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New Milford City Zoning Code

§ 30-28.13

Amusement Machine Complex.

[Ord. No. 84:13 § 1]
a. 
Licensing and Site Plan requirements.
1. 
Where there are five or less amusement game machines or other amusement machines in one place, location or premises and where such does not constitute the principal use of a building, these are permitted subject only to the licensing requirements of Section 4-4.
2. 
An amusement machine complex shall be subject to the licensing requirements of Section 4-4 except that subsections 4-4.5, 4-4.8 and 4-4.11 shall not apply.
3. 
The Planning Board shall consider the following factors in granting the application for a conditional use.
(a) 
Sufficient space for such machines has been provided to prevent overcrowding of users or interference with other pedestrian traffic in the building or on the premises.
(b) 
That aisle space between machines is satisfactory for emergency exit of the room or rooms housing such amusement machine complex.
(c) 
The parking facilities required by this chapter for such amusement machine complex can be adequately provided.
(d) 
That such complex is adequately separated from public and parochial schools, school playgrounds, religious buildings and municipal parks and playgrounds.
4. 
An applicant shall submit a site plan and an amusement machine complex room layout in sufficient detail to allow the Planning Board to consider the above factors.
5. 
The applicant procedures set forth in subsection 30-28.10 shall apply to video games complex.
b. 
Location and Layout Requirements.
1. 
A building within which an amusement machine complex is the principal use or that portion of any building used as an amusement machine complex shall be located at least four hundred (400') feet from the front entrance of any premises used as a public, parochial or private elementary, middle, junior high, high school, college or university, school playground or premises upon which is located a place of worship.
2. 
A building within which an amusement machine complex is the principal use or that portion of any building used as an amusement complex shall be located at least eight hundred (800') feet from another building or portion of a building used as an amusement machine complex.
3. 
Unless the amusement machine complex is the only principal use of a building, it shall be located in a separate room, separated from other uses on the premises and from pedestrian circulation to and from such other uses. Such room or principal building housing an amusement machine complex shall be arranged so that there is a management attendant within the building or room or such that management attendants outside of the room can easily see and supervise the interior of such room.
4. 
Adequate space shall be provided to reach a machine so as to allow its use without overcrowding.
(a) 
A minimum width of six (6") inches shall be provided between each machine.
(b) 
The depth of the space in front of the machine shall be at least three and one-half (3 1/2') feet, and there shall be a minimum aisle width in addition to this three and one-half (3 1/2') feet of an additional one (1') foot.
(c) 
The provisions of the Uniform Construction Code shall be complied with.
5. 
Off-street parking in addition to that otherwise required for the uses on the premises shall be provided in the amount of one space for every 150 square feet of usable space for the amusement machine complex in such building or portion of a building used as an amusement machine complex, whichever is greater.
6. 
Readily visible signs shall be installed, with their location, size and text shown on the plans submitted to the Planning Board indicating that persons under the age as specified in the licensing regulations in subsection 4-4.10 shall not be permitted to play such amusement game machine or amusement machine.
7. 
A building or portion thereof used as an amusement machine complex shall comply with the requirements for a nonresidential building in a business zone, as set forth in Section 30-25.
8. 
No noise shall emanate beyond the boundaries of such building or room containing an amusement machine complex.
9. 
A building or portion thereof used as an amusement machine complex must have a window to provide a clear unobstructed view of video complex from outside the complex.
c. 
Amusement machine complex shall be a conditional use in the business zones in the Borough of New Milford.
d. 
The license fee for an application for an amusement machine complex shall be $100 per machine, up to 10 machines and if there are more than 10 machines, the fee shall be $1,500 for the entire complex.