§ 48-87. Prohibitions.

(a)

Sexually oriented businesses are permitted as specifically outlined within this chapter. Adult motels, adult escort and adult escort agencies are prohibited.

(b)

Retail buildings over 40,000 square feet are prohibited.

Intent: The town vision statement reads in part: "The town must be a good place to live before it can be a good place to visit." This brief but powerful statement is the philosophical ideal at the foundation of most if not all of the economic, social, physical, developmental, and cultural policies upheld by the town. The vision statement goes on to state that: "The town is working to build a community with an economy based on family vacation tourism." The vision statement recognizes that one important element of maintaining and developing this economy is that commercial services provided by locally owned and operated businesses share in the building of our community. In support of this notion, chapter 14 of the 2000 Land and Water Use Plan states that: "Nags Head does not wish to become a regional commercial center and will control accordingly the type, amount, and location of commercial uses. For example, commercial activities generally oriented to residents and visitors are desirable but the town does not wish to develop as a commercial district designed to serve a regional market."

These statements illustrate clearly the high importance the town places on the maintenance of a high quality of life for its residents and visitors and its preference for local commercial development over regional commercial development. There is a considerable body of evidence to suggest that regional commercial development or more specifically the development of so called "mega-stores", "power-centers" or "big-box" sites significantly and often negatively impact numerous aspects of community life. For example, big box development often leads to increased traffic congestion, degradation of the local transportation infrastructure, reduced air quality, reduced water quality due to excessive runoff from loss of native vegetation, increased noise, loss of community character and identity, employment and housing impacts, local tax impacts, and an overall atmosphere of community demoralization. The town is a place of natural beauty, historic ambiance and unique appeal.

(Code 1990, § 22-117; Ord. No. 08-08-027, § I, 8-20-2008; Ord. No. 10-07-021, Pt. II, 7-7-2010; Ord. No. 15-07-023 , Pt. III, 7-1-2015)