321 News & Video, Inc. v. Zoning Board of Adjustment

STEELMAN, Judge.

Petitioner, 321 News & Video, Inc., operates an adult bookstore located in Gastonia, North Carolina. On 19 July 1994, respondent, the City of Gastonia (City), adopted an adult establishment zoning ordinance, Section 17-92(61)(d), which imposed a 500-foot separation requirement between adult establishments and certain enumerated uses. These uses included: schools, public parks, playgrounds, libraries, daycare centers, churches or houses of worship, or any residential zoning district. The ordinance also included an eight-year amortization period for non-conforming adult…