(A) It is recognized that there are some uses of property which, because of their very nature, are recognized as having characteristics which impose adverse effects on the neighborhood in which the use is located. Regulations are necessary to minimize the adverse effects and to prevent a particular area subject to the zoning jurisdiction of the town from a concentration of the uses. It is not the intent of this section to conflict with state laws regulating adult establishments, but rather to regulate the location of adult establishments whose material or activities are legal.
(B) An adult establishment can include any structure or use of land that is defined in G.S. § 160D-902 and/or including the following:
(1) Adult bookstore;
(2) Adult picture theater;
(3) Adult mini-picture theater;
(4) Adult drive-in theater;
(5) Adult cabaret; and
(6) Adult massage parlor.
(C) An adult establishment use shall only be allowed as a special use in the Highway Business (H-B) and General Manufacturing (G-M) Districts.
(D) There shall be a spacing of 1,500 feet between adult establishment uses. The 1,500-foot distance shall be measured on a straight line from property line to property line, with no consideration as to intervening structures, roads or land forms.
(E) No adult establishment shall be located within 1,500 feet of a church, public or private school, child day care or nursery school, or public park. The 1,500-foot distance shall be measured on a straight line from property line to property line, with no consideration as to intervening structures, roads or land forms.
(F) The minimum setbacks, maximum building height and all other dimensional requirements shall be the same as for uses in the Highway Business District.
(G) The amount of parking spaces required shall be the same as for all other commercial uses. Parking areas shall only be located in the front of the principal building.
(H) There shall be no screening or buffers allowed in any form except when the property abuts a residentially zoned property on the side or rear.
(I) Signs allowed shall be in compliance with Highway Business District sign regulations. Any ground, wall, canopy or projection sign shall contain only the name of the establishment. It shall not contain any advertising nor identification of any product, service and the like.
(J) Customer or member entrances shall only be in the front of the building facing the street. No side or rear entrances shall be allowed for use by anyone patronizing an adult business.
(K) No printed material, slide, video, photograph, written text, live show or other visual presentation format shall be visible from outside the establishment.
(L) There shall not be more than one adult business use, either the same or another use, located on the same property, building or structure.
(M) Other applicable regulations contained in this chapter shall be in effect.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)