SECTION 22-58.4 - SPECIAL REGULATIONS FOR ELECTRONIC GAMING OPERATIONS (Adopted 8-20-2012)
   (a)   Electronic gaming machines or devices may be permitted as an accessory business use in the VC-2, C-1, C-2, C-2H, C-3, I-1, S-1, CS, MH-B, SP-C, MC-2 and Hwy 345 zoning districts of unincorporated Dare County according to the following conditions:
      (1)   Electronic gaming machines shall be located within same building as the principal business use. The area in which electronic gaming machines are located shall be accessed through the same means of ingress/egress as the principal use business.
      (2)   The maximum number of electronic gaming machines shall not exceed two (2) machines.
      (3)   For multiunit/multitenant commercial sites where more than one unit is located within one large commercial structure, the cumulative total of machines shall not exceed two (2) electronic gaming
machines for the entire structure. For commercial group developments, the cumulative total of machines located within all of the buildings within the commercial group development site shall not exceed two (2) electronic gaming machines.
      (4)   The hours of operation for the accessory electronic gaming operation shall be the same as hours of operation for the principal business use in which it is located.
      (5)   Public restrooms for patrons of the electronic gaming operation shall be provided within the principal business use in which it is located.
      (6)   The placement of electronic gaming machines as an accessory use within a principal business use shall be subject to review and approval by the Dare County Planning Director. A copy of the floor plan and site plan of the principal business use depicting the area where the electronic gaming machines/device will be located shall be submitted to the Planning Director for approval. A review fee of $50 for each proposed electronic gaming machine shall be submitted at the time the floor plan for the accessory use is submitted to the Planning Director.
      (7)   Off-street parking shall be provided at a ratio of one 10' x 20' space for each electronic gaming machine/device in addition to the other required parking spaces for the principal use. An up-to-date copy of a site plan prepared by a North Carolina licensed surveyor or engineer shall be submitted to the Planning Director for approval.
      (8)   Any electronic gaming operation shall be not located within a minimum of 500 feet, measured in a straight line in any direction from all property lines of the principal business use site, from any residential dwelling including mobile homes; any church, place of worship or other religious building; any child care home or facility; public or private school; public playground or park; or another principal business use that includes electronic gaming machines. The applicant shall submit an up-to-date, straight-line drawing prepared by a North Carolina registered surveyor or engineer that depicts each use that is within 500 feet of the principal business use site to demonstrate compliance with this separation standard.
      (9)   On-premise alcohol consumption is prohibited within the area dedicated as the electronic gaming operation. Signage to this effect shall be posted in a conspicuous manner to alert all users of this restriction.
      (10)   Users of the electronic gaming machines shall be at least 18 years of age. Signage to the effect shall be posted in a conspicuous manner to alert all users of this age restriction.
      (11)   Any electronic gaming operations that existed in unincorporated Dare County before August 20, 2012 shall be submitted for review according to the conditions of this section and will be granted 24 months from August 20, 2012 in which to bring their electronic gaming operations into compliance with these regulations. (Adopted 8-20-2012)