§ 155.173  ADULT ESTABLISHMENTS.
   (A)   The Village Council of Chimney Rock finds that adult establishments produce secondary effects which are undesirable in the vicinity of residential, educational, religious or health services areas. Increased criminal activity has been documented in and around adult establishments but understanding that the establishments are legal within the federal and state laws, the following section is designed to minimize or eliminate these secondary effects of adult establishments in certain areas.
   (B)   It is not the intent of this section to conflict with any North Carolina or federal law regulating adult or pornographic material or activity; but rather to regulate the locations of adult establishments whose materials or activities are legal.
   (C)   No person shall knowingly keep, maintain, or operate any adult bookstore, adult movie house, massage parlor, topless dancing or adult entertainment establishment within the following areas:
      (1)   Within a minimum distance of 1,000 feet from any single-family residential dwelling;
      (2)   Within a minimum distance of 1,500 feet from any educational, religious or health services establishment; or
      (3)   Within a minimum distance of 1,000 feet from any other adult establishment.
   (D)   All measurements shall be taken by drawing straight lines from the nearest point of the property line of the property where the proposed adult establishment is to be located to the nearest point of the property line or boundary of the closest single-family residential dwelling, educational, religious, health services structure or adult establishment.
   (E)   It shall be the duty of the Mayor and the Village Clerk to notify any violator immediately of their infraction in writing by certified and/or signed receipt requested mail.
   (F)   The violator shall cease all activities immediately upon notification. The violator may appeal this in writing, within 10 days of notification, to the Chimney Rock Village Council.
   (G)   The Village Council will serve as the Board of Adjustment for any appeals or determinations concerning the applicability of this chapter. The Village Council shall make a determination no later than 45 days from the notice of appeal.
   (H)   Any firm, person or corporation violating the provisions of this chapter shall be subject to all applicable punishments as may be provided for by this code, the North Carolina General Statutes and/or federal laws, as they may apply. The violator will be subject to payment of all cost associated with the enforcement of this chapter which may include but would not be limited to: injunctions, court fees, legal cost and municipal staff cost.
(2002 Code, Ch. 92, § 92.10)  (Ord. passed 7-16-1996; Am. Ord. passed 8-20-1996)  Penalty, see § 155.999
Statutory references:
   Part 3, zoning, grant of power, see G.S. § 160A