HomeMy WebLinkAboutC.054.93009_1377 (2)546
adult motels, massage parlors, escort agencies, and sexual encounter centers
PROPOSED AMENDMENT: To modify article VII, Section 93.3 to allow adult uses in the (GB) General
Business District as a special exception, subject to Board of Adjustment approval.
93.3 The following special exceptions are permitted subject to Board of Adjustment approval:
Adult Uses, subject to the following conditions:
a. All windows, doors, entries, and the like, for all the adult uses shall be so located, covered,
screened, or otherwise treated that views of the interior of the establishment are not possible from any
public or semi-public area, street, or way.
b. No adult use shall be located within a 1,000 foot radius of another adult use. Distance shall be
measured from property line to property line, along the shortest distance between property lines, without
regard to the route of normal travel.
c. No building or structure containing an adult use shall be located within 1,000 feet of any church,
school, child care center, park, or playground.
d. No building or structure containing an adult use shall be located within 500 feet of any
residentially zoned district.
e. No sign attributed to an adult use shall have sexually explicit pictures, phrases, titles, logos,
monikers, etc.
Mr. Allison advised that the 1,000 ft. radius referred to in
item b was comparable to Catawba County's ordinance. Under item C
(1,000 feet of any church, school .. ..) Allison pointed out that
Mecklenburg County and the Town of Mooresville used 1,500 ft. In
reference to item D, Allison mentioned Catawba County also had 500
feet as the stipulation from any residentially -zoned district.
Commissioner Boone asked Mr. Pope about some of the distances.
Specifically, he inquired if constitutional problems might arise if
the courts reviewed the distances. Pope said the courts would be
concerned with arbitrariness and capriciousness in setting
standards. He said there is a presumption that any ordinance
adopted is lawful, constitutional, and has a rational basis.
Anyone challenging this ordinance would have the burden to
establish it was without any foundation and that it was capricious.
The greater the distance, the more capricious the ordinance would
appear. Mr. Pope said, however, that he felt the suggested
distances were supportable.
The county attorney mentioned that he felt the County did not
want to present an image of condoning unlawful activity. He
suggested that in the definition segment of the amendment
(regulated activities) that the word "lawful" be inserted. This
could be done by saying "Any establishment or other sexually
oriented business which lawfully provides sexual entertainment," or
by saying "any establishment or sexually oriented business which
provides in a lawful manner sexual entertainment," etc. This
action would say the County was only allowing lawful activity and
not just any activity.
Mr. Pope asked about the definitions used by the City of
Hickory. Allison mentioned that he had reviewed several ordinances
concerning adult uses and typically the cities defined many terms.
Mecklenburg County was about the only county that incorporated
definitions into its ordinance.
No one spoke either in favor or against the amendments.
Chairman Haire adjourned the public hearing.