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7 <br /> I Mission/Scope: Public Hearing process consistent with NC State Statutes and <br /> Orange County ordinance requirements <br /> a. Planning Board Review: <br /> September 2, 2015 — Ordinance Review Committee <br /> The ORC met and reviewed this item at its September 2, 2015 meeting where the <br /> following comments were made: <br /> • A Board member asked if there was sufficient legal precedent for the <br /> establishment of separation requirements. <br /> STAFF COMMENT: State law grants local government the authority <br /> to regulate sexually oriented businesses including establishing <br /> separation requirements from sensitive uses (i.e. church, school, <br /> playground, etc.). <br /> • A Board member asked how many sexually oriented businesses there are <br /> in the County and inquired specifically on the status of the adult <br /> entertainment club off of NC Highway 86 North. <br /> STAFF COMMENT: There were 2 sexually oriented businesses <br /> operating in the County but both are now closed including the facility <br /> off of NC Highway 86. If this Ordinance is passed they will be unable <br /> to reopen. <br /> • A Board member asked if there were any properties zoned 1-2 or 1-3 that <br /> could accommodate a sexually oriented businesses. <br /> STAFF COMMENT: There are currently no properties zoned 1-2 or 1-3. <br /> There is, however, available land area that could be rezoned to <br /> support such development. <br /> • A Board member asked if these types of land uses create adverse <br /> economic impacts by scaring away other types of business operations. <br /> STAFF COMMENT: Staff cannot guarantee adjacent property or <br /> business owners will be unfazed if a sexually oriented business locates <br /> adjacent to them. To some the business is no different than a night <br /> club or a video store. To others such businesses offend their sense of <br /> decency. <br /> Staff is recommending the medium (1-2) and heavy (1-3) industrial <br /> districts as there are typically a lack of sensitive uses in these areas <br /> and, for the most part, commercial land uses in these districts will be <br /> closed during the time a sexually oriented business is open. <br /> • A Board member asked if sexually oriented businesses create blight. <br /> STAFF COMMENT: Any land use can create blight if not properly <br /> maintained. From staff's standpoint a sexually oriented business <br /> creates more significant impacts if not properly regulated. <br /> The ORC materials are available <br /> at: http://www.oranqecountync.qov/ORC Sep 2015 Aqenda Packaqe.pdf. <br /> Meeting notes can be viewed by utilizing the following <br /> link: http://www.orangecountync.gov/9 2 15 ORC Notes.pdf. <br /> 5 <br />