§ 165.09  NON-CONFORMING USE.
   (A)   Any electronic gaming operation lawfully operating on July 16, 2012, that is in violation of this chapter shall be deemed a non-conforming use. Any use which is determined to be non conforming by application of the provisions of this section shall be permitted to continue for a period not to exceed three years. Such non-conforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
   (B)   If a non-conforming use is discontinued for a period of 180 days or more, it may not be reopened as an electronic gaming operation.
   (C)   If two or more electronic gaming operations are within 1,000 feet of one another and otherwise in a permissible location, the electronic gaming operation which was first operated and continuously operated at its present location shall be considered the conforming use and the one created later shall be considered non-conforming.
   (D)   An electronic gaming operations lawfully operating as a conforming use shall not be rendered non-conforming by the subsequent location of a structure or facility designated in § 165.08.
(Ord. passed 7-16-12)  Penalty, see § 165.99