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9 <br />Development Ordinance Amendments of the UDO, the Planning Director has <br />initiated a text amendment to establish regulations governing the development of <br />sexually oriented businesses. Proposed UDO text amendments shall be presented <br />in conjunction with amendments to the County Code of Ordinances establishing <br />business licensing provisions for these businesses as well. <br />As defined within NCGS 14- 202.10 a sexually oriented business means, "Any <br />businesses, or enterprises that have as one of their principal business purposes, or <br />as a significant portion of their business, an emphasis on matter and conduct <br />depicting, describing, or related to anatomical areas and sexual activities." <br />Sexually oriented businesses, because of their very nature, are recognized as having <br />potentially objectionable operational characteristics. Regulation of these uses are <br />necessary to ensure adverse secondary effects do not contribute to the blighting of <br />surrounding neighborhoods and to regulate acts, omissions or conditions that could <br />be construed as detrimental to the public health, safety or welfare. This includes <br />ensuring development of such businesses does not create a disincentive for <br />additional economic development in a given area. <br />Such regulations, however, are required to be content neutral and shall not have the <br />effect of imposing a limitation or restriction on the content of any communicative <br />materials or deny access by adults to sexually oriented materials protected by the US <br />Constitution's First Amendment. Regulations also cannot be so restrictive as to deny <br />access by the distributors and exhibitors of sexually oriented entertainment to their <br />intended market. <br />Currently, Orange County does not permit the development of sexually oriented <br />businesses within any general use zoning district. Existing definitions, including adult <br />uses as contained in Article 10 of the UDO, are out of date and inconsistent with <br />State regulations and recent court decisions. <br />Proposed amendments shall establish locational criteria for such businesses <br />including mandatory setbacks from identified sensitive uses (i.e. church, school, <br />single - family residence, etc.) while allowing for their development consistent with <br />applicable State and Federal requirements. <br />2. Analysis <br />As required under Section 2.8.5 of the UDO, the Planning Director is required to: <br />`cause an analysis to be made of the application and, based upon that analysis, <br />prepare a recommendation for consideration by the Planning Board and the Board of <br />County Commissioners'. <br />The amendment(s) are necessary to ensure the County is consistent with provisions <br />of State and Federal law. The County cannot prohibit sexually oriented businesses <br />outright but is afforded the opportunity to regulate their location and certain <br />operational characteristics in an effort to ensure identified secondary impacts are <br />mitigated as much as possible. <br />2 <br />