Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 6 – 20 Effective Date: September 01, 2013 Supp. No. 4 CHAPTER 6. ​USE REGULATIONS | Article 6.4. Commercial Uses Sec. 6.4.2. Indoor Recreation Sec. 6.4.2. Indoor Recreation A. Indoor Recreation Use Category Commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting. Indoor recreation includes the following uses. 1. Adult establishment. 2. Amusement center, game arcade, children’s amusement center. 3. Billiard hall, pool hall. 4. Bingo parlor. 5. Bowling alley. 6. Convention center, arena. 7. Dance, martial arts, music studio or classroom. 8. Health club. 9. Shooting range. 10. Sports academy. 11. Miniature golf facility. 12. Motor track. 13. Movie theater or other indoor theater. 14. Skating rink. B. Adult Establishment 1. Defined Adult cabarets, adult media centers, sadomasochism centers, and any place contained in N.C. Gen. Stat. §14-202-10(b), excluding masseurs. 2. Use Standards a. Except for permitted on-premise and off-premise signs, advertisements, displays or other promotional materials shall not be visible to the public from pedestrian sidewalks or walkways. b. An adult establishment cannot be located within 2,000 feet of another adult establishment (determined by a straight line from property line to property line). Adult establishments because of their very nature, are recognized as having serious objectionable operational characteristics upon adjacent neighborhoods, particularly when they are concentrated. Special regulation of these establishments is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. To prevent an over concentration of adult establishments and the creation of a de facto downgrading or blighting of surrounding neighborhoods; this spacing requirement is necessary, unless otherwise determined under Sec. 6.4.2.B.2.d. below. c. An adult establishment cannot be located within 2,000 feet of a preexisting place of worship, public or private school, day-care facility, or any R-, RX-, OP, OX-, NX-, R-MP, or CMP district (determined by a straight line from property line to property line or district boundary line). Adult establishments, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near a Residential District or certain other districts which permit residential uses. Special regulation of these establishments is necessary to ensure that these adverse effects will not contribute to a downgrading or blighting of surrounding Residential Districts or certain other districts which permit residential uses, unless otherwise, determined by Sec. 6.4.2.B.2.d. below. d. The Board of Adjustment may vary the spacing requirements in Sec. 6.4.2.B.2.b. and Sec. 6.4.2.B.2.c. above when it finds that: i. Practical difficulties or unnecessary hardships would result from the strict enforcement of the radius requirements. ii. The proposed use will not be injurious to property or improvements in the affected area. iii. The proposed use will not enlarge or encourage the development of a “skid row” area. iv. The permitting of an adult establishment in the area will not be contrary to any governmental program of neighborhood conservation, rehabilitation, improvement or revitalization. v. All other applicable provisions of this Chapter will be observed. vi. The proposed use will not adversely impact public services and facilities such as parking, traffic, police, and that the secondary

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