Sylva officials pass ordinance to regulate adult entertainment

By Lynn Hotaling

No comments were received from community members during the public hearing that preceded the meeting.

The ordinance has been in the works since November, when town leaders approved a 90-day moratorium on such businesses to allow time to draft regulations. Without such a law, sexually-oriented businesses in the town would be required only to follow state statutes, which define such businesses but place no limits on where they can locate, said Jim Aust, Sylva's zoning administrator.

Sylva's ordinance imposes restrictions on where sexually-oriented businesses may locate within Sylva. The ordinance does not allow a sexually-oriented business to be within 1,320 feet (a quarter mile) of a church, synagogue, school, day care center, park, playground or zoned residential district.

Before voting, Sylva board member Audrey Tritt asked town attorney Eric Ridenour for clarification as to whether the ordinance prohibits such businesses.

Ridenour said the law doesn't ban sexually-oriented businesses; it regulates where they can be.

Tritt asked what would happen if an adult business met the provisions of the ordinance and set up shop only to have a day care center open within the proscribed quarter mile.

In that case the adult businesses would have to close, Ridenour said, because such businesses in Sylva will operate through conditional use permits and will not be grandfathered in.

"State case law holds that a quarter mile is a reasonable restriction on such businesses," Ridenour said last week. "In other words, there is no limit on the amount of such establishments that can locate in Sylva, provided that they are at least a quarter mile from a residential district, church, day care, school, etc.

"Because there is no limit on the number of sexually oriented businesses that can locate here, it is not a restraint on free trade, and it passes as constitutional," he said.

On the other hand, Ridenour said he knows of no location within the city limits where such a business could locate and still be in compliance with the new ordinance.

By state statute, stores that sell magazines depicting nudity are not defined as sexually-oriented businesses as long as they derive less than 50 percent of their gross income from the sale of such publications, Ridenour said. These businesses will not be affected by the new ordinance, he said.

Turning their attention to construction of a pavilion at Bryson Park, a commitment made by board members in early November, town officials considered a proposal from local builder Johnny Maney.

Maney offered to construct the pavilion in exchange for title to a 1.5-acre portion of a 15-acre town-owned Dills Branch tract that was once part of Sylva's water system. As part of the deal, Maney, who is developing an adjoining piece of property, would obtain a well and water rights to a second well that is not on the 1.5-acre parcel.

After some discussion, town leaders formulated a counter offer. In exchange for constructing the pavilion, Maney would receive the 1.5 acres so long as he agreed to tear down the existing sheds and maintain the property in a "park-like state." Also, town leaders decided to retain water rights to the well on the property Maney would acquire and deny Maney water rights to the second well, which would remain on town property.

The motion stating the board's counter offer passed with a 3-1 vote. Board members Tritt, Eldridge Painter and Eldon Cabe voted in favor; board member Danny Allen was absent; and board member Maurice Moody cast the "no" vote.

"My preference is not to sell any of that property," Moody said. "We have an obligation to be a good neighbor. Johnny has a right of way; if he needs a bigger one, we should work with him."

Also Thursday:

­ For the second time in as many months board members violated the agenda ordinance approved in March. Procedures stipulate that any item added to the agenda must have the unanimous consent of the board.

Two items were added ­ a resolution about municipal funding and a discussion of Bridge Street ­ and both received unanimous approval from the four members present.

However, the board subsequently entertained reports from Police Chief Jeff Jamison, Fire Chief Mike Beck and zoning administrator Aust, though no staff reports were listed on the agenda. Aust's report included a matter that required board action.

­ Board members approved a recommendation from its planning board to create a new zoning classification for tracts presently used for residential duplexes. Once such a district is defined, planning board members recommended rezoning the Darla Mathews property on Fortune Lane and other nearby duplexes and placing them in the new district.

Mayor Brenda Oliver stated she had received a letter from adjacent property owners Karl and Veronica Nicholas objecting to additional development on the steep slope that separates their home from the Mathews property. Area residents plan to meet May 26, and the Nicholases have asked the town board to delay a decision until after that time.

Tritt suggested tabling the matter until after May 26. However, Aust asked the board to either approve or reject the planning board's recommendation. Painter then moved to accept the planning board's recommendation. A public hearing to take input on the matter will be held prior to the board's June 6 meeting.

­ Town officials unanimously approved a resolution to be forwarded to the General Assembly asking that municipal revenues be made secure. The resolution is sponsored by the League of Municipalities and is an effort to prevent the governor from withholding some local reimbursements as he has done this year.

Oliver said the resolution would be presented to all Jackson County governmental units during a Thursday, May 16, joint meeting. It is hoped that local legislators, including Sen. Dan Robinson of Cullowhee and Rep. Phil Haire of Sylva, will attend the May 16 meeting, she said.

­ Board members voted to let Sylva town Manager Richard McHargue negotiate a lease for the town-owned former Chamber of Commerce building with the stipulation that the rent must be at least $1,000 per month.

Avada Healthcare has expressed an interest in establishing a hearing clinic there, McHargue said.

­ Board members heard a presentation from housing consultant Lane Sarver. The firm is interested in organizing a development entity to bring the upper stories of downtown buildings up to modern fire codes and creating living space there.

Sarver said several sources of funding are available to help fund such renovations in a historic district, a designation he thinks Sylva's downtown would be able to receive.

­ Board members unanimously agreed to follow the recommendation of the town's street committee and install 7-inch asphalt curbing along the Bridge Street right of way to discourage illegal parking.

Sylva business owner Wayne Smith brought the safety issue before the board several months ago.

­ Based on a request from Little League President Frank Watson, board members agreed to donate $1,000, already budgeted, to the Jackson County Little League.

The Sylva board will next meet at 7 p.m. Thursday, June 6, at City Hall.

Back to Archive: 05/09/02.