Unified Development Ordinance

Sec. 6.4.2. Indoor Recreation

Sec. 6.4.2. Indoor Recreation aaron.sheppard… Tue, 05/23/2023 - 11:00
  1. 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.
  2. Adult Establishment
    1. Defined
      Adult cabarets, adult media centers, sadomasochism centers, and any place contained in N.C. Gen. Stat. §14-202.10(2). , excluding masseurs.
    2. Use Standards
      1. 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.
      2. 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.
      3. 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. 
      4. 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:
        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 or improvements in the affected area.
        3. The proposed use will not enlarge or encourage the development of 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 Chapter will be observed.
        6. The proposed use will not adversely impact public services and facilities such as parking, traffic, police, and that the secondary effects of such uses will not adversely impact on adjacent properties. The secondary effects would include but not be limited to noise, light, stormwater runoff, parking, pedestrian circulation and safety.
      5. When determining preponderance of adult materials, only those objects which have equal access and visibility shall be considered.
  3. Health Club
    1. Defined
      A facility with equipment for exercising and improving physical fitness.
    2. Use Standards
      A health club in an RX- District is subject to the following:
      1. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets.
      2. The health club use cannot exceed 4,000 square feet in gross floor area; and
      3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
      4. A health club use in an -TOD overlay is not subject to parts a, b, and c of this section; however, such a use must be within or attached to a multi-tenant building. The health club use cannot exceed 10,000 square feet in gross floor area.
  4. Sports Academy
    1. Defined A facility for sports education or instruction.