(a) "Limited video lottery establishments" are any establishments within the City in which limited video lottery machines are operated.
(b) Prior to limited video lottery machines being operated in an establishment within the City, an application shall be filed with the City Tax and License Department and the applicant shall apply for and receive a conditional use permit from the Board of Zoning Appeals.
(c) Limited video lottery establishments shall be permitted in the City C-2 Zoning District and C- 3 Zoning District by a conditional use permit approved by the Board of Zoning Appeals, which permit shall be approved subject to the following conditions:
(1) The limited video lottery establishment shall not be located within one thousand (1,000) feet of a residential zone, church or place of worship, school, park, community or recreation facility, or other limited video lottery establishment.
(2) The one thousand (1,000) feet from a school, park, community or recreation facility, or residential zone shall be measured in a straight line from the nearest point of the wall of a limited video lottery establishment to the nearest property line of a school, park, community or recreation facility, or residential zone.
(3) The one thousand (1,000) feet from a church or place of worship shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a limited video lottery is conducted to the nearest point of a wall of a building in which church worship services or related activities are conducted.
(4) The one thousand (1,000) feet from another limited video lottery establishment shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a limited video lottery is conducted to the nearest point of a wall in which another limited video lottery may be conducted.
(d) The provisions hereof shall not be deemed applicable to any limited video lottery establishment that was in operation as of December 6, 2005.
(Ord.2-13-06.)