Agenda - 01-21-2016 - 6-a - Minutes

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2 1 Staff is proposing to amend the UDO to establish locational criteria for such businesses 2 including mandatory setbacks from identified sensitive uses (i.e. church, school, single-family 3 residence, etc.)while allowing for their development consistent with applicable State and 4 Federal requirements and prohibiting the consumption and/or sale of alcohol. In support of 5 recommended land use regulations, staff offers the following information with respect to 6 addressing identified secondary impacts. 7 Staff's review of these studies caused a conclusion that the secondary effects of 8 sexually oriented businesses have negative impacts on the surrounding area, in the form of 9 crime and property devaluation, which will be addressed by the proposed regulations. 10 Planning staff is recommending sexually oriented businesses observe a 1,000 ft. 11 setback from each other as well as identified sensitive uses (i.e. church, residence, playground, 12 etc.). Staff is recommending the setback for several reasons, including: 13 a. Referenced studies have found the clustering of such land uses in a given area could 14 attract an undesirable quantity and quality of transients adversely impacting property values, 15 creating blight for adjacent properties, cause an increase in crime and encourages residents 16 and businesses to move elsewhere. 17 b. Courts have consistently found local communities have the legal ability and interest in 18 promoting stable neighborhoods through requiring a setback. This was viewed as being a 19 substantial government interest and the incidental impact of an ordinance regulating such 20 businesses on protected speech. (United States versus O'Brien — US Supreme Court 21 (1976); Young versus American Movie Theaters Inc. — US Supreme Court (1979) ; City of 22 Renton versus Playtime Theaters — US Supreme Court (1986)). 23 The proposed setback does not restrict the activity that can occur within the business. 24 Planning staff is recommending sexually oriented businesses not be located within a 25 structure or on property where alcohol is allowed to be sold or consumed. Staff is 26 recommending the standard for several reasons including: 27 a. Referenced studies have found such land uses could attract an undesirable quantity and 28 quality of transients adversely impacting property values, creating blight for adjacent 29 properties, and causes an increase in crime (most notably prostitution). 30 In some of these studies alcohol is identified as contributing factor. 31 b. Courts have found local communities have the legal ability to restrict or prohibit the 32 consumption/sale of alcohol (Fay versus State Board of Alcoholic Control — NC Court of 33 Appeals (1976). 34 c. State law allows governing bodies to restrict alcohol sales/consumption at sexually 35 oriented businesses. Please refer to Attachment 2. 36 The prohibition on alcohol sales/consumption does not restrict the activity that can occur 37 within the business. 38 39 Michael Harvey, Orange County Planning, made the following PowerPoint presentation: 40 41 November 23, 2015 42 Agenda Item: C-1 43 Public Hearing-Unified Development Ordinance (UDO) Text Amendment 44 Sexually Oriented Businesses 45 Orange County Planning Department 46 47 Background: 48 • Local governments cannot prohibit sexually oriented businesses outright. 49 50 • Courts and State law allow local governments to regulate their location and certain 51 operational characteristics to ensure identified secondary impacts are mitigated.