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10 are going to provide Staff with some comments on the possibility of expanding where these businesses are 476 allowed. Currently, “Sexually Oriented Businesses” are only allowed in two industrial zoning districts. 477 478 Lydia Wegman asked if it would be helpful to have comments from the Planning Board on this topic. 479 Michael Harvey said that the Board’s comments are welcome. 480 481 Lydia Wegman noted that she supports his position on “Sexually Oriented Businesses” and thinks that it is the best 482 for Orange County. 483 484 Michael Harvey thanked Lydia. 485 486 Michael Harvey reviewed “Day Spa” (page 155) and said that the County Attorney asked if this category could be 487 combined with those similar, like beauty and barber shops, nail salons, and tanning salons. The rationale against 488 this is that someone could have a nail salon or a massage operation or a tanning salon without having all the other 489 services of a day spa. Mr. Harvey believes each should be a separate category, including “Day Spa,” instead of an 490 overriding category that does not provide flexibility. He also noted that per discussions at the last Planning Board 491 meeting and with the County Attorney, “Repair Services” (page 156) will be collapsed into one central category and 492 further defined and differentiated in Article 5. As an example, if bicycle repair is not in Neighborhood Commercial 493 districts, this should be spelled-out in Article 5, not in Definitions. 494 495 Randy Marshall asked how “Tourist Home” is different from the other categories. 496 497 Michael Harvey responded that “Tourist Home” is different in terms of how many bedrooms and types of services it 498 allows. At a bed and breakfast (Inn or Country Inn), there is the ability to serve food and is usually run out of the 499 proprietor’s home, whereas a “Tourist Home” is more like a hotel, but not considered to be a commercial operation. 500 “Tourist Homes” are currently allowed in certain residential districts. This may end-up being combined with “Rural 501 Guest Establishments – Bed and Breakfast” but there has been no directive to address this by the County Attorney 502 at this time. 503 504 David Blankfard asked if “Tourist Home” has to be in rural areas. 505 506 Michael Harvey answered that the “Tourist Home” is allowed in higher intensity residential districts, whereas “Rural 507 Guest Establishments” are allowed in agricultural and residential districts. 508 509 David Blankfard followed-up with the example that if he wanted to have an Air B&Bs in downtown Hillsborough, 510 would it be classified as a “Tourist Home?” 511 512 Michael Harvey answered that following that example, in a more urban setting he may have to do the tourist home. 513 514 Alexander Gregory said that it seems like “Tourist Home” is more like an Air B&B option. 515 516 Michael Harvey said that this could be the case. He went on to say that there are sufficient court cases that would 517 prohibit someone from renting out their house for a week or a month or six months. With Air B&B there are a 518 plethora of options, and if it is a bed and breakfast, there need to be the appropriate permits. If someone decides to 519 rent his/her/their house out for a week, is that a commercial land use? Various court cases over the years have 520 determined that no, it does not. In a recent court case in Currituck County, a 24-bedroom house was found to be a 521 single family residence, not a commercial land use operation. It is hard to take an example from a coastal region 522 where the economies and scale are different than the Piedmont, but the 24-bedroom house is classified this way for 523 permitting purposes and is rented out, and this is an un-regulated activity. The provision of service, like breakfast, 524 puts something into the category of a bed and breakfast or a tourist home. Issues around Air B&Bs continue to be 525 reported and considered by Staff, and Staff will continue to be cognizant of what separates a “transient hotel-ish” 526 situation from a single family residential situation. 527 528 14