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February 24, 1987 Agriculture, Environment & Land Records Committee William Fleck, ZONING ADMINISTRATOR Horseshoe Pits - Recently, 1983-84, taverns began to promote horseshoe tournaments. The Zoning Ordinance definition of tavern adopted in 1956 and maintained through to the current ordinance is as follows: Tavern: A building or part of a building open to the public, where fermented malt beverages and/or intoxicating liquors are sold at retail for consumption on the premises. The following shall not be considered a tavern; a restaurant where such beverages are sold only at tables and only in conjunction with meals; a club not open to the public where such beverages are sold in conjunction with the operation of the club; premises where malt beverages are sold by established organizations in conjunction with the operation of a picnic, fair or other amusement enterprise. There is nothing in the definition that could be construed to permit an outdoor recreational or amusement place. Review of the Dane County Zoning Ordinance back to 1950 discloses as follows: 1950-1976 10.16 GENERAL PROVISIONS AND EXCEPTIONS: Use. (a) . Except as otherwise expressly provided, any use listed as a permitted use in any district shall be construed as a prohibited use in a more restricted district. CURRENT - 1976 10.16 GENERAL PROVISIONS AND EXCEPTIONS: (1) USE (a) Any use not listed as a permitted use in a district is prohibited in that district and except as otherwise expressly provided, any use listed as a permitted use in any district shall be construed as a prohibited use in any other district. Horseshoe pits have not been specifically listed as a use in any district since 1950. Therefore, we look for a use definition that would be applicable in allowing a legal use. We find such a definition in Section 10.01 (22) , 1950 Zoning Ordinance. (22) Park, Amusement: An area, publicly or privately owned, containing amusement and recreation facilities and devices, whether operated for profit or not. Said definition is maintained through to the current Ordinance.