Except as provided in this Chapter, no building, structure, or land shall be used 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.
(1) Sexually oriented businesses, except Out call services, shall only be permitted in the areas zoned M-1. Out call services shall only be permitted in areas zoned M-BRP, C-H, and/or PB.
(2) All sexually oriented businesses shall be subject to the following restrictions:
(a) No sexually oriented business shall be located within one thousand feet (1000') of:
(i) a church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
(ii) a public or private educational facility including, but not limited to, child day-care facilities, nursery schools, pre-schools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(iii) a public park or recreational area which has been designated for park or recreational activities including, but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City Park and Recreation authorities; or
(iv) an entertainment business which is oriented primarily towards children or family entertainment; or
(b) No sexually oriented business shall be located within six hundred feet (600') of:
(i) a boundary of a residential zoning district as defined in the Layton City zoning code; or
(ii) the property line of a lot devoted to a residential use as defined in the Layton City zoning code.
(3) 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 within one thousand feet (1000') of another sexually oriented business.
(4) 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 where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection (2). 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.
(5) For the purpose of this Section, the distance between any two (2) 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 in which each business is located.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-77, Enacted, 12/4/1997
Ord. No. 04-69, Recodified, 12/16/2004