Just reading the proposed ordinance is an exercise in sex education. Most cities, especially in Davis County, don't even have the types of businesses they're trying to regulate.
But they've been warned to be prepared, and numerous cities along the Wasatch Front have enacted or are considering an ordinance to regulate sexually oriented businesses.North Salt Lake was on the crest of a wave of Davis County cities passing a sexually oriented business ordinance, passing its version last March. Woods Cross followed in May, Centerville in June, and Farmington and Layton are considering it. In the Salt Lake Valley, South Salt Lake and West Jordan have ordinances, and Draper is considering it.
Centerville's ordinance is typical, the various zoning restrictions, definitions and prohibitions adding up to 32 pages of legalese.
"It's a sad commentary we have to have this kind of ordinance," Farmington Councilman Gary Elliott said recently as his council reviewed its proposed law.
"It is sad," Mayor Greg Bell agreed. "It's sickening to even read through it."
Most ordinances are based on the one drawn up and eventually enacted by South Salt Lake last year.
While reluctant to address the issue, city councils have been warned by their legal advisers that unless they have a law on the books restricting them, sexually oriented businesses can open their doors in almost any commercial area, requiring only a business license.
The ordinances generally define a sexually oriented business - escort and dating services, semi-nude dance and modeling studios, adult bookstores and sex toy stores - and most cities restrict them to industrial or manufacturing areas.
Centerville's ordinance includes graphic definitions of sexual activities that are forbidden and differentiates in detail between nude and semi-nude. It requires models and dancers to wear bottoms that are at least 4 inches wide in front, 5 inches wide in back, and that narrows to no less than an inch.
"I had to get a dictionary to read some of those terms," said Woods Cross City Administrator Gary Uresk, whose city's ordinance is similar to Centerville's. "It curled my hair when I found out what they meant."
Setback requirements keep sexually oriented businesses away from schools, parks, churches and residential areas.
The Centerville Planning Commission and City Council debated at length over setbacks while limiting the businesses to its industrial area west of I-15 and north of Parrish Lane.
Setbacks of 1,000 feet would have kept a business from being visible from the freeway interchange, which the council considers their city's gateway area, but would have left only a tiny area within the identified zone available.
That is too restrictive, City Attorney Mike Mazurin warned, and could be grounds for a lawsuit challenging the city's intent.
The city settled on a 1,000-foot setback from schools, parks and churches and 600 feet from residential and agricultural areas.
Farmington, which is looking to restrict its sexually oriented businesses to its manufacturing zone, which is also west of I-15, may have to increase the zone to have enough area for adequate setback requirements.
The Planning Commission considered allowing the businesses in its M-2 or light manufacturing zone, City Planner David Petersen told the council. But there is no developable ground in the existing M-2 zones, which leaves the city in a legally indefensible position.
Setback requirements of 1,000 feet, and even 500 feet, leave no usable property in the M-1 zone, Petersen told the council. Even dropping to 400-foot setbacks leaves what Petersen said may be inadequate space.
The city may have to enlarge its M-1 zone, which it could do by including parts of the freeway, to create a legally satisfactory area, Peterson advised.