12.180 Denial of Group Home Application

1. Upon denial of an application for a group home by the City Council, the applicant shall have 30 days to file an appeal of the decision directly to the District Court. 2. Upon denial of an application for a group home by the Reviewing Departments, the applicant shall have 30 days to file an appeal of the decision directly to the City Council. (a) The applicant shall file a notice of appeal with the City Recorder. (b) At least 14 days before the City Council hears the appeal of the denial of the application for the group home, the applicant shall provide all bases for the appeal to the City and notice thereof by first-class mail to all citizens living within or owning property within 1000 feet of the proposed site of the group home. (c) Any decision by the City Council on an appeal of a denial of an application for a group home, shall: (i) be issued in writing within 14 days of the meeting at which the appeal was heard; (ii) shall set forth the findings of the City Council; and (iii) shall be delivered in person or by first-class mail to the applicant. 12.190. Zoning Requirements for Sexually Oriented Businesses. (New 03/26/02) A. Purpose. The purpose of this Section is to establish requirements that reasonably govern the location of sexually oriented businesses in order to avoid adverse secondary effects which may result from the operation of such businesses. This Section shall be construed to protect the governmental interests recognized by this Code in a manner consistent with protections provided by the United States Constitution and the Utah Constitution. These provisions shall not be construed as permitting any use or activity that is otherwise prohibited or made punishable by law. B. Definitions. Terms involving sexually-oriented businesses shall have the meaning set forth in Title 4, Chapter 5 – Sexually Oriented Business and Employee Licensing Ordinance of the Lehi City Municipal Code. C. Zoning and Location Requirements. 1. Sexually oriented businesses, including any business licensed as an adult business, outcall service business, or semi-nude entertainment business, shall be permitted only within the Light Industrial, Industrial, or Technology and Manufacturing Zones, as shown on the Zone Map of Lehi City. 2. No sexually oriented business shall be constructed or operated within 1,000 feet of any of the following: (a) an Agriculture, Residential/Agriculture, Residential, Mixed Use, or Planned Community Zoning District boundary line as shown on the Zone Map of Lehi City; (b) the property boundary of any church, public park, public library, or public or private school; or (c) the boundary of any property for which a sexually oriented business license earlier has been issued and has not expired. 3. No church, public park, public library, or school shall be established closer than 1,000 feet from any sexually oriented business. 4. For the purpose of this Section, the distance from any church, public park, public library, or school shall be measured in a straight line from the nearest point of the line of any property on which a sexually oriented business is operating, or is proposed to operate, to the nearest residential zone boundary line or property boundary line of any church, public park, public library, or school, as the case may be. D. Development Standards. All sexually oriented businesses shall be subject to the development standards of the underlying zone in which it is located, including, but not limited to, setbacks, building height, projections, etc. All sexually oriented businesses shall be required to comply with the following criteria, in addition to the other land use and site planning standards and requirements of this Code: 1. Off-street parking shall be provided as required by Table 37.070 – Table of Off-Street Parking Requirements, to which the sexually-oriented business is most closely related. 2. Signs for each sexually oriented business shall be limited to the following: (a) Signage is limited to one flat wall sign. (b) The wall sign shall comply with the sign requirements specified in Chapter 23, Signs, of this Code including allowable sign area. (c) Off premise signs are prohibited. (d) No animation shall be permitted on or around any sexually oriented business sign or on the exterior walls or roof of the premises; (e) The sign shall contain alpha-numeric copy only. (f) Painted wall advertising shall not be allowed; (g) Signs and advertising shall not permit or allow the display of any matter that is contrary to the provisions of the Lehi City Development Code, Lehi City Municipal Code, or other applicable federal or State statute prohibiting obscenity, nudity, lewdness, profanity, or pornography. 3. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or in any area where they can be viewed from a public sidewalk.