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8 <br /> December 2, 2015 — The Planning Board reviewed this item at its December 2, <br /> 2015 meeting where the following comments/questions were made: <br /> • A Board member asked what was the point of regulating sexually oriented <br /> businesses as proposed within the amendment package. <br /> STAFF COMMENT: For the same reasons we regulate other <br /> businesses, to ensure there is a balance allowing for reasonable <br /> use of property while at the same time addressing potential <br /> secondary impacts created by individual land uses. <br /> Sexually oriented businesses, by their nature, can have unique <br /> impacts on adjacent properties and land uses that need to be <br /> addressed. The proposed regulations seek to do that. <br /> • A Board member asked for clarification on the County's ability to restrict <br /> alcohol consumption. <br /> STAFF COMMENT: State law grants local government the <br /> authority to regulate sexually oriented businesses including <br /> establishing regulations governing the consumption of alcohol. <br /> • A Board member asked if there any zoned properties in Orange County <br /> that would allow for the development of a sexually oriented business. <br /> STAFF COMMENT: There are existing properties that are <br /> appropriately zoned allowing for the development of a sexually <br /> oriented business. <br /> • Several Board members asked if there will there be any substantial <br /> economic development impact from approval of the proposed text <br /> amendment. <br /> STAFF COMMENT: It could be argued either way. Some <br /> individuals could argue this regulation may impede the <br /> development of a commercial venture while others will express <br /> concern over allowing sexually oriented businesses within the <br /> community. <br /> The proposed regulations are reasonable in that they allow for <br /> the development of the land use while protecting sensitive land <br /> uses (i.e. residences, schools, parks, churches, etc.) from <br /> identified secondary impacts. <br /> • A Board member indicated they believed the regulations were too strict. <br /> STAFF COMMENT: Proposed regulations are content neutral, <br /> will not restrict the general public's ability to access such <br /> businesses, does not prohibit their development outright, and is <br /> consistent with other similar regulations that have been upheld <br /> by the courts. <br /> • A Board member indicated they did not believe the text amendment was <br /> substantiated from a legal standpoint. <br /> STAFF COMMENT: Staff defers to the County Attorney to , <br /> 6 <br />