ZONING ORDINANCE
This text is the original 1959 Ordinance, as amended, with notations of dates when the Sections were amended. Should it contain any deviation from the actual Ordinance or Amendments, the recorded Ordinance shall prevail. Footnotes, not part of the Ordinance as adopted, have been added to assist the reader.
TABLE OF CONTENTS
Sec. Title and Purpose
1. SHORT TITLE
2. INTERPRETATION
3. NON-INTERFERENCE WITH GREATER RESTRICTIONS OTHERWISE IMPOSED
4. IDENTIFICATION
5. DEFINITIONS
6. DETERMINATION & INTERPRETATION OF DISTRICT BOUNDARIES
6.1 HOME OCCUPATION
7. PROCEDURE RELATING TO ANNEXED OR VACATED AREAS
8. USE
9. HEIGHT
10. YARD, LOT AREA AND SIZE OF BUILDING
11. LOTS
12. OFF STREET PARKING AND LOADING REGULATIONS
13. ESTABLISHMENT OF DISTRICTS AND ZONE MAP
13.1 BUFFER ZONE
14. RESIDENTIAL USES AND REQUIREMENTS
Table 1 Residential Uses and Requirements (Void)
Table 2 Requirement Standards for Dwellings in Districts
R-1, R-1-A, R-2, R-3, B-1, B-2, B-3, B-4
14.1 PRO
Table 12
14.2 OFFICE AND INSTITUTION
14.3 (M-U) MIXED USE RESIDENCE/SERVICES
14.4 MANUFACTURED HOUSING
15. BUSINESS USES AND REQUIREMENTS
Table 3 Business Uses and Requirements
Table 4 Business Uses - Parking Space(s) Required
Table 5 Business Uses - Loading & Unloading Berths Required
Table 6 Development Standards for Business Uses
16. (B-5) SHOPPING CENTER DISTRICT REQUIREMENTS/PROCEDURES
17. INDUSTRIAL USES AND REQUIREMENTS
Table 7 Industrial Uses and Requirements
Table 8 Industrial Uses - Loading and Unloading Berths Requirements18. CONTINGENT USES AND REQUIREMENTS
Table 9 Contingent Uses and Requirements
Table 10 Contingent Uses - Maximum Height
19. CONDITIONAL USES AND PROCEDURE
Table 11 Conditional Uses - May be Permitted
20. NONCONFORMING USE SPECIFICATIONS
21. ADMINISTRATION
22. PLANNING COMMISSION
23. BOARD OF ZONING APPEALS
24. AMENDMENTS
24.1 PUBLIC NOTICES
25. FILING FEES
26. REMEDIES AND PENALTIES
27. INVALIDITY OF PORTIONS
28. WHEN EFFECTIVE
NOTE: TABLES 1-12 ARE AT THE REAR OF THE ORDINANCE.
ZONING ORDINANCE
AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, BULK AND SIZE OF BUILDINGS AND OTHER STRUCTURES HEREAFTER ERECTED OR ALTERED, THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE SIZE, DEPTH AND WIDTH OF YARDS, COURTS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES: CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES THEREOF, DEFINING CERTAIN TERMS USED HEREIN: AND PROVIDING FOR THE METHOD OF ADMINISTRATION AND AMENDMENT, FOR A BOARD OF ADJUSTMENT, AND FOR THE IMPOSITION OF PENALTIES", ADOPTED OCTOBER 17, 1944, AS FOLLOWS:
In pursuance of authority conferred by Chapter 8, Article 5, of the West Virginia Code of 1942 and a referendum vote taken in said The City of Morgantown on June 6, 1944, and for the purpose of promoting the health, safety, morals and general welfare of the inhabitants of said City by lessening congestion in the streets, securing safety from fire, panic and other dangers, providing adequate light and air, preventing the overcrowding of land, avoiding undue congestion of population, facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements and by other means in accordance with a comprehensive plan and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality and to regulate and restrict the height, number of stories, size and general character of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, and after giving the public notice as required by state law:
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF MORGANTOWN, WEST VIRGINIA, IN REGULAR SESSION ASSEMBLED, THAT THE ABOVE TITLED ORDINANCE BE AMENDED TO READ AS FOLLOWS:
§1. SHORT TITLE.
This ordinance, and ordinances supplemental or amendatory there, shall be known, and may be cited hereafter as the "Zoning Ordinance of Morgantown, West Virginia - 1959."
§2. INTERPRETATION.
In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience and general welfare.
§3. NON-INTERFERENCE WITH GREATER RESTRICTIONS OTHERWISE IMPOSED.
It is not intended by this ordinance to interfere with or abrogate any easements, covenants, or other agreements between parties; nor any ordinances, other than expressly repealed hereby; nor any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued and not in conflict with any of the provisions of this ordinance; except that, where this ordinance imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces or greater lot area per family, than are required or imposed by such easements, covenants or agreements between parties, or by such ordinances, rules, regulations or permits, the provisions of this ordinance shall control.
§4. IDENTIFICATION.
Wherever the word "City" appears in this ordinance, it shall be deemed to refer to the City of Morgantown, West Virginia; the word "Commission" refers to the Morgantown Municipal Planning Commission; the word "Board" refers to the Morgantown Board of Appeals; the word "District" refers to a section of the City for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are herein established; the words "Zone Map" refer to a map entitled "City of Morgantown, West Virginia, Zone Map" dated 1959, and any amendments thereto; the words "Master Plan" refer to the complete plan, or any of its parts, for the development of the City, prepared by the Commission and adopted in accordance with the authority conferred by Article 5., Municipal Planning and Zoning, of the West Virginia Code of 1955, as is now or may hereafter be in effect. (1)
§5. DEFINITIONS.
For the purpose of this ordinance, certain terms and words used herein shall be interpreted and defined as follows:
Words in the present tense include the future and vice-versa; words in the singular number include the plural number and vice-versa; the word "building" includes the word "structure" and vice-versa; the word "shall" is mandatory and not directory.
1. ACCESSORY BUILDING - A subordinate building or portion of the main building, situated on the same lot as the principal building, the use of which is incidental thereto and which is not used for human occupancy except as hereinafter provided(2). (Amended 7/7/93)
1.1 ACCESSORY USE - A use subordinate to the main use on a lot and used for purposes customarily incidental to that of the main use. (Amended 7/7/93)
2. ALLEY - A right-of-way dedicated to public use, other than a street, road, crosswalk, or easement, designed to provide a secondary means of access for the special accommodation of the property it reaches.
2.1 BABYSITTING - Child care, for compensation, for up to three (3) non-resident children (this class of child care shall not require Conditional Use approval). (Amended 3/4/98)
3. BLOCK - Property having frontage on one side of a street, and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier (including an alley between zoned areas. (Amended 8/31/65)
4. BOARDING HOUSE - A building not open to transients, where lodging and/or meals are provided for three (3) or more, not over 30 persons regularly; a lodging house.
4.1 BREEZEWAY - A covered passage, open at least one side, between two buildings. (Amended 8/31/65)
5. BUILDING - A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without opening through such walls, each portion of such a building shall be considered a separate structure.
6. BUILDING, DETACHED - A building having no structural connection with another building.
7. BUILDING, FRONT LINE OF - The line of the face of the building nearest the front lot line.
8. BUILDING, HEIGHT OF - The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the mean height between eaves and ridges for gable, hip and gambrel roofs.(3)
9. BUILDING, PRINCIPAL - A building in which is conducted the main or principal use of the lot on which said building is situated. Where a substantial part of an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the principal building.(4)
10. BUILDING AREA - The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches and not exceeding one story in height, or architectural appurtenances projecting not more than two (2) feet.(5)
11. BUILDING LINE - The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
13. BUSINESS OR COMMERCIAL - The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.
14. CAMP, PUBLIC - Any area or tract of land used or designated to accommodate automobile house trailers, mobile homes, or two (2) or more camping parties, including cabins, tents, or other camping outfits. (Amended 12/13/61)
16. CERTIFICATE OF OCCUPANCY - A certificate signed by the City Manager stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this ordinance. (6)
16.1 CHILD CARE CENTER - Any child care facility that provides, for compensation, non-residential child care for seven (7) or more children for all or part of a day. This includes day care centers, family day care facilities, nursery schools, and pre-schools. This does not include: A kindergarten (operated by an accredited public school operating in sessions not exceeding four (4) hours per day for any child; the temporary care of children while parents are shopping, attending religious services, or other personal affairs; summer recreation camps; medical facilities for temporary residential care of children for treatment; persons providing family day care for children related to them. (Amended 3/4/98)
16.2 CHILD DAY CARE CENTER - Provision of non-residential child care for compensation, for thirteen or more children, not located in a residence. (Amended 3/4/98)
17. CLINIC OR MEDICAL HEALTH CENTER - An establishment where patients are admitted for special study and treatment by two or more licensed physicians and/or dentists, and their professional associates.
17.1 CONTIGUOUS - Adjacent lots which have a common boundary in excess of ten (10) feet and not separated by a dedicated right-of-way. (Amended 7/7/93)
17.2 DEVELOPMENT SITE - One or more lots, or portions thereof contiguous to one another and used or intended to be used as one. All lots or parcels of land constituting the development site shall be described in a single deed of record with the Monongalia County Clerk's Office. A development site may be an open land use, or it may be occupied by a principal building and its accessory buildings. (Amended 7/7/93)
17.3 DORMITORY - A building other then a hotel or apartment house where sleeping rooms for more than five (5) persons are provided for compensation pursuant to previous arrangement. (Amended 7/7/93)
18. DWELLING - A building or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels, motels, lodging or boarding houses, tourist homes, trailers or mobile homes. (Amended 12/12/61)
18.1 DWELLING, APARTMENT - A building designed for or occupied exclusively by three (3) or more families, a MULTI-FAMILY DWELLING, exclusively for dwelling purposes. (See Section 14, Item A (3). (Amended 8/31/65)
18.2 DWELLING, APARTMENT - EFFICIENCY - A small unit designed for residential purposes usually not containing a permanent bedroom.(Amended 8-31-65)
19. DWELLING UNIT - A dwelling or a portion of a dwelling or of an apartment hotel used by one family for cooking, living and sleeping purposes.
19.1 ERECTED - means built, constructed, reconstructed, moved upon, or any physical operations on the premises required a building or open use of the site. (Amended 7/7/93)
20. FAMILY - One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or legal adoption, no such family shall contain over three unrelated persons except where disability requires that more than three unrelated persons reside together; in such cases, there shall be no requirement for persons with disabilities to petition, apply or experience a process to obtain approval to live in any zoning district of the city. (Amended 9/15/92)
20.1 FAMILY DAY CARE FACILITY - Provision of non-residential child care, for compensation, for four (4) to twelve (12) children, including children less than six (6) years of age who live in the household. (This class of child care shall require Conditional Use approval, and all persons participating in the care of children shall be members of the household.) (Amended 3/4/98)
21. FILLING STATION - (Motor Vehicle Service) - A space, a building or part of a building used for retail sale or supply of motor fuels, lubricants, air, water, and other commodities essential to the operation of a motor vehicle; including the customary facilities for the installation of such commodities in or on such vehicles; but not including facilities for tire recapping, metal repair, valve grinding, spray painting, or similar operations which by nature may become noxious to occupants of adjacent property or the general public.
22. GARAGE, PRIVATE - An accessory building with capacity for not more than three (3) motor vehicles, no more than one (1) of which may be a commercial vehicle of not more than one (1) ton capacity. A garage designed to house two (2) motor vehicles for each dwelling unit in a multifamily structure shall be classed as a private garage. (Amended 7/19/94)
23. GARAGE, PUBLIC - Any building, or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles. (Amended 7/19/94)
24. GROUND FLOOR AREA - The square-foot area of a building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breeze-ways, terraces, garages, exterior and interior stairways.
24.1 FLOOR AREA, GROSS - The sum of the areas of all floors of a building, including basements, as measured from the exterior faces of the walls, but excepting uncovered porches and stairs, attics not used for occupancy, and areas in the building designed for parking of motor vehicles in order to meet the parking requirements of this Ordinance. (Amended 7/19/94)
24.2 FLOOR AREA, NET - The sum of the areas of all floors of a building, measured from the exterior faces of the walls, for calculating the required parking spaces; excluding non-flexible spaces such as stairs, restrooms, utility rooms, elevator shafts, and attics not used for occupancy, and which create no parking demand. (Amended 7/19/94)
25. HOME OCCUPATION - An occupation, profession or trade carried out on a regular basis for financial gain by one or more occupants, who reside in a said dwelling unit, as a secondary use which is clearly incidental and subordinate to the residential use of the dwelling. (Amended 7/19/94)
26. HOTEL OR MOTEL - A building or group of buildings in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding and lodging house.
27. IMPROVEMENT LOCATION PERMIT - A permit stating that the proposed erection, construction, enlargement or moving of a building or structure, or other improvement referred to therein complies with the provisions of the Comprehensive Plan.(7)
28. INDUSTRIAL PARK - A tract of land containing not less than the area specified for this purpose in this ordinance, which is designated to accommodate two or more industrial uses in accordance with a plan of development which presents a unified and organized arrangement of building areas, service facilities and related improvements, such as open spaces and planting areas, all of which have a functional relationship to the proposed use and will be in harmony with the use of land immediately adjacent to the tract.
29. JUNK YARD - Any place at which personal property is or may be salvaged for re-use, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including, but not limited to, used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matter, and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
30. KENNEL - Any lot or premises on which four (4) or more dogs, or small animals, at least four (4) months of age, are kept.
31. LOADING AND UNLOADING BERTH - The off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this ordinance is held to be a horizontal space of at least twelve (12) feet by forty (40) feet with a fourteen (14) foot height clearance. (Amended 7/19/94)
32. LOT - A parcel, tract or area of land abutting upon a street or place for at least sixty (60) percent of the lot width prescribed for the District in which the lot is located. Only one principal building shall be placed on a lot unless the lot is part of an Industrial Park, a Planned Shopping Center, or Planned Unit Development approved in accordance with this ordinance. (Amended 7/7/93)
32.1 LOT OF RECORD - A lot defined by plat or metes and bounds description which has been duly recorded with the Monongalia County Clerk.
33. LOT CORNER - A lot at the junction of and abutting two or more intersecting streets. (Amended 7/7/93)
34. LOT, INTERIOR - A lot other than corner lot or through lot.
35. LOT, THROUGH - A lot having frontage on two parallel or approximately parallel streets.(8)
36. LOT COVERAGE - The percentage of the lot area covered by the building area.
37. LOT GROUND LEVEL(9)
(a) For buildings having walls adjoining one street only, the elevation of the curb level opposite the center of the wall adjoining the street.
(b) For buildings having walls adjoining more than one street, the average of the elevation of the curb level opposite the center of all walls adjoining the streets.
(c) For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five (5) feet from a street is to be considered as adjoining the street.
38. LOT WIDTH - The dimension of a lot, measured between side lot lines on the building line.
39. LOT LINE, FRONT - In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line.(10)
40. LOT LINE, REAR - A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.
41. LOT LINE, SIDE - Any lot boundary line not a front lot line or a rear lot line.
42.1 MOBILE HOME - A transportable structure assembled in manufacturing facilities for installation on a building site prior to the 19974 federal law regulating manufactured housing (effective June 1, 1976). Such units may have been built in accordance with the voluntary standards of the American National Standards Institute (ANSI) for mobile homes. (Amended 8/17/98)
42.2 MODULAR HOME - A structure assembled or fabricated in a manufacturing facility for installation on a building site and designed for long term residential use, and certified as meeting the standards in the West Virginia Building Code (BOCA/CABO) and Fire Code. (Amended 8/17/98)
43. PARKING LOT - Any off-street parking facility designed to accommodate four or more required parking spaces as specified in this Ordinance. Parking lots shall conform to the design standards contained herein as well as other applicable City standards. (Amended 7/19/94)
46.1 PRINCIPAL STRUCTURE - A structure or building having the most significant or primary use on a lot, as contrasted with accessory structures which are incidental to, or subordinate to, the primary structure or building. (11) (Amended 7/7/93)
46.2 PRIVATE CLUB - Any corporation or unincorporated association meeting the definition of private club as contained and utilized within Sections 60-7-1 et seq. of the West Virginia Code as the same applies to licensing for sale of alcoholic liquor.
47. PRIVATE SCHOOL - Private preprimary, primary, grade, high or preparatory school or academy.
48. PROFESSIONAL OFFICE - Office of members of recognized professions, such as an architect, artist, dentist, engineer, musician, physician, surgeon, or other professional person.
49. SHELTER HOUSE - A building open to transients, displaced families or for adult day care services, where lodging and/or meals are provided for (3) or more persons regularly.
49.1 SIGN - Any identification, illustration, description, symbol, statue, or other device, which is affixed either directly or indirectly upon a parcel, building, structure, or other surface, and used or intended to attract attention of the public to the specific nature of the business within when visible from any position on or off the premises upon which it was displayed.
50. STREET - A public way established or dedicated by duly recorded plat, deed, grant, governmental authority or by operation of law.
51. STRUCTURE - Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground, excluding minor landscaping, walks, driveways, flagpoles, or similar features. (Amended 7/7/93)
52. STRUCTURAL ALTERATION - Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or the roof.
53. TERRACE - A natural or artificial embankment between a building and its lot line.
54. TERRACE, HEIGHT OF - The difference in elevation between the curb level and the top of the terrace at the center of the building wall.
55. TOURIST HOME - A building in which one but not more than five guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.
55.1 TOWER - Means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term shall not include amateur radio operator's equipment as licensed by the FCC. An antenna support structure, other than a tower, means any building or other structure fifty (50) feet in height or taller which can be used for location of telecommunications facilities. (Amended 8/17/98)
56. TRADE OR BUSINESS SCHOOL - Secretarial or Business School or College when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for teaching industrial or technical arts.
57. USE - The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.
58. USE, NONCONFORMING - A use of land or building, existing at the time of the adoption of this ordinance, which fails to comply with the requirements set forth in this ordinance applicable to the District in which such use is located.
59. USE, OPEN - The use of a lot without a building or including a building incidental to the use, with a ground floor area equal to five (5) percent or less of the area of the lot.
60. VARIANCE - A modification of the specific requirements of this ordinance granted by the Board in accordance with the terms of this ordinance for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and District.
61. VISION CLEARANCE ON CORNER LOTS - A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision, other than tree trunks, between the heights of 3 and 12 feet above established grade, determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each property line.(12)
62. YARD - A space on the same lot with a main building, open, unoccupied and unobstructed by structures, except as otherwise provided in this Ordinance.
63. YARD, FRONT - A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the street right-of-way line and the building line.
64. YARD, REAR - A yard extending across the full width of the lot between the rear of the main building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30 percent of the required space, the depth of which is the least distance between the rear lot line and the rear of such main building.(13)
65. YARD, SIDE - A yard between the main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90° with the side lot line, from the nearest part of the main building.
§6. DETERMINATION AND INTERPRETATION OF DISTRICT BOUNDARIES.
In determining the boundaries of Districts, and establishing the regulations applicable to each District, due and careful consideration has been given to existing conditions, the character of buildings erected in each District, the most desirable use for which the land in each District may be adopted, and the conservation of property values throughout the City.
Where uncertainty exists as to the exact boundaries of any district as shown on the Zone Map, the following rules shall apply.
A. In unsubdivided areas, or where a District boundary subdivides a lot, the exact location of the boundary shall be determined by use of the scale of the Zone Map.
B. In the case of further uncertainty, the Board shall interpret the intent of the Zone Map as to the location of the boundary in question.
§6.1 HOME OCCUPATIONS.(14)
Employment of residents in home occupations within residential neighborhoods can have the following benefits for the residents and the City: improvement of economic status of persons who might otherwise be unable to find suitable employment; improvement in the quality of life for persons who prefer to work at home; reduction of traffic and congestion insofar as those employed in home occupations of security from the presence of residents in their homes and neighborhoods during working hours; improvement in the local economy from increasing employment opportunities; and enhancement of the tax base for the City, both directly from taxation of home occupations and indirectly through growth of the local economy; and home occupations need not detract from the residential character of a dwelling or neighborhood if they are subject to appropriate criteria and restrictions to prevent substantial increases in traffic, congestion, parking problems or other deleterious impact on the neighborhood.
Since it is the City's intent to allow for Child Care at a residence, and since this type of home occupation poses unique aspects that the standard home occupation criteria doesn't address, Family Day Care Facilities, as defined in Section 5, shall be further regulated by Section 19-E-5 of the Ordinance, including exceptions to usual requirements of Section 6.1. (Amended 3/4/98)
A. CRITERIA AND RESTRICTIONS:
1. A home occupation requires a Conditional Use permit. The conditional use permit for a home occupation is personal to the applicant, is not transferable to any other person, and does not apply to any other business of the applicant.
2. A home occupation shall be compatible with residential uses of the dwelling, shall not change the residential character of the dwelling, shall not detract from the residential character of the neighborhood, and shall not result in substantial increases in traffic, congestion, or parking burdens in the neighborhood. In addition to the provisions governing conditional uses set forth elsewhere in the ordinance, a home occupation is subject to the following criteria and restrictions:
3. Shall produce no detectable fumes, odors, dust, heat, noise, vibration, glare, electro-magnetic field, electrical interference, or other effects outside the dwelling, including transmittal through vertical or horizontal party walls.
4. Shall occupy less than 25% of the floor area of the principal structure, and shall not require internal or external alterations or construction features not customary to a residential dwelling.
5. Shall not require fixed installation of equipment or machinery.
6. Shall be carried on entirely within the principal building. No home occupation nor any storage of goods, materials, or products connected with a home occupation shall be allowed outside the dwelling or in accessory buildings or garages, except for parking of the occupants' vehicles.
7. Shall have no more than one vehicle with business identification, and shall have no vehicle with greater than one (1.0) ton capacity and shall not have any trailer.
8. Except as required by state law, there shall be no exterior indication of the home occupation, no exterior signs, nor any other on-site advertising visible from the exterior.
10. Retail sales shall not occur on the premises on a regular basis or in substantial volume, and no stock-in-trade shall be displayed on the premises. Retail activities are limited to storage of personal and household products (eg, jewelry, crafts, health and beauty aids, household cleaners) for sale at a location off the site.
11. Shall register as a business with the City Finance Office and shall pay applicable business and occupation taxes.
12. The application for a Home occupation Conditional Use permit must include descriptions of the days and hours of operation; the average and maximum number of customers, clients or students per week, per day and at any one time, and whether they will be coming by car, by public transportation or on foot; the average and maximum number of deliveries per week and per day; the availability of on-street, off-street parking, and public parking at the site and in the vicinity; and any other ways in which the home occupation might affect congestion, traffic and parking in the neighborhood. Approval of an application for a home occupation as a conditional use shall be conditioned upon compliance with the description in the application and such other conditions as may be imposed by the Board. Off street parking may be required as a condition, depending on the circumstances.
13. If the applicant is not the owner of the property at which the home occupation will be conducted, the application must verify that written notice of intention to conduct the home occupation has been give to the owner of the property, and the application shall be accompanied by a copy of the letter by which notice was provided to the owner of the property.
14. After a home occupation conditional use permit has been granted, if the holder of the permit wishes to make any change in the conduct of the business that departs from the description in the application or from any other conditions or restrictions imposed by the Board, the holder of the permit must obtain prior permission of the Board on the basis of a new application.
15. If any resident living within 300 feet of a home occupation believes that it is being conducted in violation of the imposed conditions or believes that the home occupation as conducted is detracting from the residential character of the neighborhood, the resident can submit a petition of the revocation of the conditional use permit. If the Zoning Administrator is unable to resolve the problem informally, it will be placed on the agenda of the Board of Zoning Appeals for a public hearing. On the basis of evidence introduced at this hearing, the Board may revoke the Conditional Use permit or impose additional restrictions or conditions on the conduct of the business.
§7. PROCEDURE RELATING TO VACATED AREAS.
Whenever any street, alley, public way, railroad right-of-way, waterway or other similar area is vacated or annulled by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way, waterway, or similar areas shall be extended automatically to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended Districts. (Amended 2/6/79)
§8. USE.
No building or land shall be used and no building shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a use which is permitted and specified in a District in which such building or land is located.
§9. HEIGHT.
No building shall be erected, reconstructed or structurally altered to exceed in height the limits established and specified for the use and the District in which such building is located. On a lot where terraces exist, the height of the building located thereon may be increased above the height limitations of the District a distance equal to the height of the terrace above the curb, provided that the depth of the front yard be not less than the height of the terrace above the curb.
§10. YARD, LOT AREA AND SIZE OF BUILDING.
No building shall be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce in any manner, the yards, lot area per family, ground floor area of residential buildings, or lot coverage regulations, established and specified for the use and the District in which such building is located.
§11. LOTS. (Building Thereon)
Every building hereafter erected shall be located on a lot.(15)
§12. OFF-STREET PARKING AND LOADING REGULATIONS.(16)
A. PURPOSE:
The Off-Street Parking and Loading Regulations are designed to reduce street congestion and traffic hazards by the establishment of minimum standards to insure adequate number, size and location of off-street parking and loading spaces to be provided with the various land uses permitted in this Ordinance.
B. GENERAL REQUIREMENTS AND DEFINITIONS:
1. Responsibility for providing parking:
The duty to provide and maintain off-street parking and loading spaces herein required
shall be the joint and several responsibility of the owner and occupant of the land on which is established any use for which any off-street parking or loading space is required to be provided and maintained.(17)
2. Parking required to obtain permits for use of property:
No Building Permit shall be issued, no use shall be established or changed, and no structure shall be erected, enlarged or reconstructed unless the applicant has presented, satisfactory evidence via a parking lot design, that the off-street parking and loading spaces herein required are provided in the minimum amounts and maintained in the manner specified; provided, however:
a. For the enlargement of a structure or for the expansion of a use of structure or land there shall be required only the number of off-street parking and loading spaces as would be required if such enlargement or expansion were a separate new structure or use; and
b. For a change in the class or use of a structure or land, the number of additional off-street parking and loading spaces required shall be equal to the number required for the new use, less the number of spaces which would have been required for the previous use if it had been established in conformance with this Section; but in no case shall the total number of spaces furnished be required to exceed the minimum number required for the new use.
3. Fractional Measurements:
Unless otherwise provided for in the specific regulations, one (1) additional parking space shall be required if the fractional number of one-half (1/2) or more is calculated for required parking spaces.
4. Parking Spaces for the Handicapped:
A minimum amount of parking spaces shall be provided in convenient locations and reserved for the handicapped. The stall width and access considerations, and markings, shall conform with design standards in federal ADA publications.
5. Joint Usage of Parking / Unloading Space:
The joint use of a parking lot for two or more buildings or mixed uses may be permitted as a conditional use provided that:
a. The total number of spaces used together is not less than the sum required for various buildings or uses if computed separately.
b. That the lot is in the same zoning district as the principal use, or in a district that permits public parking lots as a principal or conditional use.
c. Each use of the shared spaces shall function as if having been provided separately. In addition, a legal agreement shall be prepared by and between property owners specifying the conditions for sharing and maintaining said space(s), and such agreement shall be filed with the City Planning Department and with the County Clerk.
6. Off-Site Parking:
In Business, Industrial and Multi-Family Districts, the Board of Zoning Appeals may grant Conditional Use Approval to provide required sparking spaces on a site that is: 1) within 300 feet of the principal use and 2) within a District that permits public parking lots as a principal or conditional use.
7. Variances from the Off-Street Parking Loading Regulations:
The Board of Appeals shall have the power to grant variances from the specific requirements of this Section, provided that it finds that the spirit and intent of these regulations have been substantially complied with. However, this authority does not grant the Board the power to waive all off-street parking and loading requirements.
8. Definitions:
a. Off-Street Parking Space:
An area usable for the parking of a motor vehicle located entirely on private property consisting of a rectangle measuring no less than nine (9) feet by twenty (20) feet, exclusive of those additional areas required for safe ingress and egress to said space, whether enclosed or open to the sky, with a vertical clearance of at least seven (7) feet, and provided with permanent access as designated by these regulations.
b. Parking Lot:
Any off-street parking facility designed to accommodate four or more parking spaces as specified in this Ordinance. Parking lots shall conform to the design standards contained herein as well as other applicable City standards.
c. Gross and Net Floor Area:
See Section 5-24.1, 24.2
C. PARKING LOT DESIGN REQUIREMENTS:
A site plan for any proposed lot for four (4) or more spaces shall be submitted to the Planning Department for review and approval at the time of application for a building permit for the building to which the parking is accessory, or at such time any land is to be used for said parking lot. (18)
1. Minimum Space Standards:
All parking lots shall conform to the following minimum parking lot dimensions.
a. The minimum stall size shall be 9 feet by 19 feet, except that compact car spaces, as allowed, may be nine (9) feet by sixteen (16) feet.
b. In parking lots with more than twenty (20) spaces, up to thirty (30) percent of the spaces in excess of 20 spaces may be designed for compact cars; with a minimum stall size of 9 feet by 16 feet. Compact car spaces must be clearly signed "Compact Car Only."
c. Up to two feet of the required stall's length may project over a landscaped portion of the site.
d. The minimum access aisle width shall conform to the standards in the following table, depending on the type of parking arrangement.
e. Where parking is for employees only, or for residents use, where daily turnover of spaces is low, the space width may be reduced to eight and one-half feet. [8.5 ft.]
2. Vehicular Access:
a. Each required off-street parking space shall open directly upon an aisle of such width and design as to provide safe and efficient means of vehicular access to said space. Each parking lot shall be designed with appropriate means of vehicular access to an improved public or private street on which the lot or building site has frontage. If a secondary means of permanent vehicular access is provided, such as a paved alley or service road, such means of access shall be improved to City standards.
b. All vehicular accessways shall be located as far as feasible from the ultimate curb line of intersecting streets, in accordance with Engineering Departments standards.
c. Along any highways, major or minor arterial street, each building or group of buildings, together with its parking or service areas, shall be physically separated by a vertical curb, maintained planting strip, or other suitable barrier to channel and direct vehicular ingress and egress, except for necessary accessways.
d. Separate entrances and exit driveways shall be so located as to minimize traffic congestion on the site and in the public street. Said entrances and exits may be combined in a single driveway where adequate safeguards are provided to minimize congestion and to protect pedestrian and vehicular traffic upon the approval of traffic flow plans on the site and in the public street.
e. All required parking spaces, with the exception of spaces for one (1) and two (2) family dwellings, shall be so arranged as not to require the moving of any vehicle on the premises in order to enter or leave any other stall, or to require the backing of any vehicle across any sidewalk or onto any street when exiting the stall.
3. Required Site Plan Contents:
The scale of the site plan shall be no smaller than 50 feet to the inch. The site plan shall be drawn according to the following requirements and shall show these items detailed herein:
a. Zoning, setbacks and statement of use.
b. North arrow and scale.
c. All adjacent streets, alleys, sidewalks and curbs with dimensions.
d. Ownership of the parcel being developed.
e. Use, total floor area, and location of each existing and proposed structure.
f. Complete dimensions of parking lot.
g. Grading and drainage plan of parking lot and showing how the proposed elevations tie into grades of adjacent properties.
h. Landscaping, walls, and lighting.
i. Type and thickness of parking surfaces and base.
j. Number of employees in proposed business.
k. If public assembly, number of seats and/or occupant capacity.
l. If applicable, the number of rooms or beds.
4. Landscaping:
a. Interior:
A minimum of five percent (5%) of the off-street parking lot containing twenty (20) or more spaces shall be landscaped.
b. Peripheral Planting:
On the exterior edge of a parking lot a planting strip not less than three (3) feet in width parallel to the front and side street right-of-way lines shall be provided. The sight clearance requirements of this Ordinance shall be complied with on all parking lots, including driveways.
c. Landscaping Maintenance:
All landscaped areas shall be well maintained in perpetuity by the property owner. It shall also be the responsibility of the property owner to maintain the right-of-way between the curb line and the property line.
D. REQUIRED PARKING AREA IMPROVEMENTS:
1. Paving Required:
All off-street parking spaces, parking lots and loading areas and their access drives shall be paved with a durable, dust-free surface of masonry, portland cement, asphaltic concrete, or other durable, hard-faced material approved by the City Engineer.
2. Improvement of Parking Lots:
All parking lots shall be improved as follows:
a. Designed in compliance with the City Engineering Department requirements for storm water management.
b. Surfaced with a hard-faced material. [See Section C-1 above]
c. Parking stalls shall be clearly indicated by a four (4) inch strip of white traffic paint or other method approved by the City Engineer.
d. Wheel-stops for vehicles shall be provided and so located that no part of a parked vehicle shall extend beyond the property line.
e. A barrier shall be constructed between all parking lots and adjacent residential uses or districts so that the adjacent residents are not unreasonably disturbed, either by day or night, by the operation of vehicles. These barriers shall be required along any property line or required setback line for that portion of the lot which adjoins or lies across the street, alley or other public way from the said residential area, except for necessary driveways. The barrier shall be a solid wall or fence, or permanently maintained dense vegetation, and shall be three (3) feet in height within the front yard area and not less than four (4) feet in height within the said side and rear yard area. In all cases, the clearvision requirement shall be maintained at driveway intersections with abutting streets.
f. Lighting standards, if installed, shall be placed so as to reflect the light away from the adjacent areas, and so as not to interfere with traffic movement or control.
E. MINIMUM PARKING SPACES REQUIRED:
For all dwellings or businesses hereafter erected, provisions Shall be made to supply the following minimum parking requirements.
Any parking spaces required for employees shall be determined according to the maximum number of employees on duty and/or residing on the premises at any one time.
If for any reason the classification of any use for the purpose of determining the required amount of off-street parking spaces is not readily determinable hereunder, the classification of the use shall be fixed by the Planning Director.
1. Auto Rental Agencies:
One (1) space for each two hundred (200) square feet of gross floor area, plus one (1) space for each vehicle to be stored on the lot.
2. Automotive Fuel Sales (Retail):
One and one-half (1.5) spaces for each dispenser up to the first six (6) dispensers and one
(1) space for each additional dispenser. (Standing areas at dispenser island and interior circulation areas shall not be counted as parking areas).
3. Automotive Service:
One and one-half (1.5) spaces for each service bay (a service bay shall not be counted as parking space).
4. Banks:
One (1) space for every two hundred (200) square feet of gross floor area.
5. Barber/Beauty Shop:
1.5 spaces per chair, plus one space per two employees.
6. Bowling Alleys:
Two (2) spaces for each alley, plus one (1) for each billiard table, plus one (1) for each five (5) seats in any gallery. (If the other uses are included, each use shall provide the spaces required for that use).
7. Cafes, Restaurants, Private Clubs:
One (1) space for each seventy-five (75) square feet of gross floor area where the public is served, plus an additional ten percent (10%) of the off-street parking required herein for use by employees.
8. Commercial Buildings (not otherwise specified herein):
One (1) parking space for each two hundred fifty (250) square feet of gross floor area.
Parking spaces shall be not less than thirty percent (30%) of maximum occupancy as determined by the Fire Department.
10. Day Care Center:
One (1) space for each employee plus one (1) space for each five (5) children. Day care facilities provided as an accessory use to a primary use on the same property, shall require only one (10 parking space per day care worker).
11. Drive-In Facilities:
Temporary parking spaces are to be provided in moving lanes, or "stack-up" space, preceding customer service space:
a. Drive-In Banks and Fast Food Establishments: Four (4) spaces for each teller or service window.
b. Personal Service Businesses (such as dry cleaners and photo pick-up): Two (2) spaces for each service window.
12. Educational Facilities:
Elementary and secondary schools, kindergartens, and parochial schools shall provide one (1) space for each classroom, plus one (1) space for each five (5) students of legal driving age, and one (1) space for each three (3) non-teaching employees.
13. Gymnasiums or Health Studios:
One (1) space for each four hundred (400) square feet of gross floor area, plus one (1) space for each employee.
14. Hospitals:
One (1) space for each three (3) beds, plus one (1) space for each staff doctor, plus one (1) space for each three (3) employees other than staff doctors.
15. Hotels and Motels:
One and one-tenth (1-1/10) parking spaces shall be provided for each guest room. When auxiliary commercial uses are included, the following additional standards are required:
a. One (1) parking space for every sixty (60) square feet of gross area where public is served.
b. One (1) parking space for every four hundred (400) square feet of gross floor area of commercial accessory use.
c. One (1) space for every six (6) seats, if seats are fixed; or one (1) space for fifty (50) square feet for places of public assembly.
16. Manufacturing and Industrial Uses (including open industrial uses:
One (1) space for each five hundred (500) square feet of gross floor area or one (1) space per each three (3) employees on the maximum shift, whichever is greater. Open industrial uses: One (1) space per four thousand (4,000) square feet of lot area.
One (1) space for each one hundred fifty (150) square feet of gross floor area.
18. Motor Vehicle or Machinery Retail Sales:
One (1) space for each four hundred (400) square feet of gross floor area, plus one (1) space for each three (3) employees, plus one (1) space for each twenty (20) outdoor vehicle display spaces.
19. Mortuaries, Funeral Homes:
One (1) space for each seventy-five (75) square feet of assembly room floor area, plus one (1) per employee, plus one (1) for each car owned by such establishment.
20. Nursing Homes, Convalescent Homes, etc.:
One (1) space for each six (6) beds.
21. Places of Public Assembly:
Churches(19), auditoriums, exhibition halls, theaters, convention facilities, meeting rooms, and other places of public assembly shall provided one (1) off-street parking space for every four (4) seats, if seats are fixed; or one (1) space for each thirty (30) square feet of open assembly area where seats are not fixed, excluding platform and stage areas. For a church/temple/religious center, off-street parking shall be required for primary seating only.
22. Offices (not otherwise specified herein):
One (1) space for each three hundred (300) square feet of net floor area.
23. Residential Uses:
a. Single-Family Dwellings: Two (2) spaces for each dwelling unit.
b. All other types of structures:
Efficiency Unit ---------------- 1.0 space
One-Bedroom Unit ----------- 1.0 spaces
Two-Bedroom Unit ---------- 1.5 spaces
Three-Bedroom Unit --------- 2.0 spaces
c. Group Housing Facilities: (Rooming houses, fraternities, etc.) One (1) space for each three (3) persons, based upon the approved maximum occupancy.
24. Retail Stores, Shops, Supermarkets, Food Stores:
One (1) space for each two hundred fifty (250) square feet of gross floor area.
25. Trade Schools, Business Colleges:
One (1) space for each two hundred (200) square feet of net floor area.
26. Wholesaling and Warehousing:
One (1) space for each eight hundred (800) square feet of gross floor area.
27. Shopping Centers:
Five (5) spaces per one thousand (1,000) square feet of gross floor area.
28. Self-Storage Facilities:
Two (2) spaces plus one (1) space for each fifty (50) storage cubicles.
F. OFF-STREET LOADING REGULATIONS:
1. Provisions:
Every hospital, institution, hotel, commercial or industrial building hereafter erected or established shall have or maintain loading spaces.
a. Loading spaces shall be not less than twelve (12) feet in width, forty (40) feet in length, and with fourteen (14) feet in vertical clearance.
b. Loading spaces shall be located and designed so that trucks need not back into a street or alley. No part of an alley or street shall be used for loading except for areas designated by the City for loading.
c. When the lot upon which the loading spaces are located abuts an alley paved to City standards, such loading spaces may have access from said alley if the alley is not adjacent to a residential district.
d. No loading space for vehicles over two (2) ton capacity shall be closer than fifty (50) feet to any property in a residential zoning district unless enclosed by a building or a solid fence or wall not less than six (6) feet in height.
e. No loading berth shall be located within any minimum required front or side yard.
f. No loading space which is provided for the purpose of complying with the provisions of this Ordinance shall thereafter be eliminated, reduced or converted in any manner below the requirements established in the Ordinance, unless equivalent facilities are provided in conformance to this Ordinance.
g. Space allocated for any off-street loading facilities shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities, or portion thereof.
h. Required off-street loading spaces shall be located on the same site as the use being served.(20)
2. Loading Spaces Required:
At least the following amounts of off-street loading space shall be provided for uses other than residential, with adequate means for ingress and egress.
Total Square Feet of Building Space Loading Spaces
(gross floor area) Required
12,500 up to and including 40,000 1
40,001 up to and including 100,000 2
For each additional 90,000 1 addition
§13. ESTABLISHMENT OF DISTRICTS AND ZONE MAP.
The City is hereby classified and divided into (13) Districts designated as follows:
District Designation Primarily For
R-1 Single Family Residences
R-1-A Single Family Residence
R-2 Single and Two Family Residences
R-3 Multi-family Residences
PRO Professional, Residential, Office
O-I Office and Institution
M-U Mixed Use Residences/Services
B-1 Neighborhood Business
B-2 Accommodation Business
B-3 Service Business
B-4 General Business
B-5(21) Shopping Center
I-1 Industry
BUFFER Transitional Use
"The Zone Map which accompanies and is hereby declared to be a part of this ordinance, shows the boundaries of, and the area covered by the Districts. Notations, references, indications and other matters shown on the Zone Map are as much a part of this ordinance as if they were fully described herein. (Amended 2/7/79)
The Districts identified above are described as follows:
RESIDENCE DISTRICTS - Four Districts, (R-1), (R-1-A), (R-2) and (R-3), are established for residential use in conformity with the types of neighborhoods which have occurred and are likely to develop in the areas so designated in the Zone Map. The Districts differ with respect to minimum lot size, building ground floor area and the number of families which may be housed in one building. The specific requirements with respect to each residence District are shown in Table 2. Certain non-residential Contingent Uses are automatically permitted in these Districts (see Table 9), and some Conditional Uses (see Table 11) may be permitted in Residence Districts with the approval of the Board of Appeals. A brief description of each of the Residence Districts follows:
(R-1) - This is primarily a single-family dwelling District and includes most of the territory designated for residential use outside of the City as well as extensive areas within it.
The (R-1) requirements as to minimum size of lots and ground floor area of buildings are greater than those specified for the other residence Districts. (Amended 4/8/92)
(R-1-A) - This is primarily a Single-Family Dwelling District created to include much of the City's older area which were platted with lots which do not meet the (R-1) District Development Standards. (Amended 11/05/91)
(R-2) - This is primarily a single-family and two-family residence District. Multi-family dwellings are permitted as conditional uses. Requirements for minimum lot size, ground floor area of structures and maximum height of buildings are somewhat less stringent than the requirements of the (R-1) and (R-1-A) Districts. (Amended 11/05/91)
(R-3) - This District, permitting all types of residential use, includes those parts of the city which are most densely built-up and containing a number of two- and multi-family dwellings. The minimum lot size requirements for dwellings in this District are lower to permit greater population densities close to the business and industrial areas.
TRANSITIONAL DISTRICTS
(PRO) - This District is intended to provide a suitable environment for certain types of uses primarily professional and office in character, that can be located adjacent to residential uses without undue harmful effects to such residential uses. The District will be applied where a transition use buffer is appropriate between residential and incompatible uses.
(O-I) - This District is intended to accommodate office, institutional and certain types of residential uses in areas the character of which is neither general commercial nor exclusively residential in nature, but location of which, because of traffic volume and surrounding environment is more suitable to a light intensity commercial use. This Zoning District is more intense than the PRO Zoning District.
(M-U) - This is primarily a Multiple Family Residence District, situated adjacent to the downtown WVU campus, with mixed residential and business uses in the same structure as Conditional Uses. Business uses are limited to those which are needed by residents of the neighborhood and visitors to the adjacent WVU
campus facilities.
BUSINESS DISTRICTS - Five Districts, (B-1), (B-2), (B-3), (B-4) and (B-5), are established to meet the specific requirements for the several classes of business and commercial uses needed to give adequate service throughout the city as related to present and future development. Single- and two-family dwellings are permitted in the (B-1), (B-2), and (B-3) Districts; multi-family dwellings are permitted uses in the (B-1) and (B-3) Districts and as a conditional use in the (B-2) and (B-4) Districts. Single family and duplex residential structures are prohibited in the (B-4) (Central Business area) and residential uses are prohibited in (B-5) Districts, the latter being designated for the shopping center type of development. All residential uses in the Business Districts, except those in (B-4), are subject to the requirements of Table 2. The specific requirements for business uses in these Districts are given in Tables 3, 4, 5, and 6. For Contingent Uses permitted in the business Districts see Table 9 and for Conditional Uses see Table 11. A brief description of the business districts follows: (Amended 2/2/82)
(B-1) - This District is designed and located in neighborhoods to accommodate the shopping and service needs of the locality. Although limited in area occupied, these Districts are important to the economic welfare of the community in placing "convenience" and "impulse" goods shops close to the consumer. The neighborhood business uses defined in §15 are permitted in all business Districts with the exception of (B-2).
(B-2) - This business District has been established for specialized areas in the City with unusual service requirements. The uses permitted are limited to those having a special application to the type of services required.
(B-3) - This District permits retail business and services at locations to accommodate the drive-in, as well as the walk-in, trade. It provides for many of the business uses customarily found in central business districts and associated uses such as open sales lots and automobile services which occupy areas of substantial size.
(B-4) - This is essentially the central business district of the City, and accommodates all types of business and service uses including warehouse and storage facilities and some light industrial operations. (Amended 2/2/82)
(B-5) - This District is provided to meet the need for retail shopping facilities in planned shopping centers in the sections of the community where no clear pattern of business now exists. It is proposed that each such business center be established on a single, well-planned site of at least 6 acres in area to accommodate the
shopping needs of a neighborhood. The location and extent of the (B-5) District is given in the Zone Map as (B-5a), permitting a shopping center to be established within 1400 feet of the (B-5a) symbol, and (B-5b) where the shopping center may be established at specific locations.
INDUSTRIAL DISTRICT - While only one industrial district (I-1), is provided, it is designed to accommodate all types of industrial uses, as well as complementary business uses which may be expected in this locality. The specific requirements are set forth in Tables 7 and 8. Contingent Uses permitted are listed in Table 9 and Conditional Uses which may be permitted are given in Table 11. Apartments above the first floor are allowed as a Conditional Use, subject to parking requirements in Section 12 for residential uses. When an (I-1) industrial property's use is changed to a business use, the amount of required parking for the business use shall be in accordance with Section 12. A subsequent change from business to industrial use shall be only upon Conditional Use approval. No other residential use is permitted in the (I-1) District, excepting however, that any lot that is now so designated in a recorded plat may be used for residential purposes. (Amended 02/03/98)
(I-1) - This District includes the territory in the City which has been previously zoned for industrial use as well as additional lands deemed to be best suited to that use.
§13.1 BUFFER ZONE.
A reasonable Buffer Zone may be established between conflicting use districts to mitigate adverse impact that may result from otherwise contrasting uses, which said Buffer Zone may consist of a transitional zone containing intermediate uses or by actual physical screening. (Amended 10/6/87)
§14. RESIDENTIAL USES AND REQUIREMENTS.
A. The residential uses defined below are permitted in the Districts indicated in Table 1, when complying with the requirements listed therein. A summary of most requirements as they apply to residential use will be found in Table 2.
1. A SINGLE-FAMILY DWELLING is a detached building designed for or occupied by one family exclusively.
2. A TWO-FAMILY DWELLING is a detached building designed for or occupied by two families.
3. A MULTI-FAMILY DWELLING is a building designed for or occupied by three or more families, including condominiums, exclusively for dwelling purposes. (Amended 2/21/79)
B. Provisions and Exceptions to Residential Uses:(22)
1. Area and Width:
A single-family dwelling may be located on any lot in any District in which single-family dwellings are permitted if the lot was in single ownership or included in a subdivision of record at the time of passage of this Ordinance even though the lot does not have the minimum lot width or the minimum lot area specified for the District.
2. Rear Yard:
One-half of an alley abutting the rear lot line may be included in the required rear yard.(23)
3. Basement Occupancy:
No basement shall be occupied until the residential structure has been completed.
4. Accessory Buildings(24) and Uses:(25)
a. Accessory Buildings are permitted in all Districts, but not prior to the erection of the principal building.
b. An accessory building, or garage, may be located in the rear quarter of the lot, but shall not be closer than three (3) feet to a side lot line, nor more than eighteen (18) feet in height. A private garage may be connected to the residence by a breezeway, but not more than ten (10) feet from the dwelling. (26) (Amended 7/19/94)
c. Accessory uses such as walks, driveways, curbs, retaining walls, mailboxes, lamp posts, bird baths, and structures of like nature are permitted in any required front, side, or rear yard. Fences, hedge or inclosure wall may be permitted, provided;
1. That a solid fence or enclosure wall shall not exceed a height of six (6) feet.
3. That any fence, hedge or enclosure wall on a corner lot and situated within fifteen (15) feet of the intersection of two (2) street lines shall not exceed a height of three (3) feet above the curb.
d. No part of any accessory building shall be used for residential purposes, except that quarters for bona fide servants employed by the occupants of the dwelling on the same lot and one guest house without cooking facilities on lots containing not less than 10,000 square feet are permitted.
5. Front Yard:
a. Where 25% or more of the lots in the block are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block.
b. Building or setback lines established in a recorded subdivision shall establish the dimension of front yards in such subdivision, except when such setback lines may be less restrictive as provided in §3 of this Ordinance.(27)
c. On through lots a front yard is required on each street. (28)
6. Tapered Yard/Accessory Building Setbacks:
Where a reversed interior lot abuts a corner lot, or an alley separating such lots, an accessory building located on the rear lot line of a corner lot shall set back from the side street as far as the dwelling on the reversed interior lot. For each foot that such accessory building is placed from the rear line toward the front line of the corner lot, the accessory building may be set 4 inches closer to the side street line, but in no case closer than five (5) feet.(29)
7. Height:
In the Districts limiting height to 25 feet, a multi-family dwelling may be increased in height not to exceed 35 feet provided the required side yards are increased 2 feet for each foot such structure exceeds 25 feet in height.(30)
8. Signs:
For Conditional Uses in residential districts, except home occupations, a building-mounted or freestanding sign may be utilized to identify the activity occurring on the premises. Signs mounted on a building shall be flush with the building facade upon which it is placed, and not extending beyond the building silhouette. A freestanding sign shall not be taller than (3) feet above ground level if it is located closer than twelve (12) feet from the right-of-way line. Maximum height of free standing signs shall be six (6) feet above ground level. Illumination of all signs shall be an internal non-intermittent light source. All signs shall be nonanimated. Wall signs shall not be larger than fifteen (15) percent of the area of the buildings primary building facade: that is the facade to which the property address is assigned. Free-standing signs shall not be larger than 20 square feet in area. (Amended 7/18/90) (31)
9. Swimming Pools: Private swimming pools that require a building permit, or excavation permit shall be subject to the following regulations: (Amended 11-94)
a. The pool shall be enclosed by a wall or fence having a minimum height of four (4) ft. as measured from the exterior of the fence. Said fence shall have no opening greater than six (6) inches in any dimension. All gates in the fence shall be self-latching, and self-closing.
b. The pool's location shall comply with the required front yard setbacks, and be set back not less than five (5) ft. from side and rear property lines.
c. Swimming pools shall not be included in computation of maximum lot coverage.
d. Obtain necessary electrical and plumbing permits.
§14.1 PROFESSIONAL, RESIDENTIAL AND OFFICE DISTRICT.(32)
A. The (PRO) District is intended to provide a suitable environment for certain types of uses, primarily professional and office in character, that can be located adjacent to residential uses without undue harmful effects to such residential uses. The (PRO) District will be applied where a transition use buffer is appropriate between residential and incompatible uses.
B. PERMITTED USES. The following uses are permitted provided that such building occupies not more than 4,000 gross square feet of floor area.
1. Offices for lawyers, realtors, architects, engineers, tax consultants, and similar professional businesses; office for industrial and trade unions; office for credit unions; and offices for commercial and civil organizations, banks, offices of stock brokers and finance agencies.
2. Medical clinics and offices of physicians, dentists, optometrists, chiropractors, and similar or allied professions including veterinarian establishments where no facilities are maintained for hospitalization or boarding of animals.
3. Offices of non-profit organizations, social and fraternal associations, political and religious organizations.
4. Business offices of a public utility, transportation, advertising, insurance, executive and administrative offices of commercial and industrial establishments
5. Offices of local, state and federal government agencies.
6. Miscellaneous business services; such as consumer credit reporting services, and telephone answering services.
7. Studios for musicians, artists, photographers, and dancing instruction.
8. Educational instruction and commercial schools.
9. Single and two family residences are permitted in (PRO) district which conform to requirements of Section 14.
10. Signs pertaining to an activity occurring on the premises; provided, that signs shall be attached flush with the face of the building, visible only from the street upon which the building fronts and of a size which does not exceed 20 square feet in area nor extend above the height of the eaves nor beyond the width of the structure; that sign illumination shall be by a reflector method using a non-animated, non-intermittent light source which is not visible from beyond the premises.
11. Parking as an accessory use; Provided, that it is located within the rear, or side yard areas, or garage, unless otherwise permitted by the Planning Commission.(33)
12. An accessory building and use customarily incident to a use authorized by this section. A pharmacy or apothecary shop, store limited to corrective garments and appliances for the injured or handicapped, optical company, or restaurant may be permitted as accessory uses to an entire building; Provided, it is within the building to which it is accessory and does not have a direct outside entrance for customers.
C. REQUIREMENTS:(34)
1. Site Development Plan:
A site development plan has to be approved by the commission prior to the issuance of a building permit by the City Manager for such improvement. To be entitled to such approval, the site development plan must show that:
a. Ingress and egress is provided to a public street and that such a relationship exists between the public street and any proposed service roads, driveways, and parking areas as will promote pedestrian and vehicular traffic safety.
b. All features of the development plan, including principal buildings, accessory buildings, open spaces, service roads, driveways, parking areas and storm drainage are so located and related as to minimize the possibility of adverse effects upon adjacent properties and to protect the public interest.
c. Landscape Plan shall be prepared including, evergreen, vegetation or other suitable screening along property lines abutting residential district.
d. Development of the proposed site shall conform to the site development plan as approved by the City Planning Commission.
2. No building shall exceed two (2) stories in height.
3. Whenever the side yard is used for parking, a masonry wall four (4) feet high or other suitable screening shall be placed along the boundary line of the side abutting a residential zone. Vegetation used for screening shall be evergreen and no less than four (4) feet in height at the time of planting.
4. When any boundary line abuts the rear line of a more restrictive use, a four (4) foot barrier shall be provided along such line. However, if any boundary line abuts the side line of a more restrictive use, a three (3) foot barrier shall be provided along such line. Such barrier to be of masonry construction, wood, vegetation or other suitable material so that the characteristic of the residential area would be maintained as much as possible.
5. The front yard area and any side yard as well as back yard not used for parking or driveway space shall be planted and maintained in accord with an appropriate landscape design.
6. Screening used in accordance with this ordinance shall be properly maintained.
7. Professional and Business Offices located within this district shall not have public office hours between the hours of 11 o'clock p.m. and 6 o'clock a.m.
§14.2 OFFICE AND INSTITUTION DISTRICT. (35)
A. INTENT:
The (O-I) District is intended to accommodate office, institutional and certain types of residential uses in areas the character of which is neither general commercial nor exclusively residential in nature, but location of which, because of traffic volume and the surrounding environment is more suitable to a light intensity commercial use. This zoning district is more intense than the (PRO) zoning district.
Site plan approval by the Planning Commission is mandatory prior to the issuance of a building permit. Site plan review by the Planning Commission shall include the following:
(a) modification to the on-site traffic circulation patterns and parking patterns to discourage such uses from drawing vehicular traffic to and through local streets in surrounding residential areas; (b) modification to the site plan to provide adequate reservoir space at the vehicular entrance and/or exit and sufficient vehicular entrances and exits to prevent traffic congestion; (c) modification, addition, elimination or relocation of screening material to assure an orderly transition to adjoining land uses; and, in addition, the Planning Commission shall have the authority to recommend the rearrangement of building locations to allow for greater compatibility to the existing development pattern of the surrounding area.
Certain related structures and uses required to serve the needs of such areas are permitted outright or are permissible as a Conditional Use subject to restrictions and requirements intended to best fulfill the intent of this Ordinance.
B. PERMITTED PRINCIPAL USES AND STRUCTURES:
1. Single family detached dwellings and two family detached dwellings located on individual lots or in group housing developments.
2. Multi-family structures.
3. Condominiums, townhouses or cluster housing developments.
4. Churches and other places of worship, including educational and community buildings related thereto.
5. Home occupations.
6. Elementary, middle and high schools located on a site with a minimum of three (3) acres.
7. Office buildings not exceeding a gross floor area of 24,000 square feet.
8. Veterinary establishments provided that all animals are kept within suitably designed, soundproofed, air conditioned and heated buildings.
9. Pharmacies which have a minimum of 40% of their gross floor area utilized in connection with fulfilling prescriptions.
10. Medical and dental laboratories not exceeding 10,000 square feet of gross floor space.
11. Studios for musicians, artists, photographers and dancing instruction.
12. Interior design studios.
13. Establishments for the fitting and sale of prosthetic devices.
14. Consumer credit reporting services and telephone answering services.
15. Hospital, medical and health related clinics.
16. Nursing homes, rest homes, convalescent homes, homes for the aged.
17. Funeral homes.
18. Business and vocational schools not involving operations of an industrial or retail nature on a site with a minimum of three (3) acres.
19. Colleges and universities on a site with a minimum of three (3) acres.
20. Hard surfaced parking lots and commercial parking lots.
21. Parks, playgrounds and playfields.
22. Community service structures and uses such as community service centers, libraries, fire stations, civic, cultural or recreational uses.
23. "Shelters" for victims of rape, battered people or similar non-correctional facilities in a structure not exceeding 6,000 square feet of heated gross floor space and not to exceed a ratio of one (1) occupant per 160 square feet of heated floor space.
24. Financial institutions without drive-in facilities. (Amended 7/15/86)
25. Financial institutions with drive-in facilities provided there shall be on-site vehicle stacking area as required by this Ordinance. (Amended 7/19/94)
C. PERMITTED ACCESSORY USES AND STRUCTURES:
1. Noncommercial greenhouses and plant nurseries, garages, garden sheds, tool houses, private fenced in swimming pools and the like.
2. Laundry facilities, party rooms, game rooms, exercise rooms, and storage facilities designed for use by the residents or occupants of the structure and/or management.
3. Other structures and uses which:
a. Are customarily accessory and clearly incidental and subordinate to Permitted Principal Uses and Structures;
b. Are located on the same lot as the Permitted Principal Use of the structure;
c. Are in keeping with the character of the district;
d. Are not likely to attract visitors in larger numbers than would be expected from other Permitted Principal Uses of the (0-I) zoning classification;
e. Are not of a nature prohibited under the Prohibited Uses and Structures of this zoning classification;
f. The construction of the accessory structure does not precede the construction of the principal structure.
D. CONDITIONAL USES:
After public notice and hearing, and subject to appropriate conditions and safeguards, the Board of Zoning Appeals may permit as a Conditional Use, the following provided that the Board of Zoning Appeals makes a finding that the proposed use listed below is compatible with the surrounding area.
1. As accessory uses to Permitted Principal Uses and Structures, barber shops, beauty shops, restaurants, drug stores, newsstands, and similar uses not enumerated as Permitted Principal Uses, designed primarily to serve the convenience of persons living or working in the building in which such accessory uses are located. No accessory use shall be permitted unless the Board finds that:
a. It is reasonably necessary to serve the needs of the persons involved;
b. It is accessory and clearly incidental to the Permitted Principal Use;
c. It will not adversely affect neighboring uses or the district as a whole
2. Day nurseries and kindergartens
3. Utility substations
4. Cemeteries
5. Rooming and boarding houses
6. Fraternities, sororities and denominational student centers
7. Office buildings with a gross floor area greater than 24,000 square feet and less than 40,000 square feet
8. Buildings with a height in excess of forty (40) feet but less than sixty-seven (67) feet
9. Medical and dental laboratories with a gross floor area greater than 10,000 square feet and less than 14,000 square feet
10. Correctional institutions and rehabilitation houses such as half-way houses, juvenile detention centers and facilities for the treatment of mental disorders
11. Hotels, motels, and conference or convention centers
E. PROHIBITED USES AND STRUCTURES:
Any use or structure which is not expressly identified in the Permitted Principal Uses and Structures, in the Permitted Accessory Uses and Structures, or in the Conditional Uses, after approval by the Board of Zoning Appeals as stipulated in this zoning district. (Section 19)
F. MINIMUM LOT SIZE:
1. Single family and two family residential uses - 4,000 square feet per dwelling unit
2. Multi-family residential uses - 3,000 square feet per dwelling unit
3. Non-residential uses where not otherwise specified under Permitted Uses - 5,000 square feet
4. Other uses and structures as Conditional Uses in an (0-I) zoning district - 6,000 square feet
G. MINIMUM LOT WIDTH:
Fifty (50) feet
H. MINIMUM YARD REQUIREMENTS
1. Front:
a. Buildings forty (40) feet or less in height - Fifteen (15) feet
b. Buildings greater than forty (40) feet in height -Fifteen (15) feet plus one (1) additional foot for each four (4) feet of building height in excess of forty (40) feet
c. If the building is forty (40) feet or less in height and twenty-five percent (25%) of the lots located on the same block and fronting onto the same street as the questioned site have been developed, the average setback of such buildings determines the dimension of the front yard on that side of the block; however, in no case shall the required front yard be greater than fifteen (15) feet.
d. If the building is greater than (40) feet in height and twenty-five (25%) of the lots located on the same block and fronting onto the same street as the questioned site have been developed with a front yard of less than fifteen (15) feet, the front yard shall be fifteen (15) feet
2. Rear:
a. For principal buildings forty (40) feet or less in height - Eight (8) feet
b. Buildings greater than forty (40) feet in height -Eight (8) feet plus one (1) foot for each five (5) feet of building height in excess of forty (40) feet
c. For Permitted Accessory structures - Five (5) feet
3. Side yards of interior, isolated, through and corner lots:
a. Buildings forty (40) feet or less in height - Five (5) feet
b. Buildings greater than forty (40) feet in height -Five (5) feet plus one (1) additional foot for each five (5) feet of building height in excess of forty (40) feet
I. MINIMUM SPACING BETWEEN BUILDINGS LOCATED ON THE SAME LOT:
1. Front to front - Twenty-five (25) feet
2. Front to rear - Forty (40) feet
3. Front to side - Thirty (30) feet
4. Rear to side - Twenty (20) feet
5. Rear to rear - Twenty (20) feet
6. Side to side for buildings forty (40) feet or less in height - Ten (10) feet
7. Side to side for buildings greater than forty (40) feet in height - Ten (10) feet plus one (1) additional foot for each five (5) feet of building height in excess of forty (40) feet
J. MAXIMUM LOT COVERAGE:
1. Permitted Uses and Structures and their accessory buildings shall not exceed a total of sixty percent (60%) lot coverage
2. Buildings greater than forty (40) feet in height and their accessory buildings shall not exceed a total of forty-five percent (45%) lot coverage
3. Other buildings and their accessory buildings which are allowed by Conditional Use in an 0-1 zoning district shall not exceed a total of fifty percent (50%) lot coverage
K. MAXIMUM HEIGHT OF STRUCTURES:
1. No building without the issuance of a Conditional Use shall exceed the height of forty (40) feet
2. No building with the issuance of a Conditional Use shall exceed the height of sixty-seven (67) feet
L. MINIMUM OFF-STREET PARKING SPACES:
Parking shall be provided as required by this Ordinance for the various types of occupancy proposed. (Amended 7/19/94)
M. STREET ACCESS FOR GROUP DEVELOPMENTS:
Any principal building established in connection with a group development which does not face directly on a public street shall be provided with access to a public street by a hard surfaced paved driveway having a pavement width of not less than twenty (20) feet, exclusive of parking spaces.
N. SIGN RESTRICTIONS:
1. Signs shall be mounted flat against the wall on only principal buildings. No other signs, except for directional signs or information signs, shall be placed on the site.
2. No sign shall exceed a display area in excess of 200 square feet
3. No more than one (1) sign shall be attached to any principal building
4. Signs, other than directional signs or information signs, shall only identify the name of the firm, building or business conducted in the building
5. Signs may be illuminated but must not use any type of pulsating light or moving light
6. No sign shall be illuminated in such a way that it casts illumination onto any residential premises located in any residential district in a manner which by intensity, duration, location or other characteristic is incompatible with the residential character of the district into which such illumination is cast
14.3 MIXED USE RESIDENCE/SERVICES DISTRICT(36)
A. INTENT
This District is intended to provide a suitable living environment for WVU students, with adequate parking, and green space for people to gather, study, or relax. Business uses that serve neighborhood residents and visitors to the WVU campus are to be permitted as Conditional Uses when incorporating apartments on the same site.
B. PERMITTED PRINCIPAL USES:
-dwelling, single family residence structure
-dwelling, two-family residence structure
-dwelling, multiple family residence structure
-accessory buildings and uses as provided in Section 14-B-4.
C. PERMITTED CONTINGENT USES:
A Contingent Use is one which is likely or liable, but not certain, to occur, and which is not inappropriate to the principal use of the District in which it may be located, as regulated in Section 18. Signs for Contingent Uses must conform to Section 14-(B)-(8).
The following Contingent Uses may occur in the (M-U) District:
-boarding or lodging house
-church or temple
-civic or charitable organization
-college or university
-fraternity, sorority/dormitory
-student cooperative
-professional office in a residence of a practicing professional
-plant nursery
-school (public or parochial)
D. CONDITIONAL USES:
The following uses and their accessory buildings and uses may be permitted by the Board of Zoning Appeals in accordance with the procedures set forth in Section 19.
-retail store, office supplies, convenience store, pharmacy, sporting goods
-offices: medical, general
-restaurant, cafeteria, deli, restaurant-private club, bakery
-medical clinic
-day care center
-personal services: photo shop, video rental, hair salon, laundry/dry cleaners, health/athletic center
-public parking
-hotel/conference facilities
-signs, per section 14-B-8
-airport/heliport
-artificial lake/private swimming pool
-government building
-home occupation
-kindergarten/private school
-public library or philanthropic institution
-public utilities: transmission lines, substations and
equipment storage
-radio or TV transmitting tower
-trade or business school
E. DEVELOPMENT REVIEW:
A site plan must be approved by the Planning Commission prior to the issuance of a building permit by the City Manager for such development. The site development plan will make every attempt to mitigate the effects of high-density residential and business use on those who must live and work in the (M-U) District.
Site Layout: This is very important in creating the character of a project. Many different factors contribute to the formulation of a site plan. The physical, social, and psychological needs of the users of the site should be considered within the design. Each individual site will have different elements which may affect the design. How the proposed design impacts the surrounding property owners should be a major priority. Primary factors include setbacks, security, signs, walls, refuse collection areas, noise impacts, external lights, building entry, pedestrian circulation, privacy, fire access, open space, outside storage, topography, utility locations, landscaping, loading and service bays, emergency access, traffic impact, parking and driveway locations.
Building Elevations: The exterior appearance should be harmonious with the existing character or theme of the area, enhance the surrounding vicinity, be compatible with adjacent uses, and maintain a high quality and standard of development. Primary factors include exterior materials, relief, height, mechanical equipment screening, and compatibility with nearby land uses.
Landscaping: When different types of uses are adjacent to each other, landscaping is a method of minimizing the impact, maintaining a gradual transition and securing a consistent relationship among uses. Plant materials absorb sound, act as a filter to the air, curtail erosion, provide shade, and maintain privacy. A landscape plan shall be submitted with the overall site plan, and at a minimum shall depict the areas to be landscaped, the plant types, and any non-living materials to be utilized. Secondary factors include buffering, drainage, and maintenance.
Parking: The major concern when designing a parking lot is not necessarily fitting all the required parking on-site. Other important considerations include providing ample stall and aisle widths, having a useful pedestrian circulation system, providing adequate turning radii, having an efficient traffic movement pattern, maintaining a pleasant appearance, designing convenient parking locations, and integrating the parking with the character of the development. Primary factors include maneuvering areas, driveway locations, screening along R.O.W.'s , proximity to buildings, amount of parking, lighting, headlight intrusion, arrangement, and security.
Off-Street Loading Zone: While larger businesses uses are required to provide such facilities (see Section 5-31 and Table 5), in the (M-U) District even smaller developments need to provide places for visitor drop-off, mail deliveries, etc. to avoid congestion in the streets.
F. DEVELOPMENT STANDARDS
1. Residential Uses, See Table 2
2. Conditional Uses, See Tables 2, 9, 10
3. Mixed (Conditional) Uses, See Table 2
4. Parking, See Section 12-E, Table 4 and Table 9
5. Unloading Berths, See Table 5
6. Special Provisions and Exceptions:
b. A multi-family dwelling, or mixed use building, may be increased in maximum height provided that front, rear, or side yard setbacks are increased two (2) ft. for each one (1) ft. that the structure exceeds 80 ft. in height, up to a maximum height of 90 ft.
14.4 MANUFACTURED HOUSING (MH) (Section adopted 8/17/98)
Modular Homes, as defined in Section 5, and which are certified as meeting West Virginia State Building Code standards, are allowed in all zoning districts on the same basis as site-built housing, as shown in Section 14.4 and Table 2 of this ordinance. Such units are to be classified as Type I Manufactured Homes, and include the following products:
- pre-cut or shell homes
- components
- panelized homes
- mechanical or utility cores
- modular or sectional homes
- log homes
- geodesic dome homes
- multi-family homes
- commercial structures
C. TYPE II MANUFACTURED HOUSING
Manufactured home, as defined in Section 5, and for the purposes of these regulations, is hereby subdivided into three classes as follows. All such units are hereby classified as Type II units, and shall remain as such whether or not the tow bars, axles, and wheels or other accessories that aid in moving the unit are removed and regardless of the type of foundation provided.
1. Class A: New manufactured housing certified as meeting the HUD construction and safety standards.
2. Class B: Used manufactured housing certified as meeting the HUD construction and safety standards, or acceptable prior code and found upon inspection by the Building Official to be in excellent condition and safe and fit for residential occupancy.
3. Class C: Used manufactured housing, whether or not certified as meeting the HUD construction and safety standards, or prior code, and which, upon inspection by the Building Official, is found to be in fair or poor condition and not safe or fit for residential occupancy.
4. Class D: Used manufactured housing, whether or not certified as meeting the HUD construction and safety standards, or prior code, and which upon inspection by the Building Official, is found to be in fair or poor condition and not safe or fit for residential occupancy, and shall not be located in the City.
D. PLACEMENT OF TYPE II MANUFACTURED HOMES
1. Type II, Class A manufactured homes shall be considered for individual placement on lots of record in all zoning districts, subject to usual zoning district limitations required of site-built homes, plus demonstrating compliance with the standards of acceptable similarity in design and appearance as described in 'E' below.
E. TYPE II, CLASS A DESIGN AND APPEARANCE STANDARDS
1. Roof pitch: A minimum of 4:12.
2. Roofing: Any material/ type that is commonly used on site-built housing in the neighborhood when applied in a manner as to be similar in appearance.
7. Utility Connections: The utility connections shall meet State Building and related codes.
§15. BUSINESS USES AND REQUIREMENTS.
The business uses defined below are permitted in the Districts indicated in Table 3, when complying with the requirements specified in Tables 3, 4, and 5. A summary of the requirements of Table 3 as they apply to business uses will be found in Table 6. (Amended 6/29/84)
A. A (B-1) Neighborhood Business Use:
is one which is primarily of a retail nature and is classified in the following categories:
1. Automobile Service:
a. Filling Station
b. Public Parking Area
2. Business Service: including but not limited to the following:
a. Bank
b. Business and Professional Office
c. Postal Station
d. Telegraph Office
3. Clothing Service: including but not limited to the following:
a. Laundry Agency
b. Self-Service Laundry
d. Dressmaking
e. Millinery
f. Tailor and Pressing Shop
g. Shoe Repair Shop
4. Equipment Service: including but not limited to the following:
a. Radio and Television Shop
b. Electric Appliance Shop
c. Record Shop
5. Food Service: including but not limited to the following:
a. Grocery
b. Meat Market
c. Supermarket
d. Restaurant
e. Delicatessen
f. Cold Storage Lockers, for individual use
g. Bakery
6. Personal Service: including but not limited to the following:
a. Barber Shop
b. Beauty Shop
c. Reducing Salon
e. Tanning Salon
a. Drug Store
b. Hardware
c. Stationary
d. Newsdealer
e. Show Room, for articles to be sold at retail
f. Apparel Shop
g. Flower Shop
h. Variety Store
10. Sign
B. A (B-2) Accommodation Business Use:
is one which is primarily of a retail nature and limited to the following categories, specifically stated or implied: (Amended 6/29/84)
2. Restaurant - Delicatessen
3. Drug Store
4. Gift Shop
5. Barber Shop
6. Beauty Parlor
7. Clinic
8. Filling Station
9. Public Parking Area
10. Automobile Rental - Taxi Stand
11. Sign
12. Supermarket
13. Bowling Alley
C. A (B-3) Service Business Use:
is one which normally requires drive-in facilities related to a street or highway, and is primarily of a retail or service nature specifically stated or implied in the following categories:
1. Neighborhood Business Uses
2. Public Garage or Parking Structure
3. Automobile, Truck and Trailer Rental and Sales
4. Indoor Theater
5. Bowling Alley
6. Retail Beer Outlet
7. Department Stores
8. Automobile Repair, entirely within enclosed buildings
9. Billiard Room
11. Hotel
12. Commercial Greenhouse not exceeding 1,000 square feet in area
13. Veterinary Hospital for Small Animals
15. Private Club
16. Accessory buildings or use customarily incidental to the above uses. Any building used primarily for any of the above purposes may not have more than 40 percent of its cubic capacity and not exceeding 40 percent of its ground floor area devoted to storage purposes incidental to such primary use, and provided that no more than five (5) persons are employed at one time or on any one shift in connections with such incidental use.
D. A (B-4) General Business Use:
is one which includes retail, service, wholesale, and storage uses, specifically stated or implied, as follows:
1. Service Business Uses except that Open Use is not permitted.
2. Storage Warehouse
3. Wholesale Establishment
4. Motor Bus or Railroad Passenger Station
5. Any Business Use not specifically stated or implied elsewhere in this Ordinance and complying with the above definition.
E. Provisions and Exceptions to Business Uses:(37)
1. Parking space requirements shall not apply in the pedestrian shopping area of the (B-4) District as shown on the map in Section 15-F.
2. One-half of an alley abutting the rear of a lot may be included in the rear yard, but such alley space shall not be included for loading and unloading berths.
3. Where 25 percent or more of the lots in a block are occupied by buildings the setback of such buildings shall determine the dimension of the front yard in the block.
4. Parking space and Accessory Uses are permitted in the required front yard in B-2 and B-5 Districts.
5. The maximum height requirement in Table 3 may be increased if buildings are set back from front and rear property lines one foot for each two feet of additional height above the maximum height requirement.
6. Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers, or essential mechanical appurtenances, may be erected to any height not prohibited by other laws or Ordinances.
7. All Business Uses requiring Buildings may be conducted only within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building.
8. Plans for the erection or structural alteration of a Filling Station shall be approved by the Commission prior to the issuance of a Building Permit by the City Manager for such improvement. The Commission may require such changes in the plans with respect to yards, location of driveways, pumps, buildings and structures as it may deem best suited to insure safety, minimize traffic hazards and safeguard adjacent properties. In no case shall any service pump or island with pumps be located less than fifteen (15) feet from the street property line.
F. Signs in the B-4 Business District
1. Intent and Purpose
Signs on private property are part of the visual environment (38)along our streets. The primary purpose of on-premise signs is to index the streetside properties, to tell people where they can find what. Along a street that has high traffic volumes, congestion, and complex turning movements the signs on adjacent properties are appropriately different than along streets where pedestrian traffic is the primary mode of accessing adjacent properties. Where signs on properties are able to be read at close range by slow-moving pedestrian traffic, the size, location, and content of signs can be much different than along a busy vehicular-travel street.
Thus, the City deems it necessary to implement sign regulations for the (B-4) Business District, for the reasons listed below, according to whether access to portions of the (B-4) District is primarily vehicular or pedestrian oriented.
(1) to preserve the distinctive historic character and quality of life of the downtown Morgantown Business District;
(2) to allow downtown businesses to convey their messages and be able to compete effectively without the interference of a chaotic over-abundance of signs, and without having to install ever larger and more garish signs;
(3) to protect downtown property values and promote economic development by enhancing the attractiveness and harmoniousness of the area; and
(4) to avoid traffic and other accidents due to excessive advertising distractions.
2. Boundary of Vehicular and Pedestrian Access Areas
The attached plat of the (B-4) District shows the properties to be considered part of the pedestrian shopping area, or the vehicular shopping area. In general, the latter lies along University Avenue, below Fayette Street, and beyond Decker's Creek.
3. Signs in Pedestrian Shopping Areas(39)
Signs within the pedestrian shopping area shall be regulated as follows (in addition to the general provisions of paragraph five (5) below):
a. Each building may have a maximum amount of signage equal to fifteen (15) percent of the area of the primary facade of the building, not to exceed 72 sq. ft. of signage for the whole building.
b. Signs larger than twelve (12) sq. ft. and free-standing signs shall require Conditional Use approval, subject to conditions set by the Planning Commission and Board of Zoning Appeals.
c. Flat-mounted signs on buildings built up to the street lot line may project up to six (6) inches over the right-of-way if the bottom edge of the sign is nine (9) feet or more above the ground level. Wall-mounted projecting signs may extend over the right-of-way not more than one-half the distance between the curb-line and the right-of- way line.
4. Signs Not In Pedestrian Shopping Areas(40)
a. Each building may have a maximum amount of signage equal to (15) percent of the area of the primary facade of the building, not to exceed 100 sq. ft. (Signs over 100 sq. ft. are a Conditional Use in all districts.)
b. Free-standing signs shall require Conditional Use approval, subject to conditions set by the Planning Commission and Board of Zoning Appeals.
5. General Provisions for Signs in the (B-4) District
a. All signs shall pertain to an activity occurring on the site whereon the sign is located.
b. Flat mounted signs and roof-mounted signs shall be within the buildings silhouette. Wall-mounted projecting signs shall not extend higher than the building roofline.
d. Signs are subject to clear vision triangle requirements for traffic safety(41)
e. Signs existing at the time of adoption of these regulations and which do not conform to them, may be continued in use and shall be given normal maintenance, however, at the time the name of an activity changes, any non-conforming signage relating to such activity shall be brought into conformity with the requirements of this ordinance or removed altogether.
f. Signs pertaining to a business that has ceased business at that location shall be removed within one-hundred twenty (120) days. The property owner shall be ultimately responsible for removing such signs.
g. Signs exempted include: signs inside a window, holiday decorations (in season), governmental flags, signs not visible from any point off premises from the site on which the sign is located, and real estate signs not larger than ten (10) sq. ft.
h. Installation of signs shall comply with the Building Code requirements. Where conflict may exist between the ordinance and the City Building Code, the Zoning Ordinance shall prevail.
i. The purpose of this sub-section is to provide a grace period for business owners who made preparations for the erection of new signs prior to the adoption of this ordinance amendment. In that regard, such business owners have thirty (30) days from the date of adoption of this ordinance amendment to provide the City Manager with proof that said business has ordered a new sign and six (6) months thereafter to install said sign.
j. Any sign or sign structure that is damaged or has deteriorated to an extent that the cost of repair exceeds fifty (50) percent of the current replacement value shall be either rebuilt or replaced in conformance with the requirements of this ordinance, or removed altogether.
k. Banner signs, consisting of paper, plastic, fabric, or the like with no rigid structural support shall be classified as temporary signs and subject to the following conditions:-shall not exceed thirty-two (32) sq. ft. in area
-shall be securely attached to the building facade
-shall be limited to use for special events of an on-site business, or community interest
-shall not be displayed earlier than ten (10) days prior to the stated event, nor more than seven (7) days after the event, and shall be removed within thirty (30) days after its initial display date. No permit is required for such signs, but the sign installer shall register its location with the Building Inspections Office, in writing, noting the date such sign shall be removed.
§16. (B-5) SHOPPING CENTER DISTRICT REQUIREMENTS AND PROCEDURES.
The (B-3) Service Business Uses numbers 1 to 7 inclusive in §15.C are permitted in the (B-5) Shopping Center District subject to compliance with the following requirements and procedure:
A. The tract of land involved shall be of an area of not less than six acres and lie wholly or partly within 1,400 feet of a point represented by a (B-5) District symbol, or shall lie within the (B-5b) District, both as shown in the Zone Map.
B. The owner or owners of such tract of land shall have:
1. Prepared a development plan for such entire tract, and
2. Obtained Commission approval of the development plan according to the requirements in §19.
§17. INDUSTRIAL USES AND REQUIREMENTS.(42)
The Industrial Uses defined below, including accessory buildings and uses, are permitted in the Districts indicated in Table 7 in accordance with the requirements of this Section.
A. A Light Industrial Use is one which ordinarily uses only light machinery; is conducted entirely within enclosed substantially-constructed buildings; does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose and conforms to the following performance standards:
1. Smoke:
No smoke is emitted of a density greater than No. 1 according to the Ringlemann's Scale, except that smoke of a density not in excess of No. 2 of Ringlemann's Scale shall be permitted for a period not in excess of six minutes in any hour.
2. Fly Ash:
No particles from any flue or smokestack shall be permitted to escape beyond the confines of the building in which it is produced.
3. Dust:
No dust of any kind produced by the industrial operations shall be permitted to escape beyond the confines of the building in which it is produced.
4. Odor:
No noxious odor of any kind shall be permitted to extend beyond the lot line.
5. Gases and Fumes:
No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.
6. Glare:
No glare shall be seen from any street or any residential area.
7. Vibration:
No intense earth shaking vibration shall be created or maintained by any industry beyond the property on which it is located.
8. Noise and Sound:
A maximum of 70 decibels at the property line is permitted. Noise is required to be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness. Sound may equal but may not exceed street traffic noise in the vicinity during a normal day shift work period.
B. An Industrial Use:
is one which requires both buildings and open area for manufacturing, fabricating, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes except certain conditional uses listed in Table 11 hereinafter, and provided the use conforms to the following performance standards:
1. Smoke:
No smoke is emitted of a density greater than No. 2 according to the Ringlemann's Scale,
except that smoke of a greater density shall be permitted for a period not in excess of six minutes in any one hour.
2. Fly Ash:
No particles from any flue or smokestack shall exceed 0.3 grains per cubic foot of flue gas at a stack temperature of 500 degrees Fahrenheit.
3. Dust:
No dust of any kind produced by the industrial operations shall be permitted to escape beyond the limits of the property being used.
4. Odor:
No noxious odor of any kind shall be permitted to extend beyond the lot lines.
5. Gases and Fumes:
No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.
6. Glare:
No glare shall be seen from any street or any residential area.
7. Vibration:
No intense earth shaking vibration shall be created or maintained by any industry beyond the property on which it is located.
8. Noise and Sound:
A maximum of 70 decibels at the property line is permitted. Noise is required to be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness. Sound may equal but not exceed street traffic noise in the vicinity during a normal day shift work period.
C. Provisions and exceptions to Industrial Uses.
1. Parking space requirements may be waived by the Board where 50 percent or more of the area in a block was occupied by business or industrial structures at the time of passage of this Ordinance. (Amended 7/19/94)
2. One-half of an alley abutting the rear of a lot may be included in the rear yard, but such alley space shall not be included for loading and unloading berths. (Amended 7/19/94)
3. The minimum height requirement in Table 7 may be increased if the buildings are set back from front and rear property lines one foot for each two feet of additional height above the maximum height requirements. (Amended 7/19/94)
4. Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, tanks, water towers, transmission towers, or essential mechanical appurtenances may be erected to any height not prohibited by other laws or Ordinances. (Amended 7/19/94)
§18. CONTINGENT USES AND REQUIREMENTS.
Contingent Uses defined below, including accessory buildings and uses, are permitted in the Districts indicated in Table 9.
A. A Contingent Use is one which is likely or liable, but not certain, to occur, and which is not inappropriate to the principal use of the District in which it may be located. When so located it shall conform to the requirements of the District in which the contingent use is permitted, except that the number of parking spaces to be provided shall conform to the requirements of Section 12. (Amended 7/19/94)
B. The maximum building height for Contingent Uses shall be as provided in Table 10.
C. Provisions and Exceptions to Contingent Uses: (Amended 8/18/87)
1. The maximum height requirement established in table 10 of this ordinance will not be increased under any circumstances.
2. In all Districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
3. A church or temple requiring parking area at times when nearby uses do not need their parking facilities may, by agreement approved by the Board, utilize such facilities in lieu of providing their own parking facilities.
4. Signs for Contingent Uses in Residential Zoning districts shall be allowed by Conditional Use approval, subject to the requirements in Section 14 (B) (8). (Amended 7/18/90)
§19. CONDITIONAL USES AND PROCEDURE.
A. USES PERMITTED:
The Conditional Uses listed in Table 11, and their accessory buildings and uses, may be permitted by the Board in the Districts indicated in accordance with the procedures set forth in this section.
B. PROCEDURE:
Upon the receipt of an application for a Conditional Use by the Board, it shall be referred to the Commission for investigation as to the manner in which the proposed location and character of the Conditional Use will affect the Comprehensive Plan. The Commission shall report the results of its study of the proposal to the Board, and, if the report be favorable, the Board, after public notice and hearing may grant the permit, including the imposition of such conditions of use as the Board deems essential to insure that the Conditional Use is consistent with the spirit, purpose and intent of this Ordinance. If the Board approves the application based upon specified conditions that the Board deems desirable the applicant shall cause a duly certified copy of those specified conditions to be recorded in the appropriate deed book in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, as "restrictive covenants" running with the property which can only be amended or removed by consent of the City of Morgantown. The purpose being that future owners of the property are made aware of any continuing responsibility under said Conditional Use approval. A sealed copy of the recorded document will also be filed with the City Planning Office, and with the Building Inspection Office if building permits are required to carry out the Conditional Use as proposed. (Amended 4/7/92)
C. SIGNS
Additionally upon action by the Board on any sign allowed by a Conditional Use it must be found that (A) the proposed sign is within the fitting character of the surrounding area; (B) the proposed sign permits adequate natural light, adequate ventilation and adequate wind flow to adjoining properties; (C) the proposed sign creates no traffic hazard by obstructing sight zones or by intensely attracting the driver's attention away from the roadway or travelway; (D) the proposed sign is aesthetically suitable to the surrounding area; and (E) the proposed sign does not cause an undue concentration of signs. (Amended 9/21/82)(43)
D. PROJECT INITIATION
In the case where a Conditional Use has not been initiated within twelve (12) months after the granting thereof, then without further action it shall be null and void. This may be extended to eighteen (18) months upon prior written request to the Board. The word "initiated" shall mean that the approved Conditional Use has been activated as evidenced by required licenses, building permits, or construction. (Amended 4-7-92)
E. REQUIREMENTS AND STANDARDS:
1. Industrial Parks:
(As Defined in Section 5), which may include all permitted Light Industrial Uses:
a. The tract of land involved shall be of an area of not less than twelve (12) acres.
b. The owner or owners of such tract of land shall have:
1. Prepared a development plan for such entire tract;
c. There shall be one principal entrance to the Industrial Park from any major thoroughfare (frontal highway) bordering the tract, which shall be designed so that traffic at its intersection with the frontal highway may be controlled and so that there will be adequate storage space for traffic destined to enter the frontal highway or to leave the Industrial Park.
d. There shall be no direct entrances or exits from parking areas or structures into the frontal highway (or highways), but a service drive parallel to the main traffic-way may be provided for such access. Traffic on the service drive shall enter the main traffic-way via the principal entry.
e. Wherever the Industrial Park and adjacent residential Districts have a common or joint boundary, an area with a width of at least twenty-five (25) feet shall be provided for the full length of such boundary for a planting screen within the park, planted with shrubs and trees so as to provide a tight screen effective at all seasons of the year.
h. The development plan shall indicate the arrangement of the interior roads to provide a unified, self-contained arrangement of industrial sites. The basic concept of the interior road plan shall be subject to the approval of the Commission and any modification or alterations in the basic plan shall likewise be subject to such approval.
i. The development plan shall show building lines established so that no building or structure shall be erected on any tract within the Park nearer to the center line of any interior road than eighty-five (85) feet nor nearer than one hundred (100) feet to the property line of any bordering highway, and no building shall be erected closer to the side line of a tract than thirty-five (35) feet and not closer to an adjoining residential District than seventy-five (75) feet.
j. No loading docks may be erected or used fronting on a bordering highway. Provisions for loading and unloading operations and any handling of freight or materials outside of buildings shall be located so as not to face on bordering highways.
k. No part of a parking area for passenger vehicles shall be closer than twenty-five (25) feet and no part of a loading and unloading area or parking area for trucks shall be closer than one hundred (100) feet to an adjoining residential District. All parking, loading and unloading areas shall be paved with a suitable dust preventive surface.
l. The areas in front and on the sides of buildings shall be developed in accordance with a well-designed landscape plan, and such areas shall be perpetually maintained to the satisfaction of the Park organization.
2. Shopping Centers as defined in § 5:
In determining its approval or disapproval of a proposed Development Plan, the Commission shall be governed by the following:
a. The area to be occupied by buildings shall be twenty-five (25) percent or less of the net area of the tract.
b. The location of the shopping center shall be on property which has an acceptable relationship to major thoroughfares. The Commission shall satisfy itself as to the adequacy of the thoroughfares to carry the additional traffic engendered by the development.
c. The plan for the proposed shopping center must present a unified and organized arrangement of buildings and service facilities which shall have a functional relationship to the properties comprising the planned development, and to the uses of properties immediately adjacent to the proposed development.
d. The location, size and use of all buildings and structures; the nature and intensity of the operations involved in or conducted in connection with the center; its site layout, including the location, size, arrangement, and capacity of all areas to be used for vehicular access, parking, loading and unloading; and its relation to streets giving access to it; all of these shall be such that vehicular traffic to and from the center will not create undue hazards to the normal traffic of the vicinity.
e. The location, size and arrangement of areas to be devoted to planting lawns, trees, or other purposes so that the center will be harmonious with the neighborhood in which it is situated.
3. Junk Yards as defined in § 5:
In granting a Building Permit for the conditional use and operation of a junk yard the Commission and Board shall be guided by the following:
a. The area to be occupied by the junk yard shall be located at least three hundred (300) feet distant from any residential District.
b. Every junk yard operation either shall be conducted wholly within a substantially constructed building or within an area which shall be surrounded completely on all sides by a continuous solid fence, except for entrances and exits (approved as to location by the Commission) constructed of brick or wood and kept in repair so that said fence shall hide from view any part of said junk yard or its contents. Such fence shall be at least eight (8) feet in height and shall be constructed at street corner intersections so as to permit adequate vision clearance on the street. Such fence when constructed of wood shall be completely painted.
c. No junk shall be loaded, unloaded or placed outside the enclosure fence, temporarily or permanently, either on the property or in the public right-of-way.
e. The operator, owner or their employees of every junk yard may burn junk only after first obtaining a permit therefor in writing from the City Manager and only within an incinerator approved by the City Manager, except that the City Manager may permit the burning of certain types of junk outside an incinerator when such property is too large to be accommodated therein. Standards established in § 17 for Industrial Uses for smoke density, fly ash, dust, odor, fumes, glare, vibration, noise and sound, and parking, loading and unloading facilities shall apply to junk yards.
f. All premises used as a junk yard shall be maintained in a clean, sanitary and neat condition so that rats, vermin and fire hazards shall be reduced to a minimum and the accumulation of anything not defined as junk in § 5, including waste foodstuffs and similar materials, shall not be permitted.
4. Private Clubs(44): as defined in Section 5-46.2 and listed in Table 11.
It is the intent of the City to allow the licensing of restaurants as private clubs authorized to sell alcoholic liquors in (M-U), (B-1), (B-4), (B-5) and (O-I) Zoning Districts. The City recognizes that Section 60-7-4a of the West Virginia Code provides that municipalities are authorized to allow the licensing of such private clubs to sell alcoholic liquors in Zoning Districts by either permitted use or conditional use. The City is of the opinion that subject to specific use conditions those restaurants which are presently situated in or wish to situate in (M-U), (B-1), (B-4), (B-5) and (O-I) Zoning Districts should be allowed to apply for and receive private club licenses for the sale of alcoholic liquors. (Amended 8/94)
Applicable Conditions
A restaurant, in certain districts, which seeks to obtain a State License as a private club for dispensing alcoholic beverages per Section 60-7-1 et seq of the West Virginia code, shall be subject to the following special conditions upon approval of its application for Conditional Use as a restaurant-private club. (Amended 4/7/98)
a. Such private club shall have as its principal purpose the business of serving meals on its premises to its patrons and to members of such club and their guests. For purposes of Section 19E(4), the City's definition of the term "meal" shall be consistent with that of the State of West Virginia as defined in its Legislative Rules and Regulations pertaining to Private Club Licenses and shall not include packaged potato chips and similar products; packaged crackers; packaged nuts; packaged desserts (fruit pies, cakes, cookies, etc.); and bar sausages and similar products.
b. In the (B-1), (B-4) and (O-I) Districts, no such applicant may be licensed as a private club under this conditional use that has not been in operation for at least one-year as a bonafide restaurant before making application for a license under this conditional use. However, when an applicant owns another bonafide restaurant the same as the one being proposed, the Board of Zoning Appeals may consider the proposed restaurant application on the basis of the existing restaurant, which has been in operation for at least one year. (Amended 4/7/98)
c. In the (B-4) District, the Board of Zoning Appeals may waive the requirement to be in business for one year as a bonafide restaurant when the applicant's written
description of the business operations, plus floor plans, demonstrate clearly that the establishment will meet the criteria in this subsection of the Ordinance. (Amended 4/7/98)
k. During each calendar month, the private club licensee shall maintain and preserve accurate and adequate records including those required by paragraphs e and j above, to prove compliance to the City's Finance Director, and shall make all such records available for review and audit promptly upon request by the Director. The records for each month shall be preserved for not less than 24 months next following.
l. Quarterly, the private club licensee shall send to the City Finance Director summaries showing the amount of revenue derived from liquor and alcoholic beverages versus the amount derived from the sale of food and non-alcoholic beverages.
m. In addition to the above requirements, in the (B-4) Business District the following shall apply:
1. The specific locations at which private club licenses exist on the date of this ordinance shall become legal non-conforming uses and subject to Section 20 requirements, except that such use shall not be permitted to expand within the building it occupies.
2. Existing non-conforming uses may apply to become approved conditional uses under the requirements of this ordinance.
For purposes of this subsection, any location which had a private club license for
the year 1993-94, and expiring on June 30, 1994, will have 60 days from the
adoption of this subsection to obtain State and City Private Club licenses for
1994-95 and thereby remain a legal non-conforming use.
5. Home Occupation Family Child Day Care Facility (Amended 3/4/98)
It is the intent of the City to allow home-based Child Day Care for one (1) to three (3) children without Conditional Use approval (defined in Section 5 as Babysitting), but to require that only persons who reside in the care-provider's dwelling unit may assist in providing child care at that site.
It is the City's intent to allow home-based Child Day Care for four (4) to twelve (12) children as a home occupation and subject to the usual requirements for home occupations as listed in Section 6.1 of the Zoning Ordinance, except as follows:
off-site impacts upon adjacent properties.
The general purpose of this section is to regulate the placement, construction, and modification of towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in Morgantown.
It is the intent of the City to allow wireless communications towers in the (I-1) Industrial District and the (B-3) Business District as permitted uses. In all other zoning districts such facilities shall be classified as conditional uses, subject to the standard review criteria and the purposes outlined in the above paragraph, and taking into consideration the requirements for such facilities contained in City Code Section 950 which also governs development of such communications facilities.
§20. NONCONFORMING USE SPECIFICATIONS(45)
The lawful use of a building or premises, existing at the time of passage of this ordinance, may be continued although such use does not conform to all the provisions of this ordinance, except as hereinafter provided.
D. The Board may authorize, by written permit, in a residentially-zoned District for a period of not more than one (1) year from the date of such permit, a temporary building for commercial or industrial use incidental to the residential construction and development of said District.
E. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and the construction of which has been diligently prosecuted within ninety (90) days of the date of such permit, and which entire building shall be completed according to such plans filed within three (3) years from the date of passage of this ordinance.
F. In the event that a nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of the building or premises shall thereafter conform to the uses permitted in the District in which it is located, and should the structure be inadvertently destroyed by any cause then it may be rebuilt within a period of one (1) year from date of its discontinuance of use. A nonconforming use, except as it pertains to non-compliance with the family definition, shall not be considered discontinued if the building or premises is used in part for that use provided no structural changes are made in the building. (Amended 6/29/84)
G. Any non-conforming use of any land, building or structure may be continued after the adoption of this ordinance in accordance with the provisions of Section 50 Article 5(47), Chapter 8 of the Code of West Virginia, unless such non-conforming use be discontinued for the period provided under Paragraph F of this section.
H. In the same manner these provisions apply to a use which may become nonconforming due to an amendment to this ordinance.
* WV Code 8-24-50 Disallows alterations or additions, or replacement of or to an existing building or structure for the purpose of carrying on a prohibited use
§21. ADMINISTRATION.
The City Manager is hereby designated and authorized to enforce this ordinance.
1. Legal or site description of the real estate involved.
2. Location and size of all buildings and structures.
3. Width and length of all entrances and exits to and from said real estate.
4. All adjacent and adjoining roads or highways.
B. Site plans so furnished shall be filed by the City Manager as a permanent record of the City.
C. The City Manager may require the relocation of any proposed building or structure or exit or entrance shown on said site plan and/or the location of new exits or entrances not shown on said site plan before issuing an Improvement Location Permit when such action is necessary to carry out the purpose and intent of this ordinance.
D. The City Manager shall issue an Improvement Location Permit for a Conditional Use only following receipt of notice from the Board that the application therefor has been approved by the Board.
E. Any person, to whom an Improvement Location Permit is issued for an Industrial Park or Shopping Center pursuant to subsection D, above, who fails to commence construction within twenty-four (24) months after such permit is issued or who fails to carry to completion thirty percent (30%) of the total Development Plan thereof within three years after such permit is issued or within one year after such construction is begun, whichever is later, or who fails to conform to the provisions of the Development Plan and supporting data finally approved by the Board and upon the basis of which such Improvement Location Permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person deeming himself aggrieved, to show cause why such approval should not be withdrawn and such permit revoked; provided, however, that no such order to show cause shall be issued for failure to commence construction within 24 months after such construction has in fact commenced even though commenced after the expiration of such 24-month period.
2. If after such hearing, upon evidence publicly presented to the Board by members of the public or officers or employees of the City, including members of the Board, present in person at such hearing, the Board shall find that the holder of the permit in question has failed to commence construction of the Industrial Park or Shopping Center within twenty-four (24) months from the date the Improvement Location Permit was issued, has failed to carry to completion thirty percent (30%) of the total Development Plan within three years
after said date or has failed materially to conform to the provisions of the Development Plan and supporting data finally approved by the Board and upon the basis of which such Improvement Location Permit was issued, the Board shall withdraw its approval of such Development Plan and order such permit revoked; provided, however, that the Board may, if it deems such failure correctable within a period of six (6) months, extend the time within which such period holder may purge himself of such failure for not longer than that period, during which period such hearing shall be continued to a day certain at the end thereof.
F. Not more than one Improvement Location Permit for each (B-5) District symbol on the Zone Map may be issued and outstanding at any one time.
G. In the event the Board shall revoke an Improvement Location permit under the authority of subsection E, (2) hereof, it may thereafter grant approval of another shopping center development in the same (B-5) District subject to all of the provisions and requirements of this ordinance.
H. The holder of Improvement Location Permit for an Industrial Park or Shopping Center may apply to the Board at any time for an alteration, change, amendment or extension of the Development Plan upon which such permit is based.
1. Upon receipt of such application, the Board shall proceed as in the case of original applications for Conditional Uses.
2. In the event the Board shall approve and order such Development Plan changed, altered, amended, or extended, it shall so notify the City Manager who shall issue an Amended Improvement Location Permit accordingly.
I. No land shall be occupied or used and no building hereafter erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose what-so ever, until a Certificate of Occupancy based on an actual inspection shall have been issued by the City Manager stating that the building and use comply with all of the provisions of this ordinance applicable to the building and premises or the use in the District in which it is to be located.
J. No change in use shall be made in any building or part thereof, now or hereafter erected, reconstructed or structurally altered, without a Certificate of Occupancy having been issued by the City Manager, and no such permit shall be issued to make such changes unless it is in conformity with the provisions of this ordinance.
K. A Certificate of Occupancy shall be applied for coincidentally with the application for an Improvement Location Permit and shall be issued within ten (10) days after the lawful erection, reconstruction or structural alteration of such building shall have been completed.
L. A record of all Certificates of Occupancy shall be kept on file in the office of the City Manager and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.
M. No Improvement Location Permit shall be issued for excavation for or the erection, reconstruction or structural alteration of any building before application has been made for a Certificate of Occupancy.
§22 PLANNING COMMISSION. (49)
A Planning Commission known as the Morgantown Planning Commission is hereby established under the provisions of Article 5 of Chapter 8 of the Code of West Virginia of 1931 and as said Article was thereafter amended by Senate Bill No. 264 passed on the 14th day of March, 1959. The membership of said Planning Commission, the qualifications thereof, and the powers, privileges, duties and responsibilities of said Planning Commission shall be as hereinafter set forth:
One member of the City Planning Commission shall also be a member of Council, and one member shall also be a member of the Administrative Department of the City. The term of these two members shall be co-extensive with the term of office to which each has been elected or appointed, unless the City Manager and Council at the first regular meeting of each year appoint others to serve as the City representatives. The remaining members of the Commission shall be appointed terms of three (3) years and until their successors are appointed and qualify. Vacancies shall be filled by appointment in the same manner for the unexpired term only. Members shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties. (Amended 11/26/63)
B. In the event that the County Commission of Monongalia County, West Virginia shall establish a County Planning Commission then the City Planning Commission and the County Planning Commission shall each designate an advisory member to the other of such Commissions, who shall be an additional member thereof but without the right to vote.
C. The Commission shall fix times for holding regular meetings and shall meet at least once in the months of January, April, July and October. Special meetings may be called by the President or upon the written request of any two members. The secretary shall give at least two (2) days notice of any special meeting unless the same is waived by the full membership of the Commission. A majority of members shall constitute a quorum for the transaction of business and no action of the Commission shall be official unless authorized by a majority of the membership at a proper meeting.
D. At the first regular meeting in each year the Commission shall elect from its membership a President and Vice Pres. and may appoint a secretary from within or without its membership. The Commission may appoint such employees as are necessary to discharge its duties, and compensation paid shall be in conformity with the budgetary powers of the City Council. The Commission may contract for special or temporary services of attorneys, engineers and all other persons with professional training or skills appropriate or necessary in fulfilling the mission of the Commission.
E. To effectuate the purposes of this ordinance the Commission shall have power and authority to:
2. Prescribe uniform rules for investigations and hearings.
3. Supervise the fiscal affairs and responsibilities of the Commission.
authority to perform ministerial acts in all cases except where final action of the Commission is necessary.
8. Adopt a seal, and certify to all official acts.
11. If deemed advisable, establish an Advisory Committee or Committees.
§23. BOARD OF ZONING APPEALS.
B. The Board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this ordinance.
E. The Board shall have the following powers and it shall be its duty to: (51)
G. Every decision of the Board shall be subject to review by certiorari.
Each applicant must give their own response to these statements as a basis for the Board's evaluation of the request.
§24. AMENDMENTS.
The common council may, from time to time, amend, supplement or change the rules and regulations and districts herein established or subsequently established.
An application, duly filed, may be presented to the City Planning office [Amended 8/17/98], requesting an amendment, supplement or change of the rules and regulations of the Zoning Ordinance by:
1. The Planning Commission; or
Amendments, supplements or changes of the rules and regulations of the Zoning Ordinance shall be considered as amendments to the comprehensive plan. Any proposed ordinance for the amendment, supplement, change or repeal of the Zoning Ordinance shall be referred to the Commission for consideration and report before any final action is taken by the City Council.
Prior to the submission to the City Council of a Commission Petition or a report on a proposed ordinance referred to it for an amendment, supplement, change or repeal of the Zoning Ordinance, the Commission shall give notice, and shall hold a public hearing as provided in the manner prescribed by Chapter 8, Article 24, Section 18, of the Code of West Virginia, as amended, except that publication of the notice of the date, time and place of the hearing upon a proposed amendment, supplement, change or repeal of the Zoning Ordinance need be made only fifteen (15) or more days prior to the date set for such hearing. (Amended 1/6/76)
In case an application for an amendment is denied by the City Council, said petition shall not be eligible for re-submittal for one (1) year from date of said denial. A new application affecting the same property must be, in the opinion of the Planning Commission, substantially different from the application denied, or conditions must have sufficiently changed to be eligible for consideration within one (1) year from said date of denial. [Amended 8/17/98]
§24.1 PUBLIC NOTICE.
That the Board of Zoning Appeals, Planning Commission, and City Council shall send a public notice, on such forms approved by the City Clerk, to property owners within 200 feet of any site for which a public hearing is conducted relating to either a zoning map change, a conditional use, a variance or an administrative appeal. (Amended 6/18/87)
§25. FILING FEES.
Applications and petitions filed pursuant to the provisions of this ordinance shall be accompanied by the filing fees hereinafter specified.
A. For each petition for an appeal from the decision of the City Manager to the Board, a fee of Thirty-five Dollars ($35.00) -- to be paid to and collected by the Department of Finance and Support Services, a receipt for which shall accompany the petition. (Amended 5/1/90)
B. For each application for approval by the Board of a Conditional Use, a fee of Seventy-five Dollars ($75.00) to be paid to and collected by the Department of Finance and Support Services, the receipt for which shall accompany the petition. (Amended 5/1/90)
C. For each petition for Amendment to the Zoning Map, a fee of Seventy-five ($75.00) to be paid to and collected by the Department of Finance and Support Services, the receipt for which shall accompany the petition. (Amended 5/1/90)
D. No part of any filing fee paid pursuant to this section shall be returnable to the applicant or petitioner.
E. For each application for approval by the Board of Zoning Appeals of a variance, a fee of Seventy-five ($75.00) to be paid to and collected by the Department of Finance and Support Services, the receipt for which shall accompany the petition. (Amended 5/1/90)
§26. REMEDIES AND PENALTIES.
A. The Commission, the Board, the City Manager, or any designated enforcement official, or any person or persons, firm or corporation jointly or severally aggrieved, may institute a suit for injunction in the Circuit Court of the County to restrain any individual or a governmental unit from violating the provisions of this ordinance.
B. The Commission or the Board may also institute a suit for mandatory injunction directing any individual, a corporation or a governmental unit to remove a structure erected in violation of the provisions of this ordinance.
C. Any building erected, raised or converted, or land or premises used in violation of any provisions of this ordinance or the requirements thereof is hereby declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law.
D. Any person, firm or corporation violating any of the provisions of this ordinance shall for each violation, upon conviction thereof, pay a penalty of not less than ten ($10) nor more than one hundred ($100) dollars, with costs recoverable before the Judge of the Police Court; and upon default of payment of the penalty and costs the person or persons convicted may be committed to the City or County Jail for not exceeding thirty (30) days. Each day that a violation is permitted to exist shall constitute a separate offense. (Amended 12/4/73)
§27. INVALIDITY OF PORTIONS.
Should any section or provision of this ordinance be declared, by a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof, other than the portion so declared to be invalid.
§28. WHEN EFFECTIVE.
- Passed by Council 3 November 1959
- Filed 3 November 1959
- Recorded 5 November 1959
- S/James Ashburn, City Clerk
- S/Marlyn Lugar, Mayor
FIRST READING: JULY 7, 1959
SECOND READING: OCTOBER 20, 1959
THIRD READING: NOVEMBER 3, 1959
ADOPTED: NOVEMBER 3, 1959
TABLE 1
NOTE: The contents of this Table became void upon Adoption of Revisions in Table 2. (August 1965)
TABLE 2
RESIDENTIAL DEVELOPMENT STANDARDS
R-1 R-1-A R-2 R-3 B-1 B-2 B-3 B-4 PRO O-I M-U
DWELLING TYPES I-1
SINGLE Yes Yes Yes Yes Yes Yes Yes - Yes Yes Yes
DOUBLE - - Yes Yes Yes Yes Yes - Yes Yes Yes
MULTIPLE - - Cond. Yes Yes Cond. Yes Cond. - Yes Yes
MIN. LOT SIZE, IN SQ. FT.
per Dwelling Unit:
Single: 7,200 4,000 6,000 5,000 5,000 6,000 5,000 - * 4,000 7,200
Double: - - 3,000 2,500 2,500 3,000 2,500 - * 4,000 2,200
Multiple:
Dormitory - - 195 120 120 195 120 Per BZA - 3,000 120
Efficiency - - 700 600 500 700 500 Per BZA - 3,000 600
One Bedroom - - 1,050 900 800 1,050 800 Per BZA - 3,000 850
Two Bedroom - - 1,400 1,050 900 1,400 900 Per BZA - 3,000 950
Three plus Bedroom - - 1,800 1,400 1,100 1,800 1,100 Per BZA - 3,000 1,250
Mixed Use - - - - - - - - - - 12,000
MIN. LOT WIDTH, IN FT.
SINGLE 70 40 40 40 40 50 40 - - 50 40
DOUBLE - - 50 40 40 50 40 - - 50 40
MULTIPLE - - 60 40 40 50 40 20 - 80
MIXED USE - - - - - - 20 - 50 80
MAX. HEIGHT, IN FT.
SINGLE 25 25 35 45 35 35 45 - 25 40 45
DOUBLE - - 35 45 35 35 45 - 25 40 45
MULTIPLE - - 35 80 80 35 100 200 - 67 80**
MIXED USE - - - - - - - 200 - 67 80**
MIN. FRONT YARD, IN FT
SINGLE 25 25 25 25 25 25 25 - 25 15 25
DOUBLE - - 25 25 25 25 25 - 25 15 25
MULTIPLE - - 25 25 25 25 25 0 - ** * 25
MIXED USE - - - - - - - 0 - ** * 10
* Dependent on the building size plus the setbacks
** See Section 14.3-F-6-b, Height Over 80 ft.
*** See Section 14.2, (O-I) Zone Standards
-continued-
DWELLING TYPES R-1 R-1-A R-2 R-3 B-1 B-2 B-3 B-4 PRO O-1 M-U
MIN. SIDE YARD, IN FT.
SINGLE 10 5 5 5 10 5 5 - 10 5 5
DOUBLE - - 5 5 10 5 5 - 10 5 5
MULTIPLE - - 10 10 10 10 10 0- *** 10
MIXED USE - - - - - - - 0-*** 0
MIN. REAR YARD, IN FT.
SINGLE 25 20 20 20 20 20 20 - 25 8 20
DOUBLE - - 20 20 20 20 20 - 20 8 20
MULTIPLE - 25 25 25 25 25 15- *** 25
MIXED USE - - - - - - - 15- *** 0
MIN. GROUND FLOOR AREA
SINGLE 960 768 768 672 672 768 672 680 - - 672
DOUBLE - - 960 672 672 960 672 680 - - 672
MULTIPLE(52) - - 960+400 672+300 672+300 960+400 672+300 680+300 - - 672+300
MIXED USE(53) - - - - 672+300 960+400 672+300 680+300 - - -
MAX. LOT COVERAGE
In % of lot area 35 35 35 40 35 35 40 8040 ** * 80
Minimum Number of Parking Spaces: See Section 12 E-23 (54)
Amended2/98
BUSINESS USES AND REQUIREMENTS
TABLE 3
BUSINESS BUSINESS BUSINESS BUSINESS
which use is
permitted*
Minimum front yard B-1, B-3, & I-1...15 B-4.....None B-3 & I-1....15 B-2....40
in feet in Districts B-4...............None I-1.......15 B-4........None
indicated B-5...............60 B-5.......60
(See Sect. 15-E3)
Minimum side yard 5 5 5 10
in feet along the (I-1) ......None
street line of a
corner lot where
block is adjoined
by a residential
District
Minimum side yard in 5 5 5 10
feet where a business (I-1) .......None
District adjoins a
residential District
within the block
Minimum side yard in
blocks not including a
residential District None None None 10
Maximum building B-1........35 B-4 & I-1.150 B-3....100 B-2...35
height in feet in B-3.......100 B-4 & I-1..150
districts indicated** B-4 & I-1.150 B-5.........50
B-5........50
Minimum rear yard
in feet 15 15 15 20
Maximum lot coverage
in percent of lot 90 90 80 50
Vision clearance on
corner lots Yes Yes Yes Yes
*Section 16, Shopping Centers, Minimum Site Requirement of 6 Acres.
**Section 15-E-5, Additional Height Regulations.
TABLE 4
TABLE 6
DEVELOPMENT STANDARDS FOR BUSINESS USES IN DISTRICTS
B-1, B-2, B-3, B-4, B-5, AND I-1
DISTRICTS AND USE
| REQUIREMENT | B-1 | B-2 | B-3 | B-4 | B-5 | I-1 |
| Business Use Permitted | NB | AB | NB,SB | NB,SB,GB | NB,SB | NB,SB,GB |
|
Max. Bldg Height (ft.) |
35 |
35 |
100 |
150 |
50 |
150 |
| Min. Front Yard (ft.) | 15 | 40 | 15 | 0 | 60 | 15 |
|
Min. Side Yard (ft.) Where (B) District Adjoins (R) District Within Block |
5 |
10 |
5 |
5 |
5 |
5 |
| Min. Side Yard (ft.)
In Blocks not including R District |
0 | 10 | 0 | 0 | 0 | 0 |
| Min. Rear Yard (ft.) | 15 | 20 | 15 | 15 | 15 | 15 |
| Max. Lot Coverage
(in %) |
90 | 50 | (NB)-90
(SB)-80 |
(NB)-90
(GB)-90 (SB)-80 |
(NB)-90
(SB)-80 |
(NB)-90
(GB)-90 (SB)-80 |
NB = Neighborhood Business Use
AB = Accommodation Business Use
SB = Service Business Use
GB = General Business Use
I-1 = Industrial District
Note: See Section 15-E Provisions and Exceptions, and table 3. REQUIREMENTS BY TYPES OF BUSINESS.
* Section 13, Industrial District Definition allows complementary Business Uses.
TABLE 7
REQUIREMENT TYPE AND USE
| Light Industrial | Industrial | |
| District(s) in which use is permitted | B-4 & I-1 | I-1 |
| Minimum front yard in feet | B-4...None
I-1....15 |
I-1....15 |
| Side yard required in feet | None | None |
| Minimum side yard in feet, if provided | B-4 & I-1....5 | I-1....5 |
| Minimum rear in feet | B-4 & I-1....15 | I-1....15 |
| Maximum building height in feet | B-4 & I-1....200 | I-1....200 |
| Maximum lot coverage in percent of lot | B-4 & I-1....90 | I-1....90 |
| Vision clearance on corner lots | Yes | Yes |
(Amended August 1965)
TABLE 8
Industrial Uses - Loading and Unloading Berth requirements
See Section 12
TABLE 9
CONTINGENT USES AND REQUIREMENTS
| TYPE OF USE | DISTRICT(S) IN WHICH USE IS PERMITTED | NUMBER OF PARKING SPACES TO BE PROVIDED |
| Boarding & Lodging | B-1, B-2, B-3, & B-4, MU | One for each three occupants |
| Bulletin Board for a church or public building | All | Not applicable |
| Church or temple | All, except B-2, B-5, & I-1 | One for each 6 seats in main auditorium ** |
| Civic or Charitable Organization | R-3, B-1, B-2, B-3, B-4, & MU | One for each 125 sq. ft. ground floor area of building |
| College or University | All, Except B-5 & I-1 | One for each 3 students and staff |
| Fraternity, Sorority, and Student Cooperatives & Dormitories | R-3, B-2, B-3, & B-4 | One for each occupants |
| Lodge (non-commercial character) | R-3, B-1, B-2, B-3,& B-4 | One for each 125 sq. ft. ground floor area of building |
| Mortuary | R-3, B-1, B-2, B-3, & B-4 | One for each 6 seat in Main Auditorium |
| Nursing Home or Homes for the aged | R-3, B-1, B-3, & B-4 | One for each 6 beds |
| Professional Office in Residence of Practicing Professional Person | All, Except R-1, R-1-A, & B-5 | Two additional |
| Plant Nursery | All | None required |
| Public Park Facility | All | None required |
| School, Public or Parochial * | All, except B-2, B-5, & I-1 | One for each 3 members of staff plus one for each 8 seats in auditorium |
| Swimming pool, private | All | See sect. 14-B-9 |
(AMENDED 9/94)
*THESE ARE PERMITTED USES IN THE (PRO) and (O-1) DISTRICTS.
**SEE ALSO SECTION 18C-3, PROVISIONS AND EXCEPTIONS
NOTE: See Table 10 for Development Standards for Contingent Uses
TABLE 10
CONTINGENT USES - MAXIMUM HEIGHT
IS PERMITTED HEIGHT IN FEET
R-1, PRO, OI 25
TABLE 11
CONDITIONAL USES
(AMENDED 6/95)
TYPES OF USE DISTRICTS
| Airport or Heliport | All except R-2, R-3, B-1, & B-2 |
| Artificial Lake | All |
| Bakery | M-U |
| Boarding or Lodging House | R-3, 0-1 |
| Cemetery | All except M-U, B-2, and B-5 |
| Convenience Store | M-U |
| Child Day Care Center | |
| Family Day Care Facility | All, as Home Occupation |
| Fraternity, Sorority, Student Coops and Dorms | R-2, B-1, and 0-1 |
| Government Building | All |
| Half-way Houses | 0-1 |
| Hair Salon | M-U |
| Health/Athletic Center | M-U |
| Hotel/Conf. Facilities | M-U, 0-1 |
| Home Occupation | All except B-5 and I-1 |
| Hospital | All except M-U, B-1, B-2, B-4, B-5, and I-1 |
| Industrial Park | All except M-U, B-1, B-2, B-4, and B-5 |
| Junk Yard | I-1 |
| Kindergarten or Private School | All except R-1, R-1-A, B-5, and I-1 |
| Medical, Dental Lab | 0-1 |
| Medical Clinic or Center | R-2, R-3, M-U, B-1, B-3, B-4, and I-1 |
| Mineral Extraction | I-1 |
| Multi-Family Dwelling | R-2, B-2, B-4, and I-1 |
| Offices: General or Medical | M-U |
| Office Supplies | M-U |
| Outdoor Theater or Commercial Recreation Enterprise | B-2 and B-3 |
| Penal or Correctional Institutions | B-3 and B-4 |
| Personal Services (as listed) | M-U |
| Pharmacy | M-U |
| Private Club Restaurant | M-U, B-1, B-4, B-5, and 0-1 |
| Professional Office Bldg.(55) | R-3 and I-1 |
| Public Camp | B-1, B-3, I-1 |
| Public Library or Philanthropic Institution | All except B-5 and I-1 |
| Public Parking area | All except R-1, R-1-A |
| Public Utilities (Trans mission lines, substations, and equipment storage) | All |
| Railroad Right-of-Way and Uses Essential to the operation of the Railroad | All |
| Restaurant/Cafeteria/Deli | M-U |
| Retail Store | M-U |
| Sanitary Fill or Refuse Dump | I-1 |
| Sewage or Garbage Plant | I-1 |
| Shelter House | R-3, B-1, B-2, B-3, B-4 |
| Shopping Center | B-5, when complying with Requirement Standards |
| Signs in Excess of 100 sq. ft. | All except R-1, R-1-A, R-2, R-3, M-U, and PRO |
| Signs | R-1, R-1-A, R-2, R-3, M-U, and B-4 |
| Sporting Goods | M-U |
| Storage Warehouse | B-3 |
| Tourist Home | All Except R-1, R-1-A, B-5, and I-1 |
| Trade or Business School | All Except R-1, R-1-A, R-2, R-3, B-2, and B-5 |
| Wireless Communications Tower | All except I-1, B-3 |
TABLE 12
PRO DISTRICT DEVELOPMENT STANDARDS
(AMENDED SEPT. 21, 1994)
MAXIMUM HEIGHT (FEET) 25
MINIMUM FRONT YARD SETBACK (FEET) 25
MINIMUM SIDE YARD SETBACK (FEET) 10
MINIMUM REAR YARD SETBACK (FEET) 40
MAXIMUM LOT COVERAGE, IN PERCENTAGE 40
NUMBER OF PARKING SPACES TO BE PROVIDED: (SEE SECTION 12)
1. Currently Number as Article 24, Section 8-24.
2. See Sections 5-63 and 14-B-4-b
3. See Section 5-37
4. See Section 5-45.1
5. Beyond the foundation of the wall of the structure.
6. See Section 21-I
7. Building permits and grading permits now substitute for an ILP.
8. See Section 14-B-5-c
9. See Section 5-8
10. See Section 14-B-5-b
11. See Section 5-9
12. See Section 14-B-4-c-3
13. See Section 5-1
14. Section rewritten and adopted 7/19/94
15. See Section 5-32
16. Section rewritten and adopted 7/19/94.
17. See Section 5-43, Definitions
18. See Section 5-42, Definitions
19. See Section 18-C-3 for related regulations.
20. See Section 12-B-5, Joint Usage Provisions
21. All references hereinafter to the B-5a and the B-5b districts shall be construed to mean the (B-5) District.
22. See Section 5-10 for Minor Projections into required yards.
23. See Section 5-63
24. Building Code requires a 3 ft. property line setback (CABO Section 4-202.01) unless a fire wall is provided.
25. See Sections 5-1 and 5-63
26. See Sections 14-B-6 and 5-63
27. See Section 5-59
28. See Section 5-35
29. See Section 5-40
30. See Section 5-9
31. See Section 18-C-4 and Section 19-C for Regulation of Signs.
32. Section adopted 3/20/79. Amended 7/19/94.
33. Public Parking Lots are a Conditional Use in All District, Except (R-1) and
(R-1-A).
34. See Tables 9 and 11 for Contingent and Conditional Uses
35. Section adopted 10/21080. Amended 7/19/94.
36. Section adopted 1993
37. Section Items Renumbered 7-19-94.
38. See Section 19-C Criteria
39. See Section 19B, Conditional Use Criteria
41. See Section 5-61
42. See Section 13, Industrial District, for Uses Allowed and Table 6.
43. See Section 14-B-8, Section 15F, and Section 18-C-4
44. City Code Section 761.04 provides for revocation upon non-compliance with
conditions set forth herein.
45. See also Section 21-I, J, and Section 8
46. See Section 5-51 Definition, and 5-57
47. Now codified as 8-24-50
48. See Section 5-27, Definition of a Permit
49. Currently numbered as Article 24, Section 8-24.
50. Now numbered as Article 24, Section 8-24
51. Now numbered as Article 24, Section 8-24
52. Additional ground floor area for each dwelling unit on the first floor at ground
floor level (or above that level that is devoted exclusively to residential and accessory
uses.)
54. See Section 14.3-F-6-a, Off-Site Parking as a Conditional Use
*** See Section 14.2 (O-I) Zone Standards
55. Because these are permitted uses in the (B-1) District, they are also permitted
in the (B-3), (B-4), and (B-5) Districts.