It is the intent of the supplementary provisions to:
(a) Provide for special situations that are recognized as valid yet necessarily have to be regulated in such a manner as to promote orderly development and to protect the public health, safety, and general welfare.
(b) Supplement district regulations where necessary to clarify and carry out the overall intent of this Ordinance. (Ord. 310. Passed 9-16-96.)
1323.02 FLOOD PLAIN DEVELOPMENT.
All development, activities and uses, existing and future, located within the boundaries of the designated flood plain districts on the National Flood Insurance Program maps, and which are considered as a part of the official Zoning Map shall be subject to the regulations found in Article 1311.
(Ord. 310. Passed 9-16-96.)
1323.03 PROJECTIONS INTO SETBACKS.
(a) Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters, or other similar features must not extend closer than five (5) feet from the property line;
(2) Uncovered stairs, landing, and porches, none of which shall be more than five (5) feet above ground level, a distance not to exceed three (3) feet into the required setback.
(b) No permitted projection noted in subsection (a) hereof shall extend within three (3) feet of an accessory building.
(c) Fences, walls, terraces, steps or other similar features may project into a required setback but shall not exceed eight (8) feet in height, except that, however, in residential districts the height shall not exceed four (4) feet in height in the required front yard setback area. Retaining walls and fences in Highway Commercial and Industrial Districts may exceed eight (8) feet in height, provided they do not violate the following provisions of Section 1323.05 Sight Distance Protection.
(Ord. 310. Passed 9-16-96.)
1323.04 EXCEPTIONS TO HEIGHT LIMITATIONS.
The district height limitations shall not apply to the following:
(a) Church spires, belfries, cupolas, or domes, not for human occupancy;
(b) Chimneys, elevator penthouses, water tanks or flagpoles;
(c) A parapet wall not extending more than four (4) feet above the limited height of the building. (Ord. 310. Passed 9-16-96.)
1323.05 SIGHT DISTANCE PROTECTION.
For sight distance protection, a sight triangle shall be provided at every street intersection. A sight triangle shall be a triangular area at the street intersection of a corner lot, the space being defined by a line across the corner of the lot, the ends of which are on the street lines twenty (20) feet from the corner and containing no building, structure, landscaping or other obstruction to sight shall be located more than two and one-half (2 1/2) feet above grade and less than nine (9) feet above the grade at the curb. Tree trunks, poles and posts may penetrate the vision field.
See Diagram 2 Sight Triangle, following Article 1303.
(Ord. 310. Passed 9-16-96.)
1323.06 DRIVE-THRU SERVICE FACILITIES.
Drive-thru service facilities are a supplementary part of a principal facility or operation such as a bank, dry-cleaning establishment, photo developing center, restaurant, carwash or any facility in which goods or services are delivered to the driver or a passenger of a motor vehicle who remains in the motor vehicle.
A site plan for a proposed drive-thru facility shall be approved by the Code Enforcement Officer. Approval shall be granted if the Officer determines that the facility and its associated operational characteristics will not create a traffic hazard with either respect to automobile stacking and traffic congestion, the adequacy and safety of entry and exit points or the on-site vehicle circulation pattern.
The site plan shall consider that the drive-through facility will not impede or hinder access to other businesses or dwellings. Signage must be established to provide directions for patrons on how to access the drive-through and how to safely exit the facility. Any signage must comply with the signage articles for the zone containing the drive-through facility.
The use and establishment of a drive-through facility shall not detract from the overall appearance of the surrounding lots, businesses, or the aesthetic of the surroundings in a detrimental way. Also, any use of a drive-through facility shall provide no substantive noise or sound impacts and comply with the restrictions of the containing zone.
Proper ventilation of the area for the drive-through must be implemented in such a way that the emissions of vehicles utilizing the drive-through does not cause build-up of dangerous or noxious gasses/emissions and present a danger to patrons, staff, or surrounding areas.
Sign/order boards may be used given that any remote annunciation system does not become a nuisance to surrounding business or residences.
The operational hours of any drive-through facility will be commensurate with the normal operating hours of the principal facility.
(a) A single-family detached dwelling shall have a minimum width of fourteen (14) feet at the narrowest point of its first story for a depth of twenty (20) feet.
(b) The owner of a single-family detached dwelling shall also be the owner of the property that the home is placed on.
(c) Single-family detached dwellings shall be placed on a permanent foundation.
(d) The main structure shall have a pitched roof with a surface of asphalt, composition, metal or wood shingles. (Ord. 310. Passed 9-16-96.)
1323.08 MAINTENANCE OF PROPERTY.
Property shall be maintained to protect the public health, safety and welfare. Upon a citizen's request for a piece of property to be maintained to protect the public, the Code Enforcement Officer may prepare a Finding and Facts of the condition of the property and submit it to the Planning Commission who may conduct a public hearing and take appropriate action that shall protect the public health, safety and welfare.
(Ord. 310. Passed 9-16-96.)
Mannington City Zoning Code
ARTICLE 1323
Supplemental Provisions
1323.01 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of the supplementary provisions to:
(a) Provide for special situations that are recognized as valid yet necessarily have to be regulated in such a manner as to promote orderly development and to protect the public health, safety, and general welfare.
(b) Supplement district regulations where necessary to clarify and carry out the overall intent of this Ordinance. (Ord. 310. Passed 9-16-96.)
1323.02 FLOOD PLAIN DEVELOPMENT.
All development, activities and uses, existing and future, located within the boundaries of the designated flood plain districts on the National Flood Insurance Program maps, and which are considered as a part of the official Zoning Map shall be subject to the regulations found in Article 1311.
(Ord. 310. Passed 9-16-96.)
1323.03 PROJECTIONS INTO SETBACKS.
(a) Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters, or other similar features must not extend closer than five (5) feet from the property line;
(2) Uncovered stairs, landing, and porches, none of which shall be more than five (5) feet above ground level, a distance not to exceed three (3) feet into the required setback.
(b) No permitted projection noted in subsection (a) hereof shall extend within three (3) feet of an accessory building.
(c) Fences, walls, terraces, steps or other similar features may project into a required setback but shall not exceed eight (8) feet in height, except that, however, in residential districts the height shall not exceed four (4) feet in height in the required front yard setback area. Retaining walls and fences in Highway Commercial and Industrial Districts may exceed eight (8) feet in height, provided they do not violate the following provisions of Section 1323.05 Sight Distance Protection.
(Ord. 310. Passed 9-16-96.)
1323.04 EXCEPTIONS TO HEIGHT LIMITATIONS.
The district height limitations shall not apply to the following:
(a) Church spires, belfries, cupolas, or domes, not for human occupancy;
(b) Chimneys, elevator penthouses, water tanks or flagpoles;
(c) A parapet wall not extending more than four (4) feet above the limited height of the building. (Ord. 310. Passed 9-16-96.)
1323.05 SIGHT DISTANCE PROTECTION.
For sight distance protection, a sight triangle shall be provided at every street intersection. A sight triangle shall be a triangular area at the street intersection of a corner lot, the space being defined by a line across the corner of the lot, the ends of which are on the street lines twenty (20) feet from the corner and containing no building, structure, landscaping or other obstruction to sight shall be located more than two and one-half (2 1/2) feet above grade and less than nine (9) feet above the grade at the curb. Tree trunks, poles and posts may penetrate the vision field.
See Diagram 2 Sight Triangle, following Article 1303.
(Ord. 310. Passed 9-16-96.)
1323.06 DRIVE-THRU SERVICE FACILITIES.
Drive-thru service facilities are a supplementary part of a principal facility or operation such as a bank, dry-cleaning establishment, photo developing center, restaurant, carwash or any facility in which goods or services are delivered to the driver or a passenger of a motor vehicle who remains in the motor vehicle.
A site plan for a proposed drive-thru facility shall be approved by the Code Enforcement Officer. Approval shall be granted if the Officer determines that the facility and its associated operational characteristics will not create a traffic hazard with either respect to automobile stacking and traffic congestion, the adequacy and safety of entry and exit points or the on-site vehicle circulation pattern.
The site plan shall consider that the drive-through facility will not impede or hinder access to other businesses or dwellings. Signage must be established to provide directions for patrons on how to access the drive-through and how to safely exit the facility. Any signage must comply with the signage articles for the zone containing the drive-through facility.
The use and establishment of a drive-through facility shall not detract from the overall appearance of the surrounding lots, businesses, or the aesthetic of the surroundings in a detrimental way. Also, any use of a drive-through facility shall provide no substantive noise or sound impacts and comply with the restrictions of the containing zone.
Proper ventilation of the area for the drive-through must be implemented in such a way that the emissions of vehicles utilizing the drive-through does not cause build-up of dangerous or noxious gasses/emissions and present a danger to patrons, staff, or surrounding areas.
Sign/order boards may be used given that any remote annunciation system does not become a nuisance to surrounding business or residences.
The operational hours of any drive-through facility will be commensurate with the normal operating hours of the principal facility.
(a) A single-family detached dwelling shall have a minimum width of fourteen (14) feet at the narrowest point of its first story for a depth of twenty (20) feet.
(b) The owner of a single-family detached dwelling shall also be the owner of the property that the home is placed on.
(c) Single-family detached dwellings shall be placed on a permanent foundation.
(d) The main structure shall have a pitched roof with a surface of asphalt, composition, metal or wood shingles. (Ord. 310. Passed 9-16-96.)
1323.08 MAINTENANCE OF PROPERTY.
Property shall be maintained to protect the public health, safety and welfare. Upon a citizen's request for a piece of property to be maintained to protect the public, the Code Enforcement Officer may prepare a Finding and Facts of the condition of the property and submit it to the Planning Commission who may conduct a public hearing and take appropriate action that shall protect the public health, safety and welfare.