The following statements of intent are provided in order to clarify the purpose for which the several business districts were created.

(1)

BC central business district. This district is designed to provide:

a.

A concentrated central core of retailing and services; and

b.

Areas accommodating central administrative business, financial, general and professional offices and related services.

The district regulations are designed to promote convenient pedestrian shopping and the stability of retail development by encouraging continuous retail frontage in a concentrated area.

(2)

BN neighborhood commercial district. This district is created to provide minimum standards for the development and use of retail and service establishments concentrated at convenient locations throughout the city.

(3)

BH highway related commercial district. This district is designed primarily to encourage the development of recognizable, attractive groupings of facilities to serve persons traveling by automobile and local residents. Since these areas are generally located on major highways, they are subject to public view. They should provide an appropriate appearance, ample parking, and be designed to minimize traffic congestion.

(Code 1974, § 23-47; Ord. of 10-17-1978, § 23-47)

In business districts land and structures may be used, and structures may be erected, altered, or enlarged only for the uses listed in the following table, except as provided in section 44-141 pertaining to special exceptions, and article VII, pertaining to planned unit developments.

Footnotes.

(P)—Permitted in this district only in a planned unit development, except as provided in section 44-141.

Subject to requirements of section 44-143.

(Code 1974, § 23-48; Ord. of 10-17-1978, § 23-48; Ord. No. 79-2, 3-27-1979; Ord. No. 79-15, 12-4-1979; Ord. No. 88-1, 2-23-1988; Ord. No. 97-5, 8-26-1997; Ord. of 6-11-2002; Ord. No. 2007-7, 8-28-2007)

The board of adjustment may authorize any of the uses listed in the following table as a special exception pursuant to the warrants and criteria set forth in article VII:

(Code 1974, § 23-49; Ord. of 10-17-1978, § 23-49; Ord. No. 88-1, 2-23-1988; Ord. No. 97-5, 8-26-1997; Ord. of 6-11-2002)

In business districts, the maximum floor area ratio shall not exceed the values prescribed in the following table, except that the board of adjustment may authorize an increase of not more than one in the maximum floor area ratio:

(Code 1974, § 23-50; Ord. of 10-17-1978, § 23-50)

(a)

In business districts, yards shall be provided; apartments, where permitted in a business district shall meet the same standards with respect to yards and usable open space as apartments in an RMF multifamily residential district.

(b)

Front yard. In business districts, front yards of the following minimum depth shall be provided:

*None, except as called for by ordinance. See appendix A of this chapter.

(Code 1974, § 23-51; Ord. of 10-17-1978, § 23-51)

(a)

Except in the BC central business district and except for business establishments included in shopping centers, the minimum number of off-street parking spaces to be provided for every new or substantially reconstructed building shall be in accordance with the following table. The board of adjustment may require a greater number of parking spaces as a condition for granting a special exception, or may, as a special exception, grant a reduction in the number of parking spaces required in this section:

(b)

BC central business district. No minimum off-street parking requirement is prescribed in the BC central business district, except for off-street parking which may be required by the board of adjustment as a condition for granting a special exception. Property owners are encouraged to provide as nearly as possible the amount of off-street parking specified in subsection (a) of this section.

(c)

Shopping centers. For every 1,000 square feet of gross leasable area in a shopping center devoted to food stores, not less than seven off-street parking spaces shall be provided. For every 1,000 square feet of gross leasable area in a shopping center devoted to other than food stores, not less than 5.5 off-street parking spaces shall be provided.

(Code 1974, § 23-52; Ord. of 10-17-1978, § 23-52)

(a)

Maximum building height table:

(b)

Height exceptions. The board of adjustment may allow, as a special exception, the erection of structures to a height exceeding the limits set forth in subsection (a) of this section, including, but not limited to:

(1)

Erection to a reasonable height of a radio or television transmission or receiving tower and facilities operated under the regulations of the FCC;

(2)

Erection to a reasonable height of a structure in a suitable location for public utility purposes, by a public utility corporation.

(Code 1974, § 23-53; Ord. of 10-17-1978, § 23-53)

No structure shall be permitted on a lot in the BC central business district which does not provide a retail, wholesale, service, or governmental use intended for the patronage of pedestrians across the entire frontage of the lot at ground floor level, when the frontage of property on both sides of the lot in question is so used. The board of adjustment may waive this requirement as a special exception if the owner or developer presents an alternative proposal which, in the opinion of the board, will not impair the commercial vitality of the central business district by fragmenting commercial frontage.

(Code 1974, § 23-54; Ord. of 10-17-1978, § 23-54)

In the BC central business district, an increase in the floor area ratio shall be allowed by the zoning officer, in accordance with subsections (1) and (2) of this section, for structures which are so situated, or which incorporate certain features so designed as to lessen congestion and provide an enhanced pedestrian environment. Floor area ratio bonuses shall be cumulative in cases where more than one creditable feature is included.

(1)

Parking lot. For a parcel of land in the BC central business district which includes a public parking lot or garage with a gross parking area of 25,000 square feet or more, or which is within 300 feet of such a parking lot or garage owned or operated by a public parking authority, the zoning officer shall allow an increase of 1.5 in the maximum floor area ratio. If the parking lot or garage referred to above has frontage on a street classified as an arterial street or higher in the major street plan of Bluefield, the zoning officer shall permit a further increase of 0.5 in the floor area ratio of a parcel situated as described above. In the BC central business district, an additional square foot of floor area shall be allowed in addition to the floor area otherwise permitted, for every square foot of parking space provided on the premises.

(2)

Arcade. The zoning officer shall permit an increase of three in the maximum floor area ratio of any property in the BC central business district which incorporates an arcade not less than 75 feet in length. A further increase of one in the floor area ratio shall be permitted if satisfactory provision is made for heating and air conditioning the arcade as appropriate to the season. To qualify for a floor area ratio bonus, an arcade shall have the following characteristics:

a.

The arcade shall be a covered pedestrian passageway enclosed on both sides and accessible to the general public;

b.

The arcade shall have a minimum interior height of nine feet from floor to ceiling and a minimum interior width of 12 feet;

c.

The arcade may have display windows and entrances serving adjacent businesses, but it shall be so designed that a pedestrian may pass through it without being obliged to enter the retail sales area or lobby of any business establishment;

d.

Not less than five nor more than 40 percent of the floor area of the arcade shall be occupied by benches or planters; and

e.

The arcade shall fit either of the two following descriptions:

1.

Connects a parking lot or garage with a gross parking area of 25,000 square feet or more and a street at the front of the property receiving the bonus; or

2.

Connects two different streets and affords access to not fewer than three different business establishments.

(Code 1974, § 23-55; Ord. of 10-17-1978, § 23-55)

In BN neighborhood commercial and BH highway-related commercial districts, structures may be erected on vacant or cleared lands only if the building permit plat shall clearly show and the structure and appurtenances be actually constructed so that five percent of the lot area shall be required to be maintained for landscaping. In addition to the foregoing requirement, all unpaved and open areas shall be landscaped.

(Code 1974, § 23-56; Ord. No. 79-11, 11-20-1979)

It is the purpose and intent of this division to regulate adult nightclubs to promote the health, safety and general welfare of the citizens of the city and to establish uniform regulations to prevent any deleterious location or concentration of adult nightclubs within the city, thereby reducing or eliminating the adverse secondary effects from such businesses as found by the board of directors of the city pursuant to public hearing and report of the planning commission. The provisions of this division have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor the effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is the intent nor effect of this article to condone or legitimize the distribution of obscene material. Rather, the intent of this article is an exercise of traditional zoning authority for the purposes set forth in W. Va. Code, §§ 8-24-1 and 8-24-39.

(Code 1974, § 23-57; Ord. No. 98-2, 3-24-1998)

As used in this article, the following words and terms shall have the meaning ascribed thereto:

Adult nightclub means a nightclub, bar, restaurant, supper club, lounge or other establishment in which a person or persons appear in a state of nudity in the performance of their duties.

Nudity means the showing of the human genitals less than completely and opaquely covered, the pubic region, the buttocks, the female breast below a point immediately above the top of the areola, or the human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Public park means public land that has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trail, swimming pool, athletic field, basketball or tennis court, pedestrian or bicycle trail, or similar public land within the city that is under the control, operation or management of the city, county, or board of directors.

(Code 1974, § 23-58; Ord. No. 98-2, 3-24-1998)

No person, partnership, corporation or other business organization shall operate an adult nightclub, and no person shall appear in a state of nudity in an adult nightclub, in other than a BC or BH zone, or within 300 feet of a religious use, a public or private school or college, a government building open to the public, or a public park. For the purpose of this section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the parcel of real estate upon which an adult nightclub is located to the nearest property line of the premises of a religious use, a public or private school or college, a government building open to the public, or a public park, or to the nearest boundary line of a residential zone.

(Code 1974, § 23-59; Ord. No. 98-2, 3-24-1998)

It shall be unlawful to open or operate any limited video lottery establishment within 1,000 feet of any church, school, or other such establishment already possessing a state alcohol beverage control administration on-premises license and/or providing video lottery or having a license to do so, or within 1,000 feet of a residence located in a R-1, R-2, R-3, or RMF zone.

(Ord. of 6-14-2011, § 14-78(E)(1))

The measurement of distances for the purposes of this division shall be from whichever exterior corner of the lot on which a limited video lottery establishment is located which is closest to an existing school, church, residence, or other video lottery establishment, measured to the nearest corner of any schoolyard, school parking lot, or lot on which a school building is located; or to any lot on which any church building or church parking lot is located; or to any lot on which any video lottery establishment or video lottery establishment parking lot is located; or to any lot on which any residence is located.

(Ord. of 6-14-2011, § 14-78(E)(2))

BC Central Business District. The Central Business District of the City of Bluefield, West Virginia, as more particularly defined and used elsewhere in Article V of Chapter 44 of the Code of Ordinances of the City of Bluefield, West Virginia.

Lawfully operated establishment means a business establishment possessing all current and valid state and local permits necessary for any aspect of the operation of such establishment, operating in compliance with all applicable laws, rules and regulations, and being and remaining current on all city taxes and fees, and compliant with all applicable building, health, safety and maintenance codes.

Operator means a person, organization, proprietorship or other similar entity lawfully operating a business located in the BC Central Business District.

Non-partitioned dining area means a sidewalk dining area not separated from the remainder of the sidewalk by a physical partition.

Partitioned dining area means a sidewalk dining area separated from the remainder of the sidewalk by a physical partition.

Planning commission means the City of Bluefield Planning Commission constituted under section 44-48 of the Code of Ordinances of the City of Bluefield.

Sidewalk dining meands the use of a portion of a sidewalk in the BC Central Business district for the service of food and beverages to the patrons of a business establishment located immediately adjacent to such sidewalk, as permitted by and under conditions established by Division 4, Article V, Chapter 44 of the Code of Ordinances of the City of Bluefield, West Virginia.

Sidewalk dining area means a defined area of the public sidewalk designated by a site plan approved by the city through the process established herein.

WVABCA means the West Virginia Alcohol Beverage Control Administration.

(Ord. of 3-28-2019)

(a)

The operation of a sidewalk dining area pursuant to a permit granted under this division shall comply with the Americans with Disabilities Act, all provisions of state and local building and fire codes, as well as all state and local health laws and regulations regarding the service and preparation of food. The operations of a sidewalk dining area shall also be conducted in accordance with the code provisions and regulations of the WVABCA. Nothing in this article shall be intended to alter or abridge any applicable federal, state or local laws or ordinances, or the operator's responsibility to comply with all code provisions and regulations of the WVABCA.

(Ord. of 3-28-2019)

(a)

An applicant for a sidewalk dining area permit shall file an application with the planning commission on such forms and subject to such procedures as the planning commission may establish. An application for a sidewalk dining area permit shall be accompanied by a $100.00 fee for a partitioned dining area, and a $25.00 fee for a non-partitioned dining area. An application shall include, in addition to the aforesaid fees, a site plan, drawn to scale and showing the layout of the sidewalk dining area which accurately depicts the existing sidewalk conditions, including sidewalk width from building face to curb; location and dimension of any tree wells, lamp posts, traffic and parking signs, signal poles, trash receptacles, benches and other sidewalk features or obstructions; as well as design, location, size and space of the dining area, chairs, tables, aisles or spaces between tables, and, if applicable, enclosures or partitions; routes of ingress and egress; clearance between the sidewalk dining area and the curb, and any additional requirements of the WVABCA. Such application shall also disclose the days and hours of operation of the operator, the days and hours of operation that the operator will serve patrons in the sidewalk dining area, the types of food and beverages to be offered in the sidewalk dining area. If the operator proposes to serve alcohol in the sidewalk dining area, the operator shall disclose the same in the application, and state the license number of any license issued to operator by the WVABCA, or, if the application for such license is pending, the status of such application.

(b)

After receiving the application and site plan, the planning commission shall refer the matter to the city engineer to determine if the proposed sidewalk dining area meets the minimum requirements of this division. If not, the planning commission shall inform the operator that the proposed sidewalk dining area fails to meet the minimum requirements of this division, and the specific deficiencies of the application. The operator shall then have 30 days to correct such application and resubmit it to the planning commission. If the operator does not resubmit the application within 30 days, the application is deemed rejected.

(c)

If the city engineer determines that the proposed sidewalk dining area does meet the minimum requirements of this division, the planning commission shall schedule a public hearing on the application as provided in section 44-48 of the Code of Ordinances, provided, that all business owners and residents of the city block in which the proposed sidewalk dining area is to be located shall receive "actual notice" of such hearing, and other area residents and businesses shall receive reasonable notice via the publication of the advertisement as set forth in section 44-48. Following such public hearing, the planning commission shall issue a recommendation to the board of directors recommending either approval or rejection of such application.

(Ord. of 3-28-2019)

(a)

All sidewalk dining areas in which alcohol is to be served shall be partitioned sidewalk dining areas. If alcohol is not to be served in such sidewalk dining area, the area may be partitioned or non-partitioned.

(b)

The sidewalk dining area shall be located adjacent to the property, whether owned or leased, of an existing and lawfully operated establishment and shall be under the responsible direction and control of the operator.

(c)

The sidewalk dining area may be open to patrons between the hours 7:00 a.m. and 2:00 a.m. daily, but only while the kitchen associated with such establishment is open and capable of serving food to patrons.

(d)

All furniture or other personal property located in the sidewalk dining area must be readily removable without damage to the surface of the sidewalk, provided, however, that if necessary for the safety and protection of the patrons of the establishment, the operator may propose, and the planning commission may permit, reasonable and minimal penetration of the sidewalk for the purpose of securing umbrellas, tables, partitions, etc. and to prevent injury therefrom.

(e)

Barriers and partitions (fences, planter boxes, etc.) must be visually appealing and help to separate the dining area from the sidewalk. All barrier material must be maintained in good visual appearance, without visible fading, dents, tears, rust, corrosion, or chipped or peeling paint.

(f)

Barriers are required in the following instances:

(1)

Required for full perimeter of sidewalk dining areas when the seating area extends more than two and one-half feet into the public right-of-way. A detectable barrier is required for the full perimeter (with the exception of the access openings).

(2)

Required for full perimeter of all sidewalk dining areas when serving alcohol. State law requires that sidewalk dining areas, where alcohol is served or consumed, must be enclosed with only one opening to the sidewalk for access. Such access must face the main ingress and egress of the operator's establishment. All access openings must measure no less than 36 inches in width.

(g)

The following types of barriers and partitions are permitted; sectional fencing, planters, planter boxes or combination thereof. Prohibited barrier styles include, but not limited to chain-link, rope, chains, cyclone fencing, buckets, food containers, tires, tree stumps, wood pallets, chicken wire, plastic fencing or similar appurtenances and materials not specifically manufactured for fencing or to be used for pedestrian traffic control.

(1)

Sectional fencing (generally defined as rigid fence segments that can be placed together to create a unified fencing appearance) are permitted. Sectional fencing must be of metal (aluminum, steel, iron, or similar) or of wood construction and must be painted or stained.

(2)

If a stanchion or other vertical supporting device is attached to the sectional fencing, the base must be flat and must measure no more than one-half of an inch above the sidewalk surface. No domed bases for the stanchion or other vertical supporting device for the fencing. The base must not be a tripping hazard.

(3)

All barriers must be a total height of 36 inches above the level of the sidewalk. Exceptions may be granted for barriers that include landscape (planting) materials or a combination of landscape materials and sectional fencing.

(4)

Planters may be used in addition to or in place of other barrier designs. They may also be used in situations where no barrier is required.

a.

All planters themselves must be a total height of 36 inches above the level of the sidewalk. The plants (live or artificial) within the planters shall not exceed 60 inches in height, measured from the surface of the sidewalk.

b.

All planters must have plants, either live or artificial, contained within them. If plants within a planter die, the plants must be replaced or the planter removed from the public right-of-way.

(5)

All barriers must be freestanding, without any permanent or temporary attachments to buildings, sidewalks, or other infrastructure.

(h)

Sidewalk dining area furniture must be visually appealing and must be maintained in good visual appearance, without visible fading, dents, tears, rust, corrosion, or chipped or peeling paint. All furniture and fixtures must be maintained in a clean condition at all times and shall be of high quality, durable and of sufficiently sturdy construction. All furniture and fixtures shall be consistent and match each other by being visually similar design, construction, and color.

(i)

All furniture other than tables, chairs, and umbrellas are prohibited. This includes but is not limited to serving stations, bar counters, shelves, racks, sofas, trash receptacles, and torches. Outdoor space heaters may be permitted when it is safe to do so according to the Bluefield Fire Department and in keeping with the intent of this division. Locations for outdoor space heaters must be located on original site plan on the sidewalk dining area permit application.

(1)

Tables must be of metal (aluminum, steel, iron, or similar) or of wood construction and may be colored or of a natural unpainted material (i.e., wood, metal, etc.). Tables are not permitted to be of any plastic material.

(2)

All tables shall be consistent and match each other by being visually similar design, construction, and color.

(3)

Chairs must be of metal (aluminum, steel, iron, or similar) or of wood construction and may be colored or of a natural unpainted material (i.e., wood, metal, etc.). Chairs are not permitted to be of any plastic material. All chairs shall be consistent and match each other by being visually similar design, construction, and color.

(4)

Upholstered pillows or any other type of cushions for the furniture is permitted.

(5)

Umbrellas must be of a material suitable for outdoor use and must be canvas-type. No plastic fabrics, plastic/vinyl/laminate fabrics, or any type of rigid materials are permitted for use as umbrellas within an sidewalk dining area.

(6)

When extended, the umbrella must measure at least eight feet above the surface in order to provide adequate circulation space below. Any part of an umbrella used in the outdoor dining area may not exceed a height of ten feet above the level of the sidewalk.

(j)

The floor of any outdoor dining area should be uncovered sidewalk material. Prohibited sidewalk coverings include, but are not limited to carpet, platforms, raised decks, or any other flooring material including but not limited to tile, nylon, vinyl, canvas, or any other covering that is intended to resemble turf are prohibited.

(k)

All furniture and fixtures must be freestanding. At no time shall furniture and fixtures be secured to other permanent structures including, but not limited to trees, street signs, hydrants, or any other street infrastructure by means of ropes, chains, or any other devices.

(l)

Any sidewalk dining area shall be designed and constructed so that there shall be not less than 48 inches of unobstructed sidewalk between the dining area and the curb, along the entire length of the sidewalk dining area.

(Ord. of 3-28-2019)