The provisions of this article are adopted by the board of commissioners after review by the planning board and after public hearing as required by statute. This article shall apply to every building, lot, tract or parcel of land within the corporate limits of the town and within its extraterritorial area as controlled by this chapter.

(Code 1983, § 7-2-1)

The town is primarily residential in character, and the commercial areas within the town have primarily been developed for multifamily residential purposes, as opposed to business uses. There is limited commercial development on the island, and such development has been established to serve and meet the needs of the beach's visitors and yearround residents. The nature and character of the town and its beach has been that of a family beach, intended to encourage families to come to the beach. Future development is encouraged to maintain this approach, and the land use plan adopted by the town encourages low-key development. The property values in the town have steadily increased, and the board of commissioners is of the opinion that maintaining control over the development of the island to maintain the present development standards and family values has positively affected the property values within the jurisdiction of the town. It is the intent of the board of commissioners to create an atmosphere where anyone and their child, grandchild, or young person could move freely within the town.

(Code 1983, § 7-2-1)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult arcade means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore means an establishment that has as substantial portion (over 25 percent of total retail space) of its stock in trade and offer for rent or sale, for any consideration, any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, CD-ROM, computer software, other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;

(2)

Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities as defined in G.S. 14-202.10(11); or

(3)

Sexually oriented devices as defined in G.S. 14-202.10(9).

Adult business means any business activity, club or other establishment which permits its employees, members, patrons or guests on its premises to exhibit any specified anatomical areas before any other person.

Adult cabaret means any place which features topless dances, go-go dancers, strippers (male or female), male or female impersonators, or similar entertainers.

Adult motion picture theater means an establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and in which a substantial portion (25 percent) of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium or similar establishment characterized by activities featuring the exposure of specified anatomical areas or by specified sexual activities.

Massage means any manipulation of body muscle tissue by rubbing, stroking, kneading or tapping, by hand or mechanical device.

Massage business means any establishment or business wherein massage is practiced, including establishments commonly known as massage studios or massage parlors. Excluded from this definition are legitimate massage therapists, bodywork therapist, or contract manipulation therapists, working under the direct supervision of a licensed physician, or who in the regular course of their respective businesses have been licensed or certified by any governmental subdivision in the state, or licensed or certified by a recognized association or organization on file with the secretary of state, the state board of chiropractic examiners, the state board of medical examiners, the state board of occupational therapy, the state board of physical therapy examiners, or the state board of podiatry examiners, or have been certified or licensed by a national organization and similarly registered.

Owner includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or in part of a building or land. It shall also include the lessee of the building.

Sexually oriented business means any business activity, club or other establishment within which the exhibition, showing, rental or sale of materials distinguished or characterized by an emphasis on material depicting, describing or exhibiting specified anatomical areas or relating to specified sexual activity is permitted. Sexually oriented businesses shall include but are not limited to adult arcades, adult bookstores, adult motion picture theaters, adult theaters and massage businesses.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola.

Specified sexual activities means:

(1)

Human genitals in state of stimulation or arousal, generally known as turgid;

(2)

Acts of human masturbation, sexual intercourse or sodomy; or

(3)

Fondling or other erotic touching of genitals, pubic regions, buttocks or female breasts.

Total retail space means any space within a structure that is used for the direct sale of merchandise to the public and storage areas for those items.

(Code 1983, § 7-2-1)

Cross reference— Definitions generally, § 1-2.

Adult and sexually oriented businesses shall be regulated as to location in the following manner in addition to any other requirement of this chapter:

(1)

No adult or sexually oriented business shall be permitted in any building that is located within 2,000 feet in any direction:

a.

From a building used as a dwelling.

b.

From a building in which an adult business or a sexually oriented business is located.

c.

From a building used as a church, synagogue, other house of worship, or a cemetery.

d.

From a building used as a public school or as a state-licensed day care center or nursing home facility.

e.

From any lot or parcel on which a public playground, public swimming pool, public park or museum is located.

f.

Of any publicly owned or operated facility.

When computing distances, the entire property for the adult establishment shall be considered, including any parking lots.

(2)

No more than one adult or sexually oriented business establishment shall be located in the same building or structure or on the same lot.

(3)

Adult or sexually oriented businesses shall be established by special use permit approval of the board of adjustment.

(4)

Except for signs as permitted in this chapter generally and in the sign regulations in article VII of this chapter, promotional displays and presentations shall not be visible to the public from sidewalks, walkways or streets.

(5)

All minimum requirements of the C-2 zoning district shall be met.

(Code 1983, § 7-2-1; Res. No. 2020-19, 11-10-2020)

Any adult business or sexually oriented business lawfully operating as of the effective date of this article that is in violation of any provision of this article shall be deemed a nonconforming use. Any use which is determined to be nonconforming by application of the provisions of this section shall be permitted to continue for a period not to exceed two years. Such nonconforming uses shall not be increased, enlarged, extended or altered; except the use may be changed to a conforming use. If a nonconforming use is discontinued for a period of 180 days or more, it may not be reestablished. If two or more adult businesses or sexually oriented adult businesses are within 1,000 feet of one another and otherwise in a permissible location, the business which was first established and continually operating at its present location shall be considered the conforming use; and the later established business shall be considered nonconforming. An adult business or sexually oriented adult business lawfully operating as a conforming use shall not be rendered nonconforming by the subsequent location of a dwelling, church, house of worship, day care center, school, playground, public swimming pool, public park, museum or nursing home facility.

(Code 1983, § 7-2-1)

The board of adjustment may vary the radius requirements set forth in this article when it finds that:

(1)

Practical difficulties or unnecessary hardships would result from the strict enforcement of the radius requirements.

(2)

The proposed use will not be injurious to property of improvements in the affected area.

(3)

The proposed use will not enlarge or encourage the development of an area where there is a concentration of the proposed business use; i.e. a skid row area.

(4)

The permitting of an adult establishment in the area will not be contrary to any governmental program of neighborhood conservation, rehabilitation, improvement or revitalization.

(5)

All other applicable provisions of this article shall be observed.

(Code 1983, § 7-2-1)