(A)    Authority. The provisions of these regulations are adopted by the Board of Commissioners of the Town of Holden Beach, after review by the Planning Board and after public hearing as required by statute. From and after the effective date set forth hereinafter, these regulations shall apply to every building, lot, tract, or parcel of land within the corporate limits of the town and within its satellite or extraterritorial area as same is controlled by the town's zoning ordinance.
   (B)    Statement of purpose. The Town of Holden Beach is primarily residential in character. There is limited commercial development on the Island, and said development has been established to serve and meet the needs of the beach’s visitors and year-round residents. The nature and character of the town and its beach has been that of a family beach, intended to encourage families to come to the beach. Future development is encouraged to maintain this approach, and the Land Use Plan, adopted by the town, encourages low key development. The property values at Holden Beach have steadily increased and the Board is of the opinion that maintaining control over the development of the Island to maintain the present development standards and family values has positively affected the property values within the jurisdiction of the Town of Holden Beach. It is the intent of the Board of Commissioners to create an atmosphere where anyone and their child, grandchild, or young person could move freely within the town.
   (C)   Definitions. For the purpose of these regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   VIDEO GAMING MACHINES. A video machine which requires deposit of any coin, token, or use of any credit card, debit card, or any other method that requires payment to activate play of any of the games listed in this subsection. This shall include slot machines and other forms of electrical, mechanical or computer games such as:
      (1)   A video poker game; or any other kind of video playing game.
      (2)   A video bingo game.
      (3)   A video craps game.
      (4)   A video keno game.
      (5)   A video lotto game.
      (6)   Eight liner.
      (7)   Pot of gold.
      (8)   Any video game based on or involving the random or chance matching of different pictures, words, numbers or symbols not dependent on the skill or dexterity of the player.
   (D) Application of regulations. Video gaming machines shall be regulated as to location in the following manner in addition to any other requirements of this code:
      (1)   No video gaming machines shall be permitted in any building that is:
         (a)   Located within 1,500 feet in any direction from a building used as a dwelling;
         (b)   Located within 1,500 feet in any direction from a building in which a video gaming machine is located;
         (c)   Located within 1,500 feet in any direction from a building used as a church, synagogue or other house of worship or cemeteries;
         (d)   Located within 1,500 feet in any direction from a building used as a public school, state licensed day care center, nursing home facility or public library;
         (e)   Located within 1,500 feet in any direction from any lot or parcel on which a public playground, public swimming pool, public park or museum is located;
         (f)   Located with 1,500 feet of any publicly owned or operated facility.
         (g)   When computing distances, the entire property for the establishment shall be considered, including any parking lots.
      (2)   Video gaming machines shall be located only in a C-1 Zoning District and shall be established by Special Use approval of the Board of Adjustment.
      (3)   No signs advertising video gaming are permitted.
      (4)   No more than three video gaming machines shall be in the same building, structure or located on the same lot.
      (5)   All minimum requirements of the C-1 Zoning District shall be met.
   (E)   Non-conforming video gaming machines. Any video gaming machines lawfully operating as of the effective date of this section that is in violation of any provision of this section 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 one year. Such non-conforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If a non-conforming use is discontinued for a period of 180 days or more it may not be reestablished. Any video gaming machine currently in lawful operation shall not be rendered non-conforming by the subsequent location of a dwelling, church, house of worship, day care center, school, playground, public swimming pool, public park, museum or nursing home facility.
(Ord. 00-24, passed 12-11-00; Am. Ord. 13-07, passed 10-8-13; Am. Ord. 21-10, passed 6-15-21)