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p1F <br /> 5b <br /> )rdinance#:2016-004 <br /> AN ORDINANCE AMENDING <br /> THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE <br /> WHEREAS, Orange County has initiated amendment(s) to the Orange County Unified <br /> Development Ordinance in order to adopt regulations governing the location and development <br /> of sexually oriented businesses, and <br /> WHEREAS, numerous studies, most notably: <br /> a. A 2013 study for Louisville Kentucky by Eric S. McCord and Richard Tewksbury; <br /> A 2011 study entitled The ASSOCIATION of Adult Businesses with Secondary <br /> Effects: Legal Doctrine, Social Theory, and <br /> b. Empirical Evidence authored by Alan C. Weinstein and Richard McCleary; and <br /> c. A 1996 report completed by the American Center for Law and Justice <br /> have indicated sexually oriented businesses support detrimental activities (i.e. personal and <br /> property crimes, prostitution, drugs, etc.) within the vicinity of their operation(s) that are <br /> incompatible with activities occurring within residential areas, and have a negative impact on <br /> local businesses, and <br /> WHEREAS, these same studies indicate there is evidence when sexually oriented <br /> businesses are located near each other and/or near businesses that serve alcohol, identified <br /> secondary impacts are increased, and <br /> WHEREAS, A 2005 report completed by Duncan and Associates for Kenton and <br /> Campbell Counties in Kentucky, as well as the Northern Kentucky Area Planning Commission, <br /> found that: A governmental body's key purpose in regulating sexually oriented businesses is to <br /> mitigate the negative secondary effects. One of the easiest ways is to ensure that the sexually <br /> oriented businesses are located away from the types of land uses on which they are most <br /> likely to have adverse secondary effects. Zoning is the classic tool for regulating the locations <br /> of various uses and for ensuring that uses that are incompatible are kept reasonably separate, <br /> and <br /> WHEREAS, the courts have consistently found local communities have the legal ability <br /> and interest in promoting stable neighborhoods through requiring setbacks and limiting the <br /> operational parameters of sexually oriented businesses to address identified secondary <br /> impacts, and <br /> WHEREAS, the courts have found local communities have the legal ability to restrict or <br /> prohibit the consumption/sale of alcohol at sexually oriented businesses to address identified <br /> secondary impacts, and <br /> WHEREAS, the County has determined the secondary effects of sexually oriented <br /> businesses have negative secondary impacts on the surrounding area, which will be <br /> addressed by the proposed regulations. <br /> 1 <br />