(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) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin- operated or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE. A bookstore which:
(a) A majority of its gross income during any calendar month is received from the sale of publications, including books, magazines and other periodicals, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in G.S. § 14-202.10; or
(b) Has a preponderance of its publications, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in G.S. § 14-202.10.
ADULT CABARET/CLUB. A nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits or displays as one of its principal business purposes:
(a) Persons who appear nude or semi-nude;
(b) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; and/or
(c) Films, motion pictures, video cassettes, slides or other photographic reproductions which depict or describe specified sexual activities or specified anatomical areas.
ADULT ESTABLISHMENTS. Any structure or use of land that is defined in G.S. § 202.10 and/or including the following:
(a) Adult arcades;
(b) Adult bookstores;
(c) Adult cabarets/clubs, such as “topless” dancing;
(d) Adult live entertainment;
(e) Adult live entertainment businesses;
(f) Adult motels or hotels;
(g) Adult motion picture theaters;
(h) Adult mini-motion picture theaters;
(i) Adult theaters;
(j) Adult video stores;
(k) Escort agencies;
(l) Massage businesses;
(m) Nude model studios; and
(n) Sexual encounter centers.
ADULT LIVE ENTERTAINMENT. Any performance of, or involving the actual presence of, real people which exhibits specified sexual activities or specified anatomical areas.
ADULT LIVE ENTERTAINMENT BUSINESSES. Any establishment or business wherein adult live entertainment is shown for observation by patrons.
ADULT MOTEL OR HOTEL. A motel, hotel or similar commercial establishment that:
(a) Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe specified sexual activities or specified anatomical areas as one of its principal business purposes;
(b) Offers a sleeping room for rent for a period of time that is less than ten hours; and/or
(c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION PICTURE THEATER. An enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. ADULT MOTION PICTURE THEATER does not include any adult mini-motion picture theater as defined above.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features, exhibits or displays, as one of its principal business purposes, persons who appear in a state of nudity or semi-nude, or live performances that expose or depict specified anatomical areas or specified sexual activities.
ADULT VIDEO STORE. A commercial establishment which as one of its principal business purposes offers for sale or rent for any form of consideration any one or more of the following:
(a) Video cassettes, video reproductions, photographs, films, motion pictures, slides or other visual representations that depict or describe specified sexual activities or specified anatomical areas; and/or
(b) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
ESCORT AGENCY. A person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its principal business purposes, for a fee, tip, or other consideration. An ESCORT means a person who, for tips or any other form of consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
MASSAGE BUSINESS. Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios, or massage parlors. In this context, MASSAGE means the manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping by hand or mechanical device. Health massage and body work therapists shall not be deemed employees in a licensed MASSAGE BUSINESS as defined here.
NUDE MODEL STUDIO. Any place where a person who appears semi-nude, in a state of nudity, or displaying specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any other form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the state or a college, junior college, or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one nude or semi-nude model is on the premises at any one time.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(C) An adult establishment use shall only be allowed as a conditional use in the industrial district.
(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, public park, residences and/or residentially zoned property, or any establishment with an on-premise ABC license. 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.
(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) Except for an adult motel or hotel, no adult establishment use may have sleeping quarters.
(N) Other applicable regulations contained in this chapter shall be in effect.
(O) Ancillary adult establishment uses. The minority purpose or function that a lot serves or is intended to serve. NOTE: In situations where other regulations of this section are more restrictive than the restrictions listed below, the more restrictive regulations must be used.
(1) Purpose and findings.
(a) The Board of Aldermen of the Town of Spencer find that the ordinance codified herein is necessary in order to protect the town from the potential secondary effects of adult establishments including crime, the protection of the town’s retail trade, the prevention of blighting of neighborhoods and the maintenance of property values, protecting and preserving the quality of the town’s neighborhoods and the town’s commercial districts, the protection of the town’s quality of life, the increased threat of the spread of sexually transmitted diseases, and the protection of peace, welfare and privacy of persons who patronize adult establishments. Experience in cities and counties within and outside of North Carolina including Concord, North Carolina, the County of Los Angeles (1989), the City of Garden Grove (1991) and the cities of Renton, Washington (1976); Seattle, Washington (1978); Detroit, Michigan; Austin, Texas; Indianapolis, Indiana (1984); and Phoenix, Arizona (1979) have demonstrated that such uses have objectionable secondary effects upon immediately adjacent residential and commercial areas.
(b) Based on the experiences noted above, the following statements are believed to be held true.
1. Crime rates tend to be higher in residential areas surrounding adult establishments than in industrial areas surrounding sexually oriented businesses;
2. Areas within close walking distance of single and multiple family dwellings should be free of adult establishments; and
3. The existence of adult establishments in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas.
(2) Floor area. Buildings or structures associated with, and containing this type of use shall not devote more than 10% of the gross floor area to the use.
(3) Signage. Exterior signage shall be limited to five square feet total and shall not contain lewd or offensive language, or any sort of sexually explicit graphics.
(4) Displays. In no case shall printed materials, slides, videos, photographs, written text, live shows, or any other visual presentation format be visible from outside the building or structure.
(5) Gross sales. Buildings or structures associated with, and containing this type of use shall not devote more than 10% of gross sales to adult sales of any type.
(Ord. 96-3, passed 2-13-96; Am. Ord. 11-09, passed 10-11-11; Am. Ord. 11-11, passed 11-15-11) Penalty, see § 155.999