§ 12. Existing non-conforming electronic gaming operations.

A.

Continuation of nonconforming use. All legally-operating gaming operations made non-conforming by adoption of this section shall be removed or brought into compliance with these provisions within thirty-six (36) months of the date of adoption of this section. Any increase in area, height, and/or volume shall be considered an expansion or enlargement that must meet the current ordinance. If the value of the proposed expansion or enlargement would exceed fifty (50) percent of the value of the original electronic gaming operation, the operation shall lose its non-conforming status and must comply with all aspects of this ordinance.

B.

Abandonment. If a non-conforming electronic gaming operation is abandoned for a period of one hundred eighty (180) days, the land and/or structure so formerly utilized must thereafter be used in conformity with all existing ordinances within Carteret County. A non-conforming electronic gaming operation that is superseded by any other use (permitted or not) shall not thereafter be reinstated unless and until it is brought into conformity with this ordinance. When a non-conforming use is ceased, such use shall not be resumed.

C.

Projects under construction prior to non-conforming use status. No provision of this ordinance shall be construed to require a change in plans, construction, or designated use of an electronic gaming operation in which actual construction or placement activities as a result of acquisition of a county permit were lawfully begun prior to the effective date of this ordinance.

D.

Necessary repairs permitted. Nothing in this ordinance shall prevent the strengthening or restoration of a safe and lawful condition of electronic gaming operation declared unsafe or unlawful by a duly authorized county official.

(Ord. of 10-17-11(16))