Zoning Administration

CHAPTER THREE

Zoning Districts and Regulations

ARTICLE 1315 Zoning Districts and Maps
ARTICLE 1317 Single Family Residence District (R-1)
ARTICLE 1319 Special Residential District (R-1A)
ARTICLE 1321 Multi-Family District (R-2)
ARTICLE 1323 Recreation District (REC)
ARTICLE 1325 General Commercial District (B-1)
ARTICLE 1327 Industrial District (I-1)
ARTICLE 1329 Supplemental Regulations
ARTICLE 1331 General Regulations
ARTICLE 1333 Parking and Off-Street Loading
ARTICLE 1335 Signs
ARTICLE 1337 Nonconforming Uses, Lots, and Structures

CHAPTER FIVE

Subdivision Regulations

Dunbar City Zoning Code

CHAPTER THREE

Zoning Districts and Regulations

APPENDIX A Official Zoning Map

(Ord. 785. Passed 9-16-19.)

APPENDIX B Use Table

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Adult Business					C	C
Amphitheater					P
Animal Hospital/Veterinary Office					P
Automobile Car Wash					P
Automobile Repair/Service					P
Bakery					P
Bank/Financial Institution					P
Bed and Breakfast Inn	C	C	C
Boat and Marine Sales/Service					P
Boat Storage					P
Brewery Pub					P
Broadcasting Studio (radio/television)					P
Building Material Facility						P
Bus/Transit Facilities						P
Bus/Transit Shelter	P	P	P	P	P	P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Campground				P
Catering Business					P
Child Care Center					P
Child Care Facility					P
Child Care Home	P	P	P
Clinic					P
Community Facility, Private					P
Continuing Care Facility					P
Convenience Store					P
Conversion of Old School/Church	C	C	C	C	C	C
Cultural Service					P
Distribution Facility						P
Distillery						P
Dog Day Care					C
Dry Cleaner					P
Dwelling, Apartment					P
Dwelling, Condominium			C
Dwelling, Mixed Use					P
Dwelling, Multi-Family			P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Dwelling, Single Family	P	P	P
Dwelling, Townhouse			P
Dwelling, Two Family			P
Educational Institution					P
Emergency Services	P	P	P	P	P	P
Emergency Shelter	P	P	P	P	P	P
Equipment Rental/Repair					P
Essential Utilities and Equipment	P	P	P	P	P	P
Farm/Construction Equipment and Supply Sales					P
Farmer’s Market/Produce Stand					P
Flea Market					P
Freight Terminal						P
Funeral Home					P
Garage, Community			P
Garage, Private	P	P	P	P	P	P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Garden Center					P
Gas Station					P
Gas Station, Large					P
Governmental Operations	P	P	P	P	P	P
Greenhouse, Non-Commercial	P	P	P
Greenhouse, Commercial					P
Group Residential Facility	P	P	P	P	P	P
Group Residential Home	P	P	P	P	P	P
Half-way House						C
Health Club					P
Home-Based Business (Low-Impact)	C	C	C
Home-Based Business (No-Impact)	P	P	P
Hospital					P
Hotel/Motel					P
Incinerator						C

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Industrial Park						P
Kennel						P
Laboratory					C	C
Laundromat					P
Liquor Store					P
Lumberyard						P
Manufacturing (Heavy)						P
Manufacturing (Light)						P
Medical Adult Day Care Center					P
Night Club					P
Office Supply Establishment					P
Opioid Treatment Services						P
Parcel Delivery Facility						P
Park	P	P	P	P	P	P
Parking Lot					P	P
Parking Structure					P	P
Pawn Shop					P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Personal Service	C	C	C		P
Pet Shop					P
Pharmacy					P
Photographic Studio					P
Places of Worship/Religious Institution	P	P	P		P	P
Private Club					P
Professional Services					P
Recreation, Commercial Indoor					P
Recreation, Commercial Outdoor					P
Recreation, Municipal				P
Recycling Facility						P
Research and Development					C	P
Restaurant, Carry Out					P
Restaurant, Fast Food					P
Restaurant, Sit Down					P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Retail Store					P
Roadside Stand					C
Roadside Vendor Stand					C
School, Commercial					C	P
School, Pre-School to 12	P	P	P	P	P	P
Self-Storage Facility					P
Senior Independent Housing			P
Sewage Treatment Facility					P
Shopping Center					P
Solar Energy System, Small	P	P	P	P	P	P
Sports Arena				P	P	P
Studio, Dancing, Music, or Art					P
Tattoo Parlor/Body Piercing Studio					P
Tavern/Drinking Establishment					P
Telecommunications, Class I	P	P	P	P	P	P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Telecommunications, Class II					P	P
Telecommunications, Class III					P	P
Theater					P
Truck Terminal						P
Vehicle Rental, Sales, and Service					P
Video Lottery Establishment					P
Warehouse						P
Wholesale Establishment					P
Winery					P

(Ord. 785. Passed 9-16-19.)

1315.01 ESTABLISHMENT OF DISTRICTS.

In order to apply the provisions of this code, the City is hereby divided into the following classes of districts for the purpose of zoning:

(a) Single Family Residence (R-1)

(b) Special Residential (R-1A)

(d) Recreation (REC)

(e) General Commercial (B-1)

(f) Industrial (I-1)

(Ord. 785. Passed 9-16-19.)

1315.03 MAP AND BOUNDARIES.

(a) The boundaries of all zoning districts are shown on the Official Zoning Map, which is the official zoning map for the City of Dunbar. The map is part of this code and is included in Appendix A.

(b) The district boundaries on the City of Dunbar Zoning Map are intended to follow property lines; centerlines of roads, water courses, or railroads; other identifiable physical features; or measured distances from property lines, centerlines, or identifiable physical features. When the zoning officer cannot determine the location of a zoning district boundary by reference to the zoning district map, the zoning officer shall refuse action; and the Board of Zoning Appeals shall interpret the location of the district boundary with reference to the scale of the map, the comprehensive plan, and the purposes set forth in all relevant provisions of this code, provided that no boundary shall be changed by the Board of Zoning Appeals. When a district boundary line divides a lot held in single or separate ownership at the effective date of this code, the permitted use on the lot is limited to those uses permitted in the zoning district in which the largest part of the lot is located, and the smaller part of the lot located in a another zoning district will be subject to the provisions where the largest portion of the lot is located.

(c) Unless a use is allowed as a "permitted use by right," "use permitted with supplemental regulations," "conditional use," "conditional use with supplemental regulations," "nonconforming use," "temporary use" then such use is prohibited.

(d) Separate garage apartments are not permitted in R-1, R-1A, and R-2 zoned areas.

(e) A chart of the uses permitted by right and conditional uses are included in Appendix B.

(Ord. 785. Passed 9-16-19.)

1317.01 PURPOSE.

The purpose of the Single-Family Residential District is to provide single-family neighborhoods and residential uses for residents who prefer a smaller lot size. The district preserves the character of a smaller community by discouraging business, commercial, and industrial uses within the district. The district is designed to encourage a sense of community by making neighbors close to one another, allowing religious institutions, as well as parks. This district also promotes the character of single-family residential areas from much change that may cause the deterioration of the quality of the district.

(Ord. 785. Passed 9-16-19.)

1317.03 PERMITTED USES IN THE SINGLE FAMILY RESIDENCE DISTRICT (R-1).

Section 1317.03 Single Family Residence District (R-1)
*denotes uses with supplemental regulations
Residential Uses
Dwelling, Single Family	P
Group Residential Facility	P
Group Residential Home	P
Commercial
Bed and Breakfast Inn	C*
Conversion of Old School/Church	C
Personal Service	C
Public Facilities
But/Transit Shelter	P
Emergency Services	P
Emergency Shelter	P
Essential Utilities and Equipment	P
Telecommunications, Class I	P
Recreation, Education, Public Assembly
Governmental Operations	P
Park	P
Place of Worship/Religious Institution	P
School, Pre-school to 12	P
Accessory Uses
Child Care Home	P*
Garage, Private	P
Greenhouse, Non-Commercial	P*
Home-based Business (Low-Impact)	C*
Home-based Business (No-Impact)	P*
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1317.05 SINGLE FAMILY RESIDENCE DISTRICT (R-1) LOT REQUIREMENTS.

Single Family Residence District (R-1) Lot Requirements
Max. Building Height	30 feet
Min. Front Setback	20 feet
Min. Side Setback	3 feet
Min. Rear Setback	30 feet
Min. Lot Size (Sq. Ft.)	3,600 square feet
Min. Lot Width	30 feet
Max. Lot Coverage (as a %)	50%

(Ord. 785. Passed 9-16-19.)

1319.01 PURPOSE.

The purpose of the Special Residential District is to provide for single-family residential uses and neighborhoods for persons who desire a bigger lot size. This district also preserves the character of a residential community by excluding commercial, business, and industrial uses that would bring more traffic and more business to the residential area. Like the Single-Family Residential district, the Special Residential District permits parks and religious institutions, which add to the feeling of community pride. This district provides the benefits of the Single-Family Residence District, but on a larger scale. (Ord. 785. Passed 9-16-19.)

1319.03 PERMITTED USES IN THE SPECIAL RESIDENCE DISTRICT (R-1A).

Section 1319.03 Special Residence District (R-1A) *denotes uses with supplemental regulations
Residential Uses
Dwelling, Single Family	P
Group Residential Facility	P
Group Residential Home	P
Commercial
Bed and Breakfast Inn	C*
Conversion of Old School/Church	C
Personal Service	C
Public Facilities
But/Transit Shelter	P
Emergency Services	P
Emergency Shelter	P
Essential Utilities and Equipment	P
Telecommunications, Class I	P*
Recreation, Education, Public Assembly
Governmental Operations	P
Park	P
Place of Worship/Religious Institution	P
School, Pre-school to 12	P
Accessory Uses
Child Care Home	P*
Garage, Private	P
Greenhouse, Non-Commercial	P*
Home-based Business (Low-Impact)	C*
Home-based Business (No-Impact)	P*
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1319.05 SPECIAL RESIDENTIAL DISTRICT (R-1A) LOT REQUIREMENTS.

Special Residential District (R-1A) Lot Requirements
Max. Building Height	50 feet, not to exceed 3 stories
Min. Front Setback	25 feet
Min. Side Setback	10 feet
Min. Rear Setback	30 feet
Min. Lot Size (Sq. Ft.)	7,200 square feet
Min. Lot Width	60 feet
Max. Lot Coverage (as a %)	50%

(Ord. 785. Passed 9-16-19.)

1321.01 PURPOSE.

The purpose of the Multi-Family District is to provide a place for people who desire to live in smaller housing, such as townhomes and apartment complexes. This district also allows single-family housing, which promotes a mixture of use within the community and diversity. This district promotes a community feel by discouraging industrial and commercial uses and allowing uses such as parks and religious institutions. (Ord. 785. Passed 9-16-19.)

1321.03 PERMITTED USES IN THE MULTI-FAMILY DISTRICT (R-2).

Section 1321.03 Multi-Family District (R-2) *denotes uses with supplemental regulations
Residential Uses
Dwelling, Condominium	C
Dwelling, Multi-Family	P
Dwelling, Single Family	P
Dwelling, Townhome	P
Dwelling, Two Family	P
Group Residential Facility	P
Group Residential Home	P
Senior Independent Housing	P

Commercial
Bed and Breakfast Inn	C*
Conversion of Old School/Church	C
Personal Service	C
Public Facilities
But/Transit Shelter	P
Emergency Services	P
Emergency Shelter	P
Essential Utilities and Equipment	P
Telecommunications, Class I	P*
Recreation, Education, Public Assembly
Governmental Operations	P
Park	P
Place of Worship/Religious Institution	P
School, Pre-school to 12	P
Telecommunications, Class I	P*
Accessory Uses
Child Care Home	P*
Garage, Community	P
Garage, Private	P
Greenhouse, Non-Commercial	P*
Home-based Business (Low-Impact)	C*
Home-based Business (No-Impact)	P*
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1321.05 MULTI-FAMILY DISTRICT (R-2) LOT REQUIREMENTS.

Multi-Family District (R-2) Lot Requirements
Max. Building Height	50 feet, not to exceed 4 stories
Min. Front Setback	20 feet
Min. Side Setback	3 feet
Min. Rear Setback	30 feet for less than 4 stories, or 35 feet for 4 stories
Min. Lot Size (Sq. Ft.)	7,200 square feet
Min. Lot Width	60 feet
Max. Lot Coverage (as a %)	50%

(Ord. 785. Passed 9-16-19.)

1323.01 PURPOSE.

The purpose of the Recreation District is to provide space for indoor and outdoor recreation, as well as protect open space to preserve the natural beauty and scenic value of the City. (Ord. 785. Passed 9-16-19.)

1323.03 PERMITTED USES IN THE RECREATION DISTRICT (REC).

Section 1323.03 Recreation District (REC) *denotes uses with supplemental regulations
Residential Uses
Group Residential Facility	P
Group Residential Home	P
Commercial
Campground	P
Conversion of Old School/Church	C
Sports Arena	P
Public Facilities
But/Transit Shelter	P
Emergency Services	P
Emergency Shelter	P
Essential Utilities and Equipment	P
Governmental Operations	P
Telecommunications, Class I	P*
Recreation, Education, Public Assembly
Park	P
Recreation, Municipal	P
School, Pre-school to 12	P
Accessory Uses
Garage, Private	P
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1325.01 PURPOSE.

The purpose of the General Commercial District is to encourage a centralized commercial area within the City. This promotes safety and helps eliminate complaints from residents in regard to noise and other incidental problems of commercial business.

(Ord. 785. Passed 9-16-19.)

1325.03 PERMITTED USES IN THE GENERAL COMMERCIAL DISTRICT (B-1).

Section 1325.03 General Commercial District (B-1) *denotes uses with supplemental regulations
Residential Uses
Dwelling, Apartment	P
Dwelling, Mixed Use	P
Group Residential Facility	P
Group Residential Home	P
Commercial
Adult Business	C*
Amphitheater	P
Animal Hospital/Veterinary Office	P
Automobile Car Wash	P

Automobile Repair/Service	P*
Bakery	P
Bank/Financial Institution	P
Boat and Marine Sales/Service	P*
Boat Storage	P*
Brewery Pub	P
Broadcasting Studio (radio/television)	P
Catering Business	P
Child Care Center	P*
Child Care Facility	P*
Clinic	P
Community Facility, Private	P
Continuing Care Facility	P
Convenience Store	P
Conversion of Old School/Church	C
Cultural Service	P
Dog Day Care	C*
Dry Cleaner	P
Equipment Rental/Repair	P
Farm Construction Equipment and Supply Sales	P
Farmer's Market/Produce Stand	P
Flea Market	P
Funeral Home	P
Garden Center	P*
Gas Station	P
Gas Station, Large	P
Greenhouse, Commercial	P
Health Club	P
Hospital	P
Hotel/Motel	P
Laboratory	C
Laundromat	P
Liquor Store	P
Medical Adult Day Care Center	P
Night Club	P
Office Supply Establishment	P
Parking Lot	P*
Pawn Shop	P
Personal Service	P
Pet Shop	P
Pharmacy	P
Photographic Studio	P
Private Club	P
Professional Services	P
Research and Development	C
Restaurant, Carry Out	P
Restaurant, Fast Food	P
Restaurant, Sit Down	P
Retail Store	P
Roadside Stand	C
Roadside Vendor Stand	C
Self-Storage Facility	P
Sewage Treatment Facility	P
Shopping Center	P
Studio, Dancing, Music, or Art	P
Tattoo Parlor/Body Piercing Studio	P
Tavern/Drinking Establishment	P
Theater	P
Vehicle, Rental, Sales and Service	P*
Video Lottery Establishment, Limited	P*
Wholesale Establishment	P
Winery	P
Public Facilities
But/Transit Shelter	P
Emergency Services	P
Emergency Shelter	P
Essential Utilities and Equipment	P
Telecommunications, Class I	P*
Telecommunications, Class II	P*
Telecommunications, Class III	P*
Recreation, Education, Public Assembly
Educational Institution	P
Governmental Operations	P
Park	P
Place of Worship/Religious Institution	P
Recreation, Commercial Indoor	P
Recreation, Commercial Outdoor	P
School, Commercial	C
School, Pre-school to 12	P
Sports Arena	P

Accessory Uses
Garage, Private	P
Parking Lot	P
Parking Structure	P
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1325.05 GENERAL COMMERCIAL (B-1) LOT REQUIREMENTS.

General Commercial District (B-1) Lot Requirements
Max. Building Height	80 feet
Min. Front Setback	None
Min. Side Setback	None
Min. Rear Setback	None
Min. Lot Size (Sq. Ft.)	None
Min. Lot Width	None
Max. Lot Coverage (as a %)	None

(Ord. 785. Passed 9-16-19.)

1327.01 PURPOSE.

The purpose of the Industrial District is to encourage a centralized industrial area within the City.

(Ord. 785. Passed 9-16-19.)

1327.03 PERMITTED USES IN THE INDUSTRIAL DISTRICT (I-1).

Section 1327.03 Industrial District (I-1) *denotes uses with supplemental regulations
Residential Uses
Group Residential Facility	P
Group Residential Home	P
Halfway House	C
Commercial
Adult Business	C*
Conversion of Old School/Church	C
Laboratory	C
Opioid Treatment Services	P
Parking Lot	P*
Research and Development	C

Industrial
Building Material Facility	P
Bus/Transit Facilities	P
Distribution Facility	P
Distillery	P
Freight Terminal	P
Incinerator	C*
Industrial Park	P
Kennel	P
Lumber Yard	P
Manufacturing (Heavy)	P
Manufacturing (Light)	P
Parcel Delivery Service	P
Recycling Facility	P
Truck Terminal	P
Warehouse	P
Public Facilities
Bus/Transit Shelter	P
Essential Utilities and Equipment	P
Emergency Services	P
Emergency Shelter	P
Governmental Operations	P
Telecommunications, Class I	P*
Telecommunications, Class II	P*
Telecommunications, Class III	P*
Recreation, Education, Public Assembly
Park	P
Place of Worship/Religious Institution	P

School, Commercial	C
School, Pre-school to 12	P
Sports Arena	P
Accessory Uses
Garage, Private	P
Parking Lot	P
Parking Structure	P
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1327.05 INDUSTRIAL (I-1) LOT REQUIREMENTS.

Industrial District (I-1) Lot Requirements
Max. Building Height	80 feet
Min. Front Setback	None
Min. Side Setback	None
Min. Rear Setback	None
Min. Lot Size (Sq. Ft.)	10,000 square feet
Min. Lot Width	100 feet
Max. Lot Coverage (as a %)	None

(Ord. 785. Passed 9-16-19.)

1329.01 PURPOSE.

The purpose of this Chapter is to establish standards and policies for specific uses in all districts that require particular considerations. These regulations will supplement general development standards by establishing uniform criteria for each use - whether a permitted use by right or a conditional use - and are set forth to achieve compatibility with the principal uses permitted in a zoning district. The provisions for this Chapter shall apply in addition to any other applicable zoning regulations. (Ord. 785. Passed 9-16-19.)

1329.03 ADULT BUSINESS.

(a) No adult business shall be located within one thousand (1,000) feet of each other.

(b) No adult business shall be located within three hundred (300) feet of a residential district or any property with a dwelling, provided that the property is not predominately used for commercial or non-housing purposes.

(c) No adult business shall be located within five hundred (500) feet of a school, park, library, child day care center, or place of worship or religious institution.

(d) An adult business shall not operate in the same building as another adult business.

(e) All doors, windows, and other apertures shall be located, covered, or screened in such a manner as to prevent viewing the interior of the establishment from a public street or sidewalk.

(f) Distance requirements under this section shall be measured along a straight line beginning at a point or points from any public entrance of an adult business existing or to exist as disclosed under any filed application to operate an adult use.

(g) In the event that an activity or business which might fall under a use category other than adult business is combined with or includes activities which constitute an adult bookstore, adult movie theater, or movie house or adult entertainment, as defined herein, then such activity or business shall constitute an adult business and shall be governed by those provisions in this code applicable to adult business uses and not by provisions applicable to any other use category.

(Ord. 785. Passed 9-16-19.)

1329.05 BED AND BREAKFAST INN.

(a) The bed and breakfast inn shall be owner-occupied.

(b) No more than six (6) guest rooms suitable to accommodate twelve (12) guests shall be provided. No guest shall be accommodated for more than seven (7) consecutive nights.

(c) The breakfast meal shall be the only meal provided to overnight guests and said meal may only be provided to overnight guests. Separate cooking facilities shall not be provided in any guest room.

(d) Amenities provided by the Bed and Breakfast such as swimming pool, porches, or decks shall be limited for the use of the residents and overnight guests of the facility.

(e) Off-street parking spaces shall be screened from adjacent residential properties by a buffer area.

(f) Guest rooms shall not constitute separate dwelling units for the purposes of this code.

(Ord. 785. Passed 9-16-19.)

1329.07 BOAT, TRAILER, AND RECREATIONAL VEHICLE STORAGE.

(a) Enclosed buildings that contain boat, trailers, and recreational vehicle storage shall not exceed thirty-six (36) feet in height.

(b) Driveway access to individual storage garages or facilities shall be of adequate size such that no vehicle is forced to directly back onto a public street.

(c) The parking of only one (1) unoccupied recreational vehicle of a particular use, and not more than two (2) recreational vehicles of different uses is permitted upon the premises of any resident of the City provided no living quarters shall be maintained or business practiced while parked or stored. Recreational vehicles may not be stored or parked in front of a residence on the street, driveway, or yard. Recreational vehicles shall be parked beside or behind the residence on paved surface and shall not project past the front of the residence.

(d) All requirements of this code for recreational vehicles are subject to the provisions in the Codified Ordinances of the City of Dunbar, including Article 1125 Trailers.

(Ord. 785. Passed 9-16-19.)

1329.09 CHILD CARE CENTER, FACILITY, AND HOME.

(a) In no instance shall people picking up or dropping off children idle cars in the street right-of-way or otherwise block public traffic patterns.

(b) An outside recreational area of at least seventy-five (75) square feet per child shall be provided. The recreational area shall be located in the rear or side yard and shall be fenced. Parks may be used to meet outdoor activity requirements if located immediately adjacent to the facility.

(c) All child care providers, whether state or privately operated, shall obtain a license from the West Virginia Secretary of State and the Department of Health and Human Resources. Each facility shall also be inspected by the City Building Inspector and Fire Marshal to ensure the safety of children and employees.

(d) A facility shall provide a minimum of (35) square feet of usable indoor space per child. Any rooms or areas that have not been approved for the use of children shall be made inaccessible to children. No activity space may be created in the basement of a structure unless expressly approved by the Fire Marshal.

(e) For Child Care Home facilities, no additional parking beyond the normal requirements of a residential district is permitted.

(f) Child Care Home may only be operated in single-family dwellings.

(Ord. 785. Passed 9-16-19.)

1329.11 DOG DAY CARE.

(a) The hours of operation shall be limited daily from 6:00 a.m. to 9:00 p.m.

(b) The dogs may be groomed, trained, exercised, and socialized, but not kept or boarded overnight, bred, sold, or let for hire.

(c) Fencing for all on-site outdoor recreation areas shall be provided. The fence shall contain the dogs. The fence shall be high enough to prevent dogs from jumping or climbing over and shall be screened with a minimum six (6) foot privacy fence.

(d) There shall be no more than twenty (20) dogs on the premise at one time.

(Ord. 785. Passed 9-16-19.)

1329.15 GREENHOUSE, NON-COMMERCIAL.

(a) Noncommercial greenhouses shall only be located in rear yards.

(b) Noncommercial greenhouses shall not create offensive odors or dust.

(c) The maximum height of noncommercial greenhouses shall be fourteen (14) feet at the peak with a gable roof or ten (10) feet without a gable roof.

(d) Noncommercial greenhouse shall be at least ten (10) feet from rear lot lines and (5) feet from side lot lines.

(Ord. 785. Passed 9-16-19.)

1329.17 HOME-BASED BUSINESS, NO IMPACT.

The business activity must satisfy the following requirements:

(a) No employees other than persons residing in the dwelling shall be employed by the home-based business.

(b) A home-based business shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.

(d) A home-based business shall not display or sell retail goods or stockpile inventory of a substantial nature.

(e) There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.

(f) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electronic interference, including interference with radio or television reception detectable in the neighborhood.

(g) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(h) The business activity shall be conducted only within the dwelling and may not occupy more than twenty-five percent (25%) of the gross floor area.

(i) No traffic shall be generated by such home-based business in excess of that normally associated with residential use.

(j) The business may not involve any illegal activity.

(Ord. 785. Passed 9-16-19.)

1329.19 HOME-BASED OCCUPATION, LOW IMPACT.

The business activity must satisfy the following requirements:

(a) No more than one (1) person other than persons residing in the dwelling shall be employed in conducting the home-based occupation.

(b) A home-based occupation shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.

(d) A home-based occupation shall not display or sell retail goods or stockpile inventory of a substantial nature.

(e) Signs permitted by this code and required parking are the only outdoor displays or activities related to the business activity that may take place outside the dwelling or accessory structures.

(f) A home-based occupation shall produce no detectable fumes, odors, dust, heat, noise, vibration, glare, or other effects outside the dwelling.

(g) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(h) The business activity shall be conducted only within the dwelling or an accessory structure permitted by this code and may not occupy more than twenty-five percent (25%) of the sum of gross floor area of principal structures and accessory structures used for the business activity.

(i) No traffic shall be generated by such home-based occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by home-based occupations shall be met by off-street parking.

(j) The business may not involve any illegal activity.

(Ord. 785. Passed 9-16-19.)

1329.21 INCINERATOR.

(a) The incinerator shall be located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property.

(b) The incinerator shall not be located within fifteen (15) feet of any building or structure and generally should be positioned so that there is not direct exposure to buildings, wood fences, or piled combustible materials in the event of failure of the spark arrestor. The incinerator shall be located so that a nuisance is not created by reason of smoke.

(c) Each incinerator must be set back a minimum of five hundred (500) feet from each property line not adjacent to lands used or zoned for industrial purposes. A buffer must be established and maintained between the incinerator and any immediately adjacent, existing residential, commercial, or other non-industrial land use.

(d) Each incinerator shall be designed so that it meets and continues to meet all applicable rules, regulations, and requirements of the applicable state and federal regulatory agencies. Each incinerator shall be fully permitted by each such agency prior to construction and continued operation.

(e) Each incinerator must be designed with adequate on-site controls and facilities to prevent and contain fires. (Ord. 785. Passed 9-16-19.)

1329.25 GARDEN CENTER.

(a) All outdoor display areas shall be set back at least five (5) feet from the street right-of-way line.

(b) Parking and loading facilities and signage shall be screened from adjoining residentially zoned properties with a buffer area.

(Ord. 785. Passed 9-16-19.)

1329.27 TELECOMMUNICATIONS.

(a) All wireless telecommunications facilities and freestanding telecommunications towers shall comply with any and all Federal Aviation Administration, Federal Communication Commission, and any other applicable federal and state regulations.

(b) Telecommunication Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA).

(c) Telecommunication Towers not requiring FAA painting or marking shall have an exterior finish, which enhances compatibility with adjacent land uses as approved by the City.

(d) The City may require landscaping on properties with telecommunication facilities/towers in excess of other requirements in this code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing required in this code, yet still within the property boundary where the telecommunication facility/tower is located.

(e) Nothing in this section is construed to regulate satellite signal receiving stations, known as home satellite dishes, whether such dish is used for television reception or other purposes.

(f) Any owner of property used as the location for telecommunication facilities shall maintain such site and all structures in good condition and free from trash, outdoor storage, weeds, and other debris.

(g) If applicable, a copy of the applicant's Federal Communications Commission (FCC) license, or, if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant's tower shall be submitted with the permit application, including a pictorial representation, such as a silhouette drawing or photograph, of the proposed telecommunications facility.

(h) Unless co-locating as a Class II facility, certification, supported by evidence, that co-locations of the proposed telecommunications facility with an existing approved tower or facility cannot be accommodated is required. Reasons for not co-locating on a site would include, but not be limited to, the following:

(1) No existing towers or facilities are located within a two thousand (2,000) foot radius.

(2) Existing towers or facilities are not of sufficient height to meet the applicant's engineering requirements.

(3) Existing towers or facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4) Applicant's planned equipment would cause radio frequency interference with other existing or planned equipment of the tower, or facility would cause interference with the applicant's planned equipment which cannot be reasonably prevented.

(5) Unwillingness of the owner of the existing tower or facility to entertain a co-location proposal.

(6) Existing towers or facilities do not provide an acceptable location for requisite coverage for the applicant's communications network.

(i) Class I Telecommunications Facilities shall include but are not limited to such facilities as television antennas, ham radio antennas, am/fm reception. Any Class I facility cannot be utilized for cell phone reception.

(j) Class II Telecommunications Facilities shall include but are not limited to such facilities as antennae and associated electronic equipment designed expressly for use by cell phone companies, as regulated under the Federal Telecommunication Act of 1996 that is not intended to be supported by or attached to a new telecommunications tower, as defined.

(k) Class III Telecommunications Facilities shall include but are not limited to such facilities as antennae and associated electronic equipment that is supported by or attached to a new telecommunications tower, as defined herein, and is designed expressly for use by cell phone companies, as regulated under the federal Telecommunications Act of 1996.

(l) Nothing in this section is construed to regulate home satellite dishes, whether such dish is used for television reception or other purposes.

(m) Class I Facilities.

(1) Maximum height of sixty (60) feet above grade.

(2) Standard Building Permit required; and

(3) A structural engineer shall certify that the design of such structure is such that in the event of structural failure, no part of the structure will encroach upon any adjoining property or public right-of-way.

(n) Class II Facilities.

(1) Maximum height of one hundred and twenty (120) feet above grade.

(2) Antenna or associated electronic equipment shall be designed for co-location on an existing, permitted telecommunications tower, or attachment to an existing building, water tank or other existing structure. Unless specifically being attached to an existing, permitted telecommunications tower, these facilities must be designed utilizing the latest stealth technologies as defined in this code. They may be attached to an existing, permitted telecommunications tower as a co-location, as per the requirements of this code.

(3) All Class II facilities, not to be co-located on an existing telecommunication tower, are required to be screened by natural vegetation or otherwise camouflaged by stealth technology to conform with existing site color, architecture, and landscaping characteristics so as to minimize visual impact, provided the efficacy of the telecommunication facility is not compromised.

(4) A zoning permit is required that shows the siting, placement, screening, co-location or stealth design, camouflage, height, and setback of the Class II facility.

(5) Class II telecommunications facilities not co-located on an existing telecommunications tower may be permitted on existing structures if such facilities meet all other requirements of this code. The owner of such structure shall, by written certification to the Zoning Officer, establish the following when plans are submitted for a zoning permit:

A. Sign an affidavit acknowledging that the structure will be used to support telecommunication facilities and any ancillary equipment.

B. The height from grade of the telecommunications facilities shall not exceed the height from grade of the support structure by more than twenty (20) feet.

(6) Any telecommunications facilities and their appurtenances, located above the primary roof of a support structure, are set back one (1) foot from the edge of the primary roof for each one (1) foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances located above the primary roof of a structure if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques consistent with the code. Setback requirements shall not apply to stealth antennas mounted to the exterior of structures below the primary roof, but which do not protrude more than eighteen (18) inches from the side of such a structure

(o) Class III Facilities.

(1) Maximum height of one hundred and ninety-six (196) feet above grade.

(2) Class III is reserved for applicants seeking to erect a new tower structure, with associated antennae and electronic equipment.

(3) Towers shall be designed in such a manner as to permit future co-location of other carrier's antennae, rather than construction of additional single use towers.

(4) Minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.

(5) Security fencing, no less than six (6) feet in height shall be provided around the equipment shed. A clear zone shall be established at a distance of one and five-tenths (1.5) times the tower height around the base within which there are no existing buildings.

(6) Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or determined to be structurally unsound.

(7) Towers are exempt from the maximum height restrictions of the zoning districts where located. Towers shall be permitted to a height of one hundred (100) feet, unless the applicant can show good cause to construct a tower exceeding one hundred (100) feet. Under no circumstance shall a tower be greater than two hundred (200) feet above grade.

(8) A Class III telecommunications facility application is required, in which the applicant must show that the new tower is built to minimize visual impact of the tower through careful design, siting, landscaping, and innovative camouflaging and stealth techniques.

(9) Towers shall be setback from all residential property lines a minimum of one hundred (100) feet or one hundred percent (100%) of the height of the proposed Tower, whichever is greater.

(10) Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound.

(p) Application to Develop a Class III Telecommunications Facility. An application to develop a Class III telecommunications facility shall include:

(1) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application.

(2) The legal description, book and page number from the record of such land kept in the Office of the Clerk of Monongalia County, and address of the parcel of land upon which the tower is situated.

(3) The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures within a one-half (½) mile radius of the proposed new tower site, including City-owned property. The applicant must notify such property owners by certified mail in writing and supply the City with copies of such notices. The names, addresses, and telephone numbers of adjacent property owners and those property owners within two hundred (200) linear feet of the property line of the proposed new tower site, including City-owned property. The applicant must notify such property owners, by certified mail in writing and supply the City with copies of such notices. Tower separation distances from residentially zoned lands shall be measured from the base of a tower to the closest point of residentially zoned property.

(4) A description of the design plan proposed by the applicant in the City. Applicant must identify its utilization of the most recent technological design, including microcell or small cell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of microcell or small cell, cannot be utilized to accomplish the provision of the applicant's telecommunications services.

(5) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or co-locate the applicant's telecommunications facilities on another usable tower located within a one-half (½) mile radius of the proposed Tower site.

(6) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install the applicant's telecommunications facilities on a support structure, as a Class II telecommunication facility, owned by other persons located within a one half mile radius of the proposed tower site.

(7) Written technical evidence from a West Virginia licensed engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person's tower or usable antenna support structure (as a Class II telecommunication facility) owned by other persons located within one-half (½) mile radius of the proposed tower site.

(8) A written statement from the telecommunications provider that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties.

(9) Written, technical evidence from a licensed engineer(s) acceptable to the Fire Marshal and the building official that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.

(10) In order to assist the City in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the Tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways.

(11) The Zoning Officer may require an applicant to supplement any information that the Zoning Officer considers inadequate or that the applicant has failed to supply. The City or any of its duly authorized designees may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. The City shall review applications in a prompt manner and set forth the reasons for approval or denial.

(12) A fee for management of the application in the amount of two hundred dollars ($200.00) must be included with the application. Such fee includes administrative costs for processing this application including but not limited to expenses incurred for inspections, document review, and mapping. This fee is non-refundable. In January of each year, the owner or operator of a communications tower shall submit written verification to the City of Dunbar that there have been no changes in the operating characteristics of the communications tower as approved at the time of approval, including, at a minimum:

A. Copy of the current Federal Communications license, if applicable.

B. Name, address, and emergency telephone number for the operator of the communications tower.

C. Copy of Certificate of Insurance evidencing general liability coverage in the minimum amount of one million dollars ($1,000,000) per occurrence covering the communications tower and communications antennas.

D. At any time during the calendar year, if an amendment to the Federal Communications Commission license is issued, a copy of the amended license shall be submitted to the Municipality.

(q) Bond for Removal Costs.

(1) At the time of issuance of the permit for construction of the wireless communications facility, a bond or escrow account shall be posted with the City in an amount certified by the applicant's engineer and confirmed by the City engineer to be sufficient to cover the costs of removing such wireless communications facility and disposing of all of its components, together with a financial security agreement authorizing the City to use the funds to remove the facility if the facility is abandoned, and further authorizing the City to place a lien on the premises in the event the escrow or bond is insufficient to cover the costs of removal and disposal.

(2) The financial security agreement shall be executed by both the applicant and the landowner.

(3) At the time of filing of the Annual Report required in subsection (12), above, any new owner of the land or of the facility, as well as an organization utilizing the facility, shall reaffirm the validity of the financial security agreement and/or execute a new financial security agreement as may be required by the City Solicitor.

(4) If the City Zoning Officer shall find that an abandoned wireless communications facility has not been removed within ninety (90) days of the cessation of use, said officer shall give written notice to the owner of the building or premises on which such facility is located.

(5) Removal of the facility shall be effective within fifteen (15) days after receipt of the notice. If such facility is not removed after the conclusion of such fifteen (15) day period, the Zoning Officer is hereby authorized to cause the antenna to be removed forthwith at the expense of the owner of the building or premises on which such antenna is located.

(6) If the escrow or bond is insufficient to cover the entire cost of removal and disposal, the owner may place a lien upon the premises that may be collected in accordance with the rules for collection of municipal liens

(Ord. 785. Passed 9-16-19.)

1329.33 AUTOMOBILE REPAIR/SERVICE AND VEHICLE SALES, RENTAL, AND SERVICE.

(a) The only vehicles that may be stored outside in connection with the business include:

(1) Customer vehicles awaiting service may be stored outside for a period not to exceed two weeks and a work order or some other written proof must be provided to show that the vehicle is awaiting service.

(2) Employees' personal automobiles used for travel to and from work.

(3) A vehicle used in connection with the auto repair operation, such as a wrecker.

(b) Vehicles which may not be stored outside are:

(1) Inoperable vehicles that are not awaiting service.

(2) Inoperable vehicles that are being scrapped or used for replacement parts for another vehicle being repaired.

(3) Operable vehicles not awaiting service and not used in connection with the business.

(c) No portion of a repair or service station or any part of their appurtenances or accessory uses shall be placed within fifty (50) feet of any dwelling.

(d) Repair and service uses shall be screened from neighboring properties with a buffer area.

(Ord. 785. Passed 9-16-19.)

1329.35 VIDEO LOTTERY ESTABLISHMENT.

(a) Such uses shall not be located within one hundred and fifty (150) feet of each other, a business that sells petroleum products, or the perimeter of a park.

(b) No gambling establishment shall be permitted within three hundred (300) feet of any place of worship or religious institution, school, day care, library, or community center.

(Ord. 785. Passed 9-16-19.)

1329.37 TEMPORARY USES.

(a) Only the following uses are permitted temporarily, for up to four (4) consecutive weeks in one calendar year:

(1) Seasonal sales of such items as pumpkins, Christmas trees, fireworks stand, etc., in commercial districts.

(2) Carnival, circus, and street fairs in commercial or industrial districts; or

(3) Mobile amusements and lighting equipment for promotion, advertisement, and grand openings in commercial and industrial districts.

(b) A permit is required to be completed, returned to the Zoning Officer, and approved before any temporary use may commence, in addition to any other requirements of the Code of the City of Dunbar, including but not limited to obtaining a business license.

(Ord 785. Passed 9-16-19.)

1329.39 GARAGE SALES.

(a) No more than four (4) garage sales, yard sales, or rummage sales are permitted within any twelve (12) month period for each residence or household.

(b) For the purpose of this subsection, garage sale, yard sale, and rummage sale shall be deemed to mean the same thing.

(d) Each garage sale shall not be permitted to last more than 48 hours.

(e) A garage sale shall not include the sale of new merchandise.

(f) Tents may be used during the event subject to subsection (c) above and must be removed immediately following the conclusion of each event.

(g) All items must be removed from the exterior of the premise at the end of the sales event.

(h) All persons desiring to conduct a garage sale, yard sale, or rummage sale must first obtain a license from the City Clerk's Office.

(Ord. 785. Passed 9-16-19.)

1331.01 PURPOSE.

The purpose of this Chapter is to establish regulations that apply to all zoning districts and uses of land. Regulations include fencing, landscaping, lighting, and off-street parking, and loading. (Ord. 785. Passed 9-16-19.)

1331.03 ACCESSORY BUILDINGS, USES, AND STRUCTURES.

(a) Accessory buildings, uses, and structures shall require a zoning permit and shall be permitted in all districts, provided each is customarily incidental and subordinate to a principal use. A principal structure must be located on the lot prior to the issuance of a zoning permit for an accessory building, use, or structure.

(b) Accessory uses and uses carried on in an accessory structure or building shall not be in violation of the permitted uses in that district.

(c) Accessory buildings, uses, and structures shall not be placed such that they interfere with a required clear sight triangle.

(d) Accessory buildings, uses, and structures shall be located within the building setback line, except as provided in Section 1331.04, and shall not be closer than three (3) feet from any principal building. If a fence is present on the lot, there must be a three (3) foot clear space between the fence and an accessory building or structure.

(Ord. 785. Passed 9-16-19.)

1331.04 YARD REQUIREMENTS.

(a) All yards required to be provided under this code shall be open to the sky and unobstructed by any building or structure except for accessory buildings or structures in the side or rear yard and within the building setback line, fences, and the following which may project into the required yards as established in this code:

(1) Steps and stoops not exceeding twenty-four (24) square feet.

(2) Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into the rear or side yard not exceeding three and one-half (3.5) feet in width and placed so as not to obstruct light or ventilation; and

(3) Sills, eaves, belt courses, cornices, and ornamental features not exceeding two (2) feet in width.

(b) Where any main wall of a structure located on an irregularly shaped lot does not parallel the lot line which the wall faces, the yard or minimum distance to the lot line at every point shall be at least equal to the minimum dimension required for the yard or distance to the lot line.

(c) For purposes of determining the required yard for townhouse developments, setbacks shall only apply from the perimeter of the main building to the perimeter of the parent parcel upon which the building is situated.

(Ord. 785. Passed 9-16-19.)

1331.05 FENCING, WALLS, TREES AND HEDGES.

(a) Fences, walls, and hedges shall not be permitted within any right-of-way or clear sight triangle and shall not obscure or impair the visibility of an operator of a motor vehicle exiting or entering a property.

(b) The finished side of the fence shall be oriented towards the front of the lot or the direction of the adjacent property owner, unless the fence is not visible from adjoining property.

(d) Fences, walls, and hedges shall not be constructed out of fabric, junk, junk vehicles, appliances, tanks, or barrels.

(e) Fences, walls, or hedges along the sides or front edge of any front yard shall not be over three and one half (3.5) feet in height. Fences, walls, or hedges along the edge of any side yard or any rear yard shall not be greater than six (6) feet in height.

(f) Fences must be five (5) feet from the edge of all streets and roads on front and side yards and three (3) feet from alleys.

(g) No fence on a corner lot shall exceed four (4) feet if chain link, or forty-two (42) inches if a privacy style fence. (Ord. 785. Passed 9-16-19.)

1331.07 CLEAR SIGHT TRIANGLE.

At the intersection of any two or more streets or alleys, a clear sight triangle shall be kept free of all landscaping, including trees; fencing; screen planting; accessory structures; signs; or any other plant, object, or structure that might obscure vision.

(Ord. 785. Passed 9-16-19.)

1331.09 LIGHTING.

(a) All lighting shall be erected and maintained so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights of ways.

(b) All lighting shall be low intensity and shielded so there is no illumination of adjoining residential properties.

(c) Feature lighting, such as up lighting of trees or other plant material, seasonal lighting, etc., shall be so arranged to reflect away from any residential structure. Such lighting shall not create a glare on adjacent streets or properties.

(d) Building, parking, and all other exterior lighting shall be shielded and directed in a manner such that light does not reflect or cause glare onto adjacent properties or interfere with street traffic. Bare, unshaded bulbs are prohibited.

(e) For all non-residential uses, exterior wall-mounted floodlights shall be prohibited except for security lighting.

(f) Lighting is required for all off-street parking areas, off-street loading areas, and driveways providing ingress and egress for all non-residential and multi-family developments.

(g) Where practicable, electrical service to outdoor lighting fixtures shall be underground.

(Ord. 785. Passed 9-16-19.)

1331.11 LANDSCAPING, SCREENING, AND BUFFERING.

(a) Screen Plantings.

(1) New non-residential or multi-family development adjacent to single-family residential property (existing or zoned) shall provide a ten (10) foot wide buffer of screen plantings. Upon installation, the buffer shall be not less than five (5) feet tall.

(2) At least fifty percent (50%) of screen planting specimens shall be evergreens, distributed evenly along the length of the barrier.

(3) All species within screen plantings shall be indigenous or otherwise well-suited to the City.

(4) Screen plantings must be continually maintained by the landowner. Any plant material that does not survive shall be replaced within six (6) months.

(5) Screen plantings may be required by the Board of Zoning Appeals as a condition of a conditional use permit.

(6) Screen planting shall not impose a threat to the public safety by obstructing the view of motorists to oncoming traffic or pedestrians.

(7) Screen planting shall not be required where the lot abuts an area of existing natural vegetation that effectively screens the lot from casual observation to a height of at least eight (8) feet.

(b) Buffer Area. The use of ten (10) feet of screen plantings shall remain the preferred method of buffering. However, where a buffer of screen plantings is considered to be impracticable or inappropriate, an opaque fence at least six (6) feet in height so as to restrict a clear view beyond said buffer area may be substituted in whole or in part for a natural buffer, provided its specifications are approved by the Zoning Officer.

(1) Parking lots with twenty (20) stalls or less are exempt from the requirements of this section. If only twenty (20) stalls are required under this code and the applicant chooses to provide more parking, the requirements of this section shall apply.

(2) A landscaping strip of at least five (5) feet in width shall be required between the parking area and the abutting property lines that is not a right of-way, except where driveways or other openings may be required. For non-residential uses adjacent to residential uses a buffer area of ten (10) feet is required.

(3) A landscaping strip ten (10) feet in width shall be provided along any side of parking lot that abuts the right of way of any street, except where driveways or other openings may be required.

(4) The landscaped areas shall not obstruct sight distances for motorists or pedestrians, nor shall such landscaping create any potential hazard to public safety.

(5) Landscaped areas shall be protected from the encroachment of vehicles by use of curbing, wheel stops, bollards, fencing, or other approved barriers.

(6) Owners shall be responsible for maintaining all landscaping, replacing it when necessary, and keeping it free from refuse and debris.

(d) All landscaping, screening, and buffering shall conform to the regulations established for clear sight triangles and shall not obscure or impair the visibility of an operator of a motor vehicle exiting or entering a property.

(Ord. 785. Passed 9-16-19.)

1331.15 ADDITIONAL PRINCIPAL BUILDINGS.

(a) Dwellings. Individual lots or subdivided parcels ten (10) acres or less in size shall have no building or structure used for living purposes in addition to the principal building on the same lot. Undivided land parcels of ten (10) acres or greater in size shall be limited to one (1) dwelling per ten-acre unit of undivided land area.

(b) Non-dwellings. Where a lot is not used for residential purposes in a commercial or industrial district, more than one principal building may be located upon the lot or tract, but only when such buildings conform to all open space and yard requirements around the lot for the district in which the lot or tract is located. A lot is not used for residential purposes for purposes of this subsection when the lot contains a caretaker's residence used in conjunction with an active industrial establishment or a place of worship or religious institution as provided in this code.

(Ord. 785. Passed 9-16-19.)

1331.17 ORIENTATION OF PRINCIPAL STRUCTURES.

All principal structures shall be required to have a front door facing the street unless the Zoning Officer determines that the prevailing condition of the developed lots fronting the same street would warrant a different orientation, or another orientation is necessary for emergency services access. (Ord. 785. Passed 9-16-19.)

1331.19 HEIGHT EXCEPTIONS.

Special industrial structures such as cooling towers, antennas, elevator bulkheads, fire towers, water tanks, and water towers, which require a greater height than provided in the district, may be erected to a greater height than permitted providing:

(1) The structure shall not occupy more than twenty-five percent (25%) of the lot area.

(2) The setback requirements of the district in which the structure is erected shall be increased by one foot for each foot of height over the maximum height permitted; and

(3) The height is necessary to comply with state or federal statutes or regulations.

(Ord. 785. Passed 9-16-19.)

1331.21 STORAGE, GENERAL.

(a) No lot or premise shall be used as a storage area for inoperable automobiles, appliances, or the storage or collection of any other miscellaneous items unless permitted in this code or by state statute. No lot or premise shall be used as a garbage dump or a dead animal rendering plant nor may manure, rubbish, or unauthorized miscellaneous refuse be stored in the open.

(b) Hazardous Materials. Hazardous materials shall not be stored in any residential district. Any storage of hazardous material that is ancillary to a permitted use or a conditional use shall meet the following conditions:

(1) All storage shall comply with all state, federal, and local regulations, including Article 1509, Storage, Handling and Use of Hazardous Substances of the City of Dunbar.

(2) Such material shall be listed and made known with the City of Dunbar Fire Department.

(Ord. 785. Passed 9-16-19.)

1331.23 SWIMMING POOLS.

Private swimming pools are permitted accessory uses only when located in rear yards. Swimming pools and protective barriers must adhere to setback requirements within the zoning district where the pool is located and must conform to the Building Code.

(Ord. 785. Passed 9-16-19.)

1333.01 PARKING.

(a) Location.

(1) In a residential district, no more than forty percent (40%) of the front yard and no more than forty percent (40%) of the back yard may be used for parking, including driveways. Vehicles may not be parked or stored upon any lawn or landscaped area.

(2) For nonresidential properties, if the land between parking areas and the side or rear lot lines or street right-of-way line is landscaped to the satisfaction of the City of Dunbar, parking may be allowed in front, side, and rear yards, but no closer than twenty-five (25) feet from a side or rear lot line or street right-of-way line. All parking shall be designed to be accessible year-round.

(3) Off-street parking spaces, with proper and safe access from a street, shall be provided on all non-residential lots, either within a structure or in the open, to serve the uses upon that lot. The parking spaces required by this code shall be provided on the same lot as the use or on another lot not more than five hundred (500) feet radially from the lot where the use is located only if the Zoning Officer deems it impractical to provide space on the same lot with the building.

(b) Ingress and Egress. Adequate ingress and egress to parking shall be provided by clearly defined driveways.

(1) Driveways shall be located to minimize traffic conflicts with traffic entering the street from either the same or the opposite side of the street.

(2) For residential uses, only one (1) driveway access per unit is permitted, except that a residential lot with one hundred (100) feet or more of frontage along a street may be permitted one (1) additional driveway access.

(3) Non-residential properties in any zoning district with frontages of six hundred (600) feet or less on any individual street are only permitted one (1) driveway intersection per street.

(4) Non-residential properties in any zoning district with frontages greater than six hundred (600) feet may be permitted a maximum of two (2) driveways per street frontage, provided that such driveways are at least three hundred (300) feet apart and that one (1) driveway is clearly marked for egress only and one (1) driveway is clearly marked for ingress only.

(5) Regardless of frontage, a development may be restricted to a single driveway depending on usage and interior and exterior traffic patterns.

(6) All access driveways shall be designed to conform to West Virginia DOT specifications with regard to roads.

(7) An alley shall not be considered adequate as the sole access for a parcel of land.

(d) Parking Requirements. Off-street parking shall be provided such that no vehicles must back directly onto a public street from an off-street parking area. Parking spaces shall be clearly delineated by suitable markings. Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings or signage. The following minimum number of off-street parking spaces per use shall be provided for the uses indicated below.

Table 1333A: Minimum Parking Spaces Required
Use	Minimum Number of Parking Spaces
Residential Uses
Single family residential	2 off-street spaces per dwelling unit
Multi-family residential	1 per bedroom (minimum of 2 parking spaces per unit)
Continuing Care Facility	1 space per 3 beds and 1 space for each employee
Senior Independent Housing	1.5 space for 1 bedroom unit 2 spaces for 2 bedroom unit 2.5 spaces for 3 or more bedroom unit
Educational, Institutional, Social and Fraternal Uses
Assembly (Places of Worship, theaters, auditoriums, etc)	1 space per 4 fixed seats, 1 space per 60 square feet of the main assembly where no fixed seats are used
Community Facility	1 space per 1,000 sq. ft. of gross floor area and 1 space per employee
Cultural Service	1 space per 300 feet of gross floor area

Educational Institution	3 spaces per classroom and 1 space for each employee
School, Pre-school to 12	3 spaces per classroom, 5 per classroom in high schools, 1 space for each employee
School, Commercial	6 spaces per classroom
Business and Industrial
Bed and Breakfast Inn	1 off-street space per guest room; 1 space per non-resident employee; in addition to spaces required for residential use
Child Day Care Facilities	1 space per employee and 1 additional space for every 10 children enrolled; 1 designated drop off and pick-up space is permitted
Clinics	5 spaces for each doctor working at the clinic, 1 space for each employee
Commercial (Retail, Office)	1 space for each 200 square feet of gross floor area
Hospital	1 space per 4 patients and 1 space per employee
Hotels, Motels, etc.	1 space per guest room and 1 space for each 3 employees; 1 space per 3 persons to the maximum capacity of the largest banquet or meeting room
Industrial	1 space per employee on largest shift plus 5 customer parking spaces
Restaurant/Tavern or Drinking Establishment /Night Club	1 space for every 4 seats, plus 1 space per employee
Restaurant, Carry Out	1 space per 2 employees

(e) Combination of Uses. Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use, dividing the gross floor area proportionately between the different uses.

(f) Parking Space Dimensions.

(1) The required parking areas shall be measured exclusive of interior drives or maneuvering areas.

(2) For angle parking, stalls shall be a minimum of nine (9) feet in width and be a minimum nineteen (19) feet in length.

(3) For parallel parking, stalls shall be between eight (8) feet and eight and a half (8.5) feet in width and between twenty-two (22) feet and twenty-four (24) feet in length.

(4) The minimum width of aisles providing access to stalls, varying with angle of the parking, shall be as follows in Table 1333B: Parking Standards:

Table 1333B: Parking Standards
Angle of Parking	Minimum Aisle Width (Double-Sided Parking)	Minimum Aisle Width (Single-Sided Parking)
Parallel	12'	12'
45	12'-8"	12'-8"
60	16'	16'
75	20'	18'
90	24'	18'

(5) Accessible Parking. Accessible parking spaces and passenger loading zones shall be provided in accordance with all applicable federal, state, and local laws, including but not limited to the Americans with Disabilities Act (ADA), ICC A117.1, and West Virginia Code Section 17c-13-6, and any amendments thereto.

(Ord. 785. Passed 9-16-19.)

1333.03 OFF-STREET LOADING REQUIREMENTS.

(a) In connection with any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading berths not less than the minimum requirements specified in this section.

(b) Areas provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuels, and other service vehicles shall be arranged so that they may be used without:

(1) Blocking or interfering with the use of accessways, automobile parking facilities, or pedestrian ways, or

(2) Backing out into a street.

(c) All required loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any traffic lane. No loading berth for vehicles of more than two (2) ton capacity shall be located less than one hundred (100) feet from any residential district. No permitted or required loading berth shall be located within five (5) feet of any property line and shall be within the building setback line.

(d) All off-street loading areas shall include a buffer area between adjacent streets and properties.

(e) Overnight parking of delivery vehicles shall be permitted in the designated delivery bay for the facility receiving the delivery. Overnight parking of trucks, trailers, and delivery vehicles is strictly prohibited on all streets, alleys, parking lots, or vacant lots within the city limits of the City of Dunbar.

(Ord. 785. Passed 9-16-19.)

1335.01 FINDINGS, PURPOSE, AND INTENT; INTERPRETATION.

(a) Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values; preservation of the character of the various neighborhoods; creation of a convenient, attractive, and harmonious community; protection against destruction of or encroachment upon historic areas; and the safety and welfare of pedestrians and wheeled traffic, while providing convenience to citizens and encouraging economic development. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, and size of all signs. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article which can be given effect without the invalid provision. These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, the provisions strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.

(b) Signs not expressly permitted are prohibited.

(c) A sign placed on land or on a building for the purpose of identification, protection, or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of the land or building. Therefore, the intent of this article is to establish limitations on signs in order to ensure they are appropriate to the land, building, or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in this article.

(d) These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant and landscape and architecture of surrounding buildings, legible and appropriate to the activity to which they pertain, not overly distracting to motorists, and constructed and maintained in a structurally sound and attractive condition.

(e) These regulations distinguish between portions of the City designed for primarily vehicular access and portions of the City designed for primarily pedestrian access.

(f) These regulations do not regulate every form and instance of visual speech that may be displayed anywhere within the jurisdictional limits of the City. Rather, the provisions are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.

(Ord. 785. Passed 9-16-19.)

1335.03 PERMIT REQUIRED.

(a) In General. Except as provided in this code, a permit is required prior to the display and erection of any sign.

(b) Application for Permit.

(1) An application for a permit shall be filed with the Zoning Officer on forms furnished by the City. The applicant shall provide sufficient information to determine if the proposed sign is permitted under this code and other applicable laws, regulations, and ordinances. An application for a temporary sign shall state the dates intended for the erection and removal of the sign. An application for an electronic message display shall include the manufacturer's statement that the sign has been pre-programmed, to the extent possible, to conform to the requirements of this code. Such manufacturer's statement shall include, where applicable, the pre-stacked sign settings relating to text and graphic features, message change features, message change time intervals, day and night lighting requirements, and any other settings capable of limiting the electronic message display such that it conforms to this code.

(2) The Zoning Officer shall promptly process the permit application and approve the application, reject the application, or notify the applicant of deficiencies in the application within twenty (20) business days after receipt. Any application that complies with all provisions of this code, the building code, and other applicable laws, regulations, and ordinances shall be approved.

(3) If the application is rejected, the Zoning Officer shall provide a list of the reasons for the rejection in writing.

(c) Permit Fee. A nonrefundable fee shall accompany all permit applications. The permit fee shall be set under Article 1725 of the Code of the City of Dunbar. The fee will be set by the value of the work being performed. If the permit is to resurface an existing sign structure the permit fee will follow the fee schedule in Article 1725 based on total value of the project with an additional fifty dollar ($50.00) fee for each sign being resurfaced.

(d) Duration and Revocation of Permit. If a sign is not installed within six (6) months following the issuance of a permit or the time period stated within the permit, or within thirty (30) days for a temporary permit, the permit shall be void. The permit for a temporary sign shall state its duration, not to exceed thirty (30) days unless otherwise provided in this code. The Zoning Officer shall revoke a permit under any of the following circumstances:

(1) The information in the application was materially false or misleading.

(2) The sign as installed does not conform to the permit application; or

(3) The sign violates this code, building code, or other applicable law, regulation, or ordinance.

(e) Appeals. Appeals from the denial or granting of a permit shall be made to the Board of Zoning Appeals pursuant to the process set out in this code for appeals to the Board of Zoning Appeals. (Ord. 785. Passed 9-16-19.)

1335.05 PERMIT NOT REQUIRED.

The purpose of not requiring a permit for some signage is to exempt certain signs that are frequently used, often by private citizens, and which typically have less of an impact on the public safety and aesthetic concerns of the community from the permitting process. Signs permitted under this section count towards the maximum sign area and maximum number of signs allowed per use. A permit is not required for:

(a) Signs erected by a governmental body or required by law.

(b) Flags up to sixteen (16) square feet in size not containing a commercial message.

(c) The changing of messages on marquees and the repair of an existing permitted sign, except that repair of a nonconforming sign must comply with this code.

(d) Temporary signs as follows:

(1) One (1) sign, no illumination, no more than twelve (12) square feet in area, located on property where a building permit is active.

(2) On any property for sale or rent, one (1) sign with a total area of up to twelve (12) square feet and a maximum height of six (6) feet.

(3) Signs posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties, provided that all such signs including their frames, bases, and supports shall be removed no more than ten (10) days after their purpose has been accomplished.

(4) No more than four (4) temporary signs with a total area of no more than twelve (12) square feet, and which are removed within ninety (30) days after being erected.

(5) Window signs.

(6) On any property where a new use began activity within the last six (6) months, banners displayed for not more than fifteen (15) days in one calendar year for a particular use at a particular location.

(e) Two (2) minor signs per use.

(f) A-frame signs more than fifty (50) feet from the nearest public right of way.

(g) Pavement markings. Any sign applied directly and entirely to and flush with an asphalt, concrete, or similar paved surface.

(h) A permanent window sign, provided that the aggregate area of all window signs on each window or door does not exceed twenty-five percent (25%) of the total area of the window or door.

(i) Signs permitted under this section count towards the allowable maximum sign square footage for a particular use or property.

(Ord. 785. Passed 9-16-19.)

1335.07 PROHIBITED SIGNS.

The purpose of prohibiting the following signage is to address the community's substantial public safety and welfare concerns, including aesthetic concerns and protecting property values, associated with certain types of signage. In addition to signs prohibited elsewhere in this code or by applicable state or federal law, the following signs are prohibited:

(a) General Prohibitions.

(1) Signs that violate state or federal relating to outdoor advertising or in violation of this code.

(2) Signs attached to natural vegetation.

(3) Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority. Any such sign is subject to immediate removal and disposal by an authorized City official as a nuisance.

(4) Vehicle or trailer signs.

(5) Freestanding sign more than twenty-five (25) feet in height.

(6) Signs hanging from supports, except against the face of a building.

(7) Animated signs, except where animated sign features as part of an electronic message display are expressly permitted.

(8) Flashing signs or other signs displaying flashing, scrolling, or intermittent lights or lights of changing degrees of intensity, except where such signs are expressly permitted.

(9) Fully animated electronic message displays.

(10) Signs displaying profanity.

(b) Prohibitions Based on Materials.

(1) Signs consisting of illuminated tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows, or wall edges of any building, except for temporary decorations not to exceed three (3) months per year.

(2) Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas.

(3) Signs that emit sound.

(4) Pennants or strings of flags visible from, and within ten (10) feet of, any public right-of-way.

(5) Pole signs less than four (4) feet in height.

(6) Neon signs, except in windows where permitted in a district.

(1) Off-premises signs, unless specifically permitted by this chapter.

(2) Signs erected on public land other than those approved by the Zoning Officer in writing, required by law without such approval, or permitted under West Virginia law. Any sign not so authorized is subject to immediate removal by the City, with the costs charged to the owner or person having control of such sign, with payment due within thirty (30) days of notice of charges. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign.

(3) Roof signs. Signs on the roof surface or extending above the roofline of a building or its parapet wall.

(4) Any sign located in the vision triangle formed by any two (2) intersecting streets and alley.

(5) Window signs with an aggregate area on a window or door in excess of twenty-five percent (25%) of the total area of the window or door or located above the first floor unless the related use is only on the floor where the window sign is displayed.

(Ord. 785. Passed 9-16-19.)

1335.09 GENERAL REQUIREMENTS.

(a) Setback and Placement. Except as otherwise permitted, all freestanding signs and flagpoles shall be set back from any public right-of-way at least the height of the sign or flagpole. Electronic message displays shall be placed perpendicular to residential structures where possible and shall comply with Federal Communications Commission regulations, including the avoidance of harmful interference with radio frequencies.

(b) Illumination.

(1) Definitions.

A. "Candela" means the basic unit of measurement of light in SI (metric) units.

B. "Candela per square meter (cd/m²)" means the SI (metric) unit used to describe the luminance of a light source or of an illuminated surface that reflects light. Also referred to as Nits.

C. "Nit" means a photometric unit of measurement referring to luminance. One nit is equal to one cd/m².

D. "SI (International System of Units)" means the modern metric system of measurement, abbreviated SI for the French term "Le Systeme International d'Unites."

(2) A sign in any district may be illuminated at night. Signs that are illuminated at night may not exceed a maximum luminance level of seven hundred and fifty (750) cd/m² or Nits, regardless of the method of illumination, at least one-half hour before Apparent Sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), US Department of Commerce, for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until Apparent Sunrise, as determined by the NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions.

(3) The maximum luminance during daylight conditions, between Apparent Sunrise and one-half hour before Apparent Sunset, shall be ten thousand (10,000) cd/m² or Nits.

(4) All permitted and conditional use signs may be backlit, internally lighted, or indirectly lighted, subject to lighting limitations in this code. All external sign lighting shall have lighting fixtures or luminaires that are fully shielded.

(5) Temporary signs shall not be lighted.

(c) Maximum Height Measurements. Wall signs and other signs with sign structures not affixed to the ground are measured from the lowest attached component of the sign to the highest attached component of the sign. The maximum height for signs with sign structures affixed to the ground is measured as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign, subject to limitations in this article. Normal grade is the lower of:

(1) Existing grade prior to construction; or

(2) The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating primarily for the purpose of mounting or elevating the sign.

(d) Measurement of Sign Area. Sign area is calculated under the following principles:

(1) With signs that are regular polygons or circles, the area can be calculated by the mathematical formula for that polygon or circle. With signs that are not regular polygons or circles, the sign area is calculated using all that area within a maximum of three abutting or overlapping rectangles that enclose the sign face.

(2) The permitted area of a double-faced a-frame sign shall be considered to be the area on one side only. If one face contains a larger sign area than the other, the larger face shall be used in calculating the sign area.

(3) For projecting signs, the sign area also includes the area of the visible sides of the sign, calculated as a rectangle enclosing each entire side view.

(4) Supports, uprights, or structures on which any sign is supported shall not be included in determining the sign area unless such supports, uprights, or structure are designed in such a way as to form an integral background of the display; except, however, when a sign is placed on a fence, wall, planter, or other similar structure that is designed to serve a separate purpose other than to support the sign, the entire area of such structure shall not be computed.

(5) In instances where there are multiple tenants or users on a property or in a building, allowable sign area for all parties shall not exceed the maximum sign area computed based upon the number of tenants multiplied by forty (40) square feet per tenant. In no case shall any tenant sign exceed forty (40) square feet.

(e) Wall Signs. Wall signs shall provide as part of permit application:

(1) Written permission from the operator and/or owner of the building.

(2) The name and address of the person applying the wall sign; and

(3) A clear drawing of the proposed wall sign including dimensions and location.

(Ord 785. Passed 9-16-19.)

1335.10 NONCONFORMING SIGNS.

(a) Signs lawfully existing on the effective date of this code which do not conform to the provisions of this code, and signs which are accessory to a nonconforming use shall be deemed nonconforming signs and may remain except as qualified below.

(1) No nonconforming sign shall be enlarged nor shall any feature of a nonconforming sign, such as illumination, be increased.

(2) Nonconforming signs shall not be extended, structurally reconstructed, altered in any manner, or replaced with another nonconforming sign, except as permitted in this code.

(3) Nonconforming signs shall not be moved for any distance on the same lot or to any other lot unless such change in location will make the sign conform in all respects to the provisions of this article.

(4) A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding fifty percent (50%) of its area may be restored within six (6) months after such destruction or damage but shall not be enlarged. If such sign is so destroyed or damaged to an extent exceeding fifty percent (50%) of its area, the sign shall not be reconstructed but may be replaced with a sign that is in full accordance with this code.

(5) Nonconforming sign structures shall be removed if the use to which it is accessory has not been in operation for a period of one (1) year or more, except as provided in Section 1335.11(h). Such sign structure shall be removed or made conforming by the owner or lessee of the property. If the owner or lessee fails to remove or make conforming the sign structure within thirty (30) days of notice by the Zoning Officer, the Zoning Officer may cause the sign to be made conforming or removed and the cost of such removal or modification shall be charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges.

(6) If a nonconforming sign is altered such that the sign is conforming or is replaced by a conforming sign, such sign shall thereafter be kept in accordance with the provisions of this code.

(b) The burden of establishing nonconforming status of signs and the physical characteristics and location of such signs shall be with the owner of the property. Upon notice from the Zoning Officer, a property owner shall submit verification that sign(s) were lawfully erected. Failure to provide such verification shall be cause the sign to be deemed an illegal sign.

(Ord. 785. Passed 9-16-19.)

1335.11 MAINTENANCE AND REMOVAL.

(a) All signs shall be constructed and mounted in compliance with the West Virginia Uniform Statewide Building Code. All signs and components thereof shall be maintained in good repair and in a safe, neat, and clean condition.

(b) Safety Hazard. The Zoning Officer may cause to have removed or repaired immediately without written notice any sign which has become insecure, in danger of falling, or otherwise unsafe, and, as such, presents an immediate threat to the safety of the public. If such action is necessary to render a sign safe, the cost of such emergency removal or repair shall be charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges.

(c) Nuisance. Any sign which constitutes a nuisance shall be abated by the owner within thirty (30) days of notice by the Zoning Officer. At any time, the Zoning Officer may cause the nuisance to be abated with the costs charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges.

(d) Illegal Sign and Disrepair. Any sign which is illegal or in disrepair shall be made conforming or repaired within thirty (30) days of notice from the Zoning Officer. Signs of disrepair include chipped paint, missing or significantly faded letters or other aspects of the sign, cracked portions of the sign face, broken lighting, graffiti, and unleveled portions of the sign structure or face. If an illegal sign or a sign in disrepair is not made conforming or repaired, the Zoning Officer may cause the sign to be removed or repaired and the cost of such removal or repair shall be charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges.

(e) Expired Permit. Any sign for which a permit has expired shall be removed within five (5) days of the permit expiration. If the sign is not removed, the Zoning Officer may cause the sign to be removed and the cost of such removal shall be charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges.

(f) Signs located within ten (10) feet of any public right-of-way and in violation of this code may be impounded at any time.

(g) The owner of any commercial sign, whether conforming or nonconforming, other than a permitted off-premise sign, located on commercial property where the use or business has ceased operating shall, within sixty (60) days of the cessation of the use or business operation, remove temporary signs and all aspects of any permanent commercial sign. Property owner may request, in writing, a waiver of such requirement if the commercial use is temporarily or seasonally operational, is remodeling, or otherwise has the bona fide intention of opening the commercial use back up within one (1) year of time of cessation.

(Ord. 785. Passed 9-16-19.)

1335.13 TEMPORARY SIGNS.

Temporary signs pose distinct concerns with visual clutter, safety in erection and display, and clean-up when the time for display has concluded. Temporary signs also pose distinct concerns with materials quality. The following provisions and individual zoning of temporary signs per district serve to address these concerns.

(a) Temporary signs require a permit, except as provided in this article, and may be permitted up to thirty (30) days each calendar year.

(b) Temporary signs may be erected in any district in the following forms: banner, chalkboard sign, window sign, wall sign, and wicket signs. In the General Commercial and Industrial districts, the following additional temporary signs may be erected or utilized: feather sign, inflatable sign, and person assisted sign.

(c) A use may erect one (1) temporary, off-premises sign on property in any district, except residential districts, with the consent of the persons in charge of such properties, no more than two (2) times in one (1) calendar year. Each sign shall be no more than eight (8) feet in height and sixteen (16) square feet in area, which area counts against the maximum sign area permitted on that lot.

(d) No more than ten (10) permitted temporary signs may be displayed per lot in non-residential districts.

(e) Temporary signs that use thin wire frame (wicket style double "H" wire frame) are prohibited on public property and public right of ways. Temporary signs on public property and public right of ways shall be constructed of heavy metal angle iron frames or PVC bases.

(f) Person assisted signs shall not be located more than ten (10) feet from the entrance to a building or within ten (10) feet of a right-of-way.

(Ord. 785. Passed 9-16-19.)

1335.15 SIGNS FOR SINGLE FAMILY RESIDENTIAL, SPECIAL RESIDENTIAL, MULTI-FAMILY, AND RECREATION DISTRICTS.

Signage in residential and recreation districts poses a heightened risk of visual blight and unsightly clutter, as residential neighborhoods typically contain markedly less signage than other districts in order to maintain the residential character of the neighborhood. At the same time, communicating from one's residence is a distinct and impactful form of speech that should be protected, and nonresidential uses should be afforded adequate signage incidental to the primary use, i.e. on-premises signs. Signs permitted in these districts are smaller, fewer in number, and limited in sign type in order to limit visual clutter and distraction, while affording ample speech.

(a) Permitted sign use as accessory to dwellings: wall sign, window sign, minor sign, temporary sign, wicket sign, sign affixed to mailbox.

(b) Permitted sign use as accessory to non-dwellings: changeable message sign, freestanding sign, monument sign, wall sign, window sign, static electronic message display, static electronic message display with transition features, and partially animated electronic message display. Only one (1) of each is permitted per use, except wall signs and window signs.

(c) No more than one (1) flag as accessory to a dwelling and no more than two (2) flags as accessory to a non-dwelling are permitted.

(d) Dimension Specifications Chart. All maximum sign area requirements include the sum total sign area of all signs per use. No signs in these districts may extend over a right-of-way or sidewalk.

	Permitted as Accessory to Dwellings	Permitted as Accessory to Non-dwellings	Temporary Signs as Accessory to Dwellings and Non-dwellings	Flags
Max. Sign Area	3 sq. ft.	40 sq. ft.	16 sq. ft.	16 sq. ft. each
Height	Max 4 ft.	Max the height of the building to which the sign is attached, or 5 ft. for standalone signs	Max 4 ft.	Max 25 ft.

(Ord. 785. Passed 9-16-19.)

1335.17 SIGNS FOR GENERAL COMMERCIAL DISTRICT.

On-premises signage in commercial areas is essential for the operation of a variety of uses. However, in lighter commercial developments, particularly those near residential development and neighboring residential districts, signage that is less intrusive by being smaller, shorter in height, and more uniform in sign type improves the aesthetic qualities of these and neighboring districts and limits the visual distraction of signage.

(a) Permitted sign use as accessory to dwellings shall be the same as for Section 1335.15.

(b) Permitted sign use as accessory to non-dwellings: a-frame sign, awning or canopy sign, banner, chalkboard sign, changeable copy sign, feather sign, freestanding sign, marquee sign, monument sign, wall sign, wicket sign, window sign, static electronic message display, static electronic message display with transition features, and partially animated electronic message display. Only one of each is permitted per use, except wall signs and window signs.

(c) No more than one (1) flag as accessory to a dwelling and no more than two (2) flags as accessory to a non-dwelling are permitted.

(d) Dimension Specifications Chart. All maximum sign area requirements include the sum total sign area of all signs per use.

	Freestanding Signs	All Other Permanent Signs	Temporary Signs	Flags
Max. Sign Area (each/total)	150 sq. ft./150 sq. ft.	50 sq. ft./100 sq. ft.	16 sq. ft./160 sq. ft.	16 sq. ft. each
Height	Max 120 ft.	Min 20 ft. from grade to bottom of sign face for signs extending over a right-of-way or sidewalk	Max 4 ft.	Max 25 ft.

(Ord. 785. Passed 9-16-19.)

1335.19 SIGNS FOR INDUSTRIAL DISTRICT.

Signage in industrial areas is allowed to a greater extent, in size, number, and sign type, in order to maintain proportion to the size and scope of uses typically present within these districts. However, even the most intensive use districts in smaller communities are still limited in signage to some degree in order to maintain the small town character of smaller communities and to limit visual distraction by signage.

(a) Permitted sign use as accessory to dwellings shall be the same as for Section 1335.15.

(b) Permitted sign use as accessory to non-dwellings: a-frame sign, awning or canopy sign, banner, chalkboard sign, changeable copy sign, commercial sign, feather sign, freestanding sign, marquee sign, monument sign, neon sign, wall sign, wicket sign, window sign, static electronic message display, static electronic message display with transition features, and partially animated electronic message display. Only one of each is permitted per use, except wall signs, window signs, and permitted off-premises signs.

(d) No more than one (1) flag as accessory to a dwelling and no more than two (2) flags as accessory to a non-dwelling are permitted.

(e) Dimension Specifications Chart. All maximum sign area requirements include the sum total sign area of all signs per use.

	Freestanding Signs	All Other Permanent Signs	Temporary Signs	Flags
Max. Sign Area (each/total)	150 sq. ft./150 sq. ft.	100 sq. ft.	16 sq. ft./160 sq. ft.	16 sq. ft. each
Height	Max 120 ft.	Min 20 ft. from grade to bottom of sign face for signs extending over a right-of-way or sidewalk	Max 10 ft.	Max 25 ft.

(Ord. 785. Passed 9-16-19.)

1337.01 PURPOSE AND GENERAL PROVISIONS.

(a) Purpose and Applicability. The purpose of this Chapter is to set forth standards and regulations regarding the continued existence of uses, structures, and lots established prior to the effective date of this code (or any amendment subsequent thereto) that do not conform to this code. These standards shall apply to all nonconforming uses, structures, and lots, as defined by this code.

(b) General Provisions.

(1) Nonconforming lots, structures, or uses may continue to exist, be bought or sold, altered, restored, or extended only in accordance with the provisions of this code.

(2) Nothing in this code shall prevent the strengthening or restoring to a safe condition of any portion of a nonconforming structure declared unsafe by a proper authority.

(3) Nothing in this code shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of legal enactment of this code.

(4) Whenever the boundaries of a district shall be changed such that an area is transferred from one district to another district of a different classification, the foregoing provisions shall apply to any nonconformities created by the transfer.

(5) Nothing in this section prohibits alterations or additions to or replacement of buildings or structures owned by any farm, industry, or manufacturer, or the use of land presently owned by any farm, industry, or manufacturer but not used for agricultural, industrial, or manufacturing purposes, or the use or acquisition of additional land which may be required for the protection, continuing development, or expansion of any agricultural, industrial, or manufacturing operation of any present or future satellite agricultural, industrial, or manufacturing use.

(Ord. 785. Passed 9-16-19.)

1337.03 NONCONFORMING USES.

(a) Where, at the effective date of adoption or amendment of this code, a lawful use of a lot or structure exists that is made no longer permissible under the terms of this code as enacted or amended, such use may be sold or otherwise transferred to other owners and may be continued as long as it remains otherwise lawful in accordance with the provisions of this Chapter.

(b) No nonconforming use of a lot or nonconforming use of a structure shall be enlarged or increased or extended to occupy a greater area of the lot or structure than was occupied at the effective date of adoption or amendment of this code, unless the Board of Zoning Appeals, after public hearing, interprets that the enlargement or extension is necessitated by the natural expansion and growth of the nonconforming use. Any such enlargement or expansion shall conform to the area, height, and yard requirements of the zoning district in which it is located.

(c) Upon authorization by the Board of Zoning Appeals, a non-conforming use may be changed to another equal or less intense non-conforming use.

(d) Once a nonconforming use has been changed or converted to a conforming use, the nonconforming use shall not be re-established.

(e) When a nonconforming use is discontinued for twelve (12) months, abandonment is presumed, and the nonconforming use shall not be re-established. Any future use of the land, buildings, or structures shall conform and be in accordance with all applicable rules, regulations, and requirements of the particular zoning district wherein the property is located. Abandonment of a nonconforming use shall be presumed if one (1) or more of the following conditions exists, indicating intent on the part of the property owner to abandon the nonconforming use:

(1) When the intent of the owner to discontinue the use is apparent.

(2) Utilities, such as water, gas, and electricity to the property have been disconnected.

(3) The property, buildings, and grounds have fallen into disrepair as evidenced by proper code violation documentation.

(4) When the nonconforming use has been replaced by a conforming use.

(5) When the nonconforming use has been changed to a use permitted by conditional use by the Board of Zoning Appeals; or

(6) The business license issued by the City of Dunbar has expired and has not been renewed.

(f) The Zoning Officer shall be responsible for preparing a list of all nonconforming uses existing at the time of the legal enactment of this code and such list shall be maintained for public use and information.

(Ord. 785. Passed 9-16-19.)

1337.05 NONCONFORMING STRUCTURES.

(a) Any legal, pre-existing nonconforming structure damaged by fire, flood, explosion, or other disaster event may be reconstructed and used as before, so long as the structure is damaged no more than fifty percent (50%) of appraisal value prior to incurring damage, exclusive of foundations, determined at owner's expense. The appraisal value shall not be determined by tax assessment. An application to the Board of Zoning Appeals for permission to reconstruct a damaged or destroyed structure must be filed prior to undertaking the repairs, otherwise any structure shall conform to and be in accordance with all applicable rules, regulations, and requirements of the particular district as provided in this code.

(1) The reconstructed structure shall not exceed the height, area, or volume of the original structure; and

(2) Reconstruction shall be commenced within one (1) year from the date the structure was destroyed or condemned and shall be carried on without interruption.

(b) If any building occupied by a nonconforming use is damaged more than fifty percent (50%) of its appraisal value exclusive of foundations, such building must conform to this code upon reconstruction.

(c) The extension of a lawful use to any portion of a nonconforming structure shall not be deemed the extension of a nonconforming use.

(Ord. 785. Passed 9-16-19.)

1337.07 NONCONFORMING LOTS.

(a) Except as provided below, a nonconforming vacant lot existing and of official record as of the effective date of this code may be developed for any of the uses permitted by these regulations in the zoning district in which it is located, provided that the use meets all applicable yard and setback requirements for the zoning district in which the lot is located.

(b) A nonconforming vacant lot shall not be developed as described in subsection (a) if it could be combined with an adjoining lot owned by the same owner, and any or all future assigns, on or after the effective date of these regulations in order to create a single lot. Where an owner owns adjoining property, construction may occur across the lot lines if doing so is the only way the yard requirements may be met without a variance. If said combination, however, results in the creation of a single lot that is more than one and one-half (1.5) times the minimum lot width or area required in the zoning district, then the single lot may be divided into two lots of equal width and area without being further classified as non-conforming. For the purposes of this Section, "adjoining" shall be deemed to mean the sharing of one or more common lot lines and access to both lots can be provided by the same street without crossing that street.

(Ord. 785. Passed 9-16-19.)

1337.09 NONCONFORMING ACCESSORY USES AND STRUCTURES.

No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, damage, or destruction unless such accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located. No nonconforming accessory use or structure shall become or replace any terminated principal nonconforming use or structure.

(Ord. 785. Passed 9-16-19.)

CHAPTER ONE

Zoning Administration

CHAPTER THREE

Zoning Districts and Regulations

ARTICLE 1315 Zoning Districts and Maps
ARTICLE 1317 Single Family Residence District (R-1)
ARTICLE 1319 Special Residential District (R-1A)
ARTICLE 1321 Multi-Family District (R-2)
ARTICLE 1323 Recreation District (REC)
ARTICLE 1325 General Commercial District (B-1)
ARTICLE 1327 Industrial District (I-1)
ARTICLE 1329 Supplemental Regulations
ARTICLE 1331 General Regulations
ARTICLE 1333 Parking and Off-Street Loading
ARTICLE 1335 Signs
ARTICLE 1337 Nonconforming Uses, Lots, and Structures

CHAPTER FIVE

Subdivision Regulations

Dunbar City Zoning Code

CHAPTER THREE

Zoning Districts and Regulations

APPENDIX A Official Zoning Map

(Ord. 785. Passed 9-16-19.)

APPENDIX B Use Table

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Adult Business					C	C
Amphitheater					P
Animal Hospital/Veterinary Office					P
Automobile Car Wash					P
Automobile Repair/Service					P
Bakery					P
Bank/Financial Institution					P
Bed and Breakfast Inn	C	C	C
Boat and Marine Sales/Service					P
Boat Storage					P
Brewery Pub					P
Broadcasting Studio (radio/television)					P
Building Material Facility						P
Bus/Transit Facilities						P
Bus/Transit Shelter	P	P	P	P	P	P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Campground				P
Catering Business					P
Child Care Center					P
Child Care Facility					P
Child Care Home	P	P	P
Clinic					P
Community Facility, Private					P
Continuing Care Facility					P
Convenience Store					P
Conversion of Old School/Church	C	C	C	C	C	C
Cultural Service					P
Distribution Facility						P
Distillery						P
Dog Day Care					C
Dry Cleaner					P
Dwelling, Apartment					P
Dwelling, Condominium			C
Dwelling, Mixed Use					P
Dwelling, Multi-Family			P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Dwelling, Single Family	P	P	P
Dwelling, Townhouse			P
Dwelling, Two Family			P
Educational Institution					P
Emergency Services	P	P	P	P	P	P
Emergency Shelter	P	P	P	P	P	P
Equipment Rental/Repair					P
Essential Utilities and Equipment	P	P	P	P	P	P
Farm/Construction Equipment and Supply Sales					P
Farmer’s Market/Produce Stand					P
Flea Market					P
Freight Terminal						P
Funeral Home					P
Garage, Community			P
Garage, Private	P	P	P	P	P	P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Garden Center					P
Gas Station					P
Gas Station, Large					P
Governmental Operations	P	P	P	P	P	P
Greenhouse, Non-Commercial	P	P	P
Greenhouse, Commercial					P
Group Residential Facility	P	P	P	P	P	P
Group Residential Home	P	P	P	P	P	P
Half-way House						C
Health Club					P
Home-Based Business (Low-Impact)	C	C	C
Home-Based Business (No-Impact)	P	P	P
Hospital					P
Hotel/Motel					P
Incinerator						C

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Industrial Park						P
Kennel						P
Laboratory					C	C
Laundromat					P
Liquor Store					P
Lumberyard						P
Manufacturing (Heavy)						P
Manufacturing (Light)						P
Medical Adult Day Care Center					P
Night Club					P
Office Supply Establishment					P
Opioid Treatment Services						P
Parcel Delivery Facility						P
Park	P	P	P	P	P	P
Parking Lot					P	P
Parking Structure					P	P
Pawn Shop					P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Personal Service	C	C	C		P
Pet Shop					P
Pharmacy					P
Photographic Studio					P
Places of Worship/Religious Institution	P	P	P		P	P
Private Club					P
Professional Services					P
Recreation, Commercial Indoor					P
Recreation, Commercial Outdoor					P
Recreation, Municipal				P
Recycling Facility						P
Research and Development					C	P
Restaurant, Carry Out					P
Restaurant, Fast Food					P
Restaurant, Sit Down					P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Retail Store					P
Roadside Stand					C
Roadside Vendor Stand					C
School, Commercial					C	P
School, Pre-School to 12	P	P	P	P	P	P
Self-Storage Facility					P
Senior Independent Housing			P
Sewage Treatment Facility					P
Shopping Center					P
Solar Energy System, Small	P	P	P	P	P	P
Sports Arena				P	P	P
Studio, Dancing, Music, or Art					P
Tattoo Parlor/Body Piercing Studio					P
Tavern/Drinking Establishment					P
Telecommunications, Class I	P	P	P	P	P	P

City of Dunbar Zoning Ordinance Use Table P = Permitted (“By-Right”): C= Conditional (Board of Zoning Appeals)
Uses
Uses	Single Family Residential	Special Residential	Multi-Family	Recreation	General Commercial	Industrial
Telecommunications, Class II					P	P
Telecommunications, Class III					P	P
Theater					P
Truck Terminal						P
Vehicle Rental, Sales, and Service					P
Video Lottery Establishment					P
Warehouse						P
Wholesale Establishment					P
Winery					P

(Ord. 785. Passed 9-16-19.)

1315.01 ESTABLISHMENT OF DISTRICTS.

In order to apply the provisions of this code, the City is hereby divided into the following classes of districts for the purpose of zoning:

(a) Single Family Residence (R-1)

(b) Special Residential (R-1A)

(d) Recreation (REC)

(e) General Commercial (B-1)

(f) Industrial (I-1)

(Ord. 785. Passed 9-16-19.)

1315.03 MAP AND BOUNDARIES.

(a) The boundaries of all zoning districts are shown on the Official Zoning Map, which is the official zoning map for the City of Dunbar. The map is part of this code and is included in Appendix A.

(d) Separate garage apartments are not permitted in R-1, R-1A, and R-2 zoned areas.

(e) A chart of the uses permitted by right and conditional uses are included in Appendix B.

(Ord. 785. Passed 9-16-19.)

1317.01 PURPOSE.

(Ord. 785. Passed 9-16-19.)

1317.03 PERMITTED USES IN THE SINGLE FAMILY RESIDENCE DISTRICT (R-1).

Section 1317.03 Single Family Residence District (R-1)
*denotes uses with supplemental regulations
Residential Uses
Dwelling, Single Family	P
Group Residential Facility	P
Group Residential Home	P
Commercial
Bed and Breakfast Inn	C*
Conversion of Old School/Church	C
Personal Service	C
Public Facilities
But/Transit Shelter	P
Emergency Services	P
Emergency Shelter	P
Essential Utilities and Equipment	P
Telecommunications, Class I	P
Recreation, Education, Public Assembly
Governmental Operations	P
Park	P
Place of Worship/Religious Institution	P
School, Pre-school to 12	P
Accessory Uses
Child Care Home	P*
Garage, Private	P
Greenhouse, Non-Commercial	P*
Home-based Business (Low-Impact)	C*
Home-based Business (No-Impact)	P*
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1317.05 SINGLE FAMILY RESIDENCE DISTRICT (R-1) LOT REQUIREMENTS.

Single Family Residence District (R-1) Lot Requirements
Max. Building Height	30 feet
Min. Front Setback	20 feet
Min. Side Setback	3 feet
Min. Rear Setback	30 feet
Min. Lot Size (Sq. Ft.)	3,600 square feet
Min. Lot Width	30 feet
Max. Lot Coverage (as a %)	50%

(Ord. 785. Passed 9-16-19.)

1319.01 PURPOSE.

1319.03 PERMITTED USES IN THE SPECIAL RESIDENCE DISTRICT (R-1A).

Section 1319.03 Special Residence District (R-1A) *denotes uses with supplemental regulations
Residential Uses
Dwelling, Single Family	P
Group Residential Facility	P
Group Residential Home	P
Commercial
Bed and Breakfast Inn	C*
Conversion of Old School/Church	C
Personal Service	C
Public Facilities
But/Transit Shelter	P
Emergency Services	P
Emergency Shelter	P
Essential Utilities and Equipment	P
Telecommunications, Class I	P*
Recreation, Education, Public Assembly
Governmental Operations	P
Park	P
Place of Worship/Religious Institution	P
School, Pre-school to 12	P
Accessory Uses
Child Care Home	P*
Garage, Private	P
Greenhouse, Non-Commercial	P*
Home-based Business (Low-Impact)	C*
Home-based Business (No-Impact)	P*
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1319.05 SPECIAL RESIDENTIAL DISTRICT (R-1A) LOT REQUIREMENTS.

Special Residential District (R-1A) Lot Requirements
Max. Building Height	50 feet, not to exceed 3 stories
Min. Front Setback	25 feet
Min. Side Setback	10 feet
Min. Rear Setback	30 feet
Min. Lot Size (Sq. Ft.)	7,200 square feet
Min. Lot Width	60 feet
Max. Lot Coverage (as a %)	50%

(Ord. 785. Passed 9-16-19.)

1321.01 PURPOSE.

1321.03 PERMITTED USES IN THE MULTI-FAMILY DISTRICT (R-2).

Section 1321.03 Multi-Family District (R-2) *denotes uses with supplemental regulations
Residential Uses
Dwelling, Condominium	C
Dwelling, Multi-Family	P
Dwelling, Single Family	P
Dwelling, Townhome	P
Dwelling, Two Family	P
Group Residential Facility	P
Group Residential Home	P
Senior Independent Housing	P

Commercial
Bed and Breakfast Inn	C*
Conversion of Old School/Church	C
Personal Service	C
Public Facilities
But/Transit Shelter	P
Emergency Services	P
Emergency Shelter	P
Essential Utilities and Equipment	P
Telecommunications, Class I	P*
Recreation, Education, Public Assembly
Governmental Operations	P
Park	P
Place of Worship/Religious Institution	P
School, Pre-school to 12	P
Telecommunications, Class I	P*
Accessory Uses
Child Care Home	P*
Garage, Community	P
Garage, Private	P
Greenhouse, Non-Commercial	P*
Home-based Business (Low-Impact)	C*
Home-based Business (No-Impact)	P*
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1321.05 MULTI-FAMILY DISTRICT (R-2) LOT REQUIREMENTS.

Multi-Family District (R-2) Lot Requirements
Max. Building Height	50 feet, not to exceed 4 stories
Min. Front Setback	20 feet
Min. Side Setback	3 feet
Min. Rear Setback	30 feet for less than 4 stories, or 35 feet for 4 stories
Min. Lot Size (Sq. Ft.)	7,200 square feet
Min. Lot Width	60 feet
Max. Lot Coverage (as a %)	50%

(Ord. 785. Passed 9-16-19.)

1323.01 PURPOSE.

1323.03 PERMITTED USES IN THE RECREATION DISTRICT (REC).

Section 1323.03 Recreation District (REC) *denotes uses with supplemental regulations
Residential Uses
Group Residential Facility	P
Group Residential Home	P
Commercial
Campground	P
Conversion of Old School/Church	C
Sports Arena	P
Public Facilities
But/Transit Shelter	P
Emergency Services	P
Emergency Shelter	P
Essential Utilities and Equipment	P
Governmental Operations	P
Telecommunications, Class I	P*
Recreation, Education, Public Assembly
Park	P
Recreation, Municipal	P
School, Pre-school to 12	P
Accessory Uses
Garage, Private	P
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1325.01 PURPOSE.

(Ord. 785. Passed 9-16-19.)

1325.03 PERMITTED USES IN THE GENERAL COMMERCIAL DISTRICT (B-1).

Section 1325.03 General Commercial District (B-1) *denotes uses with supplemental regulations
Residential Uses
Dwelling, Apartment	P
Dwelling, Mixed Use	P
Group Residential Facility	P
Group Residential Home	P
Commercial
Adult Business	C*
Amphitheater	P
Animal Hospital/Veterinary Office	P
Automobile Car Wash	P

Automobile Repair/Service	P*
Bakery	P
Bank/Financial Institution	P
Boat and Marine Sales/Service	P*
Boat Storage	P*
Brewery Pub	P
Broadcasting Studio (radio/television)	P
Catering Business	P
Child Care Center	P*
Child Care Facility	P*
Clinic	P
Community Facility, Private	P
Continuing Care Facility	P
Convenience Store	P
Conversion of Old School/Church	C
Cultural Service	P
Dog Day Care	C*
Dry Cleaner	P
Equipment Rental/Repair	P
Farm Construction Equipment and Supply Sales	P
Farmer's Market/Produce Stand	P
Flea Market	P
Funeral Home	P
Garden Center	P*
Gas Station	P
Gas Station, Large	P
Greenhouse, Commercial	P
Health Club	P
Hospital	P
Hotel/Motel	P
Laboratory	C
Laundromat	P
Liquor Store	P
Medical Adult Day Care Center	P
Night Club	P
Office Supply Establishment	P
Parking Lot	P*
Pawn Shop	P
Personal Service	P
Pet Shop	P
Pharmacy	P
Photographic Studio	P
Private Club	P
Professional Services	P
Research and Development	C
Restaurant, Carry Out	P
Restaurant, Fast Food	P
Restaurant, Sit Down	P
Retail Store	P
Roadside Stand	C
Roadside Vendor Stand	C
Self-Storage Facility	P
Sewage Treatment Facility	P
Shopping Center	P
Studio, Dancing, Music, or Art	P
Tattoo Parlor/Body Piercing Studio	P
Tavern/Drinking Establishment	P
Theater	P
Vehicle, Rental, Sales and Service	P*
Video Lottery Establishment, Limited	P*
Wholesale Establishment	P
Winery	P
Public Facilities
But/Transit Shelter	P
Emergency Services	P
Emergency Shelter	P
Essential Utilities and Equipment	P
Telecommunications, Class I	P*
Telecommunications, Class II	P*
Telecommunications, Class III	P*
Recreation, Education, Public Assembly
Educational Institution	P
Governmental Operations	P
Park	P
Place of Worship/Religious Institution	P
Recreation, Commercial Indoor	P
Recreation, Commercial Outdoor	P
School, Commercial	C
School, Pre-school to 12	P
Sports Arena	P

Accessory Uses
Garage, Private	P
Parking Lot	P
Parking Structure	P
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1325.05 GENERAL COMMERCIAL (B-1) LOT REQUIREMENTS.

General Commercial District (B-1) Lot Requirements
Max. Building Height	80 feet
Min. Front Setback	None
Min. Side Setback	None
Min. Rear Setback	None
Min. Lot Size (Sq. Ft.)	None
Min. Lot Width	None
Max. Lot Coverage (as a %)	None

(Ord. 785. Passed 9-16-19.)

1327.01 PURPOSE.

The purpose of the Industrial District is to encourage a centralized industrial area within the City.

(Ord. 785. Passed 9-16-19.)

1327.03 PERMITTED USES IN THE INDUSTRIAL DISTRICT (I-1).

Section 1327.03 Industrial District (I-1) *denotes uses with supplemental regulations
Residential Uses
Group Residential Facility	P
Group Residential Home	P
Halfway House	C
Commercial
Adult Business	C*
Conversion of Old School/Church	C
Laboratory	C
Opioid Treatment Services	P
Parking Lot	P*
Research and Development	C

Industrial
Building Material Facility	P
Bus/Transit Facilities	P
Distribution Facility	P
Distillery	P
Freight Terminal	P
Incinerator	C*
Industrial Park	P
Kennel	P
Lumber Yard	P
Manufacturing (Heavy)	P
Manufacturing (Light)	P
Parcel Delivery Service	P
Recycling Facility	P
Truck Terminal	P
Warehouse	P
Public Facilities
Bus/Transit Shelter	P
Essential Utilities and Equipment	P
Emergency Services	P
Emergency Shelter	P
Governmental Operations	P
Telecommunications, Class I	P*
Telecommunications, Class II	P*
Telecommunications, Class III	P*
Recreation, Education, Public Assembly
Park	P
Place of Worship/Religious Institution	P

School, Commercial	C
School, Pre-school to 12	P
Sports Arena	P
Accessory Uses
Garage, Private	P
Parking Lot	P
Parking Structure	P
Solar Energy System, Small	P

(Ord. 785. Passed 9-16-19.)

1327.05 INDUSTRIAL (I-1) LOT REQUIREMENTS.

Industrial District (I-1) Lot Requirements
Max. Building Height	80 feet
Min. Front Setback	None
Min. Side Setback	None
Min. Rear Setback	None
Min. Lot Size (Sq. Ft.)	10,000 square feet
Min. Lot Width	100 feet
Max. Lot Coverage (as a %)	None