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ORANGE COUNTY <br />PLANNING BOARD ORDINANCE REVIEW COMMITTEE <br />ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: September 2, 2015 <br /> Action Agenda <br /> Item No. <br /> <br />SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Sexually Oriented <br />Business Regulations <br /> <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No <br /> <br /> <br />ATTACHMENT(S): INFORMATION CONTACT: <br />1. Comprehensive Plan and Unified <br />Development Ordinance Amendment <br />Outline Form (UDO & Zoning 2015-05) <br />2. Proposed Amendment(s) to Chapter 8 of <br />Orange County Code of Ordinances <br />Establishing Business License <br />Regulations <br />3. Proposed UDO Text Amendment <br />Michael D. Harvey, Planner III (919) 245-2578 <br />Craig Benedict, Director (919) 245-2575 <br /> <br />Attorney Involvement <br /> <br />John Roberts, County Attorney <br />James Bryan, Staff <br /> <br /> <br />PURPOSE: To review and comment upon Planning Director initiated Unified Development <br />Ordinance (UDO) text amendments seeking to adopt licensing, permitting, and operational <br />guidelines for sexually oriented businesses. <br /> <br />BACKGROUND: The Amendment Outline Form (Attachment 1) for these amendments was <br />reviewed and approved by the BOCC at its May 5, 2015 regular meeting. <br /> <br />Sexually oriented businesses, because of their very nature, are recognized as having potentially <br />objectionable operational characteristics and regulation is necessary to ensure adverse <br />secondary effects do not impact public health, safety or welfare. Such regulations, however, are <br />required to be content neutral and shall not have the effect of denying access by adults to <br />sexually oriented materials protected by the US Constitution’s First Amendment or deny access <br />by distributors and exhibitors of sexually oriented entertainment to their intended market. <br /> <br />The proposed regulations would: (1) establish a business licensing process for operators and <br />(2) establish land use regulations requiring sexually oriented businesses to be separated from <br />identified sensitive uses. For more information please refer to Section B of Attachment 1. <br /> <br />FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1. <br /> <br />RECOMMENDATION(S): The Planning Director recommends the Ordinance Review <br />Committee review and comment on the proposed amendments to the UDO. <br />11