(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT CABARET. Any place featuring topless dancers, go-go dancers, strippers, male or female impersonators, or entertainers displaying “specified anatomical areas” as defined by G.S. § 14-202-10, as the statute may be amended from time to time, or other similar entertainers.
ADULT ESTABLISHMENTS. Any place as defined by G.S. § 14-202.10 as the statute may be amended from time to time, including ADULT CABARETS, except that the definition of “massage business” shall not include any establishment or business where massage is practiced that is a health club, exercise studio, hospital, physical therapy business or other similar health-related business. ADULT ESTABLISHMENT specifically includes, however, any massage business where massages are rendered by any person exhibiting “specified anatomical areas”. SPECIFIED ANATOMICAL AREAS are those defined by G.S. § 14-202-10, as the statute may be amended from time to time.
(Prior Code, § J-VI-1)
(B) Location regulator. The following regulations shall apply to the location of any business defined as an adult establishment or adult cabaret.
(1) No adult establishment shall be located within 1,000 feet of any other adult establishment as measured in a straight line from property line to property line, with no consideration as intervening structures, roads or land forms.
(2) No adult establishment shall be located within 1,000 feet of a church, public or private elementary or secondary schools, child daycare or nursery school, public park or playground or residentially-zoned property. The 1,000-foot distance shall be measured in a straight line from property line to property line, with no consideration as to intervening structures, roads or land forms.
(3) There shall not be more than one adult establishment on the same property or in the same building, structure or portion thereof.
(4) No other principal or accessory use may occupy the same building structure property or portion thereof, with any adult establishment.
(5) Maximum gross floor area of the principal building shall be 2.000 square feet.
(6) No printed material, live shows, graphic depiction, including, but not limited to, photographs, drawings, slides, moving pictures videos and the like or other visual presentation shall be visible from, nor shall any live or recorded voices, music or sounds be made audible from outside the walls of the establishment.
(7) Wall signs as defined and permitted in the town ordinance are permitted as a means for advertising adult establishments, subject further to the following restrictions.
(a) No freestanding signs shall be permitted. No other advertisement, displays or signs or other promotional materials shall be visible to the public from pedestrian sidewalks, walkways or vehicular traffic areas.
(b) One sign only shall be permitted per establishment.
(c) The surface area, measured in square feet, of any sign shall be limited in size to an amount not to exceed 50% of the measure in linear feet of the face of the building in which it is located, as measured along the principle street on which the building is located
(d) Any mounted sign must conform to the contours of the building in which the establishment is located, must be firmly attached and mounted flush to the walls of the building and shall not project above, and beyond, or be mounted perpendicular to the building.
(e) No other advertisement, displays, signs or other promotional materials shall be visible to the public from pedestrian sidewalks, walkways or vehicular traffic areas.
(f) No sign advertising any establishment covered under this section shall be permitted to use flashing, moving, varying lighting, arrows or other moving objects or depiction.
(g) No sign shall be permitted to include the use of the words “adult” or “mature” in connection with any products service, or group of products or services of a sexually explicit nature being offered by the establishment for sale, rent, lease or hire.
(h) 1. On the exterior of any establishment which offers for sale, rent, lease or hire, any books, films, videos, drawings or sexually oriented devices as herein defined, a notice shall be posted not less than three feet by four feet in dimension which states, in permanent, three-inch, black, upper-case letters, on a totally white background, the following:
NOTICE!
THIS ESTABLISHMENT DEALS IN
SEXUALLY EXPLICIT PRODUCTS AND/OR SERVICES.
2. The notice shall be located not less than six feet from any and all entrances to the establishment and must be clearly visible at all times and shall be lighted in the same manner and to the same degree as any other sign used to advertise the establishment.
(Prior Code, § J-VI-2)
(C) Unconstitutionality. Should any portion of this section be found to be unconstitutional or illegal by a court of competent jurisdiction the remaining portions shall remain in full force and effect.
(Prior Code, § J-VI-3)
(Ord. passed 1-10-1989; Ord. passed 4-11-1995) Penalty, see § 110.99