Summersville City Zoning Code
ARTICLE 1369
C-3 Highway Commercial District
1369.01 PURPOSE.
Highway Commercial Districts make provision for highway-oriented retail, automotive, and service type business activities which require main-highway locations and serve transient, tourist, and local customers. The objectives of Highway Commercial Districts are:
(a) To encourage commercial development of compact segments of highway frontage,
(b) To provide necessary services at locations convenient to major highway intersections, and
(c) To protect major highways as thoroughfares by controlling access points to the highways.
(Ord. 9-14-20.)
1369.02 PERMITTED USES.
A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes, and no other.
(a) Professional offices, business offices, and clinics.
(b) Restaurants or eating and drinking establishments.
(c) (Commercial, Light) retail stores and services, integrated shopping centers.
(d) Banks, branch offices, financial institutions and services.
(e) Lodging facilities.
(f) (Commercial, Light) service establishments.
(g) (Commercial, Light) minor manufacturing.
(h) Automotive repair garage within an enclosed building no less than one hundred (100) feet from a residential zoned district.
(i) Automotive sales dealership, boat, trailer, farm equipment, service buildings and display lots.
(j) Automotive self-service carwash and cleaning facilities.
(k) Amusement and recreation facilities.
(l) Outdoor special events, sales, fund raising or recreation activities.
(m) Funeral homes.
(n) Motor fuel dispensing facilities, service stations and convenience stores.
(o) Advertising signage.
(p) Parking lots and parking garages.
(q) Public buildings and facilities.
(r) Educational facilities and daycares.
(s) Automobile, boat, recreation vehicles, and farm equipment sales.
(t) Sober living houses
(u) Churches.
(v) Community Commercial Center.
(w) Storage units.
(x) Dog kennels- with a restriction of 250 feet away from a restaurant.
(y) Accessory Use of the above-mentioned permitted uses.
(z) Approved advertising signage and billboards.
(Ord. 9-14-20.)
1369.03 USES PROHIBITED.
The following uses are prohibited in a Highway Commercial District:
(a) Automobile graveyards or disassembly plants.
(b) Coal yards.
(c) Junk yards, secondhand material yards and the storage, boiling, or treatment of junk, old iron, rags, bottles, or scrap paper.
(d) Meat smoking and processing meat for animal foods whether or not incidental to a retail business conducted on the premises.
(e) Rendering lard and other fats.
(f) Slaughtering poultry and animals.
(g) Any process of manufacture, assembly, or treatment which causes an unreasonable nuisance in the surrounding environment.
(Ord. 9-14-20.)
1369.04 SPECIAL EXCEPTIONS OR CONDITIONAL USE PERMIT.
All other uses not specifically and affirmatively defined or set forth or described in these ordinances shall be controlled by the rules, regulations, and all other guidelines promulgated by the City of Summersville Board of Zoning Adjustments and Appeals, and as set forth in West Virginia Code Chapter 8A and all relevant articles and sections.
(Ord. 9-14-20.)
1369.05 DEVELOPMENT STANDARDS.
(a) Minimum lot size - 7,500 sq. ft.; gas stations and drive-in uses - 10,000 sq. ft.
(b) Minimum lot width - 60 feet; gas stations and drive-in uses - 120 feet.
(c) Maximum lot coverage - 50%.
(d) Maximum building or structure height - 50 feet.
(e) Minimum distance between structures - 16 feet; where next to a structure in a residential district, the distance shall not be less than 25 feet.
(Ord. 9-14-20.)
1369.06 BUILDING AND STRUCTURE MINIMUM YARD REQUIREMENTS.
(a) Minimum front yard depth - 25 feet.
(b) Minimum rear yard depth - 15 feet - rear yards which adjoin a residence district - 30 feet.
(c) Minimum depth for each side yard - 15 feet.
(Ord. 9-14-20.)
1369.07 DEFINITIONS.
(a) Professional Offices and Clinics – means an establishment or building for professionals who are registered, licensed, credentialed, or certified to practice their qualified professions as defined by statutory requirements of the professional registration laws of the state in which the professional office or clinic is located.
(b) Restaurant or eating and drinking establishments, fast food, general, or take-out – means an establishment that sells prepared food or beverages for consumption. Can be packaged in paper, Styrofoam or similar materials, and may include on or off the premises, drive-in or drive up facilities for ordering.
(c) Commercial, Light Retail Stores and Services – means establishments that engage in the sale of general retail goods and accessory services. Businesses within this definition include those that conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor sidewalk promotions); businesses specializing in the sale of general merchandise or convenience goods.
(d) Banks, Branch Offices or Financial Services – means an establishment intended for the conduct, service administration by commercial enterprise, or other offices for the conduct of professional or business service.
(e) (1) Motels, Hotels – means a building containing six (6) or more sleeping units intended or designed to be used, or which is used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guest.
(2) Boarding House – means a dwelling containing a single dwelling unit and not more than ten (10) sleeping units, where lodging is provided with or without meals, for compensation for more than one week.
(f) Commercial Light – Service Establishments – means an establishment or business that generally has retail or wholesale sales, office uses, which do not generate noise or other impacts considered incompatible with less intense uses. Typical businesses in this definition are retail stores, wholesale stores, offices, catering services or restaurants.
(g) (Commercial Light) Minor Manufacturing – means the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, meaning fully enclosed with four (4) walls and a roof, and no outside storage, serviced by a modest volume of trucks and vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust, or pollutants.
(h) Commercial, Minor – Automotive Repair – means an establishment primarily engaged in the repair or maintenance of motor-vehicles, trailers and similar mechanical equipment including brake, muffler, upholstery work, tire repair and change, tune-up and transmission work, which is conducted entirely within an enclosed building.
(i) Automotive Sales Dealership, Service Buildings and Display lot – means an establishment suitable for automotive sales, service and display of new or used vehicles and other associated equipment.
(j) Automotive Self-Service Carwash and Cleaning Facilities – means an establishment designed and equipped with coin-operated car washing and cleaning equipment for self-service use.
(k) (1) Amusement Center – means an establishment offering five (5) or more amusement devices, including but not limited to coin-operated electronic games, shooting galleries, table games and similar recreational diversions within an enclosed building.
(2) Recreation, Indoor – means an establishment providing completely enclosed recreation activities. Access uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating, ice skating, billiards, pool, motion picture theaters and related amusements.
(3) Outdoor amusement and recreation facilities – means areas established for outdoor activities for amusement, recreation, exercise, sporting events and other outdoor uses for pleasure or enjoyment.
(l) Outdoor Special Event – by permit for fundraising activities
(m) Mortuary, Funeral Home – means an establishment in which the dead are prepared and processed for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings and/or display of funeral equipment.
(n) Automotive Service Motor Fuel Dispensing Facility – means that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash, and convenience food sales.
(o) Advertising Signage – See Article 1383 for signage regulations and limitations for Highway Commercial.
(p) Parking Lots and Parking Garages – means a cleared area indoors or outdoors that is intended for parking vehicles with minimum requirements.
(q) Public Buildings and Facilities - means any structure or facility operated by a unit of government to serve public needs such as police and fire protection, ambulance, judicial court, or governmental branch offices or departments, public utility agencies or quasi-public agency uses or public improvement service.
(r) Educational Facilities – means any public or private institution providing formal education on all levels including daycare centers.
(s) Automobile, boat, auto trailer and farm equipment sales, service buildings and display lots – means a variety sales dealership, service buildings, and display lot with an integrated variety of different products other than motor vehicles.
(t) Sober Living Houses – means facilities that provide safe housing and supportive, structured living conditions for people exiting addiction rehabilitation programs.
(u) Churches – means a building used for religious activities.
(v) Commercial Center, Community – means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods or services. A community commercial center shall provide for the sale of merchandise, and may include a variety store, discount market or supermarket.
(w) Storage Units – Fully enclosed warehouses or prefabricated buildings on a permanent foundation. No outdoor storage.
(x) Dog Kennels – means any indoor facility where four (4) or more canine animals are kept or permitted to remain. Following Article 505 of the Codified Ordinances.
(y) Accessory Use – means a use conducted on the same lot as the primary structure to which it is related; a use that is clearly incidental to, and customarily found in connection with the permitted use.
(z) Approved signage and Billboards - means a permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of products sold on, or the sale or lease of, the property on which it is displayed.