015 of 1988 - Amending Title 51 by Adding Chapter 36 for Sexually Oriented Businesses 0 88-1
0 88-3
------------------------SALT-LAKE-CIT-Y-ORD-I-NANCE—----- --
No. 15 of 1988
(Amending Title 51 of the Revised Ordinances
of Salt Lake City by adding Chapter 36 dealing with
zoning requirements and signage for "Sexually oriented
Businesses" and repealing other conflicting
provisions in Title 51)
AN ORDINANCE AMENDING TITLE 51 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, BY ADDING A NEW CHAPTER
36 DEALING WITH ZONING OF "SEXUALLY ORIENTED BUSINESSES" AND
SIGNAGE AND REPEALING CONFLICTING EXISTING ORDINANCES.
WHEREAS, Section 10-9-1, Utah Code Annotated gives the
City the power to regulate the location and use of
buildings, structures and land for the purposes of
"promoting health, safety, morals and the general welfare of
the community; and
WHEREAS, Section 10-8-41, Utah Code Annotated gives the
City the power to suppress and prohibit the keeping of
disorderly houses, houses of ill fame or houses kept by,
maintained for, or resorted to or used by, one or more
persons for acts of perversion, lewdness or prostitution and
also empowers the City to make it unlawful for any person to
commit or offer or agree to commit an act of sexual
intercourse for hire, lewdness or moral perversion or for
any person to secure, induce, procure, offer or transport to
any place within the City any person for the purposes of
committing an act of sexual intercourse for hire, lewdness
or moral perversion or for any person to receive or direct
or offer or agree to receive or direct any person into any
__. _-place--or--bui-l-d ng-within-the-C-ity-for-the--purposes-of - - ---
committing an act of sexual intercourse for hire, lewdness
or moral perversion or for any person to aid, abet or
participate in the commission of any of the foregoing and
further prohibit the sale, distribution or exhibition of
obscene or lewd publications, prints, pictures or
illustrations; and
WHEREAS, Section 10-8-39, Utah Code Annotated gives the
City the power to license, tax and regulate businesses
including businesses which could be described as "sexually
oriented businesses" ; and
WHEREAS, Section 10-8-84 allows the City to pass all
ordinances and rules, and make all regulations, not
repugnant to law, necessary for carrying into effect or
discharging all powers and duties conferred by Chapter 8 of
Title 10 of Utah Code Annotated which are necessary and
proper to provide for the safety and preserve the health,
and promote the prosperity, improve the morals, peace and
good order, comfort and convenience of the City and its
inhabitants; and
WHEREAS, in recent years there has been a growing
concern on the part of public officials and residents of
Salt Lake City regarding the possible appearance of a
blighting and degrading effect upon certain neighborhoods in
the City from a concentration of sexually oriented adult
entertainment businesses in such neighborhoods; and
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-------------------WHEREAS------the---Ci-ty--has--held--publ-i-c -hea-r-ings--before—the---- --
Planning Commission and the City Council; and
WHEREAS, the City has relied on the findings and
experiences of other cities including Seattle, Los Angeles,
Dallas and others concerning the effects and regulation of
sexually oriented businesses; and
WHEREAS, as a result of these hearings the City Council
finds that sexually oriented businesses are frequently used
for unlawful sexual activity; and
WHEREAS, the City Council further finds that concern
over sexually transmitted diseases is a legitimate health
concern of the City which demands reasonable regulation of
sexually oriented businesses in order to protect the health
and well-being of the citizen; and
WHEREAS, licensing and zoning are legitimate and
reasonable means of time, place and manner regulations to
ensure that operators of sexually oriented businesses comply
with reasonable regulations and to ensure that operators do
not knowing allow their establishments to be used as places
of illegal sexual activity or solicitation; and
WHEREAS, regulation by licensing and zoning of sexually
oriented businesses does not deny legitimate customers
access to, nor unreasonably inhibit their viewing of, nor
unduly restrict the distribution of sexually oriented
material but merely regulates such access, viewing and
distribution; and
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WHEREAS-,--the_Cit_y__may-legitimately-use-the--content-o--r- - -
type of business as a basis for regulating the location of
such uses; and
WHEREAS, sexually oriented business uses are
incompatible with residential neighborhoods, especially
given the presence of children in the neighborhoods, and
areas zoned for residential uses should be protected from
sexually oriented business uses by a 1,000 foot buffer zone.
WHEREAS, there is convincing documented evidence that
sexually oriented businesses, because of their very nature,
have a deleterious effect on both the existing businesses
around them and the surrounding residential areas adjacent
to them, causing increased crime and the degrading of
property values; and
WHEREAS, the City Council finds that it is recognized
that sexually oriented businesses, due to their nature, have
serious objectionable operational characteristics
particularly when they are located in close proximity to
each other, thereby contributing to urban blight and
downgrading the quality of life in the adjacent areas; and
WHEREAS, the City Council desires to minimize and
control these adverse effects and thereby preserve the
property and character or surrounding neighborhoods, deter
the spread of urban blight, protect the citizens from
increased crime, preserve the quality of life, and protect
the health, safety and welfare of the citizenry; and
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------WHEREAS-,- the--City_desi-r-es-to-pr-otec-t the-patrons-of- --- --
sexually oriented businesses from dangerous conditions and
to protect the youth of the City from exposure to
inappropriate material; and
WHEREAS, many City residents are offended by sexually
oriented businesses and harbor fears about their own safety
and the well-being of their children and families if exposed
to such businesses and the persons who patronize them and
these residents have rights of travel and association which
should be accommodated, if reasonable; and
WHEREAS, the City Council finds that the public should
be allowed the ability to walk or traverse around a sexually
oriented business without being exposed to the business and
that this requirement will generally be met by prohibiting
these sexually oriented businesses from being within 1000
feet of a public park, school or religious institution which
the City Council finds to be places where families and
children congregate on a regular basis; and
WHEREAS, the City Council further finds that
restricting sexually oriented businesses to being no closer
to each other than 1, 000 feet will minimize the problem of
concentration; and
WHEREAS, the City has a legitimate interest in
protecting its gateway corridors from influences that would
be detrimental to the commercial viability of a variety of
businesses which help to provide a point of identity for the
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--------- City -for---vis-i-tors-and---r-esidents--as they-enter-the--City--and ----
finds that such gateways can be protected by prohibiting
sexually oriented businesses from locating within 165 feet
of the gateway;
WHEREAS, the City finds that the key gateways to be
protected are Beck Street from the Northern City limits
becoming Third West to Ninth South, Fifth South and Sixth
South between State Street and the beginning of the freeway
on- and off-ramps, and State Street and Main Street from
Sixth South to North Temple; and West Temple from Ninth
South to North Temple; and
WHEREAS, the City has a legitimate interest in
protecting certain historic buildings and sites and historic
districts along with the immediate surrounding area to
preserve the cultural and historic resources adding to the
integrity of the neighborhood and protecting the substantial
public and private investments on these sites; and
WHEREAS, these historic buildings and sites can be
protected by precluding sexually oriented businesses from
being within a 330 feet lineal distance on the block face
from the property line of any historic building or site
found on either the national or state historic registers or
the Salt Lake City Register of Cultural and Historic
Resources; and
WHEREAS, the City has a legitimate interest in
regulating the signage and on-premise advertising of
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------- --sexual l_y__oriented-businesses to-pr-eser-ve--the-visual design ----
element of the City and to preclude inappropriate exposure
of the public such as has occurred in other cities;
WHEREAS, the time, place and manner restrictions of
this ordinance are required to protect important
governmental interests and reasonably meet the concerns of
the City while safeguarding state and federal constitutional
rights including protected speech;
NOW, THEREFORE, the City Council of Salt Lake City,
hereby adopts the following amendments to Title 51 of the
Revised Ordinances of Salt Lake City.
Be it ordained by the City Council of Salt Lake City,
Utah:
SECTION 1. That Section 51-25-1(34) be repealed as
follows:
[ (34) (a) in the development and adeptlen of this
erdinance; it is recognized t that there are seme business
use--wh=eh because oftheir very nature-are and have been
characteristics, particularly wherever mere than one sueh
business is eeneentrated within an area of close proximity,
having a serious deleterious effeet upen these surrounding
areas. it has been well reeegnized by eities and
eVllllil unities-across the natien that state-and—ieeal
governmental entities have a special coneern in regulating
the eperation of such businesses within their jurisdietions
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-- -- ---to-insure i is ma'sueh aLverse--ai=eetsvriTnE)t- contribute -- -- --
the blighting or downgrading of surrounding neighb-orl-LoodS Or
to the harming their eemmunities. These speeial
regulations are set forth in subsections (b) and (c) below.
entreler- regulation of these-establishments- is
fer the purpose of preventing a eeneentratien-e these--uses
drugstore,in any one area and for the preservation ef neighberhoods in
adjacent areas in which these locations may be permitted.
adult busines s,or other premise or any-portion theree-f
which caters exelusively te-adult persenste-arc-advertised
or unadvertised exelusion ef -persons under the age ef 1-9
years may be leeated within a three bleelf radius of any
sehool, park or chureh; nor within 1,000 feet ef any other
similar_establishment or adult business.-
For purposes of applying the above-eriteri-a-in
three- (-3 ) block-raa , a block h , , chide
a standard city grid block faee of 660 linear fleet together
with a street of 8 reds or a total ef 792 linear feet per
block. Said radiusshall be determinedthe perimeters
of the property lines of schools and and from the
point of a church or other building elesest to the preposed
leeation.
(i-)—The-retiens-in subsection •b• above-siall
not apply to premises-l icens edte-sell beer, iel�
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--
-and 20-of these me. sed-e a ' .
(ii) Any adult--business ether than these licensed
to sell aleeholie beverages may be allowed upen
locations other than these outlined abeve, upon
t-h eeedure-estab l ' s ea c 0 20 7(2) r
e� z�-ir��ee�t-ien�v �r-�-nT
these revised-erdinancesw-
(iii) The previsions of (b) above shall not apply
to-state-owned-eroperated liquor lie-ense-s 'vtihieh wiz
be governedby eriteria speeified-in Seetien 51 21 8
and-i hieh-must be-legated-at-least 600 feet-rrem-a
seheel, ehureh-ems-park, measured-a-s-deseribed-abo e. ]
SECTION 2. That Section 51-24-1(74) be repealed:
[ (74) (a) in the development and adoption of this
erdinanee, it is recognized that there-are-some-business
uses-vhieh-beeause of their v e-are-a-nd-In a-ham
characteristics, partieularly wherever more than one sue.h.
having a seri�aus deleterious effeet upon these surrounding
areas. it has been well recognized by eitles and
eemmunities across the nation that-state-and-local
the operation sueh businesses withintheir ~a ie
to insures--mat-such adverse affects will not contribute to
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to the harming of youth in their cemmunities. These speeial
regulations are set forth in subsectiens (b) and (e) belew.
The primary central er regulation of these establishments
in any one area and for the preservation of neighborhoods in
adjacent areas in whieh these locations may be permitted.
(b) No shop or retail stere,for the purpose of preventing a cencentration of these uses
adult business, or other premise er any pertion thereef
which eaters exclusively adult persons to the advised
or unadvertised exclusion of persons under the age ef 18
years may be loeated 19fithin a three bleck radius of any
sehool, park or ehurch; nor within 1, 000 feet of any other
similarestablishment or adult business.
For purposes of applying the above eriteria in
deterfaining -a-three—(3 ) b=ee1 radius, bleek shall ode
a standard city grid bleek face of 660 linear feet together
with a street of 8 reds or a total ef 792 linear feet per
blockk.Sa=d radius shall be determined from the perimeters
of the property lines of sehools and parks and from t
point of a ehurch or other building closest to the proposed
leeation.
the regulations in subseetionb) above shal-I
not apply to premises—1 i eeasedte sell beer, whren
lleenses shall be previsiens—ez tomes
1and 20
of e—revised -e ai .
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to sell aleahelie beverages may be allewed upon
leeatiens other than these outlined above, upon
these revised ordinances--.
( iii) The provisions of (b) abeve shall not apply
to state owned or operated liquor ileenses which shall
and-which—must e leeateed at least 00 feet frem a
school, ehurch er park, measured as deseribed • l
SECTION 3. That Title 51 be amended by adding Chapter
36 dealing with sexually oriented business zoning as
follows:
Sec. 51-36-1 . Title. This ordinance shall be known
and may be referred to as the Sexually Oriented Business
Zoning Ordinance.
Sec. 51-36-2. Purpose. It is the purpose and object
of this chapter that the City establish reasonable and
uniform regulations to prevent the concentration of Sexually
Oriented Businesses or their location in area 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 prevent inappropriate exposure to the community.
This ordinance is to be construed as a regulation of time,
place and manner of the operation of these businesses
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- --- .-----consistent-with the--limitations-provided--by-provisions-of - -- - _ -
the United States and Utah Constitutions.
Sec. 51-36-3. Definitions. For the purpose of this
chapter the following terms shall have the meanings herein
defined.
( 1 ) Sexually Oriented Businesses. Sexually Oriented
Businesses shall mean those businesses defined as Adult
Bookstores, Adult Businesses, or Adult Theatres by this
title or business for which a Sexually Oriented Business
License may be required pursuant to subsequent ordinances.
(2) Gateways. Gateways shall mean Beck Street from
the Northern City limits becoming Third West to Ninth South;
Sixth South from State Street to 200 West; Fifth South from
State Street to 300 West; Main Street and State Street from
Sixth South to North Temple and West Temple from Ninth South
to North Temple;
(3) Historic buildings or sites. Historic buildings
or sites shall mean those buildings or sites found on either
the national or state historic registers or the Salt Lake
City register of cultural and historic resources.
(4) Public park. Public park shall mean a park,
playground, swimming pool, golf course or athletic field
within the City of Salt Lake which is under the control,
operation or management of the City's Parks Department.
( 5) Religious institution. A religious institution
shall mean a building which is used primarily for religious
worship and related religious activities.
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----- --(-6-). School-.----School--sha-l-l—mean--an inst-i-tution--of - ---
learning or instruction primarily catering to minors,
whether public or private, which is licensed at such a
facility by either the City or the State of Utah. This
definition shall include nursery schools, kindergarten,
elementary schools, junior high schools, middle high
schools, senior high schools or any special institution of
learning under the jurisdiction of the State Department of
Education, but not including trade schools, charm schools,
dancing schools, music schools or similar limited schools
nor public or private universities or colleges.
Sec. 51-36-4. Permitted areas. Sexually Oriented
Businesses shall only be permitted in areas zoned "C-3"
under Section 51-24-1; "C-4" under Section 51-24A-1; "C-3A"
under Section 51-24B-1; "M-1" under Section 51-25-1; "M-1A"
under Section 51-25A-1; "M-2" under Section 51-26-1; and "M-
3" under Section 51-27-1 subject to the following additional
restrictions:
( 1 ) No Sexually Oriented Business shall be located
within a 1,000 foot radius of any church, park, school or
residential zoning district as measured in a straight line,
without regard to intervening structures, from the property
line of the school, park, religious institution or
residential zoning district and the Sexually Oriented
Business.
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-- - (-2-) No-Sexua-l-l-y-Or-iented-Business--sha-l-l—be-permitted— _
to locate within 165 feet of any gateway corridor. If any
block shall be surrounded on all four sides by a designated
gateway then no Sexually Oriented Business shall be
permitted in that block.
(3) No Sexually Oriented Business shall be permitted
within a 330 feet lineal distance on the block face of any
historic building or site and the distance shall be measured
from the property line of the historic building or site
along the lineal block face to the property line of the
sexually oriented business.
Sec. 51-36-5. Concentration Prohibited. No Sexually
Oriented Business shall be allowed within 1,000 feet of
another such business.
Sec. 51-36-6. Sign Regulations. Notwithstanding
anything to the contrary contained in Chapter 7 of Title 51
Sexually Oriented Business signs shall be limited as
follows:
( 1 ) No more than one sign shall be allowed on any
Sexually Oriented Business premise.
(2) No sign on the Sexually Oriented Business premise
shall be allowed to exceed 18 square feet.
(3) No animation shall be permitted on or around any
Sexually Oriented Business sign or on the exterior walls or
roof of the premises.
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_ __(_4_)_-No_descriptive-ar_t-or-designs-depic---t-ing-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.
(5) Only flat wall signs shall be permitted for any
Sexually Oriented Businesses.
( 6 ) Painted signs or painted wall advertising shall
not be allowed.
(7) Other than the signs specifically allowed by this
ordinance 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.
Sec. 51-36-7. Severability. If any provision or
clause of this chapter or the application thereof to any
person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction,
such invalidity shall not affect other sections, provisions,
clauses or applications hereof which can be implemented
without the invalid provision, clause or application hereof,
and to this end the provisions and clauses of this chapter
are declared to be severable.
SECTION 4. Effective Date. This ordinance shall be
effective immediately upon its first publication.
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-Pas sed_b_y_the__City_Council_of-Sal-t-Lake-City, Uta-h
this 9th day of February 1988.
CHAIRPERSON
ATTEST:
CI TY rRETTE
R
Transmitted to the Mayor on February 9, 1988
Mayor' s Action: 219188 Approved Vetoed
MA�C
ATTEST:
CITY REC ER
BRB:cc
sa I.Se r of 13 : 8..8...
Published: February 19, 1988
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