Q. How can a nonprofit like Eagle Point Golf Club have a for-profit tournament? I thought zoning laws would protect residential neighborhoods from something like a festival taking place in their area.
A. New Hanover County considers a for-profit golf tournament at a nonprofit golf club to be consistent with the permitted land use, according to Ken Vafier, county planning and zoning supervisor.
“A golf course cannot do anything commercial, but hosting a golf tournament is clearly an activity consistent with a golf course,” he said. “It is not spelled out specifically in zoning regulations because zoning does not regulate the way a business charges customers for specific services. The golf course’s private membership agreements and business practices are not a land use issue regulated by zoning.”
The county zoning ordinances do include a table of permitted uses that regulates the land use by zoning district. A golf course and country club are permitted at the Eagle Point location, so any activities consistent with this label would be permitted.
Vafier said even if this tournament was considered a “temporary use” under the zoning ordinance, it would still be “permitted by right” and the only thing Eagle Point would have to demonstrate for zoning regulations is that adequate sanitation facilities are provided.
The specific ordinance on temporary uses, 63.1-4: Temporary Uses and Activities Not Elsewhere Classified, states, “Other temporary activities as noted in the table below shall be permitted subject to the table of permitted uses and a provision of adequate sanitation facilities pursuant to Health Department regulations as applicable and the requirements of the Table.”
Date posted: March 25, 2014
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