Here is the official letter that the Twp Planning Commission has sent out for the Dome hearing that is coming up on February the 10th, 2009 at 7:00pm.

To better understand what is happening, lets look at what the Planning Commission is saying here:

So the "action" will be to "Review" the "existing" special use approval granted July 13th 1999 for Amusement and Recreation Centers, pursuant to Zoning Codes, sections 38-353 (14) and 38-514 (see below for approval).

So for starters, what is a Special Land use Approval?

Sec. 38-481. Intent of article.
The formulation and enactment of this chapter is based upon the division of the township into districts in each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but because of their actual or potential impacts on neighboring uses or public facilities there is a need to carefully regulate them with respect to their location for the protection of the community. These uses, due to their peculiar locational need or the nature of the service offered, may have to be established in a district where they cannot be reasonably allowed as a permitted use.

In short the Ordnance is designed to prevent a businesses for the sake of discussion that allow the operation of motorcycles to be placed across the street from a Sr Citizens complex or residential neighborhood.

Now there are many sections to 38-481 and the letter calls out section 38-353 (14), lets take a closer look:

Sec. 38-353. Special approval uses.
The following uses may be permitted in the C-2 district by the planning commission after a public hearing and review to the proposed site plan and subject to the procedures and provisions of article IV of this chapter. The parenthetical number (000) is listed in the Classification (SIC) Manual, 1972, published by the U.S. Department of Management and Budget, and is intended to provide a general guide of uses intended under each heading:

(14) Amusement and recreation centers and services not previously described as permitted used in this C-2 district (79 except racing (7948)) as provided in section 38-514.

Now we see that 38-353 set forward the grouping of business which can be approved and then we jump down to #14 which says 79 except racing (7948). What does this mean? Well as see above, where there are "()" or parenthetical numbers they refer to SIC (Standard Industry Code) and 79 is the top level classification. So to see what is "allowed" you can go to http://www.melissadata.com/LookUps/sic.asp?sic=79 to see that these activities can be approved:

7911 Dance Studios, Schools, and Halls
7922 Theatrical Producers and Services
7929 Entertainers and Entertainment Groups
7933 Bowling Centers
7941 Sports Clubs, Managers, and Promoters
7948 Racing, Including Track Operation
7991 Physical Fitness Facilities
7992 Public Golf Courses
7993 Coin-operated Amusement Devices
7996 Amusement Parks
7997 Membership Sports and Recreation Clubs
7999 Amusement and Recreation, Nec

Oops, however it says except racing (7948), meaning NO racing. Well they're not racing in the "Dome" correct? Hmmm lets take a deeper look at 7948 and see what we can find:

79480000 Racing, including track operation
79480100 Motor vehicle racing and drivers
79480101 Motorcycle racing
79480102 Race car drivers
79480103 Race car owners
79480104 Stock car racing
79480105 Boat racing
79480200 Race track operation
79480201 Auto race track operation
79480202 Dog race track operation
79480203 Dragstrip operation
79480204 Horse race track operation
79480300 Racehorse care
79480301 Racehorse training
79480302 Stables, racing
79480400 Dog and horse racing, and drivers
79480401 Dog racing
79480402 Harness horse racing
79480403 Harness racing driver
79480404 Horses, racing
79480405 Jockey, horse racing
79480406 Thoroughbred horse racing

Wow! That's a lot of stuff you can't do! Even 79480200 Race track operation! Wait, thats right if you check the web site they have a "course" not a track. Hmmm what does that mean? Well lets look up Track first at http://www.webster.com/ and see what he has to say:

c: a course laid out especially for racing

What! A track is a "course" for "racing", hmm wasn't "racing" on the excluded list? Alright in fairness lets look up "course" now and see what we find:

2: the path over which something moves or extends: as a: racecourse

Wow! There is that word again "race", so we can now safely say a track is course and a course is a track and either or when coupled with a motorized vehicle relate back to racing and racing is not permitted in C-2 zoned nor can it be approved in a C-2 area. Also if we look back at 7948 we also see that it includes "Track Operation" aside from racing listed as an exluded activity. So even if grandpa wants to take quick Sunday spin on sunny's quard, that is not allowed either.

Ok now we've gone down that path lets look back at the letter from the Twp and look at 38-514 and see what it has to say:

Sec. 38-514. Amusement and recreation services.

(a) Indoor recreation. Recreation centers similar to bowling alleys, skating rinks, racquet spots, archery ranges, amusement areas, arcades and similar forms of recreation or amusement, where permitted, are conducted wholly within a completely enclosed building.

(b) Amusement oriented outdoor recreation. Outdoor recreational space for adult or children's amusement parks, circuses, carnivals, rebound tumbling facilities, outdoor dance pavilions, miniature golf courses, and golf driving ranges, where permitted, are subject to the following extra standards:

(1) The site shall not abut directly or across a street any R-1A, R-1B, RM, or MHR district.

(2) Children's amusement parks shall be fenced on all sides with a wall or fence not less than four feet, six inches in height.

(3) No loudspeaker or public address system shall be used except by express written consent of the township planning commission wherein it is deemed that no public nuisance or disturbance will be established.
(Ord. No. 62, § 7-14.34, 8-11-1984)

Ok, nothing it there about allowing the operation of internal combustion amusement vehicles, motorcycles or even he fact that a course maybe ok in any way at all. Also isn't the Seniors complex across the street a R-1A if they so chose to call this paragraph? Hmmm...

Also attached is the actual approval from the public record, and while this isn't the application it is the approval and we need to note above in the document where "MEMBER EDIE -Asked about conditions on the Special Land Use". There is noting that follows prior to the approval that adds the operation of motor sport vehicles or anything of the like. So no variance was granted (nor could it be). So why would anyone think they could operate a motor sport vehicle for any reason on that property???????????????????????????????