Definition of a "recreation center"

[bsaenger]

A for-profit company has proposed the construction of a Free-Style Aerial Ski Jump on land that is zoned for commercial use in our town. The problem is that there is no appropriate use classification for this facility applicable to the commercial zoning classification. The only use classification that the Planning Board could assign was that of "Recreation Center". Unfortunately our zoning regulations do not have a definition of a recreation center and many feel that this classification is improper and will be challenged successfully by those who oppose the construction of this facility. Is there a definition that is generally accepted by planning boards and/or which has been tested in court?

[smccutchan1]

How different is this than outdoor batting cages, a climbing wall or a go kart track. It would seem like its the type of outdoor recreation use that is going to have a minimal traffic impact -- only some many people at a time --, compared to a lot of other recreation uses.

Yes, if you have an allowed use you should have a definition for it to avoid confusion in the future, but this doesn't seem like much of a stretch from other, typical recreation uses.

[der Bebauungsplan]

Does your Z.O. have an exhaustive or illustrative list of permitted uses/special uses?

We have the phrase "such as but not limited to" in our Z.O.'s list of permitted uses. This gives staff and/or the Zoning Board to make an assessment of similarity.

It's also not unheard of to amend a Z.O. to encompass a use not anticiapted when it was first drafted.

[bsaenger]

Our zoning regulations have extensive lists of permitted and "auxiliary" uses...nothing even comes close to a ski-jump! State law requires a vote at our annual Town Meeting to amend a zoning regulation. The problem is that our zoning board assigned what appears to be an inappropriate classification to this proposed project just to get it approved.