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Board amends zoning to define and require special-use permits for adult-oriented businesses
Summary
The Board of Supervisors adopted an amendment to the zoning ordinance that adds a definition for adult-oriented businesses and makes them subject to special-use permitting in designated commercial and industrial districts.
The James City County Board of Supervisors voted to amend the county zoning ordinance to define "adult-oriented businesses" and require a special-use permit for those establishments in LB (limited business), B-1 (general business) and M-1 (limited industrial) districts.
Christy Parrish, presenting staff recommendations, said the change closes a gap in the ordinance by removing these uses from a general "retail" classification and adding a new definition to allow discretionary review. "The code of Virginia allows localities to regulate, restrict, permit, and prohibit the use of lands," staff noted at the hearing; the staff report to the board also referenced that the U.S. Supreme Court recognizes limited First Amendment protection for adult entertainment while affirming municipalities' zoning authority when regulations serve a substantial government interest.
The planning commission reviewed an inventory of adult-themed uses in the Tidewater area, discussed alternatives and unanimously recommended approval of the draft ordinance. At the board meeting, staff and the planning commission representative recommended adoption; the board voted to approve the ordinance as presented. A member of the public urged the board to consider massage/parlor uses and associated enforcement measures during the public hearing.
The ordinance requires operators to seek a special-use permit, which gives the planning commission and board the opportunity to evaluate location-specific impacts on health, safety, welfare and neighborhood character before permitting such businesses.
The board approved the amendment by roll call.
