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Staff is proposing to amend the UDO to establish locational 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 /> Staff's review of these studies caused a conclusion that the secondary effects of <br /> sexually oriented businesses have negative impacts on the surrounding area, in the form of <br /> crime and property devaluation, which will be addressed by the proposed regulations. <br /> Planning staff is recommending sexually oriented businesses observe a 1,000 ft. <br /> setback from each other as well as identified sensitive uses (i.e. church, residence, playground, <br /> etc.). Staff is recommending the setback for several reasons, including: <br /> a. Referenced studies have found the clustering of such land uses in a given area could <br /> attract an undesirable quantity and quality of transients adversely impacting property values, <br /> creating blight for adjacent properties, cause an increase in crime and encourages residents <br /> and businesses to move elsewhere. <br /> b. Courts have consistently found local communities have the legal ability and interest in <br /> promoting stable neighborhoods through requiring a setback. This was viewed as being a <br /> substantial government interest and the incidental impact of an ordinance regulating such <br /> businesses on protected speech. (United States versus O'Brien — US Supreme Court <br /> (1976); Young versus American Movie Theaters Inc. — US Supreme Court (1979) ; City of <br /> Renton versus Playtime Theaters — US Supreme Court (1986)). <br /> The proposed setback does not restrict the activity that can occur within the business. <br /> Planning staff is recommending sexually oriented businesses not be located within a <br /> structure or on property where alcohol is allowed to be sold or consumed. Staff is <br /> recommending the standard for several reasons including: <br /> a. Referenced studies have found such land uses could attract an undesirable quantity and <br /> quality of transients adversely impacting property values, creating blight for adjacent <br /> properties, and causes an increase in crime (most notably prostitution). <br /> In some of these studies alcohol is identified as contributing factor. <br /> b. Courts have found local communities have the legal ability to restrict or prohibit the <br /> consumption/sale of alcohol (Fay versus State Board of Alcoholic Control — NC Court of <br /> Appeals (1976). <br /> c. State law allows governing bodies to restrict alcohol sales/consumption at sexually <br /> oriented businesses. Please refer to Attachment 2. <br /> The prohibition on alcohol sales/consumption does not restrict the activity that can occur <br /> within the business. <br /> Michael Harvey, Orange County Planning, made the following PowerPoint presentation: <br /> November 23, 2015 <br /> Agenda Item: C-1 <br /> Public Hearing-Unified Development Ordinance (UDO) Text Amendment <br /> Sexually Oriented Businesses <br /> Orange County Planning Department <br /> Background: <br /> • Local governments cannot prohibit sexually oriented businesses outright. <br /> • Courts and State law allow local governments to regulate their location and certain <br /> operational characteristics to ensure identified secondary impacts are mitigated. <br />