(a) The use of any building or structure which includes the existence and/or establishment of any form of gambling or game of chance, including, but not limited to the game of video lottery as licensed and authorized by the State of West Virginia, shall be subject to the following restrictions and regulations:
(1) Such uses shall not be located within 1,000 feet of any other premises of the same use or within 500 feet of any church, school, residence or recreational facility.
(2) One parking space shall be required for each lottery machine located on the premises, in addition to compliance with any other parking ordinances and regulations enacted by the City of Lewisburg relating to off-street parking.
(3) That there has been compliance with all other applicable ordinances and regulations of the City of Lewisburg and applicable regulations and statutes of the State of West Virginia.
(b) It shall be unlawful to establish any business or entity in which any form of gambling, game of chance and/or video lottery is located upon the premises, if the proposed location is within 1,000 feet of any other location in which such gambling, game of chance, and/or video lottery currently exists.
(c) The Board of Zoning Appeals shall hear and determine appeals from any order, requirement, decision or determination by an administrative official, requesting a variance from the 500 feet and 1,000 feet requirements, as set forth above, if the following determination is made by the Board of Zoning Appeals:
(1) The proposed use will not be contrary to the public interest or adversely affect the value, use or enjoyment of property located in the immediate area of the property in question, and that the spirit and intent of this section is maintained.
(2) That the proposed use will not enlarge or encourage the development of a district or geographical area in which there is a proliferation of gambling and/or video lottery.
(3) That there are not substantial objections by property owners and residents within the immediate area of the proposed location.
(4) That there will be compliance with the parking provisions of this section and any other off-street parking regulations and Ordinances of the City of Lewisburg.
(5) That there has been compliance with all other applicable Ordinances and regulations of the City of Lewisburg and applicable statutes and regulations of the State of West Virginia.
(Ord. 162. Passed 2-15-05.)