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5 <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 (I-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 (I-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 />