Unified Development Ordinance - Currituck County Government

Chapter 4: Use StandardsSECTION 4.2: USE-SPECIFIC STANDARDSSubsection 4.2.4: Commercial Usesbuilding, lot, tract, or parcel of land within Currituck County. For the purposeof promoting the health, safety, morals and general welfare of the citizenry ofCurrituck County, these regulations are adopted by the Board ofCommissioners to regulate adult establishments and sexually orientedbusinesses, as hereby defined, located in Currituck County. Further, theseregulations have been made with reasonable consideration among otherthings, as to the character of the county and its areas and their peculiarsuitability for these businesses.(2) These regulations shall not repeal, impair, abrogate, or interfere with anyexisting easements, covenants, deed restrictions, setback requirements, rules,definitions, regulations previously adopted pursuant to law in any establishedzoning district in Currituck County. However, where these regulations imposegreater restrictions, the provisions of these regulations shall govern.(3) For the purpose of these regulations Adult Establishments and SexuallyOriented Businesses as defined in Chapter 10: Definitions and Measurement,shall apply.(4) Adult establishments and sexually oriented businesses shall be subject to thefollowing restrictions:(a)(b)Adult establishments may be located only in a Heavy Industrial (HI)zoning district, provided a use permit is obtained.No adult establishment shall be permitted in any building:(i)(ii)(iii)(iv)(v)Located within 1,500 feet in any direction from a building usedas a residential dwelling and any residential zoning district.Located within 1,500 feet in any direction from a building inwhich an adult establishment or a sexually oriented business islocated.Located within 1,500 feet in any direction from a building usedas a religious institution.Located within 1,500 feet in any direction from a building usedas a public school or as a state licensed day care center.Located within 1,500 feet in any direction from any lot orparcel on which a public playground, public swimming pool, orpublic park is located.(c)CURRITUCK COUNTY, NC UNIFIED DEVELOPMENT ORDINANCEExcept for signs as permitted in Section 5.12, promotional displays andpresentations shall not be visible to the public from sidewalks,walkways or streets.(5) Any adult establishment or sexually oriented business lawfully operating onSeptember 19, 1994, which is in violation of this Ordinance shall be deemed anonconforming use. Any use which is determined to be nonconforming byapplication of the provisions of this section shall be permitted to continue fora period not to exceed two years. Such nonconforming uses shall not beincreased, enlarged, extended, or altered except that the use may be changedto a conforming use. If a nonconforming use is discontinued for a period of180 days or more it shall not be reestablished.(6) If two or more adult establishments or sexually oriented businesses are within1,500 feet of one another and otherwise in a permissible location, the business4.27