Morgantown City Zoning Code

GENERAL REQUIREMENTS

AND STANDARDS

§ 153.50 DEVELOPMENT PLANS.

(A) Development plans require primary and secondary approval by the Plan Commission. Any development plan submitted for primary approval shall include the following:

(1) Proposed name of the development;

(2) Name and address of the developer;

(3) Name and address of the owner;

(4) Description of the location of the property;

(5) Map including date, scale, north arrow, approximate location, size (maximum height and floor area), capacity, and use of all buildings and structures existing or to be placed in the development;

(6) Nature and intensity of the operations involved in or conducted in connection with the development;

(7) Site layout of the development, including the location, size, arrangement, and capacity of the area to be used for vehicular access (including driveway widths, designs, and curb radii), parking spaces, loading and unloading;

(8) Names of public ways giving access to the development, and location, width, and names of platted public ways, railroads, parks, utility easements, and other public open spaces;

(9) Layout, names and widths of proposed public ways; widths of alleys, lanes, walkways paths, and easements;

(10) Description of the use of adjacent property and drawing showing the relationship of surrounding properties to the development plan area;

(11) Location, size, and arrangement of areas to be devoted to planting lawns, trees, and other site screening activities, including a description of the types, numbers, and sizes of landscape materials to be used;

(12) Number, types, sizes, locations, heights, and designs of any proposed signs;

(13) Storm drainage plan, including topographic features, appropriate contour intervals, and directions of stormwater runoff;

(14) Sewage disposal plan;

(15) Water supply system;

(16) Locations and sources of all other utilities, with appropriate easements (i.e., electricity, gas, telephone);

(17) Layout of proposed lots with approximate dimensions; and/or

(18) Land use intensity factors (i.e., dwelling units/acre, floor area ratio, lot coverage).

(B) After receipt of an application for primary approval of a development plan, the Plan Commission shall schedule a public hearing on the proposal. The Commission shall notify the applicant in writing of the date of the hearing, give notice by publication in accordance with I.C. 5-3-1, and provide for due notice to interested parties at least ten days before the date set for the hearing. The Plan Commission shall, by rule, determine who interested parties are, how notice is to be given to them, and who is required to give that notice.

(C) The Plan Commission may approve or deny an application for primary approval of a development plan. In approving a development plan, the Commission may impose such conditions as it deems necessary to carry out the intent and purpose of this chapter. If the Commission denies an application, it shall provide the applicant with the written reasons for the rejection.

(D) In reviewing a development plan, the Plan Commission shall give consideration to any of the following factors which are relevant to the application:

(1) General compatibility of the proposed development and uses therein with adjacent and nearby properties;

(2) Safe and convenient ingress and egress to the property and the proposed location of structures in relation to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency;

(3) Off-street parking and loading areas in relation to surrounding properties;

(4) Adequacy and availability of utilities;

(5) Adequacy and suitability of landscaping, screening, and buffering;

(6) Appearance and compatibility of any proposed signs;

(7) Suitability and compatibility of lot sizes and layouts;

(8) Appearance, size, height, intensity, and compatibility of building and structures in relation to the surrounding area; and

(9) Any other factors which the Plan Commission deems applicable to the specific proposal.

(E) A development plan may be approved by the Plan Commission only if the Commission makes a determination that all of the following criteria are met:

(1) The use will not be detrimental to persons residing or working in the vicinity, to adjacent property, to the surrounding area, or to the community as a whole;

(2) The public convenience and welfare will be substantially served; and

(3) The proposal is consistent with the goals and policies established in the Comprehensive Plan of the town.

(F) The Plan Commission may grant secondary approval to a development plan if it finds that all conditions of primary approval have been met. The Commission may, by rule delegate secondary approval to a committee or person, whose denial may be appealed to the full Plan Commission. No notice or hearing is required for secondary approval.

(G) No improvement location permit or building permit shall be issued and no site development or construction may commence in relation to a development plan until such plan has been recorded in the office of the County Recorder.

(H) No change shall be made on any approved development plan without permission of the Plan Commission. The Plan Commission may permit minor changes without notice or hearing. Any change which the Commission deems substantial shall require the same procedure as the initial approval.

(I) Any development plan which has not been substantially put into effect five years after the date of secondary approval shall be null and void, unless an extension is authorized by the Plan Commission.

(Ord. passed - -1989) Penalty, see § 153.99

§ 153.51 SIGNS.

(A) Purpose. This section is adopted to promote and protect the public health, safety, and general welfare by regulating signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of certain areas. It is further intended to reduce distractions and obstructions that may contribute to traffic accidents, to reduce hazards which may be created by unsafe signs, and to provide open space.

(B) Signs not requiring permits. The following signs shall conform to all applicable sign regulations of this chapter, except that they do not require an improvement location permit and will not be counted when calculating the quantity of signs permitted or the total allowable sign area for the property or use to which they relate:

(1) Signs identifying the name and address of inhabitants of residential property, which shall be limited in number to one such sign per resident or family and shall not exceed two square feet in area;

(2) No trespassing signs, or other signs regulating the use of property on which they are located, which signs shall not exceed two square feet in area in any residential district or five square feet in area in any non-residential district;

(3) Signs advertising real estate for sale, and similar signs, shall be limited in number to two signs for each property to which they relate and shall not exceed six square feet in area in residential districts or 20 square feet in non-residential districts;

(4) Instructional or directional signs including, but not limited to, on-premises signs related to traffic, parking, or other functional activities, signs identifying restrooms and related or similar facilities, entrance and exit signs, and building functions and services signs;

(5) Signs erected by a unit of government for official purposes;

(6) Memorial signs or tablets and signs denoting the date of erection of buildings which shall not exceed four square feet in area;

(7) Accessory signs incidental to a business or profession conducted on the premises communicating hours of operation, forms of acceptable payment (e.g., credit cards, business affiliations, and the like), wall-mounted at or immediately adjacent to the entrance of the building, not to exceed a combined total of four square feet in area;

(8) Temporary signs in the window of a building, lawfully serving as the location of a business, that do not occupy more than 50% of the area of the window and that are not to be in place more than 30 days;

(9) Construction contractor’s signs, not to exceed one per contractor working on a construction project and not larger than six square feet each, and only during the period of construction;

(10) Temporary signs associated with special events, such as those sponsored by religious, public, or charitable organizations, which shall not exceed 24 square feet in area, posted no more than 14 days prior to the event and removed within 24 hours after the event;

(11) Holiday signs and decorations for no longer than 30 days prior to and 30 days after the date of the holiday to which they relate;

(12) Farm signs identifying crops produced on the premises; and

(13) One subdivision or similar entrance sign, not to exceed 12 square feet in area, at each entrance to a subdivision.

(1) Signs which have any visible moving parts;

(2) Signs which incorporate in any manner flashing or moving illumination, animation, or illumination which varies in color, except time/temperature signs in the MXD District or any such sign shown on an approved development plan;

(3) Any sign or sign support which constitutes a hazard to public safety or health, including signs which by reason of size, location, content, coloring, manner, or illumination obstruct the vision of a driver or obstruct or detract from the visibility or effectiveness of any traffic control device, or which obstruct free ingress and egress, or which make use of words such as stop, look, one way, danger, yield, or any similar words, phrases, symbols, lights, or characters in such a manner as to interfere with, mislead, or confuse traffic; and

(4) Portable signs.

(D) Commercial and industrial signs. The following signs may be erected on commercial or industrial premises upon issuance of an improvement location permit.

(1) One wall-mounted sign for each principal building or use in a building. Where walls of a building front on more than one street or parking lot, one such sign may be permitted for each of those walls. The area of each wall mounted sign shall not exceed one square foot for each linear foot of the building frontage on which the sign is located.

(2) One free standing sign shall be allowed per lot, the base of the sign shall not be over 15 feet high, with a maximum height of 25 feet. The sign itself shall not be more than 12 feet wide nor more than 12 feet high with a maximum of 100 square feet.

(E) Billboards. Any off-premises sign other than those otherwise specified by this chapter shall be deemed billboards. Billboards are permitted only as follows:

(1) Billboards shall be located no closer than 50 feet to the right-of-way line of any street;

(2) Billboards shall not be permitted within 500 feet of a residential zoning district;

(3) Billboards shall be spaced no closer than 1,000 feet apart;

(4) Billboards shall be no taller than 15 feet in height, and they shall be no larger than 300 square feet in area; and

(5) Billboards shall not contain any moving or changing parts or text and shall contain no flashing lights.

(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99

§ 153.52 GENERAL REGULATIONS.

(A) Building heights.

(1) The maximum heights of buildings shall be as follows:

(a) Single- or two-family dwelling: 30 feet;

(b) Multifamily dwelling: 35 feet;

(d) Commercial building: 35 feet; and/or

(e) Industrial building: 40 feet.

(2) Radio towers for licensed amateur radio operators may be erected to a height of 50 feet in the R-3 and R-2 Districts. Radio towers for licensed amateur radio operators and structures related to agricultural uses and operations may be erected to a height of 100 feet in R-1 and agricultural districts.

(B) Building setback requirements.

(1) Setback lines for improved blocks shall be in accordance with the setback distance already established. In any improved block which contains existing legally established buildings on 30% or more of the frontage of the same block on the same side of the street, or a distance of 300 feet, whichever is the lesser, the minimum required setback line shall be the average of such established setback line, but in all districts other than MXD, the setback shall not be less than 15 feet. For the purposes of this section, the existing average setback shall be determined using the distance between the right-of-way and the closest portion of the existing building (including roof overhangs or other structural appurtenance to the building).

(2) In no case shall a structure be permitted to be constructed within the right-of-way.

(3) Setback dimensions shall be measured from the right-of-way line of a road or street that the parcel abuts and from neighboring property lines.

(C) Vision clearance. On any corner lot on which a front yard is required, no wall, fence, or other structure shall be erected and no hedge, tree, shrub, or other growth shall be maintained in such a manner as to cause danger to traffic by obstructing the view.

(D) Buildings or uses per lot. There shall be no more than one principal residential building or use per lot, except for multifamily dwellings in conformity with this chapter. There may be more than one principal commercial or industrial building or use on a single parcel, provided that such buildings or uses are under common ownership or control.

(E) Yard areas. No accessory building or structure shall be permitted in any front yard area, except for lawn ornaments, outdoor lights, and other such items which customarily are located in the front yard area. Antenna shall not be located in the front yard in any district. Fences in front yards shall be decorative and can only be installed after a review and approval of the design by the Plan Commission. Up to a six-foot high fence is permitted in a rear or side yard. Barbed and/or razor wire is prohibited.

(F) Outdoor storage and display. Outdoor storage or display of materials shall not be permitted unless such storage is a customarily accessory use to the principal use of the property. Such materials stored out of doors shall be effectively screened from view of neighboring properties by an opaque fence or landscape screen.

(G) Lighting. No lighting shall be permitted which creates a glare or other nuisance to neighboring property.

(H) Above-ground fuel tanks. Any above-ground fuel tank shall meet all applicable regulations of the National Fire Protection Association. In no case shall any tank used to dispense fuel directly to vehicles be placed above ground.

(I) Home occupations. Home occupations shall be permitted in residential districts by the grant of a home occupation permit issued by the Plan Commission, subject to the following requirements.

(1) Permitted home occupations shall be incidental and subordinate to the use of the premises as a residence.

(2) Permitted home occupations shall not be of such scale and/or nature that they interfere with the use and enjoyment of neighboring residences or create a nuisance.

(3) For purposes of this chapter, home occupations include, but are not limited to, professional offices, real estate or insurance offices, writing, painting, photography, consultation, tutoring, music instruction, and clergy.

(4) The operator of a home occupation must reside in the home housing the home occupation and the primary use and appearance of the property shall, at all times, remain residential.

(J) Mobile homes. A mobile home being any unit originally intended as a dwelling unit, whether used for a dwelling unit or other purpose, shall be subject to the applicable provisions of this chapter.

(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99

§ 153.53 ADULT USE STANDARDS.

(A) Adult uses. Adult uses shall be permitted only in the Industrial Park District (I-2).

(B) Separation requirements. Adult uses shall be located a minimum of 1,000 feet from any church, school, park, day care facility, residentially zoned area, public, or cultural facility. The distance shall be measured from the closest property lines on which each use is located.

(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99

§ 153.54 NON-CONFORMING USES AND LOTS.

(A) Any use that legally existed on the effective date of this chapter, but which does not comply with the provisions of this chapter, is hereby deemed a legal non-conforming use. Any structure that legally existed on the effective date of chapter, but which does not comply with the provisions of this chapter, is hereby deemed a legal non-conforming structure. The burden to prove that a use or structure qualifies as a legal non-conforming use or structure shall rest with the property owner or occupant. In the absence of sufficient proof, the non-conforming use or structure will be deemed to be unlawful.

(B) Legal non-conforming uses and structures are subject to the following regulations:

(1) No legal non-conforming use or structure shall be expanded or enlarged;

(2) No non-conforming use or structure shall be moved, in whole or in part, to any part of a lot or parcel other than that occupied by such use or structure on the effective date of this chapter;

(3) If a non-conforming structure is demolished or damaged, by any means, to an extent of 75% of its value in accordance with the latest tax assessment rolls at the time of such damage, such structure shall not be reconstructed except in conformity with this chapter;

(4) Any non-conforming use or structure that is abandoned or discontinued for a period of one year shall not thereafter be used except in strict compliance with this chapter; and

(5) If any non-conforming use is changed to a conforming use, it shall not thereafter be changed to any non-conforming use.

(C) Nothing in this chapter shall be deemed to require change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of this chapter, provided, however, that said construction shall be diligently pursued to completion.

(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99

§ 153.55 FLOODPLAIN.

(A) Any construction in a floodplain is prohibited without meeting the requirements of the state floodplain regulations administered by the State Department of Natural Resources.

(B) In a floodplain, as defined by the State Department of Natural Resources, the following uses are permitted, provided they do not include the erection of any structure, the opening of any excavation, or the disposition of any material or substance and comply with the provisions of the state floodplain regulations:

(1) Agricultural uses such as the production of crops, pastures, orchards, plant nurseries, vineyards, and general farming;

(2) Forestry, wildlife areas, and nature preserves; and/or

(3) Parks and recreational uses, such as golf courses, driving ranges, and play areas.

(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99

§ 153.99 PENALTY.

(A) Any property owner, and/or occupant, who violates any provision of this chapter or fails to comply with any of its requirements, including violations of conditions and safeguards established in connection with this chapter, may be fined in a sum not less than $25 and not more than $300 for each day the violation exists.

(B) The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, real estate agent, or other person, who commits, participates in, assists in, or maintains such violation may be the subject of an enforcement action and suffer the penalties herein provided.

(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014)