(a) Compliance.
(1) On and after the Effective Date, no Person shall locate or operate a Video Lottery Establishment on any Premises except in accordance with this article
(2) No commission, board, agency, officer or employee of the Town of Eleanor shall issue, grant or approve any permit, license, certificate or any other authorization for any construction, reconstruction, alteration, enlargement or relocation of any improvement, or for any use of parcel or parcels of land, for any Video Lottery Establishment except in accordance with this article.
(b) Locations of Video Lottery Establishments.
(1) Video Lottery Establishments located within the Municipal Limits of the Town of Eleanor shall be permitted provided that:
A. The Video Lottery Establishment shall not be located within five hundred (500) feet of any property on which is situated any of the following:
1. A public or private child daycare facility, kindergarten, elementary, middle, secondary or vocational school; or
2. A Governmental building, public library, public park; or
3. A church or other building used as a place of religious worship; or
4. Another Video Lottery Establishment; or
5. An occupied private residence.
(2) The prescribed distance in subsection (b)(1)A. hereof shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a Video Lottery business is conducted, to the nearest property line of the premises of the buildings or structures listed in subsection (b)(1)A.1. to 5.
(c) Non-Conforming Uses. Any business lawfully operating on the effective date of this article that is in violation of the locational or structural configuration requirements of this article shall be deemed a nonconforming use. The non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If the non-conforming use is increased, enlarged, extended or altered, the business shall no longer be considered operating or existing at the time of adoption of this article. If two or more Video Lottery Establishments are within 1,000 feet of one another and otherwise in a permissible location, the Video Lottery Establishment that was first established and continually operating at a particular location is the conforming use and the later established business is non-conforming. Furthermore, the transfer of ownership of a Video Lottery Establishment to a different location, previously operating and existing prior to the adoption of this article shall no longer be considered operating or existing.
(d) Abandonment of a Non-Conforming Use. Notwithstanding anything in the article to the contrary, if an Existing Use that is nonconforming has been abandoned for more than one-hundred twenty (120) days, any future use of such land or Improvement shall conform to this article.
(e) Exemptions. The following establishments are exempt from the Video Lottery Establishment Regulations:
(1) Establishments licensed through the West Virginia Alcohol Beverage Commission prior to the adoption of this article.
(2) Fraternal and Benevolent non-profit organizations chartered through the West Virginia Secretary of State office.
(3) Established licensed businesses through the West Virginia Alcohol Beverage Commission who presently do not have Video Lottery Terminals that are sold, re-leased or abandoned shall have 120 days from date of adoption of this article to install Video Lottery Terminals at their present premises.
(f) Existing Uses Safeguarded. This article shall not prohibit the continuance of the Existing Use of any land or Improvement (or part thereof). This article shall not prohibit the alteration or replacement of any Improvement for the purpose for which the Improvement is used on the Effective Date, except that the use shall not be expanded or enlarged, including the installation and operation of additional Video Lottery Terminals, unless it shall conform to this article. (Ord. 10-01. Passed 6-17-10.)