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11 Kim Piracci asked for the definition of “Sexually Oriented Businesses.” 529 530 Michael Harvey answered that it is anything that meets the state statutory definition, including businesses like adult 531 cabaret, adult bookstore, adult motion picture theater, “adult hotel,” and other examples defined in the UDO. 532 533 Randy Marshall asked if massage parlors are included in these examples. 534 535 Michael Harvey answered that a massage parlor is a recognized physical therapy treatment center, albeit, if they 536 offer certain services, it could be a violation of state rules and local ordinances. 537 538 Randy Marshall asked if “adult massage parlor” was included in the definition. 539 540 Michael Harvey answered that it was not specifically included, and said that the sexually oriented business category 541 is a global land use category of a myriad of different activities. 542 543 Kim Piracci asked if the category includes in the retail sales of certain clothing and that kind of thing? 544 545 Michael Harvey said that no, but it would include the sale of adult oriented merchandise, including videos and 546 devices, for example. These businesses are currently only allowed in industrial districts. He said that there are also 547 percentages that come into play here; for example, a convenience store or video store that sells sexually-oriented 548 magazines or rents sexually oriented movies is not be a sexually oriented business because the percentage of the 549 sales that you generates is less than the majority of overall sales. If a store sells only lingerie, it is a clothing store, 550 but if it sells other merchandise defined in sexually oriented businesses, the store may only be permitted in certain 551 districts. 552 553 Michael Harvey continued with his presentation (page 157) and discussed Telecommunications. While Staff is not 554 proposing any changes to this category, there will likely need to be an overhaul to existing standards in the UDO 555 soon, based on recent changes to state law (and more changes coming). Mr. Harvey asked that the Board skip its 556 review of Temporary Uses (page 158) for now as the County Attorney and he are continuing to work on this section. 557 He will keep the Board up-to-date on any changes. The “Temporary Uses” categories was created because there 558 are temporary uses in the UDO, and the mantra during this process was to list them in the Table, but they may be 559 left out of the Table and remain in Article 5 only. Mr. Harvey reviewed “Utilities” (page 159) next and said that Staff 560 is not making any changes. He reminded that Board that the County Attorney and Staff are reviewing what legal 561 authority they have in permitting utilities, and where the County could be preempted by state law. He used the 562 example of the case of Special Use Permit proposing a regional gas line in Orange County several years ago. Even 563 though the entity was required to get, and did obtain, a Class B Special Use Permit, they vehemently argued that 564 they did not have to obtain such a permit. Since they did not appeal the decision, the permit requirement did not 565 change. Looking back on the case, there is some thought that with activities regulative under the Utilities 566 Commission, the County may not have as much regulatory authority as they think. This will be reviewed and 567 handled as part of a separate process. As current regulations entail, there are certain activities permitted by right, 568 while others only with a Special Use Permit. Staff is not changing any of the current requirements. 569 570 Lydia Wegman asked for the definition for “Solar Array – Large Facility.” 571 572 Michael Harvey said that a large facility can generate over 100,000 kilowatts. 573 574 Randy Marshall also asked for more information about solar arrays being put on schools or other government 575 buildings. 576 577 Michael Harvey responded that language in Article 5, Section 9.6 spells-out that for non-residential activities the 578 solar array is limited to the amount of kilowatts necessary to support the operation of your project. Following Mr. 579 Marshall’s example, if there is a school with a need for 50,000 kilowatts of power, there could be solar arrays on-580 15