No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered, except in conformity with the regulations herein specified for the district in which it is located.

(Ord. passed 9-10-1984)

   (A)   No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein, except for street widening.

   (B)   Yards or lots created after the effective date of the chapter shall meet at least the minimum requirements established by this chapter, except in approved planned developments.

(Ord. passed 9-10-1984; Ord. passed 8-27-2019)

   Every building hereafter erected, moved, or structurally altered shall be located on a lot and, in no case, shall there be more than one principal building and its customary accessory buildings on any lot, except in the case of a specially designed complex of institutional, residential, commercial or industrial buildings in an appropriate zoning district (i.e., school campus, cluster housing, shopping center, industrial park and so forth), as permitted by § 156.057.

(Ord. passed 9-10-1984)

   After the effective date of this chapter, existing structures or the uses of land or structures which would be prohibited under the regulations for the district in which it is located (if they existed on the adoption date of this chapter), shall be considered as nonconforming. Nonconforming structures or uses (as defined in § 156.005) may be continued provided they conform to the following provisions.

   (A)   Continuing nonconforming uses of land.

      (1)   Extensions of use. Nonconforming uses of land shall not hereafter be enlarged or extended in any way. Ordinary repairs shall not be construed as an expansion of use.

      (2)   Change of use. Any nonconforming use of land may be changed to a conforming use.

      (3)   Cessation of use. All nonconforming uses of land or uses involving only minor structures, such as automobile wrecking yards, billboards, outdoor advertising signs, junk yards, salvage operations, mobile homes or any similar to those enumerated, shall be discontinued when the structure, billboard or sign has deteriorated to the point where major repairs in excess of 60% of fair market value of the structure are required. Nonconforming uses of land shall not be reestablished after discontinuance for 180 days.

   (B)   Continuing the use of nonconforming buildings.

      (1)   Extensions of use. Nonconforming buildings and nonconforming uses of buildings shall not hereafter be enlarged.

      (2)   Change of use. The lawful use of a building existing at the time of the adoption of this chapter may be continued although the use does not conform with the provisions of this chapter.

         (a)   No building shall be enlarged, unless the use therein is changed to a conforming use; provided, however, that, a nonconforming building damaged by fire, explosion, tornado, earthquake or similar uncontrollable cause to the extent of not more than 60% of its assessed value at the time of the damage may be repaired or rebuilt within one year of the date of the damage, but not thereafter. Repairs must commence within six months of the date of damage and reasonable efforts demonstrated to complete necessary repairs during this period.

         (b)   Existing single-family residential structures in business or industrial districts may be enlarged, extended or structurally altered; provided that, no additional dwelling units result therefrom. However, any enlargements, extensions or alterations, shall comply with the dimensional requirements determined by the Board of Adjustment.

         (c)   If a nonconforming use is discontinued, any future use of the buildings and premises shall be in conformity with the provisions of this chapter. A reasonable interim, however, between tenants or occupants shall not be construed to mean discontinuance; provided, the period does not exceed a maximum of 180 days.

         (d)   The foregoing provisions of this section shall also apply to nonconforming uses created by amendments to this chapter.

(Ord. passed 9-10-1984)

   All permitted signs and structures shall be approved by the Zoning Enforcement Officer and shall comply with the following regulations.

   (A)   Location. No advertising sign or structure shall be erected, constructed or maintained so as to interfere with vision clearance along any street, road or highway or at any intersection or junction of two or more traffic arteries. Nor shall any advertising sign or structure be located within the street, road or highway right-of-way.

   (B)   Illumination. No flashing, intermittent, red, green or yellow illumination shall be used on any sign or structure located in the same line of vision as a traffic control signal. All illuminated signs or structures shall be so placed as to prevent the light rays or illumination therefrom being cast upon residential dwellings. No advertising signs or structures with flashing or intermittent lights shall be located in the town's zoning jurisdiction.

   (C)   Maintenance. All advertising structures, together with any supports, braces, guys and anchors, shall be kept in repair and in a safe state of preservation. All signs, including political signs, erected to serve temporary purposes shall be removed within 60 days.

   (D)   Administration. The Zoning Enforcement Officer shall refuse a permit for the erection or construction of any advertising sign or structure which does not meet the requirements of this section. The Zoning Enforcement Officer shall order the removal of any signs that are not constructed or maintained in accordance with the provisions of this section.

(Ord. passed 9-10-1984)

   In addition to the regulations provided for elsewhere in this chapter, electronic gaming operations shall be subject to the following requirements:

   (A)   Hours of operation. 8:00 a.m. - midnight; Monday through Saturday.

   (B)   Number of machines. The maximum number of machines/terminals/computers for any electronic gaming operations business is 12.

   (C)   Minimum paved parking spaces.

      (1)   One space per every two terminals or one space per every 100 square feet;

      (2)   One disabled space per every 25 or fewer spaces; and

      (3)   One additional space per each employee.

   (D)   Spacing requirements. Each electronic gaming operation must be a minimum of 300 feet from any other electronic gaming operation. Additionally, the establishment must be a minimum of 300 feet from any established religious institution, school, daycare center, library, or public park. The distance shall be determined by a horizontal straight line and not street distance, to the closest structural wall of the property occupied by the electronic gaming operation and the other property.

   (E)   Permits and licenses. All applicable state and local permits and business licenses must be issued to the applicant prior to the opening of the business.

   (F)   Food and/or beverages. If food and/or beverages are served, the establishment must meet any state requirements and the requirements of the Appalachian District Health Department.

   (G)   Alcoholic beverages. No alcoholic beverages will be served or consumed on the premises of electronic gaming operations.

   (H)   Persons with criminal felony convictions. Persons with criminal felony convictions will not be permitted to operate a business for electronic gaming. A criminal background check will be required as a part of the application process for the establishment of an electronic gaming operation or business.

   (I)   Maintaining on premises at all times. There must be an adult, 20 years of age or older, managing the business on the premises at all time during the hours of operation. Also, the minimum age established for persons to participate and/or play the electronic gaming machine(s) is 20 years of age.

(Ord. passed - -)