By Cindy Schroeder
The Cincinnati Enquirer

FORT MITCHELL - Kenton County planners want to know what the public thinks of a proposal to temporarily halt the creation of zones for businesses such as strip clubs and adult bookstores.

A hearing on a proposed moratorium on establishing sexually oriented business zones will be at 6:15 p.m. Thursday at the Northern Kentucky Area Planning Commission offices. The proposal will be discussed as part of the Kenton County Planning Commission's regular meeting.

A group of lawyers and planning officials led by Kenton County Attorney Garry Edmondson is recommending the moratorium. It would last until May 15, 2004, or until a national expert on zoning issues finishes a study on how best to regulate adult businesses in Kenton and Campbell counties. The $42,000 study will offer recommendations on licensing requirements and zoning laws for adult businesses.

Edmondson said he sought the moratorium after operators of sexually oriented businesses recently scouted locations in Northern Kentucky communities.

"The concern is that someone might come in and create a business outside of the zoning process before our study is completed," Edmondson said. "Then we could have a grandfathered situation. We don't want that."

The U.S. Supreme Court has ruled that communities must provide zones where sexually oriented businesses can locate, no matter how undesirable local residents and business owners may find them. By designating a larger area where such businesses can locate, officials in Kenton and Campbell counties hope to balance the First Amendment rights of sexually oriented businesses with community concerns.

Local officials backing the study hope it will conclude that Northern Kentucky has enough sexually oriented business zones to satisfy U.S. Supreme Court requirements and that new ones aren't needed. They also hope the study will help them develop more stringent licensing requirements for adult businesses.

The planning commission staff is recommending approval of the moratorium as presented, said Mike Schwartz, deputy director of land use planning for the Northern Kentucky Area Planning Commission. Once the Kenton County Planning Commission approves the moratorium, Kenton County Fiscal Court and all the county's cities must OK the change.

While planners throughout the country have imposed moratoriums in various land development issues, Schwartz said that he couldn't recall a local request for a moratorium in his 18 years with the planning commission.

Although Campbell County is taking part in the sex zone study, planners there have not called for a moratorium on establishment of new sexually oriented business zones.

"Campbell County has been able to keep that type of business under control through licensing,'' said Peter Klear, Campbell County's director of planning and zoning. "With licensure, if you have problems, you can go back and say, 'Clean up your act or we're pulling your license...' We're pursuing that course first.''

Within the next four to six weeks, Klear said he expects to see a preliminary draft of licensing recommendations from the Austin, Texas, consulting firm that's doing the sexually oriented business study for the counties.

If you go

What: Hearing on proposed moratorium on establishing sexually oriented business zones

When: 6:15 p.m. Thursday

Where: Kenton County Planning Commission meeting room, 2332 Royal Drive, Fort Mitchell

Information: (859) 331-8980

E-mail cschroeder@enquirer.com