(A) Where. Light Industrial District - special use permit required.
(B) Defined. An ADULT ESTABLISHMENT/SEXUALLY-ORIENTED BUSINESS means any business or enterprise that has as one of its principal business purposes or as a significant portion of its business an emphasis on matter and conduct depicting, describing, or related to anatomical areas and sexual activities specified in G.S. § 14-202.10. This includes, but it not limited to, adult bookstores, adult motion picture theaters, adult mini motion picture theaters, adult live entertainments, or massage businesses. This provision shall not pertain to massage therapists who are licensed or registered medical professionals or other persons certified by a state or nationally recognized organization; nor shall this apply to any private or public fitness center or nonprofit community recreational fitness and service organization, either of which provides massage therapy as a service incidental to the operation of a fitness center. For similar state law provisions, refer to G.S. § 160D-902.
(C) General requirements/conditions. Shall at a minimum meet the requirements of § 154.233 as applicable to the district in which the use is located.
(D) Additional requirements/conditions. Use separation:
(1) Within 250 feet of any lot upon which a residential use is legally occurring or within 250 feet of any property located in a zone permitting residential uses at the time of an application for an adult business permit, whether or not the other use is located within the town;
(2) Within 500 feet of any church, chapel or other publicly recognized place of worship whether or not the other use is located within the town;
(3) Within 500 feet of any public or private school (kindergarten through twelfth grade) or child care center whether or not the other use is located within the town;
(4) Within 500 feet of any park owned by a public entity whether or not the other use is located within the town; or
(5) Within 200 feet of any existing adult business whether or not the other use is located within the town.
(6) The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the property line of the premises in which the proposed adult business is to be established to the nearest point of the property line of a use or zoning classification listed above.
(E) Hours of operation. No sexually oriented business may remain open at any time between the hours of 11:00 p.m. and 8:00 a.m. on weekdays and Saturdays, or during the period from 11:00 p.m. Saturday until 8:00 a.m. Monday.
(F) Development standards. The following development standards shall apply to adult businesses.
(1) No adult business shall be located in any temporary or portable structure.
(2) Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.
(3) No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and all exterior windows shall be covered with opaque covering at all times.
(4) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.
(5) No landscaping shall exceed 30 inches in height, within 50 feet of any portion of the business except trees with foliage not less than six feet above the ground.
(6) The entire exterior grounds, including the parking lot, shall be lighted in a manner that all areas are clearly visible at all times.
(7) Signage shall conform to the standards established for the zone and shall not contain sexually oriented photographs, silhouettes or other sexually oriented pictorial representations.
(8) All entrances to adult businesses shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.
(9) No residential structure or any other nonconforming structure shall be converted for use as an adult business.
(10) The adult business shall not conduct or sponsor any activities that create a demand for parking spaces beyond the number of spaces required by this code for the business.
(11) No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to specified sexual activities or specified anatomical areas, inside the premises, from any public way or from any location outside the building or area of the establishment. This provision shall apply to any merchandise, display, decoration, sign, show window or other opening.
(12) All exterior areas of the adult business, including buildings, landscaping and parking areas shall be maintained in a clean and orderly manner at all times.
(13) Any business license or permit required by this code shall be kept current at all times.
(14) Each adult business shall conform to all applicable laws and regulations.
(15) The adult business shall not operate or be open between the hours of 2:00 a.m. and 6:00 a.m.
(16) The adult business will not conduct any massage, acupuncture, tattooing, acupressure or escort services, and will not allow those activities on the premises.
(17) At least one security guard shall be on duty outside the premises, patrolling the premises, grounds and parking areas, at all times while the business is open. The security guard shall be charged with preventing violations of law, with enforcing compliance by patrons with the requirements of this chapter and with notifying the sheriff of any violations of law observed. Security guard(s) required by this division shall be uniformed in a manner so as to be readily identifiable as a security guard by the
public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this division shall act as a doorperson, ticket seller, ticket taker or admittance person while acting as a security guard hereunder.
(H) Application required.
(1) No adult business shall be established until an application for an adult business permit is approved by the Planning Board pursuant to the procedures set forth in this chapter.
(2) An application for an adult business permit shall contain the following information; A written site plan, outlining the following shall be submitted with conditional use permit application.
(a) Owner of the parcel, including address and phone contact;
(b) Lessee: all parties to the lease;
(c) Length of lease;
(d) Hours of operation;
(e) Number of employees;
(f) Floor plan depicting location of proposed uses within the structure;
(g) Maximum number of people that will be occupying the structure at one time; and
(h) A statement listing mechanism(s) that will be used to detect fire arms.
(3) When an adult business permit application is filed, it shall be accompanied by a filing fee in the amount of $250.
(4) When an application has been accepted as complete, the Planning Director shall set the application for a public hearing before the Board of Commissioners within 60 days from the date on which the application was accepted as complete. The Planning Board shall approve or disapprove the application within 90 days from the date on which the application was accepted as complete by the Planning Director.
(5) In considering an application for a permit pursuant to this chapter, the Planning Board shall approve the permit if it makes the following findings:
(a) The adult business is consistent with the location and development standards contained in this chapter;
(b) The adult business is located in a zone classification which lists the adult business as a permitted use; and
(c) Except as specifically provided in this chapter, the adult business complies with the development requirements prescribed in this chapter.
(6) Issuance or denial of the permits is subject to administrative appeal as set forth in this chapter.
(I) Existing adult businesses.
(1) Any adult business lawfully operating or permitted on the effective date of the chapter codified in this chapter shall be deemed to be a complying use provided they are in compliance with all conditions imposed upon them as a condition of the issuance of their operating permit.
(2) Except with respect to the violation of any condition imposed upon the issuance of an existing operating permit, any adult business lawfully operating or permitted on the effective date of the chapter codified in this chapter shall not be subject to the abatement provisions by virtue of noncompliance with any of the provisions of this chapter.
(3) An adult business lawfully operating as a conforming use is not rendered nonconforming by the subsequent location of a residence, or a residential or agricultural zone, within 250 feet of the adult business or the subsequent location of a church, chapel or other publicly recognized place of worship, public park, public or private school or child care center, within 500 feet of the adult business.
(J) Special use permit required. The uses listed above shall be subject to special use permit procedures and requirements as set forth in § 154.107. This shall also include those previously licensed and existing when one enumerated use is being applied for in lieu of or supplementary to another enumerated use requiring or for which a special use permit has been previously issued.
(Ord. 23-241, passed 7-18-2023)