(A) The intent of this section shall be to set forth the appropriate locations in which adult establishments or sexually oriented businesses may be established within the town’s zoning jurisdiction and to provide for certain development standards. Adult establishments, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near a residential zoning district or certain other districts which permit residential, eleemosynary, educational or recreational uses. Studies have shown that lower property values and increased crime rates tend to accompany and are brought about by the concentration of adult establishments. The Town Council finds that regulation of these uses is necessary to ensure that these adverse effects do not contribute to the blighting of surrounding neighborhoods and to protect the integrity of the town’s schools, churches, child care centers and public parks and playgrounds which are typical areas in which juveniles congregate.
(B) This section shall apply to all “adult establishments” as outlined in G.S. § 14.202.10 and shall also apply to adult video stores and adult hotels and motels, as defined in § 155.007 of this chapter.
(C) Adult establishments shall be permitted with a conditional use permit subject to the requirements found in § 155.023 of this chapter.
(D) The Board of Adjustment shall have no authority to modify or grant variances from the separation distance requirements imposed by this section.
(E) After the effective date, the establishment of a residential zone or protected use subsequent to the lawful commencement of an adult establishment will not render the adult establishment non- conforming.
(F) Should any provision of this chapter de declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
(G) This section took effect and was in force from and after the date of its adoption.
(Ord. passed - -, § 5.22) Penalty, see § 10.99