(a)

Purpose. This district is intended to provide for commercial areas to be located on highways and major thoroughfares in the community. The uses allowed in this district are primarily retail trade or service establishments dependent on the traffic volume or transportation access characteristics of highways and major thoroughfares.

(b)

Permitted uses.

(1)

Animal hospitals.

(2)

Antique shops.

(3)

Appliance sales and repair.

(4)

Apiaries and bees, upon finding that all requirements and best management practices are followed as defined in section 4-28.

(5)

Art galleries.

(6)

Assembly halls, gymnasiums, and similar facilities.

(7)

Auction sales (not livestock).

(8)

Auto parts and accessories sales.

(9)

Automobile service stations.

(10)

Automobile and truck sales and rentals.

(11)

Automobile repair and paint shops.

(12)

Automobile washing facilities.

(13)

Bakeries.

(14)

Banks and other financial institutions.

(15)

Barber and beauty shops.

(16)

Book and stationery stores.

(17)

Bowling alleys.

(18)

Candy and ice cream shops.

(19)

Carpet, rug and linoleum stores.

(20)

Catalog sales stores.

(21)

Churches and customary related uses.

(22)

Craft and novelty stores.

(23)

Convenience stores with or without gas pumps.

(24)

Customary accessory uses.

(25)

Delicatessens.

(26)

Department stores.

(27)

Dry cleaning stores and plants.

(28)

Farm and garden supplies stores.

(29)

Farmers markets and produce stands.

(30)

Fast food restaurants with no more than one drive-through window.

(31)

Fish and meat markets.

(32)

Florists.

(33)

Funeral homes.

(34)

Furniture stores.

(35)

Garden supplies sales.

(36)

Gift shops.

(37)

Government offices, services, amenities.

(38)

Grocery stores.

(39)

Hobby shops.

(40)

Jewelry stores.

(41)

Libraries.

(42)

Locksmiths.

(43)

Lodges and offices of fraternal, civic, professional and service organizations.

(44)

Medical and dental offices.

(45)

Medical cannabis dispensary; provided that the city zoning administrator finds the following conditions have been demonstrated by the applicant:

a.

Applicant is properly licensed with city and state.

b.

Applicant has been issued a state permit under W. Va. Code § 16A-6-1-1 et seq. and related regulations of the state to lawfully dispense medical cannabis to a patient or caregiver upon presentation to the dispensary of a valid identification card for that patient or caregiver. The dispensary shall provide to the patient or caregiver a receipt, as appropriate.

c.

Applicant must submit detailed floor plan and location map demonstrating full compliance with W. Va. Code § 16A-8-2 and related regulations of the state.

d.

Copy of an any adjustment or waivers of prohibition, if any, including conditions for this waiver granted to the applicant from the commissioner of the bureau for public health pursuant to W. Va. Code § 16A-8-2(b).

(46)

Mobile home sales lots.

(47)

Motels.

(48)

Music and musical instrument shops.

(49)

Newspaper publishing.

(50)

Offices—Business, financial, government, professional.

(51)

Office equipment and supplies sales.

(52)

Opticians and optometrists.

(53)

Other retail stores and establishments.

(54)

Outdoor recreational uses such as miniature golf, batting cages and similar uses.

(55)

Paint and wallpaper stores.

(56)

Parking lots and garages.

(57)

Pawn shops.

(58)

Pet shops (indoor only).

(59)

Pharmacies.

(60)

Photographic studios.

(61)

Physical fitness and health services establishments.

(62)

Private clubs.

(63)

Real estate sales and rentals.

(64)

Restaurants.

(65)

Retail clothing stores.

(66)

Secondhand stores and swap shops.

(67)

Schools of art, dance and music.

(68)

Seed and feed stores.

(69)

Self-storage facilities.

(70)

Sewing machine stores.

(71)

Shoe sales and repair shops.

(72)

Skating rinks.

(73)

Sporting goods stores.

(74)

Tailors and seamstresses.

(75)

Taxi stands.

(76)

Theaters (indoor).

(77)

Tire recapping and retreading.

(78)

Toy stores.

(79)

Transit terminals for passengers and light freight.

(80)

Vocational trade schools.

(81)

Variety stores.

(c)

Special exceptions.

(1)

Drive-in banks, upon a finding that adequate off-street movement and standing space will be provided for vehicles being served and waiting to be served.

(2)

Shopping centers, upon a finding that the center will complement and contribute to the economic vitality of the district.

(3)

Limited video lottery; provided that the city board of zoning appeals grants a conditional use permit to applicant based upon the following criteria:

a.

Applicant and property owner are properly licensed with city.

b.

Limited video lottery is accessory use to a restaurant;

For the purposes of this section, restaurants are defined as a structure in which the principle use is the preparation and service of food and beverages to its customers. Customers may consume food and beverages either inside or outside the structure or take the products off premises to consume as allowed by applicable laws.

c.

Limited video lottery machines must be in a separate room, closed-off from the restaurant and/or bar area and not visible to general restaurant patrons;

d.

Applicant must submit detailed floor plan with conditional use permit application;

e.

Food receipts must account for at least 51 percent of all gross revenue. The city may require proof from applicant of food vendor receipts for verification of gross revenue calculations;

f.

Restaurant, not including kitchen and preparation area, storage and utility areas, hallways six feet in width or less, restrooms. proposed limited video lottery room, and other areas not open to the general public, must have at least 40 seats, five tables and have a gross floor area of at least 800 square feet;

g.

Reserved.

h.

Restaurant must be in operation for a minimum of one calendar year prior to application for special exception and be open to the general public and include patrons under the age of 18 years old;

i.

Structure containing video lottery machines is not located within 300 feet of a church or place of worship, school, park or recreational facility or other video lottery establishment;

1.

The aforementioned 300-foot prohibition for a church or place of worship, school, park or recreational facility shall be measured in a straight line from the nearest point of the exterior wall of a building containing a limited video lottery establishment to the nearest property line of a parcel containing of a church or place of worship, school, park or recreational facility, irrespective of other uses that may exist on the property.

2.

The aforementioned 300-foot prohibition for other video lottery establishments shall be measured in a straight line from the nearest point on the wall of the portion of the building in which a limited video lottery is conducted to the nearest point on a wall of a building in which another limited video lottery may be conducted.

3.

For the purposes of this section, limited video lottery establishment shall be defined as any establishment within the city in which video lottery machines are operated.

j.

Applicant must apply for a renewal of the conditional use permit with the zoning administrator on an annual basis and provide proof, along with notarized affidavit, that the conditions listed within aforesaid section are satisfied; and

k.

The zoning administrator may revoke applicant's special exception if applicant fails to meet and/or maintain any of the conditions listed within the aforesaid section.

(4)

Reserved.

(5)

Reserved.

(6)

Recreational RV parks and campgrounds provided that such use complies with section 19-24, as amended, and upon a finding that the use will complement and contribute to the economic vitality of the district.

(7)

Reserved.

(d)

Buffer strip. A densely planted buffer strip at least eight feet in height shall be planted and maintained along the rear and side yard of any residential district, but shall not extend beyond the front building line of adjacent residential lots.

(e)

Fences, walls. Fences and walls in yards or along the edge of any yard are permitted pursuant to standards set out in section 16-179.

(Ord. No. 233, § 1, 4-17-12; Ord. No. 258, § 1, 8-19-14; Ord. No. 282, § 1, 6-21-16; Ord. No. 298, § 1, 3-21-17; Ord. No. 318, § 1, 4-7-20; Ord. No. 342, § 1, 10-4-22)