§ 28-5-18. Sexually Oriented Business.

(a)

Purpose and Intent. It is the purpose of this Section to establish reasonable and uniform regulations for the location of sexually oriented businesses in the City of Concord. These regulations are intended to promote the public health, safety, and welfare by limiting the concentration of such businesses, thereby preventing problems brought about by the concentration of such businesses including increase in crime, diminution of property values, proliferation of urban blight, and endangerment of children.

(b)

Locational Requirements. The location, placement, and separation of sexually oriented businesses shall be in accordance with the following standards:

(1)

Minimum Setbacks from Certain Uses. A sexually oriented business shall not be located within five hundred (500) feet of any property line of any of the following:

a.

A public or private school;

b.

A child day care facility or nursery school;

c.

A publicly owned indoor or outdoor recreational facility; or

d.

A church, synagogue, or place of religious worship.

(2)

Minimum Setbacks from Certain Zoning Districts. Sexually oriented businesses shall not be located within five hundred (500) feet of any of the following zoning district boundaries:

a.

Any Residential District;

b.

The Institutional (IS) District;

c.

The Civic Performance (CVP) District; or

d.

The Central Business Performance (CBP) District.

(3)

Minimum Separation Between Sexually Oriented Businesses. There shall be a minimum of one thousand (1,000) feet of separation between the locations of sexually oriented businesses.

(c)

Design Standards. Sexually oriented businesses shall comply with the following design standards:

(1)

Sign Design. A sexually oriented business shall be limited to one sign which shall not exceed forty (40) square feet in area. Signs shall not include graphic images of nudity, or include images or copy which references to specified sexual activities, whether actual or simulated, or specified anatomical areas, or instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities; and

(2)

Screening of Certain Activities and Images. Specified sexual activities or specified anatomical areas, including instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, or any images of the same, shall not be visible in any fashion whatsoever from the exterior of the building in which the business is located.