Gaming District (GD) Overlay
Sections:
20.685.010 (GD) Purpose.
20.685.020 (GD) General provisions.
20.685.030 (GD) Application for establishing a gaming district.
20.685.040 (GD) Minimum requirements.
20.685.050 (GD) Special use permit.
20.685.060 (GD) Expansion of gaming establishment within the gaming district overlay.
20.685.010 (GD) Purpose.
The Gaming District (GD) Overlay is intended to establish standards and
conditions for gaming establishments while protecting the public health, safety
and general welfare. Development review and approval of a gaming district
overlay includes provisions for the overlay zoning district as provided herein,
issuance of a special use permit, and a change in zoning district classification
to tourist commercial, if applicable. (Ord 997, 2002) 
20.685.020 (GD) General Provisions.
A. A gaming district overlay may be proposed as an overlay zone within
the tourist commercial zoning district.
B. No gaming establishment shall be permitted except within the gaming
district overlay.
C. If an applicant proposes a zoning change to tourist commercial in anticipation
of the development of a gaming establishment or establishments, then the applications
shall be combined, and the standards and conditions of approval for establishment
of the gaming district overlay shall be imposed on the change to a tourist commercial
zoning district.
D. The gaming district overlay may only be proposed in an area designated
for commercial land use under the adopted master plan.
E. The establishment of a gaming district overlay does not relieve the
applicant of any other requirements of law, including, but not limited to applicable
provisions of state and federal law, the consolidated development code, and
licensing and taxation provisions of the Douglas County Code. (Ord. 997, 2002)
20.685.030 (GD) Application for establishing
a gaming district.
Applications for the establishment or reclassification to, the gaming district
overlay must include a development plan. The zone establishment or reclassification
must be processed as provided for amending a zoning district in chapter 20.610.
The special use permit portion of the application must meet the requirements
of chapter 20.604. Applications must be submitted to the community development
department on a form provided by the director. (Ord. 997, 2002)
20.685.040 (GD) Minimum requirements
A. The application must comply with all of the procedures, and meet all
of the conditions otherwise provided in Title 20 for a change in the zoning
district and issuance of the special use permit. In addition, the application
must not be granted unless the applicant demonstrates that:
1. The area included in the proposal is served by adequate public
facilities, including roads, a public water system, a public wastewater system,
sanitation, utilities and related services.
2. The proposed establishment will not have a negative impact on public
services, natural resources or the quality of life of residents of surrounding
neighborhoods.
3. The proposed establishment will enhance, expand and stabilize employment
and the local economy.
4. If the proposed establishment is part of a resort hotel project
that adequate and affordable housing is available for the employees of the establishment
and resort hotel.
5. The proposed establishment will be located in an area planned or
zoned for that purpose.
6. The proposed establishment will not be detrimental to the health,
safety or general welfare of the community.
7. On the date that the application was filed, the property line of
the proposed establishment was not less than:
(a) Five hundred feet from the property line of a developed residential
district.
(b) Five hundred feet from the property line of a public school,
private school or structure used primarily for religious services or worship.
8. The proposed establishment will not cause material prejudice to
any of the following whose property line is within 2,500 feet from the property
line of the proposed establishment:
(a) A developed residential district, or
(b) A public school, private school or structure used primarily
for religious services
B. A proposed establishment that replaces or reconstructs an existing commercial
structure adjacent to a developed residential district may apply for a waiver
of the distance requirements in subsection A(7)(a) as part of its application.
The granting of such a waiver is in the discretion of the board, and may only
be granted upon affirmative findings on all the other subsections in this section.
In considering whether to grant the waiver, the board may base its exercise
of discretion upon any relevant factor, including, but not limited, to any one
or more of the following:
1. The proposed establishment replaces or reconstructs an existing
commercial structure.
2. There are significant highway or geographical features separating
the proposed establishment from the residential district.
3. The proposal includes mitigation measures, such as lighting controls,
landscaping buffers or features, sound barriers or traffic control improvements
to alleviate the impact of the development on the residential district.
C. If the application is denied, another application concerning the same
location or any portion thereof shall not be heard or considered for a period
of one year after the date of denial. (Ord. 1036, 2003; Ord. 997, 2002)
20.685.050 (GD) Special Use Permit
In addition to the specific requirements contained in this chapter, the
application for a special use permit for the gaming establishment shall be governed
by chapter 20.604. (Ord. 997, 2002)
20.685.060 (GD) Expansion of gaming establishments
within the Gaming District Overlay
Enlargement, extension, increase in intensity or relocation of gaming establishments
within the gaming district overlay is subject to issuance or modification of
special use permit, pursuant to chapter 20.604, and design review approval,
but no new application for the gaming district overlay under this chapter 20.685
shall be required. (Ord. 997, 2002)
