§ 5. Development requirements for an electronic gaming operation as a permitted use.

An electronic gaming operation may not have more than ten machines/terminals/computers installed per business unit. If this requirement is met, the proposed electronic gaming operation shall be subject to the following standards, in addition to any requirements of any other County ordinance that might apply:

A.

Hours of operation. Limited to 8:00 a.m. through 12:00 midnight, seven days per week.

B.

Alcohol sales or consumption. Prohibited.

C.

Food or beverage service or distribution. Shall meet the requirements of the Carteret County Health Department, including any and all permits and licenses.

D.

Occupancy limit. Shall be set by the Fire Marshal for the establishment prior to submission of the electronic gaming operations permit application.

E.

Maximum daily cash payout. Shall not exceed $600.00. Winnings that exceed this amount shall be paid out in the form of a check or credit. All establishments engaged in internet and sweepstakes operations must comply with all reporting requirements regulated by the Internal Revenue Service.

F.

Off-street parking. One paved space shall be provided for each 100 square feet of gross floor area or one space for every two terminals/computers, whichever is greater. In addition, whether in a zoned or unzoned area, all parking must comply with the off-street parking provisions of the Zoning Ordinance. If pervious pavement is used, this requirement may be reduced by 25 percent.

G.

Location. Electronic gaming operations shall be located a minimum distance of 500 feet, measured in a straight line in any direction from closest point of the building and parking lot of the proposed business to the property line of any of the following:

1.

A residence or a residential district.

2.

A place of worship or other religious institution.

3.

A day care center or facility, public school, and/or private school.

4.

A Public park, playground, and/or library.

5.

Another electronic gaming operation.

6.

An adult entertainment establishment.

Each applicant shall submit a current, straight-line drawing prepared by a registered surveyor within 30 days prior to the application, depicting the straight-line measurements to each use listed above ([subsections 1. through 6.) that is within 1,000 feet. Such uses shall be considered existing or established if they are in place or actively under construction at the time an application is submitted.

For zoned areas, residential districts shall be based upon the most current official zoning map. For an unzoned area, whether or not it is a residential district shall be as determined by the Planning Director or designee.

[H—J.

Reserved.]

K.

Sewage disposal. The health department shall test the lot for adequate sewage disposal characteristics. If the lot meets minimum requirements, the health department shall submit an improvements permit and construction authorization to the planning and development department.

L.

Notice of application. The applicant is responsible for notifying abutting property owners by first class mail, as well as any others whose property (or any portion thereof) lies within 200 feet of two properties, whichever distance is greater, of any portion of the subject property or properties. Subject property means the entire parcel that contains the proposed electronic gaming operation. Such notification must be mailed at least ten days in advance of the planning department action on the application.