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Johnston County, NC Business Licensing & Operations: Adult Entertainment (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Buffer distance
1,000 feet in any direction, § 6-76(b)
Protected uses
Dwellings, churches, schools/day cares, parks/pools
Jurisdiction
Unincorporated county only, § 6-72
Nonconforming grace period
2 years maximum, § 6-76(c)
Penalty
$500.00 civil penalty, § 1-6

Summary

Johnston County bans sexually oriented businesses, including massage parlors, adult bookstores, arcades and theaters, from operating within 1,000 feet of a dwelling, church, public school, licensed day care, park, playground, pool, or another adult or sexually oriented business anywhere in the unincorporated county. Section 6-76(b) sets the buffer; an existing business gets only two years as a nonconforming use.

These county ordinances apply to unincorporated areas of Johnston County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(b) Sexually oriented businesses. No sexually oriented business shall be permitted in any building located within 1,000 feet in any direction from: (1) A building used as a dwelling. (2) A building in which an adult business or a sexually oriented business is located. (3) A building used as a church, synagogue, or other house of worship. (4) A building used as a public school or as a state-licensed day care center. (5) Any lot or parcel on which a public playground, public swimming pool, or public park is located. (c) Nonconforming adult businesses and sexually oriented adult businesses. Any adult business or sexually oriented business lawfully operating on the effective date of the ordinance from which this article is derived, that is in violation of this article shall be deemed a nonconforming use. Any use which is determined to be nonconforming by application of the provisions of this section shall be permitted to continue for a period not to exceed two years.

Full Breakdown

" Section 6-76(b) prohibits placing any sexually oriented business within 1,000 feet, measured in any direction, of a dwelling, another adult or sexually oriented business, a church or house of worship, a public school or state-licensed day care, or a lot holding a public park, playground, or swimming pool. The article applies only outside town limits: Section 6-72 states it "shall apply to every building, lot, tract, or parcel of land within the county exclusive of the jurisdiction of any incorporated municipality," so Clayton, Smithfield, Selma and the county's other towns set their own rules within their limits and extraterritorial jurisdiction.

A sexually oriented business lawfully operating before the ordinance took effect is treated as nonconforming under Section 6-76(c) and "shall be permitted to continue for a period not to exceed two years," after which it must close or relocate to a compliant site; nonconforming uses cannot be enlarged, extended, or altered in the meantime. The rules exist, per Section 6-73, "to regulate adult and sexually oriented businesses" for "the health, safety, morals and general welfare of the citizenry," and Section 6-74 confirms they add to, rather than replace, any zoning setback or covenant already in place.

Violations & Fines

Article III does not set its own fine, so a sexually oriented business sited inside the 1,000-foot buffer, or a nonconforming use kept open past its two-year window, falls under Johnston County Code Section 1-6's general penalty: a $500.00 civil penalty per violation, with the county also able to pursue an injunction and order of abatement in superior court to shut down or relocate a noncompliant use.

Frequently Asked Questions

Does the 1,000-foot buffer apply inside Clayton or Smithfield?
No. Section 6-72 limits Article III to land "within the county exclusive of the jurisdiction of any incorporated municipality," so it governs only unincorporated Johnston County; each town regulates adult and sexually oriented businesses within its own limits and extraterritorial jurisdiction.
What counts as a sexually oriented business under this ordinance?
Section 6-75 lists adult arcades, adult bookstores with over 25 percent of retail space devoted to sexual material, adult motion picture theaters, adult theaters, and massage businesses such as massage parlors and studios, all defined together as sexually oriented businesses.
Can a business that predates the ordinance keep operating?
Only as a nonconforming use for up to two years under Section 6-76(c). It cannot be enlarged, extended, or altered during that window, and once the two years run out it must close or move to a compliant location.
What is the penalty for violating the spacing rule?
Article III sets no specific fine, so Johnston County's general penalty in Section 1-6 applies: a $500.00 civil penalty per violation, plus the county's option to seek a court injunction ordering the business to relocate or shut down.

Sources & Official References

Other rules in Johnston County

All Johnston County rules

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