sq. ft. total Development 160 sq. ft. 10 ft. 10 ft. 1 per street entry sign maximum frontage per sign; 200 sq. ft. total for 2 signs Window sign 25% of (see note 1 n/a No limit None total below) frontage window area per floor Public safety 8 sq. ft. 6 ft. 10 ft. No limit None sign Sexually See Section 21A.36.140 Oriented Business Signs Notes: 1. For height limits on building signs, see subsection 21A.46.070J of this chapter. 2. Not applicable to temporary signs mounted as flat signs. 3. The total number of signs permitted from the sign types combined. 4. Storefront flat signs limited to locations on the lower 2 floors. 5. See subsection A4a of this section. 4. Supplementary Regulations: a. Lot Frontage Requirements: A minimum lot frontage of one hundred feet (100') shall be required for pole signs or monument signs. EXHIBIT "D" 21A.28.040 Table Of Permitted And Conditional Uses For Manufacturing Districts: LEGEND PERMITTED AND CONDITIONAL USES, BY DISTRICT MANUFACTURING DISTRICTS C = Conditional Use P = Permitted Use Use M-1 M-2 Office And Related Uses Financial institutions, with or without drive-through P facilities Offices, medical and nonmedical P Retail Sales And Services Automobile and truck repair P P Automobile and truck sales and rental (including large P P truck) Automobile parts sales P P Building materials distribution P P Communication services P P Convenience store P P Electronic repair shop P Equipment rental P P Furniture repair shop P P Laundry; dry cleaning and dyeing P P Liquor store C P Package delivery facility P P Recreational vehicle sales and service P P Restaurant, with or without drive-through facilities P Tire distribution retail/wholesale P P Truck repair, large P P Upholstery shop P P Institutional Uses (sites « 2 acres) Adult daycare center P P Child daycare center P P Local government facilities P P Schools, professional and vocational (no outdoor P P activities) Schools, professional and vocational (w/outdoor activities) P Commercial Uses Blacksmith shops P P Carpet cleaning P P Commercial laundry, linen service and dry cleaning P P establishments Diaper service P P Gas station (sales and/or minor repair) P P Greenhouse for food and plant production P Heavy equipment (rental) P P Heavy equipment (sales and service) P P Precision equipment repair P P Welding shop P P Manufacturing Uses Bottling plant P P Cabinet making/woodworking mills P P Chemical manufacturing and storage C Commercial Bakery P P Concrete manufacturing C P Drop forge industry P Explosive manufacturing and storage C Flammable liquids or gases, heating fuel distribution and P storage Food processing P P Grain elevator P Heavy manufacturing P Incinerator, medical waste/hazardous waste C Industrial assembly P P Laboratory; testing P P Light manufacturing P P Moving and storage P P Outdoor storage, public P P Paint manufacturing P Photo finishing lab P P Printing plant P Publishing company P P Railroad freight terminal facility C4 C Railroad repair shop P Recycling collection station P P Recycling processing center (indoor) P P Recycling processing center (outdoor) C P Refinery of petroleum products C Rock, sand and gravel storage and distribution C P Sign painting/fabrication P P Truck freight terminal P P Warehousing P P Wholesale distributors P P Recreation, Cultural And Entertainment Commercial indoor recreation P P Commercial outdoor recreation P P Commercial video arcade P P Natural open space and conservation areas P P Pedestrian pathways, trails, and greenways P P Sexually oriented business P5 P5 Taverns, private clubs, brew pubs and micro breweries P Miscellaneous Accessory uses, except those that are otherwise P P specifically regulated in this chapter, or elsewhere in this title Agricultural use P P Animal pound, kennel and veterinary offices offering P P general overnight boarding Automobile salvage and recycling (indoor) P P Automobile salvage and recycling (outdoor) C P Bus line terminals P P Bus line yards and repair facilities P Communication towers P P Communication towers, exceeding the maximum building C C height Contractor's yard/office (with exterior storage) P P Display room; wholesale P P Hotel or motel P Limousine service P P Living quarters for caretaker or security guard, limited to P P uses on lots 4 acres in size or larger Motion picture studio P P Off site parking P P Outdoor storage and display P P Park and ride lots P P Park and ride, parking shared with existing use P P Pet cemeteries2 P Poultry farm or processing plant P Public/private electric generation facility3 C C Public/private utility buildings and structures P P Public/private utility transmission wires, lines, pipes and P P poles1 Radio, television station P P Railroad "spur" delivery facility P P Raising of furbearing animals C P Sewage treatment plant C C Slaughterhouses C P Solid waste transfer station C C Stockyards C P Taxicab operation; dispatching, staging and maintenance P P Vehicle auction establishment P P Vending carts on private property as per chapter 5.65 of P P this code Wireless telecommunications facility (see table 21A.40.090E of this title) Qualifying Provisions: 1. See subsection 21A.02.050B of this title for utility regulations. 2. Subject to Salt Lake City-County health department approval. 3. Electric generating facilities shall be located within 2,640 feet of an existing 138 kV or larger electric power transmission line. 4. No railroad freight terminal facility may be located within a 5 mile radius of any other existing railroad freight terminal facility. 5. Pursuant to the requirements set forth in Section 21A.36.140 of this title. 0 • EXHIBIT "E" 21A.26.080 Table Of Permitted And Conditional Uses For Commercial Districts: LEGEND PERMITTED AND CONDITIONAL USES, BY DISTRICT COMMERCIAL DISTRICTS C = Conditional Use P = Permitted Use Use CN CB CC CS1 CSHBDI CG Residential Assisted living center, large P P P Assisted living center, small P P P Dwelling units, including multi-family dwellings, P PPP P P above or below first story office, retail and commercial uses or on the first story, as defined in the Uniform Building Code, where the unit is not located adjacent to the street frontage Group home, large (see Section 21A.36.070 of this C C Title) Group home, small (see Section 21A.36.070 of P PPP P P this Title) above or below first story office, retail and commercial uses or on the first story, as defined in the Uniform Building Code where the unit is not located adjacent to the street frontage Halfway homes (see Section 21A.36.110 of this C Title) Living quarters for caretaker or security guard P PPP P P Multi-family residential P Nursing home P P P Residential substance abuse treatment home, C C large (see Section 21A.36.100 of this Title) Residential substance abuse treatment home, C C small (see Section 21A.36.100 of this Title) Transitional treatment home, large (see Section C C 21A.36.090 of this Title) Transitional treatment home, small (see Section C C 21A.36.090 of this Title) Transitional victim home, large (see Section C C 21A.36.080 of this Title) Transitional victim home, small (see Section C C 21A.36.080 of this Title) Office And Related Uses Financial institution, with drive through facilities PPP P P Financial institutions, without drive through PPPP P P facilities Medical and dental clinics PPP P P P Offices PPP P P P Veterinary offices, operating entirely within an CPPP P P enclosed building and keeping animals overnight only for treatment purposes Retail Sales And Services Auction sales P P Automobile repair, major P C P Automobile repair, minor CPPP P P Automobile sales/rental and service P P Boat/recreational vehicle sales and service P P Car wash as accessory use to gas station or PPP P P convenience store that sells gas Car wash, with or without gasoline sales P P P Department stores P P Equipment rental, indoor and outdoor P P Furniture repair shop PPP P P Gas station (may include accessory convenience P PP P P P retail and/or "minor repairs" as defined in Part VI, chapter 21A.62 of this title) Health and fitness facility PPP P C Liquor store CC C C C Manufactured/mobile home sales and service P Pawnshop P Restaurant, with drive through facilities CPP P P P Restaurants, without drive through facilities P PPP P P Retail goods establishments with drive through CPPP P P facilities Retail goods establishments without drive through P PP P P P facilities Retail services establishments with drive through C P P P P P facilities Retail services establishments without drive PPPP P P through facilities Truck repair, large P Truck sales and rental, large P P Upholstery shop PPP P P Value retail/membership wholesale P Institutional Uses (sites << 2 acres) Adult daycare center PPPP P P Child daycare center P PPP P P Community recreation centers on lots less than 4 PPP P P P acres in size Government facilities (excluding those of an PPPP P P industrial nature and prisons) Museum PPP P Music conservatory PPP P Places of worship on lots less than 4 acres in size PPP P P Schools, professional and vocational PPPP P P Commercial And Manufacturing Bakery, commercial P Blacksmith shop P Blood donation centers, commercial and not C P accessory to a hospital or medical clinic Cabinet and woodworking mills P Commercial laundries, linen service and dry P cleaning Industrial assembly P Laboratory; medical, dental optical P P P P M y Laboratory; testing C C P Miniwarehouse P P Motion picture studio P P P Photo finishing lab P P P P Plant and garden shop, with outdoor retail sales C CC C C P area Sign painting/fabrication p Warehouse P P Welding shop p Wholesale distributors P P Recreation, Cultural And Entertainment Amusement park P P Art gallery PPP P P P Art studio PPPP P P Commercial indoor recreation P P P P Commercial outdoor recreation C P Commercial video arcade P P P Dance studio PPPP P P Live performance theaters P P P P Miniature golf P P P Movie theaters P P P Natural open space and conservation areas CCCC C C Parks and playgrounds, public and private, on lots P PP P P P less than 4 acres in size Pedestrian pathways, trails, and greenways PPP P P P Private club CCP P P Sexually oriented businesses P5 Squares and plazas on lots less than 4 acres in PPPP P P size Tavern/lounge/brew pub; 2,500 square feet or less P P P P in floor area Tavern/lounge/brew pub; more than 2,500 square C C P P feet in floor area Miscellaneous Accessory uses, except those that are specifically PPP P P P regulated in this chapter, or elsewhere in this title Ambulance services, dispatching, staging and P P P P maintenance conducted entirely within an enclosed building Ambulance services, dispatching, staging and P maintenance utilizing outdoor operations Auditorium P P P P Auto salvage (indoor) p Bed and breakfast PPPP P P Bed and breakfast inn PPPP P P Bed and breakfast manor C3 C3 P P P Bus line terminals P P Bus line yards and repair facilities P Commercial parking garage or lot C P P Communication towers PPP P P Communication towers, exceeding the maximum CC C C C building height Contractor's yard/office (including outdoor storage) C P Farmers' market C C P Flea market (indoor) P P P P Flea market (outdoor) P Funeral home P P P P Homeless shelter C Hotel or motel P P P Intermodal transit passenger hub C Kennels p Limousine service, utilizing 4 or more limousines P Limousine service, utilizing not more than 3 C C P limousines Micro brewery P Park and ride lots CC C P P Park and ride, parking shared with existing use PPP P P Pet cemeteries4 P Off site parking; as per chapter 21A.44 of this title P C P Outdoor sales and display C P C P P Outdoor storage C P Outdoor storage, public C p Precision equipment repair shops P P Public/private utility buildings and structures CCP P C P Public/private utility transmission wires, lines, PPPP P P pipes and poles2 Radio, television station C P P Recreational vehicle park (minimum 1 acre) C Recycling collection station PPPP P P Reverse vending machines PPP P P P Taxicab facilities, dispatching, staging and P maintenance Temporary labor hiring office P Vehicle auction use P Vending carts on private property as per chapter P 5.65 of this code Wireless telecommunications facility (see Table 21A.40.090E of this Title) Qualifying Provisions: 1. Development in the CS district and CSHBD district shall be subject to planned development approval pursuant to the provisions of section 21A.54.150 of this title. 2. See subsection 21A.02.050B of this title for utility regulations. 3. When located in a building listed on the Salt Lake City register of cultural resources (see subsection 21A.24.010S of this part and subsection 21A.26.010K of this chapter). 4. Subject to Salt Lake City/County health department approval. 5. Pursuant to the requirements set forth in Section 21A.36.140 of this title.