§ 34A-6. Game room regulations., Chapter 34A. Games and Amusement Devices, Code of Ordinances, Brookhaven

Location.

(1)

Game rooms shall be a permitted principal use in the following zoning use districts: J Business 2, J Business 3, and Commercial Recreation (CR).

(2)

Game rooms shall be permitted solely as an accessory use in the following zoning use districts: J Business 6, J Business 7.

Special permit required. No game room shall be operated without the applicant first having obtained a special permit from the Zoning Board of Appeals as herein required.

Site plan required. No game room shall be established without the applicant first having obtained site plan approval from the Planning Board. A preliminary site plan shall be submitted to the Zoning Board of Appeals with the application for special permit. The Zoning Board of Appeals shall refer the preliminary site plan to the Planning Board for recommendations prior to holding a public hearing on issuance of the special permit. The special permit shall not be effective until final site plan approval has been obtained.

Additional siting requirements. The applicant, as part of the preliminary and final site plan application, must demonstrate that the location is suitable and that, with respect to ingress, egress and parking, there is no adverse impact upon pedestrian and traffic safety.

Proximity to schools. No game room shall be located within 2,500 feet of the lot lines of any school educating minors unless the game room is located within an enclosed shopping mall located on a lot encompassing of not less than three acres or within premises where children under the age of 18 years of age are not permitted, such as bars and taverns.

Proximity to residential properties. No game room shall be located within 500 feet of the lot line of any single-family zoned residential district unless located within an enclosed mall located on a lot encompassing not less than three acres.

Supervision and security. During the hours the game room is opened for operation, there shall be at least one adult employee present on the premises. The Zoning Board of Appeals, as a condition of issuing the special permit, may require additional adult personnel to be primarily assigned for the purpose of supervising game room activities.

Lighting. All amusement devices located within a game room shall be well-lighted and visible at all times to the supervisory personnel.

Maintenance. The premises in and the property surrounding a game room shall be maintained in a clean manner.

Loitering. The proprietor shall not allow illegal assembly or loitering of persons on the lot upon which the game room is located.

Hours of operation. No amusement device located within a game room may be operated except during the hours specified by the Zoning Board of Appeals in the special permit. The Zoning Board of Appeals shall reserve the right to change said hours after a hearing held on notice to the permit holder should the actual operation of the facility have impact upon the surrounding community.

Parking. In addition to any other parking requirements, there shall be provided not less than one off-street parking space located on the same lot with the game room for each three amusement devices or fraction thereof located therein, unless the proposed game room is located in an enclosed mall on a lot encompassing not less than three acres.

Waiver of site plans. In the event that the application is for a game room with no more than 10 amusement devices, the Planning Board may waive or modify the site plan requirements.

Waiver of distance requirements. The Zoning Board of Appeals may, on application, waive or vary the proximity to residential property requirements upon a showing that the distance requirements bear no relationship to the type of game room proposed.