§ 180.12. Adult Establishments.

(a)

Adult uses/establishments are subject to the restrictions set forth in this section because such uses may have significant secondary effects on the neighborhoods in which they are located. Numerous studies from cities such as Kansas City, Minneapolis, Los Angeles, and the following specific studies (A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, City of Denver, January, 1998; Adult Entertainment Study, New York Department of City Planning, New York, 1994; Adult Entertainment Businesses in Indianapolis, An Analysis, City of Indianapolis, 1984) have indicated that a concentration of adult businesses can have significant negative impacts on the use and enjoyment of surrounding properties and that the establishment of adult uses offering on-premise entertainment frequently results in secondary impacts related to public safety and neighborhood property values. Studies have shown that a concentration of adult businesses is correlated to an increase in crime rates in the areas where such businesses are clustered. Regulation of these uses is necessary to insure that these adverse secondary effects do not contribute to the blighting of surrounding neighborhoods.

(b)

The town council has also determined that adult uses should be separated from schools, churches, child care centers, parks and playgrounds, libraries, and residential neighborhoods where children and young adults may congregate. The council concludes that the negative secondary impacts of adult establishments are heightened when such uses are in proximity to residential areas or uses where children or young adults assemble. It is the intent of this Section to establish reasonable regulations to prevent the concentration of adult establishments within the Town of Tarboro and to require the separation of adult establishments from the sensitive uses identified herein.

(c)

Adult establishments shall include an adult bookstore, adult motion picture theater, adult mini motion picture theater, adult live entertainment business or massage business as they are defined in G.S. 14-202.10, except that only those massage businesses in which a person performing the massage does so while exhibiting "specified anatomical areas" (as defined in G.S. 14-202.10) or in which the massage involves the intentional stimulation of specified anatomical areas shall be restricted by the provisions of this section.

(d)

Adult establishments shall be allowed in accordance with Section 146 Table of Permissible Uses subject to the following:

(1)

No property associated with the use shall be within one thousand (1,000) feet of any area zoned or used for residential purposes (including retirement/nursing homes).

(2)

No property associated with the use shall be within one thousand (1,000) feet of any existing child day care center, park, playground, public or private school, library, and/or church;

(3)

The minimum straight line distance between the property lines of two (2) adult establishments shall be one thousand (1,000) feet. No two (2) adult establishments shall be located within the same building.

(4)

Outside advertising of an adult establishment shall be limited to one (1) sign, which shall not exceed thirty-two (32) square feet in surface area, and shall contain only the name of the establishment. It shall not contain any advertising, or identification of any product, service, etc.

(5)

In order to reduce exposure to minors and protect surrounding businesses, all exterior windows shall be opaque.

(e)

This ordinance does not conflict with North Carolina state laws regulating pornographic materials and activities; but rather it regulates the operation and location of adult establishments whose materials or activities are legal.

(Ord. No. 08-05, § 2, 5-12-08)