735.03 DEFINITIONS.
   For purposes of the Ordinance, the following words or terms shall have the meanings ascribed to them hereafter, except when the context suggests other:
   (a)   “Abandonment” or “abandoned” shall mean that the use with respect to a Premises, regardless of the intent of the user, has ceased or has discontinued for a period of more than sixty (60) consecutive days, or an explicit declaration by the user of the Premises that it has ceased as a use with respect to the Premises that is non-conforming with the Ordinance.
   (b)   “Applicant” shall mean a person who has any legal or beneficial interest in a Premises who submits an Application to the Mayor in an attempt to obtain or re- obtain a Certificate of Compliance with respect to the Premises.
   (c)   “Application” shall mean the form or forms provided by the Clerk of the Town of Marmet and completed by an Applicant, together with all required documents and items that the Ordinance requires, by which the Applicant seeks to obtain a Certificate of Compliance.
   (d)   “Town Council” shall mean members of the Town Council of the Town of Marmet.
   (e)   “Certificate of compliance” shall mean a written document or renewals or amendments thereto based on an Application issued to an Applicant (or retained by his or its successor or assign) with respect to a Premises by the Mayor that evidences that such person and Premises comply or conform with the provisions of the Ordinance.
   (f)   “Town” shall mean the Town of Marmet, West Virginia.
   (g)   “Effective date” shall mean August 16, 2004, on which the Ordinance becomes effective.
   (h)   “Existing Use” shall mean the use or uses as a Video Lottery Establishment to which a parcel or parcels of land (or part thereof) within the City Limits or part or all of any Improvement thereon, that are lawfully pursued by a Video Lottery Permittee under local, State and Federal law and that existing before the Effective Date, or, if not in fact pursued before the Effective Date, the use or uses as a Video Lottery Establishment to which a parcel or parcels of land (or part thereof) within the City Limits, or part or all of any Improvement thereon before the Effective Date if such use or uses as a Video Lottery Establishment have been authorized for a Video Lottery Permittee for a particular Improvement within the City Limits by the State Lottery Commission under W. Va. Code 29-22B-101 before the Effective Date.
   (i)   “Improvement” shall mean any structure or building whether or not existing on the Effective Date located or, if there is a vested right to erect such structure or building, to be located within the City Limits.
   (j)   “Person” shall mean any natural person or any corporation, association, partnership, limited partnership, Limited Liability Company or other entity, regardless of its form, structure or nature.
   (k)   “Premises” shall mean a tract or tracts of land, whether containing existing or proposed Improvements, within the City Limits that are identified as a parcel or parcels on a tax district map or maps on file with the office of the Assessor of Kanawha County.   
   (l)   “Responsible person” shall mean the individual person whom an Applicant has designated to attest to the truthfulness and accuracy of the contents of an Application.
   (m)   “City Limits” shall mean those portions of land or area within the boundaries of the Town of Marmet.
   (n)   “Variance” shall mean a deviation from the minimum standard of the Ordinance that may be granted by the Town Council only upon its findings that the deviation (i) will not adversely affect the public health, safety or welfare, or the rights of property owners or residents adjacent to a Premises; (ii) is necessitated by extenuating circumstances not ordinarily found or contemplated in the enforcement of the Ordinance that are not created by the person seeking it; (iii) will eliminate an unnecessary hardship and permit a reasonable use of the Premises; and (iv) will honor the intent of the Ordinance and achieve substantial justice.
   (o)   “Video Lottery” means an electronically simulated game of chance that is approved, owned, controlled and regulated by the State Lottery Commission under W. Va. Code 29-22B-101 et seq., and which is further defined under W. Va. Code 29-22B-332.
   (p)   “Video Lottery Establishment” means any Improvement existing or to be constructed together with the lot, tract or parcel on which it is situate within the City Limits that contains or is intended by a Video Lottery Permittee to contain one or more Video Lottery Terminals for public or private use.
   (q)   “Video Lottery Permittee” means any licensed person, including an operator or a video lottery retailer, that has a permit to own, lease, or operate for profit or otherwise Video Lottery Terminals issued under W. Va. Code 29-22B-1101 through 29-22B-1113.
   (r)   “Video Lottery Terminal” means a State Lottery Commission-approved machine or device that is compatible with the State Lottery Commission’s central computer system and that is used for the purpose of playing Video Lottery by no more than one player at a time.
      (Ord. 92-16. Passed 8-16-04.)