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4 <br /> In accordance with the provisions of Section 2.8 Zoning Atlas and Unified <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. <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 uses as contained in Article 10 of the UDO, are out of date and inconsistent with 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 /> 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. <br /> The County cannot prohibit sexually oriented businesses outright but is afforded the <br /> opportunity to regulate their location and certain operational characteristics in an <br /> effort to ensure identified secondary impacts are mitigated as much as possible. <br /> The proposed amendments establish locational criteria for such businesses including <br /> mandatory setbacks from identified sensitive uses (i.e. church, school, single-family <br /> residence, etc.) while allowing for their development consistent with applicable State <br /> and Federal requirements. <br /> 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) <br /> 2 <br />