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2 12 <br /> 1 creating blight for adjacent properties, cause an increase in crime and encourages residents <br /> 2 and businesses to move elsewhere. <br /> 3 b. Courts have consistently found local communities have the legal ability and interest in <br /> 4 promoting stable neighborhoods through requiring a setback. This was viewed as being a <br /> 5 substantial government interest and the incidental impact of an ordinance regulating such <br /> 6 businesses on protected speech. (United States versus O'Brien — US Supreme Court <br /> 7 (1976); Young versus American Movie Theaters Inc. — US Supreme Court (1979) ; City of <br /> 8 Renton versus Playtime Theaters — US Supreme Court (1986)). <br /> 9 The proposed setback does not restrict the activity that can occur within the business. <br /> 10 Planning staff is recommending sexually oriented businesses not be located within a <br /> 11 structure or on property where alcohol is allowed to be sold or consumed. Staff is <br /> 12 recommending the standard for several reasons including: <br /> 13 a. Referenced studies have found such land uses could attract an undesirable quantity and <br /> 14 quality of transients adversely impacting property values, creating blight for adjacent <br /> 15 properties, and causes an increase in crime (most notably prostitution). <br /> 16 In some of these studies alcohol is identified as contributing factor. <br /> 17 b. Courts have found local communities have the legal ability to restrict or prohibit the <br /> 18 consumption/sale of alcohol (Fay versus State Board of Alcoholic Control — NC Court of <br /> 19 Appeals (1976). <br /> 20 c. State law allows governing bodies to restrict alcohol sales/consumption at sexually <br /> 21 oriented businesses. Please refer to Attachment 2. <br /> 22 The prohibition on alcohol sales/consumption does not restrict the activity that can occur <br /> 23 within the business. <br /> 24 <br /> 25 Michael Harvey, Orange County Planning, made the following PowerPoint presentation: <br /> 26 <br /> 27 November 23, 2015 <br /> 28 Agenda Item: C-1 <br /> 29 Public Hearing-Unified Development Ordinance (UDO) Text Amendment <br /> 30 Sexually Oriented Businesses <br /> 31 Orange County Planning Department <br /> 32 <br /> 33 Background: <br /> 34 • Local governments cannot prohibit sexually oriented businesses outright. <br /> 35 <br /> 36 • Courts and State law allow local governments to regulate their location and certain <br /> 37 operational characteristics to ensure identified secondary impacts are mitigated. <br /> 38 <br /> 39 <br /> 40 Proposal: <br /> 41 • Amend the UDO to allow such businesses within light and medium intensity industrial <br /> 42 districts (I-1 and 1-2), <br /> 43 — Staff is recommending these districts as there are typically less identified <br /> 44 sensitive uses in proximity to industrial developments. <br /> 45 • Require mandatory setbacks from identified sensitive uses (i.e. church, school, single- <br /> 46 family residence, etc.), and <br /> 47 • Prohibit the consumption and/or sale of alcohol. <br /> 48 <br /> 49 Where Allowed (map) <br /> 50 <br /> 51 Staff Findings: <br />