HomeMy WebLinkAbout10.4 SOB
City of Rexburg Development Code: SUPPLEMENTARY
SECTION 10.4: SEXUALLY-ORIENTED BUSINESS OVERLAY
*All Zoning Standards apply.
(See 3.01-3.06)
10.04.010. Purpose
10.04.020. Definitions
10.04.030. Zoning and Location Requirements
10.04.040. Development Standards
10.04.010. Purpose
The purpose of this Chapter is to establish a SOB (Sexually-Oriented Business) Overlay Zone that reasonably
governs the location of sexually-oriented businesses in order to avoid adverse secondary effects which may result
from the operation of such businesses. This chapter shall be construed to protect the governmental interests
recognized by this chapter in a manner consistent with protections provided by the United States Constitution and
the Idaho Constitution.
10.04.020. Definitions
Terms involving sexually-oriented businesses shall have the meaning set forth in Chapter 2 of this Ordinance.
10.04.030. Zoning and Location Requirements
a. Location.
Any sexually-oriented business licensed as an adult business or a semi-nude entertainment
business shall be permitted only within the Sexually-Oriented Business Overlay Zone as shown on the
Zoning Map of the City of Rexburg.
b. Requirements.
No sexually-oriented business shall operate within one-thousand (1,000’) feet of any of the
following:
1. A residential zone boundary line as shown on the Rexburg City Zoning Map.
2. The property boundary of any church, public park, public library, or school. And no church, public
park, public library or school shall be established within this distance.
3. The boundary of any property for which a sexually oriented business license earlier has been issued
and has not expired.
Distance Measurements.
4. 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.
10.04.040. Development Standards
a. Standards.
Each sexually-oriented business shall be subject to all development standards of the
underlying commercial zone in which it is located, including, but not limited to, setbacks, building height,
projections, design standards, etc.
Parking
1.. Off-street parking shall be provided as required by the land use to which the sexually-
oriented business is most closely related.
Signs.
2. Signs for each sexually-oriented business shall be limited to the following:
a) All signs shall be flat wall signs.
b) The maximum area of all signs shall not exceed one (1) square foot of sign area per (1) foot of
building frontage on a public street.
Page 269 of 362
City of Rexburg Development Code: SUPPLEMENTARY
c) Banner signs or similar are not permitted.
d) Electronic reader board signs or similar are not permitted.
e) Flashing lights and any lights that together create motion of any kind are not permitted.
Displays
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.
Deliveries
4..
a) Deliveries of any kind to the establishment shall not be left on the exterior of the building at any
time.
b) Any merchandise whether exposed or packaged shall not be stored permanently or temporarily on
the exterior of the building.
Page 270 of 362