§ 62-1921. Commercial entertainment and amusement enterprises.

(a)

Definition. For purposes of this section, commercial entertainment and amusement enterprises are defined as commercial recreational facilities, including but not limited to golf driving ranges, amusement parks, attractions, amphitheaters, arenas, stadiums and exhibits, which take place in an open area with a minimal number of structures.

Commercial entertainment and amusement enterprises are divided into two types, small scale and large scale. A small scale enterprise may not include motorized vehicles or paid spectator seating. Free spectator seating shall be limited to 100 seats or less. Typical uses include miniature golf, batting cages, tennis courts, BMX courses, paintball and golf driving ranges. Small scale enterprises are conditional uses in the BU-1 classification, and permitted uses in the BU-2 and industrial classifications subject to the provisions of this section.

Large scale commercial entertainment and amusement enterprises may include motorized vehicles, or spectator seating for paid events. Such uses may have amplified music or loudspeakers, or other noise sources. Typical uses include amphitheaters or outdoor music events, theme parks, equestrian facilities, rodeos, circuses, skateboard parks, race tracks, go karts, ATV or motorcycle tracks, and sports stadiums or arenas. Large scale enterprises are conditional uses in the BU-1, BU-2 and industrial zoning classifications.

(b)

Location. No outdoor attraction or other commercial amusement as indicated in subsection (a) shall be permitted within 300 feet of an existing residential development or an area designated by the county comprehensive land use plan for residential development.

(c)

Minimum lot area. Uses permitted under this section shall provide a minimum lot area of one-half-acre for small scale enterprises, and five acres for large scale enterprises.

(d)

Performance standards. The operation of these facilities shall conform to all rules and regulations of all governmental agencies having appropriate jurisdiction and the performance standards of this article. Upon request by the board of county commissioners, the applicant may be required to provide appropriate studies of similar or comparable uses relating to specific performance standards to support compliance.

(e)

Fencing and screening. Where deemed necessary by the board of county commissioners to protect the general public and abutting property, additional fencing or landscape screening beyond that which is specified by the land development regulations may be required.

(f)

Perimeter setbacks. No building, mobile home, trailer, vehicle or mechanical equipment shall be located closer to the property line than 75 feet.

(g)

Parking and loading. All uses authorized shall be subject to the off-street parking requirements as set forth in article VIII, with the following requirements:

(1)

Parking areas shall be stabilized or hard surfaced.

(2)

Outdoor attractions, with or without grandstands, shall provide one parking space for each three fixed seats, and one parking space for each 20 square feet of seating or spectator area where no fixed seats exist, plus one space for each two employees.

(3)

Privately operated recreation areas or structures shall provide five spaces for each acre of outdoor attractions, plus one space for each 50 square feet of total floor area, plus one space for every two employees.

(h)

Scoreboards and other similar or associated outdoor video displays. All scoreboards or other similar or associated outdoor video displays shall be limited in height to the height of the tallest structure on the property, excluding towers, and shall be set back a distance equal to or greater than 1.25 times its height from the nearest nonresidential property line, and twice its height from the nearest residential property line pursuant to section 62-2101.5. Such scoreboards or other outdoor video displays shall be subject to all performance standards regarding lighting pursuant to section 62-2257. A scoreboard or other outdoor video display shall not be considered an off premise sign unless it is used for off premise advertising when there is no ongoing event on the premises.

(i)

Site plan. A detailed site plan shall be submitted in conjunction with the application for a conditional use permit in accordance with the requirements of this section and article VIII.

(j)

Waivers. A waiver to any of the conditions enumerated in subsections: (b), (c), (f), (g) or (h) may be considered by the board of county commissioners through a conditional use permit (CUP) application, provided the general section 62-1901(c) CUP standards are met and the applicant demonstrates that proposed location, lot size, setbacks and parking provided will satisfy safety and aesthetic concerns that subsections (b), (c), (f), and (g) are intended to address.

(Code 1979, § 14-20.16.2(B)(20); Ord. No. 01-07, § 6, 2-20-01; Ord. No. 2012-18, § 1, 7-24-12; Ord. No. 2013-39, § 1, 12-3-13)