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ORANGE COUNTY <br />PLANNING BOARD <br />ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: December 2, 2015 <br /> <br /> Action Agenda <br /> Item No. 8 <br /> <br />SUBJECT: Unified Development Ordinance Text Amendment – Sexually Oriented <br />Businesses <br /> <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes <br /> <br /> <br />ATTACHMENT(S): <br />1. Comprehensive Plan and Unified <br />Development Ordinance Outline Form – <br />Sexually Oriented Businesses <br />(UDO/Zoning 2015-05) <br />2. Statement of Consistency <br />3. Proposed UDO Text Amendment(s) <br /> INFORMATION CONTACT: <br /> Michael Harvey, Planner III (919) 245-2597 <br /> Craig Benedict, Director (919) 245-2585 <br /> <br />PURPOSE: To make a recommendation to the BOCC on Planning Director initiated <br />amendments to the Unified Development Ordinance (UDO) regarding the regulation of sexually <br />oriented businesses. <br /> <br />BACKGROUND: This item was presented at the November 23, 2015 Quarterly Public Hearing <br />(materials available at: <br />http://www.orangecountync.gov/document_center/BOCCAgendaMinutes/151123.pdf ). <br /> <br />As indicated during the hearing, the County cannot prohibit sexually oriented businesses <br />outright but is afforded the opportunity to regulate their location and certain operational <br />characteristics in an effort to ensure identified secondary impacts are mitigated. For additional <br />background information please refer to Section B.1 of Attachment 1. <br /> <br />At the public hearing staff provided links to several studies and reports identifying various <br />secondary impacts associated with sexually oriented businesses and how the proposed text <br />amendments addressed them. <br /> <br />Please refer to Section C.1 of Attachment 1 for a synopsis of additional comments made at the <br />public hearing. Please note staff will be working with the County Attorney’s office to address <br />concerns related to the proposed definition of Nudity or a State of Nudity for presentation and <br />review at the December 2, 2015 Planning Board meeting. <br /> <br />Procedural Information: In accordance with Section 2.8.8 of the UDO any evidence not <br />presented at the public hearing must be submitted in writing prior to the Planning Board’s <br />recommendation. Additional oral evidence may be considered by the Planning Board only if it is <br />for the purpose of presenting information also submitted in writing. The public hearing is held <br /> 43