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2 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS AND <br /> PLANNING BOARD <br /> QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: November 23, 2015 <br /> Action Agenda <br /> Item No. C.1 <br /> SUBJECT: Unified Development Ordinance Text Amendment — Sexually Oriented <br /> Business Land Use Regulations <br /> DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Comprehensive Plan and Unified Michael Harvey Planner 111,(919) 245-2597 <br /> Development Ordinance Outline Form — Craig Benedict, Director, (919) 245-2585 <br /> Sexually Oriented Businesses <br /> (UDO/Zoning 2015-05) <br /> 2. Excerpts of State Regulations on <br /> Regulating Sexually Oriented <br /> Businesses <br /> 3. Proposed UDO Text Amendment(s) <br /> PURPOSE: To hold a public hearing on Planning Director initiated Unified Development <br /> Ordinance (UDO) text amendments proposing land use regulations governing the development <br /> of sexually oriented businesses. <br /> BACKGROUND: The Board of County Commissioners (BOCC) approved the Amendment <br /> Outline Form (Attachment 1) for this item at its May 5, 2015 regular meeting. Agenda materials <br /> from this meeting can be viewed at- <br /> http://www.orangecountync.gov/doc ment center/ OCCAenda inutes/150505.pdf. <br /> As defined within NCGS 14-202.10 a sexually oriented business means, "Any businesses, or <br /> enterprises that have as one of their principal business purposes, or as a significant portion of <br /> their business, an emphasis on matter and conduct depicting, describing, or related to <br /> anatomical areas and sexual activities." <br /> The County cannot prohibit sexually oriented businesses outright but is afforded the opportunity <br /> to regulate their location and certain operational characteristics in an effort to ensure identified <br /> secondary impacts are mitigated. <br /> Staff is proposing to amend the UDO to establish Iocational criteria for such businesses <br /> including mandatory setbacks from identified sensitive uses (i.e. church, school, single-family <br /> residence, etc.) while allowing for their development consistent with applicable State and <br /> Federal requirements and prohibiting the consumption and/or sale of alcohol. In support of <br /> recommended land use regulations, staff offers the following information with respect to <br /> addressing identified secondary impacts. <br />