Parkersburg City Zoning Code
ARTICLE 1358
Private Outdoor Designated Areas
1358.01 PURPOSE AND INTENT.
Pursuant to West Virginia Code §8-12-26, the City of Parkersburg hereby adopts this ordinance establishing Private Outdoor Designated Areas, as described in West Virginia Code §60-7-8g. (Ord. 0-1737. Passed 2-13-24.)
1358.02 DEFINITIONS.
(a) "Approved Container" means a single-use, non-glass container not greater than sixteen (16) fluid ounces, which has been approved by both the Mayor and the WVABCA.
(b) "Commissioner" means the West Virginia Alcohol Beverage Control Commissioner.
(c) "Designated Area" see: (e) Private Outdoor Designated Area.
(d) "Permitted Alcoholic Drinks" means liquor, wine, nonintoxicating beer, and nonintoxicating craft beer sold by a Class A Private Club & S4 license holder located within the Private Outdoor Designated Area. All permitted alcoholic drinks must be in an approved container (see: (a)) for consumption within the Designated Area.
(e) "Private Outdoor Designated Area" means public property that has become a legally demarcated area for the consumption of liquor, wine, nonintoxicating beer, and nonintoxicating craft beer, and Article 1358 - Private Outdoor Designated Areas having been established by ordinance and as set forth in Article 1358 of this Code, in conformance with West Virginia Code §8-12-26. Also referred to in this Article as a Designated Area.
(Ord. 0-1737. Passed 2-13-24.)
(f) "Qualified Permit Holder" means the holder of a Class A Private Club, Class S2 Private Fair & Festival, or any other WV ABCA approved license issued under §60-7-1 et seq., of the West Virginia State Code.
(Ord. 0-1759. Passed 5-13-25.)
(g) "WVABCA" means the State of West Virginia Alcohol Beverage Control Administration.
(Ord. 0-1737. Passed 2-13-24.)
1358.03 PRIVATE OUTDOOR DESIGNATED AREA.
A Private Outdoor Designated Area is public property that allows for the consumption of liquor, wine, nonintoxicating beer, and nonintoxicating craft beer, under conditions set forth by this Article and in conformance with West Virginia Code §8-12-26. Notwithstanding the provisions of Article 521.05 of this Code, a person may purchase from an approved Class S4 permit holder a permitted alcoholic drink within an approved container for consumption outdoors, on public property, within a Designated Area. A business operating within a Designated Area may choose whether to permit people to enter its business with an approved open container of a permitted alcoholic drink sold from an approved Class S4 permit holder within the Designated Area.
(Ord. 0-1737. Passed 2-13-24.)
1358.04 PARTICIPATION.
(a) Any qualified permit holder under West Virginia Code §60-7-1 et. seq. that operates in a Designated Area may apply to the office of the Mayor for approval to operate as a Class S4 permit holder. The Mayor and/or their designated staff will review the application for completeness and following requirements:
(1) The applicant is in an established Private Outdoor Designated Area, pursuant to this Article, with a front door in compliance with all building and fire codes for the safe ingress and egress of members, patrons, and guests to and from the Private Outdoor Designated Area.
(2) The applicant has a valid business license from both the City of Parkersburg and the State of West Virginia and is in good standing with both the City of Parkersburg and the State of West Virginia.
(3) The applicant has a valid license under West Virginia Code §60-7-1 et seq.
(b) Once approved by the City of Parkersburg, as indicated by a letter of approval to the applicant, the license holder may apply to the West Virginia Alcohol Beverage Control Administration for a special Class S4 permit to participate in a Private Outdoor Designated Area, as detailed in West Virginia Code §60-7-8g and further detailed in this Article, the West Virginia Code, and any applicable rules of the WVABCA. Upon approval by the WVABCA, the Class S4 permit holder shall notify the Mayor's Office and the City of Parkersburg Development Department. Any business that receives the approval from the City of Parkersburg and has a Class S4 permit from the WVABCA may participate in a Private Outdoor Designated Area.
(c) Participation in a Private Outdoor Designated Area does not provide a business with any authority to operate outdoor dining within the public right of way. Any business interested in participating in outdoor dining shall follow the requirements of Article 1367 of this Code. A business with an approved outdoor dining area that is within a Private Outdoor Designated Area may operate its outdoor dining area simultaneously with its participation in a Private Outdoor Designated Area. Article 1358 - Private Outdoor Designated Areas.
(d) Nonparticipating businesses, qualified license holders without an S4 permit, and Class B license holders may choose to not permit alcohol on their premises.
(Ord. 0-1737. Passed 2-13-24; Ord. 0-1759. Passed 5-13-25.)
1358.05 CONTAINERS, SIGNAGE, AND PROHIBITIONS.
(a) All beverages served from approved Class S4 permit holders for consumption in a Private Outdoor Designated Area shall be served in a non-glass container not greater than sixteen (16) fluid ounces, which has been approved by the Office of the Mayor and the WVABCA.
(b) Approved Containers are single use and must be recycled appropriately after the beverage has been consumed. No participating Class S4 permit holder may refill an approved container.
(c) Prior to the operation of a Private Outdoor Designated Area, the City will erect conspicuous signage. The signs will be located at every reasonable point where a pedestrian may exit the Private Outdoor Designated Area by way of a public right of way. The signs shall clearly state "NO ALCOHOL BEYOND THIS POINT" and provide clear notice that a person is leaving the Private Outdoor Designated Area.
(d) A person may not leave a Private Outdoor Designated Area while possessing an open container of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer that contains liquid.
(e) A person may not possess an open container of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer that contains liquid while being in, on, or operating a motor vehicle within a Private Outdoor Designated Area.
(Ord. 0-1737. Passed 2-13-24.)
1358.06 PUBLIC HEALTH, SAFETY, AND SANITATION.
(a) All Private Outdoor Designated Areas shall be operated in a manner consistent with all state and city laws. The City of Parkersburg Police Department will be responsible for compliance and can issue citations within the Designated Areas as necessary. The City of Parkersburg Police Department will provide a copy of any citation issued within a Designated Area to the WVABCA.
(b) In addition to any public restrooms in a Designated Area, participating Class S4 permit holders shall make available adequate restroom facilities, whether permanent or portable, to serve their patrons during all hours of operation of the Private Outdoor Designated Area.
(c) All businesses operating within a Designated Area must comply with all requirements of the Mid-Ohio Valley Health Department.
(d) All participating businesses within a Designated Area must have waste receptacles available during the operating hours of the Private Outdoor Designated Area, in a number sufficient to contain the waste generated within the area and which are emptied regularly by each participating business as needed to ensure availability. These waste receptacles are in addition to the City of Parkersburg public waste receptacles in the Designated Areas.
(e) Approved Containers are single use and must be recycled appropriately after the beverage has been consumed. No participating Class S4 permit holder may refill an approved container. (Ord. 0-1737. Passed 2-13-24.)
1358.07 REVOCATION OF APPROVAL; GENERAL POLICY AUTHORITY; SUSPENSION.
(a) The Mayor may revoke the letter of approval of any Class S4 permit holder, when doing so is in the interest of public safety, by sending a revocation letter to both the permit holder and the WVABCA. Article 1358 - Private Outdoor Designated Areas
(b) The Mayor is authorized to create policies and procedures as necessary for the efficient operation of the Private Outdoor Designated Areas, including but not limited to, signage language approval, container approval, identification of participating businesses and non-participating businesses, review of security plans proposed to the WVABCA, and the duties and responsibilities of all participating businesses with respect to clean up and other sanitation matters.
(c) The Mayor has the authority to suspend the operation of a Designated Area immediately when in the interest of public safety by providing notice to all S4 permit holders within the Designated Area, any business association participating in the marketing or advertising of the Designated Area, and the WVABCA.
(d) Private Outdoor Designated Areas within the City of Parkersburg will follow all WVABCA rules and regulations regarding the operation of Class S Fairs and Festivals within the footprint of an approved Private Outdoor Designated Area.
(Ord. 0-1737. Passed 2-13-24.)
1358.08 CREATION AND BOUNDARIES OF THE MARKET STREET DESIGNATED AREA.
(a) The City Council of the City of Parkersburg hereby establishes a Private Outdoor Designated Area, known as the "Market Street Designated Area", which has the boundaries as stated in subsection (b) of this section and which shall meet all the requirements of this Article and applicable West Virginia Codes.
(b) The Market Street PODA consists of the City of Parkersburg's Right of Way on Market Street situated between the intersection of Market Street & South 3rd Street and the intersection of Market Street and 9 ½ Street.
(c) Any business whose primary point of ingress/egress is adjacent to the portion of the City of Parkersburg Right of Way on Market Street described in subsection (b) can participate in the Market Street Designated Area. Under no circumstances is a business required to participate; the City of Parkersburg will make available signage, free of charge to the business, to be posted at the main point of ingress/egress that states either:
(1) The Business Allows Market Street Designated Area Approved Containers,
(2) The Business Does Not Allow Market Street Designated Area Approved Containers, or
(3) The Business is an approved Class A Private Club S4 permit holder and sells Market Street Designated Area Approved Container beverages.
(Ord. 0-1737. Passed 2-13-24.)
1358.09 DAYS AND HOURS OF OPERATION.
(a) The Market Street Designated Area may operate Monday through Friday from 4:00 p.m. to 11:00 p.m. and Saturday from 11:00 a.m. to 11:00 p.m.
(b) Permitted alcoholic drinks may not be sold in approved containers or consumed within the Market Street Designated Area outside of the times listed in subsection (a).
(c) The Mayor has the authority to decrease the hours of operation for the Market Street Designated Area when in the interest of public safety by providing notice to all S4 permit holders within the Designated Area, any business association participating in the marketing or advertising of the Designated Area (including, but not limited to, Downtown PKB), and the WVABCA.
(d) The Market Street Designated Area will follow all WVABCA rules and regulations regarding the operation of Class S Fairs and Festivals within the footprint of the Market Street Designated Area. (Ord. 0-1759. Passed 5-13-25.)
1358.10 PERSONNEL NEEDED.
(a) The estimated number of City of Parkersburg personnel needed to ensure public safety, sanitary conditions, and efficient operations in the Market Street Designated Area are:
Two (2) police officers
Two (2) public works/sanitation employees
At the time of adoption of this Article, the City of Parkersburg City Council anticipates that these City employees will be working their regular shifts and generally assigned in the area of the City. At any time, the Mayor has the authority to reassess personnel needs through consultation with the Director of Public Works, the Sanitation Supervisor, and the Chief of the City of Parkersburg Police Department. (Ord. 0-1737. Passed 2-13-24.)
1358.99 PENALTIES.
(a) An individual who violates any provision of this Article relating to Private Outdoor Designated Areas is guilty of a misdemeanor and, upon conviction, will be fined not less than five dollars ($5.00) and not more than one hundred dollars ($100.00).
(b) Any person who owns or operates a business within a Private Outdoor Designated Area or is employed by such a business who violates any provision of this section is guilty of a misdemeanor and, upon conviction, will be fined not less than five dollars ($5.00) and not more than one thousand dollars ($1,000). Any owner, operator, or employee who violates a provision of this article and is convicted of a third such offense, upon conviction, may be confined for up to thirty (30) days. These penalties for owners, operators, and employees of businesses operating within a Designated Area are in addition to any penalty from the WVABCA.
(c) These penalties are in addition to, and do not take the place of, any other applicable penalties either within this Code, the West Virginia Code, or rules and regulations promulgated by the WVABCA and any other governing body.
(Ord. 0-1737. Passed 2-13-24.)
1361.01 APPLICATION OF DISTRICT REGULATIONS.
The regulations set by this Zoning Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as otherwise provided.
(a) No building, structure or land shall hereafter be used or occupied, and no building or structure, or part thereof, shall hereinafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations specified in this Zoning Ordinance for the district in which it is located.
(b) No building or other structure shall hereafter be erected or altered: exceeding the height; on a lot having less area; on a lot having less area per dwelling unit; having narrower or smaller front yards, side yards or rear yards, than required or in any other manner contrary to the provisions of this Zoning Ordinance.
(c) Land used to meet the yard, off-street parking and loading, density or other requirements of this Zoning Ordinance for a building shall not be used to meet the yard, off-street parking and loading, density or other requirements of any other building.
(d) No yard or lot shall be so reduced in dimension or area, by conveyance of a portion thereof, as to make any open space of such lot less than the minimum requirements prescribed in this Zoning Ordinance, provided that such requirements shall not be construed to prevent the sale of an individual unit of a multiple dwelling.
(e) When required off-street parking facilities are provided on a lot other than the lot upon which the building or use requiring such facilities is located, the owner shall execute, on behalf of himself, his successors and assigns in the ownership of such lot, a written instrument in a form acceptable to the City Attorney, covenanting that, in consideration of the issuance of a building permit for the principal use, the lot on which the off-street parking facilities are located shall be used and maintained for off-street parking purposes accessory to such principal use so long as the lot and the parking facilities thereon are necessary to meet the off-street parking requirements of the principal use.
(f) No yard or lot existing at the time of passage of this section (February 27, 1973) shall be reduced in dimension or area below the minimum requirements set forth in this Zoning Ordinance. Yards on lots created after the effective date of this Zoning Ordinance (Ordinance A-2530, passed February 27, 1973) shall meet at least the minimum requirements established by this Zoning Ordinance.
(Ord. A-2530. Passed 2-27-73.)
1361.02 ACCESSORY USES.
(a) In any R District, an accessory building may be erected, detached from the principal building, or may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure, provided all yard requirements are complied with. Such accessory buildings shall meet the following requirements:
Requirements:
(1) Height - 16 feet to the peak if the roof is peaked or to the roof line on flat roofs.
(2) Side yard setbacks - if located in the rear yard (past existing dwelling structure), the setback requirement is 3 feet for each side yard. If located in the side yard, the District regulations will apply.
(3) Rear yard - when located in the rear yard, the setback is 5 feet from the rear property line. When located in the side yard, the District requirements would apply.
(4) Exclusive of handicap ramps and decorative ponds, accessory structure shall not be placed, erected, set, etc., in any front yard located in any R District.
(5) Any accessory structure in any district when not located in the rear yard shall be located 10 feet beyond the required front yard setback.
(Ord. 0-774. Passed 6-13-95.)
(b) Where the natural grade of a yard is more than eight feet above the average established grade of the street upon which the lot abuts, a private garage may be erected within such a yard, but in no case may one be erected within seven feet of any street line, nor in violation of any minimum lot line or building line otherwise established in this Zoning Ordinance or in the Standard Building Code.
(c) In any R District where a corner lot adjoins in the rear a lot fronting on the side street and located in an R District, no part of an accessory building on such corner lot within twenty-five feet of the common line shall be nearer a side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot. In no case shall any part of such accessory building be nearer the side street lot line than the least width of the side yard required for the principal building to which it is an accessory.
(Ord. A-2530. Passed 2-27-73.)
(d) (EDITOR’S NOTE: Former subsection (d) was deleted by Ordinance 0-1712, passed August 23, 2022.)
(e) No accessory building shall be constructed prior to the erection or construction of the principal or main building in any R or B District unless the lot is used specifically as yard for the principal building on the abutting lot, owned by the same property owner. Prior to the Issuance of any building permit/or such accessory building, said property owner must demonstrate to the Zoning Administrator the lot designated for the accessory building will not be sold or transferred separately from the abutting lot in which the principal building is located. The property owner may demonstrate this to the Zoning Administrator through either of the following methods:
(1) The establishment and recordation of a restrictive covenant stating that one Jot may not be sold or transferred separately from said abutting lot unless the accessory building is removed prior to any sale or transfer.
(2) The consolidation of the lot upon which the accessory building ls located with the abutting lot upon which the principal building is located. All consolidations must be reviewed by the Planning Division of the Development Department and must conform to the applicable regulations of Article 1307 and Article 1309 of the Codified Ordinances of the City of Parkersburg. (Ord. 0-1709. Passed 7-12-22.)
(f) In any B District, an accessory building may be erected detached from the principal building, or may be erected as an integral part of the principal building. Such accessory building shall meet the following requirements:
Requirements:
(1) Height - none.
(2) Side yard setback - 3 feet from each side.
(3) Rear yard - 5 feet.
(4) Front yard - 20 feet. (Ord. 0-846. Passed 4-22-97.)
1361.03 BULK AND AREA MODIFICATIONS AND EXCEPTIONS.
(a) Lot Area and Yards.
(1) Reduction of side and rear yards for lots of record.
A. On lots less than fifty feet wide, existing and of record at the time of the adoption of this section (February 27, 1973), the required side yard may be reduced one and one-half inches for each foot such lot is less than fifty feet in width; provided that in no case shall the width of the side yard be reduced to less than three feet.
B. On lots less than 120 feet deep, existing and of record at the time of the adoption of this section (February 27, 1973), the depth of a required rear yard may be reduced two inches for every foot such lot is less than 120 feet deep; provided that in no case shall the depth of the required rear yard be reduced to less than ten feet.
(2) Public sanitary facilities not available. In any R District where a public sanitary sewer is not accessible, the otherwise specified lot area and frontage requirements shall be: minimum lot area, 20,000 square feet; lot frontage at building line, 100 feet; if public water is available, 10,000 square feet.
(3) Average depth of front yards. In any R District, no front yard for a principal building of three stories or less shall be required to exceed:
A. The average depth of existing front yards on lots abutting on each side; or
B. The average depth of existing front yards on all lots on the same side of the street within the same block and within 200 feet when fifty-one percent or more of the lots are improved with residence buildings, whichever is greater;
provided that in no case shall a front yard for a principal building of three stories or less be less than ten feet.
(4) Double frontage lots. Where a lot extends through the block from street to street, the required front yards shall be provided along each street.
(5) Computation of rear yards. In computing the dimension of a required rear yard adjoining a public alley, one-half of such alley may be assumed to be a portion of the yard, except that in no case shall any building or structure be erected closer than five feet to any such alley.
(6) Side yard, corner lot. A side yard along the side street line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in an R District, shall have a width of not less than one- half the depth of the required minimum front yard.
(7) Side yard where lines are not parallel. Where a side wall of a building is not parallel with the side lot line, or where a side yard is irregular, the average side yard width may be considered the required minimum width; provided the side yard shall not be narrower than five feet nor less than one-half the required minimum width at any point, and the side yard width along any unbroken section of side wall shall not be less than that required for a side wall of equivalent length and story height.
(8) Required rear yard where lot is irregular shape. In the case of an irregular, triangular or gore-shaped lot, the required minimum depth of a rear yard may be deemed to be the average depth; provided that no rear yard so averaged shall be less than ten feet or one-half the required minimum depth at any point.
(9) 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. For the purpose of this article, the length of the building wall abutting a front or side yard shall be deemed the longest side of the rectangle of least area within which such building could be enclosed.
(b) Projections into Yards.
(1) Front, rear and side street yards. Into any required front, rear or side yard adjoining a side street lot line, the following projections may be permitted.
A. Cornices, sills, belt courses, eaves and other ornamental features to a distance of not more than four feet.
B. Fire escapes to a distance of not more than four feet six inches.
C. Uncovered stairways and necessary landings to a distance of not more than four feet six inches, provided such stair and landing shall not extend above the entrance floor of the building, except for a railing not to exceed three feet in height.
D. Bay windows and chimneys to a distance of not more than three feet, provided that such features do not occupy, in the aggregate, more than one-third the length of the building wall on which they are located.
E. Terraces and uncovered porches, when constructed more than six inches above the ground level at the nearest lot line, to a distance of not more than two feet six inches, provided such terraces and porches do not extend more than three feet above the floor level of the ground story.
F. Porte-cocheres or canopies to a distance of not more than two feet six inches.
G. Balconies, in R Districts, to a distance of not more than three feet into yards of less than twenty feet and to a distance of not more than six feet into yards of more than twenty feet; provided that such balconies do not occupy, in the aggregate, more than one- third the length of the building wall on which they are located.
(2) Interior side yards. Subject to the limitations for features projecting into front yards and side yards adjoining side street lot lines, such features may also project into required yards adjoining interior side lot lines, provided that the distance shall not exceed one-fifth of the required least width of such side yard and not more than three feet in any case.
(c) Height Modification. The height limitations stipulated elsewhere in this Zoning Ordinance shall not apply to:
(1) Places of public assembly in churches, schools and other permitted public and semipublic buildings in the R Districts provided that these shall be located only on the first floor of such buildings and further provided that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
(2) Barns, silos or other farm buildings and structures; architectural features such as spires, belfries, cupolas, domes, false mansards, monuments; water towers, fire and hose towers, transmission towers; windmills, chimneys, smoke stacks; flag poles, radio and television towers, masts and aerials; parapet walls extending not more than four feet above the limiting height of the building.
(3) Bulkheads, penthouses covering fixed mechanical equipment, water storage tanks, cooling towers and scenery lofts, provided no linear dimension exceeds fifty percent of the corresponding street lot line frontage. All such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent of the area of the lot, and unless modified by the Board of Zoning Appeals, shall be not less than fifty feet distant in all parts from every lot line not a street lot line.
(4) Within the R-1 and R-2 districts, the zoning height restriction may be waived by the Zoning Administrator, but in no case shall the height of the new dwelling exceed forty feet or three stories.
(Ord. 0-1035. Passed 8-27-02.)
(d) Other Modifications. Within the limits of a required yard in an R District no structure other than an accessory building shall exceed six feet in height except as otherwise specified.
(Ord. A-2530. Passed 2-27-73.)
1361.04 STREET FRONTAGE REQUIRED.
No lot shall contain any building used in whole, or in part, for residential purposes unless such lot abuts for at least thirty feet on a street and there shall not be more than one dwelling unit for each such frontage. (Ord. 0-170. Passed 7-13-82.)
1361.05 SWIMMING POOLS, SPAS AND HOT TUBS.
(a) A swimming pool, spa or hot tub shall be allowed as an accessory structure to a residential property provided that it complies with the following conditions and requirements:
(1) The swimming pool, spa or hot tub is intended and is to be used solely for the enjoyment of the occupants and guests of the property on which the swimming pool, spa or hot tub is located;
(2) The swimming pool, spa or hot tub shall not be located closer than ten feet to the rear and side property lines. No swimming pool, spa or hot tub shall be located closer than ten feet behind the required front yard setback;
(3) The swimming pool, spa, hot tub or the property on which it is located, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and door in such barriers shall be self-closing and self-latching. Where the self-latching device is less then 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. The fence or wall must be erected prior to the initial filling of the swimming pool, spa or hot tub with water; and
(4) Lights, diving boards, slides, or other accessories shall not project more than ten feet above the average grade of the swimming pool, spa or hot tub site.
(b) The provisions of this section, except subsection (a)(2) hereof shall apply to all swimming pools, spas or hot tubs existing as of the effective date of this section.
(Ord. O-1265. Passed 5-22-07.)
1361.06 ADULT ENTERTAINMENT.
(a) Definitions. For the purpose of this section, the words and phrases defined hereunder shall have the meaning therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
(1) "Nude dancing" or "dance nude" means any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who:
A. Is unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals; or
B. Touches, caresses or fondles the breast, buttocks, anus, genitals, or pubic region of a patron, or permits the touching, caressing or fondling of their own breast, buttocks, anus, genitals or pubic region by a patron, with the intent to sexually arouse or excite the patron.
(2) "Nude dancing premises or adult entertainment premises" means any premises to which the public, patrons, or members are invited or admitted and wherein an entertainer provides nude dancing or provides adult entertainment to a member of the public, a patron, or a member; or any premises which is primarily used for the sale, rent, exhibition or distribution of materials, including magazines, catalogs, pictures or other printed material; video tape, movies, CD-Roms or other electronic or computer media; or other physical representations which are intended to appeal to the prurient interest and/or any sexually oriented business, such business being distinguished or characterized by an emphasis on acts or materials depicting, portraying, describing or relating to sexual conduct or human genitals, pubic region, buttocks, anus, or any portion of the breasts below the top of the areola.
(3) "Employee" means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment premises.
(4) "Entertainer" means any person who on any occasion provides adult entertainment within an adult entertainment premises as defined in this section, whether or not a fee is charged or accepted for entertainment, or whether or not the entertainer is paid.
(5) "Entertainment" means any exhibition or dance of any type, pantomime, modeling or any other performance or the showing or broadcast of movies, video tapes, CD-Roms or other electronic or computer media, either privately or in groups, on premises as defined in subsection (a)(2) hereof.
(6) "Manager" means any person who manages, directs, administers, or is in charge of, the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
(7) "Operator" means any person operating, conducting or maintaining an adult entertainment business or premises.
(8) "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, or other entity or group of persons however organized.
(9) "Public place" means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.
(10) "Premises" means any place operated as a business whether licensed or unlicensed, customarily open to the public. For purposes of this article, the receipt of donations, admission fees, membership fees or dues, "cover" charges or any other activity engaged in with the object of gain or economic benefit (direct or indirect), shall constitute business activities.
(b) (Former subsection (b) was repealed by Ordinance 0-926, passed September 28, 1999.)
(c) Location.
(1) No adult entertainment premise shall be located within four hundred (400) feet of any other such use, or located within five hundred (500) feet of the boundaries of any residential zone, or five hundred (500) feet from existing residential areas defined for the purpose of this section as a block frontage developed with fifty percent (50%) or more residential uses; or located within one thousand (1,000) feet of any permanent structure used as a church or place of religious worship, or located within two thousand (2,000) feet of any public or parochial school, or anywhere within a B-3 (Central Business) District.
(2) All existing operational adult businesses which do not presently meet any or all of the locational requirements shall be deemed a non-conforming use.
(3) Such restriction as to distance requirements as between adult entertainment premises shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures were one (1) building or structure. Such restriction, as related to distance requirements, shall be enforced in any and all directions, including but not limited to, north, south, east, west and where vertical or horizontal distance measurements are required, such restriction shall likewise apply.
(4) The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest points of the respective properties as referred to herein.
(5) No portion of any wall of any building which separates an adult entertainment premise from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult entertainment in an adjoining or adjacent building.
(Ord. 0-882. Passed 6-23-98.)
1361.07 FENCES.
(a) Barbed Wire or Razor Wire Fences. No fence, barrier or obstruction consisting or made in whole or in part either of what is commonly called “barbed wire” or “razor wire” and which “barbed wire” or “razor wire” portion of such fence, barrier or obstruction comes or is within six and one-half feet of the ground, shall be erected, constructed or maintained along or within twenty-four inches of any lot line or along or within twenty-four inches of the line of or in or upon any of the streets, driveways, walkways or other public places within the City; and no fence, barrier or obstruction consisting or made in whole or in part either of what is commonly called “barbed wire” or “razor wire” shall be erected, constructed or maintained anywhere within the City without a permit therefor from the Director of Public Works. Further, all such permitted fences shall be properly and adequately marked and designated in such fashion and manner so as to alert and warn an ordinarily observant person.
(b) Electrically Charged Fences. No person shall construct, erect, maintain or use for any purpose within the City any lot line fence, or fence adjoining or along any street, driveway, walkway or other public property which fence is charged with electrical current; and no fence charged with electrical current shall be erected, constructed, used or maintained anywhere within the City without a permit therefor from the Director of Public Works. Further, all such permitted fences shall be properly and adequately marked and designated in such fashion and manner so as to alert and warn an ordinarily observant person. There is, however, excluded from such prohibition all underground electrical fences or what are commonly called “invisible fences”, which fences are used for containing or controlling domestic animals.
(Ord. 0-906. Passed 1-12-99.)
1361.08 GAMING ESTABLISHMENTS; VIDEO LOTTERY.
(a) A “gaming establishment” means an establishment at which any form of gambling or game of chance is permitted or played including “video lottery”.
The use of any building or structure which includes the existence and/or establishment of any form of gambling or game of chance, including the so-called “video lottery” as licensed and authorized by the State of West Virginia, with the exception of sale of West Virginia State Lottery tickets, or charitable or public service organizations, shall be subject to the following limitations.
(1) Such uses shall not be located within 1500 feet as measured from each property line of a residential district, school, church or other place of worship, library, museum, park or any other property in which any form of gambling, game of chance and/or video lottery is played.
(2) One parking space shall be required for each video lottery machine on premises, in addition to any other parking required in accordance with ordinances adopted by the City related to off-street parking.
(3) There has been compliance with all other applicable ordinances and regulations of the City and applicable regulations and statues of the State of West Virginia.
(b) It shall be unlawful to hereafter establish any business or entity in which any form of gambling, game of chance, and/or “video lottery” is upon the premises if the proposed location is within 1500 feet as measured from each property line of a residential district, school, church or other place of worship, library, museum, park or any location at which any such gambling, game of chance, and/or “video lottery” is in existence.
(c) The Board of Zoning Appeals may waive the space provisions as set forth above if the following findings are made:
(1) That the proposed use will not be contrary to the public interest or adversely affect the value, use or enjoyment of nearby property, and that the spirit and intent of this section will be observed.
(2) That the proposed use will not enlarge or encourage the development of a district or geographical area in which there is a proliferation of gambling and/or video lottery.
(3) That there are not substantial objections by property owners within the immediate area of the proposed location.
(4) That there will be compliance with the parking provisions of this section and any other off-street parking ordinance adopted by the City which is applicable.
(5) That there has been compliance with all other applicable ordinances and regulations of the City of Parkersburg and applicable statutes and regulations of the State of West Virginia.
(d) The provisions hereof shall not be deemed applicable to any gambling or game of chance establishment in existence as of February 20, 2004, or, as of such date for any location for which an entity has already filed an application with the West Virginia Lottery Commission for a video lottery license.
(Ord. 0-1115. Passed 2-10-04.)
1361.09 RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITIES.
(a) A "residential substance abuse treatment facility" means a live in/inpatient facility or center providing substance abuse therapy/treatment to individuals. It does not include group residential homes as defined in WV Code 27-17-2 or a residential care community as defined in WV Code 16-5N-2(k).
(b) A "substance" means both alcohol and controlled substances/drugs.
(c) No residential substance abuse treatment facility shall be located within any of the following areas:
(1) Within 250 feet, as so measured from each property line, of a residential district;
(2) Within 500 feet, as so measured, of a public or parochial school; or
(3) Within 1000 feet, as so measured, of any existing residential substance abuse treatment facility.
(Ord. 0-1705. Passed 6-14-22.)
1361.10 ELECTRIC UTILITY CONNECTION.
(a) All buildings must receive primary electrical service from an electrical utility company and/or a municipal electrical provider. Primary electrical service can be supplemented by wind and/or solar collector systems as allowed by current applicable building and electrical codes as adopted by the City of Parkersburg and the State of West Virginia.
(b) Diesel, natural gas, and/or propane fueled generators may only be issued, temporarily, as the primary source of electricity during any planned or unplanned loss of electricity from the electrical utility company and/or municipal electricity provider:
(1) Temporary use of a diesel, natural gas, and/or propane fueled generator must be limited to ten (10) days. Any extension of the use of a diesel, natural gas, and/or propane fueled generator will be at the discretion of the Chief Code Official of the City of Parkersburg.
(Ord. 0-1750. Passed 9-24-24.)
1363.01 PURPOSE AND SCOPE.
It is the purpose of the regulations in this article to reduce the congestion on streets due to excessive use, for the parking and loading of motor vehicles. When otherwise required, these regulations shall apply uniformly to all buildings and uses located within the City of Parkersburg.
(Ord. 0-1710. Passed 7-12-22.)
1363.02 OFF-STREET PARKING SPACE REQUIREMENTS.
(a) General.
(1) When required. In connection with every use, there shall be provided, at the time any building or structure is erected or enlarged, off-street parking spaces for automobiles, in accordance with the requirements specified in subsection (h) hereof. The provisions and maintenance of required off- street parking is the continuing obligation of the property owner and/or tenant and are subject to the design guidelines described in subsection (i) hereof. Required parking spaces shall be improved as required and made available for use before the final certificate of occupancy is issued by the Code Enforcement Division.
(2) Minimum size. Each off-street parking space shall contain an area of not less than 160 square feet, exclusive of access drives and aisles, and shall be of usable shape and condition.
(3) Access.
A. Residential use:
8' to 10' for a one-lane driveway
16' to 20' for a two lane driveway
B. Commercial and public use:
13' for a one lane driveway
26' for a two-lane driveway
C. Industrial use:
15' for one-lane driveway
30' for two-lane driveway.
(4) Type. Parking spaces for all types of uses may be provided either in garages or parking areas conforming with the provisions of this Zoning Ordinance.
(b) Location of Parking Facilities. Except as otherwise provided in the applicable district use regulations, required off-street parking facilities shall be located on the same lot as the principal building or on a lot within 300 feet thereof. The distance specified herein and the distances specified in the district use regulations shall be measured from the nearest point of the parking facility to the nearest point of the lot occupied by the building or use that such facility is required to serve.
(1) When feasible, off-street parking lots shall be located to the side and/or rear of the principle building, thereby preserving architectural unity of the street side of the building lot to pedestrians and motor vehicles. For an example see illustration in subsection (i) hereof.
(c) Units of Measurement. For the purposes of determining off-street parking requirements, the following units of measurement shall apply:
(1) Floor area. In the case of uses where floor area is the unit for determining the required number of off-street parking spaces, such unit shall mean the floor area used or intended to be used by tenants, or for service to the public as patrons, patients, visitors, residents or persons in attendance, including the area used principally for nonpublic purposes, such as storage and incidental repairs, for toilets or rest rooms and for utility rooms, but excluding outside walls, space used or intended to be used for mechanical equipment, stairways, elevator shafts, parking within the principal building, and any other fire-enclosed spaces.
(2) Hospital bassinets. In hospitals, bassinets shall not be counted as beds.
(3) Places of public assembly.
A. Benches: in stadiums, sports arenas, churches and other places of public assembly in which those in attendance occupy benches, pews, or other similar seating facilities, each twenty inches of such seating facilities shall be counted as one seat for the purpose of determining off-street parking requirements under this Zoning Ordinance.
B. Fixed seats and assembly area: in cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.
(4) Fractions. When units of measurement determining number of required parking spaces result in requirements of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.
(d) Change in Use: Additions and Enlargements. Whenever there is change in use, enlargement of building or the extension of land use results in an increase in the number of units used to measure required off-street parking spaces, and such alteration or change creates a need for an increase of more than ten percent in the number of required off-street parking spaces, additional off-street parking shall be provided on the basis of the increase in the number of such units of measurement and shall be subject to design guidelines described herein; provided, however, that in case a change or increase in use creates a need for an increase of less than five off-street parking spaces, no additional parking facilities shall be required.
(e) Mixed Occupancies and Uses Not Specified. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Where a use is not specifically mentioned, the requirements for a use which is so mentioned, and to which such use is similar, shall apply. Off-street parking facilities for one use shall not be considered as providing requirements for any other use, except as specified in subsection (g) hereof for joint use.
(f) Collective Provision. Where permitted by the applicable district use regulations, nothing in this section shall be construed to prevent provisions of collective off-street parking facilities for two or more buildings or uses, exclusive of facilities required for dwelling units. In cases of collective use, the required total of such off-street parking space supplied collectively shall be: not less than eighty-five percent of the sum of the requirements of the various uses computed separately; and not less than the largest amount required for any of the uses computed separately; provided further that the applicable district use regulations shall be complied with.
(g) Joint Use of Facilities. Off-street parking facilities required for churches shall be reduced by fifty percent where such churches: abut, either directly or across a street or alley, a nonresidence district; or are located within a nonresidence district; or abut a parking lot serving a business or industrial use in a nonresidence district.
(h) Off-Street Parking Requirements. For permitted residential, institutional, community facilities and office uses.
Use | Parking Spaces Required |
(1) Dwellings, single-family and multiple family | 2 for each family 2 for each dwelling unit |
(2) Charitable and other similar institutions, hospitals, sanitariums, schools of nursing and dormitories | 1 for each four beds plus 1 for every 5 employees for the largest shift |
(3) Art galleries, public buildings, libraries and museums | 1 for each 500 square feet of gross floor area |
(4) Convalescent and nursing homes | 1 for each 6 beds |
(5) Elementary, middle or junior high school | 2 spaces for each classroom and administration offices |
(6) Senior high school | 1 space for each 10 enrolled students, plus 1 space for each classroom and administration office |
(7) School-trade, business, secretarial, industrial or technical | 6 spaces for each classroom |
(8) Colleges or universities | 1 space for each 4 students, plus 1 space for each classroom and administrative office |
(9) Churches | 1 space for each 6 seats in the principal auditorium. 20 inches of bench or pew shall be considered 1 seat |
(10) Theaters, clubs, lodges, community centers, recreation building, meeting rooms, and other places of public assembly. | 1 space for each 4 seats; 20 inches of bench or pew shall be considered 1 seat |
(11) Funeral homes | 8 spaces per reposing room, plus 1 space per funeral vehicle, plus 1 space per employee |
(12) Retail stores | 1 for each 300 square feet of gross first floor area over 1,000 square feet, (minimum 2) but 500 square feet of gross floor area other floors Minimum of 4 spaces plus 1 space for each 200 square feet gross first floor area over 1,000 square feet and 1 space for each 400 square feet gross floor area of other floors |
(13) Office and professional | 1 space for each 300 square feet of gross floor area |
(14) Banks and lending institutions | 1 space for each 250 square feet of gross floor area |
(15) Bowling alleys | 5 spaces per alley |
(16) Restaurants, taverns, night clubs | 1 space for each 100 square feet of gross floor area |
(17) Machinery sales, service garages | 1 space for each 400 square feet of gross floor area |
(18) Industrial buildings, warehouse floor, wholesale houses, over 2,000 square feet of floor area | 1 space for every 3 employees of the largest shift; minimum of 4 spaces |
(19) Doctors and dentists | 5 spaces per examining room |
(20) Gasoline service stations with convenience store | 2 spaces per service bay plus 2 per every 300 square feet of gross floor area |
(21) Hotels, motels, boarding and rooming houses | 1 space per living or sleeping unit |
(22) Shopping center | 1 space for each 300 square feet of gross floor area |
(23) Shopping plaza | 1 space for each 200 square feet of gross floor area |
(24) Elderly high rise housing | 1 space for each 3 dwelling units |
(25) Automobile agencies | 1 space for every 400 feet of gross floor area in addition to the parking area for sales of vehicles |
(i) Design, Landscaping and Maintenance Requirements for New or Expanded Off-Street Parking Lots. Every parcel of land hereinafter used as a public or private parking area shall be developed and maintained in accordance with the following requirements and design guidelines.
(1) Surfacing. All off-street parking areas and access drives for residential and non- residential uses thereto shall be graded and surfaced with an asphaltic or cement binder.
2. Parking Lot Street Frontage, Perimeters, and Interior Landscaping.
A. Street Frontage.
1. Frontage landscaping must cover an area at least five feet wide along the entire side facing a thoroughfare.
(a) Landscaping shall not solely consist of grass, river rock and/or a combination of both Frontage landscaping must include species that are salt and drought - tolerant plantings that provide a buffer at least thirty-six inches tall.
2. Landscaping must be well maintained.
B. Perimeters
1. All non-thoroughfare-facing perimeters of a parking lot must landscape an area three feet wide along the entire edge.
(a) The minimum requirement may be reduced if measures are taken to increase storm water retention on and/or below ground.
2. Perimeter landscaping must include species which are drought and salt tolerant and provide a buffer at least thirty-six inches tall.
3. If the parking lot is directly bound by a building, perimeter landscaping, while sill encouraged, will not be required on that articular side.
C. Screening from Residential Districts. All off-street parking areas for non-residential uses shall be effectively screened by a screen (privacy) fence on each side which adjoins or faces and is within ten feet of any premises situated in any Residential District, unless such premises are developed with a non-residential use. Such fence shall be not less than five feet or more than six feet in height and shall be maintained in good condition. In addition to a privacy fence, additional landscaping materials may be required to conceal the privacy fence from the parking lot.
D. Interior Landscaping.
1. For parking lots with less than twenty spaces, no interior landscaping shall be required; however it is encouraged.
2. for parking lots with twenty-one to fifty spaces ten percent (10%) of the lot, excluding the perimeter landscaping area must be utilized as interior landscaping.
(a) Landscaping shall not solely consistent of grass, river rock or a combination of both.
3. For parking lots with more than fifty spaces, fifteen percent (15%) of the lot, excluding perimeter landscaping area, must be utilized as interior landscaping.
(a) Landscaping shall only include the aforementioned types.
4. All interior landscaping requirements shall be reduced by fifty percent (50%) if storm water retention methods are utilized provided they are in accordance with Section 1759.03 of the Codified Ordinances and deemed acceptable by the City Engineer.
(3) Lighting requirements.
A. Sufficient lighting must be provided in all parking lots. When developing a lighting plan, the following conditions must be adhered to:
1. Lighting must effectively cover the entire lot, as well as places of ingress and egress.
2. Lighting must be tailored to the location, surrounding uses, and the size of the lot.
(a) Lighting must be directed away from surrounding uses, including roadways, residences, and businesses.
(b) The use of floodlights is not permitted.
(c) Lighting shall not be attached to existing poles or structures of any kind.
(d) The luminaires used must be of reasonable size in relation to the size of the lot.
3. Energy efficient bulbs should be utilized.
4. Incorporate energy efficient and off-grid power sources if possible, e.g. solar panels on luminaries.
(1) Storm water retention methods may include the use of permeable pavers, underground retention tanks, bio swales, rain gardens, or retention ponds.
(5) Parking lots must be paved with asphaltic material or cement binder. The use of gravel or any other materials, other than pavement, as the surface of a lot is not permitted.
(6) All disability parking requirements must be followed, as outlined in Section 351.17(s) of the Codified Ordinances.
(7) Existing lots will be subjected to the aforementioned design guidelines at such time as any significant work is done to them.
A. Significant work is defined as repaving, or an increase or reduction in lot size. If any minor modifications or improvements are made to an existing lot, those changes must conform to the relevant aforementioned requirements.
B. Minor modifications are defined as the installation of any type of lot screening, the installation of new interior landscaping, or the installation of new lighting.
(8) Parking lots which provide more landscaping and storm water mitigation than what is required by this section may be eligible for a reduction of B&O taxes.
(9) The provisions of Section 1363.02(i) shall not apply to any property upon which public or private parking is to be permitted for a period of six months or less, provided that the owner or occupier of any such temporary parking obtains from the Zoning Administrator a temporary exemption from the provisions of this section.
(1) This temporary exemption may be extended for one additional six month period. Upon expiration of such temporary exemptions, all public or private parking areas shall thereafter be subject to the requirements of this section.
(10) Plan Submission Requirements. The following list is not exhaustive, but does indicate some minimum plan requirements to facilitate approval.
A. Plans, based on an engineered survey, should include the following information:
1. Sizes and locations of parking spaces, including locations and dimensions of any compact and handicapped spaces.
2. Location, dimension, and grade of driveway or ramp.
3. Indication of traffic flow and direction.
4. Building entrances.
5. Location of storm water management facilities, including storm/trench drains.
6. Spot elevations and elevations of storm water facilities and drains in the City Datum.
7. Location of lighting fixtures.
8. Location and dimension of curb cuts, pedestrian walkways, wheel bumpers and curb stops.
9. Location and dimension of landscaping buffers.
10. Location and dimension of interior landscaping, including area circulation (to satisfy interior landscaping requirement described herein.)
11. Plan schedule - numbers, sizes, types, and locations of plants used.
12. Proposed green parking techniques if applicable.
13. Traffic study, if requested.
(Ord. 0-1622. Passed 5-28-19.)
1363.03 OFF-STREET LOADING SPACE REQUIREMENTS; MOBILE HOMES; RECREATIONAL VEHICLES.
(a) When Required. In connection with every building or part thereof, except dwellings, hereafter erected on the same lot with such building in any district and having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, cleaning, or other uses similarly requiring receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained, at least one off-street loading space plus one additional such loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 20,000 square feet and shall be constructed so as not to impede the flow of traffic.
(b) Dimensions. Each off-street loading space shall be not less than ten feet in width, forty feet in length and fourteen feet in height.
(c) Mixed Occupancies and Uses Not Specified. In the case of mixed uses, the total requirements for off-street loading facilities shall be the sum of the various uses computed separately. Where a use is not specifically mentioned, the requirements for a use so mentioned, and to which such use is similar, shall apply. Off-street loading facilities for one use shall not be considered as providing requirements for any other use, except as specified in subsection (d) hereof for collective use.
(d) Collective Use. Nothing in this article shall be construed to prevent provisions of off-street loading facilities for two or more buildings or uses, provided that the total of such off- street loading spaces shall not be less than seventy-five percent of the sum of the requirements for the various uses computed separately.
(e) Location of Mobile Homes, House Trailer and Other Trailers Outside Camps; Parking of Recreation Vehicles.
(1) Except as provided in this article, no person shall park any mobile home, house trailer, other trailer or recreation vehicle on any street, alley or highway, or other public place within the City.
(2) Emergency stopping or parking of mobile homes, house trailers or other trailers is permitted on any street, alley or highway for not longer than twenty-four hours subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway.
(3) Subject to traffic and parking regulations and ordinances, recreation vehicles may be parked for not more than seventy-two hours within any one-week period on the streets, alleys and highways, or other public places, within the City, under the following conditions:
A. Loading and unloading which shall include preparation for travel and return from travel.
B. Visiting in the homes of residents of the City.
C. Indulging in commerce with persons, firms and corporations of the City.
D. Emergency repairs.
(4) No person shall occupy any mobile home, house trailer or recreation vehicle which is situated outside any approved mobile home park. The parking of only one unoccupied recreation vehicle of a particular use, and not more than two recreation vehicles of different uses is permitted upon the premises of any resident of the City provided no living quarters shall be maintained or any business practiced in the trailer while such trailer is so parked or stored. When such vehicles are parked or stored on the owner's premises, they shall be parked as far from the street line as the design of the premises will allow.
(5) Nothing contained in this subsection shall be construed to apply to mobile homes, house trailers or recreation vehicles parked on premises within the City for the purpose of use as a construction office during construction, remodeling or demolition of improvements on the premises, or parked on the business premises of the user thereof, or to trailers used for the transportation of goods, wares and merchandise in commerce, while being loaded or unloaded or while parked on the business premises of the owner thereof, or upon the business premises kept by persons, firms or corporations doing business with the owner thereof, or while being parked within legal loading and unloading zones within the City.
(6) All other types of trailers not defined in this section may be kept only in a garage or in the rear lot of any premises in the City.
(Ord. A-2530. Passed 2-27-73.)
1364.01 PURPOSE.
(a) To preserve and protect the public safety, comfort and welfare of users of streets and sidewalks within the City of Parkersburg by regulating signs.
(b) To insure the appropriateness of the sign to the building, site and surroundings and to be consistent with the City’s development objectives.
(c) To enhance community appearance, reduce visual clutter and blight, promote recreational value of public travel and the economic development of the City of Parkersburg.
(d) To establish standards which will permit businesses a reasonable opportunity to advertise, but which will avoid excessive clutter among sign displays or create distractions.
(e) To control temporary signs and prohibit undesirable impacts on property values and neighborhood character.
(Ord. 0-1192. Passed 6-14-05.)
1364.02 DEFINITIONS AND PROVISIONS.
(1) Auction: Sign describing the auction date for the proposed sale, provided such sign shall not exceed twenty (20) square feet in display service area, and is limited to one (1) sign per lot, not to exceed a display duration of thirty (30) days.
(2) Banner: A sign intended to be hung with a message or symbol applied to plastic or fabric of any kind depicting a special event and not exceeding sixty (60) square feet. All banner signs may be posted thirty (30) days prior to the event and shall be removed within three (3) days following such event.
(3) Billboard: A sign, including the supporting sign structure, which is visible from a street or highway and advertises goods or services not located on the premises and/or property upon which the sign is located.
(4) Canopy: A sign affixed to a canopy, awning, eaves, or extended roof of a building, which identifies the business conducted in said building, provides a minimum clearance of eight (8) feet from the lowest point of the sign to the ground beneath it and shall not cover more than thirty-three percent (33%) of the full canopy.
(5) Community Event: A sign generally attached by poles to the ground advertising events conducted or sponsored by non-profit organizations provided signs for single event are not placed for a period exceeding thirty (30) days and shall not exceed 60 square feet in size.
(6) Construction: A sign pertaining to the construction, alteration, rehabilitation, remodeling of real estate or infrastructure either in progress or intended and may display the model, architect, contractor, subcontractors, financial supporters and similar individuals or firms for said project.
(7) Directional: A sign giving guidance of pedestrian or vehicular traffic within the premises on which it is located provided that each sign shall not exceed five (5) square feet.
(8) Directory: An outdoor sign erected on the building which lists the name of all businesses or activities conducted within the building.
(9) Display Service Area: The net geometric area enclosed by the display surface (sign face) of the sign and/or including the outer extremities of all letters and embellishments; this shall not include structural supports.
(10) Erect: To assemble, build, construct, attach, install, place, raise, suspend, affix, paint or in any way bring into being or establishing.
(11) Flag: Any local, state, national or similar type of flag, not displayed for sale.
(12) Flashing/Rotating sign: A sign with illumination that varies in intensity at periodic intervals.
(13) Freestanding: A single or multi-faced sign affixed to a supporting structure or embedded in and extending from the ground and detached from the building provided the bottom of the edge of the sign facing must be at least nine (9) feet above grade.
(14) Ground: A sign whose horizontal length is greater than its vertical height and which has a supporting base designed as an integral part of the sign resting primarily on the ground provided:
A. Shall not exceed twenty five (25) square feet in area
B. Shall not exceed eight (8) feet in height, measured from grade at the base of the sign.
C. Shall be placed a minimum of ten (10) feet from public right of way.
D. No more than one (1) freestanding ground sign for each business.
(15) Hazard: Signs warning of construction, excavation or similar hazards so long as the hazard requires.
(16) Identification: A sign identifying a large development such as a shopping center and may include a list of tenants.
(17) Incidental: Any sign which lends advertising to business or public function, operation or activity which is subject to periodic changes.
(18) Inflatable: A display filled by air or other gas and either designed to be airborne or attached to the ground, a roof, or any other structure or ornament that advertises a special event or business.
(19) Instructional: A sign which gives instructions such as “no dumping”, “no trespassing”, “no smoking”, “no parking”, “open”, “closed” or other similar message provided the sign does not exceed three (3) square feet in display service area.
(20) Memorial or Plaque: A sign erected in remembrances or events that are non- commercial in nature or designation of the National Register of Historic Places.
(21) Menu/Sandwich: An advertising device which is ordinarily in the shape of an “A” or some variation thereof, which is easily moveable provided:
A. Shall not be illuminated.
B. Shall not exceed three (3) feet in height as measured from the sidewalk.
C. Shall not exceed three (3) feet in width per side.
D. Can only be displayed from the hours of 7:00 a.m. - 7:00 p.m.
E. Shall not impede the flow of pedestrian traffic or block the view of vehicular traffic.
(22) Mural: Any type of display or artistic endeavor directly painted on to any exterior surface of a building or structure which does not include any words of advertisement or any other direct or indirect promotional message or content.
(23) Nameplate/address: Non-illuminated sign indicating the occupant’s name, address of the premise or identification of any legal business, service or operation which exists on the premise, provided that the sign shall not exceed three (3) square feet.
(24) Off-premise directional for places of worship and schools: A sign at the intersection where a minor street intersects with a major thoroughfare indicating the direction with access located on the minor street provided that:
A. Only one (1) sign per intersection/directional change.
B. Maximum of four (4) square feet.
C. Should more than one establishment wish to locate a directional sign at any one intersection, all such signs shall be consolidated into one (1) sign structure which shall not exceed twenty (20) square feet in area nor six (6) feet in height.
D. Establishment shall not utilize the sign when it abuts the street on which sign is to be located.
(25) Pennants: Long, narrow or triangular shaped flag generally displayed on fixtures or attached to existing poles along a sidewalk, for the purpose of drawing the attention to the public of an event or specific location.
(26) Political: Sign promoting the campaign of an individual for public office or of any political issue that has to be voted upon by the voting public.
(27) Portable: A single or double surfaced sign which is easily moveable, usually mounted on wheels and not permanently erected, provided:
A. Sign shall be no greater than thirty two (32) square feet
B. Shall not be permanently attached to a building, structure or the ground by any means.
C. Shall not flash or have any moving motion.
D. Shall be placed no less than twenty (20) feet from the right of way.
E. Shall not obstruct the view of traffic or impede pedestrian flow.
F. Shall not be utilized for more than ninety (90) days in one (1) calendar year.
(28) Product: Any on-premise sign which advertises a product or service offered, sold or otherwise provided by a business or activity displayed on the exterior of a structure or on exterior premises provided:
A. Shall not exceed eight (8) square feet.
B. Only four (4) signs permitted per street or parking lot frontage.
C. Shall be non-illuminated.
D. Shall not obstruct a parking space, loading space or driveway.
E. Shall be placed no closer than twenty (20) feet from the right of way.
(29) Projecting: A sign affixed to the building wall or structural support member and extending beyond the building wall or structural member more than twelve (12) inches and not less than eight (8) feet above the ground or the finished surface of a sidewalk, street, driveway or landing directly beneath it.
(30) Public: A sign owned and maintained by the City, State or Federal Government and used exclusively to preserve, protect and promote the general public’s health, safety and welfare, including but not limited to street signs, stop signs and directional signs for public places.
(31) Public Service Message (Marquee): An electronic, electrically or manually controlled sign which conveys only information such as time, date, temperature or general public information as to special events where different alternating copy changes are shown on the same lamp bank matrix without giving the appearance of directional movement, provided the display area may not exceed thirty two (32) square feet.
(32) Pump: A sign located on the gasoline pump or dispensing unit giving the public information as “gallon”, “octane rating”, “self-service”, “price” and type of fuel, provided no such individual sign shall exceed two (2) square feet in area.
(33) Pylon: A sign supported by one or more poles having a display surface a maximum of forty (40) feet above the grade and having no advertising device between the ground and the bottom of the sign face.
(34) Reader Board: A permanent sign on which notices are posted in the form of removable letters pertinent to the business on the premises, provided:
A. Shall not exceed thirty two (32) square feet.
B. May be illuminated.
C. No flashing or rotating lights.
D. May be a wall, freestanding or ground sign.
(35) Real Estate: A sign advertising the sale, rental or lease of all or a portion of the premises on which the sign is displayed during the sale, rental or lease period, provided:
A. Non-residential uses:
1. Maximum of thirty two (32) square feet in area and shall not project above the lowest roof line of the building.
2. Placed a minimum of ten (10) feet from right of way.
3. One (1) sign permitted per street frontage.
B. Residential use:
1. Maximum of eight (8) square feet maximum area and a maximum height of six (6) feet from grade.
2. Placed a minimum of ten (10) feet from right of way.
3. One (1) sign permitted per street frontage.
(36) Roof: A sign that is attached to, supported by, erect, or maintained on the roof structure or the top of a parapet wall.
(37) Sign: Any letters, pictorial representation, symbol, emblem, flag, banner, illuminated or non-illuminated, displayed in any manner whatsoever, which directs attention of persons to such device, and which is located within the view of the general public from a public right of way. Customary graphics found on soft drink and newspaper dispensers and similar machines shall not be considered as signs.
(38) Sign structure: The framework, bracing or support of the sign.
(39) Subdivision: A sign identifying the name of and located at the entrance of a residential subdivision, planned neighborhood development, office park, mobile home park, planned unit development or industrial park.
(40) Wall: A sign affixed to any building or wall, projecting not more than twelve (12) inches.
(41) Window: A sign affixed to or located within six (6) inches of the interior or exterior surface of a window or door for the purpose of viewing from outside the premises, provided:
A. Not to exceed thirty three percent (33%) of the gross window size. A series of windows which are separated by frames less than six (6) inches in width shall be considered as a single window for the purpose of computation.
B. Shall not screen from view or obstruct any exit way.
(Ord. 0-1192. Passed 6-14-05.)
1364.03 PERMIT APPLICATION PROCEDURE.
(a) Each person, erecting, replacing, expanding, refacing or relocating a sign shall make application for a sign permit. A permit shall be required for each sign, except where specifically exempted in this article. A sign permit shall be in addition to any zoning, construction and electrical permit.
(b) Application:
(1) Application for a sign permit shall be submitted to the Zoning Administrator or his designee and shall contain or have attached thereto such information in the form of photographs, scaled drawings, dimensions, materials to be used, location of the sign on the premise, setback from property lines when required, and/or any other such information as may be necessary by the Zoning Administrator or his designee to ensure compliance with the provision of this article. It shall be the applicant’s responsibility to provide information of any rights of way.
(2) The Zoning Administrator or designee may also require the submission of a survey of the lot or parcel upon which the sign is to be placed and which shall indicate the proposed location on the lots, the location of existing and/or proposed buildings, parking lots, sidewalks and/or any other structures.
(c) Approval: It shall be unlawful for any person to erect any sign requiring a permit without first complying with all of the following requirements, unless otherwise excepted:
(1) Completion of the sign application.
(2) Approval by the Zoning Administrator or his designee of the sign application.
(3) All fees are paid.
(4) Issuance of a sign permit and where required, construction and electrical permit.
(d) Denial of Application: If the application for a sign permit is denied, the Zoning Administrator or his designee shall state in writing on the application the cause for the disapproval and return a copy of the same to the applicant, with the applicant acknowledging the denial by signing his initials to the statement of denial when applicant is applying in person or shall send to the applicant by certified mail, when the application has been received by mail.
(e) Inspections: All signs shall be subject to inspection by the Code Enforcement Division to insure that they are safely secured, supported, braced and are constructed in a safe and workmanlike manner in accordance with all applicable provisions of the Building Code and as plans submitted. (Ord. 0-1192. Passed 6-14-05.)
1364.04 FEES.
In order to recoup the administrative costs associated with the processing approval and issuance of a sign permit, including inspecting the signs permitted under this section, the following fees shall be paid to the Code Enforcement Division for each sign issued in addition to any zoning, construction and/or electrical permit:
Portable signs | $25.00 |
1 square foot – up to 32 square feet | $25.00 |
32 square feet – up to 64 square feet | $50.00 |
64 square feet – up to 100 square feet | $75.00 |
100 square feet and over | $100.00 |
(Ord. 0-1192. Passed 6-14-05.)
1364.05 EXEMPT SIGNS.
The following signs shall be exempt from obtaining a permit or paying any fee as long as all provisions are met:
SIGN | # ALLOWED PER SITE | DISPLAY AREA SQ. FT. | PERMITTED ZONING DISTRICT | REMARKS |
AUCTION | 1 | 20 | ALL | 30 day display |
BANNER | 1 | 60 | B-1, B-2, B-3, B-4, M-1, M-2, M-3 | 30 days prior to event. Remove within 3 days after event. |
COMMUNITY EVENT | Unlimited | 60 | B-1, B-2, B-3, B-4, M-1, M-2, M-3 | 30 days prior to event. Remove within 3 days after event. |
CONSTRUCTION | 2 | 64 | ALL | Must be removed within 14 days after completion. |
DIRECTIONAL | Unlimited | 60 | ALL | 5 square feet per sign. |
WALL DIRECTORY | 1 | 20 | ALL | 1 per building. |
FLAG | Unlimited | -- | ALL | -- |
HAZARD | Unlimited | -- | ALL | Only for duration of hazard from construction, excavation or the like. |
INFLATABLE | Unlimited | -- | B-2 | Limited to 3 days per event. Balloons- unlimited. |
INSTRUCTIONAL | Unlimited | 3 | ALL | --- |
MEMORIAL OR PLAQUE | 1 | 9 | ALL | --- |
MENU/ SANDWICH | 1 | 3 per side | B-1, B-2, B-3, B-4, M-1, M-2, M-3 and all non-residential uses in R districts. | Display hours 7:00 a.m. - 9:00 p.m. Shall not be illuminated. |
SIGN | # ALLOWED PER SITE | DISPLAY AREA SQ. FT. | PERMITTED ZONING DISTRICT | REMARKS |
MURAL | 1 | Unlimited | B-1, B-2, B-3, B-4, M-1, M-2, M-3 | No advertisement. |
NAMEPLATE/ ADDRESS | 1 | 3 | ALL | Non- illuminated. |
OFF PREMISE DIRECTIONAL FOR PLACES OF WORSHIP/ SCHOOL | 1 | 4 | ALL | 20 square feet, 6'high. |
PENNANTS | Unlimited | -- | ALL | --– |
POLITICAL | Unlimited | -- | ALL | Erected 60 days prior to and remove within 7 days after election. |
PRODUCT | 4 Per frontage | 8 | B-1, B-2, B-3, B-4, M-1, M-2, M-E3 and non- residential use in R district | Non-illuminated 20' from right of way. |
PUBLIC | Unlimited | Unlimited | ALL | --- |
PUMP | 1 per pump | 2 | ALL | --- |
REAL ESTATE NON- RESIDENTIAL USE | 1 per street frontage | 32 | ALL | Shall not project above the lowest roof line of building. 10' setback from right of way. |
REAL ESTATE RESIDENTIAL USE | 1 per street frontage | 8 | ALL | Maximum of 6' high, 10' setback from right of way. |
WINDOW | -- | 33% of window space | B-1, B-2, B-3, B-4, M-1, M-2, M-3 and non- residential use in R district | Shall not obstruct view or exit way. |
(Ord. 0-1192. Passed 6-14-05.)
1364.06 GENERAL PROVISIONS.
(a) No flood lights shall be utilized as a part of a sign illumination system which are not shielded so that the light is not visible from any public right of way or adjacent property nor shall any sign otherwise reflect or emit a glaring light so as to impair driver vision or impair the privacy of an adjoining residential use.
(b) No sign illumination system shall contain or utilize any beacon, spot, search or stroboscopic light or reflector which is visible from any public right of way or adjacent property, nor shall such light be operated outside under any circumstances, except by authorized public agencies.
(c) No sign shall obstruct the view of a motor vehicle operator entering a public roadway, from a driveway, street or alley.
(d) No sign shall be permitted which may be confused with an official traffic sign, signal or device, railroad sign or signal or any other official sign or which uses the words, “stop”, “warning”, “danger”, “caution” or similar words implying the existence of danger or need for stopping or maneuvering.
(e) No sign is permitted to be displayed on any trees, natural feature, shrubs or utility poles within the public right of way. This shall not apply to any sign, signal or other information device erected or placed by a governmental agency or its designee.
(f) No signs or sign structure shall be placed closer than five (5) feet to the public right of way.
(g) No sign projecting into a public right of way shall be lower than nine (9) feet.
(h) When a business has ceased operation for more than sixty (60) days, the sign and fixtures must be removed unless a new business at that location has made application with the Zoning Administrator or his designee to utilize the existing sign structure. Signs associated with a business which is normally opened on a seasonal basis shall not be considered to be ceased, provided there is clear intent to continue operations of the business within nine (9) months.
(i) A person that applies for a sign for which a permit is required that is erected, installed, removed, rehung or maintained over public property shall file in the sum of three hundred thousand dollars ($300,000.00) an insurance policy for public liability with the Code Enforcement Division.
(j) No person shall locate a sign on the premises so as to intentionally or effectively deny an adjoining property owner reasonable public vision access to an existing sign.
(k) The City shall have the right to cause the removal of any obsolete sign if the owner thereof fails to remove such sign within thirty (30) days of written notification or if the owner cannot be located; and the costs thereof shall be collected, if not paid, legal proceedings will take place and a lien placed upon said property.
(l) No sign shall be placed upon a vacant lot except for real estate, political or construction signs.
(m) A clear view at each corner of an intersection shall be maintained by establishing an unobstructed “sight triangle”. The extent of the required sight triangle varies according to the speed limit of streets forming the intersection. For streets signed 35 MPH or greater, the area to be clear of view obstructions at unsignalized intersections is generally to be the triangular area formed by the point of intersection of street right of way lines and a point located along each right of way line at a distance of 35 feet from the point of intersection. For intersecting streets signed for less than 35 MPH, the shaded area in the figure #1 illustrates the area which must, in most instances, be clear of obstructions to driver visibility at unsignalized intersections. No sign or other obstruction to vision shall be installed, constructed, set out, or maintained so as to obstruct cross-visibility in the sight triangle between 30 inches and 72 inches above the level of the center of the street intersection.
(Ord. 0-1192. Passed 6-14-05.)
1364.07 DESIGN STANDARDS.
(a) All signs shall be constructed of durable materials, and when required, shall be securely attached to a building or structure by metal supports, such as bolts, anchors, supports, chains, guy or steel rods and shall meet or exceed the wind and snow loads of this regions.
(b) Any sign erected, constructed or maintained shall not obstruct any fire escape or any window or door or opening used as a means of any fire escape or be placed as to hinder any emergency response.
(c) Any sign erected shall meet all building codes adopted by the City of Parkersburg, NFPA and Electrical codes.
(Ord. 0-1192. Passed 6-14-05.)
1364.08 MEASUREMENT OF SIGN AREA.
(a) The permitted size of a sign shall apply to the entire area enclosing the extreme limits of writing, representation, emblem or figure, together with any frame or other material or embellishment forming an integral part of the display. Necessary supports or uprights on which a sign is placed are excluded from the measurement of sign area.
(b) The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component to the sign. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.
(Ord. 0-1192. Passed 6-14-05.)
1364.09 SPECIAL EXCEPTIONS.
Hospitals:
(a) Hospitals shall be permitted one (1) ground sign at each entrance which shall not exceed one hundred twenty (120) square feet in area or ten (10’) feet in height or be located closer than five (5) feet to any lot line.
(b) Hospitals shall be permitted one (1) wall sign for each building entrance or street frontage for the purpose of identifying the hospital or activity. No such sign shall exceed fifty (50) square feet in area.
(Ord. 0-1192. Passed 6-14-05.)
1364.10 HAZARDOUS SIGNS.
Upon determination of the Code Enforcement Director or his designee that any sign is hazardous or insecure, or is a menace to the public, he/she shall give by means of written notice, sent certified mail to the owner, agent or person having the beneficial interest in the premises on which the sign is located. Correction of the condition which caused the violation shall be effected within five (5) days after receipt of the notice. If the condition is not corrected by the end of the fifth (5th) day, the Code Enforcement Director or his designee is hereby authorized to cause the sign to be removed forthwith at the expense of the owner, agent or person having the beneficial interest in the premises on which the sign is located.
Notwithstanding the foregoing provision, the Code Enforcement Director or his designee is authorized to cause any sign to be removed immediately and without notice, at the expense of the owner, agent or person having the beneficial interest in the premises on which the sign is located, whenever he/she determines that such sign is an immediate peril to persons or property.
(Ord. 0-1192. Passed 6-14-05.)
1364.11 NON-CONFORMING SIGNS.
For the purpose of this section, a non-conforming sign shall be defined as a sign existing legally at the time of the effective date of this section which does not comply with every provision of this article.
(a) A non-conforming sign shall not be enlarged, structurally altered or extended unless such sign shall be made to comply with all the provisions of this Article. Normal maintenance of a non-conforming sign is permitted.
(b) No conforming sign shall be erected on the same premises as an existing non- conforming sign until the non-conforming sign has been removed or changed to a conforming sign. However, for a multi-occupant land use, the fact that one particular establishment therein has a non-conforming sign will not prohibit a different establishment therein from erecting a conforming sign on the same premises.
(c) A non-conforming sign shall be made to conform with the requirements of this Article whenever there is a change in the use, name change of the business or occupancy of the building which the sign serves, or whenever the building or structure which the sign serves is externally expanded or remodeled.
(d) A non-conforming sign which is destroyed or damaged by fire or other cause to the extent that the cost of restoration will exceed sixty percent (60%) of the original cost of such sign, shall not be restored unless it is made to conform to all the regulations of this Article. In the event that such damage or destruction is less than sixty percent (60%) of the original cost of such sign, no repairs or construction shall be made unless such restoration is started within one (1) month from the date of the partial destruction (pending upon completion of insurance claim) and is diligently pursued to completion.
(Ord. 0-1192. Passed 6-14-05.)
1364.12 SIGNS REQUIRING PERMITS.
The following signs are permitted and shall be regulated as follows in regards to number, size and location:
(a) Canopy Signs:
(1) Signage shall not exceed thirty three percent (33%) of the full canopy. Where there is more than one entrance or exit way to the building, each canopy used will be calculated separately.
(2) Shall have a minimum clearance of at least eight (8) feet from the lowest point of the sign to the ground level, sidewalk or landing directly beneath it.
(b) Free Standing Sign:
(1) No more than one (1) free standing sign shall be permitted per place of business.
(2) Square footage of a free standing sign shall be a maximum of one times the street frontage but shall not exceed one hundred (100) square feet per business premise. (Example: 1 x 50’ street frontage = 50 square feet of permitted signage).
(3) Shall not be placed closer than ten (10) feet from public right of way.
(4) Shall be at least nine (9) feet above grade.
(5) In no case shall a business be permitted both a free standing and a ground sign.
(c) Ground Sign:
(1) Ground signs shall be limited to a total of one (1) per street frontage. The area surrounding the sign shall contain low-growing materials such as vegetative ground cover, perennials or shrubs which shall be bordered by acceptable curbing materials such as wood, concrete, etc. Such curbing shall be located in such a manner so as to prevent automobiles from contacting the sign when maneuvering. The perimeter of the landscaped area shall extend outward from the ground sign by at least two (2) feet.
(2) Ground signs shall not exceed twenty five (25) square feet in area per facing or eight (8) feet in height measured from grade at the base of the sign and shall be set a minimum of ten (10) feet from the public right of way.
(3) When a ground sign is utilized, a pole sign shall not be allowed.
(d) Identification Sign:
(1) One (1) permitted per multi-tenant use.
(2) Permitted square footage of sign shall be a maximum of two (2) times the street frontage but shall not exceed four hundred (400) square feet regardless of street frontage. (Example: 2 x 150’ = 300 square feet of permitted signage.)
(3) Maximum height of thirty five (35) feet.
(4) Set back from right of way minimum of ten (10) feet.
(5) The maximum square footage permitted shall include each individual sign placed within the perimeters of the identification sign.
(e) Portable:
(1) One portable sign per location.
(2) Shall not exceed thirty two (32) square feet.
(3) Permitted only in the B-2 zoning district.
(4) Shall be set back twenty (20) feet from public right of way.
(5) May be utilized for a maximum of ninety (90) days in one calendar year (January 1 thru December 31).
(6) Shall not be permanently affixed to ground, building or structure by any means.
(f) Projecting:
(1) One (1) projecting sign permitted per business location.
(2) Square footage of a projecting sign shall be a maximum of one-half (1/2) times the building frontage. (Example: ½ x 40’ building frontage = 20 square feet signage permitted.)
(3) Shall not be less than eight (8) feet above the ground level or the finished grade surface of a sidewalk, street, driveway or landing directly beneath it.
(g) Public Service Message or Marquee:
(1) One (1) public service message or marquee sign per street frontage.
(2) Maximum of thirty two (32) square feet.
(3) Shall have a minimum clearance of eight (8) feet above the ground level or the finished grade surface of a sidewalk, street, driveway or landing directly beneath it.
(h) Pylon:
(1) One (1) pylon sign per location.
(2) Square footage of a pylon sign shall be a maximum of two (2) times the street frontage but shall not exceed a total of four hundred (400) square feet regardless of street frontage. (Example: 2 x 150’ street frontage = 300 square feet of signage permitted.)
(3) Shall not extend more than forty (40) feet above ground level.
(4) Set back shall be a minimum of ten (10) feet from right of way.
(i) Reader Board:
(1) One (1) reader board permitted per location whether it be utilized as a wall, free-standing or ground sign.
(2) Shall not exceed thirty two (32) square feet.
(3) Shall not be more than six (6) feet in height.
(4) May be illuminated, but shall not utilize flashing or rotating lighting.
(5) Set back shall be a minimum of ten (10) feet from right of way.
(j) Roof:
(1) Shall be permitted only within the B-2 zoning district.
(2) One (1) roof sign permitted per place of business.
(3) Height of the sign shall not extend more than three (3) feet above the roof line.
(4) Square footage of roof sign shall be a maximum of seventy-five percent (75%) of the street frontage. (Example: 0.75 x 100’ street frontage = 75 square feet of permitted signage.)
(5) The supporting members of a roof mounted sign shall appear to be free of any extra bracing, angle irons, guy wires or cables. Supports shall appear to be an architectural and integral part of the building. Supporting columns of round, square or shaped steel members may be erected if the required bracing which is visible to the public is minimized or covered.
(k) Subdivision:
(1) One (1) sign permitted at each entrance of subdivision. When incorporated in with an architectural wall, then one (1) sign permitted for each entrance wall.
(2) Shall have a maximum of thirty (30) square feet.
(3) Maximum height shall be eight (8) feet.
(l) Wall:
(1) One (1) wall sign shall be permitted per business with the exception of a business on a corner lot, then each side of the structure facing the street shall be permitted one (1) sign per street frontage.
(2) Square footage of a wall sign shall be a maximum of one (1) times the building frontage, (Example: 1 x 60’ building frontage = 60 square feet of permitted signage.) but shall not exceed two hundred (200) square feet regardless of building frontage.
(3) Shall not extend out from structure more than twelve (12) inches.
SIGNS REQUIRING PERMITS
SIGN | # ALLOWED PER SITE | DISPLAY AREA SQ. FT. | PERMITTED ZONING DISTRICT | REMARKS |
CANOPY | Unlimited | 33% | B-1 thru B-4 M-1 thru M-3 | 8' from lowest point of sign to ground. |
FREE STANDING | 1 | 1 times street frontage | B-1 thru B-4 M-1 thru M-3 | 9' above grade, 1 sign per premise |
GROUND | 1 | 25 per facing | B-1 thru B-4 M-1 thru M-3 | 8' in height |
IDENTIFICATION | 1 | 2 times street frontage | B-1 thru B-4 M-1 thru M-3 | Maximum 400 sq. ft., 35' height |
PORTABLE | 1 | 32 | B-2 | 90 days |
PROJECTING | 1 | ½ times building frontage | B-1 thru B-4 M-1 thru M-3 | 8' above ground level |
PUBLIC SERVICE MESSAGE/ MARQUEE | 1 per street frontage | 32 | B-1 thru B-4 M-1 thru M-3 | 6' above ground level |
PYLON | 1 | 2 times street frontage | B-1 thru B-4 M-1 thru M-3 | Maximum 400 sq. ft. above ground level |
READER BOARD | 1 | 32 | B-1 thru B-4 M-1 thru M-3 | 6' maximum height |
ROOF | 1 | 75% of street frontage | B-2 | Not to exceed 300 sq. ft. |
SUBDIVISION | 1 per entrance | 30 | ALL | 8' max. height |
WALL | 1 | 1 times building frontage | B-1 thru B-4 M-1 thru M-3 | Maximum of 12" from structure |
(Ord. 0-1192. Passed 6-14-05.)
1364.13 ISSUANCE OF CITATION.
The Code Enforcement Director or designee may issue a citation for any violation of this Article.
(Ord. 0-1192. Passed 6-14-05.)
1364.14 OFF-PREMISE BILLBOARD SIGNS.
(a) Statement of Purpose. This section establishes the regulations for the continuing use of off-premise billboard signs in order to encourage an attractive environment for businesses, inform and direct the general public, protect and enhance the physical appearance of the community, ensure public safety along streets and highways, and provide business with a format for advertising the goods and services made available by the business community.
Off-premise billboard advertising is a traditional and legitimate advertising medium involving the lawful use of private property.
Off-premise billboard advertising should be regulated to provide for safe structures, to be properly located so as to meet uniform standards for construction and maintenance, and to be maintained to conform to a neat and pleasant community appearance.
In support of the previous statements and in order to assure the compatibility of off- premise billboard signs with surrounding land usage, to enhance the economy of the City, to protect the public interest in streets and highways, to promote and maintain the safety and general welfare of persons and their property in the vicinity of off-premise billboard advertising structures, to allow property owners the opportunity to sell or lease their properties for off- premise billboard advertising uses, and to provide and protect tax revenues by promoting the reasonable, orderly and effective display of off-premise billboard advertising, it is deemed to be in the public interest to enact this section.
(b) Definitions.
(1) Advertising structure: A sign which has a flat surface sign space upon which advertising may be posted, painted or affixed, and which is primarily designed for the rental or lease of such sign space for advertising not relating to the use of the property upon which the sign exists.
A. Bulletins: Standard sizes are as follows:
14’ H x 48’ W
10’ H x 40’W
10’6” H x 36’ W
B. Posters: Standard size is 12’3” H x 24’6” W.
(2) Back-to-Back Sign: A sign consisting of two sign facings oriented in opposite directions with not more than two faces per sign facing.
(3) Double Faced Sign: An off-premise billboard sign with two adjacent faces oriented in the same direction and not more than ten (10) feet apart at the nearest point between the two faces.
(4) Embellishment: Add-ons to the structure that extend beyond the standard structure area to command greater attention to the message. Can include letters, packages, 3-d elements.
(5) Facing: That portion of an off-premise billboard sign upon which advertising is affixed or painted and visible in one direction at one time.
(6) Roof Mounted Sign: An off-premise sign attached to the roof of a building.
(7) V Type Sign: An off-premise billboard sign structure which consists of multiple sign facings placed at angles to each other, oriented in different directions and not exceeding 10 degrees apart at the nearest point to each other from center line of structure. Not to exceed 20 degree at furthest point.
(8) Wall Sign: An off-premise billboard sign attached to the wall of a building or structure.
(c) Permitted Districts: Off-premise billboards signs shall be a permitted use within the B-2 (General Business District), M-1 and M-2 (Manufacturing Districts).
(d) Legal Non-conforming Signs: Any off-premise billboard sign lawfully erected and in existence as of the effective date of this section which does not meet the requirements of this section may be maintained as a matter of right as a legal non-conforming sign.
Any non-conforming off-premise billboard sign that would be removed or any destruction of the structure with replacement cost of 50% or more, shall adhere to the applicable zoning-sign ordinance for the said zoning district.
Nothing in this section shall be deemed to prevent the strengthening or the restoration to a safe condition any off-premise billboard sign or part thereof, declared to be unsafe by the Code Enforcement Division official.
(e) General Provisions:
(1) No off-premise billboard sign shall be constructed which resembles any official marker erected by a governmental entity, or which by reason of position, shape or color would conflict with the proper functioning of any official traffic control device.
(2) Off-premise billboard signs shall be constructed in accordance with City and State building and electrical codes and shall be subject to wind and snow loads as set forth in the latest edition of the BOCA building codes. All plans shall have a structural engineer’s seal/stamp with the engineer’s signature.
(3) All plans shall be submitted with a site plan or legal survey showing the perimeter, the exact location of the proposed sign on the site, and the distances from all property lines of the farthest point of the sign.
(4) Off-premise billboard signs shall be regularly maintained in good and safe structural condition.
(5) Any advertisement poster on said off-premise billboard sign for a special event, shall be removed within thirty (30) days from the ending date of said event. If the removal of the poster creates an unsightly view, a generic, white poster shall be installed.
(f) Size of Signs:
(1) The total facing(s) shall be 672 square feet, excluding an embellishment which shall not exceed 20% of the maximum sign area allowed.
(2) The sign area shall be measured by the smallest square, circle, rectangle, or combination thereof which will encompass the entire sign face.
(3) Signs shall be single faced or V type signs and meet the size requirements. Double stacked signs shall not be permitted.
(4) The embellishment shall extend not more than five and one-half feet (5 ½’) above the top molding or two (2) feet from the bottom or side molding of such sign.
(g) Height of Signs: An off-premise billboard sign shall have a maximum height not to exceed forty (40) feet above grade level of the roadway to the top of the structure, as measured from the centerline of the roadway to which the sign is oriented. Minimum eight (8) feet clearance to bottom of sign
(h) Setback Requirements:
(1) Front: A minimum setback of twenty-five (25) feet is required from front lot line for any off-premise billboard sign, regardless of zone.
(2) Side: A minimum setback of five (5) feet on each side is required from lot line for any off-premise sign, regardless of zone.
(3) Rear: A minimum setback of five (5) feet is required from rear lot line for any off-premise billboard sign, regardless of zone.
(4) Street intersection: A minimum setback of thirty (30) feet from all rights of way of any street.
(i) Spacing:
(1) No off-premise billboard sign shall be constructed within one thousand (1,000) feet measured from all directions of any other off-premise billboard sign if in line of sight.
(2) Spacing from directional and official signs, on-premise signs or any sign which does not constitute an off-premise billboard sign shall not be counted nor shall measurements be made from such signs for the purpose of determining compliance with these spacing requirements.
(3) No off-premise billboard sign shall be permitted within four hundred (400) feet from any residential zoning district.
(4) The minimum distance between off-premise signs shall be measured along the nearest edge of the pavement between points directly opposite the center of the signs along each side of the highway or street.
(5) No off-premise billboard sign shall be permitted within five hundred (500) feet from each property line of a public recreation facility, park, school, or church, regardless of the zoning district.
(j) Lighting: Off-premise billboard signs may be illuminated subject to the following restrictions:
(1) Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways, and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle.
(2) No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.
(3) No flashing, intermittent or moving lights are permitted.
(k) Type of Sign Structure: All off-premise billboard advertising structures shall be of the unipole (single pole) style constructed of steel. The structure shall be sealed with a solid earthtone color.
(l) Sign Permits: No off-premise billboard sign shall be erected without first securing a zoning permit, a construction permit and all applicable fees are paid. Before such zoning permit is issued, an on-site inspection shall be made to determine that the proposed off-premise billboard sign complies with all provisions of this section.
(Ord. 0-1192. Passed 6-14-05.)
1364.15 CITY PARKS.
All signs located within the parks owned or maintained by the City shall be wooden in nature. (Ord. 0-1192. Passed 6-14-05.)
1364.16 VARIANCES.
(a) The Board of Zoning Appeals may permit variances from the regulations of this Article when in the opinion of the Board, a sign will be suitable and appropriate to its proposed location and the record affirmatively demonstrates that the business or use to which the sign relates cannot be properly identified without the requested variance.
(b) In the event the setback requirements leave no legal location for the sign, the Board of Zoning Appeals, upon finding no legal location exists for a sign may grant a variance of the setback subject to the following restrictions:
(1) The sign may be no closer than two (2) feet from the front property line.
(2) The sign shall not be placed prohibiting visibility obstructions at intersections or along street rights of way.
(3) The sign shall not block the view of traffic from driveways on, or adjacent to, the property.
(Ord. 0-1192. Passed 6-14-05.)
1364.17 MAINTENANCE.
All signs and components thereof shall be maintained in good repair, free of rust, peeling, flaking, fading, broken or cracked panels and broken or missing letters. All signs, components, supports and their surroundings shall be maintained in a safe, clean and attractive condition.
All the premises surrounding a sign shall be maintained by the owner in a clean and sanitary condition and clear and free of all obnoxious substances, rubbish and weeds.
(Ord. 0-1192. Passed 6-14-05.)
1364.99 PENALTY.
Whoever violates any provision of this article shall be fined not more than five hundred ($500.00) dollars, nor less than one hundred ($100.00) dollars. Each day that a sign is in violation of this article shall constitute a distinct and separate offense and in addition shall pay all costs and expenses involved in the case.
(Ord. 0-1192. Passed 6-14-05.)
1365.01 INTENT.
Within the districts established by Ordinance A-2530, passed February 27, 1973, or amendments that may be later adopted, there exists lots, structures and uses of land and structures which were lawful before Ordinance A-2530 was passed or amended, but which would be prohibited, regulated or restricted under the terms of this article or future amendment.
The legitimate interests of those who lawfully established these nonconformities are recognized in this article by permitting such uses to continue subject to regulations for and limitations upon their restoration, reconstruction or extension. It is recognized, however, that nonconformities substantially and adversely affect the development, maintenance, use and taxable value of other properties in the district that are subject to the regulations of this article. In order to secure eventual compliance with the standards of this article, it is therefore necessary to regulate nonconformities and to prevent their re-establishment once they have been discontinued. It is further the intent of this Zoning Ordinance that nonconformities not be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
To avoid undue hardship, nothing in this Zoning Ordinance shall affect the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of Ordinance A-2530. Actual building construction means the placing and fastening of construction materials in a permanent manner. In the case where a demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction if a building permit has been obtained, provided that work shall be diligently carried on until completion of the building is accomplished and a certificate of occupancy is issued.
(Ord. 0-465. Passed 9-23-86.)
1365.02 NONCONFORMING LOTS OF RECORD.
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Zoning Ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Ordinance passed February 27, 1973. Such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Any variance of yard requirements shall be obtained only through application to and authorization by the Board of Zoning Appeals.
If two or more lots or combinations of lots and portions of lots with continuous frontage are in single ownership or of record at the time of passage or amendment this Zoning Ordinance passed February 27, 1973, and if all or part of the lots do not meet the requirements for lot width and area as established by this Zoning Ordinance, the lands involved shall be considered to be an undivided parcel. No portion of such parcel shall be used or sold which does not meet lot, width and area requirements established by this Zoning Ordinance, nor shall any division of the parcel be subsequently made which leaves the remaining width or area below the requirements stated in this Zoning Ordinance.
(Ord. 0-465. Passed 9-23-86.)
1365.03 NONCONFORMING USES OF LAND.
Where, at the effective date of adoption or amendment of this Zoning Ordinance, passed February 27, 1973, a lawful use of land exists that is made no longer permissible under the terms of this article, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) Expansion. No such nonconforming use of land shall be enlarged, increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Ordinance.
(b) Moving. No such nonconforming use of land shall be moved in whole or in part to any other position of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Zoning Ordinance.
(c) Abandonment. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this Zoning Ordinance for the district in which such land is located.
(d) Accessory Structure. No additional structure not conforming to the requirements of this Zoning Ordinance shall be erected in connection with such nonconforming use of land nor shall any existing structure be allowed to expand. (Ord. 0-465. Passed 9-23-86.)
1365.04 NONCONFORMING STRUCTURES WITH PERMITTED USES.
Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance, passed February 27, 1973, that could not be built under the terms of this article by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(Ord. 0-465. Passed 9-23-86.)
(a) Expansion of Residential and Nonresidential Structures. A nonconforming residential or nonresidential structure which contains a permitted use may be enlarged or altered provided that such enlargement or alteration conforms to the following requirements: A structure devoted to a permitted residential or nonresidential use in the district in which it is located shall be allowed to expand by not more than twenty-five percent (25%) of the existing first floor area. Such expansion shall not extend beyond the existing nonconforming side or rear yard building lines. No enlargement or alteration shall occur in any required front yard in a manner that increases its nonconformity.
(Ord. 0-774. Passed 6-13-95.)
(b) Reconstruction. If a nonconforming residential or nonresidential structure which contains a permitted use is damaged or destroyed by any means to any extent it may be reconstructed provided that such reconstruction conforms to all applicable setback and height requirements as determined by the Zoning District in which the parcel is located and provided that the future use will remain the same as the previously permitted use. A nonconforming residential or nonresidential structure which contained a previously permitted conditional use as determined by the Zoning District in which the parcel is located must first be reauthorized by the Board of Zoning Appeals prior to reconstruction.
(Ord. 0-1724. Passed 3-14-23.)
(c) Moving. No nonconforming residential or nonresidential structure shall be moved in whole or in part for any distance to another location on the same or on another lot unless the entire structure shall thereafter conform to the regulations of the district in which it is located after being moved.
(Ord. 0-465. Passed 9-23-86.)
1365.05 NONCONFORMING USES OF STRUCTURES.
If a lawful residential or business use of a structure, or structure and premises in combination exists at the effective date of adoption or amendment of this Zoning Ordinance, passed February 27, 1973, that would not be allowed in the district under the terms of this Zoning Ordinance, the lawful nonconforming residential or business use may be continued subject to the following provisions:
(a) Expansion. A structure devoted to a residential or business use not permitted by the Zoning Ordinance in the district in which it is located may be allowed to expand once by not more than twenty-five percent (25%) of the existing floor area, provided however, that such enlargement may be made only upon application to and authorization by the Board of Zoning Appeals. The expansion of a structure containing a nonconforming residential or business use may be authorized by the Board of Zoning Appeals only if the following findings of fact are made relative to the proposed expansion:
(1) That the proposed expansion will not adversely affect the health, safety and welfare of persons residing or working in the district;
(2) That the proposed expansion will not cause a depreciation of the value of other property and uses permitted in the district;
(3) That the proposed expansion will not significantly increase traffic congestion;
(4) That the proposed expansion will not adversely affect the privacy of persons residing in the immediate vicinity;
(5) That the proposed expansion will not reduce parking incidental to the nonconforming use of the structure;
(6) That the proposed expansion will not increase the hazard in the area of fire, offensive noise, smoke, dust, debris or other objectionable influences;
(7) That the proposed expansion will not adversely affect any recreational, institutional or other use previously authorized by the Board; and
(8) That the proposed expansion will not inhibit the desirability, feasibility and likelihood of future residential or commercial development or expansion in the immediate vicinity.
Any such expansion of a nonconforming use of a structure shall not be authorized unless the area that is expanded conforms to applicable off-street parking provisions of the Zoning Ordinance. The portion of the nonconforming use of a structure being enlarged shall conform to the setback provisions and yard requirements of the district in which it is located. The Board shall have the right to authorize such other reasonable restrictions upon the proposed expansion as deemed necessary to protect the health, safety and welfare of persons residing within the vicinity of the nonconforming use.
(b) Extension. A nonconforming use of a structure may be extended to any portion of the building that was designed or arranged for such use at the time of adoption or amendment of the Zoning Ordinance. The extension of the nonconforming use outside of the structure shall be subject to the provisions of subsection (a) hereof.
(c) Change. Any nonconforming use of a structure, or structure and premises in combination, may be changed to another nonconforming use, provided that the Board of Zoning Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board may require appropriate conditions and safeguards in accordance with the provisions of this Zoning Ordinance.
(d) Reconstruction. When nonconforming use status applies to a structure, or structure and premises in combination, the removal or destruction of the structure shall eliminate the nonconforming use status of the land and any further development or construction on the land shall conform to the applicable zoning requirements of that district. Destruction for the purpose of the subsection is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at the time of destruction.
(e) Repairs and Maintenance. On any structure devoted in whole or in part to a nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding twenty-five percent (25%) of the current replacement value of the building at the time the application for the permit is made, provided that the square footage of the building as it existed at the time of passage or amendment of the Zoning Ordinance, passed February 27, 1973, shall not be increased.
Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition any structure or part thereof declared to be unsafe by the Director of the Division of Code Administration, upon order of such official.
(Ord. 0-465. Passed 9-23-86.)
1365.06 PERMITTED CONDITIONAL USES NOT NONCONFORMING USES.
Any use permitted as a conditional use, as provided in this Zoning Ordinance, shall not be deemed a nonconforming use, but shall without further action, be deemed a conforming use in such district. (Ord. 0-465. Passed 9-23-86.)
1365.07 TERMINATION OF NONCONFORMING USE STATUS.
(a) Abandonment. A nonconforming use of a structure which has been abandoned shall not thereafter be returned to such nonconforming use. For purposes of administration of the Zoning Ordinance, a nonconforming use shall be considered abandoned:
(1) When the use of the structure has been discontinued for a period of twelve consecutive months; or
(2) When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year; or (Ord. 0-465. Passed 9-23-86.)
(3) When all utility services have been disconnected from the structure. (Ord. 0-774. Passed 6-13-95.)
(b) Replacement of Nonconforming Use. Any structure, or structure and premises in combination in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure, or structure and premises in combination, is located and the nonconforming use may not thereafter be resumed.
(Ord. 0-465. Passed 9-23-86.)
1365.08 EXISTING AGRICULTURAL, MANUFACTURING AND INDUSTRIAL USES SAFEGUARDED.
The prohibitions contained in this article shall not apply to alterations or additions to or replacement of buildings or structures by any farm, industry or manufacturer, or to the use of land presently owned by any farm, industry or manufacturer but not used for agricultural, industrial or manufacturing purposes, or to the use or acquisition of additional land which may be required for the protection, continuing development or expansion of any agricultural, industrial or manufacturing operation or any present or future satellite agricultural, industrial or manufacturing use. If a nonconforming use has been abandoned, any future use of such land, building or structure shall be in conformity with the provisions of the article regulating the use in the district in which such land, building or structure may be located; provided, however, that abandonment of any particular agricultural, industrial or manufacturing process shall not be construed as abandonment of an agricultural, industrial or manufacturing use. (Conformance with Section 8-24-50 of the West Virginia Code.)
(Ord. 0-465. Passed 9-23-86.)
1366.01 ESTABLISHED; USES; REQUIREMENTS.
(a) Purpose. It is the purpose of this Recreation District to develop areas in the City which will have an emphasis on recreational-type activities. This District is intended to permit reasonable economic use of the property while at the same time conserve one of the City's primary assets.
(b) Principal Permitted Uses.
(1) Public or private, profit or nonprofit recreational facilities, specifically including golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas and pools, playgrounds, wildlife and natural preserves, lawn bowling, croquet courts and ice rinks.
(2) Nurseries and greenhouses.
(3) Baseball fields, basketball courts, bicycle trails, horseshoe courts miniature golf courses and waterslides.
(4) Restaurants, inns and refreshment stands, provided that they shall be no less than fifty feet distant from the boundary line of any R District.
(c) Accessory Permitted Uses. Any accessory use customarily incidental to the principal permitted use including the following:
(1) Portable toilets.
(2) Picnic shelters.
(3) Concession stands.
(4) Ticket booths.
(5) Platforms.
(6) Stages.
(7) Garages.
(8) Accessory buildings.
(9) Accessory parking.
(10) Signs.
(d) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05(b):
(1) Kennels and animal shelters.
(2) Stables and riding academies.
(3) Go-cart tracks.
(4) Drive-in theaters.
(5) Carry-outs.
(6) Single family homes.
(7) Sports arenas.
(8) Stadiums.
(9) Roller rinks.
(10) Bowling alleys.
(11) Airports including heliports and landing fields, provided that they shall be not less than 500 feet from the boundary line of any R District.
(12) Circuses and carnivals.
(e) Accessory Conditional Uses. Any accessory use customarily incidental to the principal use when authorized by the Board of Zoning Appeals, provided that any such accessory conditional use meets the requirements and conditions specified in Section 1329.05(b).
(f) Requirements. The following shall be observed, except as modified hereinbefore, in accordance with the provisions of Article 1361.
(1) Maximum height: 2 1/2 stories or 35 feet.
(2) Minimum lot area: None.
(3) Minimum yards.
1 Story (ft.) | 2 - 2 1/2 Stories (ft.) | |
A. Minimum front yard | 20 | 20 |
B. Minimum side yards |
1 Story (ft.) | 2 - 2 1/2 Stories (ft.) | |
1. Least width | 10 | 10 |
2. Sum of least width | 20 | 30 |
C. Minimum rear yard | 20 | 20 |
(5) Signs.
A. Permitted signs. Awning, canopy or marquee, ground, pole, wall, bulletin board, construction development, directional and informational, identification, information, memorial, political, product, real estate and changeable copy signs shall be permitted as accessory uses in the Recreation District.
B. Maximum sign area.
1. For lots with one establishment, signs shall have a total surface sign area in square feet, no greater than 1.5 times the street frontage. Total freestanding sign area shall not exceed sixty percent (60%) of the total sign area permitted whether used exclusively or in conjunction with other signs. For lots with one establishment, there shall be no more than one free-standing sign per fifty feet of street frontage.
2. For corner lots with one establishment, signs shall have a total sign surface area in square feet, no greater than 1.5 times the street frontage. Each frontage shall be considered independently for calculating sign area permitted for each frontage. Total free-standing sign area shall not exceed sixty percent (60%) of the total sign area permitted whether used exclusively or in conjunction with other signs. For corner lots with one establishment, free-standing signs shall be permitted. One additional free-standing sign shall be permitted on corner lots where each street has at least 100 feet of frontage.
3. For lots with more than one establishment, one joint identification sign shall be permitted not exceeding one square foot of sign area for each foot of street frontage. In no case shall the joint identification sign exceed 300 square feet. Each establishment under this provision shall be permitted one attached wall sign not exceeding two square feet of sign area for each foot of building frontage.
4. For corner lots with more than one establishment, one joint identification sign shall be permitted not exceeding one square foot of sign area for each foot of street frontage. In no case shall the joint identification sign exceed 300 square feet. Each frontage shall be considered independently for calculating sign area permitted on each street. Each establishment under this provision shall be permitted one attached wall sign not exceeding two square feet of sign area for each foot of building frontage. For corner lots with more than one establishment, one freestanding joint identification sign shall be permitted. On corner lots where each street has at least 100 feet of street frontage, one additional freestanding joint identification sign shall be permitted.
5. In addition to the above requirements, signs in the Recreation District are subject to the provisions of Chapter 1364.
(g) Landscaping.
(1) In connection with every use, there shall be provided a minimum of five percent (5%) of landscaping of the total lot area. Landscaping includes trees, plants and other natural and decorative features to the land.
(2) When a principal use abuts a residential structure, there shall be a buffer of landscaping separating the uses along the entire property line such use abuts.
(h) Worthington Golf Course. All land of record used and maintained for the Worthington Golf Course at the time of this Zoning Ordinance (Ordinance A-2530, passed February 27, 1973) shall be included in the Recreation District.
(Ord. 0-498. Passed 4-28-87.)