NEWS: York County Supervisors Get Behind Restrictions on 'Sexually-Oriented Business'
Hard and fast change to zoning for SOBs is 'Triangle' region's first time
At their recent meeting, the York County Board of Supervisors approved a new zoning ordinance which puts restrictions on what the County deems “sexually-oriented business.” The ordinance also implements a ban on SOBs as potential home-based businesses. Any approved SOBs in commercial areas will need a special use permit.
In December, the County Planning Commission previously approved the resolution 6-0. At the Supervisor’s meeting, several County residents spoke in support of the change. No members of the public offered any stiff opposition and no objections to the resolution were raised.
While the resolution sets standards for any sexual-oriented business such as setbacks from the road and operating hours, it also specifies topics such as anatomical areas that can or can’t be exposed, as well as describing regulated sexual activity. This level of detail is necessary according to the County Administrator’s summary of the proposed zoning changes.
Multiple comments from the Board implied that regulating adult businesses can be a sticky situation. “I want to make sure the public understands the complexity of what we’re doing here,” said Thomas G. Shepperd, Jr. (District 5). He said he thought the County staff had done a “tremendous job of working through this minefield.”
Indeed, the County Administrator’s review of relevant law confirms that “sexually-oriented businesses present unique regulatory challenges due to constitutional protections. Any zoning regulations affecting these establishments must be carefully crafted to comply with First Amendment protections and relevant case law.”
In a presentation given to the Board, the County’s Acting Principal Planner, Caitlin E. Aubut, stated that Williamsburg and James City County do not currently have specific zoning ordinances in place for adult business. She explained that the County’s planning department conducted a penetrating analysis of adult-oriented industry across Hampton Roads in order to craft the resolution. For example, their report provides a comprehensive list of sexually-oriented businesses in the region. (Which we’ve turned into an interactive Google map here).
Supervisor G.Stephen Roane, Jr. (District 4) specifically congratulated County staff on their discovery effort. “Thanks to the planning division for working this issue. I know it was difficult. I appreciate the time and effort and the research you did into it, and to craft the documentation. So, I say ‘good job there.’” Vice Chair and District 1 Supervisor, Douglas R. Holroyd commended the staff on how quickly they put the zoning package together.
Among the insights gathered by York County about Hampton Road’s adult-oriented industries are:
Virginia Beach leads the way in number of establishments (10), followed by Newport News (8), Norfolk and Portsmouth (6 each).
56% of all establishments occupied standalone buildings while 38% were located in shopping centers/strip malls.
38% of all establishments are near residential areas, 33% are in commercial areas, 5% industrial, as well as a couple motels.
George Arbogust is Founder and Editor of the Williamsburg Independent. You can contribute too! Email tips and story ideas: contact@williamsburgindependent.com