(a) A “gaming establishment” means an establishment at which any form of gambling or game of chance is permitted or played including “video lottery”.
The use of any building or structure which includes the existence and/or establishment of any form of gambling or game of chance, including the so-called “video lottery” as licensed and authorized by the State of West Virginia, with the exception of sale of West Virginia State Lottery tickets, or charitable or public service organizations, shall be subject to the following limitations.
(1) Such uses shall not be located within 1500 feet as measured from each property line of a residential district, school, church or other place of worship, library, museum, park or any other property in which any form of gambling, game of chance and/or video lottery is played.
(2) One parking space shall be required for each video lottery machine on premises, in addition to any other parking required in accordance with ordinances adopted by the City related to off-street parking.
(3) There has been compliance with all other applicable ordinances and regulations of the City and applicable regulations and statues of the State of West Virginia.
(b) It shall be unlawful to hereafter establish any business or entity in which any form of gambling, game of chance, and/or “video lottery” is upon the premises if the proposed location is within 1500 feet as measured from each property line of a residential district, school, church or other place of worship, library, museum, park or any location at which any such gambling, game of chance, and/or “video lottery” is in existence.
(c) The Board of Zoning Appeals may waive the space provisions as set forth above if the following findings are made:
(1) That the proposed use will not be contrary to the public interest or adversely affect the value, use or enjoyment of nearby property, and that the spirit and intent of this section will be observed.
(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 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 ordinance adopted by the City which is applicable.
(5) That there has been compliance with all other applicable ordinances and regulations of the City of Parkersburg and applicable statutes and regulations of the State of West Virginia.
(d) The provisions hereof shall not be deemed applicable to any gambling or game of chance establishment in existence as of February 20, 2004, or, as of such date for any location for which an entity has already filed an application with the West Virginia Lottery Commission for a video lottery license.
(Ord. 0-1115. Passed 2-10-04.)