(A) Purpose. The purpose of this section is to accommodate certain commercial activities which are recreational in nature and are permitted or conditional permitted in any zone. This section sets forth procedures for considering and approving a commercial recreation use permit. The character of such recreational activities may require proper conditions to protect the health, safety and welfare of the public in general. The provisions of this section shall only apply to the commercial recreation uses permitted or conditionally permitted in the zone where the recreational activity shall occur. Commercial recreation uses not specifically identified in the applicable zoning use tables are not allowed. The requirements of this section shall not be construed to prohibit or limit other applicable provisions of this chapter, this code and other laws. This subchapter shall not apply to recreational activities lawfully conducted by a government agency.
(B) Approval authority. The Zoning Administrator shall be the approval authority for commercial recreation use permits, listed as a “P1” in the use table, as provided in this section. The Planning Commission shall be the approval authority for commercial recreation use permits, listed as a “P2” in the use table, as provided in this section. The County Commission shall be the approval authority for commercial recreation use permits, listed as a “P3” in the use table, as provided in this section.
(C) Initiation. Any person may apply for a commercial recreation use permit as provided in this section, subject to compliance with the provisions of this section and this chapter.
(D) Commercial recreation use permit required. Unless exempt under the provisions of this section, no person shall conduct any commercial recreation use without obtaining a commercial recreation use permit by submitting a complete application, including payment of all fees and issued pursuant to the requirements of this section and this chapter.
(1) Exemptions.
(a) All private recreation and/or activities conducted on private property and established for the private enjoyment of the owner shall be exempt from the provisions of this section.
(b) Recreation uses, activities and/or events which are temporary in nature and are conducted as part of approved county fairgrounds uses, or require rental or reservation of a county park or other permissible county facilities or are within a structure or on a site for which the structure or site were specifically designed, including, but not limited to:
1. School sports, Little League or community organized sports, activities or events, on school or other public property, regardless of public or private schools, sponsored or sanctioned by the state’s High School Activities Association (UHSAA) or the school district in which the school is located; and
2. On-site school programs or activities for the attendance of students, relatives and guests which are not of a money-raising nature.
(d) For recreational uses, activities and/or events covered by a conditional use or temporary use permit, a commercial recreation use permit shall be incorporated within such conditional use or temporary use permit and need not be a separate application, provided the requirements of this subchapter are met.
(2) Uses allowed. Any person may sponsor or conduct for profit purposes the recreational uses set forth in the applicable use table for the zone for which the recreational use will take place subject to the issuance of a commercial recreation use permit, unless under express provisions of this section no such permit is required.
(E) General criteria. Commercial recreation uses or activities shall fully comply with all of the following general criteria:
(1) The recreational use or activity is completely contained on private property or in conjunction with public property for which the property owner or governing agency has given permission for the recreational use or activity;
(2) No excavation, improvements or modifications such as cutting, clearing, grading and other earthmoving operations that may threaten the surrounding soil, slope, vegetation and the existing natural drainage of the site or a part of it, shall take place without first obtaining the appropriate permits from the applicable federal, state and local government agencies;
(3) No public services such as police, fire or ambulance, are anticipated to be needed on-site for the recreational use or activity, whether for traffic control, on standby or for security at the site;
(4) The recreational uses or activity are considered to have little or no impact on public health, safety and general welfare; and
(5) Traffic, crowd or parking control is not needed to accommodate the recreational use or activity.
(F) Review procedure. An application for a commercial recreation use permit shall be considered and processed as provided in this division (F).
(1) A complete application shall be submitted to the office of the Zoning Administrator in a form established by the administrator along with any fee established by the county’s adopted fee schedule. The application shall include at least the following information:
(a) The name, address and telephone number of the applicant and the applicant’s agent, if any;
(b) The requested commercial recreational use and/or activity; and
(c) A sketch plan and/or a narrative identifying the measures to be taken to reasonably protect the health, safety and welfare of the public in general, including sufficient evidence to demonstrate that the recreational use will meet the general and specific requirements of this section and this chapter.
(2) After the application is determined to be complete, the Zoning Administrator may solicit recommendations, if deemed necessary, from the applicable county review agencies. Thereafter, the approval authority shall approve, approve with conditions or deny the application pursuant to the standards set forth in this section and this chapter. Any conditions of approval shall be limited to conditions needed to conform the commercial recreation use permit to approval standards.
(3) After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.
(4) A record of all commercial recreation use permits shall be maintained in the office of the Zoning Administrator.
(G) Approval standards. The following standards shall apply to the issuance of a commercial recreation use permit:
(1) A commercial recreation use shall conform to:
(a) The general criteria set forth in this section; and
(b) Any recommendations received from the applicable county review agencies.
(2) No commercial recreation use permit shall be issued unless the approval authority finds the proposed commercial recreation use:
(a) Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements or the public in general;
(b) Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area;
(c) Will not conflict with nor be incompatible with the permitted uses and regulations of the zone within which the commercial recreation use is located; and
(d) Is in compliance with regulations, conditions and licensing requirements of applicable provisions of this code.
(H) Effect of approval. Approval of a commercial recreation use permit shall authorize an applicant to engage in the commercial recreation use subject to any conditions of approval.
(I) Amendments. The procedure for amending any commercial recreation use permit shall be the same as the original procedure set forth in this section.
(J) Revocation.
(1) A commercial recreation use permit may be revoked when the approval authority, or their designee, determines that actions taken hereunder do not conform to plans, specifications or conditions of the permit; that the same was procured by false representation or was issued by mistake; or that any of the provisions of this chapter are being violated.
(2) Written notice of such revocation shall be served upon the property owner, company and/or his or her agent; and, thereafter, no such activity shall proceed.
(K) Expiration. A commercial recreation use permit shall remain in effect and shall be renewed annually as part of any required business license and as regulated by Chapter 110 of this code by the County Clerk’s office. In the event the business license is not renewed in conformance with the provisions of this code, the commercial recreation permit shall become void and the applicant shall formally apply for and receive approval for a new commercial recreation use permit prior to commencing any commercial activities. If it has been deemed that a business license is not required for such commercial recreation use permit, the approved permit shall remain in effect, unless specific conditions regarding time limitations are placed on the permit which are necessary to mitigate potential detrimental effects.
(Prior Code, § 8-6-40) (Ord. 15-02, passed 3-17-2015)