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M <br />B. RATIONALE <br />1. Purpose /Mission <br />In accordance with the provisions of Section 2.8 Zoning Atlas and Unified <br />Development Ordinance Amendments of the UDO, the Planning Director has <br />initiated a text amendment to revise existing regulations and definitions of <br />recreational uses. <br />While reviewing an issue with the Attorney's office it was determined the County's <br />existing definitions and classification methodology for recreation uses (i.e. relying on <br />the profit/non- profit status of said operation) was not appropriate and inconsistent <br />with acceptable legal practice. The regulation and permitting of recreational uses <br />should be based anticipated impacts of said use rather than on its `tax status'. <br />2. Analysis <br />As required under Section 2.8.5 of the UDO, the Planning Director is required to: <br />`cause an analysis to be made of the application and, based upon that analysis, <br />prepare a recommendation for consideration by the Planning Board and the Board of <br />County Commissioners'. <br />Recreational uses are defined as follows within the UDO: <br />• Recreation Use, Non - Profit: An indoor or outdoor recreation use owned by a <br />not - for - profit corporation, according to the laws of North Carolina. <br />• Recreation Use, Profit: An indoor or outdoor recreation use owned by an <br />entity other than a not - for - profit corporation. <br />Recreation Use, Non - profit land uses are allowed, through the issuance of a Class B <br />Special Use Permit (i.e. reviewed and acted upon by the Board of Adjustment) in: <br />1. All residential zoning (i.e. Rural Buffer (RB), Agricultural Residential (AR), Rural <br />Residential (R -1), Low (R -2), Medium Residential (R -3, R -4), and High <br />Intensity(R -5, R -8, and R -13) districts. <br />2. Commercial zoning (i.e. Local Commercial (LC -1), Neighborhood Commercial <br />(NC -2), Community Commercial (CC -3), General Commercial (GC -4), and Office <br />Institutional (01)) districts. <br />3. All industrial (i.e. Light Industrial (1 -1), Medium Industrial (1 -2), Heavy Industrial (I- <br />3)) districts. <br />4. Within a Master Planned Development Conditional Zoning (MPD -CZ) district. <br />Recreation Use, Profit is allowed within the Community Commercial (CC -3), General <br />Commercial (GC -4), and Light Industrial (1 -1) zoning districts as a permitted use (i.e. <br />administrative review and approval by staff). <br />Within the Buckhorn and Eno Economic Development districts both Recreation Use, <br />Profit and Non - profit land uses are only allowed within both the Low and High <br />Intensity general use zoning designations with the review and approval of a <br />Conditional Use (i.e. rezoning and Class A Special Use Permit) application by the <br />BOCC. There are specific recreational land uses, including a golf driving range, <br />2 <br />