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§ 116.06  CERTIFICATE OF OCCUPANCY AND DEVELOPMENT PERMIT REQUIRED FOR NEW ELECTRONIC GAMING OPERATIONS.
   (A)   lt shall be unlawful for any person to maintain or operate an electronic gaming operation after the adoption of this chapter, unless such person shall first obtain a certificate of occupancy.
   (B)   It shall be unlawful for any person to establish, alter, or make any additions to any electronic gaming operation until a building permit and a certificate of codes compliance have been issued.
   (C)   The Greene County Planning Department may, after due notice, subject to the right of appeal, suspend or revoke the development permit for failure to maintain an electronic gaming operation in compliance with the provisions of this chapter.
   (D)   All electronic gaming operations existing on the effective date of this chapter cannot expand unless such expansions comply with all applicable procedures and requirements of this chapter and all required permits of this and any other county ordinance have been obtained.
(Ord. passed 8-20-12)
§ 116.07  PROCEDURE FOR OBTAINING CERTIFICATE OF OCCUPANCY.
   (A)   The applicant shall apply for an electronic gaming operations permit at the Planning Department.
   (B)   The application shall describe how the proposed electronic gaming operation will be in compliance with this chapter, if a certificate of occupancy is issued. The application shall include at least the following information plus any additional information deemed appropriate by the County Manager or designee:
      (1)   A location map showing the location of the electronic gaming operation in relation to the surrounding area within a one mile radius, including the date, scale, and approximate north arrow.
      (2)   The name of the electronic gaming operation plus the name(s) and address(es) of the owner(s).
      (3)   The proposed number and type of machines/terminals/computers.
      (4)   Location and size of proposed signs.
   (C)   Once all requirements have been met, a certificate of occupancy shall be issued which shall permit the electronic gaming establishment to operate in compliance with its electronic gaming operations permit and this chapter.
(Ord. passed 8-20-12)
§ 116.08  ANNUAL INSPECTION OF ELECTRONIC GAMING OPERATIONS.
   (A)   The Building Inspector and the County Health Department may conduct as many inspections of an electronic gaming operation as are deemed necessary to insure the maintenance of the applicable standards.
   (B)   The operator of an electronic gaming operation shall pay an annual inspection fee, which fee shall be payable initially upon application for the certificate of occupancy. As long as the electronic gaming operation remains in operation, the fee shall be paid yearly.
   (C)   The certificate of occupancy for an electronic gaming operation may be revoked if the annual inspection fee is not paid or if the operator prevents the annual inspection from being carried out.
(Ord. passed 8-20-12)
§ 116.09  VARIANCES BY THE GREENE COUNTY BOARD OF COMMISSIONERS.
   (A)   The Greene County Board of Commissioners may grant variances to the dimensional requirements of this chapter, as will not be contrary to the public interests, where owing to special conditions, a literal enforcement of the provisions of these sections will, in an individual case, result in practical difficulty or unnecessary hardship so that the spirit of this chapter shall be observed, public safety, and welfare secured and substantial justice done.
   (B)   No variance may be issued until after a public hearing has been held on the request.
   (C)   The total amount of time allowed for the supporters or the opponents of a petition to present arguments at the hearing shall be determined at the time of public hearing. At the hearing, the presiding officer of the hearing will decide whether to grant all or part of the request for additional time.
   (D)   In cases involving a controversial matter and a large number of persons wish to speak at the public hearing in favor of or against a request, the Planning Department reserves the right to require those persons to sign up in advance of the public hearing in order to facilitate and organize the speakers. Persons who do not register to speak in advance shall be allowed that right at the public hearing. If such a requirement for pre-registration is necessary, the advertised public hearing notice shall clearly indicate this requirement.
   (E)   Such variance may be granted in such individual case of unnecessary hardship upon a finding by the Board of Commissioners that the following conditions exist:
      (1)   There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other lands or structures having a similar use.
      (2)   Granting the variance requested will not confer upon the applicant any special privileges that are denied to other property owners or residents with a similar use.
      (3)   A literal interpretation of the provisions of this chapter would deprive the applicant of the rights commonly enjoyed by other property owners or residents of the area in which the property is located.
      (4)   The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare.
      (5)   The special circumstances are not the results of the actions of the applicant.
      (6)   The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure.
(Ord. passed 8-20-12)
§ 116.10  APPEALS TO THE GREENE COUNTY BOARD OF COMMISSIONERS.
   (A)   The Greene County Board of Commissioners shall hear and decide appeals from and review any order, requirement, decision, or determination made by the enforcement officer or designee. The Greene County Board of Commissioners may overturn such order, requirement, decision, or determination where it will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulty or unnecessary hardship so that the spirit of the chapter shall be observed, the public safety and welfare secured and substantial justice done.
   (B)   No order, requirement, decision, or determination may be reversed or affirmed until after a public hearing has been held on the request. The total amount of time allowed for the supporters or the opponents of a petition to present arguments at the hearing shall be determined at the time of public hearing. At the hearing, the presiding officer of the hearing will decide whether to grant all or part of the request for additional time.
   (C)   In cases involving a controversial matter and a large number of persons wish to speak at the public hearing in favor of or against a request, the Planning Department reserves the right to require those persons to sign up in advance of the public hearing in order to facilitate and organize the speakers. Persons who do not register to speak in advance shall be allowed that right at the public hearing. If such a requirement for pre-registration is necessary, the advertised public hearing notice shall clearly indicate this requirement. Anyone who speaks or presents evidence shall be under oath.
   (D)   Any person or persons aggrieved by a decision of the Board may appeal the decision of the Board of Commissioners to the Superior Court of North Carolina within 30 days after a written and signed copy of the decision is filed in the Planning Department. Any aggrieved party may submit a written request for the decision at the time of the hearing. The venue for the appeal shall be in Greene County North Carolina.
(Ord. passed 8-20-12)
§ 116.11  EXISTING NON-CONFORMING ELECTRONIC GAMING OPERATIONS.
   (A)   Continuation of nonconforming use.
      (1)   All legally-operating gaming operations made non-conforming by adoption of this section shall be removed or brought into compliance with these provisions within 12 months of the date of adoption of this section.
      (2)   Any increase in area, height, and/or volume shall be considered an expansion or enlargement that must meet the current chapter. If the value of the proposed expansion or enlargement would exceed 50% of the value of the original electronic gaming operation, the operation shall lose its non- conforming status and must comply with all aspects of this chapter. Value shall be determined by the current ad valorum tax value.
   (B)   Abandonment.
      (1)   If a non-conforming electronic gaming operation is abandoned for a period of 180 days, the land and/or structure so formerly utilized must thereafter be used in conformity with all existing ordinances within Greene County.
      (2)   A non-conforming electronic gaming operation that is superseded by any other use (permitted or not) shall not thereafter be reinstated unless and until it is brought into conformity with this chapter. When a non-conforming use is ceased, such use shall not be resumed.
   (C)   Projects under construction prior to non-conforming use status. No provision of this chapter shall be construed to require a change in plans, construction, or designated use of an electronic gaming operation in which actual construction or placement activities as a result of acquisition of a county permit were lawfully begun prior to the effective date of this chapter.
   (D)   Necessary repairs permitted. Nothing in this chapter shall prevent the strengthening or restoration of a safe and lawful condition of electronic gaming operation declared unsafe or unlawful by a duly authorized county official.
(Ord. passed 8-20-12)
§ 116.12  AMENDMENTS.
   This chapter may from time to time be amended, supplemented, changed, modified, or repealed by the Greene County Board of Commissioners according to the following procedure. The Board of County Commissioners on its own motion or by petition may amend, supplement, change, or repeal the regulations established by this chapter. Any such amendment will be adopted only after public notice and public hearing as required by general law.
   (A)   Petition for amendment. Petitions for an amendment to this chapter must be filed in the office of the County Manager. An official application form shall be obtained and returned to the Planning Department no later than four weeks prior to the date of the Planning Board meeting for which the petition is slated. The filing fee shall be in accordance with the Planning Department fee schedule and must accompany the application form.
   (B)   Withdrawal/suspension of petitions. Petition for amendment to this chapter may be withdrawn or suspended by the petitioner at any time up to and including ten days prior to the hearing date. After that time, requests to withdraw or suspend a petition must be filed with the Clerk to the Board of County Commissioners and, on the day of the hearing, the Commissioners will decide if the withdrawal/ suspension will be allowed.
      (1)   If the request for a suspension is granted, the petitioner shall incur all costs associated with the readvertisement of the public hearing. If a petition is withdrawn, any reapplication shall be treated as a new petition and all required fees shall be paid.
      (2)   The petitioner will not be allowed to amend or change the petition after the Board of County Commissioners authorizes a public hearing to hear the request.
   (C)   Public hearing. No amendment of the chapter may be adopted until after a public hearing has been held on the petition.
      (1)   The total amount of time allowed for the supporters or the opponents of a petition to provide verbal comments shall be determined at public hearing. At the hearing, the presiding officer of the hearing will decide whether to grant all or part of any request for additional time.
      (2)   In cases involving a controversial matter and a large number of persons wishing to speak at the public hearing in favor of or against a request, the Planning Department reserves the right to require those persons to sign up in advance of the public hearing in order to facilitate and organize the speakers. Persons who do not register to speak in advance shall be allowed that right at the public hearing. If such a requirement for pre-registration is necessary, the advertised public hearing notice shall clearly indicate this requirement.
   (D)   Recommendation of the Planning Board. No proposal to amend this chapter will be approved unless it is first submitted to the Planning Board for its recommendations. The Planning Board must take action on the amendment within 45 days after the petition has been referred to the Planning Board. If the Planning Board does not render a decision within that period, the petition will be considered the same as a favorable recommendation. If the Planning Board tables the amendment for any length of time, that shall be considered to be taking favorable action on the amendment.
   (E)   Effect of denial by County Commissioners. A petition for amendment to the chapter that has been denied in whole or in part may not be resubmitted within six months of the date of action on the original request. However, the Board of County Commissioners may choose to allow a reapplication if, after a report from the Planning Board, it determines that there have been substantial changes in conditions or circumstances which may relate to the request.
(Ord. passed 8-20-12)
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