Appendix B: Sample North Carolina Local Regulations on Sexually Oriented Business Location
January, 1997
Case summary(ies)
Appendix to Regulating Sexually Oriented Businesses
Summary:
| Number of Zoning Districts in Which Adult Uses Are Allowed[a] | Minimum Separation Requirements (in Feet) from | Other Limits | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Municipality | Permitted Use | Conditional Use | Other Adult Uses | Residential Zoning Districts | Churches | Schools | Parks | Day Care Facilities | Other | No Exterior Advertising | No Exterior Sound | Other | 1994 Population[b] |
| Charlotte | 4 of 28 (business and industrial) | 0 | 1,500 for adult bookstores, mini-motion picture theaters; 1,000 for other adult uses | 1,500/1,000 | 1,500/1,000 | 1,500/1,000 | 1,500/1,000 | 1,500/1,000 | - | - | - | - | 458,377 |
| Raleigh | 0 | 6 of 24 (business, thoroughfare, industrial) | 2,000 | 1,000 | - | - | - | - | 1,000 from office and institutional and buffer commercial zoning districts | Yes | - | - | 240,227 |
| Greensboro (business) | 3 of 27 | 0 | 1,200 | 500 | 500 | 500 | 500 | - | - | Yes | - | - | 188,976 |
| Winston-Salem | 6 of 34 (business, industrial, mixed use) | 0 | 1,000 | 1,000 | - | 1,000 | 1,000 | 1,000 | - | - | - | - | 164,108 |
| Durham | 1 of 28 (commercial) | 2 of 28 (industrial) | - | - | - | - | - | - | - | - | - | - | 147,057 |
| Fayetteville | 1 of 18 (commercial) | 0 | 1,000 | 500 | - | - | - | - | - | - | - | - | 92,364 |
| Jacksonville | 1 (adult business zone) | 0 | 2,000 | 500 | - | - | - | - | - | - | - | Adult business can be no larger than 100,000 sq. ft. and no more than 500 ft. frontage on any side | 75,230 |
| High Point | 2 of 26 (business) | 0 | 1,200 | 650 | 650 | 650 | 650 | 650 | 650 from facilities with ABC permits | - | - | 3,000 sq. ft. maximum floor area; no sleeping quarters; no other business on site | 71,193 |
| Asheville | 0 | 4 of 13 (commercial, industry) | 1,000 | 1,000 | 1,000 | 1,000 | 1,000 | 1,000 | 1,000 from libraries, residences | Yes | Yes | - | 66,562 |
| Wilmington | 1 of 19 (business) | 0 | 1,000 | 330 | 660 | 660 | 660 | - | 330 from historic districts | - | - | - | 60,886 |
| Cary | 2 of 17 (business) | 0 | 2,000 | 1,000 | 1,000 | 1,000 | 1,000 | 1,000 | 1,000 from residences, establishments with on-premise ABC licenses | Yes | - | No other principal or accessory use allowed | 61,439 |
| Gastonia | same as comparable “non-adult” counterparts | - | 1,000; 2,000 for adult hotel/motel | 500 | 500 | 500 | 500 | 500 | 500 from libraries | Yes | Yes | No free-standing signs; no sleeping quarters | 56,901 |
| Greenville | 0 | 1 of 27 (commercial) | 500 | 500 | 500 | 500 | 500 | - | 500 from libraries, residences, or areas where large numbers of minors regularly travel or congregate | Yes | - | - | 52,070 |
| Goldsboro | 0 | 2 or 3 of 33 (business, industry) | 1,000 | 1,000 | - | - | - | - | - | Yes | - | - | 45,449 |
| Burlington | 2 of 17 (business, industrial) | 0 | 1,000 | 1,500 | 1,500 | 1,500 | 1,500 | 1,500 | 500 from office-institutional zoning district | Yes | - | No other principal or accessory use on site | 41,877 |
| Wilson | 0 | 1 of 26 (commercial) | 1,000 | 1,000 | 1,000 | 1,000 | 1,000 | - | 500 from residences; 1,000 from office and institutional zoning districts | Yes | - | No garish colors; adequate interior lighting | 39,525 |
| Kannapolis | 1 (adult business overlay zone; available for 2 business districts) | 0 | 2,000 | 2,000 | 2,000 | 2,000 | 2,000 | 2,000 | 2,000 from lots with residential use and establishments with on-premise ABC licenses | Yes | Yes | 3,000 sq. ft. maximum gross floor area; no sleeping quarters; no enclosed parking | 33,913 |
| Concord | 0 | 1 of 18 | 2,000 | 2,000 | 2,000 | 2,000 | - | 2,000 | 2,000 from lots with residential development | Yes | Yes | Adult establishment license from police department required | 32,996 |
| Hickory | 0 | 2 (business) | 1,000 | 500 | - | - | - | - | - | Yes | - | - | 29,677 |
| Kinston | 0 | 2 of 15 (business) | 1,500 | 1,500 | 1,500 | 1,500 | 1,500 | 1,500 | 1,500 from cemeteries and residences | - | - | - | 25,730 |
| Salisbury | 2 (business) | 0 | 1,000 | 1,000 | 1,000 | 1,000 | 1,000 | 1,000 | 1,000 from libraries, nursing homes, hospitals | Yes | Yes | No sleeping quarters on premises | 25,444 |
| New Bern | 0 | 1 of 17 (commercial) | 2,000 | 2,000 | 2,000 | 2,000 | 2,000 | 2,000 | - | - | - | - | 21,285 |
| Statesville | 0 | 2 of 23 (business, industrial) | 2,000 | 1,500 | 1,500 | 1,500 | 1,500 | - | 1,500 from residences, nursing and retirement homes | Yes | - | - | 21,274 |
Note: This appendix is based on a survey of the zoning ordinances of North Carolina’s twenty-five most populous municipalities. The cities are listed in order of population. Data was obtained from twenty-four of the twenty-five cities. Data was not available for Rocky Mount. Chapel Hill does not have any special zoning provisions for adult uses.
[a] The table lists the number of general zoning districts in which sexually oriented businesses may be located relative to the total number of zoning districts (exclusive of overlay and conditional/special use districts). The parenthetical information describes the general type of districts in which these businesses may be located.
[b] Population figures are the July 1994 official estimates from the N.C. Office of State Planning.
