DATE: Thursday, April 3, 1997               TAG: 9704030399

SECTION: LOCAL                   PAGE: B1   EDITION: NORTH CAROLINA 

SOURCE: BY PAUL SOUTH, STAFF WRITER 

DATELINE: NAGS HEAD                         LENGTH:   69 lines

NAGS HEAD EXTENDS MORATORIUM AGAINST ADULT-ORIENTED SHOPS

A moratorium on permits for sexually oriented businesses in this beach community has been extended for another six months by a unanimous vote of the Nags Head Board of Commissioners Wednesday.

The Nags Head moratorium will remain in effect until Oct. 1.

Numerous residents, including business and religious leaders, have spoken out in recent months in support of the ban. North Carolina Senate President Pro Tempore Marc Basnight, D-Dare, also held a public hearing where citizens overwhelmingly spoke against adult shops and bookstores.

At Wednesday's meeting, no citizens spoke on the issue. However, Town Attorney Tom White Jr. updated the panel on legislation before the General Assembly concerning regulation of sex shops.

A proposed bill before the House of Representatives governs the sale of alcoholic beverages at such establishments.

A Senate bill hits closer to the Nags Head issue, clarifying the authority local governments have to regulate such businesses. Under the measure, local governments could limit such businesses to certain zoning districts, and establish buffers between sex shops and churches, schools and residential areas.

The bill also would allow municipalities and counties to restrict hours of operation, outdoor advertising and employees of such businesses.

In other action, the town moved a step closer toward greater regulation of personal watercraft. However, at the urging of local outdoor recreation business owners, the proposed resolution was sent back to White for some revision.

Under the original proposal the operation of jet skis would be prohibited within 600 yards of the shoreline. Also, jet ski operators would be required to go straight in and straight out from any shoreline at a speed no greater than 5 mph.

But in revisions suggested by recreational business owners, the 600-yard ban would not apply within the Outdoor Recreation Overlay District where the businesses are located.

And, instead of a 5 mph limit to and from the designated area, a ``No Wake'' zone would be created.

Nags Head Mayor Renee Cahoon agreed with the easing of the 600-foot limit.

``I think the 600-foot requirement is a little heavy-handed,'' Cahoon said. ``I think it would be best to exclude it in the Outdoor Recreation zone.''

In other action, the commission:

Voted 4-1 to resume door-to-door garbage collection during summer months at the Ocean Colony South subdivision in South Nags Head. Property owners and real estate agents asked for the resumption of services on the private street.

Commissioner Robert Muller voted against the proposal.

``If we approve this, we can expect residents from other private streets to ask for this,'' Muller said.

By a 4-1 vote, agreed to send back to the planning board Sallye Hardy's request to allow small day-care centers in a high-density residential zone.

Initially, by a 3-2 vote, the town approved the change. However, following a motion by Mayor Pro Tempore Lillie ``Doll'' Gray, the commission voted 4-1 to send the matter back to the planning board. Gray wants the planning panel to look at the possibility of allowing day-care centers in a variety of zoning districts, not just high-density residential.

Doug Remaley cast the dissenting vote.

Unanimously approved a mutual aid agreement between Nags Head and other area fire departments.

Voted unanimously that The Sands restaurant owner Warren Judge was in violation of town regulations governing parking and seating. Judge was ordered to re-stripe his parking lot to meet the required number of parking spaces, and pay $8,000 in water impact fees for additional seating added to his restaurant.

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