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Home My WebLink About2010-03-24 SM Exhibits O\�NTY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS p n 230 GOVERNMENT CENTER DRIVE, SUITE 175 -WILMINGTON, NC 28403 7 > (910)798-7149-(_P 10)798-7145 FAX- WWW.NHCGOV COM � 0 r y Jason R.Thompson,Chairman Jonathan Barfield,Jr.,Vice-Chairman Robert G.Greer,Commissioner•William A.Caster,Commissioner Ted Davis,Jr..Commissioner �srgotisxFO�� .. Sheila L.Schult,Clerk to the Board EAU Book Li i,Page -7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ESTABLISHING A PUBLIC HEARING FOR THE CONSIDERATION OF A TEMPORARY MORATORIUM ON CYBER-SWEEPSTAKES GAMING WITHIN I NINCORPORATED NEW HANOVER COUNTY WHEREAS,Nortb Carolina General Statute 153A—Article IS authorizes counties to institute temporary moratoria on any county development approval required by lacy; and WHEREAS, North Carolina General Statute 153A — Article 18 requires the conduct of a public hearing in association with the institution of any temporary development moratoria prior to implementation; and WHEREAS,New Hanover County sees the potential for proliferation of cyber-sweepstakes gaming throughout the county; and NN,'HEREAS, the New Hanover County Board of Commissioners wishes to review both the compatibility of these land uses with the County's plamning documents as well as the effects that the use may have on the surrounding land uses and area traffic patterns before permitting any additional such uses to locate within the connmunity. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Conur issioners hereby establishes a public hearing for the consideration of the adoption of a temporary development moratorium on cyber- s`veepstakes gaming within unincorporated New Hanover County, said hearing to be held on Wednesday. March 24, 2010 at 9:00 a.m., or as soon thereafter as possible, in the New Hanover County Historic Courthouse located at 24 North Third Street,room 301,Wilmington,NC 28401. ADOPTED this the 24`"day of March, 2010. NEW HANOVER C v�e�t•r.IV Go `� dry Jason R Thompson, hairman O Q � i r 3 ATTEST: "o' Teresa P.Elmore,Deputy Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS ORDINANCE ESTABLISHING A SIXTY-DAY MORATORIUM ON EXPANSION OF CYBER-SWEEPSTAKES GAMING WITHIN Exhibit UNINCORPORATED NEW HANOVER COUNTY Book X/11 Page . LEGISLATIVE INTENTIPURPOSE: WHEREAS, New Hanover County (hereafter "the County") is a political subdivision of the State of North Carolina, invested with the powers enumerated in Chapter 153A of the North Carolina General Statutes; and WHEREAS, the County is authorized by North Carolina General Statutes Chapter 153A, Article 18 to plan and regulate development and the uses of buildings, structures and land within its planning jurisdiction and pursuant to North Carolina General Statues Chapter 153A-340(h), the County is authorized, under certain circumstances, to impose a development moratorium; and WHEREAS, pursuant to North Carolina General Statutes 153A Article 6, the County is given authority to regulate, prohibit or abate acts, omissions, or conditions detrimental to the health, safety or welfare of its citizens and the peace and dignity of the County; and WHEREAS, an "internet cafe," "cybercafe," "cyber-sweepstakes gaming operation," or similar activity, by whatever name it might be known, (hereinafter"cyber-sweepstakes") is a place where a patron can use a computer with internet access, usually for a fee based on time of usage, to participate in games of chance or sweepstakes; and WHEREAS, these activities can be associated with other permitted uses within the same building or structure; and WHEREAS, a cyber-sweepstakes is not specifically listed as a permitted use in the County's Zoning Ordinance nor is it naturally incident or accessory to any other permitted use; and WHEREAS, persons wishing to operate a cyber-sweepstakes within the County have been being allowed to operate as an "indoor recreation establishment"; and WHEREAS, uses are permitted by-right in the PD Planned Development District; B-1 Business District; B-2 Business District; 1-1 Industrial District; 1-2 Industrial District and SC Shopping Center zoning districts and as special use permit in the R-20S Residential District; R-20 Residential District, R-15 Residential District; R-10 Residential District, 0&1 Office and Institutional District; AR Airport Residential District; AI Airport Industrial District and RA Rural Agricultural zoning districts; and WHEREAS, at least 11 cyber-sweepstakes have opened and are in operation throughout the unincorporated County; and WHEREAS, the conduct of these businesses revealed characteristics to suggest that such uses may materially endanger the public health, safety or welfare of the citizens of New Hanover County and surrounding areas, while substantially injuring the value of adjoining or abutting property, and/or not be in harmony with the area in which it is located by virtue of the following: The businesses are operating twenty-four (24) hours a day, generating vehicular and pedestrian traffic, light and noise disturbing adjoining residential areas at all hours, which was not anticipated in the County's"indoor recreation establishment" use category. The rapid proliferation of cyber-sweepstakes throughout the County within the past few months has raised concern regarding the appropriate locations for these uses. 1 The state legislature is considering passing a bill to help regulate cyber-sweepstakes in light of a recent Court ruling that they were not prohibited as gambling since nothing of value is placed in the computer terminal. The County needs to consider how cyber-sweepstakes should be classified on the current New Hanover County Zoning Ordinance and what protections should be associated with these activities including but not limited to spacing requirements, parking requirements, regulations relating to hours of operation, advertising and marketing regulations, potential of such activities to be injurious to the health, safety and welfare of the citizens of New Hanover County and the surrounding area, and other matters related to the regulation of similar uses. WHEREAS, the County would like the opportunity to amend the Zoning Ordinance to address these issues before additional cyber-sweepstakes begin operation or the current ones expand; and WHEREAS, the amendment to the Zoning Ordinance has certain statutory time and advertising requirements making a temporary moratorium the only option for halting further proliferation of cyber- sweepstakes within the County in the interim; and WHEREAS, the proposed moratorium would expire after sixty (60) days, or upon adoption of an ordinance addressing cyber-sweepstakes, whichever occurs first; and WHEREAS, the schedule, or plan of action, to address the aforementioned issues is as follows: March 21, 2010 Publication of legal ad for a public hearing with the Planning Board to amend the Zoning Ordinance; April 1, 2010 Present proposed ordinance to the Planning Board as required by law; the Planning Board shall make a recommendation on the subject to the County Commissioners; April 18, 2010 First publication of legal ad for a public hearing with the County Commissioners to amend the Zoning Ordinance as required by law; May 3, 2010 Present proposed ordinance and recommendation of the Planning Board to County Commissioners for adoption; May 23, 2010 Expiration of moratorium (if not upon earlier adoption of ordinance). THEREFORE, BE IT ORDAINED: THAT a sixty (60) day moratorium is adopted immediately on the establishment, creation, opening or expansion of a cyber-sweepstakes, or similar activity, whether independent or incidental to or accessory to any other permitted use; THAT this moratorium applies to all pending applications for permits to open cyber-sweepstakes business; THAT those activities or businesses that have been properly permitted and licensed by the County may continue to operate as permitted; THAT this sixty(60) day moratorium shall apply throughout the unincorporated County; 2 THAT this sixty (60) day moratorium shall expire upon the adoption of an amendment to the Zoning Ordinance addressing the use of a cyber-sweepstakes or at midnight on May 23, 2010, whichever occurs first; THAT this ordinance shatf become effective immediately upon its adoption. SECTION 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holdings shall not affect the validity of the remaining portions hereof. Adopted this the 24'" day of March, 2010. f -NJW HANOV C TY r _ � Jasonk Thompson, Chairman T �- Attest: 3 Teresa P. Elmore, Deputy Clerk to the Board 3