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Wednesday, July 16, 2003

Second city bans adult zoning


Covington OKs moratorium

By Cindy Schroeder
The Cincinnati Enquirer

COVINGTON - Elected officials in Northern Kentucky's largest city became the second government to approve a moratorium on sexually oriented business zones.

Covington City Commission gave its initial approval to the temporary ban on businesses such as adult bookstores and strip clubs at a special meeting Tuesday night. A final vote is expected July 22.

On Monday, Cold Spring City Council in Campbell County became the first Northern Kentucky city to give its initial approval to the moratorium. This afternoon,Kenton County Fiscal Court also will consider an ordinance endorsing the temporary ban.

Last Thursday, the Kenton County Planning Commission recommended that the 19 cities it serves adopt the moratorium. The change would prohibit sexually oriented businesses from expanding or opening new locations until May 2004, or until a study is finished on how to regulate adult businesses in Kenton and Campbell counties.

Two years ago, Covington Mayor Butch Callery asked county planners to consider allowing strip clubs and other types of adult entertainment businesses in any part of Kenton County zoned for industrial use. Callery said that would give cities more flexibility in locating businesses that many find undesirable.

Designating two or three locations to serve the entire county would be preferable to each city establishing a sexually oriented business district, he said.

"We just thought, 'Why should they all have to be in Covington?'" said Callery, whose city had six sexually oriented businesses at the time.

Although Campbell County is taking part in the sex zone study, planners there have not called for a moratorium on establishment of sexually oriented business zones. Campbell County's planning director has said that he hopes to continue regulating adult businesses through licensing. Next month, officials expect to see a preliminary draft of licensing recommendations from an Austin, Texas consulting firm that's doing the adult business study for the counties.

Kenton County Attorney Garry Edmondson said the moratorium is needed until the study is finished to protect the many communities that don't have protective regulations in effect.

"Once a (sexually oriented) business makes an application (to expand or open a new place), arguably they're ahead of the game," Edmondson said. After a business has opened, a government would have to deal with First Amendment issues

Cold Spring City Council gave its initial approval to the moratorium because it's one of eight Campbell County governments with its own planning commission.

The U.S. Supreme Court has ruled that communities must provide zones where sexually oriented businesses can locate. By regulating such uses on a regional basis, local officials hope to have more say about where the businesses can operate.

Earlier this year, a group of county planners and lawyers led by Edmondson recommended hiring the consultant to study a regional approach to addressing sexually oriented businesses.

E-mail cschroeder@enquirer.com




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