(A) Outdoor recreational activities. Outdoor recreational activities limited to batting cages, miniature golf, ballfields, water rides or driving ranges shall be a conditional use in the Light Industrial One Zone.
(1) The site for such activity must be two acres in size.
(2) No portion of the principal use, except parking, shall be located within 50 feet of the boundary line if adjoining a residential use or zone or abutting a street that services a residential zone.
(3) The height of the structure or device shall not exceed 40 feet above the general ground elevation of the site.
(4) No loudspeaker devices for music or other broadcasting or amplification shall be used in connection with such activity so as to create a noise hazard or nuisance.
(5) The principal use must be screened by a fence no less than six feet in height and buffered with dense vegetation which is no less than ten feet in height to screen the area from adjoining districts. Where natural vegetation does not provide sufficient screening, the boundaries of the site must be planted with dense vegetation which will reach a mature growth of eight to ten feet within three years. Suitable plant types shall be those recommended by the U.S. Department of Agriculture for coastal areas. (Appendix A)
(6) The principal use shall be located in such a manner so as not to act as a traffic hazard for passing motorists and shall not have any spotlight or other lighting devices which shall interfere with either the adjoining uses or property or automotive traffic on adjoining streets or highways.
(7) The Planning Board may recommend to the Board of Commissioners and the Board of Commissioners may impose any additional conditions that they determine are appropriate to insure that the off-site effects and any adverse effects to adjoining districts are kept to a minimum.
(B) Sexually oriented businesses. Only those businesses defined and provided for in Ch. 112 and provided the following conditions are met:
(1) Sexually oriented businesses shall not be located in a building that sells or serves alcohol or alcoholic beverages or allows alcohol or alcoholic beverages to be consumed on the premises;
(2) No sexually oriented businesses shall be permitted in any building which is:
(a) Located within 400 feet in any direction from a building used as a dwelling in the Light Industrial One Zoning District;
(b) Located within 400 feet in any direction from a residential zoning district (Residential Low, Residential High and Ocean Impact Residential), government and institutional zoning district or commercial zoning district;
(c) Located within 200 feet in any direction from a building in which a sexually oriented business is located;
(d) Located within 1,000 feet in any direction from a building in which a place of worship is located;
(e) Located within 1,000 feet in any direction from a building in which a library, school or a state licensed child day care center is located;
(f) Located within 1,000 feet in any direction from any lot or parcel on which a public playground, public swimming pool or public park is located.
(3) Measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest portion of a building, structure or zoning district listed above;
(4) Signs are allowed, as permitted in § 153.077, but may not include promotional displays, flashing lights or photographs, silhouettes, drawings or pictorial representations of any manner depicting sexual activity, themes or nudity;
(5) The applicant(s) shall obtain a license in accordance with Ch. 112;
(6) The applicant(s) shall conform to the guidelines and provisions outlined in this chapter.
(C) Body piercing business. Body piercing establishment that is properly licensed in accordance with the regulations outlined within Ch. 114.
(D) Large warehouses. Large warehouses provided the following conditions are met: a document approved by the Town Attorney shall be recorded at the Dare County Register of Deeds that states the following prior to issuing a building permit:
(1) Limits the use of the structure to Large Warehouse in accordance with the definition in § 153.002; and
(2) The structure shall not be divided into separate warehouse units.
(E) Tattoo studio(s).
(1) Tattoo studio(s) are an establishment at which the activity of tattooing occurs.
TATTOOING. Means the inserting of permanent markings or coloration, or the production of scars, upon or under human skin through puncturing by use of a needle or other method. Tattoo studio(s) shall be a special use of the Light Industrial One Zone.
(2) Shall meet the separation requirements listed below for a minimum distance in a straight line from the property line including a ‘tattoo studio.’
(a) Church, school, public park, or libraries: 200 feet.
(b) Other tattoo establishments: 400 feet.
(3) Health Department or any other applicable agency approval is required.
(4) Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.
(5) The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions they determine are appropriate based on surroundings.
(Ord. 91-08, passed 11-18-91; Am. Ord. 93-02, passed 3-8-93; Am. Ord. 97-05, passed 6-25-97; Am. Ord. 99-05, passed 2-8-99; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-13, passed 11-14-01; Am. Ord. 02-09, passed 6-10-02; Am. Ord. 05-19, passed 10-4-05; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 18-14, passed 9-13-21)