REVIEW: Staff has received a request to amend the UDO to allow "amusement establishments" in the Industrial-1 zoning district. Amusement establishments are defined as "An establishment offering sports, theatrical productions, game playing, or similar amusements to the public within a fully enclosed building. This shall include, but is not limited to, theaters, bowling alleys, billiard parlors, and skating rinks. This shall not include recreation centers or such amusements which are accessory to churches, schools, or colleges."

Amusement establishments are currently allowed within the B-2 and B-1 zoning districts only.

Although the request was only for the Industrial-1 district, staff feels that other districts should be included. Should Council feel that amusement establishments are appropriate within the Industrial-1 district, staff recommends that they also be allowed within the Industrial-2 and Planned Employment Center districts. This is because each of these districts currently allows recreation centers (swimming pools and tennis courts) and commercial outdoor recreation (such as mini-golf courses, batting cages and water slides). Staff feels that amusement establishments are similar in character to these uses.

Amusement establishments often require big-box buildings with large parking lots. These kinds of structures would be similar to the types of buildings typically found in the I-1, I-2 and PEC districts, such as manufacturing and warehouse/distribution facilities.

The following is how other jurisdictions treat amusement establishments:

City of Durham: Allowed in Mixed Use, Neighborhood

Commercial, General Commercial, Shopping Center, Central Business

District, Commercial Trade, and I-2 Light Industrial. They are allowed

in Industrial Park only with a Use Permit from BOA.

City of Raleigh: Allowed in Industrial and Business Districts.

Town of Apex: Allowed in Neighborhood Business, Downtown Business and Planned Commercial Districts.

Town of Chapel Hill: Allowed in Commercial, Office & Institutional and Mixed Use districts. Allowed in Industrial as an accessory use.

Town of Morrisville: Allowed in General Business District and the Village Core (downtown). Not allowed in Industrial district.

Staff supports the addition of amusement establishments within the PEC, I-1 and I-2 districts provided the use will be located within a designated Activity Center on the Land Use Plan. Staff also feels that such uses should be treated as a Major Special Use. Staff supports the proposed amendment for the following reasons:

• Requiring the use to be located within an Activity Center will help ensure that the use will be located near other commercial and recreational uses with residential support areas nearby
• Requiring a Major Special Use (MSU) will allow the Town to evaluate any new development in terms of its impact on adjoining properties. This is particularly important where such uses may be located near existing residential communities. The Council could attach conditions to the MSU to mitigate any negative impacts on the public health, safety and welfare. This can be particularly useful considering that such uses often require big-box facilities that generate considerable volumes of traffic.

Staff has prepared a draft Ordinance amendment below.

AMENDMENT TO THE INDUSTRIAL-1, INDUSTRIAL-2 AND PLANNED EMPLOYMENT CENTER ZONING DISTRICTS TO ADD "Amusement Establishments" as Major Special Uses

Chapter 8 PLANNED EMPLOYMENT CENTER, Section 8.16.4 Major Special Uses to add (h) Amusement establishments, subject to the following condition:

Chapter 8 I-1 LIGHT INDUSTRIAL DISTRICT, Section 8.17.4 Major Special Uses to add (e) Amusement establishments, subject to the following condition:

Chapter 8 I-2 HEAVY INDUSTRIAL DISTRICT, Section 8.18.4 Major Special Uses to add (g) Amusement establishments, subject to the following condition: