The Zone Map, which accompanies and is hereby declared to be a part of this Zoning 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. Districts are hereby established as shown on the Zone Map.

The districts identified below are described as set forth in Article 1323 to 1331:

 

   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 adapted and the conservation of property values throughout the City and its environs.

   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 of Zoning Appeals shall interpret the intent of the Zone Map as to the location of the boundary in question.

      (1969 Code §27-5)

   (a)   When the City initiates an Ordinance for the annexation of property to the City, the Commission shall prepare an Ordinance to amend this Ordinance embracing the proposed zoning provisions to be established for such area proposed to be annexed. Procedure on the proposed Ordinance to amend this Ordinance shall progress concurrently with the procedure on the annexation Ordinance in order that the zoning amendment may be adopted by the City Council at the same time as the annexation Ordinance.

   (b)   Whenever any Street, Place, Alley, Public Way, Railroad Right-of-way, Waterway, or other similar area is vacated by proper authority, the Districts adjoining each side of such Street, Alley, Public Way, Railroad Right-of way, or similar area 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 provisions of the extended Districts. In the event of a partial vacation, the adjoining District, or District nearest the portion vacated, shall be extended automatically to include all of the vacated area.

   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.

(1969 Code §27-7)

   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.

(1969 Code §27-8)

   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. (1969 Code §27-9)

   Every building hereafter erected shall be located on a lot. In no case shall there be more than one principal building used for residential purposes, and its accessory buildings, located on one lot. (1969 Code §27-10)

   Every building hereafter erected shall provide parking space and loading and unloading berths as specified hereinafter for the use to which such building is to be devoted.

(1969 Code §27-11)

   Seven districts, RI, R2, R3, R4, Business-Professional Office District(BPO), Distinguished Residential-Professional Office District(DRPO), Residential Business Special District(RB) are established for residential and business and professional office use in conformity with the types of neighborhoods which have occurred and are likely to develop in the areas so designated on the Zone Map. The districts differ primarily with respect to requirements of lot size, building ground floor area and the number of families which may be housed in one building, and the business- professional office is allowed in both the Business-Professional Office District and the Distinguished Residential-Professional Office District. The specific requirements for each Residence, Business-Professional Office District and Distinguished Residential-Professional Office District are shown in Section 1323.04. Certain nonresidential contingent uses are automatically permitted in these districts (see Section 1335.03) and some special exceptions (see Section 1339.04) may be permitted in them with the approval of the Board of Zoning Appeals. A brief description of each of these districts follows:

   (a)   R1. This district is established for single-family residential use in conformity with the types of neighborhoods which have occurred and are likely to develop in the areas as classified in the Zone Map. Certain nonresidential contingent uses are automatically permitted in these districts (see Section 1335.03) and some special exceptions may be permitted in them (see Section 1339.04) with the approval of Board.

   The residential uses defined below, including accessory buildings and uses are permitted in the districts indicated in Section 1323.04 when complying with the requirements listed therein, subject, except as otherwise provided, to the provisions of Section 1323.03.

   (a)   A single-family dwelling is a detached building designed for or occupied by one family exclusively.

   (b)   A two-family dwelling is a detached building designed for or occupied by two (2) families.

   (c)   A multi-family dwelling is a building designed for or occupied by three (3) or more families, exclusively for dwelling purposes.

   (d)   A townhouse is a structure containing two (2) or more single-family dwellings which are attached by a common party wall designed for or occupied by one family exclusively. Regardless of the further contrary provisions hereof, side yard setoffs are not required for interior townhouses. End unit townhouses are subject to the same side yard requirements as other residential structures in the same area or zone. Front and rear yard requirements for townhouses are the same as for other residential structures in the same area or zone. (1969 Code §27-17; 4-21-77)

   Other provisions for residential uses are as follows:

      (1)   Where twenty-five percent (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.

      (2)   Front yard or setback lines established in a recorded subdivision shall establish the dimension of front yards in such subdivisions, except when such setback lines may be less restrictive as provided in Section 1301.03.

      (3)   On through lots, a front yard is required on each street.

      (1)   Accessory buildings are permitted in all districts, but not prior to the erection of the principal building, except for strictly storage purposes and not for human occupancy.

      (2)   No accessory building shall be located closer to a side lot line than required for the side yard of the principal building on the lot, nor closer than five (5) feet from the rear property line, nor exceed fourteen (14) feet in height and, if detached from the principal building shall be set back at least fifty (50) feet from the front line of the lot.

      (3)   Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, name plates, lampposts, bird baths and structures of a like nature are permitted in any required front, side or rear yard. Fences, latticework screens, hedges or walls not more than seven (7) feet in height may be located in the required side or rear yard and a hedge or fence maintained so as not to exceed four (4) feet in height above the surface of the ground on the inside of the hedge or fence and maintained and constructed to conform to the further provisions of this article, may be located in any front yard. Such hedge must be kept trimmed so that it does not exceed four (4) feet in height and so that it does not encroach onto any public sidewalk, street, alley or way.

         A gate or entrance way shall be provided having an unobstructed width of at least three (3) feet for the purpose of allowing an entrance and access by members of the Fire Department with one or more lines of fire hose. Front yard fences on corner lots shall comply with all the restrictions upon sight obstructions with respect to corner lots. Such front yard fence shall be constructed and maintained in an attractive condition to conform to the building and aesthetic standards of the zone and neighborhood in which such fence is located, and which fence shall not be constructed in a manner having sharp protrusions or other (dangerous) features, but shall be constructed so as to conform to accepted safety standards, with the Building Inspector being authorized hereby to enforce the maintenance of such standards, subject to the review by the Board of Zoning Appeals. Nothing contained in this Zoning Ordinance shall be deemed to prohibit the construction or maintenance of a fence of any height in connection with an authorized agricultural use. Trees, shrubs, flowers or plants shall be permitted in any required front, side or rear yard.

      (4)   Within any residential district (R-1, R-2, R-3, R-4, and RB), no person shall be permitted to park any motor vehicle in any front yard or use any part of a front yard for a parking space for any motor vehicle unless the following conditions are, met:

         A.    A parking pad shall be constructed with a minimum area of nine (9) feet by twenty (20) feet.

         B.   Each parking spot or pad shall be at least nine (9) feet wide and twenty (20) feet long per vehicle. The parking spot cannot encroach upon the sidewalk or entrance walk to the dwelling nor be within two (2) feet of the side lot line. if there is no sidewalk, the parking space shall not encroach upon the street right of way. If the right- of-way line is within two (2) feet of the curb, an additional front yard setback of two (2) feet shall be required.

         C.   The parking area and approach shall be properly drained, have an adequate sub-base, be surfaced with asphalt or concrete and shall be maintained by the property owner.

         D.   The use of the parking space shall be limited to passenger cars or pickup trucks only.

         E.   The approach to the parking area shall be by drop curb and heavy- duty concrete sidewalk as specified by the City Engineering Department.

         F.   All curb cuts and sidewalk replacements on City property shall be done by owner and the cost paid by the property owner prior to the start of the work based on engineering estimates.

         G.   A building permit is required before construction may begin for any such parking pad which shall be determined by an Engineering Department Official depending on the value of the work.

(Ord. 86-38. Passed 8-21-86.)

 

 

NOTE: No building or structure located in the DRPO District shall exceed the maximum height of sixty (60) feet.

 

   The land, buildings and structures located in the Distinguished Residential Professional Office District shall be used and maintained in accordance with the following regulations.

   (a)    Principal Permitted Uses.

      (1)   Residential.

         A.   One family detached dwellings.

         B.   Two family dwellings.

         C.   Garage apartments (limited to those existing at the time of the enactment of this section.)

         D.   Multifamily dwellings (limited to those existing at the time of the enactment of this section.)

   (b)    Signs, Regulations and Restrictions.

      (1)   Any sign which is commercial in nature that advertises the sale of a commercial product is prohibited;

      (2)   A sign which uses flashing lights, is rotating or moving or appears to be moving is prohibited;

      (3)   Non-illuminated instructional and identification signs, subject to the following limitations are permitted:

         A.   One identification sign, not exceeding uniform thickness of more than six (6) inches and 36" x 36" mounted flat against the front of building (or wall).

         B.   The material of the information sign shall consist of brass, bronze or similar metal;

      (4)   Signs that are commonly referred to as advertising billboards are prohibited;

      (5)   Non-illuminated real estate signs erected as ground signs not to exceed nine (9) square feet in area shall be permitted;

      (6)   Political campaign signs are permitted provided that such signs are Non- illuminated and are removed within thirty (30) days after an election date;

      (7)   Temporary business signs, not to exceed twelve (12) square feet and not to be displayed longer than thirty(30) days shall be permitted;

      (8)   Historical markers, provided that such signs do not exceed two (2) square feet in area and are appropriate in design and materials to the character and nature of the Distinguished Residential-Professional Office District are permitted;

      (9)   Direction and information signs of a public or quasi public nature are permitted.

   (c)   Off-Street Parking. See Article 1323.04, except as modified and listed herein below:

      (1)   All off-street parking shall be paved with either concrete, or a bituminous surface, as specified by the City Engineer.

      (2)   Off-street parking facilities shall not be located in any front yard or on any sidewalk.

      (3)   If the property does not have space enough for the required parking, the parking may be provided on a site which is within four hundred (400) feet of the property and approved by the Board of Zoning Appeals.

   In addition to the above listed regulations, the following regulations shall apply to businesses uses located in the Residential Business Districts. Business uses permitted in the RB districts shall be permitted by special exception in agreement with the following exceptions.

   (a)   Permitted Business Uses. All business uses permitted in the City’s B-3 district.

   (b)   Uses per Building or Lot. Any principal commercial building may contain more than one use and/or organization. Any lot may contain more than one principal structure, provided that each principal structure is located in a manner which will allow the possibility of subdividing the lot in a manner that each structure and resulting lot would conform to the zoning and subdivision requirements, including frontage on a public street.

Where any lot contains more than one principal building, all buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing a street or residential use shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block or concrete block walls. Preferred building materials include brick, wood, stone or other natural materials.

   (c)   Outdoor Storage. No merchandise, products, waste equipment or similar material or objects shall be displayed or stored outside,

   (d)    Off-Street Parking. Minimum off-street parking shall be provided as follows:

   (f)   Landscaping. All business uses in the RB districts shall be landscaped in agreement with the following standards.

      (1)   All portions of the property not utilized by buildings or paved surfaces shall be landscaped, with a combination of fencing, shrubbery, lawn area, ground cover, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or re-establish the tone to the vegetation in the area and lesson the impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated.

      (2)   Perimeter strips consisting of a landscape screen shall be provided between off-street parking areas and adjoining properties. The perimeter strip shall be composed of plants and trees arranged to form both a low level and a high level screen. The high level screen shall consist of trees planted with specimens of at least four (4) feet in height, and planted at intervals which will provide an overlapping foliage screen at maturity with a minimum mature height of fifteen (15) feet. The low level screen shall consist of shrubs or hedges planted at an initial height of not less than two (2) feet and spaced at intervals of not less than five (5) feet. The low level screen shall be placed in alternating rows to produce a more effective barrier. All plants not surviving two (2) growing seasons after planting, shall be replaced. Perimeter strips shall be a minimum of ten (10) feet wide and shall be protected by permanent curbing.

      (1)   Lights shall be directed toward the center and designed so as to prevent glare beyond the property line.

      (2)   The maximum height of free-standing light standards shall be twelve (12) feet.

      (3)   The following intensity standards shall apply:

         A.   Parking areas: an average of one and five (1.5) tenths foot candles throughout.

         B.   Intersections: three (3) foot candles.

         C.   Maximum to property lines: one and zero (1.0) tenths foot candles.

      (1)   Signs advertising a retail business, office, or other permitted use. Such signs shall be on premises signs and shall be erected on the site where such use is located.

         A.   The computation of the area of a sign shall include incidental decorative trim and the framework in addition to the portion devoted to the message and lettering.

         B.   For projecting or freestanding double faced signs, only one display face shall be measured in computing the total sign area where the sign faces are parallel or where the interior angle formed by the faces is forty-five degrees (45º) or less. Signs with sides forming an interior angle of more than forty-five degrees (45º) shall not exceed the maximum area permitted for such signs for all sides combined.

         C.   The area measure of each freestanding sign shall include all separate components, which shall not exceed a height of seven (7) feet from the ground level to the top of the sign and shall not exceed a height of nine (9) feet to the top of the sign support.

         D.   Wall signs which are part of the architectural design of a building, shall be restricted to an area not more than fifteen percent (15%) of the wall area, including windows and doors, of the wall upon which such sign is affixed or attached, and such signs shall not protrude above the structural wall of which it is a part. Where such sign consists of individual lettering or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.

      (2)   For all permitted uses in the district, a sign or signs may be erected in accordance with one of the following.

         A.   One freestanding sign up to ten (10) square feet plus one of the following:

            1.   One wall sign mounted flush on wall up to eight (8) square feet; or

            2.   One wall sign (when part of the architectural design of the building) consisting of individual letters or symbols not to exceed fifteen percent (15%) of wall area; or

            3.   One window sign consisting of individual letters or symbols not to exceed thirty percent (30%) of the total glass area of the building front.

   OR

         B.   One projecting sign projecting not more than five (5) feet from the wall up to ten (10) square feet in size, plus one of the following:

            1.   One wall sign mounted flush on wall up to eight (8) square feet; or

            2.   One wall sign (when part of the architectural design of the building) consisting of individual letters or symbols not to exceed fifteen percent (15%) of wall area; or

            3.    One window sign consisting of individual letters or symbols not to exceed thirty percent (30%) of the total glass area of the building front.

         If building fronts upon more than one street, one additional sign in conformity with either subsection (i)(2)A. or B. 1, 2 or 3 hereof may be permitted on each street frontage.

         A.   The size of such sign may not exceed twelve (12) square feet per side.

         B.    Applications for a temporary sign permit shall be made to the City Zoning Officer accompanied by the required permit fee and an escrow deposit to be set from time to time by ordinance of the City Council, as a guarantee that temporary signs shall be promptly and completely removed at the end of the authorized period. If such signs are not promptly removed at the end of the authorized period, the City will then have them removed and forfeit the sum deposit to reimburse the expense incurred in the removal.

         A.   Off-premises signs (billboards).

         B.   Flashing, rotating, or revolving signs with the exception of barber poles.

         C.   Roof signs.

         D.   Any signs suspended between poles and illuminated by a series of lights.

         E.   Any sign erected on a tree or utility pole or painted or drawn on any natural feature.

         F.   Any banner sign or sign of any other type across a public street or on any private property, except for such signs which are approved by the City Council to be of general benefit to the municipality or for public convenience, necessity or welfare.

         G.   Signs which contain, include, or are illuminated by any flashing, intermittent or moving light or light except those giving public service information such as time, date, temperature, weather, or similar information.

   (a)   Single-family dwelling in R1 and R2 Districts may be converted to two-family dwellings only after being granted a special exception to do so by the Board of Zoning Appeals. In determining whether such special exception should be granted, the Board shall make the following findings:s

      (1)   That the subject dwelling meets all dimensional standards for two-family dwellings found located in R3 and R4 Districts, including vehicular parking standards; and

      (2)   That such conversion will not alter the aesthetics and essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

   (b)   Single-family dwellings and two-family dwellings in R3 and R4 Districts may be converted to multi-family dwellings only after being granted a special exception to do so by the Board of Zoning Appeals. In determining whether such special exception should be granted, the Board shall make the following findings:

      (1)   That the subject dwelling meets all dimensional standards for multi-family dwellings found located in R4 Districts, including vehicular parking standards; and

      (2)   That such conversion will not alter the aesthetics and essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

         (Ord. 98-38. Passed 12-3-98.)

   (a)   "Home occupation" means any business enterprise:

      (1)    Conducted in a residential zone and entirely on the residential property;

      (2)    Participated in solely by family members or relatives residing at the residentially zoned property with only one nonresident of said property; and,

      (3)    Constituting a use subordinate to the residential use of the property.

 

   (b)   Further, the home occupation use shall not change the character of the residential property as a residence. By definition, a home occupation use shall not:

      (1)    Change the outside appearance of any buildings or structures on the residential property as visible from the street.

      (2)    Create any safety hazard or nuisance as defined in the Codified Ordinances of the City of Clarksburg.

      (3)    Result in any outside storage or display.

      (4)    Make use of any accessory building on the property other than for storage.

      (5)    Result in any signage identifying the home occupation use on the property.

      (6)    Result in the utilization of any more than 300 square feet of the dwelling.

      (7)    Result in pedestrian or vehicular traffic of any kind between the hours of 8:00 p.m. and 8:00 a.m.

         (Ord. 95-6. Passed 3-2-95.)

   All home occupation uses shall be classified as either a major home occupation use or a minor home occupation use.

(Ord. 95-6. Passed 3-2-95.)

   (a)   Minor home occupation uses are those uses which do not:

      (1)    Involve any significantly increased pedestrian or vehicular traffic other than normal mail or parcel service delivery.

      (2)    Result in any appreciable additional usage of water or sewer service, or

      (3)    Require the creation of any additional parking of any kind.

   (b)   Minor home occupations include but are not limited to:

      (1)    Dressmaking, sewing and tailoring, provided that no pressing or cleaning is done on the premises.

      (2)    Home craft making including painting or sculpturing.

      (3)    Telephone answering.

      (4)    Tutoring for not more than one student at one time including musical or artistic instruction.

      (5)    Computer programming.

      (6)    Any other similar uses as determined acceptable by the City Engineer and the City Manager.

         (Ord. 95-6. Passed 3-2-95.)

   (a)   Major home occupation uses are those uses which:

      (1)    Result in some increase in pedestrian and vehicular traffic; or

      (2)    Require some additional parking either on street or off street; or

      (3)    Result in some additional usage of water and sewer services.

(b)   Major home occupation uses include but are not limited to:

      (1)    Professional offices of a member of a recognized profession such as a single practitioner in the field of law, accounting, dentistry or insurance.

      (2)    Barber shops or beauty shops. Barber shops and beauty shops must have adequate off street parking as determined by the City Engineer to be eligible for a home occupation use.

      (3)    Repair of watches and jewelry.

      (4)    Small scale printing or photographic services.

      (5)    Billing services.

      (6)    Similar uses as determined by the City Engineer and approved by the City Manager.

         (Ord. 95-6. Passed 3-2-95.)

   (a)    For minor home occupation uses, the following process shall be followed:

      (1)    Any applicant must complete an application as designed by the City Engineer.

      (2)    The City Engineer shall review the application and may consult the City Manager. If the applicant meets the criteria for a minor home occupation use, the City Engineer will investigate the property to determine compliance with the ordinance provisions as set forth in this article.

      (3)    The City Engineer will then notify by certified mailing all property owners within 200 feet from any direction of the applicant's property of the submission of an application and request comment within 20 days either orally or in writing from the property owners.

      (4)    If the surrounding property owners make no objections within 20 days, the City Engineer may proceed with the application. If objections are noted, the City Engineer shall review those comments with the City Manager who will then determine if the application should be forwarded to the Board of Zoning Appeals.

      (5)    If the application complies with the above requirements in all respects, a home occupation permit may then be issued if and only if the premises has been inspected to determine compliance with building, zoning and fire codes and all other requirements of this article.

      (6)    If a permit is granted, the City Engineer shall notify the Finance Director of such action. A business license must then be obtained from the Finance Director by following the licensing procedures set forth in Article 711.

      (7)    The City Engineer or his agents shall periodically (at least once every six months) review the use to assure compliance. The City Engineer or his agents shall have the right to enter onto the property where the home occupation use is located.

      (8)    If the applicant at any time ceases to comply with the requirements set forth in this article, the City Engineer shall advise the City Manager who may then revoke the minor home occupation use permit and the business license issued and require the applicant to follow the procedures for a major home occupation use. Notification of the revocation of a home occupation use permit and business license shall be by certified mail.

   (b)    For a major home occupation use, the following process shall be followed:

      (1)    The applicant shall complete an application as designed by the City Engineer.

      (2)    The City Engineer in conjunction with the City Clerk shall schedule the matter for a hearing before the Board of Zoning of Appeals.

      (3)    Notice of the public hearing shall be forwarded by way of certified mail to all property owners within 200 feet from any direction of the property.

      (4)    Prior to the hearing, the City Engineer shall investigate the application and submit a written recommendation to the Board of Zoning Appeals.

      (5)    Prior to the approval of the application, the Board of Zoning Appeals shall be required to make a finding of each of the following:

         A.   Minimal impact on the quality of life of the neighborhood;

         B.   Minimal or negligible impact on the on street parking in the neighborhood;

         C.   Minimal or negligible impact on the City's infrastructure (i.e. water/sewer services);

         D.   Minimal pedestrian and vehicular traffic; and,

         E.   Incidental use of the property for the home occupation.

The Board of Zoning Appeals shall also closely examine, review and consider the written recommendations of the City Engineer, if any.

      (6)    Following the public hearing, the Board shall either approve or deny the application and state findings of fact prior to rendering its decision. Any applicant who is denied a major home occupation use permit shall have a right of appeal to the Circuit Court of Harrison County.

         (Ord. 95-6. Passed 3-2-95.)

   Applications and petitions filed pursuant to the provisions of this Zoning Ordinance shall be accompanied by the filing fees hereinafter specified:

   The fee for a minor home occupation permit is $125.00. The fee for a major home occupation permit is $250.00. The permit fee shall be paid to the City Finance Director prior to receipt of the permit by an approved applicant.

(Ord. 16-15. Passed 4-21-16.)

   No license shall be issued regardless of zoning approval unless and until approval is received from the City Engineer and the premises have been inspected to determine compliance with the building, health and fire safety codes.

(Ord. 95-6. Passed 3-2-95.)

   If the City Engineer or City Inspector determines that the home occupation use violates any provision of these regulations, the home occupation license and the business license shall be suspended until the violations are corrected. Fines may also be imposed.

(Ord. 95-6. Passed 3-2-95.)

   The City Manager may, at his discretion, promulgate rules and regulations for the enforcement of these provisions.

(Ord. 95-6. Passed 3-2-95.)

   Five districts, B1, B2, B3, B4, and CBD are established to meet the specific requirements for the several classes of business uses needed to give adequate service throughout the City as related to present and future development. Single, two-family and multi-family dwellings are permitted uses in all of the business districts except the B3 and B4. All residential uses permitted in the business districts are subject to the requirements of Section 1323.04. The specific require ments for business uses in these districts are given in Sections 1327.05, 1327.06, 1327.07 and 1327.08. For contingent uses permitted in the business districts, see Section 1335.08 and for special exceptions see Section 1339.04. A brief description of the business districts follows:

      (Ord. 97-9. Passed 9-4-97.)

   The business uses defined below are permitted in the districts indicated in Section 1327.05 when complying with the requirements specified in Sections 1327.05, 1327.06, 1327.07 and 1327.08, subject to the provisions of Section 1327.03.:

   (a)   A local business use is one which is primarily of a retail or service nature and is classified in the following categories:

         A.   Filling station

         B.   Commercial parking structure

         C.   Commercial parking lot

         D.   Sales room

         E.   Open area for automobile or trailer sales

      (2)    Business service. (including but not limited to the following)

A.   Bank

         B.   Office building

         C.   Postal station

         D.   Telegraph office

         E.   Telephone exchange

         F.   Utility company business office

      (3)   Clothing service. (including but not limited to the following)

         A.   Laundry agency

         B.   Self-service laundry

         C.   Dry cleaning establishment using not more than two clothes cleaning units, neither of which shall have a rated capacity of more than forty pounds using cleaning fluid which is nonexplosive and nonflammable

         D.   Dress

         E.   Millinery

         F.   Tailor and pressing shop

         G.   Shoe repair shop

      (4)   Equipment service. (including but not limited to the following)

         A.   Radio or 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

         H.   Roadside sales stand

      (6)   Personal service. (including but not limited to the following)

         A.   Barber shop

         B.   Beauty shop

         C.   Reducing salon

         D.   Photographic studio

      (7)   Retail service, retail stores generally. (including but not limited to the following)

         A.   Drug store

         B.   Hardware

         C.   Stationer

         D.   Newsdealer

         E.   Show room, for articles to be sold at retail

         F.   Commercial greenhouse not exceeding one thousand (1,000) square feet in area.

         G.   Apparel shop

         H.   Flower shop

      (8)   Business recreational uses.

         A.   Indoor theater

         B.   Bowling alley

         C.   Billiard room

         D.   Dancing academy

         E.   Brew Pub, tavern or night club, only in conformity with requirements of laws or ordinances governing such use.

      (9)   Private club or lodge.

      (10)   Department store.

      (11)   Advertising sign or billboard.

      (12)   Accessory building or use customarily incident to the above uses. Any building used primarily for accessory purposes may not have more than forty percent (40%) of its floor area devoted to storage purposes incidental to such primary use, and provided that no more than five persons are employed at one time or on any one shift in connection with such incidental use.

         Local business uses, subsections(a)(2) through (10) and (12) hereof, shall be conducted within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines, of the building. (Ord. 23-17. Passed 7-20-23.)

   (b)   A general business use including accessory buildings and uses includes the uses, specifically dated or implied, as follows:

      (1)   Local business uses

      (2)   Hotel

      (3)    Storage warehouse

      (4)   Wholesale establishment

      (5)    Motor bus or railroad passenger station

      (6)   Veterinary hospital for small animals and kennel

      (7)   Automobile repair, entirely within enclosed buildings

      (8)   Any business use not specifically stated or implied elsewhere in this Ordinance and complying with the above definition, is not permitted without a hearing and a decision made by the Board of Zoning Appeals.

   (c)   A restricted business use is one which is primarily of a retail or service nature and is classified in the following categories:

      (1)    Automobile Service

         A. Filling Station

      (2)   Business Service

         A. Bank

         B. Office building

         C. Postal station

         D. Utility company business office

      (3)   Clothing Service

         A. Laundry agency (pick-up only)

         B. Dressmaking

         C. Millinery

      (4)   Equipment Service

         A. Radio or television shop

         B. Electric appliance shop

         C. Record shop

      (5)   Food Service

         A. Restaurant

         B. Delicatessen

         C. Bakery

      (6)   Personal Service

         A. Barber shop

         B. Beauty shop

         C. Reducing salon

         D. Photographic studio

      (7)   Retail Service

         A. Drug store

         B. Hardware store

         C. Apparel shop

         D. Flower shop

         E. Stationary Shop

Other provisions and requirements for business uses are as follows:

   (a)   Parking and Loading Areas.

      (1)   Parking spaces shall be provided on the lot, or within three hundred (300) feet thereof on a site approved by the Board, as indicated in 1327.06.

      (2)    Loading and unloading berths shall be provided on the lot as indicated in 1327.07.

      (3)   Parking requirements shall not apply in a block where fifty percent (50%) or more of the area was occupied by business or industrial structures at the time of passage of this Zoning Ordinance, except where changes in use occur which will require additional parking. This exception may be waived by City Council in the CBD district.

      (4)   Groups of uses requiring parking space may join in establishing group parking area with capacity aggregating that required for each participating use.

      (5)   Public parking area and loading and unloading berths shall be paved with a bituminous or concrete hard surface.

      (6)   Loading and unloading berths shall not be required for business uses which demonstrably do not receive or transmit goods or wares in quantity by track delivery.

      (7)   Parking and accessory uses are permitted in the required front yard in the B1 Districts. (1969 Code §27-29)

      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. (1969 Code §27-28)

   (a)   The seven local business uses listed in Section 1327.02 (c) are permitted in the "B3" District and subject to compliance with the following requirements and procedures:

      (1)   The owner or owners of such tract of land shall have obtained approval of the Board of Zoning Appeals in accordance with the procedure set forth in Article 1339 and the requirement standards in Section 1339.04.

(1969 Code §27-30)

   (b)   The twelve (12) local business uses listed in Section 1327.02 (a) are permitted in the “B4" District.

      (1)    The owner or owners of such tract of land shall have obtained approval of the Board of Zoning Appeals in accordance with the procedure set forth in Article 1339 and the requirement standards in Section 1339.04.

(1969 Code §27-30)

   *May be permitted as a Special Exception in accordance with the requirements specified in Article 1339.

(1969 Code Zoning Charts Figure 3)

(1969 Code Zoning Charts Figure 4)

   Residential use of the upper stories of commercial buildings in the CBD District shall be permitted only when the following standards are met:

   (a)   The space available for such residential use occupies an aggregate space equal to a minimum of fifty percent (50%) of the aggregate first floor gross floor area of such commercial building;

   (b)   No part of a residential floor is used for commercial purposes;

   (c)   Such upper floors meet all standards for multi-family dwellings permitted in the CBD District; and

   (d)   Such structure has separate outside entrances for residential and commercial uses.

      (Ord. 98-37. Passed 12-3-98.)

   Two districts, I1 and I 2, are established to meet the present and future needs of the City for industrial development. Residential use is permitted in the I1 District, but is excluded from the I 2 District. Where permitted, residential and business uses must conform to the requirements set forth for them in Sections 1323.04 and 1327.05 respectively. The specific requirements for industrial uses in these districts are given in Sections 1331.07 and 1331.08. For contingent and special exceptions in the Industrial Districts see Sections 1335.03 and 1339.04. A brief description of the industrial districts follows:

   (a)   The industrial uses defined in this article, including accessory buildings and uses, are permitted in the districts indicated in Section 1331.07 in accordance with the requirements of this Zoning ordinance. (1969 Code §27-34)

   (b)   No activity involving the storage, utilization or manufacture of materials or product which decompose by detonation shall be permitted unless specifically licensed by Council, and then only in the I 2 District. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal. Such materials shall include, but are not limited to, all primary explosives such as lead, azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, telrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than thirty-five percent (35%) and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.

   (c)    The restrictions of this section shall not apply to:

      (1)   The activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line;

      (2)   The operation of motor vehicles or other facilities for the transportation of personnel, materials or products;

      (3)   Conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies;

      (4)   Safety or emergency warning signals or alarms necessary for the protection of life, limb or property;

      (5)   Processes for which there are no known means of control shall be exempted from these provisions.

      Research shall be promptly conducted to discover methods of control leading to installation of corrective equipment. (1969 Code §27-35)

   (d)   The performance standards applicable to the district in which an operation or facility is located shall be used in determining the compliance or non-compliance of such operation or facility with such standards. (1969 Code §27-33)

   (e)   “Video lottery or gaming establishment” means an establishment at which any form of gambling of chance is permitted or played, including “video lottery” machines licensed by the West Virginia Lottery Commission pursuant to §29-22B of the West Virginia Code, provided that any such establishment that offers limited video lottery shall not be located within one thousand (1,000) feet of any residential zone, school, church or place of worship, park, community center, or facility, recreation center or facility, public building, public arena or any other similar structure or any other structure which houses an establishment that offers or provides limited video lottery as measured in a straight line from the nearest point of the wall of the establishment offering limited video lottery to the nearest property line of a lot within a residential zone or the nearest property line of any school, church or place of worship, park, community center or facility, recreation center or facility, public building, public arena or any other similar structure or any other structure which houses an establishment that offers or provides limited video lottery. Provided that, nothing in this subsection shall be construed to limit or prohibit charitable organizations from holding charitable bingo or charitable raffles conducted pursuant to the provisions of Articles Twenty and Twenty-One of Chapter Forty-Seven of the West Virginia Code. For purposes of this section, a “place of worship” shall be defined as an institution which qualifies as tax exempt under the provision of 26 U.S.C. §501(c)(3), within which weekly religious services are offered to the congregation and/or the general public.

(Ord. 06-1. Passed 2-2-06.)

   For the purpose of this article, certain terms and words shall be interpreted and defined as follows:

   (a)   "Decibel" means a unit of measurement of the intensity of loudness of sound. Sound level meters are used to measure such intensities and are calibrated in decibels.

   (b)   "Flash point" means the lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will burn momentarily using the closed cup method.

   (c)   "Foot-candle" means a unit of illumination equivalent to the illumination at all points which are one foot distant from a uniform source of one candlepower.

   (d)   "Free burning" means a rate of combustion described by a material which burns actively and easily supports combustion.

   (e)   "Intense burning" means a rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.

   (f)   "Moderate burning" means a rate of combustion described by a material which supports combustion and is consumed slowly as it burns.

   (g)   "Octave band" means all of the frequencies from one given frequency to a second. In sound octave bands, the second frequency is usually twice the first one.

   (h)   "Octave band filter" means an electrical device which separates the sounds in each octave band and presents them to the sound level meter.

   (i)   "Particulate matter" means finely divided liquid or solid material which is discharged and carried along in the air.

   (j)   "Residence district" means a district designated primarily for residential use in this Zoning Ordinance.

   (k)   "Resultant displacement" means the maximum amount of motion in any direction and shall be determined by means of any three component (simultaneous) measuring system approved by the Planning Commission.

   (1)   "Ringelmann number" means the number of the area on the Ringelmann chart that most nearly matches the light-obscuring capacity of smoke. The Ringelmann chart is described in the U. S. Bureau of Mines Information Circular 6888, on which are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringelmann No. 1 shall be considered no smoke or Ringelmann No. 0.

   (m)   "Slow burning or incombustible" means materials which do not in themselves constitute an active fuel for the spread of combustion, or a material which will not ignite, nor actively support combustion during an exposure for five (5) minutes to a temperature of 1200°F.

   (n)   "Smoke" means small gas borne particles resulting from incomplete combustion, consisting predominantly of carbon and other incombustible material, excluding metallurgical fume and dust, and present in sufficient quantity to be observable independently of the presence of other solids.

   (o)   "Smoke unit" means the number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed. The various products are then added together to give the total number of smoke units observed during the entire observation period.

   (p)   "Three component measuring system" means instrumentation which can measure earth borne vibrations in three directions, that is, vibration occurring in a horizontal as well as a vertical plane.

   (q)   "Vibration" means oscillatory motion transmitted through the ground.

(1969 Code §27-31)

   A light industrial use is one which creates a minimum amount of nuisance outside the plant; is conducted entirely within enclosed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings; provides for enclosed loading and unloading berths; and such use conforms to the following performance standards:

      (1)   Determine the maximum emission in pounds per hour for each source of emission and divide this figure by the number of acres of lot area, thus obtaining a gross hourly emission rate per acre.

      (2)   Deduct from the gross rate derived above, the appropriate correction factors for height of stack and stack velocity as listed in Tables I and II hereof, thus obtaining the net rate of emission in pounds per hour per acre of each source.

      (3)   Add together the individual rates of emission derived above of each source to obtain the total net rate of emission from all sources within the boundaries of the lot. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing or other acceptable means.

Q = 36 Cx2

Q is the maximum permitted quantity of toxic material emitted in the four-hour period having the greatest average concentration (cubic feet);

 

 

 

 

*Interpolate for intermediate values.

C is the threshold limit value of toxic materials in industry (parts per million by volume) as set forth in "Threshold Limit Values for Toxic Materials in Industry" issued by the West Virginia Department of Health*; x is the nearest distance in thousands of feet of the stack, vent, flue or other discharge point to a residence or business district boundary line

  

   ( ft).

   1000

 

 

The above tabulation is for steady state vibration defined as continuous vibration in contrast to discrete pulses. Impact vibration, that is, discrete pulses which do not exceed one hundred (100) impulses per minute, shall not produce in excess of twice the displacement stipulated above.

*From the American Conference of Governmental Hygienists, American Medical Association, Archives of industrial Health, published August, 1958.

 

 

      The prescribed limits of Column I are applicable between the hours of 8:00 a.m. and 6:00 p.m. At other times the allowable levels shall be reduced by six decibels in every octave band.

      Sound levels shall be measured with a sound-level meter and associated octave band filter, manufactured in compliance with standards prescribed by the American National Standards Institute. When sounds are of such short duration as not to be measured accurately with the sound-level meter, the impact noise analyzer as manufactured under standards of the American National Standards institute shall be used to determine the peak value of the impact. Impacts shall meet the noise performance standards.

      The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following condition is met: Such materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

      The storage, utilization or manufacture of flammable liquids or gases* which produce flammable or explosive vapors, shall be permitted in accordance with TABLE III, exclusive of storage of finished products in original sealed containers:

 

(Footnote for 1331.04(h) and Table III.)

*When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet (at S. T. P.) permitted shall not exceed three hundred (300)times the quantities listed above. (1969 Code §27-37)

   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 and land and/or buildings in this district shall be used so as to comply to the following performance standards:

      (1)   Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thus obtaining a gross hourly emission rate per acre.

      (2)   Deduct from the gross rate derived above, the appropriate correction factors for height of stack and stack velocity as listed in Tables IV and V hereof, thus obtaining the net rate of emission in pounds per hour per acre of each source.

      (3)   Add together the individual rates of emission derived above of each source to obtain the total net rate of emission from all sources within the boundaries of the lot.

   Dust and other types of air pollution, borne by the wind from such sources as storage area, yards, roads and the like within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited.

 

 

 

*Interpolate for intermediate values.

Q = 90 Cx2

Q is the maximum permitted quantity of toxic material emitted in the four-hour period having the greatest average concentration (cubic feet); C is the threshold limit value for toxic materials in industry (parts per million by volume) as set forth in "Threshold Limit Values For Toxic Materials in Industry", issued by the West Virginia Department of Health*; x is the nearest distance in thousands of feet of the stack, vent, flue or other discharge point to a residential or business district boundary line ( ft. ).

1000

When C is given as milligrams per cubic meter, multiply this figure by 0.061, place it in the above formula and obtain Q in pounds permitted in four (4) hours. If the material is emitted from open piles, ponds, areas, etc., the maximum permitted concentration measured at a residence district boundary line shall be twenty-five percent (25%) of the threshold limit value C.

Vibration shall be expressed as resultant displacement in inches.

*From the American Conference of Governmental Hygienists, American Medical Association, Archives of Industrial Health, published August, 1958.

 

 

The tabulation above is for steady state vibration, defined as continuous vibration in contrast to discrete pulses. Impact vibration, that is, discrete pulses which do not exceed one hundred impulses per minute, shall not produce in excess of twice the displacement stipulated above.

 

      The prescribed limits of Column I are applicable between the hours of 8:00 a.m. and 6:00 p.m. At other times the allowable levels shall be reduced by six (6) decibels in every octave band.

      Sound levels shall be measured in the manner prescribed for this standard for a Light Industrial Use.

      The storage, utilization or manufacture of inflammable liquids or gases* which produce flammable or explosive vapors shall be permitted in accordance with TABLE VI, exclusive of storage of finished products in original sealed containers.

 

   When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet (at S. T. P.) permitted shall not exceed three hundred (300) times the quantities listed above. (1969 Code §27-36)

   Other provisions and requirements for light industrial and industrial uses are as follows:

   (a)   Parking, Loading and Unloading Berths.

      (1)   Each industrial use shall provide parking space for each three (3) employees located on the same lot as the use, or within three hundred (300) feet on a site approved by the Board of Zoning Appeals.

      (2)   Each industrial use shall provide loading and unloading berths located on the same lot as the use, as specified in Section 1331.07.

      (3)   Parking space requirements may be waived by the Board where fifty percent (50%) or more of the area in a block was occupied by business or industrial structures at the time of passage of this Zoning Ordinance.

      (4)   Groups of uses requiring parking space may join in establishing group public or employee parking areas with capacity aggregating that required for each participating use. (1969 Code §27-40)

      (1)   The building height requirement in Section 1331.07 may be increased if the buildings are set back, from front and rear property lines, one foot for each two (2) feet of additional height above the maximum building height requirements.

      (2)   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. (1969 Code §27-39)

(Ord. 84-13. Passed 4-19-84.)

(1969 Code Zoning Chart Figure 6)

   (a)   Contingent uses defined below, including accessory buildings and uses, are permitted in the districts indicated in Section 1335.03. (1969 Code §127-43)

   (b)   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 in Section 1335.03, subject to the requirements herein. The required number of parking spaces shall be provided on the same lot with the use, or within three hundred (300) feet hereof on a site approved by the Board of Zoning Appeals and provided further that:

      (1)   There shall be no sales, dead storage, repair work, dismantling or servicing of any kind on such parking lot.

      (2)   Entrances and exits shall be approved as to location by the Board.

      (3)   No parking shall be permitted nearer than two (2)feet from the front or side lot line.

      (4)   Except for approved entrances and exits, the Board may require the erection of a wall, not to exceed five (5) feet in height, to conform to the required front yard line and along boundary lines of the parking lot for the protection of adjoining residentially zoned or used property.

      (5)    The lot shall be surfaced with a bituminous or concrete surface.

      (6)   Lighting facilities, if provided, shall be so arranged as to be reflected away from residentially zoned or used property.

      (7)   If at any time after the issuance of the required permits, any of the provisions of this article are not complied with, the permits shall be revoked.

      (8)   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.

      (9)   Open parking area shall be paved with a bituminous or concrete surface.

(1969 Code §27-42)

   (a)   The maximum building height for contingent uses shall be as provided in Section 1335.04.

   (b)   The maximum height requirement in Section 1335.04 may be increased if buildings are set back from front and rear property line, one foot for each two (2) feet of additional height above the maximum requirement.

   (c)   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.

   (a)   Collective provision of off-street parking and loading facilities by two (2) or more buildings or uses located on adjacent lots is permitted to allow for the sharing of such facilities for commercial and multiple use centers according to the following schedule:

      (1)   For buildings or groups of uses of less than ten thousand (10,000) square feet, the total parking and loading facilities shall not be less than the sum of the requirements for the various individual uses computed separately.

      (2)   Where the total area of nonresidential use is greater than ten thousand (10,000) square feet, but not less than thirty thousand (30,000) square feet, the total number of parking spaces provided shall equal one (1) car for every two hundred (200) square feet of building floor area. Additional parking shall be provided for residential uses built in conjunction with a center of this size and shall equal at least one and one-half (1.5) spaces for each dwelling unit. Off-street loading facilities may be based on documented, actual use of facilities similar to the combined uses or the total as required if calculated as separate uses.

      (3)   Where the total non-residential use is greater than thirty thousand (30,000) square feet, the number of off-street parking spaces provided shall equal five and one-half (5.5) cars for every one thousand (1,000) square feet of building floor area. Off-street loading facilities may be based on documented, actual usage of facilities similar to the combined uses or the total as required if calculated as separate uses. In centers of this size, which in addition to retail shops and services contain residential and/or office spaces, additional parking shall be provided according to the following:

         A.   Residential: one parking space for each dwelling unit.

         B.    Office: one parking space for each three hundred (300) square feet of building floor area which exceeds twenty percent (20%) of the total gross floor area of the non-residential uses.

   (a)   A one-way vehicle movement (to the left or counter clockwise) is encouraged.

   (b)   Where more than five (5) parking spaces are required by this Ordinance, each parking space shall be accessed by a parking aisle. If five (5) or less parking spaces are required, a parking aisle does not have to be provided, however, an additional ninety (90) square feet per parking space shall be required for turning access and this space shall be located directly behind the parking stall. In no event shall any parking spaces be proposed or constructed which requires the vehicles to back onto a road or access road.

   (c)   Parking areas or lots providing for more than sixty (60) motor vehicle spaces shall be subdivided into modular bays or lots of not more than sixty (60) spaces each. The parking module length shall not exceed three hundred (300) feet without a cross aisle for vehicular circulation.

   (d)   Where feasible, parking lots and parking modules shall be placed to the rear and/or the side of buildings.

   (e)   Raised parking islands shall be constructed at the ends of parking modules which are composed of thirty (30) or more spaces. Such parking islands shall be the width of the parking bay and shall effectively separate the parking module from circulation or perimeter access ways. Such parking islands shall be, at a minimum, one(1) foot in height and ten (10) feet in width. Landscaping which does not interfere with sight distances for vehicles is encouraged for such islands.

   (f)   Circulation within the lot should provide a consistent search pattern that enables vehicles to circulate as needed. No interior road, circulation road, or parking aisle shall be permitted which does not have a functional exit. Dead-end roads and aisles shall not be permitted unless an adequate turnaround is provided for vehicles.

   (g)   The following requirements apply to interior circulation roads and perimeter roads which are not considered parking access aisles.

      (1)   The minimum width of each lane shall be twelve (12) feet and the maximum width of each lane, shall be fifteen (15) feet.

      (2)   The roadway shall be marked and lined in accordance with the most recent and applicable West Virginia Department of Transportation guidelines.

      (3)   Intersections of more than two (2) streets shall not be permitted.

      (4)   Minimum street intersection angles shall be sixty degrees (60º). If possible, intersections shall intersect at ninety degrees (90º).

      (5)   The maximum grade of interior circulation roads and perimeter roads shall be not less than one percent (1%) or not more than ten percent (10%).

      (6)   Traffic control devices such as traffic lights, stop signs, and pavement markings shall be constructed in accordance with recommendation from the City Engineer.

      (7)   The cartway shall be constructed of asphalt or concrete in accordance with the most recent and applicable West Virginia Department of Transportation guidelines concerning local roadway construction.

   (h)   Sidewalks between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic may occur, shall be provided with an asphalt or concrete sidewalk, minimum width of four (4) feet of passable area and raised six (6) inches or more above the parking lot area except where crossing streets or driveways. At points of intersection between pedestrian and motorized lines of travel, and at other points where necessary to avoid abrupt changes in grade, a sidewalk shall slope gradually so as to provide an uninterrupted line of travel. Guard rails and wheelstops permanently anchored to the ground shall be provided in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk areas, unless an additional sidewalk width of two and one-half (2.5) feet is provided to accommodate such overhang.

   (i)   All parking areas, access drives, circulation roads, and perimeter roads shall be properly drained.

   (j)   Parking areas shall be landscaped to minimize noise, glare, and other nuisance characteristics as well as to enhance the environment and ecology of the site and the surrounding area. Parking lot landscaping shall be in accordance with Article 1335B of this Ordinance.

   (k)   Lighting for parking areas and access drives shall be provided in accordance with the regulations in this subsection.

      (1)   In parking areas of thirty (30) or more parking spaces (except day time parking areas) exterior lighting of the parking area shall be required. Areas which are developed as outdoor stadiums, parks, recreation areas, or similar uses, may request that City Council reduce or eliminate the requirements for lighting. The decision to reduce or eliminate the lighting requirement shall lie solely with City Council.

      (2)   Driveway intersections with main roads or access roads shall be lighted to provide three (3) footcandles of illumination. The parking lot area shall be lighted to provide a total average of one-half footcandles of illumination throughout the parking area.

      (3)   All proposed lighting shall be shielded in such a manner to not create a hazard or nuisance to the adjoining properties or the traveling public.

      (4)   The maximum height of light poles shall be thirty-five (35) feet measured from the parking lot surface.

      (5)   No wiring required for light poles shall be open or above ground.

   (l)   Loading and unloading facilities shall be provided in accordance with Section 1339.04.

   (m)   Adequate fire lanes shall be provided as required by City Council with recommendation from the City Fire Department.

   (n)   Where the proposed topography of the site presents danger to vehicles utilizing the site, after recommendation from the City Engineer, City Council may require a developer to install guard rails or other safety features to ensure the safety of the traveling public.

   (o)   Adequate standby/stacking lanes shall be provided to serve as reservoir capacity for drive in uses such as drive-in restaurants, banks with drive in service, car washes, and gasoline stations, in accordance with the following table. The term "space" used in the following table shall be defined as the minimum required parking space area as defined by this Ordinance.

 

 

   (a)   The number of parking spaces required for new or additional construction or development shall be governed by Section 1335.04.

   (b)   The minimum width (in feet) of access aisles providing direct access to individual parking stalls shall be in accordance with the following table.

 

 

   (c)   In outdoor parking or service areas for uses open to the public, parking spaces shall be marked with double stripes between spaces with lines eighteen (18) inches on center. The lines shall be four (4) inches wide and shall either be yellow or white in color. Such areas shall be curbed with permanent and durable curbing to confine cars to striped parking and the cars shall not overhang or project onto sidewalks, driveways, planted areas, or adjacent landscaped areas.

   (d)   Each individual parking space shall be accessible directly from a parking aisle access way. Parking shall not be constructed which proposes to park any car which cannot be moved unless another vehicle is moved.

   (e)   Each individual parking space shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet.

   (f)   Individual parking spaces which, because of their angle with respect to the parking aisle and the design of the parking stall, shall increase the length of the parking stall in order for the parking stall to include twenty (20) feet of usable length. When the front or rear of a parking stall is not composed of right angles with an adjacent parking stall, landscaped area, or parking aisle, the parking space shall be measured from the point closest to the front or rear of the stall where two right angles can be drawn. From the point where the two right angles can be drawn, the length of the parking stall shall be twenty (20) feet.

   (g)   Areas which may be computed as open or enclosed off- street parking spaces may include any private garage, carport, or other area available for parking which meets the requirements of this Ordinance, other than a street, access lane, or driveway. However, a driveway may be utilized for parking for a single-family residential dwelling.

   (h)   Handicapped parking spaces shall be provided in accordance with the United States Americans With Disability Act (Public Law 101-336) or the Uniform Federal Accessibility Standards (UFAS). The general layout, marking, and signing shall be in accordance with these requirements. Handicapped spaces shall be located as near as possible to entrances of buildings.

   (i)   If parking for bicycles, motorcycles, or mopeds is proposed, it shall be in accordance with the following requirements.

      (1)   Bicycle spaces shall be, at a minimum, two and one-half (2½) feet wide and six (6) feet long. Motorcycle and moped spaces shall be, at a minimum, three and one-quarter (3¼)feet wide and seven (7) feet wide.

      (2)   The bicycle, motorcycle, or moped parking facilities shall be paved and lighted in accordance with applicable provisions of this article.

      (3)   Such parking facilities shall not be placed so as to interfere with pedestrian traffic or vehicular traffic.

      (4)   Such parking facilities shall be adequately signed to identify such facilities to potential users.

   (a)   In general, access driveways shall be designed, placed, and constructed to facilitate efficient and safe traffic flow to and from sites. For all developments, unobstructed access to and from a street or access road shall be provided. Access to and from all developments shall be defined and in no event shall any part of any lot frontage be utilized as access except the defined access points. Any frontage which is not defined access shall be maintained in a manner which prevents vehicles from accessing the development from such points.

   (b)   For small developments or developments which do not create large volumes of traffic, the number of access driveways shall be limited in number. For large developments or developments which create large numbers of traffic, such as regional shopping centers, access should be provided from as many surrounding streets as feasible.

   (c)   Separate access drives shall be provided for both vehicular ingress to and egress from the development. Each access lane, at a minimum, shall be twelve (12) feet in width, and at a maximum, fifteen (15) feet in width.

   (d)   Where the ingress and egress access drives are located at one combined access point, the ingress and egress drives shall be separated by a raised median strip. Said strip shall be, at a minimum, one-half (½) foot in height and two feet in width. Said median strip may be increased in width to accommodate any proposed landscaping so long as such landscaping does not interfere with vehicular sight distances. Such a median strip shall continue for the length of the access drive. For very low traffic volume developments, the requirement for a raised median strip may be waived by City Council upon the recommendation of the City Engineer.

   (e)   No access drive, driveway, or other means of ingress or egress shall be located in a residential zone to provide access to uses other than those permitted in such a residential zone.

   (f)   Any exit driveway or driveway lane shall be so designed in profile and grading and located to provide the following minimum sight distance measured in each direction. The measurements shall be from the driver's seat of a vehicle standing on the portion of the exit driveway that is immediately outside the edge of the road fight-of-way.

      (1)   Where the speed limit is not posted or officially determined for a road or the driveway connects to a private access road which does not have a speed limit, the City Engineer shall make a determination as to what is the maximum speed for the road or access road and this speed limit shall be utilized to determine the required sight distance.

      (2)   Where the below listed required sight distances cannot be strictly adhered to because of existing site conditions which cannot be feasibly addressed by the developer, the City, upon recommendation of the City Engineer, may reduce the required sight distances; however, any entrance or exit driveways shall be placed in order to achieve as close as possible the required sight distances.

 

   (g)   Where a site occupies a corner of two (2) intersecting roads or a road and an access road, no driveway entrance or exit shall be located within fifty (50) feet of the point of tangency of the existing or proposed curb radius of that site.

   (h)   No part of any commercial driveway shall be located within ten (10) feet of a side property line. However, the Zoning Officer may permit a driveway serving two (2) or more adjacent sites to be located within ten (10) feet of a side property line between the adjacent sites.

   (i)   Where two or more driveways connect a single site to any one road, a minimum clear distance of two hundred (200) feet measured along the right-of-way line shall separate the closest edges of any two (2) such driveways.

   (j)   Driveways used for both ingress and egress shall intersect the road at an angle to as near as ninety degrees (90º) as the site conditions will permit and in no case shall be less than sixty degrees (60º). Driveways used by vehicles for ingress or egress (light turn only) shall not form an angle less than forty-five degrees (45º) with a road unless acceleration or deceleration lanes are provided.

   (k)   Sufficient reservoir space shall be provided at all ingress points to prevent queued entering vehicles from backing up onto any road. Sufficient reservoir space shall be provided at all egress points to prevent queued exiting vehicles from blocking entering vehicles or impeding interior lot vehicle circulation.

   (a)   Loading and unloading facilities shall be provided for all uses and developments which will be served with truck delivery. Truck loading docks shall be located away from areas of pedestrian movement and shall be screened from the view of parking areas, adjacent properties, and/or adjacent roads. Furthermore, truck loading docks shall only be located in the side or rear yard of a building.

   (b)   Screening shall be composed of trees, bushes, and shrubs to provide both a low level and high level screen. Additional screening requirements are located in Article 1335B of this Ordinance.

   (c)   All loading and unloading facilities shall be provided with unobstructed access to and from a public street or an access road. This access may be combined with access to a parking lot.

      (1)   If the access is combined with parking lot access, the requirements concerning driveway access located in Section 1335.08(c) of this Ordinance shall be adhered to.

      (2)   If access for loading and unloading facilities is provided for by a separate access drive, each access lane shall be, at a minimum, ten (10) feet in width. The curb radius of the access lane shall be sufficient enough for truck turning movements in order for trucks to not over-run curbing or landscaped areas. Additionally, the requirements of Section 1335.08(e), 1335.08(f), 1335.08(g), 1335.08(h), and 1335.08(k) shall be adhered to.

   (d)   No loading or unloading facilities shall interfere with the use of vehicle access ways or driveways, parking facilities, fire lanes, or sidewalks.

   (e)   All permitted or required loading areas or berths shall be on the same lot as the use to which they are accessory.

   (f)   The required number of loading berths shall depend upon the type of facility being constructed. Data concerning similar uses or facilities may be utilized to determine the number of loading berths required. Loading berths shall meet the minimum requirements illustrated in the table below.

 

 

"Total Offset" shall be measured perpendicular from the most exterior point of the loading dock to a point where an apron is required for truck maneuvering.

      (1)   If a use or facility will not be serviced by tractor trailers but by other trucks, the developer may request that the City reduce the required berth size. While the City may reduce the size of berths, the City may require that the developer have enough space on the site for future expansion of truck loading facilities. Such a decision shall lie solely with the City Council.

   (a)   All parking areas shall be constructed of bituminous asphalt, or concrete. The type of asphalt or concrete shall be in accordance with the West Virginia Department of Transportation concerning driveway entrances and shall be approved by the City Engineer.

   (b)   No parking area, regardless of size, and no access drives shall be constructed of dirt or shall be permitted to track mud onto a City or State road or highway.

   (c)   Parking areas shall be constructed of asphalt or concrete. Any associated driveway shall also be constructed of asphalt or concrete for the entire length and width of the driveway. The type of asphalt or concrete shall be in accordance with the West Virginia Department of Transportation concerning driveway entrances and shall be approved by the City Engineer.

   (d)   For outdoor stadiums, parks, recreation areas, or similar uses, City Council may permit parking areas to be constructed of gravel or a tar/chip surface.

   (a)   All parking areas in excess of twenty (20) parking spaces shall be lined and marked as prescribed in Section 1335.07(c) of this Ordinance.

   (b)   Marked pavement arrows indicating traffic flow direction may be required by the City where one-way traffic is proposed and/or where a large development necessitates such markings.

   (c)   Line striping may be required by the City along the Pavement edge where there is no curbing.

   (d)   An interior traffic circulation signage plan shall be required for all sites. This signage plan shall include all signs, including, but not limited to, “Stop”, “Yield”, “Speed Limit”, Do Not Enter”, or “Handicapped Parking” signs which are proposed to be erected on the site. The City shall approve the interior signage plan with recommendation from the City Engineer. All traffic regulatory signs shall conform in size, shape, and color to the most recent regulations of the West Virginia Department of Transportation. Any sign which is proposed which is not defined by the West Virginia Department of Transportation shall be approved concerning size, color, and shape by the City Engineer.

   (e)   The plan which indicates where pavement markings will be placed on the site may be in conjunction with the interior signage plan.

   (a)   All parking lots areas, both the exterior or perimeter and the interior of the parking area, shall be landscaped in accordance with Article 1335B of this Ordinance.

   (a)   All parking areas, driveways, and interior circulation roads shall be graded and drained as follows.

   (b)   The pavement shall be sloped to properly drain. A minimum grade of one percent (1%) is required for all paved areas unless the developer requests that a lesser slope be permitted. The maximum grade for all parking areas is five percent (5%) unless the developer requests that a greater slope be permitted. Slopes in excess of the minimum or maximum prescribed above shall be reviewed by the City Engineer and shall only be permitted where other feasible alternatives are not available and where the excess slope will not cause any site problems. The decision to permit excess slopes shall lie solely with City Engineer.

   (c)   Where necessary, underdrainage shall be utilized to prevent premature failure of the parking lot and roadway surfaces.

   (d)   For parking areas in excess of twenty (20) parking spaces, a stormwater management report shall be submitted by the developer. This report shall be prepared by a registered professional engineer and shall include information concerning existing site conditions, the amount of run-off that will occur as a result of the development, and the proposed system of pipes, and inlets proposed to control the stormwater.

      (1)   For parking areas of twenty (20) spaces or less, a stormwater management report is not required; however, the system of pipes, inlets, and other facilities shall be submitted to the City for review and approval.