The measure passed on a 4-1 vote with Councilman Wayne Smith dissenting.
Smith indicated he was OK with all the proposed changes except one which would have decreased the separation of the establishments from 1,000 feet from churches to 500 feet.
The planning board at its last meeting voted on a 3-2 measure to do away with distance regulations — also called separation requirements — and instead proposed granting permission for owners to run new establishments in the B-4 and I-1 districts through the issuance of a conditional use permit.
Because the planning board serves in an advisory capacity to city council, there was no guarantee the proposed amendments would pass.
The proposed amendments the planning board looked at came after the planning and development department took a look into possible changes after receiving numerous inquiries from those wanting to open electronic gaming businesses. “We took it upon ourselves because of the influx of phone calls (to look at proposed changes),” Planning and Development Director Kelly Lasky said following the meeting. “We made no promises, no guarantees anything would change.”
Now that the vote has been made, any potential gaming operators who take exception to council’s vote would have to go through an application process to bring about requested changes to the ordinance. This would also require planning board review, recommendations and a public hearing before city council would make a final decision.
Deborah Lynch, who has been looking to open an establishment, told council during a public hearing on the matter, “You should do a conditional use permit. A conditional use permit would take care of all the restrictions … I’ve been to the planning board too many times. I’m getting frustrated with it.”
Lynch said following the meeting she would discuss the vote with the owners of the business seeking to open an establishment in the city to see whether they want to pursue possible changes.
City Attorney Gilbert Chichester said following the meeting it would be possible for Councilman Carl Ferebee, who made the motion to keep the regulations as is, to withdraw that motion.
Ferebee said during discussion on the matter, “I’d like to see a 1,000-foot (separation) whether it’s a park, school or residential (neighborhood).”
That’s when Lynch first suggested, “Let it be a conditional use permit and go business by business.”
Lasky said during discussion of the matter the regulations as written now preclude many applications from those wishing to run the establishments.