Parkersburg City Zoning Code
CHAPTER SEVEN
Zoning Districts and Regulations
1345.01 OFFICIAL ZONING MAP ESTABLISHED; CHANGES; REPLACEMENT.
The City is hereby divided into zones or districts as shown on the Official Zoning Map and as described in this Zoning Ordinance and the Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Zoning Ordinance.
The Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the City under the following words: “This is to certify that this is the Official Zoning Map referred to in Section A of Ordinance No. A-2530 of the City of Parkersburg, West Virginia,” together with date of the adoption of Ordinance A-2530 (February 27, 1973).
If, in accordance with the provisions of this Zoning Ordinance and the provisions of W. Va. Code Article 8-24, as amended, changes are made in the district boundaries or other matters portrayed on the Map, such changes shall be indicated to have been made by marking on the Map in the area changed, the letter “C”. The first change so indicated to have been made shall be marked “C-1" and each subsequent change indicated to have been made shall be consecutively numbered. In addition to indicating on the Map that districts or other matters have been changed, there shall be kept a bound book entitled "Official Zoning Map Changes" in which each change in districts or other matter portrayed on the Map shall be set forth verbatim as adopted and approved by ordinance of Council. All changes adopted and approved by ordinance of Council shall be indicated on the Map and shall be inserted in the book of Map changes within one week after formal adoption and approval thereof and each insertion in the book shall bear the date of final adoption and approval by Council and shall be signed by the Mayor and attested by the City Clerk. No amendment to this Zoning Ordinance which involves matters portrayed on the Map shall become effective until after such change has been indicated on the Map and has been inserted, dated, signed by the Mayor and attested by the City Clerk in the book of Map changes.
It shall be the duty of the City Clerk to mark all indications of the changes of the Map and to make all insertions of the changes as portrayed on the Map in the book of changes and at all times to maintain custody and control of both the Map and the book of changes in the City Clerk's office.
No changes of any nature shall be made in the Map or matter shown thereon, except in conformity with the procedures set forth in this Zoning Ordinance. Any unauthorized change of any kind by any person or persons shall be considered a violation of this Zoning Ordinance and punishable as provided under Section 1331.99.
Regardless of the existence of purported copies of the Map which may from time to time be made or published, the Map which shall be located in the office of the City Clerk shall be the final authority as the current zoning status of land and water areas, buildings and other structures in the City.
In the event that the Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, Council may, by ordinance, adopt a new Official Zoning Map which shall supersede the prior map. However, in no event shall any Official Zoning Map be intentionally damaged, destroyed or discarded but shall be kept as a permanent record. The new Official Zoning Map shall bear the seal of the City, the signature of the Mayor, attested by the City Clerk under the following words and figures: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of the map being replaced), as part of Ordinance No. __________ of the City of Parkersburg, West Virginia. " (Ord. A-2530. Passed 2-27-73.)
1345.02 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(a) Boundaries indicated as approximately following the center lines of streets, highways or alleys, shall be construed to follow such center lines.
(b) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(c) Boundaries indicated as approximately following City limits shall be construed as following City limits.
(d) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore lines, shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, lakes or other bodies of water, shall be construed to follow such center lines.
(e) Boundaries indicated as parallel to, or extensions of, features indicated in subsections (a) through (d) hereof shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map.
(f) Where physical or other features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections (a) through (e) hereof, the Board of Zoning Appeals shall interpret the district boundaries.
(Ord. A-2530. Passed 2-27-73.)
1347.01 PURPOSE OF DISTRICT CLASSIFICATION.
The residential districts established in this article are designed to promote and protect public health, safety, comfort, convenience, prosperity and other aspects of the general welfare. These general goals include, among others, the following specific purposes:
(a) To provide sufficient space in appropriate locations for residential development to meet the housing needs of the City's present and expected future population, with due allowance for the need for a choice of site and building types;
(b) To protect residential areas against congestion by regulating the density of population and the bulk of buildings in relation to the land around them and to one another, and providing for off-street parking spaces;
(c) To protect residential areas, as far as possible, against heavy traffic and against through traffic of all kinds;
(d) To require the provision of open space and a maximum conservation of woodlands and protection of watercourses in residential areas, and to encourage the provision of additional open space by permitting cluster development of moderately higher density and intensity coverage with concomitantly higher standards of open space, in order to provide large open areas with greater utility for rest and recreation; and to encourage the development of more attractive, economic and less monotonous building forms, by providing freedom of architectural and site design;
(e) To provide for access of light and air to windows and for privacy by controls over the spacing and height of buildings and other structures;
(f) To provide appropriate space for those public and private educational, recreational, health, and similar facilities which serve the needs of nearby residents, which generally perform their own activities more effectively in a residential environment and which do not create objectionable influences;
(g) To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of residential development, to protect the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings, and to protect the City’s tax revenue. (Ord. A-2530. Passed 2-27-73.)
1347.02 R-1 SINGLE-FAMILY LOW-DENSITY DISTRICT USE REGULATIONS.
(a) Purpose and Scope. It is the purpose of the R-1 District to conserve values in single-family areas characterized by homes on lots of larger-than-average size, to reserve open areas with a potential for such type of development by restricting new developments to those of similar character and by permitting a minimum of auxiliary nonresidential uses.
(b) Principal Permitted Uses.
(1) Residential. One-family detached dwellings.
(2) Public utility services underground recommended.
(3) Agriculture. The growing of vegetables, fruits, flowers, shrubs and trees when not primarily for gain.
(Ord. A-2530. Passed 2-27-73.)
(4) Group residential facilities. Residence for disabled persons.
A. Disability: A physical or mental impairment which substantially limits one or more major life activities or a record of such impairment or being regarded as having such an impairment. This term does not include the illegal use of or addiction to a controlled substance. Ref. 24 CFR Part 14 et. al., Sect. 100.210.
(Ord. 0-811. Passed 5-28-96.)
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(1) Recreational.
A. Golf courses, playfields and country clubs not primarily for gain, provided that every building, structure or playing field shall be no less than 100 feet distant from every abutting property line in an R District.
B. Field houses, athletic fields and stadiums used in connection with educational institutions and primarily for gain, provided that every building, structure or playing field shall be no less than 100 feet distant from every abutting property line in an R District.
C. Parks, playgrounds, community centers, publicly owned and operated, including such structures as are necessary for their operation, and concessions by the City, located therein.
D. Tennis courts or clubs, private and noncommercial, provided that where such courts or clubs are not an integral part of a country club or similar development the following conditions shall apply:
1. Every building, tennis court or paved play area shall be no less than fifty feet distant from every abutting property line in an R District.
2. The lot area shall be not less than one acre.
E. Community swimming pools or clubs, private and noncommercial, provided that where such pools or clubs are not an integral part of a country club or similar development, the following conditions shall apply:
1. The swimming pool shall have an area no greater than 5,000 square feet and shall be on a lot with an area of not less than one acre.
2. Every pool, building or paved play area shall be no less than 100 feet distant from every abutting property line in an R District.
3. Pumps and filtration stations shall be no less than fifty feet distant from every abutting property line in an R District.
4. There shall be no outdoor sale or consumption of refreshments other than those dispensed from automatic soft- drink machines.
(2) Institutional.
A. Churches, Sunday schools and other places of worship.
B. Schools, elementary and high schools.
(d) Accessory Permitted Uses. Any accessory use customarily incidental to a principal permitted use, including the following:
(1) (EDITOR'S NOTE: Former subsection (d)(1) was repealed by Ordinance 0-1712, passed August 23, 2022.)
(2) Office occupations conducted as home occupations, subject to the following limitations:
A. The office of a beautician or a member of a recognized profession such as a doctor, dentist or musician, provided the office is in the home of such person and there is no display visible from the street, nor signboard used to advertise such use except an unlighted or indirectly lighted nameplate not more than two square feet in area.
B. No special outside entrance shall be provided or used in connection with the office occupation.
C. The total floor area devoted to such use shall not exceed twenty-five percent of the gross floor area of the dwelling unit, and not more than twenty-five percent of the gross floor area of any story shall be devoted to such use.
D. There shall be no production, storage or sale of merchandise or stock in trade except the written or fine arts materials customarily incidental to office occupations as limited in subparagraph A. hereof.
E. There shall be no instruction on the premises for more than two students or trainees at any one time.
F. Such office occupation shall be limited to remunerative personal service which is of value primarily for the knowledge, talent or skill which can be communicated on the premises in oral, written or fine arts form.
G. No mechanical or electrical equipment, other than that customarily used for household purposes, shall be permitted which has a capacity of over one horsepower or requires electrical service over 100 amperes.
(3) Accessory buildings, built with or after the construction of the principal buildings, including one private garage and uses customarily incidental to any principal permitted uses, when located on the same lot and not involving the conduct of any business, subject to the following limitations: garage space may be provided for four self-propelled vehicles, but such space may be increased provided that the area of the lot shall contain not less than 1,500 square feet for each vehicle or trailer stored.
(4) Off-street parking facilities, provided that they shall not be located in any front yard. (Ord. A-2530. Passed 2-27-73.)
(5) Fences or walls six feet in height or under.
(Ord. 0-774. Passed 6-13-95.)
(e) Accessory Conditional Uses. Any accessory use customarily incidental to a principal conditional use, including the following, when authorized by the Board of Zoning Appeals, after a finding that such accessory use meets the requirements and conditions specified in this section, provided further that any accessory conditional use shall meet the requirements and conditions specified in Section 1329.05(b).
(Ord. A-2530. Passed 2-27-73.)
(1) Fences or walls in excess of six feet in height, provided that such increase in height is necessary in order to: protect abutting properties from any adverse effect on the principal use; or prevent trespassing upon or damage to the property occupied by such principal use; or improve the usefulness of the property occupied by such principal use. Any fence height or enclosure wall on a corner lot shall not have a height above three feet within thirty feet of the corner for the purpose of vision clearance excluding chain link fences unless privacy slats are or would be installed which would obscure vision.
(Ord. 0-774. Passed 6-13-95.)
(f) Requirements. The following requirements shall be observed, except as modified hereinbefore, in accordance with the provisions of Article 1361.
(1) Maximum height. Two stories or thirty feet, whichever is less.
(2) Minimum lot area. 12,000 square feet.
(3) Minimum yards.
A. Front yard: thirty feet.
B. Side yard: fifteen feet.
C. Rear yard: thirty feet.
(Ord. A-2530. Passed 2-27-73.)
1347.03 R-2 SINGLE-FAMILY MEDIUM-DENSITY DISTRICT USE REGULATIONS.
(a) Purpose and Scope. It is the purpose of the R-2 District to conserve values in single- family areas characterized by homes on medium-sized lots typical of new subdivisions and to reserve open areas with a potential for such type of development by restricting new developments to those of similar character. Although the R-2 District is most directly applicable to relatively new subdivisions, it is also applicable in older areas either of similar character or of different character but utilizing medium-sized lots. This District is more permissive as to auxiliary nonresidential uses than R-1.
(b) Principal Permitted Uses.
(1) General. Principal permitted uses, as permitted and regulated in the R-1 District, except as otherwise specified.
(2) Institutional. Extensions of existing cemeteries.
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(1) General. Principal conditional uses, as authorized and regulated in the R-1 District, except as otherwise specified.
(2) Residential. Group housing projects as defined and regulated in Appendix B. (Ord. A-3885. Passed 1-23-79.)
(3) Recreational.
A. Golf courses, playfields and country clubs not primarily for gain, provided that: every building, structure or playing field shall be no less than fifty feet distant from every abutting property line in an R- District.
B. Field houses, athletic fields and stadiums used in connection with educational institutions and not primarily for gain, provided that: every building, structure or playing field shall be no less than fifty feet distant from every abutting property line in an R District.
C. Tennis courts or clubs, private and noncommercial, provided that where such courts or clubs are not an integral part of a country club or similar development, the following conditions shall apply:
1. Every building, tennis court or paved play area shall be no less than fifty feet distant from every abutting property line in an R District.
2. The lot area shall be not less than one acre.
(4) Institutional.
A. Public administration buildings, such as fire and police stations.
B. Libraries, museums, art galleries.
(d) Accessory Permitted Uses. Any accessory use customarily incidental to a principal permitted use, including the following:
(1) All accessory permitted uses, as permitted and regulated in the R-1 District, except as otherwise specified.
(2) The leasing of rooms in a single-family dwelling by the occupant to not more than two roomers or boarders.
(e) Accessory Conditional Uses. Any accessory use customarily incidental to a principal conditional use, including the following, when authorized by the Board of Zoning Appeals, after a finding that such accessory use meets the requirements and conditions specified in this section and, provided further that any accessory conditional use shall meet the requirements and conditions specified in Section 1329.05(b)
(1) General. Accessory conditional uses, as authorized and regulated in the R-1 District, except as otherwise specified.
(f) Requirements. The following requirements shall be observed, except as modified hereinbefore, in accordance with the provisions of Article 1361.
(1) Maximum height. Two stories or thirty feet, whichever is less.
(2) Minimum lot area. 7,000 square feet.
(3) Minimum yards.
A. Minimum front yard: twenty-five feet.
B.
Minimum side yards (stories) | Least width (feet) | Sum of least widths (feet) |
1 | 5 | 14 |
2 | 8 | 16 |
C. Minimum rear yard.
1. One story: thirty feet.
2. Two stories: thirty-five feet.
(Ord. A-2530. Passed 2-27-73.)
1347.04 R-3 RESIDENCE DISTRICT USE REGULATIONS.
(a) Purpose and Scope. It is the purpose of the R-3 District to conserve value for family living in areas predominantly single-family but with scattered two-family homes in areas where the two-family home is the principal type. The District is also applicable to developed areas where conversions to many dwelling units per building would result in overcrowding and deterioration of the neighborhood.
(b) Principal Permitted Uses.
(1) General. Principal permitted uses, as permitted and regulated in the R-2 District, except as otherwise specified.
(2) Residential.
A. New two-family dwellings.
B. Conversion into a two-family dwelling of an existing one-family dwelling having a gross floor area of not less than 1, 500 square feet for a two-story house and not less than 2,500 square feet for a three-story house, the gross floor area to be exclusive of the basement in any case. (Ord. A-3886. Passed 1-23-79.)
(3) Institutional. Residential care communities pursuant to West Virginia State Code, Chapter 16, Article 15N.
(Ord. 0-1064. Passed 2-11-03.)
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(1) General. Principal conditional uses, as authorized and regulated in the R-2 District, except as otherwise specified.
(2) Residential. Group Housing Projects as defined and regulated in Appendix B. (Ord. A-3886. Passed 1-23-79.)
(3) Institutional.
A. Clubhouses, fraternity and sorority houses, lodge halls, charitable organizations and meeting places for similar organizations of a noncommercial nature, provided that the buildings shall be no less than twenty feet distant from every abutting property line in an R- District, except where the lot line abuts other institutional uses or nonresidential districts.
B. Colleges, universities, educational institutions and private schools, for academic instruction, provided that the buildings shall be no less than twenty feet distant from every abutting property line in an R- District, except where the lot line abuts other institutional uses or nonresidence districts.
C. Nursery schools, day care centers or day nurseries, provided that:
1. The lot shall contain not less than 500 square feet of area per child enrolled per session.
2. No outdoor play area or play equipment shall be located or installed in any front yard.
D. Monasteries, convents and similar group dwellings for members of religious orders, provided that every building shall be no less than thirty feet distant from every abutting property line in an R District.
E. Homes for the aged, orphanages and similar custodial homes containing more than six sleeping rooms, provided that:
1. The premises shall be used primarily for permanent residential purposes.
2. The area of the parcel of ground so used shall be no less than 50,000 square feet.
3. The total number of occupants, including employees shall not exceed a density of fifty persons per acre.
4. Every building shall be no less than thirty feet distant from every abutting property line in an R District.
F. Hospitals for human care, clinics, sanitariums, religious or charitable institutions, exclusive of institutions primarily for the care of drug addicts, the feeble-minded or insane, and exclusive of penal or correctional institutions, provided that:
1. The lot area shall be no less than 50,000 square feet.
2. Every building for patients shall be no less than fifty feet distant from every abutting property line in an R District.
3. Service areas for receiving supplies and loading wastes shall be screened, by a five-foot masonry wall, or other fire retarding material, from the view of residences on abutting properties.
(d) Accessory Permitted Uses. An accessory use customarily incidental to a principal permitted use, including the following: accessory permitted uses, as permitted and regulated in the R-2 District, except as otherwise specified.
(e) Accessory Conditional Uses. Any accessory use customarily incidental to a principal conditional use, including the following, when authorized by the Board of Zoning Appeals, after a finding that such accessory use meets the requirements and conditions specified in this section, and provided further that any accessory conditional use shall meet the requirements and conditions specified in Section 1329.05(b).
(1) General. Accessory conditional uses, as authorized and regulated in the R-2 District, except as otherwise specified.
(f) Requirements. The following requirements shall be observed, except as modified, hereinbefore, in accordance with the provisions of Article 1361.
(1) Maximum height. Two and one-half stories or thirty-five feet, whichever is less.
(2) Minimum lot area. 6,000 square feet.
(3) Minimum lot area per dwelling unit. 3, 000 square feet.
(4) Minimum yards.
A. Minimum front yard: twenty-five feet.
B.
Minimum side yards (stories) | Least width (feet) | Sum of least widths (feet) |
1 | 5 | 12 |
2 or 2-1/2 | 6 | 14 |
C. Minimum rear yard.
1. One story: thirty feet.
2. Two or two and one-half stories: thirty-five feet.
(Ord. A-2530. Passed 2-27-73.)
1347.041 R-3A HIGH DENSITY RESIDENCE DISTRICT.
(a) Purpose and Scope. It is the purpose of the R-3A District to conserve value for family living in predominantly single-family areas characterized by small lots while permitting scattered two-family dwellings. This district is also applicable to areas where conversion to multi- family dwelling would be contrary to the character of the neighborhood and result in the overcrowding and deterioration of the neighborhood.
(b) Principal Permitted Uses.
(1) General. Principal permitted uses, as permitted and regulated in the R-3 District, except as otherwise specified.
(2) Residential. New two-family dwellings.
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(1) General. Principal conditional uses, as authorized and regulated in the R-3 District, except as otherwise specified.
(2) Residential. Conversion into a two-family dwelling of an existing single- family dwelling having a gross floor area of not less than 1,500 square feet for a two-story house and not less than 2,500 square feet for a three-story house, the gross floor area to be exclusive of the basement in any case.
(3) Institutional. Institutional uses as permitted and regulated in the R-3 District, except as otherwise specified.
(d) Accessory Permitted Uses. Any accessory use customarily incidental to a principal permitted use, including the following: accessory permitted uses, as permitted and regulated in the R-3 District except as otherwise specified.
(e) Accessory Conditional Uses. Any accessory use customarily incidental to a principal conditional use, including the following, when authorized by the Board of Zoning Appeals, after a finding that such accessory use meets the requirements and conditions specified in this section, and provided further that any accessory conditional use shall meet the requirements and conditions specified in Section 1329.05(b). Generally: Accessory conditional uses, as authorized and regulated in the R-3 District, except as otherwise specified.
(f) Requirements. The following requirements shall be observed, except as modified, hereinbefore, in accordance with the provisions of Article 1361.
(1) Maximum height. Two and one-half stories or thirty-five feet, whichever is less.
(2) Minimum lot area. 5,000 square feet.
(3) Minimum lot area per dwelling unit. 2,500 square feet.
(4) Minimum yards.
A. Minimum front yard: twenty feet.
B.
Minimum side yards (stories) | Least width (feet) | Sum of least widths (feet) |
1 | 5 | 12 |
2 or 2-1/2 | 6 | 14 |
C. Minimum rear yard:
1. One story: thirty feet.
2. 2 or 2 1/2 stories: thirty-five feet.
(Ord. 0-574. Passed 8-29-89.)
1347.05 R-4 MULTI-FAMILY APARTMENT DISTRICT USE REGULATIONS.
(a) Purpose and Scope. It is the purpose of the R-4 District to provide for a high quality multi-family residence district by limiting conversions and to encourage new construction.
(b) Principal Permitted Uses.
(l) General. Principal permitted uses, as permitted and regulated in the R-3 District, except as otherwise specified.
(2) Residential.
A. New multi-family dwellings.
B. New row houses.
C. Garden-type apartments.
(3) Institutional. Residential care communities pursuant to West Virginia State Code, Chapter 16, Article 15N.
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(l) General. Principal conditional uses, as authorized and regulated in the R-3 District, except as otherwise specified.
(2) Residential.
A. Conversion into a multi-family dwelling of an existing dwelling having a gross floor area of not less than 2,500 square feet and a gross floor area for each dwelling unit of not less than 750 square feet, provided further that means of ingress and egress shall be as required by the Codified Ordinances.
B. Rooming houses.
(3) Institutional. Nursing homes, rest homes and convalescent homes.
(4) Parking lots.
A. Parking lots serving principal permitted or conditional uses, when such parking lots are not located on the same premises as the principal use, provided that:
1. The parking lot shall be not more than 200 feet from the uses it is required to serve.
2. The parking lot shall be used solely for the parking of passenger automobiles.
3. The parking lot shall not be used for repair work or servicing of any kind.
B. Parking lots serving and abutting less restrictive districts, or separated therefrom by an alley, provided that:
1. The parking lot shall be for use in connection with uses located in abutting less restrictive districts.
2. The parking lot shall abut at least fifty feet on the abutting less restrictive district or that part of an alley constituting the boundary or portion thereof of the abutting less restrictive district.
3. The parking lot shall be used solely for the parking of passenger automobiles.
4. The parking lot shall not be used for repair work or servicing of any kind.
5. Entrances and exits must: be located in the abutting less restrictive district; or if located in an R District, be within twenty feet of the boundary line of such abutting less restrictive district; or be to or from that part of an alley constituting the boundary or portion thereof of the abutting less restrictive district.
6. No signs of any kind shall be erected on the lot other than directional signs.
(d) Accessory Permitted Uses. Any accessory use customarily incidental to a principal permitted use, including the following:
(1) General. Accessory permitted uses, as permitted and regulated in the R-3 District, except as otherwise specified.
(2) Accessory buildings. Built with or after the construction of the principal building, including uses customarily incidental to any principal permitted uses when located on the same lot and not involving the conduct of any business; also including storage garages for the storage of automobiles of the tenants of the principal building exclusively, when such garage is owned and operated exclusively by the owner and operator of the principal building, and does not involve the conduct of any business separate from the service of the tenants of the principal building. Such services may include cleaning, refueling and retiring, but may not include repair.
(3) Off-street parking facilities. Provided that off-street parking areas located in front yards shall be no less than ten feet from the street line.
(4) Off-street loading facilities.
(e) Accessory Conditional Uses. Any accessory use customarily incidental to a principal conditional use, including the following, when authorized by the Board of Zoning Appeals, after a finding that such accessory use meets the requirements and conditions specified in this section and provided further that any accessory conditional use shall meet the requirements and conditions specified in Section 1329.05(b).
(1) General. Accessory conditional uses, as authorized and regulated in the R-3 District, except as otherwise specified.
(f) Requirements. The following requirements shall be observed, except as modified hereinbefore, in accordance with the provisions of Article 1361.
(1) Maximum height. Two and one-half stories or thirty-five feet, whichever is less. The maximum height of elderly high rise housing shall be 10 stories or 120 feet, whichever is less.
(2) Minimum lot area. 5,000 square feet.
Minimum lot area per dwelling unit: 2, 000 square feet.
(3) Minimum lot area per dwelling unit. 3,000 feet. Elderly high rise housing: 375 square feet.
(4) Minimum yards. Except for row houses which shall have minimum yards as determined by the Board of Zoning Appeals.
A. Minimum front yard.
1. Under three stories: twenty feet.
2. Three stories and over: twenty-two feet plus an additional two feet per story.
B.
Minimum side yards (stories) | Least width (feet) | Sum of least widths (feet) |
1 | 5 | 12 |
2 or 2-1/2 | 6 | 14 |
Over 2-1/2 | 10 plus an add’l 5 per story | 22 plus an add’l 10 per story |
C. Minimum rear yard.
1. Under three stories: thirty feet.
2. Three stories and over: thirty-five feet plus an additional five feet per story.
(Ord. A-2530. Passed 2-27-73; Ord. A-3129. Passed 2-17-76; Ord. 0-1064. Passed 2-11-03.)
1347.06 SMALL HOME OVERLAY DISTRICT USE REGULATIONS.
(a) Purpose and Scope. The purpose of the Small Home Overlay District is to encourage the development of a high- quality residential district of small homes for single residents or small families.
(b) Creation and Boundaries.
(1) There is hereby created a Small Home Overlay District whose boundaries are described as follows:
A. Beginning at the centerline intersections of Spring and 16th Streets; thence with the centerline of 16th Street in a southeasterly direction, to the centerline of St. Mary's Avenue; thence with the centerline of St. Mary's Avenue, in a southwesterly direction, to the centerline of 15th Street extended; thence with the centerline of 15th Street in a southeasterly direction, to the centerline of Latrobe Street; thence with the centerline of Latrobe Street, in a southwesterly direction, to the centerline of 14th Street; thence with the centerline of 14th Street, in a northwesterly direction to the centerline of Latrobe Street extended; thence with the centerline of Latrobe Street in a southwesterly direction, to the centerline of 13th Street; thence with the centerline of 13th Street in a southeasterly direction, to the centerline of Stephenson Avenue; thence with the centerline of Stephenson Avenue, in a southwesterly direction to its terminus, south of East 12th Street; thence with a line of the Board of Education, Deed Book 182 Page 437, in a northwesterly direction, to the rear lot lines extended, of lots fronting on the east side of Laird Avenue; thence with the rear lot lines of lots fronting on the east side of Laird Avenue, in a southwesterly direction, to the centerline of Virginia Avenue extended; thence with the center line of Virginia Avenue and its extension, in a northwesterly direction, to the centerline of Latrobe Street; thence with the centerline of Latrobe Street, in a southwesterly direction, to the centerline of Wood Street extended; thence with the centerline of Wood Street, in a northwesterly direction, to the centerline of the unnamed alley lying west and parallel to Lynn Street; thence with the centerline of the unnamed alley lying west and parallel to Lynn Street, in a northeasterly direction, to the centerline of the first unnamed alley lying south and parallel to 13th Street; thence with the centerline of the first unnamed alley lying south and parallel to13th Street, in a southeasterly direction, to the centerline of Lynn Street; thence with the centerline of Lynn Street, in a northeasterly direction, to the centerline of 13th Street; thence with the centerline of 13th Street, in a northwesterly direction, to the centerline of Spring Street extended; thence with the centerline of Spring Street, in a northeasterly direction to the place of beginning.
(c) Principle Permitted Uses.
(1) Residential. Single resident or small, single-family detached dwellings.
(2) Agriculture. The growing of vegetables, fruits, flowers, shrubs and trees when not primarily for gain. (3l Off-street parking facilities
(d) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(1) Recreational.
A. Parks, playgrounds, community centers, publicly owned and operated, including such structures as are necessary for their operation, and concessions by the City, located therein.
(e) Accessory Permitted Uses. Any accessory use customarily incidental to a principal permitted use, including the following:
(1) Fences or walls six feet in height or under.
(f) Accessory Conditional Uses. Any accessory use customarily incidental to a principal conditional use, including the following, when authorized by the Board of Zoning Appeals, after a finding that such accessory use meets the requirements and conditions specified in this section, provided further that any accessory conditional use shall meet the requirements and conditions specified in Section 1329.05(b).
(g) A small home will also be permitted within a planned pocket neighborhood. A pocket neighborhood is defined as meeting the following requirements:
(1) A minimum of 4 small homes per pocket neighborhood.
(2) Centralized common area. The common open space area shall include usable public spaces such as lawn, gardens, patios, plazas or scenic viewing area.
A. Four hundred square feet of common open space is required per unit.
B. All units must have their main entry on the common open space.
C. All units must be within five feet of each common open space(s). Setbacks cannot be counted towards the common open space calculation.
D. The principal common open space must be located centrally to the project. Additional common open space can only account for twenty-five percent of the total requirement with trails and pathways connecting the total development. Passive trails are allowed and may count towards the common open space requirement.
E. Community buildings can be counted towards the common open space calculation.
F. Small homes must surround the common open space on a minimum of two sides.
G. Common open space shall be located outside of stormwater detention/retention ponds, wetlands, streams, lakes, and critical area buffers, and cannot be located on slopes greater than ten percent.
(h) Requirements. The following, per unit, requirements shall be observed, except as modified hereinbefore, in accordance with the provisions of Article 1361.
(1) Maximum height. 25 feet.
(2) Maximum square footage. 1,250 square feet.
(3) Minimum of 250 square feet of floor space for each occupant.
(4) Minimum lot area. 5,000 square feet, exclusive of any common space
(5) Minimum yards.
A. Front yard: 10 feet.
B. Side yard: There shall be a minimum side yard often feet. One side yard may be reduced to zero feet if the other is a minimum of ten feet. In no case shall a combination of side yards be allowed which would create a separation of less than ten feet between nonattached structures.
C. Rear yard: 25 feet.
(7) Homes must have a permanent foundation. permanent utilities. and may be stick-built or pre- fabricated.
(8) Mobile homes. campers, and converted storage buildings will not be permitted.
(9) The regulations of the 2015 International Residential Code (IRC) and 2014 National Electric Code (NEC) must be followed.
(10) Construction is subject to all applicable inspections and permit processes by the City Code Department.
(i) Definitions.
(1) “Passive trails” means pathways utilized primarily for recreational walking.
(2) “Permanent foundation” means a permanent foundation is constructed with durable materials, such as concrete or mortared masonry. The foundation must be built on site. In cases of manufactured small homes, the foundation must have attachment points to anchor and stabilize the home so that all loads are transferred to the underlying soil or rock.
(3) “Permanent utilities” means water and electric are permanently installed in the structure. (Ord. 0-1645. Passed 1-14-20.)
1348.01 PURPOSE.
In order to promote the general, economic and cultural welfare of the people of the City, and to insure the harmonious, orderly growth and development of the City, it is deemed essential by Council, that the qualities relating to the history of the City and a harmonious outward appearance which preserves property values and attracts tourists and residents alike, be presented. These qualities being the continued construction and rehabilitation of buildings in the historic styles and a general harmony as to style, form, color, proportion, texture and material along buildings of historic design and those buildings constructed of a more modern or contemporary design.
(Ord. 0-1635. Passed 9-24-19.)
1348.02 CREATION AND BOUNDARIES.
There are hereby created Residential Historic Districts whose boundaries are described as follows:
(a) Julia-Ann Square Historic District: Beginning at a point in the easterly line of Murdoch Avenue in the center of 13th Street; thence, with the center of 13th Street to a point in the westerly line of Riverview Cemetery; thence, in a northerly direction to the northwest corner of Riverview Cemetery; thence in an easterly direction 395.83 feet to the northeast corner of Riverview Cemetery; thence, in a southerly direction 97 feet to a point in the easterly line of Riverview Cemetery and in the westerly line of Juliana Street; thence, in an easterly direction 30 feet to a point in the center of Juliana Street; thence, in a southerly direction with the center of Juliana Street 175 feet to a point in the center of Juliana Street; thence in an easterly direction 205 feet to the center of a 20 foot alley, thence, with the center of the 20 foot alley, in a southerly direction to a point in the center of Ninth Street; thence with the center of Ninth Street and its extension, in a westerly direction to a point in the westerly line of Ann Street; thence with the westerly line of Ann Street in a southerly direction to a point which is 216 feet northerly from the northerly line of Eighth Street; thence, parallel with Eighth Street, in a westerly direction, 80 feet; thence, in a northerly direction 50.4 feet to a point which is 80 feet westerly from the westerly line of Ann Street; thence, in a westerly direction 10.52 feet; thence, in a northerly direction 75.89 feet to a point which is 110 feet westerly from the westerly line of Ann Street; thence, in an easterly direction 10 feet; thence in a northerly direction 127.5 feet to a point in the southerly line of Tenth Street, which point is 110 feet westerly from the westerly line of Ann Street; thence, in a northerly direction, across Tenth Street to a point in the northerly line of Tenth Street and in the center of the first 20 foot alley west of Ann Street; thence, with the center of the 20 foot alley, in a northerly direction to a point in the southerly line of Eleventh Street; thence, across Eleventh Street to a point which is 175 feet westerly from the westerly line of Ann Street; thence, in a northerly direction 169.64 feet to a point which is 175 feet westerly from the westerly line of Ann Street; thence, in a westerly direction 59.78 feet; thence, in a northerly direction 135.45 feet to the center of Twelfth Street; thence with the center of Twelfth Street, in a westerly direction, to the easterly line of Murdoch Avenue, thence in a northerly direction, with the easterly line of Murdoch Avenue, to a point which is 78 feet northerly of the northerly line of Twelfth Street; thence in an easterly direction 100 feet; thence, in a northerly direction 101.4 feet; thence, in an easterly direction 53 feet; thence in a northerly direction 70.5 feet; thence, in an easterly direction 16 feet to a point which is 150 feet westerly from the westerly line of Ann Street; thence in a northerly direction to a point which is 103 feet easterly from the easterly line of Murdoch Avenue; and in the southerly line of the Nash School Property; thence, in a westerly direction 103 feet to a point in the easterly line of Murdoch Avenue; thence in a northerly direction 170.7 feet to the beginning, as shown on the accompanying map which is made a part of this description.
(b) Parkersburg High School/Washington Avenue Historic District: Beginning at the southwesterly corner of the tract conveyed unto the Wood County Board of Education by Mary E. Rathbone, and others, by deed dated June 10, 1915, and of record in the office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 165, at Page 3; thence, with the southerly line of the said tract, in an easterly direction, to the easterly line of Spring Street; thence, with the northerly prolongation of the easterly line of Spring Street, in a northerly direction, to the northerly line of 20th Street; thence, with the northerly line of 20th Street, in an easterly direction, to the westerly line of Dudley Avenue; thence, with the westerly line of Dudley Avenue, in a northerly direction, to the westerly prolongation of the southerly line of Washington Avenue; thence, with the southerly line of Washington Avenue, and its westerly prolongation, in an easterly direction, to the northwesterly corner of Lot 55 of W. Dils Heirs Addition No. 1, as shown in Plat Book 1, Page 9, in the office of the Clerk of the County Commission of Wood County, West Virginia; thence, with the westerly line of the said Lot 55, and the easterly line of a 15-foot alley, in a southerly direction to the northerly line of a 20-foot alley, said point being the southwesterly corner of the afore-mentioned Lot 55; thence, with the northerly line of the said 20-foot alley, in an easterly direction, to the westerly line of Park Avenue, said point being the southeasterly corner of Lot 65 of Maxwell and Pearcy's City Park Addition, as shown in Plat Book 1, Page 37, in the office of the Clerk of the County Commission of Wood County, West Virginia; thence, with the westerly line of Park Avenue, in a northerly direction, to the northeasterly corner of Lot "D" of Plate and Vogal's Redivision of Lots 46, 47 and 48, of Maxwell and Pearcy's City Park Addition, as shown in Plat Book 2, Page 79, in the office of the Clerk of the County Commission of Wood County, West Virginia, said point being in the southerly line of a 20-foot alley; thence, with the southerly line of the said 20-foot alley, in a westerly direction, to the easterly line of Plum Street, said point being the northwesterly corner of Lot 20 of J.W. Dils Heirs Addition No. 2, as shown in Plat Book 1, Page 28, in the office of the Clerk of the County Commission of Wood County, West Virginia; thence, in a southwesterly direction, to the northeasterly corner of Lot 54 of H.C. Hopkins Addition, as shown in Plat Book 1, Page 9, in the office of the Clerk of the County Commission of Wood County, West Virginia, said point being in the southerly line of a 20-foot alley; thence, with the southerly line of the said 20-foot alley, in a westerly direction, to the easterly line of Oak Street, said point being the northwesterly corner of Lot 41 of the afore-mentioned H.C. Hopkins Addition; thence, in a southwesterly direction, to the northeasterly corner of Lot 26 of Smith and Paxton Addition, as shown in Plat Book 1, Page 9, in the office of the Clerk of the County Commission of Wood County, West Virginia, said point being in the southerly line of a 10-foot alley; thence, with the southerly line of the said 10-foot alley, in a westerly direction, to the northwesterly corner of Lot 40 of W. Dils Heirs Addition No. 1, as shown in Plat Book 1, Page 9, in the office of the Clerk of the County Commission of Wood County, West Virginia; thence, in a northwesterly direction, to a point in the easterly line of Lot 28 of the afore-mentioned W. Dils Heirs Addition No. 1, which point is 121.5 feet northerly from the northerly line of Washington Avenue; thence, parallel to, and 121.5 feet northerly from the northerly line of Washington Avenue and its westerly prolongation, in a westerly direction, to the westerly line of Dudley Avenue; thence, with the westerly line of Dudley Avenue, in a northerly direction, to the southerly line of Stadium Drive; thence, with the southerly line of Stadium Drive, in a westerly direction, to the westerly line of the tract conveyed unto the Wood County Board of Education by Mary E. Rathbone, and others, by deed dated June 10, 1915, and of record in the office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 165, at Page 3; thence, with the westerly line of the said tract, in a southerly direction, to the beginning.
(c) Avery Historic District: Beginning at the intersection of the northerly line of 8th Street and the easterly line of the first unnamed alley lying west of Market Street, said point being the southwesterly corner of Lot 16 of Stephenson's Addition as recorded in the Office of the County Commission of Wood County, West Virginia in Plat Book 2, Page 42; thence with the easterly line of said alley, and the rear lot lines of the lots fronting on the westerly side of Market Street, in a northeasterly direction, to the southerly line of 18th Street; thence with the southerly line of 18th Street, in a southeasterly direction, the easterly line of Market Street, said point being the northwesterly corner of Lot 16 of Gordon and Ebert Addition recorded in Deed Book 89 Page 27; thence with the easterly line of Market Street, in a northeasterly direction, to the southerly line of the I.O.O.F. Parkersburg Lodge #7 Cemetery, said point being the northwesterly corner of Lot 14 of Hawkins and Hiteshew Addition recorded in Plat Book 1, Page 45; thence with the southerly lines of the said I.O.O.F. Parkersburg Lodge #7 Cemetery, and the Wood County Board of Education, in a southeasterly direction, to the westerly line of Spring Street, said point being the northeasterly corner of Lot 36 of Wade's Addition recorded in Plat Book 1, Page 49; thence with the westerly line of Spring Street, in a southwesterly direction, to the southerly line of 13th Street; thence with the southerly line of 13th Street, in a southeasterly direction, to the westerly line of Jackson Avenue, said point being the northeasterly corner of Lot 7 of S.D. Camden and C.W. Prewett's Addition recorded Plat Book 2, Page 8; thence with the westerly line of Jackson Avenue, in a southwesterly direction, to the northerly line of John Street; thence with the northerly line of John Street in a northwesterly direction to the easterly line of Quincy Street; thence with the easterly line of Quincy Street in a southwesterly direction, to the northerly line of 8th Street; thence with the northerly line of 8th Street, in a northwesterly direction to the place of beginning. Reference is being made to a plat attached hereto and made part of this description. (Ord. 0-1635. Passed 9-24-19.)
1348.03 USE REGULATIONS.
(a) Purpose and Scope. It is the purpose of the RH Residential Historic District to conserve the value of family living in this historic area and to preserve the historic character of the buildings located therein for predominantly single family but with occasional two-family homes.
(b) Principal Permitted Uses.
(1) Residential.
A. One-family detached dwellings.
B. In the Julia-Ann Square Historic District only, new two-family dwelling.
C. In the Julia-Ann Square Historic District only, conversion into a two-family dwelling of an existing one-family detached dwelling having a gross floor area of not less than 2,000 square feet for a two-story dwelling and not less than 2,500 square feet for a three-story dwelling, the gross floor area to be computed exclusive of the basement in any case, and a gross floor area for each dwelling unit of not less than 850 square feet.
D. The growing of vegetables, fruits, flowers, trees and shrubs when not primarily for gain.
E. Public utility services, underground recommended.
F. No commercial, office or business uses whatsoever are permitted, which shall be deemed to prohibit in the Parkersburg High School/Washington Avenue Historic District temporary or transitional housing for charitable or public purposes, without prior approval of the Architectural Review Board.
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(1) Recreational. Parks, playgrounds, community centers, publicly owned and operated, including such structures as are necessary for their operation and concessions in keeping with the character of the neighborhood, provided, however, that such structures be at least thirty feet from any abutting property line of property in any Residential District.
(2) Institutional.
A. Extension of the First United Methodist Church building in compliance with the Architectural Review Guidelines. Such extension, if approved, need not comply with the parking requirements in Section 1363.02(h)(6).
B. Parkersburg High School, its structures and grounds are excluded from these provisions.
C. First Christian Church as it exists on the date of the adoption of this article. Any changes, modifications, or change of use of the facility shall require the prior approval of the Architectural Review Board.
(3) Commercial. (Applies to Parkersburg High School/Washington Avenue Historic District only.) Existing commercial operations shall be permitted. However, any change of use of a facility shall require prior approval of the Architectural Review Board.
(d) Accessory Permitted Uses. An accessory use customarily incidental to a principal permitted used, included the following:
(1) The leasing of rooms in a single-family dwelling by the occupant to not more than two roomers or boarders, provided that off-street parking shall be provided for each such roomer or boarder and that such parking is not located in the front yard or sidewalk.
(2) Private swimming pools provided that:
A. Every pool, building or paved area shall be at least twenty feet from every abutting property line.
B. The pool shall be constructed in rear of the yard area.
C. Any lighting shall be constructed in such a manner as not to radiate beyond the property on which the pool is constructed and not cast direct light on the adjacent properties.
D. A visual screen and fencing to a minimum height of six feet shall enclose the pool area.
(3) Signs subject to the following regulations:
A. Any sign which is commercial in nature that advertises the sale of a commercial product is prohibited.
B. A sign which uses flashing lights, is rotating or moving or appears to be moving is prohibited.
C. Any permanent sign shall be approved by the Architectural Review Board.
D. Signs that are commonly referred to as advertising billboards are prohibited.
E. Nonilluminated real estate signs erected as ground signs not to exceed nine square feet in area shall be permitted.
F. Nonilluminated instructional, identification, bulletin board and announcement signs, erected as ground or wall signs, subject to the following limitations:
1. One identification sign, not exceeding two square feet in area, shall be permitted for identification of a residential structure.
2. Identification signs, not exceeding ten square feet in area, shall be permitted to identify the boundaries of the District.
G. Political signs pertaining to the election of one or more persons to public office or to one or more public issues shall be permitted. Signs shall not be placed in such a manner as to constitute a safety hazard.
A. All off-street parking or unloading facilities shall be paved with either concrete or a bituminous surface, as specified by the City Engineer. The use of brick paving is recommended.
B. Such off-street parking or unloading facilities shall be attractively landscaped with grass, trees or shrubbery in order to maintain the aesthetic appearance of the District.
C. Off-street parking facilities shall not be located in any front yard or on any sidewalk.
D. As applies to Parkersburg High School/Washington Avenue Historic District only, ample off-street parking or unloading facilities shall be provided for any and all recreational vehicles, including but not limited to RVs, boats, trailers, etc.
(5) Accessory building-structure, built with or after the construction of the principal buildings, including one private garage and uses customarily incidental to any principal permitted uses, when located on the same lot and not involving the conduct of any businesses, shall be permitted subject to the following limitations: Garage space may be increased provided that the area of the lot shall contain not less than 1,500 square feet for each vehicle or trailer stored. The materials used for the building-structure in the Parkersburg High School/Washington Avenue Historic District must first be approved by the Architectural Review Board. Detached buildings and other structures, such as satellite dishes, etc. must not be located in the front yard. All buildings and structures other than garages must not be visible from the front.
(6) Fences under six feet in height. A fence may, however, be erected over six feet in height if approved by the Board of Zoning Appeals after finding that the fence shall not adversely affect adjoining properties and shall protect abutting properties or prevent trespassing. In no case may a fence or enclosure wall exceed three feet in height within forty feet of a street intersection.
(7) Satellite dishes. No satellite dish may be constructed or attached to any structure in the Parkersburg High School/Washington Avenue Historic District so as to be visible from the front of the structure.
(8) "Bed and breakfast inn" means an owner occupied, private residence which provides lodging for no more than five guest families at the same time and may serve food only to the overnight guests.
A bed and breakfast inn shall be permitted only in the Julia-Ann Square Historic District if it meets all of the following conditions:
A. May advertise as a bed & breakfast inn only, not as a restaurant, motel or hotel.
B. Rooms utilized for sleeping shall be part of the primary residential structure and shall not have been specifically constructed or remodeled for rental purposes.
C. The exterior appearance of the structure shall not be altered from its single family character.
D. There shall be no separate or additional kitchen facility for the guests.
E. The bed and breakfast inn shall be an incidental and secondary use of a dwelling.
F. A list shall be maintained of all guests and their place of residence on a yearly basis.
G. One additional off-street parking space shall be provided for each bedroom that is to be utilized by the bed and breakfast inn. No parking facility shall be permitted within the front yard of said residence unless prior approval of the Architectural Review Board and the Board of Zoning Appeals. Loading and unloading space shall be permitted within the existing front entrance.
H. All applicable City business licenses shall be required and shall not be transferrable to a new owner of subject property.
I. One sign may be erected on the premises, not to exceed eight square feet in size. No single dimension of the sign shall exceed four feet. The sign shall compliment the style of the dwelling, i.e., historic structures shall have an historic-style sign. The sign structure shall be landscaped. Prior approval must be granted by the Architectural Review Board.
J. The bed and breakfast inn use is subject to review at any time and may be revoked after a hearing by the Board of Zoning Appeals that the use has become detrimental to the surrounding neighborhood. The Development Department shall be the applicant for submission to the Board of Zoning Appeals.
(e) Accessory Conditional Uses. (Applies to Parkersburg High School/Washington Avenue Historic District only.) Office occupations conducted as home occupations, subject to the following limitations:
(1) The office of a beautician or a member of a recognized profession such as a doctor, dentist or musician, provided the office is in the home of such person and there is no display visible from the street, nor signboard used to advertise such use.
(2) No special outside entrance shall be provided or used in connection with the office occupation.
(3) The total floor area devoted to such use shall not exceed twenty-five percent (25%) of the gross floor area of the dwelling unit, and not more than twenty-five percent (25%) of the gross floor area of any story shall be devoted to such use.
(4) There shall be no production, storage or sale of merchandise or stock in trade except the written or fine arts materials customarily incidental to office occupations as limited in subparagraph (e)(1) hereof.
(5) There shall be no instruction on the premises for more than two students or trainees at one time.
(6) Such office occupation shall be limited to remunerative personal service which is of value primarily for the knowledge, talent or skill which can be communicated on the premises in oral, written or fine arts form.
(7) No mechanical or electrical equipment, other than that customarily used for household purposes, shall be permitted which has a capacity of over one horsepower or requires electrical service over 100 amperes.
(f) Requirements. The following requirements shall be observed except as modified, thereinbefore, in accordance with the provisions of Article 1361.
(1) Maximum height: Two and one-half stories or thirty-five feet.
(2) Minimum lot area: 6,000 square feet in Julia-Ann Square Historic District; 6,500 square feet in Parkersburg High School/Washington Avenue Historic District; 5,000 square feet in Avery Historic District.
(3) Minimum lot area per dwelling unit: 3,000 square feet.
(4) Minimum yards:
A. Minimum front yard: twenty-five feet; twenty feet for Avery Historic District.
B. Minimum side yard:
Stories | Least Width (Feet) | Sum of Least Width (Feet) |
1 | 5 | 12 |
2 or 2.5 | 6 | 14 |
C. Minimum rear yard:
1. One story: thirty feet
2. Two or two and one-half stories: thirty-five feet; thirty feet for Avery Historic District.
(5) Accessory building yard requirements.
A. Side yard: twelve feet combined side yard, five feet minimum not to exceed the width of the existing principal structure.
B. Rear yard: five feet.
C. Maximum height requirements: twelve feet.
D. There shall be only one accessory building-structure in the rear yard.
(6) All of the above minimum requirements as well as the maximum height allowed shall be waived for reconstruction in which case a building may be reconstructed using no less than the minimum setbacks of the original building and using no more than the original height.
(Ord. 0-1635. Passed 9-24-19.)
1348.04 NONCONFORMING USES.
The requirements of Article 1365 shall be modified in the RH Residential Historic District to require that the nonconforming use of a structure may not be resumed after the use has been discontinued or if the structure has been vacant for a period of 180 days, without the consent of the Architectural Review Board.
(Ord. 0-1635. Passed 9-24-19.)
1348.05 PREVIOUSLY ISSUED BUILDING PERMITS.
This article shall not require any change in the plans, construction or intended use of a building or structure for which a building permit was granted prior to the adoption of this article and the construction of which shall have commenced before that date, provided, that if construction of the building is discontinued for a period of not less than six months any further construction, unless a reissued building permit has been secured from the City, shall be in conformance with the provisions of this article.
(Ord. 0-1635. Passed 9-24-19.)
1348.06 ARCHITECTURAL REVIEW BOARD.
(a) There are hereby established separate Architectural Review Boards for each of the separate Residential Historic Districts which shall act in reviewing an applicant's building plans for a structure or building that exists or is to be built within the Historic District. The Board shall be made up of four residents of the District and one employee of the Development Department. All members shall be nominated by the Mayor and confirmed by Council. The Board shall make no charge for its services. The term of office of each member shall be as follows: One for one year, two for two years and two for three years. If a vacancy occurs by resignation or otherwise, Council shall appoint for the unexpired term a replacement member that satisfies the membership criteria of the vacant office.
(b) The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of the Zoning Ordinance. At the first meeting of each year, the Board shall elect a chairman and vice-chairman from its members. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. All meetings shall be open to the public. A majority of the members of the Board shall constitute a quorum. No action of the Board shall be official unless authorized by a majority of those present.
(c) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Division of Planning of the Department of Development.
(d) Realizing the importance of attaining the objectives as set forth in this article, it shall be the responsibility of all members of the Board to attend all meetings. If three consecutive meetings are missed by any members of the Board, such member shall automatically forego his position.
(Ord. 0-1635. Passed 9-24-19.)
1348.07 ARCHITECTURAL REVIEW BOARD POWER AND DUTIES; REVIEW PROCEDURE.
The Architectural Review Board shall review an applicant's building proposal for the alteration or construction of a structure or building that exists or is to be built within the Residential Historic District and approve, approve conditionally or disapprove such building, construction or alteration. The Board shall be governed by the Architectural Review Guidelines.
The Board shall review the applications referred to it by the zoning administrators. If the application is found to be in conformance with the Guidelines, the Board shall so signify in writing to the zoning administrator from whom the application was referred.
The Avery Historic District ARB will utilize the Design Guidelines, set forth in Section 1348.11 to guide and inform the review process.
If, for some reason, the application is found not to be in conformance with the requirements enumerated in the Guidelines then the Board shall advise the zoning administrator from whom the application was referred, in writing, that the application is not in conformance and the reasons that it is not in conformance, in which case a building permit shall not be issued. Provided, however, that if the Board is of the opinion that the ends of justice shall be served by granting approval to such application conditional upon a change in plans to conform with the Guidelines, it may so advise the zoning administrator from whom the application was referred, in writing, of such conditional approval, enumerating the requirements which shall be complied with by a change of plans, in which case a building permit may be issued conditional upon such changes as required by the Board in order to comply with the Guidelines.
In no event shall the Board grant a variance or conditional use deviating from the guidelines or any other requirements or provisions of this article.
All applications shall be ruled upon within sixty days of the date of application and the applicant shall be provided with a written notice of either approval, conditional approval or denial.
(Ord. 0-1635. Passed 9-24-19.)
1348.08 APPEALS TO BOARD OF ZONING APPEALS.
Appeals to the Board of Zoning Appeals may be made by any resident or property owner in the RH Residential Historic District who is aggrieved by any action of the Architectural Review Board. Appeal procedures shall be in conformance with Section 1329.03.
(Ord. 0-1635. Passed 9-24-19.)
1348.09 PROHIBITIONS.
(a) No person, corporation, partnership, association or society shall cause the exterior portion of any building or structure owned or leased by them including walls, fences, light fixtures, steps, pavement, path, trees or any other appurtenant features, or above ground utility structure or any type of outdoor advertising sign to be erected, altered, restored or moved within the Residential Historic District until after an application as to exterior architectural features has been submitted to and approved by the Architectural Review Board. In no event shall a building permit be issued until the application has been approved or approved conditionally as provided in Section 1348.07 or after written order of the Board of Zoning Appeals.
(b) After a building permit has been issued no person, corporation, partnership, association or society shall cause the exterior portion of any building or structure owned or leased by them, including walls, fences, light fixtures, steps, pavement, path, trees, or any other appurtenant features, or above ground utility structure or any type of outdoor advertising sign to be erected, altered, restored, or moved within the District except in accordance with plans submitted with and approved as a part of the building permit application.
(c) No person, corporation, partnership, association or society shall cause or allow to be demolished any building or structure within the District until the owner thereof shall have given the Code Administration Division of the Department of Public Works ninety days written notice of the proposed action. During this ninety day period, if the Code Administration Division and Architectural Review Board finds that the building involved has no particular historic significance or value toward maintaining the character of the District, it may waive all or part of such ninety day period and authorize either demolition or removal.
(d) Other provisions of this article notwithstanding, nothing herein shall prohibit:
(1) The ordinary maintenance or repair of any exterior or architectural features in the District which does not involve a change in design, material, color or outer appearance thereof.
(2) The construction, reconstruction, alteration, restoration or demolition of any feature which the Code Administration Division or the Building Enforcement Agency shall certify is required by the public safety because of an unsafe or dangerous condition.
(3) The ordinary maintenance or repair of streets, sidewalks, pavement markings, utility service lines, street signs, traffic signs and/or replacement of street lights.
(4) The reconstruction, alteration or restoration of any structure or building in the architectural style of such structure or buildings if such structure or buildings existed on the date of the adoption of this article even though the architectural styles are not included in the architectural style encompassed in the Architectural Review Guidelines.
(5) The planting of trees and shrubs when in conformity with sign distance standards at intersections.
(e) No person, corporation, partnership, association, government agency or society shall cause the destruction, elimination or alteration of the decorative street lighting system on Washington Avenue.
(Ord. 0-1635. Passed 9-24-19.)
1348.10 INJUNCTIVE RELIEF.
Whenever the administrative officials designated by Council to administrate and enforce this Zoning Ordinance find that any provisions of this article are being violated or that any person or corporation is threatening to violate any provision of this article, such administrative officials may institute civil action in the name of the City for injunctive relief to restrain the violation or threatened violation.
Nothing herein contained shall prevent such administrative officials from taking such other lawful action necessary as enumerated by the Zoning Ordinance or available in the law, to prevent or remedy such violation or threatened violation.
(Ord. 0-1635. Passed 9-24-19.)
1348.11 AVERY HISTORIC DISTRICT DESIGN GUIDELINES.
(a) Introduction to Guidelines.
(1) These design guidelines are intended to provide assistance to property owners and contractors looking to do work on existing buildings or new construction within the Avery Historic District. The guidelines are not to be considered unyielding rules, but rather strong suggestions of how construction and repair work should be done in order to preserve the character of the historic architecture found in the district. The Avery Historic District Architectural Review Board (ARB) will use these design guidelines as a resource guiding their decisions on whether or not to approve proposals. It is important to note that the guidelines will not require property owners to make improvements to existing structures within the district. The intent of the guidelines is to generate solutions that meet the needs of the property owner and protect the preservation interests of the Avery Historic District. In cases of economic hardship, the ARB can modify guidelines to facilitate a positive outcome for both the applicant and the historic district.
(b) Characteristics of the Avery Historic District.
(1) In 1986, the Avery Historic District was listed on the National Register of historic places and is considered Parkersburg's first suburb. The district is a primarily residential neighborhood and is comprised of 12 distinct styles of historical architecture. Those styles are: National Style, Gothic Revival, Italianate, Queen Anne, Romanesque Revival, Folk Victorian, Classical Revival, Colonial Revival, Tudor Revival, Craftsman, International Style, and Victorian Eclectic. These were all highly prevalent styles throughout the United States during the time period when the Avery Historic District was developed in the late 19th and early 20th Centuries. However, there are very few true examples of these styles within the district. Instead, most of the buildings in the district demonstrate the creative merging of elements comprising of multiple different architectural styles.
(c) Design Guidelines.
(1) The design guidelines listed herein will apply uniformly to all the known architectural styles described above in the Avery Historic District, except in cases where abiding by the guidelines would cause undue economic hardship.
A. Original building materials and architectural details should not be covered up.
B. Historic materials and distinguishing features should not be removed. Attempt to preserve as much original architecture as possible.
C. Always try to repair rather than replace materials or distinguishing features whenever feasible.
D. When it is necessary to replace, attempt to replicate the original building material or distinguishing feature as closely as possible.
E. In cases where replication of original materials or features is not feasible, replacements should be congruent with the character of the structure.
F. During the restoration process, look for clues as to the appearance of the original structure. Oftentimes original details have simply been covered up by later work. For example, original siding is frequently covered with vinyl siding on historic homes.
G. When original details cannot be identified for reference, rehabilitation efforts should be simplistic and focused on making sure the new work is in character with the existing structure.
H. Restoration work should not make the building look older than the time period in which it was built. If a determination of age cannot be made from the building, look to surrounding buildings in the historic district for reference.
I. In order to help preserve the historic character of the building, the size of original doorways and windows should not be changed.
J. Any historic walls and fencing should be preserved or replaced in-kind.
K. The architecture of the original roofline, including features such as chimneys, should not be altered. In cases where replacing the roof in kind is not economically feasible, the applicant should work with the ARB to come to some reasonable accommodation. For example, instead of replacing an old slate roof with a new slate roof, the applicant could replace it with a new shingle roof that is designed to look like slate.
L. Every effort should be made to retain and preserve original ornamentation, as these details often help differentiate buildings in the historic district.
M. Exterior accessories, such as light fixtures, should be compatible with the overall character of the property.
N. When doing brick work, proper mortar joints should be utilized.
O. If a structure was painted, paint it again when doing restoration work. The color of paint used should highlight the ornamentation of the building.
P. Surface cleaning should be done gently and should not utilize methods such as sandblasting. Ideally, cleaning and paint removal should be avoided if possible.
Q. Do not assume that later additions to buildings are not historically significant because they are not original. These additions may be significant as examples of their own architectural style.
R. In cases of new construction, design work and materials should be consistent with the architectural styles listed herein. For examples of defining features that should be replicated by design and materials in new construction, refer to the brief descriptions of each style in the Avery Historic District Architectural Reference Guide.
S. New construction should be sited to match surrounding setbacks; and it should be scaled in both size and height to match the existing buildings in the historic district.
T. Any additions should be considered as new construction.
(d) Demolitions.
(1) Demolitions should only be approved when the owner can prove that the building cannot be reused and that there is no economic benefit to be realized from salvaging all or part of the building.
(2) Demolitions should be approved in cases where there is an insignificant building or addition that does not contribute any historical value to the district; and where that demolition will not have any adverse impacts on the surrounding district's historic character.
(Ord. 0-1635. Passed 9-24-19.)
1349.01 PURPOSE OF DISTRICT CLASSIFICATION.
The business districts established in this article are designed to promote and protect the public health, safety and general welfare. More specifically, it is the purpose of the business districts:
(a) To provide sufficient space, in appropriate locations in proximity to residential areas, for local and neighborhood retail development catering to the regular shopping needs of the occupants of nearby residences, with due allowance for the need for a choice of sites;
(b) To provide, as far as possible, that such space will be available for use for commercial and related activities, and to protect residences by separating them from commercial activities;
(c) To provide appropriate space and in particular sufficient depth for a street, to satisfy the needs of modern local and neighborhood retail development, including the need for off-street parking spaces;
(d) To protect commercial development and nearby residences against congestion particularly in areas where the established pattern is predominantly residential, but includes local retail uses, by regulating the intensity of local and neighborhood retail development, by restricting those types and size of establishments which generate heavy traffic and by providing for off-street parking and loading facilities;
(e) To protect commercial development and nearby residences against fire, explosions, toxic and noxious matter, radiation and other hazards, and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences connected with industrial development;
(f) To provide sufficient and appropriate space, and in particular sufficient depth from the street, to meet the needs of the City's central and community commercial center, including the need for off-street parking space in areas where a large proportion of customers come by automobile, with due allowance for the need for a choice of site, and to encourage commercial development to concentrate in continuous retail frontage within commercial areas, to the mutual advantage of both consumers and merchants;
(g) To provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, with due allowance for the need for a choice of sites;
(h) To promote the most desirable use of land and direction of building development in accordance with a well-considered plan; and
(i) To promote stability of commercial development, strengthen the economic base of the City, protect the character of the district and conserve the value of the land and buildings. (Ord. 0-290. Passed 6-26-84.)
1349.02 B-1 NEIGHBORHOOD BUSINESS DISTRICT USES.
(a) Purpose and Scope. It is the purpose of the B-1 District to provide principally for convenience goods sold by smaller establishments servicing adjacent residential areas.
(b) Principal Permitted Uses.
(1) Residential.
A. Single-family, two-family, multi-family dwellings and rooming houses.
B. Planned unit developments
(2) Institutional.
A. Civic, fraternal clubs, and lodges.
B. Churches.
C. Educational institutions, day care and nurseries.
D. Performing art centers.
E. Libraries, museums, art galleries.
F. Public buildings.
G. Nursing houses, senior citizen centers.
(Ord. 0-290. Passed 6-26-84.)
H. Residential care communities pursuant to West Virginia State Code, Chapter 16, Article 5N.
(Ord. 0-1064. Passed 2-11-03.)
(3) Public utility services and substations. Other than those in the public right of way, including buildings.
(4) Commercial. The following commercial uses occupying less than 4,000 square feet of gross floor area:
Apparel stores, retail stores
Art and school supplies, retail stores
Artist, sculptor and composer studios
Bakeries, retail stores
Barber and beauty shops
Bicycles sales, rental, repair
Blueprinting, photocopying and photo finishing
Books, retail sales
Business services, advertising, employment, computers
Candy and confectionery, retail sales
Cameras, photo supplies, retail sales
Catering services
Cigars, cigarettes, tobacco, retail sales
Dairy products, retail sales
Delicatessen
Dressmaking, seamstress
Drugs, retail sales
Dry cleaning and laundry pick-up stations
Eating places
Electrical appliance repair
Florists
Fruit and vegetable markets.
Furniture stores
Gifts and novelties, retail sales
Grocery, meat, fish, retail sales
Hardware and garden supplies, retail sales
Hobby shops, retail sales
Jewelry, retail sales
Lawnmower sales and service
Leather goods, luggage, retail sales
Locksmiths
Mail order catalogue stores, retail sales
Music store
Newspaper substations
Newsstand, retail sales
Offices, except medical offices
Paint, glass and wallpaper, retail sales
Party supplies, retail sales
Personal medical equipment and accessories
Pet sales and supplies, retail sales
Photo studios
Radio and television repair and retail sales
Reading rooms
Shoe stores and shoe repair
Stationery, retail sales
Tailor shops
Variety stores, retail sales
Watch, clock and jewelry repair
Wig shops, retail sales
Other business uses determined by the Zoning Administrator to be of the same general character as the principal permitted uses.
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05:
(l) Entertainment: theaters, dance halls, bowling alleys, video arcades, nightclubs and private clubs. (Ord. 0-290. Passed 6-26-84.)
(2) Bars, taverns and private clubs, in conformity with West Virginia Code Chapters 11 and 60.
(Ord. 0-774. Passed 6-13-95.)
(3) Medical offices, clinics and related facilities; doctors, dentists, opticians, etc. (Ord. 0-290. Passed 6-26-84.)
(4) Package liquor, beer and wine carryouts, in conformity with West Virginia Code Chapters 11 and 60. (Ord. 0-774. Passed 6-13-95.)
(5) Automobile service stations.
(6) Car washes.
(7) Dance studios.
(8) Dry cleaning and laundromats, self service.
(9) Other business uses. Other business uses determined by the Board of Zoning Appeals to be of the same general character as the above principal conditional uses.
(10) Commercial establishments specifically enumerated in subsection (b) hereof and this subsection (c), over 4,000 square feet in size.
(d) Accessory Permitted Uses. Any accessory use customarily incidental to a principal permitted use, including the following:
(1) Signs.
(Ord. 0-290. Passed 6-26-84.)
(Ord. 0-774. Passed 6-13-95.)
(e) Requirements. The following requirements shall be observed, except as modified hereinbefore in accordance with the provisions of Article 1361.
(1) Maximum height. Two and one-half stories or thirty-five feet, whichever is less.
(2) Minimum lot area. 5,000 square feet.
(3) Maximum residential density. Same as the R-4 District.
(4) Minimum lot setbacks.
A. Minimum front yard: twenty feet.
B. Minimum side yards:
1. Residential:
Stories | Least Width (Feet) | Sum of Least Width (Feet) |
1 | 5 | 12 |
2 & 2 ½ | 6 | 14 |
2. Nonresidential occupancy:
Stories | Least Width (ft.) | Sum of Least Width (ft.) |
1 & 2 | 5 | 10 |
3 | 8 | 16 |
over 3 | 10 | 20 |
3. Side yard, corner lot: A side yard along the side street line of a corner lot shall have a width of not less than one-half the depth of the required minimum front yard.
4. Front and side yard increase for length of building. The front yard shall be increased above the minimum by one foot for each ten feet by which the length of the building wall abutting such front yard exceeds sixty feet. The side yard shall be increased above the minimum by one foot for each ten feet by which the length of the building wall abutting such side yard exceeds sixty feet.
(Ord. 0-988. Passed 5-22-01.)
C. Minimum rear yard:
1. Residential: twenty-five feet.
2. Nonresidential occupancy: under two stories, ten feet.
Two stories or more, twenty feet plus an additional five feet per story or fraction thereof.
(5) Off street parking and loading. As required by Article 1363.
(f) Expansion of Commercial Uses. Notwithstanding the provisions of Article 1365, any structure devoted to a commercial use in a B-1 District as of July 1, 1984, irrespective of whether such use is permitted, conditional or excluded, may be expanded, provided that no such expansion may cause the total floor area of any structure to be expanded to an extent greater than fifty percent (50%) of the total gross floor area of such structure as of July 1, 1984. No building permit for any such expansion may be granted until the applicant submits satisfactory evidence reflecting the total gross floor area of the structure as of July 1, 1984.
(g) Performance Standards.
(1) Production for sale at retail. No products shall be produced on the premises except those sold in retail on the premises where produced.
(2) Nonobjectionable uses. No processes and equipment shall be employed or goods sold which are objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water- carried waste, as defined by City, State and Federal laws.
(3) All businesses shall be of retail or service character, directly selling to or performing services for the ultimate customer.
(4) All uses not located within a fully enclosed building or structure shall be enclosed by a solid wall, solid fence or dense living hedge. Such wall, fence or hedge shall not be less than five feet in height. This shall not apply to:
A. Off-street parking and loading;
B. Parks and playgrounds;
C. The dispensing of fuel at automobile service stations;
D. Car washes.
(5) Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any residential property.
(6) Automobile service stations shall be limited to the selling and dispensing of petroleum fuel and to accessory uses including the sale of food products and automobile accessories and supplies. Service work shall be limited to minor repairs, incidental washing and polishing and tune ups and shall not include body work. No outside storage of wrecked or dismantled vehicles, parts or accessories shall be permitted. No storage or rental of utility trailers, trucks or passenger vehicles shall be permitted. The entire operation of an automobile service station except the sale and dispensing of petroleum fuel, shall be within an enclosed building.
(Ord. 0-290 Passed 6-26-84.)
1349.03 B-2 GENERAL BUSINESS DISTRICT USES.
(a) Purpose and Scope. It is the purpose of the B-2 District to provide for commercial opportunities to accommodate primarily automobile oriented establishments where located along thoroughfares, arterials and highways.
(b) Principal Permitted Uses.
(1) Residential.
A. Single, two-family, multi-family dwellings and rooming houses.
B. Planned unit developments.
(2) Institutional.
A. Civic, fraternal clubs, and lodges.
B. Churches.
C. Educational institutions, day care and nurseries.
D. Hospitals.
E. Libraries, museums, art galleries.
F. Public buildings.
G. Nursing homes and senior citizen centers.
(Ord. 0-290. Passed 6-26-84.)
H. Residential care communities pursuant to West Virginia State Code, Chapter 16, Article 15N.
(Ord. 0-1064. Passed 2-11-03.)
(3) Public utility services and substations. Other than those in the public right of way, including buildings.
(Ord. 0-290. Passed 6-26-84.)
(4) Commercial.
A. Automotive services, major and minor repair excluding junk yards and towing services.
(Ord. 0-892. Passed 8-25-98.)
B. Business, professional and medical offices.
C. Financial services, banks, savings and loan companies and similar institutions. (Ord. 0-290. Passed 6-26-84.)
D. Personal and business services. All personal and business services are permitted, including but not limited to, barbershops, beauty parlors, dry cleaning and laundry, pick-up stations, or self-service establishments, equipment rental, repair shops, tailoring and dressmaking, eating and drinking establishments (restaurants - drive-ins not excluded), and taverns, in conformity with West Virginia Code Chapters 11 and 60, entertainment establishments, communication services, and business services (establishments providing services to other businesses).
(Ord. 0-774. Passed 6-13-95.)
E. Recreation, including baseball fields, swimming pools, skating rinks, golf driving ranges and bowling alleys, etc.
F. Retail sales. All general retail activities are permitted, including, but not limited to, single use sites, shopping centers and plazas.
G. Transient lodging, hotels, motels, rooming houses, etc.
H. Other business uses determined by the Zoning Administrator to be of the same general character as these principal permitted uses.
I. Parking lots.
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(1) Wholesale establishments.
(2) Warehousing.
(3) Other business uses determined by the Board of Zoning Appeals to be of the same general character as the permitted uses listed in subsection (b) hereof.
(d) Accessory Permitted Uses. Any accessory use customarily incidental to a principal permitted use, including the following:
(1) Signs, including off-premise signs.
(2) Off-street parking and loading facilities. (See Article 1363)
(e) Requirements. The following requirements shall be observed, except as modified hereinbefore in accordance with the provisions of Article 1361.
(1) Maximum height. None.
(2) Minimum business lot area. None.
Minimum residential lot area. 5,000 square feet.
(Ord. 0-988. Passed 5-22-01.)
(3) Minimum residential density. None. (Ord. 0-290. Passed 6-26-84.)
(4) Minimum setbacks.
A. Minimum front yard: twenty feet.
Minimum front yard for gasoline service station canopy: ten feet.
B. Minimum side yards:
1. Residential:
Stories | Least Width (Feet) | Sum of Least Width (Feet) |
1 | 5 | 12 |
2 and over | 6 | 14 |
2. Nonresidential occupancy:
Stories | Least Width (feet) | Sum of Least Width (feet) |
1 & 2 | 5 | 10 |
3 | 8 | 16 |
over 3 | 10 | 20 |
3. Side yard corner lot: A side yard along side street line of a corner lot shall have a width of not less than one-half the depth of the required minimum front yard.
4. Front and side yard increase for length of building: The front yard shall be increased above the minimum by one foot for each ten feet by which the length of the building wall abutting such front yard exceeds sixty feet. The side yard shall be increased above the minimum by one foot for each ten feet by which the length of the building wall abutting such side yard exceeds sixty feet.
(Ord. 0-988. Passed 5-22-01.)
5. Gasoline service station canopy. Corner lot side yard: ten feet.
C. Minimum rear yard:
l. Residential:
a. Under three stories: twenty-five feet.
b. Three stories and over: thirty feet plus an additional five feet per story or fraction thereof.
2. Nonresidential occupancy: Under two stories: ten feet. Two stories or more: twenty feet plus an additional five feet per story or fraction thereof.
(Ord. 0-546. Passed 9-27-88.)
(f) Performance Standards.
(1) Nonobjectionable uses. No processes and equipment shall be employed or goods sold which are objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water- carried waste, as defined by City, State and Federal laws.
(2) Outside storage. In any automobile service station involved in major or minor repairs to automobiles or similar establishments involved in major or minor repair work, there shall be no storage of wrecked or dismantled vehicles, parts or accessories outside of the principal building or adjoining visually screened areas. Any such visually screened areas must meet the setback requirements of the B-2 District regulations.
(Ord. 0-290. Passed 6-26-84.)
1349.04 B-3 CENTRAL BUSINESS DISTRICT USES.
(a) Purpose and Scope. It is the purpose of the B-3 District to accommodate the several commercial types of activities, commonly found in the core of the business district, which require a concentration of business or a high pedestrian volume to be most successful. Permitted uses are limited to those ordinarily requiring a core location.
(b) Principal Permitted Uses.
(1) Residential.
A. Single, two family, multi-family dwellings and rooming houses.
B. Planned unit developments.
(2) Institutional.
A. Civic, fraternal clubs and lodges.
B. Churches.
C. Educational institutions, private schools, day care and nurseries.
D. Hospitals.
E. Libraries, museums and art galleries.
F. Public buildings and related uses.
G. Nursing homes and senior citizens centers.
(Ord. 0-290. Passed 6-26-84.)
H. Residential care communities pursuant to West Virginia State Code, Chapter 16, Article 15N.
(Ord. 0-1064. Passed 2-11-03.)
(3) Public utility service and substations.
(4) Commercial.
A. Automobile service stations, in accordance with subsection (f) hereof.
B. Beauty and barber shops.
C. Retail stores: clothing, drug, hardware, appliances, furniture, and jewelry and similar retail establishments.
D. Communications offices and services.
E. Dry cleaning outlets.
F. Commercial and public entertainment places, motion picture theaters, performing arts, nightclubs, bars, etc.
G. Financial services, drive-in facilities subject to subsection (f) hereof.
H. Food stores: general grocery stores and speciality shops.
I. Funeral homes.
J. General business services established to provide services to other businesses .
K. Transient lodging, hotels, motels, etc.
L. Offices for businesses, professional and institutional uses, including medical offices.
M. Parking lots and garages, publicly owned subject to subsection (f) hereof.
N. Pedestrian parks, both public and private.
O. Photographic studios.
P. Printing services.
Q. Private clubs.
R. Restaurants, snackbars and other non-drive-in type food service establishments, indoor and outdoor.
S. Retail bakeries.
T. Repair shops: small appliances, watch, clock, jewelry, and leather goods and furniture, etc.
U. Tailor shops.
V. Other business uses determined by the Zoning Administrator to be of the same general character as the principal permitted uses.
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05 (b) .
(1) Other business uses determined by the Board of Zoning Appeals to be of the same general character as the permitted uses listed in subsection (b) hereof.
(3) Trade schools, testing laboratories and studios.
(4) Drive-in facilities accessory to principal permitted uses subject to subsection (f) hereof.
(5) Wholesale establishments.
(6) Warehousing. (Ord. 0-290. Passed 6-26-84.)
(d) Accessory Permitted Uses. Accessory uses and buildings constructed at the same time or after construction or initiation of the principal permitted use of the building and limited to buildings and uses clearly incidental, accessory and supportive of the principal building or use:
Off-street parking and loading facilities in accordance with subsection (f) hereof.
(Ord. 0-587A. Passed 3-27-90.)
(e) Requirements. The following requirements shall be observed, except as modified hereinbefore in accordance with the provisions of Article 1361.
(1) Maximum building height. None.
(2) Minimum lot area. None.
(3) Maximum residential density. None.
(4) Minimum setbacks. None.
(5) Off-street parking. None.
(Ord. 0-290. Passed 6-26-84.)
(f) Performance Standards.
(1) New parking lots and drive-in facilities, accessory off-street parking and loading facilities, may not have any entrances or exits to Market Street.
(2) Nonobjectionable uses. Processes and equipment employed and goods sold shall be limited to those which are not objectionable by reason of odor, dust, cinders, smoke, gas, gum, noise, vibration, radiation, refuse matter or water carried waste as defined by City, State and Federal laws.
(3) Parking lots. All off-street parking areas except required parking space accessory to a single-family residence or duplex, shall conform with the following standards in addition to those requirements listed in Article 1363:
A. Surfacing. All parking areas shall be paved with a hard surface of hot-laid bituminous concrete or Portland cement concrete.
B. Lighting. All parking areas shall be illuminated to a minimum of one foot-candle. All fixtures shall be so designed as to avoid casting direct light upon adjoining dwellings.
(Ord. 0-1622. Passed 5-28-19.)
C. Landscaping. Landscaping shall be provided in accordance with Section 1363.02(i) for the area used for off-street parking. The maintenance of such landscaping shall be the responsibility of the property owner.
(Ord. 0-1623. Passed 6-11-19.)
1349.05 B-4 RESIDENTIAL-OFFICE DISTRICT USE REGULATIONS.
(a) Purpose and Scope. It is the purpose of the B-4 District to accommodate a mix of residential, institutional, office and retail uses adjoining the Central Business District.
(b) Principal Permitted Uses.
(1) Residential.
A. Single, two-family, multi-family dwellings and rooming houses.
B. Planned unit developments.
(2) Institutional.
A. Civic, fraternal clubs and lodges.
B. Churches.
C. Educational institutions, private schools, day care and nurseries.
D. Hospitals.
E. Libraries, museums and art galleries.
F. Public buildings.
G. Nursing homes and senior citizen centers.
(Ord. 0-988. Passed 5-22-01.)
H. Residential care communities pursuant to West Virginia State Code, Chapter 16, Article 15N.
(Ord. 0-1064. Passed 2-11-03.)
(3) Public utility services and substations.
(4) Commercial.
A. Automobile service stations in accordance with subsection (f) hereof.
B. Beauty and barber shops.
C. Retail stores, limited to specialty shops selling clothes, drugs, hardware supplies, small appliances and jewelry, excluding liquor stores.
D. Communications offices and services.
E. Dry cleaning outlets.
F. Financial services, excluding banking facilities.
G. Food stores: general grocery stores and specialty shops, excluding liquor stores.
H. Funeral homes.
I. Offices for business, professional and institutional uses, including medical offices.
J. Parking lots and garages, publicly owned, subject to subsection (f) hereof.
K. Pedestrian parks, both public and private.
L. Photographic studios.
M. Printing services.
N. Restaurants, providing non-drive-in food service, indoor and outdoor.
O. Retail bakeries.
P. Repair shops: small appliances, watch, clock, jewelry, leather goods, etc.
Q. Tailor shops.
R. Other business uses determined by the Zoning Administrator to be of the same general character as these principal permitted uses.
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(1) Other business uses determined by the Board of Zoning Appeals to be of the same general character as the permitted uses listed in subsection (b) hereof.
(3) Trade schools, testing laboratories and studios.
(4) Drive-in facilities accessory to principal permitted uses subject to subsection (f) hereof.
(5) Wholesale establishments.
(6) Movie theaters.
(7) Banking facilities.
(8) Furniture and home furnishings, retail sales and repair.
(d) Accessory Permitted Uses. Accessory uses and buildings constructed at the same time or after construction or initiation of the principal permitted use of the building and limited to buildings and uses clearly incidental, accessory and supportive of the principal building or use.
(1) Signs.
(2) Off-street parking and loading facilities in accordance with subsection (f) hereof.
(e) Requirements. The following requirements shall be observed, except as modified hereinbefore in accordance with the provisions of Article 1361.
(1) Maximum building height. None.
(2) Minimum lot area. None.
(3) Maximum residential density. None.
(4) Minimum lot setbacks.
A. Minimum front yard: twenty feet.
B. Minimum side yards:
1. Residential:
Stories | Least Width (feet) | Sum of Least Width (feet) |
1 | 5 | 12 |
2 or 2 1/2 | 6 | 14 |
Over 2 1/2 | 10 | 20 |
2. Nonresidential occupancy:
Stories | Least Width (feet) | Sum of Least Width (feet) |
1 & 2 | 5 | 10 |
3 | 8 | 16 |
over 3 | 10 | 20 |
3. Side yard, corner lot: A side yard along the side street line of a corner lot shall have a width of not less than one-half the depth of the required minimum front yard.
4. Front and side yard increase for length of building: The front yard shall be increased above the minimum by one foot for each ten feet by which the length of the building wall abutting such front yard exceeds sixty feet. The side yard shall be increased above the minimum by one foot for each ten feet by which the length of the building wall abutting such side yard exceeds sixty feet.
(Ord. 0-988. Passed 5-22-01.)
C. Minimum rear yard:
1. Residential:
a. Under three stories: twenty-five feet.
b. Three stories and over: thirty feet plus an additional five feet per story.
2. Nonresidential occupancy: under two stories, ten feet. Two stories or more, twenty feet plus an additional five feet per story or fraction thereof.
(f) Performance Standards.
(1) Nonobjectionable uses. Processes and equipment employed and goods sold shall be limited to those which are not objectionable by reason of odor, dust, cinders, smoke, gas, gum, noise, vibrations, radiation, refuse matter or water-carried waste as defined by City, State and Federal laws.
(2) Parking lots. All off-street parking areas except required parking space accessory to a single-family residence or duplex, shall conform with the following standards in addition to those requirements listed in Article 1363:
A. Surfacing. All parking areas shall be paved with a hard surface of hot laid bituminous concrete or Portland cement concrete.
B. Lighting. All parking areas shall be illuminated to a minimum of one foot-candle. All fixtures shall be so designed as to avoid casting direct light upon an adjoining dwelling.
C. Landscaping. Landscaping shall be provided on at least five percent (5%) of the total area used for parking. The maintenance of required landscaping shall be the responsibility of the property owner.
(3) Automobile service stations shall be limited to the selling and dispensing of petroleum fuel and to accessory uses including the sale of food products and automobile accessories and supplies. Service work shall be limited to minor repairs, incidental washing and polishing and tune-ups and shall not include body work. No outside storage of wrecked or dismantled vehicles, parts or accessories shall be permitted. No storage or rental of utility trailers, trucks or passenger vehicles shall be permitted. The entire operation of an automobile service station, except the sale and dispensing of petroleum fuel, shall be within an enclosed building.
(Ord. 0-290. Passed 6-26-84.)
Existing Districts P - PERMITTED USES
C - CONDITIONAL USES (to be reviewed by the Board of Zoning Appeals)
Proposed Districts X - NOT PERMITTED
USES | B-1 | B-1 | B-2 | B-2 | B-3 | B-3 | B-4 |
A. WHOLESALE TRADE | X | X | P | C | P | C | C |
1. Cold Storage Facilities | X | X | P | C | P | C | X |
2. Warehousing. | X | X | P | C | X | C | X |
B. RETAIL | |||||||
1. Lumber, Hardware, Garden. | |||||||
Lumber and other Building Material | X | X | P | P | X | C | X |
Paint, Glass and Wallpaper Stores | C | P | P | P | C | P | P |
Hardware Stores and Garden Supply | C | P | P | P | P | P | P |
Retail Nurseries | C | X | P | P | C | X | X |
2. Furniture and Home Appliance. | |||||||
Furniture and Home Furnishing Stores | C | P | P | P | P | P | C |
Major Appliance (refrig., washers and dryers, air conditioning, furnaces, etc.) | C | X | P | P | P | P | P |
Small Appliance (radio, television, kitchen appliances, handy tools, etc.) | C | P | P | P | P | P | P |
3. Food | |||||||
Grocery Stores | P | P | P | P | C | P | P |
Retail Meat Markets | P | P | P | P | C | P | P |
Fruit Stores and Vegetable Markets | P | P | P | P | C | P | P |
Candy, Nut and Confectionery Stores | P | P | P | P | C | P | P |
Dairy Product Stores | P | P | P | P | C | P | P |
Retail Bakeries - baking and selling | P | P | P | P | P | P | P |
Liquor Stores, beer and carryouts | P | C | P | P | C | P | X |
4. Merchandise. (New and Used) | |||||||
Department Stores | C | X | P | P | P | P | X |
Apparel | C | P | P | P | P | P | P |
Shoe Stores | C | P | P | P | P | P | P |
Variety Stores | C | P | P | P | P | P | P |
Book Stores and Office and Art Supplies | C | P | P | P | P | P | P |
Florists, Newstands, Cigar Stands | P | P | P | P | P | P | P |
Gifts and Novelties | C | P | P | P | P | P | P |
Jewelry Stores | C | P | P | P | P | P | P |
5. Health. | |||||||
Drug Stores | P | P | P | P | P | P | P |
Personal Medical Equipment and Accessories | C | P | P | P | P | P | P |
6. Sporting Goods. | |||||||
Sporting Goods, Bike Shops | C | P | P | P | P | P | P |
Recreational Vehicle Dealers (boats, motorcycles, etc.) | C | X | P | P | X | X | X |
Hobby Shops | C | P | P | P | P | P | P |
7. Others. | |||||||
Mobile Home Dealers | C | X | P | P | X | X | X |
New and Used Car Dealers | C | X | P | P | X | X | X |
Gasoline Service Stations | P | C | P | P | X | P | P |
Music Stores | C | P | P | P | P | P | P |
Parking Lots and Commercial Parking Garages | X | X | C | P | C | C | C |
C. SERVICES | |||||||
1. Financial. | |||||||
Banking/Financial Institutions | P | X | P | P | P | P | C |
Security, Commodity Broker and Service | P | P | P | P | P | P | P |
Insurance Companies | P | P | P | P | P | P | P |
2. Personal Services. | |||||||
Beauty Shops | P | P | P | P | P | P | P |
Barber Shops | P | P | P | P | P | P | P |
Taylor/Dressmaking and Alteration | P | P | P | P | P | P | P |
Laundry, Cleaning and Garment Services | P | P | P | P | P | P | P |
Photographic Studios, Portraits | P | C | P | P | P | P | P |
Printing | P | X | P | P | P | P | P |
Funeral Homes | P | X | P | P | P | P | P |
Car Wash | P | C | P | P | X | X | X |
3. Repair Services. | |||||||
Shoe Repair | P | P | P | P | P | P | P |
Small Appliance Repair Shops (radio, TV, typewriter, etc.) | C | P | P | P | C | P | P |
Major Appliance Repair Shops (refrigerator, stove, etc.) | C | X | P | P | C | X | X |
Watch, Clock, Jewelry Repair Shops | C | P | P | P | C | P | P |
Reupholstery and Furniture Repair Shops | C | X | P | P | X | P | P |
Welding Shops | C | X | P | P | X | X | X |
4. Office/Business Service. | |||||||
Real Estate Office | P | P | P | P | P | P | P |
Engineering/Architectural | P | P | P | P | P | P | P |
Accounting, Auditing and Bookkeeping | P | P | P | P | P | P | P |
Legal/Other | P | P | P | P | P | P | P |
Business Services (advertising, employment agency, computers, and credit) | P | P | P | P | P | P | P |
Communication Services | P | X | P | P | P | P | P |
5. Entertainment. | |||||||
Motion Pictures, Theaters and Auditoriums | P | C | P | P | P | P | C |
Dance Halls | P | C | P | P | P | P | X |
Bowling and Billiard Establishments | P | C | P | P | P | P | X |
Video Arcades | P | C | P | P | P | P | X |
Night Clubs | P | C | P | P | P | P | X |
Commercial Sport Facilities (Swimming pools, skating rinks, bowling, etc.) | P | C | P | P | P | P | X |
Drive-In Theaters | C | C | P | P | P | P | X |
6. Eating and Other Establishments. | |||||||
Restaurants (sit down) | P | P | P | P | P | P | P |
Fast Foods (w/drive-ins) | P | P | P | P | X | C | X |
Hotels, Motels and Tourist Facilities | P | X | P | P | P | P | X |
Bars and Night Clubs | P | C | P | P | P | P | X |
Catering Services | P | P | P | P | P | P | P |
7. Medical Services/Institutions. | |||||||
Medical Health Offices and Research Services. | P | C | P | P | P | P | P |
Hospitals - General Medical, Surgical, Psychiatric | P | C | X | P | X | P | P |
8. Other Institutions. | |||||||
Nursing Homes | P | P | X | P | C | P | P |
Day Care | P | P | P | P | P | P | P |
Senior Citizen Centers | P | P | P | P | C | P | P |
Elementary and Secondary Schools | P | P | P | P | C | P | P |
Colleges and Universities | P | P | P | P | C | P | P |
Dance and Art Studios | P | P | P | P | P | P | P |
Libraries and Information Centers | P | P | P | P | P | P | P |
Correspondence and Vocational Schools | P | P | P | P | C | P | P |
Museums, Art Galleries | P | P | P | P | P | P | P |
Civic and Social Organizations | P | P | P | P | P | P | P |
Churches | P | P | P | P | P | P | P |
Public Administration Building | P | P | P | P | P | P | P |
1350.01 PURPOSE.
It is the purpose of the Facade Regulations to create a means for improving the growth, business retention and recruitment of downtown Parkersburg through the promotion of cohesive architectural styles and designs, land uses, streetscape designs and historic preservation.
(Ord. 0-905. Passed 11-24-98.)
1350.02 CREATION AND BOUNDARIES.
There is hereby created a Central Downtown Business District whose boundaries are described as follows:
Beginning at the intersection of the center of Ann and the center of 4th Streets; Thence with the center of 4th Street, and its westerly prolongation, in a westerly direction to the Parkersburg floodwall; Thence with the Parkersburg floodwall in a southerly, easterly and northerly direction to a point in the floodwall which is 150 feet easterly from the easterly line of Green Street; Thence with a line parallel to and 150 feet easterly from the easterly line of Green Street in a northerly direction to the intersection of said line and a point which is 150 feet southerly from the southerly line of 7th Street; Thence with a line parallel to and 150 feet southerly from the southerly line of 7th Street, in an easterly direction to the intersection of said line with the southerly prolongation of the center of Quincy Street; Thence with the center of Quincy Street and its southerly prolongation, in a northerly direction to the intersection of the center of Quincy Street and the center of 8th Street; Thence with the center of 8th Street in a westerly direction to the intersection of the center of 8th Street and the center of Clay Street; Thence with the center of Clay Street to a point which is 150 feet easterly from the easterly line of Avery Street; Thence with a line parallel to and 150 feet easterly from the easterly line of Avery Street in a northerly direction to a-point in the southerly line of 13th Street; Thence with the southerly line of 13th Street in a westerly direction, to the intersection of the southerly line of 13th Street and the center of the 20-foot alley between Market Street and Juliana Street, commonly known as Williams Court Alley; Thence, with the center of Williams Court Alley, in a southerly direction, to the intersection of the center of Williams Court Alley and the center of 9th Street; Thence with the center of 9th Street in a westerly direction to the intersection of the center of 9th Street and the center of Ann Street; Thence with the center of Ann Street in a southerly direction to the point of beginning.
Legal Description of Amendment No. 1
Beginning at the intersection of the northerly right-of-way line of the CSX railroad and the southerly prolongation of the center of Quincy Street; Thence, with the said right-of- way line, in an easterly direction, to the southerly prolongation of the westerly line of Swann Street; Thence, with the said westerly line of Swann Street, and its southerly prolongation, in a northerly direction, the center of Jeanette Street; Thence, with the center of Jeanette Street, in an easterly direction, to the center of Julius Street; Thence, with the center of Julius Street, in a northerly direction, to its intersection with the center of the first alley south of Mary Street; Thence, with the center of the first alley south of Mary Street, in an easterly direction, to the center of William Street; Thence, with the center of William Street, in a northerly direction, to the center of Mary Street; Thence, with the center of Mary Street, in an easterly direction, to the easterly line of East Street; Thence, with the easterly line of East Street, in a northerly direction, to the southerly line of Seventh Street; Thence, crossing Seventh Street, in a northerly direction, to the southeasterly corner of the tract of land rezoned by Ordinance #0-127, which parcel is at the corner of Seventh and Laird Streets; Thence, in a northerly direction, 128.60 feet to the northeasterly corner of the aforementioned tract; Thence, with the northerly line of the said tract; in a westerly direction, to the easterly line of Laird Avenue; Thence, in a westerly direction, to a point in the westerly line of Laird Avenue which is 150 feet northerly from, at right angles with the northerly line of Seventh Street;
Thence, with a line 150 feet at right angles from, and parallel to the northerly line of Seventh Street, in a westerly direction, to the easterly line of Lot 3 of the Partition of Hutchinson's Grove, as shown in Deed Book 71, Page 67, in the Office of the Clerk of the County Commission of Wood County, West Virginia; Thence, with the said line, in a southerly direction, to the center of the first 10-foot alley north of Seventh Street; Thence, with the center of the said alley, in a westerly direction, to the easterly line of George Street; Thence, in a westerly direction, to the intersection of the westerly line of George Street and the center of the first 20-foot alley north of Seventh Street; Thence, with the center of the said alley, in a westerly direction, to the easterly line of William Street; Thence, in a westerly direction, to a point in the westerly line of William Street which is 150 feet northerly at right angles from the northerly line of Seventh Street; Thence, with a line 150 feet at right angles from, and parallel to the northerly line of Seventh Street, in a westerly direction, to the easterly line of Lynn Street; Thence, in a westerly direction, to the intersection of the westerly line of Lynn Street and the center of the first 15-foot alley North of Seventh Street; Thence, with the center of the said alley, in a westerly direction, to the easterly line of Swann Street; Thence, in a westerly direction, to the intersection of the westerly line of Swann Street and the southerly line of East 8th Street; Thence, with the southerly line of East 8th Street, in a westerly direction, to the westerly terminus 8th Street; Thence, with a line 150 feet at right angles from, and parallel to the northerly line of Seventh Street, in a westerly direction, to the easterly line of Jackson Avenue; Thence, in a westerly direction, to the intersection of the westerly line of Jackson Avenue and the center of the first alley North of Seventh Street; Thence, with the center of the said alley, in a westerly direction, to the center of 8th Street; Thence with the center of 8th Street in a westerly direction to the intersection of the center of 8th Street and the center of Quincy Street; Thence with the center of Quincy Street and its southerly prolongation, in a southerly direction to the beginning.
Legal Description of Amendment No. 2
Beginning at a point in the center of Ann Street which is 216 feet northerly from the northerly line of Eighth Street; Thence, in a westerly direction, to a point in the westerly line of Ann Street which is 216 feet northerly from the northerly line of Eighth Street; Thence, parallel with Eighth Street, in a westerly direction, 80 feet; Thence, in a northerly direction 50.4 feet to a point which is 80 feet westerly from the westerly line of Ann Street; Thence, in a westerly direction 10.52 feet; Thence, in a northerly direction 75.89 feet to a point which is 110 feet westerly from the westerly line of Ann Street; Thence, in an easterly direction 10 feet; Thence in a northerly direction 127.5 feet to a point in the southerly line of Tenth Street, which point is 110 feet westerly from the westerly line of Ann Street; Thence, in a northerly direction, across Tenth Street to a point in the northerly line of Tenth Street and in the center of the first 20 foot alley west of Ann Street; Thence, with the center of the 20 foot alley, in a northerly direction to a point in the southerly line of Eleventh Street; Thence, across Eleventh Street to a point which is 175 feet westerly from the westerly line of Ann Street; Thence, in a northerly direction 169.64 feet to a point which is 175 feet westerly from the westerly line of Ann Street; Thence, in a westerly direction 59.78 feet; Thence, in a northerly direction 135.45 feet to the center of Twelfth Street;
Thence with the center of Twelfth Street, in a westerly direction, to the easterly line of Murdoch Avenue, Thence in a northerly direction, with the easterly line of Murdoch Avenue, to a point which is 78 feet northerly of the northerly line of Twelfth Street; Thence in an easterly direction 100 feet; Thence, in a northerly direction 101.4 feet; Thence, in an easterly direction 53 feet; Thence in a northerly direction 70.5 feet; Thence, in an easterly direction 16 feet to a point which is 150 feet westerly from the westerly line of Ann Street; Thence in a northerly direction to a point which is 103 feet easterly from the easterly line of Murdoch Avenue and in the southerly line of the Nash School Property; Thence, in a westerly direction 103 feet to a point in the easterly line of Murdoch Avenue; Thence in a northerly direction, with the easterly line of Murdoch Avenue, to the southerly line of 13th Street; Thence, with the southerly line of 13th Street, in a westerly direction, to the easterly line of Garfield Avenue; Thence, in a westerly direction, to a point in the westerly line of Garfield Avenue which is the northeasterly corner of Lot 12 of The P.G. Van Winkle Estate, as shown in Deed Book 57, Page 489, in the Office of the Clerk of the County Commission of Wood County, West Virginia; Thence, in a westerly direction, to a point in the easterly line of Skirvin Street, at its northerly terminus; Thence with the easterly line of Skirvin Street; in a southerly direction to the northerly line of 12th Street; Thence, in a southerly direction, to a point in the southerly line of 12th Street, which point is 150 feet westerly from, at right angles to, the westerly line of Garfield Avenue; Thence, in a southerly direction, with a line 150 feet at right angles from, and parallel to the westerly line of Garfield Avenue, to the northerly line of Park Place; Thence, with the northerly line of Park Place, in an easterly direction, to the westerly line of Garfield Avenue; Thence, with the westerly line of Garfield Avenue, in a southerly direction, to the westerly prolongation of the center of Fourth Street; Thence with the center of 4th Street, and its westerly prolongation, in an easterly direction to the intersection of the center of 4th Street and the center of Ann Street; Thence with the center of Ann Street in a northerly direction to the point of beginning.
(Ord. 0-905. Passed 11-24-98.)
1350.03 ESTABLISHMENT OF DOWNTOWN DESIGN AND FACADE COMMITTEE.
The official name of the Facade Committee shall be the Parkersburg Downtown Design and Facade Committee.
(Ord. 0-905. Passed 11-24-98.)
1350.04 PURPOSE OF THE COMMITTEE.
The purpose of the Committee shall be to review and approve the repair and rehabilitation of and/or proposed improvements and modifications to buildings located in the Central Downtown Business District, as defined above.
(Ord. 0-905. Passed 11-24-98.)
1350.05 POWERS AND DUTIES.
The Central Downtown Business District Design and Facade Committee shall have all powers and perform all duties provided for in Section 1349.04 of the Codified Ordinances of the City of Parkersburg. There shall be no charge for the services provided by this Committee.
(Ord. 0-905. Passed 11-24-98.)
1350.06 DESIGN AND FACADE COMMITTEE MEMBERS.
(a) The Parkersburg Downtown Design and Facade Committee shall consist of six members, all of whom shall be qualified by knowledge and experience in matters pertaining to the development of the Central Business District and who shall include one representative of a local design firm; one member of Parkersburg City Council appointed by the President; a resident whose primary occupancy is within the Central Business District; two (2) representatives of businesses which own real property and operate a business within the Central Downtown Business District boundaries and the Executive Director of Main Street PKB. The Planning Director and Code Enforcement Director of the City of Parkersburg shall serve as nonvoting staff members.
(b) Nominations to the Committee shall be made by the Mayor and confirmed by the City Council with the exception of the Council member, who shall be appointed by Council President, and the Executive Director of Main Street PKB.
(c) The terms of the first four mayorally-appointed representatives shall be for the following periods of time: one for a period of one year; one for a period of two years; and two for a period of three years. The terms shall expire on the first day of January of the first, second and third year respectively, following their appointment. Thereafter, as their terms expire, each new appointment shall be for a term of three years. Each appointee may succeed himself by one time re-appointment to one additional three (3) year term. If a vacancy occurs, by resignation or otherwise, the new member of the Committee shall be nominated by the Mayor and confirmed by Council to fulfill the unexpired term. Thereafter, the position appointment would conform with the regulations of this same article of the City Ordinance. The term of the Council representative shall coincide with his/her Council term, at the discretion of the Council president.
(Ord. 0-1608. Passed 2-12-19.)
1350.07 MEETINGS AND HEARINGS.
All Facade Committee meetings shall be open to the public. The Committee shall establish meeting times, attendance of members, order of business, filing, rules of order, and records in its bylaws.
(Ord. 0-905. Passed 11-24-98.)
1350.08 ORGANIZATION AND ADMINISTRATION.
At the first meeting of each year, the Committee shall elect a chairman and vice-chairman from its members. The vice-chairman shall have authority to act as chairman during the absence or disability of the chairman. A majority of the Committee members shall constitute a quorum for public hearings and/or official business. No action of the Committee is official unless authorized by a majority of the Committee members present.
As the Mayor deems appropriate, the Mayor shall designate City agencies to assist the Committee in the discharge of its duties and shall provide a suitable location for holding meetings and preservation of related documents. The Committee shall submit an annual report of its activities to the Mayor, the Planning Commission, and the City Council.
(Ord. 0-905. Passed 11-24-98.)
1350.09 STUDY OF THE CENTRAL BUSINESS DISTRICT.
The Parkersburg Downtown Design and Facade Committee may conduct special studies for the purpose of assessing the business and architectural importance of buildings or sites in the area, the present use and condition of buildings and land, and the relation of the Central Downtown Business District to surrounding areas. The Committee shall maintain an inventory, updated at least annually, of all buildings, parking lots and vacant lots within the district boundaries. The inventory shall be compiled by members of the Facade Committee and maintained in a database by the Planning and Zoning Divisions. The Planning and Zoning Divisions shall also maintain a database of all Certificates of Appropriateness issued by the Design and Facade Committee, to ensure projects are in compliance with their approved plans. (Ord. 0- 1371. Passed 5-4-10.)
1350.10 PRIOR PERMISSION FOR A BUILDING PERMIT.
No building permit shall be issued by the Code Administration Division of the City for work in the Central Downtown Business District, as defined in Section 1350.02, without a Certificate of Appropriateness from the Downtown Design and Facade Committee.
Prior to any change in the exterior of existing buildings or construction of new buildings in the district, the Committee shall review all plans and designs for the construction, alteration, repair (including painting), or demolition of structures in the Central Downtown Business District.
No building or structure exposed to public view including fences, boundary walls, light fixtures, steps and paving or other appurtenant fixtures, public or private, shall be erected, altered, restored, moved, or demolished within the Central Downtown Business District until after an application for a Certificate of Appropriateness has been submitted to and approved by the Committee. For the purposes of this article, "exterior features" shall include the color, architectural style, general design, and general arrangement of the exterior of a structure, including the kind and texture of the building material and type and style of all windows, doors, light fixtures, and other appurtenant fixtures.
(Ord. 0-1121. Passed 2-10-04.)
1350.11 EXCEPTIONS.
Nothing in this article shall be construed to prevent ordinary maintenance or repairs which do not involve a change of design, materials, or outward appearance of a building or structure nor to prevent the construction, reconstruction, alteration, or demolition of any such feature which is required by the public safety because of an unsafe or dangerous condition. The requirements of this article do not apply to work which was begun for which a permit was issued prior to the adoption of this article.
Single-family detached dwellings are not subject to the provisions of this article.
(Ord. 0-905. Passed 11-24-98.)
1350.12 REVIEW PERIOD.
The Downtown Design and Facade Committee shall consider the application for alteration to a CDBD site within no more than ten (10) days, excluding weekends, after receiving an application. Upon reviewing the application, the Committee shall act upon it and shall give written notice of its decision to the applicant within thirty (30) days of the date of the application. If the application is approved, the Committee shall issue a Certificate of Appropriateness. The Certificate should be signed by the chairman, and transmitted to the City Zoning Officer. The Committee shall keep a record of all Certificates of Appropriateness issued.
Failure of the Design and Facade Committee to approve or disapprove an application within thirty (30) days from the date of the application for the building permit, unless otherwise mutually agreed upon by the applicant and Committee, shall be deemed to constitute approval and the Zoning Officer shall proceed to process the application without regard to a Certificate of Appropriateness. However, such thirty (30) day provision shall not apply in instances where the Committee deems an incomplete application has been submitted or where additional information has been requested of the applicant by the Committee.
Should the Committee disapprove the application, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefor in writing to the applicant. The Committee shall state its reasons for disapproving the plans submitted. The applicant, if he or she so desires, may make modifications to the plans and shall have the right to resubmit said application at any time after so doing.
Upon receiving a Certificate of Appropriateness, the applicant may apply for a building permit in accordance with the City Building Codes.
The Code/Zoning Administration Division shall inspect the construction, alteration and/or improvements of a project within nine (9) months after a Certificate of Appropriateness is issued, if the project is not already finished and a final inspection completed and approved by the Code Administration. The inspector shall have the authority to issue a “Stop Work Order” if the project is found not to be in compliance with the existing Certificate of Appropriateness.
Upon project completion, the applicant must schedule a final inspection with the Code Administration if the project is found not to be in compliance with the approved plan(s), or if the applicant fails to schedule a final inspection with the Code Administration before the Certificate of Appropriateness expires, the applicant may be subject to a penalty consistent with Section 1350.99.
(Ord. 0-1371. Passed 5-4-10.)
1350.13 VARIANCE.
The DDFC shall have the power to vary or modify strict adherence to this article in circumstances applicable solely to the particular applicant if the Committee finds that the granting of such variance is in accordance with the intent of this article. Such finding shall be stated in the official minutes of the DDFC.
(Ord. 0-905. Passed 11-24-98.)
1350.14 COMPLIANCE.
All persons, corporations, partnerships, owners, lessees, or lessors which own, lease or occupy real estate and improvements located or constructed upon real estate located within the geographical boundaries governed by Section 1350.02, shall comply with the provisions, articles, sections and requirements of this article, including compliance with the CDBD appearance standards within thirty (30) months of its date of passage into law, subject to the following exceptions: All sections of Article 1349 of the Parkersburg Zoning Ordinance dealing with administrative procedures of any governmental bodies, including the Downtown Design and Facade Committee and including any building or repair applications required to be made to or approved by governmental bodies, including the Downtown Design and Facade Committee, shall be in effect immediately upon date of passage of this article, that is as of November 24, 1998.
Additionally, a Certificate of Appropriateness shall be valid for a maximum of eighteen (18) months. If a project is not completed within the allotted time period due to adverse weather conditions or extenuating circumstances, the applicant may request an extension of said Certificate of Appropriateness of up to three (3) months.
(Ord. 0-1371. Passed 5-4-10.)
1350.15 APPEALS TO BOARD OF ZONING APPEALS.
Appeal of the actions and decisions of the Downtown District Design and Facade Committee shall be made directly to the Board of Zoning Appeals by application with the Zoning Officer. The Board of Zoning Appeals shall have the authority to review, amend, affirm, reflect or deny the actions and decisions of the Committee.
(Ord. 0-905. Passed 11-24-98.)
1350.16 DISTRICT APPEARANCE STANDARDS.
(a) The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and the structures thereon shall reflect a reasonable level of maintenance. The exterior of every structure or accessory structure including fences, signs and storefronts shall be maintained in good repair and all surfaces thereof shall be kept painted or whitewashed where necessary for the purpose of preservation and appearance. All surfaces shall be maintained free of broken glass, loose shingles, crumbling masonry, excessive peeling paint, or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved and safe and fire hazards eliminated.
(b) All windows exposed to public view shall be kept clean and free of marks of foreign substance except when necessary in the course of changing displays. No storage materials, stock, or inventory other than items for display shall be permitted in window display areas ordinarily exposed to public view unless said areas are first screened from public view by drapes, blinds, or other permanent rendering of the windows opaque to public view. All screening of interiors shall be composed of clean materials and kept in good state of repair. This applies to both occupied and unoccupied structures.
(c) All permanent signs and billboards exposed to public view permitted by reason of other regulations or as lawful nonconforming use shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall with their supporting members, be removed forthwith, or put into good state of repair. All non-operative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith. All signs advertising establishments no longer in business shall be removed.
(d) Any awning or marquee and its accompanying structural members which extend over any street, sidewalk, or any other portion of the premises, shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event said awnings or marquees are made of cloth, plastic or of similar material, said cloth or plastic where exposed to public view shall not show evidence of excessive weathering, discoloration, ripping, tearing, or other holes. Nothing herein shall be construed to authorize any encroachment on sidewalks, or other parts of the public domain, except as permitted under other statutes, ordinances or regulations.
(e) Solid or permanently enclosed or covered exteriors shall not be permitted, unless treated as an integral part of the building facade using wall materials and window detailing compatible with the upper floors. All exteriors shall be designed to be compatible, harmonious, and consistent with the scale, type and character of the structure, and to the extent possible, adjacent structures. All damaged, sagging, or otherwise deteriorated storefronts, show windows, or entrances shall be repaired or replaced. As much as practicable, facades should be returned to their original appearance. False facades/coverings should be removed to expose original brick, block or stone, unless such false facades/coverings are consistent and compatible with the upper floors of the structure, as well as the adjacent structures.
(f) Rear and side walls shall be repaired and painted to present a neat and fresh appearance. Rear walls should be painted to cover evenly all miscellaneous patched and filled areas or be stuccoed to present an even and uniform surface. Side walls in public view shall be finished so as to be harmonious with the front of the building.
(g) Chimneys, elevator penthouses, or any other auxiliary structures on the roofs shall be repaired and cleaned as required for rear and side walls. Any construction visible from the street or from other buildings shall be finished so as to be harmonious with other visible building walls.
(h) All work shall be designed to be compatible, harmonious and consistent with scale, style, and character of the structure, and to the extent feasible, with the adjacent structures.
(i) Buildings which are on the National Register of Historic Places shall be renovated according to the Secretary of the Interior's Standards for Rehabilitation.
(j) All new buildings and/or new building additions shall be compatible, harmonious and consistent with scale, style, and character of adjacent structures, to the extent feasible.
(k) All electrical substations, water, sanitary sewer or storm water pump stations, and any other above-ground utility structure, except for poles, pole mounted transformers and overhead utility lines, shall be screened from public view. Screening shall be compatible, harmonious and consistent with the style and character of adjacent structures, to the extent feasible.
(l) All new electric service laterals shall be placed underground from its point of entry at the property line. This provision may be waived, at the discretion of the Downtown District Design and Facade Committee, if the applicant demonstrates that such underground placement will cause undue financial hardship. Applicants are encouraged to place electric service underground when upgrading service, however, it is not required.
(Ord. 0-905. Passed 11-24-98.)
(m) Landscaping shall be provided in accordance with Section1363.02(i) for the area used for off-street parking. All such landscaping shall be maintained so as to prevent overgrowth of weeds and grass and shall be otherwise well maintained.
(Ord. 0-1624. Passed 6-11-19.)
(n) Trees, shrubs or other plants may be planted along sidewalks or other public rights-of-way, provided that any such planting which falls, in whole or in part, within a public right-of-way must be done in accordance with Article 165, "City Tree Commission," which requires that no person shall plant, trim or remove any tree or shrub upon any public right of way, street, alley, or other public grounds unless he or she shall have first obtained a permit from the Public Works Director of the City of Parkersburg. Generally, trees shall be of such a type as to not interfere with sight distances, pedestrian traffic or overhead utility lines, nor overhang streets. Tree roots shall be contained in sidewalk cutouts or similar structures so as to prevent future damage to pavements. Consultation with a professional landscape architect, horticulturist or urban forester is suggested, though not required. The Public Works Director, Planning Director or their designees shall maintain a list of suggested trees. However, other trees or plants not on such list may be acceptable, at the option of the Public Works Director.
(Ord. 0-905. Passed 11-24-98.)
1350.99 PENALTY.
(a) Whoever violates any provision of this article or fails to comply with any of its requirements shall be fined not more than three hundred dollars ($300.00), and in addition shall pay all costs and expenses involved in the case. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) The owner or tenant of any building, structure, premise or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(c) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 0-905. Passed 11-24-98.)
APPENDIX A DOWNTOWN FACADE AND DESIGN GUIDELINES
Introduction
The Downtown Facade and Design Guidelines were created to provide direction for the improvement and enhancement of commercial, governmental, cultural and housing within the downtown and surrounding areas of downtown Parkersburg.
The goal of the City of Parkersburg is to establish aesthetic continuity, and to protect the investment of the business community. For the Facade Improvement Program to have the maximum effect on business retention, growth, and recruitment goals, the City of Parkersburg will establish a board appointed by the Mayor and approved by Council.
The Downtown Facade and Design Committee will consist of five (5) members. One member shall be a local architect, a member of Council appointed by the President, a resident whose primary occupancy is within the Central Business District, and two (2) members of the downtown business community. The Planning Director and Code Enforcement Director shall serve as non-voting staff members.
Concept
To encourage desirable development, the City of Parkersburg shall adopt the Downtown Facade and Design Ordinance. This process provides for a case-by-case review of design aspects of new development and redevelopment before a building permit is issued.
The Review Process
Applications for design review may be obtained in the New Business/Zoning Division office. An application for review must be accompanied by a set of submittals, including the following, as applicable:
1. A Zoning application including information on existing and proposed land uses and signage plan, if applicable, in accordance with Article 1364.03.
2. A narrative description of the proposed design or change in design, use of materials and colors, finish grade line, landscaping and orientation of the structure to adjacent properties. Also include color and material samples. Artist or architectural renderings/conceptual designs are encouraged, though not required.
3. An off-street parking plan, drawn to scale, showing the location, extent, nature, character, dimensions of parking and loading facilities (include handicap facilities), ingress/egress routes, total square footage and landscaping. Also indicate details of lighting, drainage and surfacing.
Public or private proposals for construction, reconstruction, remodeling, alterations, maintenance, repairs or demolition of structures and lands within the subject areas will be classified as either major or minor projects. A minor project is one that is defined as such by the Facade Ordinance and will be reviewed administratively by the Planning and Code Divisions. Minor projects are those which will not significantly affect the character, use and development of surrounding properties. Major projects are reviewed by the Facade Committee.
An application for review by the Facade Committee must be filed prior to the onset of any work and accompanied by an adequate set of submittals. Include any presentation material that is essential to the understanding of the proposal and its relationship to its environment.
Upon receipt of an application and submittals adequately describing the project, an administrative hearing on the proposal will be scheduled within 5 days excluding weekends.
Approval by the Planning Division or Facade Committee will result in issuance of a Certificate of Appropriateness and subsequently a Certificate of Zoning Compliance. After the certificates are secured, Building and Demolition Permits may be issued by the Code Enforcement Division.
All repair, maintenance and demolition work must be completed within 90 days of approval. Appeals must be filed with the Planning Division within 45 days of final decision.
Project designers are strongly encouraged to request an early briefing with the Planning Division staff prior to formal application for a hearing. Such meetings provide an opportunity for informal discussion of the specific circumstances of the project and how the guidelines might affect its development.
About the Guidelines
The guidelines in this document are to be used to implement the goals for downtown improvement and design. They are intended to aid project designers in understanding the principal expectations of the City and the concerns and objectives of downtown redevelopment.
The guidelines are not intended to be inflexible prescriptive requirements, and therefore exceptions to them for appropriate proposals may be granted. The Facade Committee, while concerned that every project address itself to all applicable guidelines, is also interested in encouraging creative solutions to design problems.
The guidelines are divided into three topic categories: General Principles, Special Cases and Historic Preservation. They represent the most significant factors affecting the appearance of the downtown area. Historic Preservation has been addressed as a major issue area because of the number of buildings on the National Register of Historic Places, as well as the Julia-Ann Square and George Avery Historic Districts.
The guidelines herein focus on relation of buildings, space and people. They are used to coordinate and enhance the diversity of activities taking place in the downtown area. Many ways of meeting a particular guideline exist, and since it is not the intent to prescribe any specific solution, the guidelines encourage a diversity of imaginative solutions to issues raised by this document.
This set of guidelines is not to be all-inclusive, but subject to modification.
GOALS FOR DOWNTOWN PLANNING AND DESIGN
The following goals are proposed as general statements of objectives for planning and design review in Parkersburg's downtown.
1. Enrich the character, definition and form of downtown Parkersburg.
2. Recognize and preserve the distinctive historical and architectural character of properties that reflect an earlier period of Parkersburg's history.
These goals express the desired ends of the review process. Both the goals and guidelines extend the property development regulations for providing an opportunity for a detailed, measured review of project proposals.
(Ord. 0-905. Passed 11-24-98.)
1351.01 PURPOSE OF DISTRICT CLASSIFICATION,
The manufacturing districts established in this article are designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:
(a) To provide sufficient space, in appropriate locations, to meet the needs of the City's and the metropolitan area's expected future economy for all types of manufacturing and related activities, with due allowance for the need for a choice of sites.
(b) To provide, as far as possible, that such space will be available for use of manufacturing and related activities, and to protect residences by separating them from manufacturing activities and by prohibiting the uses of such space for new residential development.
(c) To encourage manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards, and from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences, by permitting such development in areas where this Zoning Ordinance restricts the emission of such nuisances, without regard to the manufacturing products and processes involved.
(d) To protect manufacturing and related development against congestion as far as is possible and appropriate in each area, by limiting the bulk of buildings in relation to the land around them and to one another, and by providing space off public streets for parking and loading facilities associated with such activities.
(e) To protect adjacent residential and commercial areas, and to protect the labor force in other establishments engaged in less offensive types of manufacturing and related activities, by restricting those manufacturing activities which involve danger of fire, explosions, toxic and noxious matter, radiation and other hazards, or create offensive noise, vibration, smoke and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences, to those limited areas which are appropriate therefor;
(f) To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of manufacturing and related development, to strengthen the economic base of the City, to protect the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings, and to protect the City's tax revenues.
(Ord. A-2530. Passed 2-27-73.)
1351.02 M-1 LIGHT MANUFACTURING DISTRICT USE REGULATIONS.
(a) Purpose and Scope. It is the purpose of the M-1 District to accommodate those manufacturing establishments which are either: ones whose operations are relatively free of objectionable influences; or ones whose objectionable features are capable of being readily obviated or controlled by means of appropriate devices. In the interest of general health and welfare, residential and certain institutional uses are not permitted. Where this district abuts R Districts, special approval is required for manufacturing and industrial uses when located within 200 feet of R District boundary lines.
(b) Principal Permitted Uses.
(1) Principal uses, permitted or as authorized conditional uses in the B-2 District, except those specifically prohibited in subsection (c) hereof.
(2) The following nonmanufacturing uses when located 200 feet or more from an R District boundary line:
A. Concrete mixing plants; sawing and planing mills.
B. Truck terminals, railroad freight stations and depots.
C. Bag, carpet and rag cleaning plants.
D. Bulk storage stations for liquid fuels, petroleum products, petroleum and volatile oils, provided that all tanks shall be located underground.
E. Cold storage plants.
F. Railroad train yards, classification yards, team tracks and major freight stations.
(3) Any other principal manufacturing uses, including assembling, altering, converting, fabricating, finishing, processing and treatment or other industrial uses not specifically prohibited under subsection (c) hereof, provided that they shall be located not less than 200 feet from every abutting R District boundary line.
(c) Prohibited Uses. The following uses shall not be permitted in the M-1 District:
(1) Residential. Dwellings, dwelling units and residences of any kind, including hotels, motels, rooming houses and tourist homes, except for the following:
A. Dwellings for families of watchmen, caretakers and operators, and such sleeping and boarding accommodations as are customarily incidental and necessary to a permitted use, which buildings must be located on the same premises as such permitted use.
B. Additions to existing dwellings where the number of families or the number of lodging accommodations is not increased.
C. Variations in the number of dwelling units within the confines of existing buildings, provided that the gross floor area used for residential purposes be increased not more than 100 percent of the gross floor area used for residential purposes on the effective date of the adoption of this section (Ordinance A-2530, passed February 27, 1973).
(2) Institutional. Schools, orphanages, homes for the aged and similar institutions for human care, except where they are incidental to a principal permitted use.
(3) Manufacturing. The following manufacturing uses, including assembling, altering, converting, fabricating, finishing, processing and treatment or other industrial uses:
A-1. Abrasive substance manufacture.
A-2 . Acetylene manufacture.
A-3. Acid (corrosive) manufacture and derivatives, including bulk storage of such acids and derivatives in quantities of 500 gallons or more, except as provided in paragraph (d)(2) hereof.
A-4. Alcohol distilleries.
A-5. Ammonia manufacture.
A-6. Aniline dye manufacture.
A-7. Asphalt or asphalt products manufacture.
B-1. Bleaching powder manufacture.
B-2. Boat building; boats over five tons.
B-3. Boiler manufacture.
B-4. Bone black or carbon black manufacture.
B-5. Brick, fire brick, and structural clay products manufacture, including refractories.
C-1. Calcimine manufacture.
C-2. Carbon and carbide manufacture.
C-3. Caustic soda manufacture.
C-4. Cement block and cement molded products manufacture.
C-5. Cement manufacture, bulk storage and bulk distribution of cement.
C-6. Charcoal, lampblack and fuel briquettes manufacture.
C-7. Chlorine manufacture.
C-8. Coke and tar products manufacture.
C-9. Coke ovens.
C-10. Corrosive acid manufacture.
C-11. Cotton ginning, wadding and linters manufacture.
C-12. Creosote manufacture.
D-1. Distillation of bones.
D-2. Dressings and blackings manufacture.
D-3. Dyestuffs manufacture.
E-1. Explosives or fireworks manufacture.
F-1. Fat rendering, tallow, grease or lard refining, or manufacture of wax from fats.
F-2. Fertilizer manufacture.
F-3. Forge plants (drop hammer or pneumatic hammer), except forge plants accessory, incidental and subordinate to a principal permitted use.
F-4. Foundries (ferrous or nonferrous), except foundries accessory, incidental and subordinate to principal permitted use.
G-1. Gas manufacture, except distribution of public utility services.
G-2. Gelatin manufacture.
G-3. Glucose or dextrine (starch) manufacture.
G-4. Glue and size manufacture involving the recovery from fish or animal offal or fish smoking or curing.
G-5. Grain, feed or flour milling or processing.
G-6. Graphite or graphite products manufacture.
G-7. Gypsum manufacture.
H-1. Hair, feathers, felt, fur, hides or leather processing, curing or tanning.
I-1. Incineration, reduction or dumping of offal, dead animals, garbage or refuse on a commercial basis.
I-2. Insecticides, fungicides, disinfectants and poisons: manufacture of ingredients for.
J-1. Jute, hemp, sisal or oakum products manufacture.
L-1. Lead oxide manufacture.
L-2. Lime or lime products manufacture.
M-1. Meat, fish and poultry products, including slaughtering and preparation of fish, meat and poultry for packing.
M-2. Metal ores reduction, refining or smelting, or processes utilizing cupolas, open hearths, electric melt or rotary furnaces.
M-3. Metal reclamation from scrap which contains nonmetallic material.
M-4. Metal refining or smelting, except of gold, silver and other precious metals. (Ord. A-2530. Passed 2-27-73.)
M-5. Metal waste salvage and junk yards, including automobile junk yards, and salvage operations, and reclamation of barrels and drums.
(Ord. A-2530. Passed 2-27-73; Ord. 0-1552. Passed 10-25-16.)
M-6. Mining, including commercial mines, quarries and extraction of sand, gravel, clay or earth fill.
N-1. Nitrating processes of cotton and other materials.
P-1. Paint, lacquer, shellac and varnish manufacture, including colors, pigments, thinners and removers.
P-2. Paper and paper board manufacture.
P-3. Petroleum refining, including such petroleum products as gasoline, kerosene, naphtha and lubricating oil.
P-4. Plaster and plaster of Paris manufacture.
P-5. Plastic materials and synthetic resins manufacture.
P-6. Potash manufacture.
P-7. Pyroxylin or celluloid manufacture.
R-1. Radioactive materials manufacture or extraction.
R-2. Railroad locomotive or car building.
R-3. Rubber (natural or synthetic) manufacture, including tires and tubes.
S-1. Sandblasting or cutting, except where the dust is controlled by effective devices.
S-2. Smelting or reduction of ores or processes utilizing cupolas, open hearths, electric melt or rotary furnaces.
S-3. Soap and detergents manufacture from basic raw materials.
S-4. Steel manufacture, including rolling and drawing mills.
S-5. Stockyards.
S-6. Stone processing or stone products manufacture, except monument works where the dust is controlled by effective devices.
V-1. Vitreous enameled products manufacture.
W-1. Wallboard or building insulation manufacture.
W-2. Wood or bone distillation.
W-3. Wood pulp or fiber reduction or processing.
(4) Other. Any other use which is similar in character as defined by State or Federal laws, to the prohibited uses specified in subsection (c)(3) hereof or which would be hazardous, offensive, objectionable by reason of odor, dust, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water-carried waste.
(d) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(1) Any principal use permitted under paragraphs (b)(2) and (b)(3) of this section, when located within 200 feet of an R District boundary line, provided that such use, in the opinion of the Board of Zoning Appeals, is not hazardous, offensive or objectionable due to odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water- carried waste.
(2) Bulk storage of corrosive acids and derivatives in quantities exceeding 500 gallons, provided that adequate dikes, acid neutralizers and other protective or safety devices are installed.
(Ord. A-2530. Passed 2-27-73.)
(3) Automotive services, major and minor repair, including PSC authorized and regulated wrecker/towing services, but excluding junk yards and long-term disabled vehicle storage. (Ord. 0-1487. Passed 9-23-14.)
(4) Any use specified in paragraphs (c)(3) and (c)(4) of this section, provided, however, that objectionable features can, in the opinion of the Board, be eliminated or controlled by mechanical or other devices which may be required pursuant to Section 1329.05 (b).
(Ord. 0-1552. Passed 10-25-16.)
(e) Accessory Permitted Uses. Any accessory use customarily incidental to a principal conditional use, including the following:
(1) Signs.
(2) Off-street parking and loading facilities.
(f) Accessory Conditional Uses. Any accessory use customarily incidental to a principal conditional use, when authorized by the Board of Zoning Appeals, provided that any such accessory conditional use shall meet the requirements and conditions specified in Section 1329.05(b).
(g) Requirements. The following requirements shall be observed, except as modified hereinbefore, in accordance with the provisions of Article 1361.
(1) Maximum height. None, except within 100 feet of an R District, then same as for the R District.
(2) Minimum lot area. None.
(3) Minimum yards .
A. Minimum front yard: none, except twenty feet when abutting and within 100 feet of an R District on either side.
B. Minimum side yards: none, except five feet along common line of an abutting R District.
C. Minimum rear yard: none, except five feet along common line of an abutting R District.
(5) Maximum floor area ratio. None.
(6) Businesses in enclosed building. Any business, service repair, processing, manufacturing, storage or display, whether principal or accessory, if not conducted wholly within an enclosed building shall be enclosed by a screen fence at least six feet in height, where such use abuts or faces, either directly or across a street, alley or other public open space, any R District.
(Ord. A-2530. Passed 2-27-73.)
1351.03 M-2 HEAVY MANUFACTURING DISTRICT USE REGULATIONS.
(a) Purpose and Scope. The purpose of the M-2 District is to accommodate those heavier manufacturing and other industrial uses which cannot eliminate or adequately reduce objectionable influences, but which, nevertheless, should be provided for somewhere in the City. (Ord. A-2530. Passed 2-27-73.)
(b) Principal Permitted Uses.
(1) Principal uses, permitted or as authorized conditional uses in the M-1 District. (Ord. 0-774. Passed 6-13-95.)
(2) Any other use not in conflict with any ordinance of the City regulating nuisances, except those specifically enumerated in subsections (c) and (d) hereof.
(c) Prohibited Uses. The following uses shall not be permitted in the M-2 District.
(1) Residential. As prohibited and regulated in the M-1 District.
(2) Institutional. As prohibited and regulated in the M-1 District.
(d) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b).
(1) The following manufacturing and other industrial uses.
A. Coke ovens.
B. Corrosive acid manufacture.
C. Cement, lime, gypsum or plaster of Paris manufacture.
D. Distillation of bones.
E. Fat rendering.
F. Fertilizer manufacture.
G. Garbage, offal or dead animal reduction or dumping.
H. Glue or size manufacture involving the recovery from fish or animal offal or fish smoking or curing.
I. Metal reclamation from scrap which contains nonmetal material.
(Ord. A-2530. Passed 2-27-73.)
J. Metal waste salvage and junk yards, including automobile salvage and reclamation of barrels and drums.
(Ord. A-2530. Passed 2-27-73; Ord. 0-1552. Passed 10-25-16.)
K. Petroleum refining.
L. Smelting or reduction of ores or processes utilizing cupolas, open hearths, electric melt or rotary furnaces.
M. Stockyards.
(e) Accessory Permitted Uses. Any accessory use customarily incidental to a principal permitted use, including the following: accessory permitted uses, as permitted in the M-1 District.
(f) Accessory Conditional Uses. Any accessory use customarily incidental to a principal conditional use, when authorized by the Board of Zoning Appeals provided that any such accessory conditional use shall meet the requirements and conditions specified in Section 1329.05(b).
(g) Requirements. The following requirements shall be observed, except as modified hereinbefore, in accordance with the provisions of Article 1361.
(1) Maximum height. None, except within 100 feet of an R District, then same as for the R District.
(2) Minimum lot area. None.
(3) Minimum yards.
A. Minimum front yard: none, except twenty feet when abutting and within 100 feet of an R District on either side.
B. Minimum side yards: none, except five feet along common line of an abutting R District.
C. Minimum rear yard: none, except five feet along common line of an abutting R District.
(5) Maximum floor area ratio. None.
(6) Businesses in enclosed building. Any business, service repair, processing, manufacturing, storage or display, whether principal or accessory, if not conducted wholly within an enclosed building, shall be enclosed by a screen fence at least six feet in height, where such use abuts or faces, either directly or across a street, alley or other public open space of any R District. (Ord. A-2530. Passed 2-27-73.)
1351.04 M-3 HEAVY MANUFACTURING DISTRICT USE REGULATIONS.
(a) Purpose and Scope. The purpose of the M-3 District is to accommodate those heavy manufacturing and other industrial uses which cannot eliminate or adequately reduce objectionable influences, but which, nevertheless, should be provided for somewhere in the City. It consists of land which is presently in the flood plain or better known as the F-1 District which is lower than 610 feet above sea level and also at the time this section was passed (February 27, 1973), was in an industrial zone.
(b) Principal Permitted Uses. The same requirements for the M-1 District will apply in the M-3 District except that the following shall be additional principal permitted uses:
(1) Boat building; boats over five tons.
(2) Cement block and cement molded products manufacture.
(3) Cement bulk storage and bulk distribution of cement.
(4) Metal reclamation from scrap which contains nonmetallic material.
(5) Metal waste salvage and junk yards, including automobile junk yards, salvage operations, and reclamation of barrels and drums.
(6) Mining, including commercial mines, quarries and extraction of sand, gravel and clay or earth fill.
(Ord. A-2530. Passed 2-27-73; Ord. 0-1552. Passed 10-25-16.)
1353.01 PURPOSE.
It is the purpose of the Flood Plain Overlay District to promote the general health, welfare and safety of people in the City by minimizing the risk of flood damage to property and to protect human life through the institution of development standards in the one hundred year flood plain. Specifically, the purpose of the Flood Plain Overlay District is to protect persons and property in the City from a one hundred year flood by retaining sufficient natural floodway area to convey flood flows and to assure the proper floodproofing of structures located and constructed in areas subject to flooding. It is also the purpose of the Flood Plain Overlay District to minimize risks to public health and safety by minimizing the risk of flood damage to the water supply, sanitary sewage disposal, natural drainage and other public and private utility systems by regulating design and construction of and development in areas subject to flooding. It is also the purpose of the Flood Plain Overlay District to reduce potential financial burdens caused by flood damage by providing accepted design and construction standards for development in areas subject to the one hundred year flood.
(Ord. 0-531. Passed 2-23-88.)
1353.02 DEFINITIONS.
(a) “Base flood” means the flood that has been selected as the basis for the flood plain management provisions in this article. For the purposes of this article, the one hundred year flood has been selected to serve as the base flood.
(b) “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
(c) “Base flood elevation” means the elevation of the base flood as determined by the Flood Insurance Study for the City of Parkersburg, performed by the Federal Emergency Management Agency, dated October 26, 1984 and revised April 17, 1989 and as measured from the National Geodetic Vertical Datum. From that determination, boundaries for the land area subject to the waters of the one hundred year flood have been established.
Within the approximated floodplain (F-3), the base flood elevation shall be established as the elevation of a representative point on the boundary of the approximated floodplain which is nearest to the construction site in question.
Within the floodway fringe (F-2), the base flood elevation shall be as established by the detailed study data and profiles contained in the Federal Emergency Management Agency Flood Insurance Study, Community No. 542014, as revised April 17, 1989.
(d) “Chief Executive Officer (CEO)” means the official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community.
(e) “Development” means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations or storage of equipment or materials, and the subdivision of land.
(f) “Exceptional hardship” means a situation caused by the unusual and unique characteristics of a specific parcel which can only be resolved by the issuance of a variance. This does not include economic or financial hardship. Likewise, inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one’s neighbors cannot qualify as exceptional hardship. The unusual and unique physical characteristics shall pertain to the land itself, not to the structure, inhabitants or property owners and shall not be shared by adjacent property owners.
(g) “Flood plain” means a relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
(h) “Floodproofing” means any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduces or eliminates flood damage to lands, structures and their contents, water and sanitary facilities and other utility systems.
(i) “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
(j) “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(k) “Highway ready” means:
(1) If the recreational vehicle is on its wheels or jacking system;
(2) Is attached to the site only by quick disconnect type utilites and security devices; and
(3) Has no permanently attached additions.
(l) “Historic structure” means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
A. By an approved state program as determined by the Secretary of the Interior; or
B. Directly by the Secretary of the Interior in states without approved programs.
(m) “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this article.
(n) “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes, “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.
For insurance purposes, “manufactured home” does not include park trailers, travel trailers and other similar vehicles.
(o) “Manufactured home park” or “subdivision” means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
(p) “New construction” means structures and subsequent improvements to such structures, for which the start of construction as herein defined, commenced on or after the effective date of this article. “New construction” does not apply to any work for which a building permit was issued before the effective date of this article.
(q) “One hundred year flood” means a flood that has one chance in 100 or a one percent (1%) chance of being equalled or exceeded in any given year. “One hundred year flood” does not imply that no greater flood is likely to occur, nor that such a flood will not happen more than once every 100 years.
(r) “Person” means any individual or group of individuals, a corporation, partnership, association or other entity, including state and local governments and agencies.
(s) “Principally above ground” means where at least fifty-one percent (51%) of the actual cash value of a structure, less land value is above ground.
(t) “Recreational vehicle” means a vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
(u) “Start of construction” means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
(v) “Structure” means anything constructed, set, placed, erected on or attached to the ground, including but not limited to buildings, gas or liquid storage tanks, sheds, manufactured homes and other similar items.
(w) “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
(x) “Substantial improvement” means:
(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
A. Before the improvement or repair is started, or
B. If the structure is being damaged, and is being restored, before the damage occurred.
(2) For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not however include either:
A. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or,
B. Any alteration of an “historic structure” provided that the alteration will not preclude the structure’s continued designation as an “historic structure”.
(Ord. 0-835. Passed 12-10-96.)
1353.03 ESTABLISHMENT OF THE FLOOD PLAIN OVERLAY DISTRICT.
The Flood Plain Overlay District includes all areas subject to inundation by the waters of the one hundred year flood. The source of the delineation for the base flood shall be the Flood Insurance Study for the City of Parkersburg as prepared by the Federal Emergency Management Agency, National Flood Insurance Program. For purposes of this article, the Flood Plain Overlay District shall be comprised of the following three subdistricts:
(a) Floodway (F-l): That portion of the Flood Plain Overlay District required to carry and discharge the waters of the one hundred year flood without increasing the water surface elevation at any point more than one foot above existing conditions, as demonstrated in the Flood Insurance Study of the City of Parkersburg.
(b) Floodway Fringe (F-2): Those portions of land within the Flood Plain Overlay District subject to inundation by the one hundred year flood, lying beyond the floodway in areas where detailed study data and profiles are available.
(c) Approximated Flood Plain (F-3): Those portions of land within the Flood Plain Overlay District subject to inundation by the one hundred year flood, where a detailed study has not been performed, but where a one hundred year flood plain boundary has been approximated.
(d) Base Flood Elevation: For these areas, elevation and floodway information from other Federal, State or other acceptable sources shall be used when available and approved by the City Engineer. When such other acceptable information is not available, the base flood elevation shall be established as the elevation of a representative point, as determined by the City Engineer on the boundary of the approximated flood plain which is nearest to the construction site in question. (Ord. 0-531. Passed 2-23-88.)
1353.04 DISTRICT BOUNDARIES.
The delineation of the Flood Plain Overlay District boundary may be revised, amended and modified through the amendment procedures outlined in Article 1333 in compliance with the National Flood Insurance Program, when there are changes through natural or other causes, or changes are indicated by future detailed hydrologic and hydraulic studies. All such changes shall be subject to the review and approval of the Federal Insurance Administrator.
(Ord. 0-531. Passed 2-23-88.)
1353.05 BOUNDARY DISPUTES.
Should a dispute arise concerning the Flood Plain Overlay District boundary, an initial determination shall be made by the Zoning Administrator. In making the boundary determination, the Zoning Administrator may request the assistance of various City departments. Any party aggrieved by the decision of the Zoning Administrator may appeal to the Board of Zoning Appeals. The burden of proof shall be on the appellant to sustain his contention.
(Ord. 0-531. Passed 2-23-88.)
1353.06 FLOODWAY (F-1).
In any Floodway (F-1) subdistrict, the development and use of land is regulated by the underlying zoning district, provided that no such use, activity or development shall be permitted which would result in an increase in the base flood elevation during the occurrence of the base flood discharge. When a developer proposes to offset the effects of development in the Floodway by construction of stream improvements, he shall submit an engineering study prepared by a registered professional engineer which fully evaluates the effects of such construction. The engineering study shall use the base flood as herein defined as the basis of analysis. All adjacent communities and the State Coordinating Office shall be notified by the developer by certified mail of all such intended activities prior to any alteration or relocation of a watercourse and shall submit copies of such notification to the Federal Insurance Administrator. In addition, the developer shall assure the City in a manner agreed upon by the City Attorney that the flood- carrying capacity within the altered or relocated portion of the watercourse in question will be maintained.
All uses, activities and other developments shall be undertaken in strict compliance with the floodproofing and related provisions contained herein and in all other applicable codes, ordinances and regulations. (Ord. 0-531. Passed 2-23-88.)
1353.07 FLOODWAY FRINGE (F-2) AND APPROXIMATED FLOOD PLAIN (F- 3).
(a) In the Floodway Fringe (F-2) and Approximated Flood Plain (F-3), the development and use of land is regulated by the underlying zoning district, provided that all such uses, activities and development shall be undertaken in strict compliance with the floodproofing and related provisions contained herein and all other applicable codes, ordinances and regulations. For any manufactured home park or subdivision within the Floodway Fringe or Approximated Flood Plain, the owner or operator shall file with the disaster preparedness authorities of Wood County and the City an evacuation plan which indicates alternate vehicular access and escape routes.
(b) In addition, whenever a developer intends to alter or relocate a watercourse within the Floodway Fringe (F-2) or Approximated Flood Plain (F-3), the developer shall notify in writing by certified mail all adjacent communities and the State Coordinating Office of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notification to the Federal Insurance Administrator. The developer shall also assure the City in a manner agreed upon by the City Attorney, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be maintained.
(Ord. 0-531. Passed 2-23-88.)
1353.08 DESIGN AND CONSTRUCTION STANDARDS.
In order to prevent excessive damage to buildings and structures, the following restrictions shall apply to all new construction and any substantial improvement to an existing structure within the Flood Plain Overlay District.
(a) Basements and Lowest Floors. All new construction and substantial improvements of residential structures shall have the lowest floor including basement elevated to the one hundred year flood elevation (base flood elevation). All new construction and substantial improvements of nonresidential structures shall have the lowest floor, including basement, elevated to the base flood elevation; or together with attendant utility and sanitary facilities, be designed so that below the base flood elevation, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(b) Fill. If fill is used to raise the finished surface of the lowest floor to the base flood elevation:
(1) Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally fifteen feet beyond the building line from all points. For nonresidential structures, fill shall be placed to provide access acceptable for intended use. At grade access, fill shall extend laterally fifteen feet beyond the building line to a minimum of twenty-five percent (25%) of the perimeter of a nonresidential structure.
(2) Fill shall consist of soil or rock materials only. Sanitary land fills shall not be permitted.
(3) Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or settling.
(4) Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Division of Code Administration.
(5) Fill shall be used only to the extent to which it does not adversely effect adjacent properties or cause drainage problems.
(c) Placement of Buildings, Structures and Manufactured Housing.
(1) All buildings and structures shall be constructed and placed on the lots so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum obstruction effect upon the flow and height of floodwater. (Ord. 0-531. Passed 2-23-88.)
(2) Manufactured homes, including those which have incurred “substantial damage” as the result of a flood, and any improvements thereto shall be elevated on a permanent foundation so that the lowest floor of each manufactured home will be at the base flood elevation.
(Ord. 0-835. Passed 12-10-96.)
(3) All manufactured homes shall be provided with adequate surface drainage and access for a mobile home hauler.
(d) Anchoring.
(1) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse and lateral movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings, and other restricted sections of the watercourse.
(2) All air ducts, large pipes and storage tanks located at or below the first floor level shall be firmly anchored to resist flotation.
(Ord. 0-531. Passed 2-23-88.)
(3) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specifically:
A. Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations and manufactured homes less than fifty feet long requiring one additional tie per side.
B. Frame ties shall be provided at each corner of the manufactured home with five additional ties per side at intermediate points, with manufactured homes less than fifty feet long requiring four additional ties per side.
(Ord. 0-575. Passed 8-29-89.)
C. All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(Ord. 0-531. Passed 2-23-88.)
D. Any additions to a manufactured home shall be anchored in the same manner. (Ord. 0-575. Passed 8-29-89.)
(e) Storage. No materials that are buoyant, explosive or in time of flooding could be injurious to human, animal or plant life shall be stored below the base flood elevation.
(f) Utility and Facility Requirements. For all new construction, proposed subdivisions, mobile manufactured home parks or subdivisions or other development, the following utility and facility requirements shall be required.
(1) All new or replacement water systems located within the Flood Plain Overlay District, whether public or private, shall be floodproofed to the base flood elevation.
(2) All new or replacement sanitary disposal systems located within the Flood Plain Overlay District, whether public or private, shall be floodproofed to the base flood elevation.
(3) All other new or replacement public and/or private utilities and facilities shall be floodproofed to the base flood elevation.
(4) All electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(g) Drainage. Adequate drainage shall be provided to reduce exposure to flood hazards.
(Ord. 0-531. Passed 2-23-88.)
1353.09 ADMINISTRATION.
No person, partnership, business or corporation shall undertake or cause to be undertaken, any development or the new construction, substantial improvement or relocation of any structure, including manufactured homes within the Flood Plain Overlay District, unless the necessary permits have been obtained from the Division of Code Administration. In addition, where land is to be subdivided, utilized for a manufactured home park or subdivision or otherwise developed, a plat shall be submitted and approved in accordance with the City Subdivision Regulations. The Division of Code Administration shall require copies of all necessary permits from those governmental agencies from which approval is required by Federal or State law.
(a) Elevation and Floodproofing Information.
(1) For structures to be elevated to the base flood elevation the following items shall be submitted:
A. A plan showing the size of the proposed structures and its relation to the lots where it is to be constructed.
B. A determination of elevations of the existing grounds, proposed finished ground and lowest floors certified by a registered professional engineer, surveyor or architect.
C. Plans showing the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. When required by the Division of Code Administration, these plans shall be prepared by a registered professional engineer or architect.
D. Plans showing the methods used to protect utilities, including sewer, water, telephone, electric, gas, etc. from flooding to the base flood elevation at the building site.
(2) For structures to be floodproofed to the base flood elevation (nonresidential) the following items shall be submitted.
A. Plans showing details of all floodproofing measures, prepared by a registered professional engineer or architect, and showing the size of the proposed structure and its relation to the lot where it is to be constructed.
B. A determination of elevations of existing ground, proposed finished ground, lowest floors and floodproofing limits; certified by a registered professional engineer, surveyor or architect.
C. A certificate prepared by the registered professional engineer or architect who prepared the plans in subsection (a)(1) hereof, that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
1. Below the base flood elevation, the structure is watertight with walls substantially impermeable to the passage of water.
2. The structure will withstand the hydrostatic, hydrodynamic, buoyant impact and other forces resulting from the flood depths, velocities, pressures and other factors associated with the base flood.
D. Accessory structures that are 400 square feet or less are exempt from the above regulations, if they meet the following requirements.
1. Accessory structures shall not be used for human habitation.
2. Accessory structures shall be designed to have low flood damage potential.
3. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.
4. Accessory structures shall be firmly anchored to prevent flotation which may result in damage to other structures.
5. Service facilities, such as electric and heating equipment, shall be elevated or floodproofed.
(3) For structures that have fully enclosed areas below the base flood elevation the following items shall be submitted.
Plan showing a design that automatically equalizes hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters certified by a registered professional engineer or architect or meets or exceeds the following minimum criteria.
A. Minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
B. A determination of elevations of the existing ground and lowest floor certified by a registered professional engineer, surveyor or architect. (Ord. 0-531. Passed 2-23-88.)
(b) Manufactured Home Permit Requirements and Application Procedure. No manufactured home shall be placed within the City until a permit has been applied for and issued. An application for a permit shall be made with the Zoning Administrator. Plans and specifications for manufactured homes intended to be placed on the site for over 180 days shall be submitted with the application showing the method of elevation in accordance with Section 1353.08(a). License and vehicle identification numbers for manufactured homes intended to be placed on the site for less than 180 days and ready for highway use, shall be submitted with the application.
(Ord. 0-835. Passed 12-10-96.)
1353.10 APPEALS.
Variances from the requirements of the Flood Plain Overlay District may be granted by the Board of Zoning Appeals provided they are in accordance with sound floodplain management as determined by the Federal Emergency Management Agency; therefore, variances shall be subject to review by the Federal Emergency Management Agency and provided that the following conditions are fulfilled by the applicant in addition to the requirements of Article 1329.
(a) A determination, within the Floodplain subdistricts, the granting of an appeal will not result in any increase in the base flood elevation in the floodway (F-1) of the one hundred year flood.
(b) A decision may be issued by the Board of Zoning Appeals for the construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation; variances can be granted for larger lots but the technical justification for granting a variance increases as the lot size increases (Ord. 0-575. Passed 8-29-89.); and
(c) A showing of good and sufficient cause; and
(d) A determination that failure to grant the appeal would result in exceptional hardship to the applicant.
(e) A determination that granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and/or ordinances.
(f) A variance shall only be issued upon a determination that it is the minimum necessary, considering the flood hazard to afford relief;
(g) The Board of Zoning Appeals shall notify the applicant in writing over the signature of the City Attorney that:
(1) The issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance; and
(2) Such construction below the base flood elevation will not increase risks to life and property;
Such notification shall be maintained with a record of all decisions as required in subsection (f) hereof.
(h) The Board of Zoning Appeals shall maintain a record of all decisions, including justification for their issuance and shall report such decisions in its annual report submitted to the Federal Insurance Administration.
(Ord. 0-531. Passed 2-23-88.)
1353.11 MUNICIPAL LIABILITY.
The granting of a permit or approval of a subdivision in an identified flood-prone area shall not constitute a representation, guarantee or warranty of any kind by the City or by any official or employee thereof of the practicability or safety of the proposed use, and shall not create a liability upon the City, its officials or employees. (Ord. 0-531. Passed 2-23-88.)
1353.12 FLOOD PLAIN MAP.
The City does hereby adopt as the official Flood Plain Map of the City, the official Flood Plain Map designated by the Federal Emergency Management Agency of the Federal government.
(Ord. 0-531. Passed 2-23-88.)
1353.99 PENALTY.
Any violation of this article shall be considered a zoning violation and shall be subject to the penalty provided in Section 1331.99.
(Ord. 0-531. Passed 2-23-88.)
1354.01 INTENT.
The intent of the Planned Neighborhood Development (PND) is to encourage better use of improved techniques for the development and arrangement of dwelling units than is available under conventional zoning regulations. It is further the intent of the PND regulations to allow for the integration of single-family and low-to-medium density multi-family housing by designing the projects to preserve the natural environment through efficient utilization of open space. Sidewalks shall, whenever feasible, connect to both on and off-site community and public facilities such as schools, recreational areas, and commercial sites. Planned Neighborhood Developments are subject to approval by the Municipal Planning Commission in accordance with the procedural and applicable design standards outlined in the Subdivision Regulations.
(Ord. 0-418. Passed 11-12-85.)
1354.02 DEFINITIONS.
As used in this article:
(a) "Atrium" means a central hall of a house.
(b) "Common open space" means land within or related to the development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.
(c) "Garden apartment" means a type of multi-family dwelling with three levels of dwelling units with the first level commonly situated partially below the ground level. Access to each apartment is provided either from a common hall or individual entrance.
(d) "Gross density" means the ratio of the total number of dwelling units to the total land contained within the boundaries of the project site.
(e) "Homeowners' Association" means a community association other than a condominium association, which is organized in a development in which individual owners share common interest in open space, and private facilities. A homeowners' association shall hold title to the common property and shall be responsible for managing and maintaining the common property.
(f) "Perimeter" means the boundaries or a border of a lot, tract or parcel of land adjacent to property outside the project site.
(g) "Plaza" means an open space that is improved and landscaped; usually surrounded by streets and buildings.
(h) "Zero lot line" means the location of a building on a lot in such a manner than one or more of the building’s sides rest directly on a lot line.
(Ord. 0-418. Passed 11-21-85.)
1354.03 PERMITTED AND CONDITIONAL USES.
(a) Permitted Uses.
(1) R-1 and R-2 Residential Districts. Planned Neighborhood Developments in R-1 and R-2 Single-Family Districts may contain, in addition to those uses permitted as of right in the district in which the development is proposed, the following:
A. An office to handle sales and maintenance of dwelling units within the Planned Neighborhood Development.
B. Private swimming and recreational facilities for the exclusive use of residents of the Planned Neighborhood Development.
(2) R-3 and R-4 Residential Districts. Planned Neighborhood Developments in R-3 and R-4 Residential Districts in addition to those uses permitted as of right in the district in which the development is proposed, the following:
A. Garden apartments.
B. A mixture of types of buildings and structures, such as detached, semi-detached, attached garden apartments, or any combination thereof.
C. An office to handle sales, rentals and maintenance of dwelling units within the Planned Neighborhood Development.
D. Swimming and recreational facilities for the exclusive use of the residents of the Planned Neighborhood Development.
(3) Business Districts. Planned Neighborhood Developments in the B-1, B-2, B-3 and B-4 Business Districts, in addition to those uses permitted by right in the district in which the development is proposed or by the Board of Zoning Appeals approval the following:
A. Garden apartments.
B. A mixture of types of buildings and structures, such as detached, semi-detached, attached, garden apartments or any combination thereof.
C. An office to handle sales, rentals and maintenance of dwelling units within the Planned Neighborhood Development.
D. Swimming and recreational facilities for the exclusive use of the residents of the Planned Neighborhood Development.
(b) Conditional Uses.
(1) In a Planned Neighborhood Development proposed for a residential district, those conditional uses approved by the Board of Zoning Appeals that are permissible for the district in which the development is proposed.
(2) In a Planned Neighborhood Development proposed for a business district, those conditional uses approved by the Board of Zoning Appeals and permissible for the district in which the development is proposed.
(Ord. 0- 418. Passed 11-12-85.)
1354.04 OWNERSHIP REQUIREMENTS.
An application for approval of a Planned Neighborhood Development (PND) may be filed by a person having an option on property to be included in the project. However, the PND applications shall be filed in the name or names of the recorded owner(s) of property included in the development. Prior to approval of the final plat the PND shall be held in single ownership.
(Ord. 418. Passed 11-12-85.)
1354.05 AVAILABILITY OF PUBLIC SERVICES.
(a) Relationship to Transportation Facilities. Planned Neighborhood Developments shall be designed with respect to arterial and collector streets so as to provide direct access to such developments without generating undue traffic along local streets in adjacent residential neighborhoods. The street layout shall conform to the Transportation Plan and other applicable portions of the Comprehensive Master Plan for the City.
(b) Relationship to Utilities. Planned Neighborhood Developments shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems that neither extension nor enlargement of such systems will be required that results in higher or earlier public cost than would a development generally permitted in the area.
As alternatives, the applicant may install private utilities, facilities or sewers, acceptable to the Sanitary Board and/or City Engineer, and dedicate the same to the City or make provisions acceptable to the City Attorney and Planning Commission for offsetting any added public costs or early commitment of public funds necessitated by such development.
(Ord. 0-418. Passed 11-12-85.)
1354.06 DEVELOPMENT STANDARDS.
(a) Lot Requirements.
(1) Lot area. No minimum lot area is required, however an area can be considered a Planned Neighborhood Development only if a variety or the arrangement of different types of dwelling units is provided.
(2) Front yard. Variations in building setbacks are encouraged. However, no building shall be erected closer than ten feet to the front property line of the building site.
(3) Side yard. Zero lot line (ZLL) and cluster developments are encouraged. There shall be a total minimum side yard of ten feet. One side yard may be reduced to zero feet if the other is a minimum of ten feet. In no case however, shall a combination of side yards be allowed which would create a separation of less than ten feet between nonattached structures. Building separation between nonattached structures shall be increased by one foot for each foot by which any adjoining building exceeds thirty feet in overall height. A corner lot shall have a side yard of not less than ten feet extending to the rear property line on the street side of the lot.
(4) Rear yard. No building shall be erected closer than ten feet to the rear property line of the building site.
(5) Maximum building site coverage. The maximum building coverage for lots 4,000 square feet and over shall be fifty percent (50%). Lots containing less than 4,000, but 3,500 or more square feet shall have a maximum building coverage of forty-five percent (45%). Permitted lots containing less than 3,500 square feet shall have a maximum building coverage of forty percent (40%).
(Ord. 0-418. Passed 11-12-85.)
(6) Density. The Planned Neighborhood Development shall comply with the following residential density requirements for the zoning district in which the development is proposed.
Zoning District | Maximum Dwelling Units/Gross Acre |
R-1 | 4 |
R-2 | 6 |
R-3 | 12 |
R-3A | 18 |
R-4 | 18 |
B-1 | 18 |
B-2 | 18 |
B-3 | 18 |
B-4 | 18 |
(Ord. 0-418. Passed 11-12-85; Ord. 0-1123. Passed 3-23-04.)
When a proposed Planned Neighborhood Development (PND) is split between two zoning districts, the density of the entire project shall be governed by calculating the percentage of the project site contained within each district. The subsequent location of the dwelling units is at the discretion of the applicant contingent upon Planning Commission approval.
Single-family developments which do not utilize zero lot line (ZLL) clusters or equally creative site design must conform to the yard area and setback requirements of the zoning district in which the project is proposed.
(7) Landscaping. The provision of landscaping, screening and decorative features is encouraged within the Planned Neighborhood Development. The location, type and treatment of the landscaping design shall be incorporated into the site plan required in Section 1354.07(a)(2)B. and be subject to the approval of the Planning Commission.
(b) Minimum Parcel Size. The gross area of a tract of land to be developed in a Planned Neighborhood Development within a residential district shall be not less than one acre.
When a Planned Neighborhood Development proposes a mixture of residential uses with commercial uses within a Business District the gross area of a tract of land shall not be less than two acres, for residential uses only, the tract of land shall be one acre.
(c) Density Increases. Density increases shall be allowed if the applicant furnishes improvements based on the following criteria. The increase in density shall not exceed fifty percent (50%) of the maximum density specified in that zoning district in which the project is proposed.
(1) Common open space. Common open space is not required but may be permitted. If common open space is provided, provisions satisfactory to the Planning Commission shall be made to assure that nonpublic areas and facilities for the common use of the occupants of the PND shall be maintained in a satisfactory manner without expense to the City. For each ten percent (10%) of the gross land area developed in a PND for common open space or recreational facilities an increase in density of ten percent (10%) shall be allowed. Public utility and similar easements, floodway and other similar channels, parking lots and streets shall not be considered an open space unless such land or right of way is usable as a trail or other purpose as approved by the Planning Commission. The common open space shall be disposed of as required in subsection (d) hereof
(2) Architectural and siting variation. The landscaping, siting and design features shall be considered cause for density increases not to exceed fifteen percent (15%), provided these factors contribute to the objectives of a Planned Neighborhood Development. Features for which density increases may be granted by the Planning Commission include, but are not limited to, the following:
A. Landscaping, maximum density increase of five percent (5%), that includes improvements to the common open space, pedestrian way treatment and plazas.
B. Siting, maximum increase of five percent (5%), that includes use and maintenance of existing physical features, variation in building setbacks, and building groupings, such as clustering.
C. Design features, a maximum increase of five percent (5%), that includes use of various architectural styles, providing varied housing types, and landscaping and screening of parking areas.
(d) Disposition of Common Open Space. If common open space is provided provisions satisfactory to the Planning Commission shall be made to assure that nonpublic areas and facilities for the common use of occupants of the PND shall be maintained in a satisfactory manner without expense to the City. Such provisions may be provided by the incorporation of provisions requiring mandatory participation in an automatic-membership home association for the purpose of continually holding title to the common open space and facilities and levying assessments against each lot, whether improved or not, for the purpose of paying the taxes and maintaining such common open space. Such assessments shall be a lien superior to all other liens except first mortgage liens and tax liens. Other methods for the disposition of common open space and facilities may be acceptable if they provide for the proper and continuous payment of taxes and maintenance without expense to the City. The instrument incorporating these provisions shall be approved by the City Attorney as to form and legal sufficiency before submission to the Planning Commission.
(e) Perimeter Yards. For a Planned Neighborhood Development located in a residential district, structures located on the perimeter of the development shall maintain the yard provisions of the zoning district in which the project is located. No driveway, off-street parking or intensive recreation area shall be permitted in such area.
(f) Parking. Off-street parking, loading and service areas shall be provided in accordance with Article 1363 subject to the following design standards:
(1) Parking areas shall be arranged so as to prevent through traffic to other parking areas.
(2) Parking areas shall not be permitted within fifteen feet of adjacent residential structures.
(3) No more than fifteen parking spaces shall be permitted in a continuous row without being interrupted by landscaping.
(4) All parking areas shall be paved in accordance with the construction plans approved by the City Engineer.
(5) All parking areas shall be graded and drained so as to dispose of all surface waters without erosion, flooding or creating inconvenience to adjacent properties in accordance with the construction plans approved by the City Engineer.
(6) A minimum of two off-street parking spaces, excluding the private garage/carport shall be required for each lot.
(g) Private Streets; Ownership. Standards of design and construction for streets, both public and private, within Planned Neighborhood Developments shall conform to the applicable requirements specified in the Subdivision Regulations. Right-of-way width and street roadway widths may be reduced as deemed appropriate by the Planning Commission, especially where it is found that the plan for the PND provides adequate offstreet parking facilities.
Private streets shall be considered owned and maintained by the automatic-membership home association or other type of maintenance entity that is approved by the City Attorney prior to approval of the final plat. All future repair and maintenance costs shall be borne by the automatic-membership home association or other maintenance entity that is approved by the City Attorney.
Separate utility easements shall be acquired independently for all public utilities located within the private street right of way. Utilities shall only be placed under the pavement when required at crossings or where no other location is feasible. Any subsequent repairs to a private street necessitated by utility maintenance or replacement activities shall be borne by the home association or maintenance entity.
(h) Utility Requirements. Underground utilities, including telephone and electrical systems, are required within the limits of all Planned Neighborhood Developments. Accessory structures to these systems which can be effectively screened may be exempted from this requirement if the Municipal Planning Commission finds that such exemption will not conflict with the character of the Planned Neighborhood Development.
(i) Maintenance and Drainage Easements. A perpetual four-foot wall maintenance easement shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area.
(j) Openings Prohibited on the Zero Lot Line Side. The wall located on the zero lot line shall have no windows, doors, air conditioning units or any other type of opening, provided however, that one opening on the atrium or court shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit and a solid wall of at least eight feet in height is provided on the zero lot line. The wall on the zero lot line shall be constructed of the same material as the exterior walls of the unit.
(k) Sidewalks Required. Sidewalks of such width as determined by the City Development Department and of such type of construction as specified by the City Engineer shall be constructed based on the following criteria:
(1) The construction of sidewalks shall be required at a minimum on one side of cul-de-sac and dead end streets; and
(2) The construction of sidewalks shall be required on both sides of through streets.
In addition, sidewalks shall, whenever feasible, connect to both on and off-site community and public facilities of schools, recreational areas and commercial sites and existing off-site sidewalks. (Ord. 0-418. Passed 11-12-85.)
1354.07 APPLICATION PROCEDURES; COORDINATION WITH SUBDIVISION REGULATIONS.
(a) Procedures. It is the intent of the Planned Neighborhood Development (PND) regulations that the application process and procedures be conducted simultaneously with the review procedures of the Subdivision Regulations.
The development plans submitted under the PND regulations shall be submitted in a form which will satisfy the requirements of the Subdivision Regulations for preliminary plat and final plats and construction plans.
(1) Preapplication conference. To obtain information, each applicant is encouraged to confer with the Planning Director and City departments, that would have an interest in the preparation of the Planned Neighborhood Development. It shall be the responsibility of the Planning Director to contact and invite the interested City departments to a joint meeting. The general outlines of the proposal, evidenced schematically by sketch plans are to be considered before submission of the PND application. After the preapplication conference, the Planning Director shall furnish the applicant with written comments regarding this conference, including appropriate recommendations to inform and assist the applicant prior to his preparing the components of the PND application. However, no statement made by the Planning Director or City departments shall be binding upon the Planning Commission.
(2) Preliminary plat. In addition to the information required to be submitted under Section 1307.04 of the Subdivision Regulations the applicant shall submit the following:
A. Written documents.
1. A legal description of the total project site including a statement of present and proposed ownership.
2. A statement that includes a description of the character of the proposed Planned Neighborhood Development and rationale for selecting the proposed design alternative.
3. A development schedule indicating the approximate date when construction of the PND can be expected to begin and be completed.
4. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PND such as land areas, dwelling units and commercial structures.
5. Quantitative data for the following: total number and type of dwelling units; parcel size; approximate gross and net residential densities; off-street parking; total amount of common open space (separate figures for improved and unimproved); and total amount of nonresidential construction with separate figure for commercial facilities.
B. Site plan and supporting maps.
1. The location and floor area size of all existing and proposed buildings, structures and other improvements including maximum heights, types of dwelling units, density per type, and nonresidential structures, including commercial facilities. The Municipal Planning Commission may also require architectural renderings of typical structures and improvements if deemed necessary to convey the intent of the PND.
2. The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open space, public parks, recreational areas or similar uses.
3. The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas and major points of ingress and egress to the development. Notations of proposed ownership, whether public or private, shall be included where appropriate.
4. The existing and proposed sidewalks, including their interrelationships with the vehicular circulation system, indicating proposed treatments of points of conflict.
5. A general landscape plan in schematic form indicating the treatment and use of materials used for private and common open spaces.
6. Enough information on adjacent land areas to indicate the relationship between the PND and existing and proposed adjacent areas, including land uses, zoning classifications, densities, streets and sidewalks, public facilities and unique natural features.
7. The proposed treatment of the perimeter of the PND including materials and techniques used such as screening, fences and walls.
Within a maximum of eighteen months following approval of the preliminary plat, the applicant shall file with the Planning Commission a final plat containing in a final detailed form the information required in subsection (a)(2)B. hereof and Section 1307.06 of the Subdivision Regulations. At its discretion and for good cause the Planning Commission may extend the period for submission of the final plat.
If the applicant fails to apply for approval of the final plat, preliminary plat approval shall be deemed to be revoked for that land area included within the project and shall be subject to the Zoning and Subdivision Regulations otherwise applicable.
(3) Final plat. The applicant shall submit the final plat of the Planned Neighborhood Development in accordance with the requirements of Section 1307.06 of the Subdivision Regulations. The final plat shall be deemed in substantial compliance with the preliminary plat provided modification by the applicant does not involve a change of one or more of the following:
A. Violate any provision of this article;
B. Vary the lot area by more than ten percent (10%);
C. Involve a reduction of more than ten percent (10%) of the area reserved for the common open space; and
D. Increase the floor area proposed for nonresidential development by more than ten percent (10%). If substantial compliance with the preliminary plat is not established, the new plat must repeat the public hearing process for review of the changes.
Following formal acceptance of the final plat by the Planning Commission and approval of the construction plans by the City Engineer, building permits may be issued and construction begin. (Ord. 0-418. Passed 11-12-85.)
1354.08 AMENDMENTS TO THE FINAL PLAT.
Minor changes in the location, siting and height of buildings and structures may be authorized by the Planning Director without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plat was approved. No change authorized by this section may cause any of the following:
(a) A change in use of any of the structures;
(b) An increase in overall coverage of the structures;
(c) An increase in the problems of traffic circulation or conflict with pedestrian walkways;
(d) A reduction in approved common open space;
(e) A reduction of off-street parking and loading space; or
(f) A reduction in required pavement widths.
All other changes in use, or rearrangement of lots, blocks and building tracts, or any changes in the provision of common open space and changes other than those listed above, must be made by the Planning Commission after report of the Planning Director. Such changes may be made only if they are shown to be required by changes in conditions that have occurred since the final plat was approved. Any changes which are approved in the final plat must be recorded as amendments in accordance with the procedures established in Section 1307.03 of the Subdivision Regulations.
(Ord. 0-418. Passed 11-12-85.)
1354.09 ENFORCEMENT.
If no development has occurred pursuant to the approved final plat:
(a) Within twelve months after the date of the adoption of the Planned Neighborhood Development, or
(b) Upon expiration of any extension of time for starting development granted by the Planning Commission,
the approved final plat shall become null and void with a new preliminary plat and public hearing request for any development on the project site.
After general construction commences, the Planning Director shall review at least once every six months all building permits issued and compare them to the overall development schedule submitted in Section 1354.07. If the Planning Director determines that the rate of construction of residential units or nonresidential structures differs substantially from the development schedule, he shall notify the developer and the Director of Code Administration in writing and upon continued violation may suspend the issuance of building permits of dwelling units or nonresidential structures until compliance is achieved.
(Ord. 0-418. Passed 11-12-85.)
1354.10 PROCESSING FEE.
At the time of submission of the preliminary plat, the applicant shall pay a processing fee, payable to the City of Parkersburg, an amount based on the following fee:
(a) Preliminary Plat Fee. Twenty dollars ($20.00) plus two dollars ($2.00) for each additional unit over five units. (Ord. 0-418. Passed 11-12-85.)
1355.01 INTENT.
It is the intent of the Manufactured Housing regulations to provide for an alternative form of housing by permitting the use of Type II manufactured housing, as defined herein, on single lots of record in specified districts where similar site-built units are permitted. Type II manufactured housing shall be subject to the requirements and procedures contained within this article to assure acceptable similarity in the exterior appearance between Type II manufactured housing and site-built dwellings that have been or might be constructed in these specified districts subject to the limitations contained herein. (Ord. 0-454. Passed 7-22-86.)
1355.02 DEFINITIONS.
(a) "Manufactured housing" means a manufactured building designed for long-term residential use that has the following characteristics; is:
(1) Mass-produced in a factory;
(2) Designed and constructed for transportation to a site for installation and use when connected to the required utilities; and
(3) Either an individual, independent building or is a module for combination with other units to form a building on the site.
(b) "Type I manufactured housing" includes all housing that is built to the specifications of the Southern Building Code Congress International (SBCC) and includes the nine product classifications of the National Association of Home Manufacturers. The National Association of Home Manufacturers defines the nine product classifications as:
(1) Precut and/or shell homes;
(2) Components;
(3) Panelized homes;
(4) Mechanical or utility cores;
(5) Modular or sectional homes;
(6) Log homes;
(7) Geodesic dome homes;
(8) Multifamily homes; and
(9) Commercial structures.
(c) "Type II manufactured housing" includes all housing built on a wheeled chassis to the specifications of the Manufactured Home Construction and Safety Standards as administered by the U.S. Department of Housing and Urban Development (HUD). Type II manufactured housing shall be construed to remain as a Type II unit whether or not wheels, axles, hitch or other accessories that aid in moving the unit are removed and regardless of the type of foundation provided. A travel trailer or other form of recreational vehicle shall not be considered as a Type II manufactured housing unit. (Ord. 0-454. Passed 7-22-86.)
1355.03 TYPE II MANUFACTURED HOUSING CLASSIFICATION SYSTEM.
For purposes of regulating the placement of Type II manufactured housing within the City, the following classification system shall be used:
(a) Class A: New manufactured housing certified as meeting the Manufactured Housing and Safety Standards of the Department of Housing and Urban Development and approved as meeting the "acceptable similarity" appearance standards contained within Section 1355.07.
(b) Class B: New manufactured housing certified as meeting the Manufactured Housing and Safety Standards of the Department of Housing and Urban Development but not approved as meeting the "acceptable similarity" appearance standards contained within Section 1355.07.
(c) Class C: Used manufacturing housing certified as meeting the Manufactured Housing and Safety Standards of the Department of Housing and Urban Development or acceptable prior code, found on inspection by the Division of Code Administration to be in excellent condition and safe and fit for residential occupancy.
(d) Class D: Used manufacturing housing, whether or not certified as meeting the Manufactured Housing and Safety Standards of the Department of Housing and Urban Development or acceptable prior code, found on inspection by the Division of Code Administration to be in fair or poor condition and not safe and/or fit for residential occupancy. (Ord. 0-454. Passed 7-22-86.)
1355.04 PERMITTED PLACEMENT.
Class A manufactured housing shall be considered as a permitted use of single lots of record in R-4 Residential Districts and B-l Business Districts, subject to the requirements and limitations that apply to such residential use in the respective district; including minimum lot area, yard, setback, off-street parking and maximum height restrictions. Class A manufactured housing shall be subject to Section 1355.07. Class A manufactured housing shall be classified as a permitted use within R-2, R-3, R-JA, and B-2 Zoning Districts.
(Ord. 0-774. Passed 6-13-95; Ord. 0-1739. Passed 3-26-24.)
1355.05 APPLICATION FOR CLASS A MANUFACTURED HOUSING DETERMINATIONS; MATERIALS TO BE SUPPLIED.
Applications for approval of Class A manufactured housing shall be submitted to the Zoning Administrator in such a form as may reasonably be required to make a determination of compliance with Section 1355.07. In addition to such information that is required for obtaining a zoning permit and is necessary for administering the provisions of the City Zoning Ordinance, such application shall include elevations or photographs of all sides of the manufactured house, exterior dimensions, roof slopes, exterior finish, type of foundation and any other information as required by the Zoning Administrator to make a Class A determination.
(Ord..0-454. Passed 7-22-86.)
1355.06 ACTION BY ZONING ADMINISTRATOR; TIME LIMITATIONS ON MAKING CLASS A DETERMINATION.
Within thirty days of receipt of the application and submission of all required supporting materials, the Zoning Administrator shall make the Class A determination as to conformity with Section 1355.07 and shall notify the applicant of approval or denial of the application. In case of disapproval, the reasons for disapproval shall be stated in writing.
(Ord. 0-454. Passed 7-22-86.)
1355.07 STANDARDS FOR DETERMINING ACCEPTABLE SIMILARITY IN EXTERIOR APPEARANCE.
(a) Intent. It is the intent of these regulations to encourage the provision of moderate- income housing in a general residential environment by permitting the use of Class A manufactured housing, as defined herein, in specified districts, subject to the requirements and procedures set forth herein to assure acceptable similarity in exterior appearance between Class A manufactured housing and site-built housing that has been built or might be constructed on adjacent lots in the same district.
(b) Minimum Dimensions Parallel to Principal Street Frontage. Class A manufactured homes shall be located on lots so that the portions nearest the principal street frontage are at least twenty-eight feet in total dimensions parallel to the street. Such dimensions shall be measured from outer extremities, including eaves.
(c) Minimum Width of Main Body. Minimum width of the main body of the Class A manufactured home as assembled on the site shall not be less than twenty-four feet, as measured across the narrowest portion, including eaves.
(d) Minimum Roof Pitch; Minimum Distance, Eaves to Ridge; Roofing Materials. The pitch of the main roof shall be not less than one foot of rise for each four feet of vertical run. Minimum distance from eaves to ridge shall be twelve feet. In general, any roofing material may be used that is acceptable for site-built housing, if applied in such a manner as to be similar in appearance.
(e) Exterior Finish; Light Reflection. Any materials that are generally acceptable for site-built housing may be used for exterior finish if applied in such a manner as to be similar in appearance. The reflection from such exterior siding shall not be greater than from siding coated with clean, white semi-gloss exterior enamel.
(f) Gutters and Downspouts Required. Manufactured homes shall be installed with gutters and downspouts in accordance with Article 1757 and with the applicable requirements of the Building Code.
(g) Permanent Perimeter Enclosure Required. Manufactured homes approved for placement within the City shall be set onto an excavated area with foundations, footings and crawl space or basement walls constructed in accordance with Article 1725. The space between the floor joists of the manufactured home and the excavated underfloor grade shall be enclosed with a permanent blocked foundation. The crawl space shall be constructed with provisions made for cross ventilation as required by the Southern Building Code.
(h) Permanent Utility Connections Required. Manufactured homes approved for placement within the City shall have utilities permanently installed in accordance with the Southern Building Code, Chapters 20 to 25, One and Two Family Dwelling Code and the NFPA 70, National Electrical Code for one and two family dwellings.
(i) Installation Requirements. Manufactured homes approved for placement within the City shall be anchored to the ground in accordance with the manufacturer's specifications and shall meet the requirements of the Southern Building Code, Chapters 3 and 4, One and Two Family Dwelling Code.
(Ord. 0-454. Passed 7-22-86.)
1355.08 REPLACEMENT OF NONCONFORMING MANUFACTURED HOUSING.
A manufactured or mobile home considered as a legal nonconforming use within any district may be replaced by a Class A manufactured home upon application to the Zoning Administrator. The placement of such replacement manufactured home on the lot shall conform to all setback and yard requirements of the district in which it is located.
In situations due to topography or to minimum lot area, a legal nonconforming manufactured or mobile home may be replaced by a Class B or Class C manufactured home upon application for a variance and approval by the Board of Zoning Appeals.
(Ord. 0-454. Passed 7-22-86.)
1355.09 CLASS D MANUFACTURED HOMES PROHIBITED.
Class D manufactured homes found on inspection by the Division of Code Administration to be in fair or poor condition and not safe and/or fit for residential occupancy shall be prohibited for placement within the City. (Ord. 0-454. Passed 7-22-86.)
1356.01 PURPOSE.
(a) The purpose of this article is to establish the procedure for application to establish Mobile Home Park Permits for the location and establishment of mobile home parks in the City. Such Mobile Home Park Permits shall be required for the construction, installation and operation of mobile home parks. Mobile home parks shall be located only within property zones as R-4, B-1 and M-1 districts.
(b) Single wide mobile homes shall be permitted to be located only in approved mobile home parks.
(Ord. 0-779. Passed 6-27-95.)
1356.02 DEFINITIONS.
(a) "Approval" means written approval permitting the site placement, construction, alteration and extension of a mobile home park as presented to and approved by Municipal Planning Commission and Council.
(b) "Common-use area" means any area reserved for use by any and all occupants of the mobile home park or development within which such common-use area is contained.
(c) "Health Officer" means the State Director of Health or the executive officer of the local Board of Health or his duly authorized representative.
(d) "Management building" means a building or structure used for supplying essential goods or services for the use of mobile home park occupants.
(e) "Mobile home” means a moveable or portable unit designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:
(1) Units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity; and
(2) The term excludes recreational vehicles as defined in this article.
(f) "Mobile home lots" means a parcel of land within a mobile home park designated for the placement of a single mobile home and for the exclusive use of its occupants and guests.
(g) "Mobile home park" means any site, area, tract or parcel of land upon which two or more mobile homes used or occupied for dwelling purposes are parked either free of charge or for monetary consideration and shall include any roadway, building structure, installation or enclosure used or intended for use as a part of the facilities of the mobile home park.
(h) "Mobile home stand” means that part of a mobile home lot which has been reserved for the placement of the mobile home, appurtenant structures or additions.
(i) "Occupant” means a person utilizing a mobile home or a mobile home park as a place of abode.
(j) “Operator" means a person who is in charge of the operation of a mobile home park, or who allows a lot, site, area, tract or parcel of land to be used for the parking or occupancy of two or more mobile homes.
(k) "Permit” means a written document issued by the Zoning Administrator as directed on approval of Council, giving a person permission to construct, install, alter, remodel, extend or operate a specific mobile home park.
(1) "Person" means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, institution, department, division, bureau, agency or any entity recognized by law.
(m) "Recreational vehicle" means a vehicular, portable structure built on a chassis and primarily designed to be used for temporary occupancy for travel, recreational or vacation use. No travel trailer or recreational vehicle shall be used for permanent occupancy.
(n) "Right of way" means a path or thoroughfare designated for passage of vehicular traffic.
(o) "Sewer connection” means the connection consisting of all pipes, fitting, and appurtenances from the waste drain outlet of a mobile home to the inlet pipe of the corresponding sewer riser pipe of the sewer system serving a mobile home park.
(p) “Sewer riser pipe" means the portion of the sewer system which extends vertically above the ground elevation and terminates at a designated point at each mobile home lot.
(q) “Sewer system" means a system of sewers and appurtenances for the collection, transportation and treatment of sewage, and operated as a community project by a governmental agency, community residents or as a commercial enterprise.
(r) "Site plan" means complete engineering plans and specifications for the park showing:
(1) The area and dimensions of the tract of land;
(2) The number, location and size of all proposed mobile home lots;
(3) General topography of the site, including elevations;
(4) The location and width of roadways and walkways and type of materials to be used;
(5) The location of service building and other proposed structures;
(6) The location of water and sewer lines and riser pipes;
(7) Plans and specifications of the water supply and refuse and sewage disposal facilities (as presented to the health authority);
(8) The location and details of lighting and electrical systems; and
(9) Plans and specifications for landscaping and buffer zone.
(s) "Skirting or enclosure" means a translucent or opaque durable, weatherproof material (metal, vinyl or wood) used to conceal the undercarriage from the bottom of the mobile home side to ground level.
(t) "State Director of Health" means the administrative head and chief executive officer of the State Department of Health or his duly authorized representative.
(u) "Water connection" means the connection consisting of all pipes, fittings, and appurtenances from the water connection inlet of a mobile home to the outlet pipe of the corresponding water riser pipe of the water distribution system serving a mobile home park.
(v) “Water riser pipe" means that portion of the water supply system serving a mobile home park and which extends vertically above the ground elevation and terminates at a designated point at each mobile home lot.
(w) "Water supply system" means a system of pipes, appurtenances and equipment for the collection, treatment, storage or distribution of the water from the source to the ultimate consumer. (Ord. 0-779. Passed 6-27-95.)
1356.03 CONSTRUCTION AND INSTALLATION PERMITS.
(a) After the effective date of this section, except for minor repairs, no person shall construct or install a mobile home park, or any part thereof, in the City, unless he/she possesses a permit issued by the City in the name of such person for such specific construction or installation. The terms construct and install shall be construed to mean and include the terms extend and alter.
(b) A permit for the construction, expansion or installation of a mobile home park shall not be issued until an application for a Mobile Home Park Permit has been approved by the Municipal Planning Commission and Council.
(c) Mobile home parks in operation, at the time these regulations become effective, and meeting all applicable prior regulations, shall be deemed eligible for a permit to operate provided that any construction, expansion or installation taking place after the effective date of this section shall be in compliance with all applicable provisions of this article.
(d) Mobile home parks put into operation after the date of this section shall comply in full with all applicable provisions of this article, except that individuals who have previously obtained a valid permit to establish a mobile home park under prior ordinances, shall not be required to apply for a Mobile Home Park Permit, as provided herein, unless construction pursuant to such permit has not commenced within 180 days from the date of such permit, and completed within two years.
(e) Applications will be submitted using format outlined in Appendix I to Ordinance 0-779.
(f) Determination by the Planning Commission in relation to such applications shall include review of the site plans and such other information or material as may be necessary.
(g) Before approval or disapproval of an application for a Mobile Home Park Permit a public hearing before the Municipal Planning Commission shall be held. Such public hearing shall be advertised as required.
(h) The following shall be required to report on the impact of the Mobile Home Park Permit:
(1) The Chief of Police shall report on traffic flow and congestion.
(2) The Fire Chief shall report on fire protection capabilities.
(3) The City Engineer shall report on the existing water distribution systems, storm sewers and streets.
(4) The Superintendent of the Sanitary Board shall report on sanitary sewers.
(5) The Superintendent of the Sanitation Division shall report on the sanitation pick-up availability.
(6) All private utilities shall report on the availability of their services and requirements.
(i) Each application shall be considered on its own merits and the significance of any adverse impact to the community. Items to be considered include, but are not limited to, compatibility with the existing community area, devaluation of property, increase in traffic, excessive noise, public utilities and the health and welfare of the community.
(j) The Municipal Planning Commission shall refuse to hear an application for a Mobile Home Park Permit if the information contained in the application is incomplete, inaccurate, false or misleading, or indicates that the applicable provisions of these regulations cannot be met. Such applications shall be returned to the applicant with the deficiencies noted.
(k) After such public hearing, applications for Mobile Home Park Permits shall be forwarded by the Planning Commission to Council for final approval. Such action will be taken no later than sixty days following receipt of the application.
(1) Approved applications will require reapplication if construction is not commenced within six months of issuance of the permit and completed within two years.
(m) Each reapplication shall be held to be a new application subject to all requirements contained herein.
(n) Any person whose application for Mobile Home Park Permit has been denied, or whose permit has been suspended or revoked, may petition and be granted a hearing on the matter within fifteen days after Council has received a written petition for such hearing.
(o) A permit may be suspended or revoked by the Zoning Administrator if it is found that the mobile home park is maintained or operated in violation of these regulations, or any law, rule or ordinance applicable thereto, or in violation of the conditions stated on the permit.
(p) A permit to operate shall not be reinstated until an inspection determines that the mobile home park is in compliance with all applicable provisions of these regulations or any orders, rules or instructions issued by Council.
(Ord. 0-779. Passed 6-27-95.)
1356.04 DESIGN, CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF MOBILE HOME PARKS AND MOBILE HOME PARK DEVELOPMENTS.
The design, construction, installation, maintenance, and operation of a mobile home park or a mobile park development shall comply with all applicable provisions of these regulations and the minimum standards and engineering practices which are approved and acceptable to Council. (Ord. 0-789. Passed 11-14-95.)
1356.05 INSPECTIONS.
(a) Each mobile home park shall be inspected at least once every six months, such inspection to be conducted by the Zoning Administrator and the Code Enforcement Director or their designated representatives. Additional inspections of the mobile home park shall be made as deemed necessary to determine satisfactory compliance with the provisions of these regulations and any orders, notices, instructions or specifications issued pursuant thereto.
(b) Any consecutive violation of the same item, or items, of these regulations may be considered as just cause for the immediate suspension of a permit to operate.
(c) A copy of the inspection report shall be filed with the mobile home park operator.
(d) The owner or operator of a mobile home park, or the person in charge thereof shall provide authorized representatives of the City with free access to such premises for the purpose of inspection, and shall furnish all information and records necessary to make the inspection complete. (Ord. 0-779. Passed 6-27-95.)
1356.06 LOCATION, SPACE AND LAYOUT.
(a) General Requirements.
(1) All mobile home parks shall be located so as not to be exposed to swamps or marshes or to objectionable smoke, noxious odors, objectionable noise, sudden flooding, erosion, or other adverse influences which may expose persons or property to health or safety hazards. If proposed site is in a floodplain district, all FEMA regulations must be adhered to.
(2) Ground and paved surfaces in all parts of mobile home parks shall be graded and equipped to drain all surface water in a safe and efficient manner.
(3) Landscaping by means of trees, shrubs and other ornamental plantings for site beautification, buffer zones between common-use areas and mobile home lots, and screening of park area from surrounding properties shall be provided.
(4) Exposed ground surfaces in mobile home parks shall be covered with stone, screenings, other solid material or protected with a vegetative growth that is capable of preventing soil erosion.
(5) No part of a mobile home park shall be used for nonresidential purposes except for such uses that are required for the direct servicing and well-being of the mobile home park occupants and for the maintenance and management of the mobile home park.
(6) Nothing contained in these regulations shall be construed as prohibiting the sale of a mobile home located on a mobile home stand and connected to pertinent facilities. Mobile home or mobile home lots shall under no circumstances be subleased.
(7) The area of a mobile home park shall be large enough to accommodate:
A. The designated number of mobile home lots;
B. All necessary streets and walkways;
C. Parking areas for motor vehicles;
D. Management buildings, where applicable, and other buildings or structures used for, or intended to be used for, the servicing, maintenance or management of a mobile home park;
E. Recreational areas, where applicable;
F. Water supply systems and sewage treatment systems, where applicable.
(b) Space Requirements.
(1) Mobile homes including their porches, canopies, and similar appurtenances, shall be separated from other mobile homes and from other buildings and structures by at least fifteen feet.
(2) There shall be a minimum ratio between mobile home unit floor space and the mobile home space or lot of one to four, but total area not less than 5,000 square feet.
(3) The boundary lines of each mobile home lot shall be clearly marked on the ground by permanent flush stakes, markers or other suitable means.
(4) No occupied mobile home shall be permitted in a mobile home park unless such mobile home is situated on a mobile home stand.
(5) All mobile homes shall be located at least fifteen feet from any mobile home park property boundary line abutting upon a public street or highway and at least ten feet from other park property lines.
(6) There shall be at least ten feet of space between a mobile home and any mobile home park street, common parking area or other common-use area.
(c) Mobile Home Stands.
(1) Mobile home stands shall be so constructed as to prevent heaving, shifting or uneven settling under the weight of the mobile home due to frost action, drainage, vibration, or forces acting on the superstructure of the mobile home. The stand shall be sufficient in area to accommodate the mobile home and any attached structure and shall be constructed of not less than six inches depth, and not less than twenty-four inches width of concrete strips.
(2) A mobile home shall not be occupied for dwelling purposes unless it is properly placed on an approved mobile home stand and is properly connected to water, sewage and other essential utilities.
(d) Street, Roads and Walkways.
(1) All mobile home parks shall be provided with safe and easily accessible vehicular access to an abutting public street or road. Alignment and gradient shall be properly adapted to topography Where topography exceeds an average of seven percent (7%) grade, curbs and/or gutters will be provided so as to control roadway water run-off.
(2) Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance or exits and allow free movement of traffic on adjacent streets and roads.
(3) The mobile home park streets and roadways shall be subject to all of the applicable requirements of the City. Minimum street width is twenty-six feet with four inch curbing on each side of such street. A paved sidewalk of four feet minimum shall be provided on both sides. The owner/operator is responsible for maintenance and upkeep of streets and roadways within the mobile home park.
(4) All mobile home parks shall be provided with a safe, accessible, durable, all-weather surfaced walkway from the individual mobile home to the mobile home park street or road and between locations where pedestrian traffic is concentrated. Sudden changes in alignment and gradient shall be avoided.
(5) Off-street parking area shall be provided in all mobile home parks for the use of the mobile home park occupants and their guests. Parking area for motor vehicles shall be provided at a minimum ratio of two parking slots per mobile home stand to be surfaced with material comparable to roadway surface. Additional parking facilities are encouraged. Parking may be in tandem. Vehicular parking shall take place only in those areas designated as such in the site plan approved by the Municipal Planning Commission.
(6) All mobile home parks shall be furnished with lighting units so spaced and equipped with luminaries as will provide and maintain sufficient levels of illumination for the safe movement of pedestrians and vehicles at night. (Ord. 0-779. Passed 6-27-95.)
1356.07 WATER SUPPLY.
(a) General Requirements.
(1) All mobile home parks shall be provided with an easily accessible, safe, potable supply of water approved by the State Department of Health. When applicable, the mobile home park must be supplied by the city water system.
(2) Underground stop and waste valves are prohibited for use on any water line.
(b) Individual Water-Riser Pipes and Connections.
(1) Each mobile home stand shall be served by a three-fourths inch diameter or larger water riser pipe extending vertically at least four inches above ground elevation.
(2) Water riser pipe outlets shall be securely capped when a mobile home does not occupy the mobile home stand.
(Ord. 0-779. Passed 6-27-95.)
1356.08 SEWAGE SYSTEM.
(a) Individual Sewer Connections.
(1) Each mobile home stand shall be provided with a sewer riser pipe having a minimum diameter of four inches and extending at least four inches above the ground.
(2) The sewer riser pipe shall be protected by a concrete collar 18 inches in diameter and 6 inches thick surrounding the pipe at ground level.
(3) The sewer riser pipe shall be located within the confines of the mobile home stand, and so located that the sewer connection to the mobile home sewer outlet will approximate a vertical position.
(4) The sewer riser pipe shall be centered in and located toward the rear of the mobile home stand in order to minimize the possibility of damage during installation and removal of the mobile home.
(5) The sewer connection at the riser pipe shall consist of one pipe line only without any branch fittings. All joints shall be watertight.
(6) All materials used for sewer piping and sewer connections shall be durable, semi-rigid, corrosive resistant and nonabsorbent.
(7) Approved water and odor tight fittings shall be provided for the connection between the mobile home park sewer riser pipe and the mobile home sewer outlet.
(8) The piping used for sewer connections shall be gas tight and no longer than necessary to make the connection between the mobile home sewer outlet and the mobile home park sewer riser pipe.
(9) The piping shall be adequately supported under the mobile home and shall be sloped 1/4 inch per foot or more toward the mobile home park sewer riser.
(10) Sewer riser pipes at unoccupied mobile home stands shall be tightly plugged or capped in such manner as to render them watertight.
(11) It shall be the duty of the mobile home park operator to keep all occupied mobile homes properly connected to the sewer riser pipes while such mobile homes are in the mobile home park, and to see that all unoccupied mobile home stand sewer riser pipes are plugged or capped in an approved manner.
(12) When public sanitary sewer is available, the mobile home park must be serviced by this service. (Ord. 0-779. Passed 6-27-95.)
1356.09 ELECTRICAL.
All mobile home park electrical distribution systems shall be installed and maintained in accordance with all applicable State and local electrical laws, regulations, ordinances and codes.
(Ord. 0-779. Passed 6-27-95.)
1356.10 SOLID WASTE.
Solid waste shall be collected at least one time per week. Where approved collection service is not available from municipal or private agencies, the mobile home park operator shall provide this service. (Ord. 0-779. Passed 6-27-95.)
1356.11 INSECT AND RODENT CONTROL.
Grounds, buildings and structures shall be maintained free of insect breeding areas, rodent harborage and infestation of insects or rodents of public health significance.
(Ord. 0-779. Passed 6-27-95.)
1356.12 FUEL SUPPLY AND STORAGE.
(a) The fuel distribution system, equipment, installations, and storage facilities shall be designed, constructed, installed, operated and maintained in accordance with all applicable State and local laws, regulations, ordinances and codes, the applicable provisions of these regulations and with the plans, specifications and instructions issued by the State, Department of Health.
(b) Natural Gas Systems.
(1) Gas lines shall not be installed under any mobile home, provided that this section shall not preclude the installation of an individual gas service line that serves a particular mobile home.
(2) All mobile home lot gas outlets shall be equipped with an approved cap or plug to prevent discharge of gas when the outlet is not in use.
(3) All gas outlet risers, regulators, motors, valves, or other exposed equipment shall be protected from mechanical damage by vehicles or other causes.
(Ord. 0-779. Passed 6-27-95.)
1356.13 FIRE PROTECTION.
Access to a mobile home for fire protection services shall be such as to permit fire apparatus to approach within 100 feet of each mobile home.
(Ord. 0-779. Passed 6-27-95.)
1356.14 SUPERVISION.
The person to whom a permit to operate a mobile home park is issued shall operate the mobile home park in compliance with all applicable provisions of these regulations, all other laws and regulations applicable thereto, and shall provide supervision to maintain the mobile home park and its facilities and equipment in good repair and in a clean and sanitary condition.
(Ord. 0-779. Passed 6-27-95.)
1356.15 MISCELLANEOUS REQUIREMENTS.
(a) The operator of the mobile home park shall notify the mobile home park occupants of all applicable provisions of these regulations and inform them of their duties and responsibilities under these regulations.
(b) The mobile home park operator shall provide qualified supervision of the placement of each mobile home on its mobile home stand, including securing its stability and installing all utility connections.
(c) Skirting, porches, awnings and other appurtenances or additions shall be properly constructed, installed and maintained. Skirting or enclosure of the mobile home undercarriage (underpinning) shall be provided to completely conceal such undercarriage and shall be provided within thirty days of placement in an approved park or development.
(d) The space beneath a mobile home shall be used for storage only if permitted by the mobile park operator. If permitted, the following conditions shall be satisfied:
(1) The storage area shall be provided with a base of impervious material.
(2) Stored items shall be so located as not to interfere with the inspection of the space beneath the mobile home, nor to create an unsanitary or unsightly condition.
(e) Accommodation by a structurally sound and safe means of entrance and egress shall be provided at one doorway of the mobile home unit. Handrails are encouraged.
(Ord. 0-779. Passed 6-27-95.)
1356.16 SEVERABILITY.
If any provisions of this article shall be held invalid, such invalidity shall not affect the remaining provisions which can be given effect without the invalid provisions, it being the intention that all of such provisions and sections hereof are severable.
(Ord. 0-779. Passed 6-27-95.)
1356.99 PENALTY.
(a) Whoever violates any provision of this article shall, be fined not more than one hundred dollars ($100.00).
(b) Each day's failure to comply with any applicable provision of this article shall constitute a separate offense.
(c) Should a person be charged with violations by two enforcing agencies concerning similar or identical regulations, the charge of the higher agency shall prevail and the charge of the other enforcing agency shall be dismissed.
(Ord. 0-779. Passed 6-27-95.)
1357.01 PURPOSE.
The intent of this article is to regulate the division and development of land so that the development is comparable in quality of design to property divided and developed by other methods. (Ord. 0-1344. Passed 5-12-09.)
1357.02 DEFINITIONS.
For the purpose of this article, certain words, terms and phrases shall be defined as follows:
(a) ACCESSIBLE - In reference to a parcel, means that the parcel meets one (1) or both of the following requirements:
(1) Has an area where a driveway provides vehicular access to an existing road or street and meets the applicable location standards of the state transportation department and of the city, or has an area where a driveway can provide vehicular access to an existing road or street and meet such applicable location standards.
(2) Is served by an existing easement that provides vehicular access to an existing road or street and that meets the applicable location standards of the state transportation department and of the city, or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet such applicable location standards
(b) CONCEPTUAL PLAN - A map or graphic representation of the proposed subdivision submitted for purposes of introduction and initial feedback.
(c) CONDOMINIUM, contractible - A condominium project from which any portion of the submitted land or building may be withdrawn.
(d) CONDOMINIUM, conversion - A condominium project containing condominium units, some or all of which were occupied prior to the passing of this article.
(e) CONDOMINIUM, expandable - A condominium project to which additional land may be added.
(f) CONDOMINIUM GENERAL COMMON ELEMENTS - Portions of the condominium development owned and maintained by the condominium association.
(g) CONDOMINIUM LIMITED COMMON ELEMENTS - Portions of the condominium development other than the condominium unit itself reserved for the exclusive use of less than all of the co-owners of the condominium development.
(h) CONDOMINIUM PRO-FORMA/DECLARATION DEED - The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project.
(i) CONDOMINIUM PROJECT - A plan or project consisting of not less than two (2) units and not more than ten (10) per structure.
(j) CONDOMINIUM PROJECT, conventional - A development in which ownership interest is divided and which the condominium unit consists primarily of the dwelling or other principal structure and most of the land in the development is part of the general common area. See Appendix I.
(k) CONDOMINIUM PROJECT, site - A development in which ownership interest is divided and in which the condominium unit consists of a building site, with or without structures, which along with associated limited common elements, constitutes the equivalent of a lot. See Appendix II
(l) CONDOMINIUM SUBDIVISION PLAN - Drawings and information prepared for approval by the Planning Director and/or Municipal Planning Commission.
(m) CONDOMINIUM UNIT - A condominium unit is that portion of a condominium development designed and intended for occupancy and use by the unit owner.
(n) EASEMENT - A grant by the owner of the use of a strip of land by the public, a corporation or person, for specific uses and purposes, to be designated as a "public" or "private" easement depending on the nature of the use.
(o) ENGINEER - The staff engineer or consulting engineer of the City of Parkersburg.
(p) IMPROVEMENTS - Grading, street surfacing, curb and gutter, sidewalks, crosswalks, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, landscaping, and other additions to the natural state of land which increases its value, utility or habitability.
(q) MASTER PLAN - The comprehensive land use plan for the municipality including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, zoning districts and all physical developments of the municipality, and includes any unit or part of such plan separately adopted, and any amendments to such plan or parts thereof duly adopted by the Parkersburg City Council.
(r) PROPRIETOR - A natural person, firm, association, partnership, corporation or combination of any of them, which may hold any ownership, interest in land, whether recorded or not.
(s) WAIVER - A variation or exception from standards contained in the City of Parkersburg Condominium Ordinance.
(Ord. 0-1344. Passed 5-12-09.)
1357.03 MINIMUM REQUIREMENTS AND STANDARDS.
(a) The requirements and standards of this Article are minimal and are not intended to discourage the use of higher standards by the subdivider(s) who wish to achieve more desirable results. The Planning Commission may specify additional requirements when the Planning Commission determines there are unique or unusual characteristics and the purposes of this article can be better served.
(b) A condominium subdivision shall apply to those condominiums in which it is proposed to partition the land into individual lots to be place on record in the office of the County Clerk of Wood County, West Virginia.
(Ord. 0-1344. Passed 5-12-09.)
1357.04 DESIGN AND CONSTRUCTION REQUIREMENTS.
(a) Roads and Rights-of-way.
(1) Condominium Development roads shall have a minimum forty (40) foot wide right-of-way with a minimum twenty-four (24) foot road pavement width. All roads shall be constructed according to the City of Parkersburg standards.
(2) Sidewalks shall be a minimum of five (5) feet wide and located at the curb and in front of all units. All other areas shall have a sidewalk on at least one side of the road. All sidewalks shall be connected and have clearly defined road crossings. If the sidewalk in front of a condominium connects with an existing sidewalk, the width of the sidewalk shall be the same as the existing sidewalk. However, at no time shall it be less than the minimum required width. All sidewalks shall be unobstructed by permanent structures to allow for pedestrian traffic.
(3) Sidewalks shall not be included in the individual lots. Road rights-of-way shall be located a minimum of one (1) foot in back of the sidewalk or a minimum of three (3) feet from the back of curb in areas where sidewalks are not required.
(Ord. 0-1344. Passed 5-12-09.)
1357.05 ZONING ORDINANCE STANDARDS.
(a) Lot Size. In conventional condominium development, the condominium unit is enclosed air space, such as condominium apartments. In a conventional condominium the entire site must meet the minimum lot size requirements for the zoning district in which the parcel is located. For site condominium developments, the condominium unit is a piece of land that is sold as a building site just as lots in a subdivision are sold. Each condominium unit in a site condominium and its associated limited common area are considered equivalent to a "lot" and must meet the minimum lot size requirements for the zoning district in which the parcel is located.
(b) Setbacks. In conventional condominium development the buildings must be setback from the site's boundaries and from other buildings as required for the zoning district in which the parcel is located. For site condominium developments the setbacks shall be from the outer edge of the "lot" consisting of a condominium unit and its associated limited common area, and shall be consistent with the setbacks for principal structures in the zoning district in which it is located.
(Ord. 0-1344. Passed 5-12-09.)
1357.06 LOT SPLITS.
Lots in a recorded condominium shall not be further partitioned or divided unless in conformity with the Zoning Ordinance of the City of Parkersburg and shall be approved by the Planning Commission or Planning Director. The approved plat with the official seal of the Municipal Planning Commission shall be recorded at the Wood County Clerk's office prior to any zoning or building permit being sought nor shall any construction commenced prior to the approval of the lot split.
(Ord. 0-1344. Passed 5-12-09.)
1357.07 CONDOMINIUM PLAN REVIEW.
(a) Initial Investigation. It is suggested that the proprietor meet informally with the city staff to investigate the procedures and standards of the municipality with reference to this Condominium Ordinance.
The proprietor should concern himself/herself with the following factors:
(1) The proprietor shall secure a copy of the Zoning Ordinance, Condominium Ordinance and other similar ordinances or controls relative to the subdivision and improvement of land so as to make himself/herself aware of the requirements of the City of Parkersburg.
(2) The Averaged Lot Size, Open Space Plan, or Cluster Housing Option provisions outlined in the Planning and Zoning Ordinance may be applicable to certain types of conventional and/or site condominium developments.
(3) The area of the proposed condominium development shall be properly zoned for the intended use.
(4) Standards for sewage disposal, water supply and drainage of the municipality shall be investigated by the proprietor.
(b) Review Procedures for Site Condominiums. Following any initial investigations, the applicant for a site condominium development shall follow the process outlined in this section.
(1) Step One - Conceptual Plan Review: The proprietor may, prior to preliminary site plan submittal, present a conceptual representation of the entire proposed site condominium development to the city for information and feedback. The Planning Commission is not required to vote on the conceptual plan. The Subdivision Committee of the Planning Commission may give the proprietor preliminary recommendations on the proposed site condominium. Recommendations at this stage are meant to provide direction and shall not infer approval at later stages.
The Planning Director will set up an informal meeting with the proprietor and his/her guests with the various departments throughout the City for their recommendations.
A. The following items shall be included on a conceptual site plan at a scale of not more than 1 inch to 200 feet.
1. Lot sizes and lot dimensions
2. Street layout
3. Zoning of the property within the enclosed plat
4. Proprietor's name and address
5. Property boundary
6. Adjacent property and land use
7. Location map
8. Proposed phases
9. Existing natural features (wooded areas, flood Plain, wetlands, open water, streams, etc.)
10. Existing easements
11. General proposed utility information
12. Topographic survey plan (show existing ground contour lines) for the site and 100' beyond the property line. Contour lines are to be shown every two (2) feet.
13. All existing driveways and streets within one-hundred (100) feet of the site.
14. Plan shall otherwise comply with City of Parkersburg Design Standards and Specification.
B. The proprietor shall submit fifteen (15) copies to the Planning Division. The Planning Commission shall consider the proposed site condominium at the first Planning Commission meeting that is held at least forty-five (45) days after submission to the Planning Division if the Planning Director finds that Section 1357.07(b)(1)A.1-14 has been followed.
(2) Step Two - Preliminary Approval: The purpose of this step is to provide the proprietor with preliminary city approval prior to the proprietor producing construction drawings and obtaining construction permits. All information required for final approval shall be provided at this step, with the exception of the construction drawings and construction permits.
A. Information required on the site condominium plan submitted for tentative approval, at a scale not more than 1 inch to 200 feet.
1. All information required for conceptual plan review as listed in Section 1357.07(b)(1)A. 1.-14. of this article.
2. Survey and legal description of the property.
3. Name of the proposed development.
4. Name, address, phone number and e-mail address of proprietor and surveyor or engineer that prepared the plat.
5. Location map of site condominium.
6. Utility layout including connections to existing systems, pipe sizes, fire hydrant locations, sufficient sanitary and storm sewer inverts to insure adequate depth, storm detention/retention areas, storm sewer outlets and any proposed utility easements. Drainage calculations are not required at this state.
7. Proposed drainage shall be indicated by drainage arrows; drainage arrows should be sufficient to show preliminary drainage directions of the entire development.
8. Names of abutting subdivisions or site condominiums.
9. Street names, right-of-way, right-of-way widths and typical road cross sections.
10. Provide complete language for the master deed including the condominium by-laws.
11. Indicate all 100-year flood plain areas.
12. Indicate any wetland areas that are regulated by the West Virginia Department of Environmental Protection.
13. Required zoning setbacks.
14. Date and north arrow.
15. All parcels of land proposed to be dedicated to pubic use and conditions of such dedication.
16. Topographic survey plan (show existing ground contour lines for the site and 100' beyond the property line. Contour lines are to be shown every 2 feet.
B. The proprietor shall submit fifteen (15) copies of the site condominium plan to the Planning Division at least forty-five (45) days prior to the next Planning Commission meeting. Upon receipt, the Planning Director shall submit copies to members of the Municipal Planning Commission and shall make one (1) copy available to each appropriate city department, which shall review the site condominium plan and provide written comments to the Planning Commission at least three (3) weeks prior to the next meeting.
C. Planning Commission Preliminary Review of Site Condominium Plan.
1. Before making a recommendation on the site condominium plan the Planning Commission shall hold a public hearing, notice of which shall contain the date and place of hearing, and shall be sent by First Class Mail to the proprietor and taxpayers of records of land immediately adjacent to the proposed site condominium, at least seven (7) days prior to the hearing date.
2. The site condominium plan and any required accompanying data shall be reviewed by the Planning Commission for the purpose of checking its compliance with the Comprehensive Master Plan and other applicable city ordinances and specifications of this article.
3. The Planning Commission shall submit a written recommendation on the site condominium plan to the City Council. The Planning Commission shall either:
a. Recommend preliminary approval of the site condominium plan; or,
b. Set forth reasons for not recommending preliminary approval and the requirements for preliminary approval.
(3) Step Three - Final approval of Site Condominium Plan: This is the final approval stage prior to the proprietor constructing any proposed infrastructure.
A. The proprietor shall file with the Planning Commission the following, in compliance with these requirements and any other requirements stipulated in this Ordinance.
1. Approvals from:
a. West Virginia Department of Transportation (if the proposed site condominium includes or abuts roads under WVDOT jurisdiction).
b. West Virginia Department of Environmental Protection (if the land proposed to be developed abuts wetland, flood plain, lake or stream).
2. A mylar copy, an electronic copy, and fifteen (15) blueprint copies of the site condominium plan submitted for final approval containing all of the information required for preliminary approval (the electronic copy shall be retained by the City).
3. An agreement with the city consisting of a pro-forma/declaration deed restriction upon the site condominium whereby the Code Enforcement Division will not be permitted to issue a building permit for any structure upon any lot within said site condominium until the improvements as specified herein have been completed, or satisfactory arrangements have been made with the City for the completion of said improvements. These master deed restrictions shall be made a part of all deeds or contracts for any unit within the site condominium.
4. The proposed pro-forma/declaration deed, including by-laws, shall be submitted. Such restrictions shall not be in contradiction to those of the Zoning Ordinance or any other ordinance of the City. These restrictions shall become a part of the final recorded site condominium and shall be recorded along with the site condominium in the Wood County Clerk's Office.
B. City Council Final Approval of Site Condominium Plan.
1. The City Council shall make a determination on the site condominium plan at its next regularly scheduled meeting, or within twenty (20) days of the date of submission from the Municipal Planning Commission. The City Council shall either:
a. Give final approval to the site condominium plan; or,
b. Set forth reasons for not approving the site condominium plan and the requirements for final approval.
C. Construction Approval.
1. The proprietor may not record the condominium pro-forma/declaration deed and begin taking reservations on the proposed units until the City Council has granted final approval of the condominium plans and one of the following has occurred:
a. The proprietor has installed all improvements (roads, fire hydrants, sidewalks, etc.). The proprietor hall submit as-built engineering drawings, as required by this ordinance, and said drawings shall have been checked and approve for compliance with requirements contained in this ordinance, and any other specifications or standards adopted by other agencies with authority to approve site condominium improvements. The city may also require on-site construction observation by the city or its representatives.
b. The proprietor shall provide a bond, cash, certified check or bank letter of credit in the amount of the cost of installation of all improvements as a performance guarantee. The performance guarantee shall accrue to the city, and shall be in an amount equal to the total estimated cost for completing construction of the specific public improvement, including contingencies, based on an estimate by the City Engineer. The term length for which the performance guarantee is in force shall be for a period to be specified by the Planning Commission. If the performance guarantee is in the form of a bond, it shall be with a surety company authorized to do business in the State of West Virginia and acceptable to the City Planning Commission. The performance guarantee shall not be released to the proprietor until the proprietor has submitted as-built engineering drawings of the constructed improvements, as required by this article and said drawings of the constructed improvements have been checked and approved for compliance by the City Engineer or any other agency with authority to approve site condominium improvements.
2. Prior to the final acceptance by the City Council for the improvements, a two (2) year maintenance bond in an amount estimated by the City Engineer shall be posted by the proprietor.
3. City Council Approval.
a. Upon receipt of verification of approval of the requirements above, the Council shall take action upon said condominium plan in accordance with the requirements of this ordinance. In case of disapproval, the reasons for such action, shall by written communication, be transmitted to the Planning Director who shall direct communications to the proprietor of the disapproval. The proprietor shall, within a reasonable time, resubmit to the Planning Director any changes or alterations stipulated in the Council's action of disapproval. If the Planning Director finds that all disapproved reasons are met, then the Planning Director shall forward the changes to the City Council.
b. Upon approval the proprietor shall file said Municipal Planning Commission sealed plan, pro-rma/declaration deed, bylaws and other required information with the Office of the Wood County Clerk.
(Ord. 0-1344. Passed 5-12-09.)
1357.08 CONSTRUCTION PLANS.
(a) No proprietor proposing to develop a condominium within the corporation limits of Parkersburg, are applicable shall record the condominium plan or enter into any contract for the sale of, or shall offer to sell said condominium or any part thereof until construction approval has been obtained and the proprietor has completed construction of all improvements or has posted a performance guarantee with the city for the cost of the improvements. The proprietor shall not proceed with any construction work on the proposed condominium until the proprietor has obtained from the City the final approval of the condominium plan, and the city has verified that all outside agency permits have been obtained; except grading, which may commence upon approval of the proprietor's grading plan. The City may further require a pre-construction meeting prior to allowing commencement of site work.
(b) It shall be the responsibility of the proprietor of every proposed condominium to have prepared by a Professional Engineer registered in the State of West Virginia, a complete set of construction plans, including profiles and cross-sections of each street with grads; profile of proposed sanitary and storm sewer with sized and grades; a plan of water lines with sizes and appurtenances, and specifications and other supporting data for the required streets, utilities and other facilities. Such construction plans shall be based on plans which had received preliminary approval. Construction plans are subject to approval by the responsible public agencies. Eight (8) sets shall be submitted to the City Planning Department for distribution to the proper City agencies for review and approval.
(c) Upon completion of the construction of all required streets, utilities and other facilities, as built drawings shall be prepared at the proprietor's expense by a Professional Engineer registered in the State of West Virginia and submitted to the City.
(Ord. 0-1344. Passed 5-12-09.)
1357.09 TOPSOIL.
Removal of topsoil from areas to be developed shall be prohibited except in those areas to be occupied by buildings, roads or parking areas. A plan for storage or stockpiling of topsoil shall be submitted by the proprietor with the Final Site Plan and shall be approved prior to receiving final approval.
(Ord. 0-1344. Passed 5-12-09.)
1357.10 COMPLETION OF IMPROVEMENTS.
(a) Prior to the undertaking of any improvements, the proprietor shall deposit with the Planning Director cash, which shall be deposited with the Finance Department, a certified check or irrevocable bank letter or credit, whichever the City selects, or a surety bond acceptable to the Municipal Planning Commission, to insure faithful completion of all improvements within the time specified. The amount of the deposit shall be set by the Municipal Planning Commission based on an estimate of the City Engineer. The Planning Director upon approval by the City Engineer shall authorize for the release of funds for the payment of work as it is completed and approved by the municipality.
(b) Prior to the acceptance by the City of the improvements, a two (2) year maintenance bond in an amount set by the City Engineer shall be posted by the proprietor. Improvements shall be provided by the proprietor in accordance with the requirements established by this ordinance and/or any other such standards and requirements which may, from time to time, be established by ordinance or published rules of the City.
(Ord. 0-1344. Passed 5-12-09.)
1357.11 COMPLIANCE STANDARDS.
The approvals required under the provisions of this ordinance shall be obtained prior to the installation of any condominium or project improvements within the City, in public streets, public alleys, public rights-of-way and pubic easements, and/or under the ultimate jurisdiction of the City. All condominium or project improvements within the City installed in public streets, public alleys, public rights-of-ways or pubic easements, and/or under the ultimate jurisdiction of the City, shall comply with all of the provisions and requirements of this or any other related ordinance.
(Ord. 0-1344. Passed 5-12-09.)
1357.12 INTERPRETATION.
The provisions of this article shall be held to be the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of the City. This article is not intended to repeal, abrogate, annul or in any manner interfere with existing regulations or laws of the City, nor conflict with any statutes of the State of West Virginia, except that this article shall prevail in cases where this ordinance imposes a greater restriction than is provided by existing statutes, laws or regulations.
(Ord. 0-1344. Passed 5-12-09.)
1357.13 VIOLATIONS AND PENALTIES.
Violation of this article shall be a misdemeanor which is punishable by a maximum fine of five hundred dollars ($500.00).
(Ord. 0-1344. Passed 5-12-09.)
1357.14 SEVERABILITY.
If any section, paragraph, clause, phrase or part of this Condominium Ordinance is for any reason held invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article; and the application of those provisions to any persons or circumstances shall not be affected thereby.
(Ord. 0-1344. Passed 5-12-09.)
1357.15 REPEAL.
All ordinances and amendments thereto enacted and/or adopted by the City Council inconsistent with the provisions of this article are hereby repealed, as of the effective date of this article. The repeal of the above ordinances and their amendments does not affect or impair any act done, offense committed, or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the adoption of this article.
(Ord. 0-1344. Passed 5-12-09.)
1357.16 VARIATIONS FROM STANDARDS.
(a) In cases where variances from the dimensional standards of the City of Parkersburg Zoning Ordinance are deemed necessary, said variances shall be granted by the Board of Zoning Appeals subject to the procedures and standards outlined in the City of Parkersburg Zoning Ordinance.
(b) Waivers from standards contained in the City of Parkersburg Condominium Ordinance may be granted by the Municipal Planning Commission. The Municipal Planning Commission shall consider input from the appropriate public authority(s) in making its recommendation.
(1) In making its findings the Planning Commission shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons proposed to reside or work in the subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. The Planning Commission shall include its findings and the specific reasons therefore in a report of recommendations to the City Council and shall also record its reasons and actions in the minutes.
(2) The Planning Commission shall only recommend waivers that it deems necessary or desirable for the public interest. No waiver shall be recommended unless the Planning Commission finds the following:
A. That there are such special circumstances or conditions affecting said property that the strict application of the provisions of this article would clearly be impractical or unreasonable. In such cases, the proprietor shall first state his/her reasons in writing as to the specific provision or requirements involved and submit them to the Planning Commission.
B. That the granting of the specific waiver will not be detrimental to the public welfare or injurious to other property in the immediate area.
C. That such waiver will not have the effect of nullifying the interest and purpose of this article and the Comprehensive Master Plan of the City of Parkersburg.
(c) Application for any waiver or variance shall be submitted in writing by the proprietor at the time the preliminary plan is filed, stating fully and clearly all facts relied upon by the proprietor and shall be supplemented with maps, plans, or other additional data which may aid in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
(Ord. 0-1344. Passed 5-12-09.)
1357.17 ENFORCEMENT.
The City Council hereby appoints the Planning Director the enforcing officer of this ordinance, and it shall be his or her duty to enforce the provisions hereof. The Planning Director may delegate these duties to another department or official, and may call upon any department or official of the City of Parkersburg to furnish him or her with such information and assistance as he or she may deem necessary for the observance or enforcement of this article. It shall be the duty of such department or official to furnish such information and assistance whenever required.
(Ord. 0-1344. Passed 5-12-09.)