(A) In a B-1 Neighborhood-Highway Commercial District, land may be used and buildings may be erected, altered or used for local retail or personal service establishments with adequate off-street parking and amenities to serve customers and employees as follows:
(1) Barber shops and beauty parlors;
(2) Eating and drinking establishments excepting night clubs and similar establishments;
(3) Food stores and drug stores;
(4) Hardware stores;
(5) Laundries, hand or automatic;
(6) Electronics stores;
(7) Business and professional offices;
(8) Banks and other financial institutions;
(9) Hotels and motels;
(10) Automobile sales rooms and public home safes;
(11) Medical and dental office buildings and testing laboratories;
(12) Farm machinery sales; and
(13) Video lottery or gaming establishments. An establishment at which any form of gambling or games of chance are permitted or played, including but not limited to “video lottery” machines that are licensed or regulated under the provisions of the Limited Video Lottery Act codified in W. Va. Code §§ 29-22B-101 et seq. Regulated establishments do not include those establishments which solely sell lottery tickets. Provided that, no video lottery or gaming establishment shall be located within 300 feet of any residential zone, public or private educational institution, church, or other place of public worship, public park or playground, community center or facility, recreation center or facility, public building, public arena or other similar structure, or any other existing video lottery or gaming establishment, as measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building used as a video lottery or gaming establishment to the nearest property line of a lot within a residential zone or the nearest property line of any church, educational institution, the nearest boundary of a public park or playground, community center or facility, recreation center or facility, public building, public arena or other similar structure, or other such video lottery or gaming establishment.
(B) Provided further that, nothing in this subchapter shall be construed to limit or prohibit charitable organizations from holding charitable bingo or charitable raffles conducted pursuant to the provisions of W. Va. Code Chapter 47, Article 20 and Article 21. Any property owner who has on the property an existing video lottery or gaming establishment having been in operation on the date this subchapter becomes effective shall be considered “grand fathered”, so that such use may continue as a non-conforming use under the laws and ordinances that regulate such nonconforming uses.
(Ord. 21, passed 1-14-2020) Penalty, see § 152.999