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Westover City Zoning Code

ARTICLE 1303

Establishment of Districts and Zone Map

1303.01 ESTABLISHMENT OF ZONING DISTRICTS.

   The City is hereby classified and divided into eight (8) districts designated as follows:
District Designation
Primarily For:
R1
Single-Family Residence
R2
Two-Family Residence
R3/C
Multiple-Family Residence/Commercial Business
C
Commercial Business
C-2
Commercial District Two (Commercial Business)
C-3
Commercial District Three (Commercial/Mixed Use)
I
Industrial
I-2
Industrial/Commercial
(Ord. 456. Passed 3-4-19.)

1303.02 ESTABLISHMENT OF ZONING MAP.

   The Official Zoning Map adopted with this Ordinance is hereby established as the Official Zoning Map and Zoning Districts (hereinafter Official Zoning Map) of Westover, West Virginia. The Official Zoning Map designates the respective zoning districts in accordance with this Ordinance. (Ord. 318. Passed 2-4-08.)

1303.03 DETERMINATION AND INTERPRETATION OF ZONING DISTRICT BOUNDARIES.

   (a)   In determining the boundaries of districts, and establishing the provisions applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the City.
   (b)   Wherever any uncertainty exists as to the boundary of a district as delineated on the Zoning Map, the following rules shall govern:
      (1)   Where a zoning district boundary line is shown as following a street, alley, or utility right-of-way, or watercourse, it shall be construed as following the center line of the right-of-way or watercourse.
      (2)   Where a zoning district boundary line appears to follow or approximately coincide with a lot or property ownership line, it shall be construed as following such line.
      (3)   Where a public street or alley is officially vacated, the zoning designation applicable to abutting property on each side of the centerline shall apply up to the centerline of such street or alley.
      (4)   All property lines and dimensions shown on the Official Zoning Map shall be construed to be those property lines and dimensions described in the proper deeds of record for the subject property.
      (5)   Where district boundary lines divide a lot, the more restrictive district regulations shall apply.
      (6)   In the case of further uncertainty, the Board of Zoning Appeals shall interpret the intent of the Zoning Map as to the location of the district line in question. (Ord. 318. Passed 2-4-08.)

1303.04 ZONING OF ANNEXED AREAS.

   Zoning for any area annexed to the City shall be established by ordinance simultaneously with the adoption of the annexation resolution required by the West Virginia Code Article 8-6, as amended. City Council shall hear zoning recommendations for the subject area during the required hearing for annexation. The Municipal Planning Commission shall submit its written recommendation to City Council at least fifteen (15) days prior to the hearing.
(Ord. 318. Passed 2-4-08.)

1303.05 PERMITTED LAND USES.

   The table and supplemental regulations of the Permitted Land Use Table are incorporated in this section and are adopted as the basic land use regulations for the City. The table and supplemental regulations identify the types of land uses that are permitted within the City and any applicable conditions and limitations.
   To determine the zone(s) in which a particular use is allowed, find the use in the list of uses along the left-hand side of the Permitted Land Use Table and read across the use row to find the zone column designations.
   Legend:
      P   Use is permitted by right in a particular zone; a permit is required.
      C   Use is allowed only as a conditional use in a particular zone subject to the limitations and conditions specified; permit is required.
   The uses listed in the Permitted Land Use Table are defined in the Definitions Section 1302.02.
   A description of the supplemental regulations immediately follows the Permitted Land Use Table (Table 1).
   Table 1: Westover's Permitted Land Use
Uses
Zone
Supplemental
Regulations
R-1
R-2
R-3/C
C-2
I
Administrative Office
 
 
P
P
 
 
Airport
 
 
 
 
 
 
Amphitheater
 
 
C
P
 
 
Animal Grooming Service
 
 
P
P
 
 
Animal Shelter
 
 
C
C
P (from NA)
 
Apiaries
C
C
 
 
C
32
Apparel Shop
 
 
P
P
 
 
Appliance Repair Establishment
 
 
P
P
P (from NA)
 
Appliance Sales Establishment
 
 
P
P
 
 
Art Gallery
 
 
P
P
 
 
Art Studio
 
 
P
P
 
 
Assembly Hall
 
C
P
P
C
 
Assisted Living Facility
 
C
C
C
 
 
Athletic Field
C
P
P
P
 
 
Auction House
 
 
P
P
C
1
Automotive/Marine Craft Repair Shop
 
 
P
P
P
1, 2
Automotive/Marine Craft Sales
 
 
P
P
C
 
Automotive Paint Shop
 
 
C
C
P
1, 2
Automotive Rentals/Leasing
 
 
P
P
C
 
Automotive Supply
 
 
P
P
C
 
Automotive Tire Repair/Sales
 
 
P
P
P (from C)
1, 2
Bakery, Retail
 
 
P
P
 
 
Bakery, Wholesale
 
 
P
P
P (from C)
 
Barbershop/Beauty Salon
 
 
P
P
 
 
Bar or Nightclub
 
 
P
P
C
3
Bed and Breakfast Inn
 
 
P
P
 
4
Books and Stationery Establishment
 
 
P
P
 
 
Bowling Alley
 
 
P
P
 
 
Broadcasting Station
 
 
P
P
C
 
Brew Pub
 
 
P
P
C
 
Building Materials Supplier
 
 
P
P
P (from C)
1, 2
Campground
 
 
C
C
 
 
Car Wash/Detailing
 
 
P
P
C
 
Caretaker's Residence
C
C
C
C
 
 
Catering Service Establishment
 
 
P
P
C
 
Cemetery
C
C
P
P
C
 
Charitable, Fraternal, Social Organization
 
 
P
P
 
 
Chemicals-Storage (Tank Farm)
 
 
 
 
C
 
Christmas Trees Sales Establishment
 
 
P
P
 
 
Churches, Places of Worship
C
C
P
P
C
5
Clinic, Medical or Dental
 
 
P
P
 
 
Club or Lodge
 
 
P
P
 
 
Columbarium (acc to Cemetery, Church)
C
C
P
P
C
A
Communications Equipment Building
C
C
P
P
P
 
Community Center
C
C
P
P
 
 
Community Garden
 
P
P
 
 
31
Composting Commercial Operation
 
 
 
 
P
7
Composting (Private)
P
P
P
P
 
A, 6
Conference Center
 
 
P
P
C
 
Contractor's Establishment
 
 
P
P
C
 
Convenience Store, Neighborhood
 
 
P
P
 
 
Country Club
 
 
P
P
C
3
Cremation (sep from Funeral Home)
 
 
 
 
C
S
Dance or Social Club
 
 
P
P
C
3
Dance Instruction or Studio
 
 
P
P
 
 
Day Care Facility, Class 1
P
P
P
P
 
8
Day Care Facility, Class 2
 
 
P
P
 
8
Day Care Facility, Class 3
 
 
P
P
 
8
Department Store
 
 
P
P
C
 
Distribution Center
 
 
C
C
P
 
Dock, Commercial
 
 
C
C
C
9
Dock, Private
 
 
C
C
C
9
Dog Run
C
C
C
C
C
A, 6
Dormitory
 
 
C
C
 
 
Drive-In Theatre/Outdoor (except Adult)
 
 
C
P
C
6
Drive-through Facility
 
 
P
P
C
A, 10
Driving Range, Golf
 
 
C
C
C
 
Drug Store
 
 
P
P
 
 
Dry Cleaning and Laundry Pick-up
 
 
P
P
 
 
Dry Cleaning and Laundry Service
 
 
P
P
C
 
Dwelling, Manufactured Home
P
P
C
C
 
11
Dwelling, Mixed Use
 
 
P
P
C
12
Dwelling, Modular Home
P
P
C
C
 
11
Dwelling, Multi-family
 
 
P
P
C
 
Dwelling, Over-store
 
 
P
P
C
13
Dwelling, Single family
P
P
C
C
 
11
Dwelling, Townhouse
 
C
P
P
 
14
Dwelling, Two-family
 
P
P
P
 
14
Electrical Repair Shop
 
 
P
P
P
 
Emergency Shelter
C
C
P
P
P
 
Employment Agency
 
 
P
P
 
 
Equipment or Furniture Rental Establishment
 
 
P
P
C
 
Essential Services and Equipment
P
P
P
P
P
 
Exterminating, Fumigating Service Establishment
 
 
P
P
P
 
Fairground, Carnival, Circus-Permanent
 
 
C
C
C
 
Fairground, Carnival, Circus- Transient
 
 
C
P
C
 
Farm Equipment or Supplies Sales Establishment
 
 
P
P
C
 
Farm Products - Raw Materials Sales
 
 
P
P
C
 
Farmers' Market
 
 
P
P
C
 
Financial Services Establishment
 
 
P
P
 
 
Florist Shop
 
 
P
P
 
 
Fraternity or Sorority House
 
 
P
P
 
 
Funeral Home (w/o crematorium)
 
 
P
P
C
 
Funeral Home Crematorium
 
 
C
C
C
S, A
Furniture Sales Establishment (all types)
 
 
P
P
 
1
Gambling/Video Gaming Establishment
 
 
C
P
P
15
Garage, Bus
 
 
P
P
P
 
Garage or Carport (Detached)
P
P
P
P
P
A
Garden Center
 
 
P
P
C
1, 2
Garden, Home
P
P
P
P
 
A, 16
Gas Station Mini-Mart
 
 
P
P
P (from C)
16
Gasoline Service Station
 
 
P
P
P
16
Glass-Cutting, Coating, Tenting, Establishment
 
 
C
C
P
 
Go-Kart Track Facility
 
 
C
C
 
Z, 6
Golf Course
 
 
C
C
C
 
Government Facility
P
P
P
P
P
 
Greenhouse, Non-Commercial
P
P
C
C
 
 
Greenhouse, Commercial
 
 
P
P
P
 
Grocery Store
 
 
P
P
 
 
Group Residential Facility
P
P
P
P
C (from NA)
 
Group Residential Home
P
P
P
P
C (from NA)
17
Guest House
C
C
 
 
 
17
Halfway House
 
C
C
C
 
17
Hardware Store
 
 
P
P
 
1
Health/Sports Club
 
 
P
P
 
 
Heavy Machinery Sales
 
 
C
C
P
 
Heliport or Helipad
 
 
C
C
C
 
Historic or Monument Site
P
P
P
P
P
 
Home Improvement Center
 
 
P
P
C
1, 2
Home Occupation, Class 1
P
P
P
P
P
A, 18
Home Occupation, Class 2
C
C
C
C
C
18
Hospital or Sanitarium
 
 
P
P
 
 
Hotel
 
 
P
P
 
 
Hypermarket
 
 
P
P
 
1, 2
Industrial Equipment Repair Establishment
 
 
C
C
P
1, 2
Industrial Park
 
 
 
 
P
1, 2
Industrial Supplies Establishment
 
 
P
P
P
 
Industry, Heavy
 
 
 
 
P
1, 2
Industry, Light
 
 
C
C
P
1, 2
Instructional Studio
 
 
P
P
P
 
Janitorial Service Establishment
 
 
P
P
 
 
Junkyard
 
 
 
 
C
7a
Kennel, Commercial
 
 
 
 
C
19
Kennel, Private
 
 
 
 
 
 
Laboratories
 
 
C
C
C
 
Landfill-Earth
 
 
 
 
C
7
Landfill-Sanitary
 
 
 
 
C
7
Laundromat/Laundry Service
 
C
P
P
C
 
Library
C
C
P
P
C
 
Limousine Service Establishment
 
 
P
P
 
20
Liquor/Beer/Wine Sales (no consumption)
 
 
P
P
 
21
Locksmith
 
 
P
P
P
 
Lodging or Rooming House
 
 
P
P
 
 
Manufactured Housing Sales
 
 
P
P
C
 
Manufacturing, Heavy
 
 
 
 
P
1, 2
Manufacturing, Light
 
 
C
C
P
1, 2
Marina, Commercial
 
 
P
P
P
9
Marina, Private
 
 
P
P
P
9
Marine Supplies Establishment
 
 
P
P
P
9
Miniature Golf
 
 
P
P
 
 
Mineral Extraction/Quarry
 
 
 
 
C
22
Motel
 
 
P
P
 
3a
Motorcycle Sales Equipment
 
 
P
P
 
 
Movie Theater (except Adult)
 
 
P
P
 
 
Museum
 
 
P
P
C
 
Newsstand
 
 
P
P
C
 
Nursery, Plant
 
 
P
P
P
 
Nursing Home
 
 
P
P
 
 
Office Building
 
 
P
P
C
 
Office Equipment Repair Establishment
 
 
P
P
P
 
Office, Medical
 
 
P
P
 
 
Office Park
 
 
P
P
 
 
Office Supplies Establishment
 
 
P
P
C
 
Oil Change Facility
 
 
P
P
P
 
Outdoor Flea Market
 
 
C
C
C
 
Outdoor Storage
 
 
C
C
P
 
Outdoor Storage, Seasonal
 
 
C
C
P
 
Park and Recreational Services
C
C
P
P
C
23
Parking Lot, Commercial
 
 
C
C
C
24
Parking Lot, Private
 
 
C
C
C
24
Parking Structure
 
 
C
C
C
24
Passenger Station, Motor Bus, Railroad
 
 
P
P
C
 
Pawnshop
 
 
P
P
 
 
Penal/Correctional Institution
 
 
 
 
C
 
Performing Arts Center
 
 
P
P
 
 
Personal Services Establishment
 
 
P
P
 
 
Personal Storage Facility
 
 
P
P
C
25
Petroleum-Manufacturing (refining, related)
 
 
 
 
C
22
Petroleum-Storage (Tank Farm)
 
 
 
 
C
22
Petroleum-Wholesale (Bulk)
 
 
 
 
C
22
Pet Shop
 
 
P
P
 
 
Photo Finishing Establishment (on-site processing
 
 
C
C
P
 
Photography Studio (commercial, portrait)
 
 
P
P
 
 
Printing or Publishing Establishment
 
 
P
P
P
 
Private Club
 
 
C
C
C (from NA)
3
Professional Services Establishment
 
 
P
P
C
 
Recreational/Sports Facility (Group)
 
 
P
P
C
23, 26
Recyclable Collection Center
 
 
C
C
P
7
Recycling Center
 
 
C
C
P
7
Refuse Incineration
 
 
 
 
C
7
Rental Services (except heavy machinery)
 
 
P
P
C
 
Repair, Small Engine and Motor Shop
 
 
P
P
P
 
Research and Development Center
 
 
P
P
C
 
Residential Garden
P
P
P
 
 
A, 31
Restaurant
 
 
P
P
C
Z, 3
Restaurant with Drive-in
 
 
P
P
 
Z, 10
Restaurant, Family
 
 
P
P
 
Z
Restaurant, Fast Food
 
 
P
P
 
Z
Restaurant, Private Club
 
 
C
C
C
Z, 3
Restaurant, Private Wine
 
 
P
P
C
Z, 3
Retail Sales Establishment
 
 
P
P
C
 
Re-use of Closed/Vacant School or Church
C
C
C
C
C
27
Salvage Yard
 
 
 
 
C
7
Satellite Dish/Antenna (under 30")- Private
P
P
P
P
P
A
Satellite Dish/Antenna (over 30")- Private
C
C
C
C
C
 
School (K-12), Private
 
 
C
C
 
 
Sewage or Solid Waste Disposal
 
 
 
 
C
7
Sewage Treatment Facility
 
 
 
 
C
 
Sexually Oriented Business
 
 
 
 
C
 
Shooting Range, Indoor and Outdoor
 
 
C
C
C
Z, 6
Shopping Center
 
 
P
P
 
 
Sign Fabricating or Painting Establishment
 
 
P
P
P
 
Signs (Off-Premises)
 
 
C
C
C
 
Skating Rink-Indoor/Outdoor
 
 
P
P
 
 
Slaughtering/Slaughter House
 
 
 
 
C
6, 19, 22
Snack Bar/Snack Shop
 
 
P
P
C
Z
Solid Waste Transfer Station
 
 
 
 
P
7
Sporting Goods/Firearms Sales Establishment
 
 
P
P
 
 
Swimming Pool-Community
C
C
C
C
 
28
Swimming Pool-Private, Individual
C
C
C
C
 
A
Swimming Pool-Private, Organization
 
 
C
P
C
28
Tattoo Parlor
 
 
C
P
 
 
Tavern
 
 
P
P
C
 
Taxicab Service
 
 
P
P
P (from NA)
20
Telecommunications Class I
P
P
P
P
P
A, 29
Telecommunications Class II
 
C
P
P
P
29
Telecommunications Class III
 
 
C
C
C
29
Television or Radio Studio-Commercial
 
 
P
P
C
 
Television or Radio Studio-Private
C
C
C
C
C
A
Theater
 
 
C
P
C
 
Travel Agency, Bureau
 
 
P
P
 
 
 
Travel Trailer Park
 
 
C
C
 
30
Terminal, Bus
 
 
P
P
C
 
Terminal, Truck or Motor Freight
 
 
C
C
P
 
University or College, Private
 
 
C
C
C
 
Urban Farm
 
 
 
 
P
31
 
(Ord. 385. Passed 4-1-13; Ord. 406. Passed 3-2-15; Ord. 464. Passed 6-3-19; Ord. 507. Passed 10-4-21; Ord. 512. Passed 12-20-21; Ord. 520. Passed 5-2-22; Ord. 521. Passed 5-2-22; Ord. 562. Passed 8-19-24.)

1303.06 SUPPLEMENTAL REGULATIONS PERTAINING TO LAND USE TABLE.

   (A)   This use is designed to be an accessory (and not a primary use) of the property.
   (S)   This land use is meant to be treated separately from any other land use that might be occurring on the property.
   (1)   All storage associated with any such use or establishment shall be indoors in the R1 and R2 Districts (if the listed use or establishment is permitted in that district). It is a conditional use in R3/C Districts, requiring approval (if the listed use or establishment is permitted in that district). Outdoor storage is permitted in an Industrial District, subject to appropriate City, State, and federal rules, regulations, ordinances, and laws (if the listed use or establishment is permitted in that district).
   (2)   All activities associated with any such a use or establishment shall be indoors in the R1, R2, and R3/C Districts (if the listed establishment or use is permitted in that district). Outdoor activities are permitted in an Industrial District, subject to appropriate City, state, and federal rules, regulations, ordinances, and laws (if the listed establishment or use is permitted in that district).
(Ord. 406. Passed 3-2-15.)
   (3)   All establishments that serve on-premises alcohol shall comply with the following:
      (a)    A private club which is permitted to sell liquor, beer and wine, and which is located in the R-3/C District, shall have as its principal purpose of business serving meals, on its premises to its patrons and to members of the club and their guests. For the purposes of this section, the term "meal" shall not include the serving of packaged potato chips and similar products; packaged crackers; packaged nuts; packaged desserts; and bar sausages and similar products in accordance with the State of West Virginia as defined in its Legislative Rules and Regulations pertaining to Private Club Licenses.
      (b)    In the R-3/C District, no applicant may be licensed as a private club under a conditional use which has not been in operation for at least one year as a restaurant before applying for a conditional use. However, if the applicant owns a similar restaurant as the one being proposed, the Board of Zoning Appeals may consider this as meeting this requirement.
      (c)    In the R-3/C District, a hotel, convention/conference center which serves meals and services to private functions shall be exempt from the requirements of this subsection when liquors are served only in an area of the building accessible from an internal part of the building. A hotel's bar facilities may serve to the general public after 9 p.m.
      (d)    Food and non-alcoholic beverages shall comprise a minimum of 50 percent of the total gross sales of all food and drink items each calendar month.
      (e)    Private clubs shall provide a seating capacity for at least 50 people, at a table or counter maintained for the principal purpose of serving meals. Seats at a bar, which is primarily serving alcoholic beverages, shall not be counted as meeting the minimum seating capacity of the establishment. Liquor may be served either at seats intended primarily for dining, or at any bar area within the restaurant, with or without an accompanying meal.
      (f)    Liquor shall not be served later than 1:00 a.m., except on New Year's Eve.
      (g)    The private club licensee shall, at the time of each sale or at the time of payment, record the amount of revenue derived from the sale of liquor and alcoholic beverages separately from the amount of revenue derived from the sale of food and nonalcoholic beverages.
      (h)    During each calendar month, the club licensee shall maintain and preserve accurate records to prove compliance to the City's Finance Director. All records required from paragraph (g) hereof, above shall be made available for review and audit if requested by the Director. The records for each month shall be preserved for not less than 24 months.
      (i)    Quarterly, the private club licensee shall send to the City Finance Director summaries showing the amount of revenue derived from liquor and alcoholic beverages versus the amount derived from the sale of food and non-alcoholic beverages.
      (j)   The specific locations at which private club licenses existing in the R-3/C District on the date of this Ordinance shall become legal non-conforming uses and subject to the requirement of this Ordinance.
      (k)    Existing non-conforming uses of private clubs in the R-3/C District may apply to become approved conditional uses under the requirements of this Ordinance.
   [These rules are mostly for private clubs. The note can be carried over Brew Pub, if desired. Also, the supplemental regulations probably need to be checked against state law, which has changed with regard to alcohol sales, to ensure there is no conflict - for which state law would take precedence.] (Ord. 507. Passed 10-4-21.)
   (3a)   A Full-Service Hotel or Full-Service Motel with ten (10) or more separate guest rooms that also has an accessory restaurant within the same building may have a private club located within the establishment.
   (4)    Bed and breakfast inns shall comply with the following:
      (a)    The structure should be virtually indistinguishable from the surrounding buildings.
      (b)    Breakfast (or brunch) shall be the only meal served.
      (c)    The meal shall be served to overnight guests only.
      (d)    Parking must be paved and drained as approved by the Mayor or Building Inspector, with one space per guest room.
   (5)   Churches and Places of Worship shall meet the following requirements:
      (a)   A minimum lot size of 15,000 sq. ft. is required;
      (b)   Churches and religious facilities may include customary accessory uses including gymnasiums, daycare, classroom, meeting rooms, etc.
      (c)   Where the Land Use Table does not provide equal treatment of a religious institution and a similar but secular use, the secular use shall override.
   (6)   Such property uses are not to cause a nuisance (through site, odor, noise, attraction of pests, etc.) for neighboring property.
   (7)    Waste disposal and handling facilities, including but not limited to recycling facilities, composting operations and refuse incinerators, shall be permitted subject to the following conditions:
      (a)   Unloading areas for materials shall not be less than 50 feet from any adjoining property, unless unloading is conducted entirely within a building.
      (b)    Portions of a site used for truck maneuvering or the storage, bailing, processing, or other handling of materials must be enclosed by an opaque fence or wall within a non-glare finish not less than six (6) feet in height.
      (c)    Loading and unloading areas must be paved.
      (d)    The site must be kept clear of litter, scrap paper, or other refuse matter.
      (e)    Chemical or heating processes shall not be conducted on materials.
      (f)    Sites shall be screened with landscaping, or an opaque fence or wall to a height of at least six (6) feet.
   (7a)   Junkyards shall comply with the following additional regulations:
      (a)   The area to be occupied by the junkyard shall be located at least three hundred (300) feet from any residential district.
      (b)   Every junkyard operation shall either be conducted wholly within a substantially constructed building or within an area which shall be surrounded completely on all sides by a continuous solid fence, except for entrances and exits constructed of brick or wood and kept in repair so that the fence shall hide from view any part of the junkyard and its contents. The fence shall be at least eight (8) feet in height and shall be constructed at street corner intersections so as to permit adequate vision clearance on the street. If the fence is constructed of wood, it shall be completely painted.
      (c)    No junk shall be loaded, unloaded or placed outside the enclosure fence, temporarily or permanently, either on the property or in the public right- of-way.
      (d)    Every junkyard shall be conducted so as not to create a nuisance for reason of noise or disagreeable odors or fumes. The loading or unloading of junk and the use of breakup hammers shall be carried on during the normal daylight business period only.
      (e)    All premises used as a junkyard shall be maintained in a clean, sanitary and neat condition so that rats, vermin and fire hazards shall be reduced to a minimum and the accumulation of anything not defined as junk, including waste and foodstuffs and similar materials, shall not be permitted.
   (8)   Day Care Facilities, Class 2 and Class 3 shall comply with the following:
   Permitted as a home occupation with a conditional use permit and subject to the following requirements:
      (a)   An outdoor recreation area may be approved by the Board of Zoning Appeals upon consideration of the care provider's operations plan and site-specific circumstances so as to assure personal safety and to minimize offsite impacts upon adjacent properties.
      (b)    There shall be no swimming pool on-site.
      (c)    An on-site outdoor recreation area, if provided, shall be enclosed by a minimum three-foot high solid wall or fence with self-latching gate.
      (d)    There shall be no structural additions or equipment not customary in a residential dwelling except those modifications required under State regulations for Child Care Facilities, Building Code or Fire Code regulations pertaining to this class of day care facilities.
   (9)    Marinas and dock facilities shall comply with the following regulations:
      (a)    All applicable federal and state rules and permit requirements shall be complied with.
      (b)    The use shall be designed and operated to maintain compatibility with natural resources and to minimize impacts on adjoining properties with regard to noise, traffic, glare, odor, and dust.
      (c)    No portion of the primary facility shall be within thirty (30) feet of the riparian line of an adjoining use.
      (d)    All structures and other activities must be within the riparian rights area of the applicant and must be designed in a manner that will not restrict or otherwise infringe upon the riparian rights of adjacent riparian owners.
   (10)    Drive Through Facilities shall be considered an accessory use in those districts where it is permitted.
   (11)   All Single-Family Dwelling Units, regardless of construction or composition, shall comply with the following design standards regardless of the zoning district in which they are located:
      (a)   Roof pitch shall be a minimum of 3:12.
      (b)    Roofing material shall be of a type that is in compliance with the West Virginia State Building Code.
      (c)    Roof overhand or eaves shall be designed for a minimum of six (6) inches as measured from the vertical side of the building and not including rain gutters, which are required.
      (d)    The unit's exterior finish shall be wood siding, vinyl siding, composite siding (cement board), stone, brick or other material approved by the West Virginia State Building Code.
      (e)    A perimeter enclosure is required in accordance with the West Virginia State Building Code. For manufactured housing units, all tow bars, axles and wheels shall be removed. The housing unit shall rest on a required center support and meet tie- down requirements per the West Virginia State Building Code.
      (f)    No housing unit shall be less than twenty-four (24) feet in width.
         (Ord. 406. Passed 3-2-15.)
   (12)    Mixed-Use Dwelling Units shall comply with the following:
      (a)    Shall be buildings that are primarily residential with a subordinate amount of commercial or office space located on the ground floor and in the front of the building facing the primary street frontage. The commercial or office space shall not be less than 20 percent and not more than 60 percent of the ground floor area.
      (b)    Residential units may be on the ground floor, but shall not access the building from the front facade located on the primary street.
      (c)    Parking shall be at least one (l) parking space for each residential unit, plus twenty- five (25) percent of the usual non-residential parking requirement.
   (13)    Over-Store Dwelling Units shall comply with the following:
      (a)    The total gross floor area of such units cannot equal or exceed the total gross floor area of the office or commercial portion of the building. If the total gross floor area of the residential portion equals or exceeds that of the non-residential portion, then the residential use shall be considered the principal use of the land and the building shall be considered a mixed-use dwelling.
      (b)    Parking shall be in accordance with the commercial or office use of the building.
   Tenants of the residential portion of the building shall be allowed to freely use the parking lot associated with the non-residential portion of the building.
      (c)    No such units may be on the ground floor or street level of any building.
         (Ord. 507. Passed 10-4-21.)
   (14)   The conversion of single-family residential dwellings to two-family residential dwellings or duplex dwellings shall comply with the following:
      (a)    The maximum number of dwelling units after conversion is limited to two (2).
      (b)    Each dwelling unit shall contain within the unit a complete kitchen, toilet and bathing facility; shared facilities shall not be permitted.
      (c)    The appearance of a single-family dwelling unit shall be maintained. For the converted structure, necessary changes in the number or placement of windows to provide adequate light and air will be allowed, but shall be minimized; any changes which occur shall be consistent with the architectural character of the dwelling. No staircases shall be allowed in the front of buildings to access upper floors.
      (d)    Except for parking in driveways, no parking spaces shall be located in the front yard. Parking areas shall be designed so that each vehicle has access to the street without the necessity of moving another vehicle. All newly constructed driveways and parking spaces shall be set back a minimum of five (5) feet from all property lines.
      (e)    Off-street parking improvements shall be provided at a ratio of up to two (2) spaces per unit.
      (f)   Certification of adequate sewer and water services for each dwelling unit shall be provided by the applicant.
      (g)   Basement or cellar dwelling units shall be permitted only if all exterior walls of the dwelling unit are at least four (4) feet above the average finished grade of the level adjoining ground.
      (h)   The conversion shall comply with the intensity of use regulations for the zoning district. (Ord. 318. Passed 2-4-08.)
   (15)   Gambling or Video Gaming Establishments shall comply with the following conditions:
      (a)   May locate no closer than 500 feet from another video gaming or lottery establishment in an R-3, C, or I District. May not locate closer than 150 feet from another video gaming or lottery establishment in the C-2 District. Proof that the establishment meets this distancing requirement shall be submitted by the applicant to the Planning Commission in a form approved by the Planning Commission.
      (b)    May locate no closer than 500 feet from a place of worship, school, hospital, nursing home, assisted living facility and residential uses of all types in an R-3, C, or I District. May not locate closer than 300 feet from a place of worship or school in the C-2 District. Proof that the establishment meets this distancing requirement shall be submitted by the applicant to the Planning Commission in a form approved by the Planning Commission.
      (c)    Subject to all applicable zoning regulations including parking, signage, landscaping, etc.
      (d)    Subject to all applicable State regulations.
      (e)    The 500 foot buffer provided in paragraphs (a) and (b) above shall be measured as the shortest distance between any portion of both buildings. The 150 foot buffer provided in the paragraph (a) shall be measured as provided for in W.Va. Code 29-22B-1202. The 300 foot buffer provided in paragraph (b) above shall be measured as the shortest distance between any portion of both buildings.
      (f)    For the purpose of paragraph (b) above, a place of worship shall be defined as an institution which qualifies as tax exempt under the provisions of 26 U.S.C. §501(c)(3), within which weekly religious services are offered to the congregation and/or the general public.
         (Ord. 385. Passed 4-1-13.)
   (16)   Plans for the erection or structural alteration of a filling station shall be approved by the Commission prior to the issuance of a building permit by the Building Inspector for such improvement. The Commission may require such changes in the plans with respect to yards, location of driveways, pumps, buildings and structures as it may deem best suited to insure safety, minimize traffic hazards and safeguard adjacent properties. In no case shall any service pump or island with pumps be located less than twelve (12) feet from any (the street) property line.
   (17)   Group Homes and Halfway Houses must be in full compliance with all applicable state rules and regulations, including licensure (if applicable).
   (18)   Home Occupations shall be permitted when the following conditions can be met:
      (a)   A Home Occupation Class 1 is considered an accessory use, and is personal to the applicant, is not transferable to any other person, and does not apply to any other business of the applicant. Business activities include, but are not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes, or e-mail; preparing or maintaining business records; word and data processing; and telephone, mail order, and off-premise sales.
      (b)   A Home Occupation Class 2 is considered a conditional use, and is personal to the applicant, is not transferable to any other person, and does not apply to any other business of the applicant. They include the following:
         (l)    Professional offices such as architects, brokers, counselors, clergy, engineers, insurance agents, real estate agents, lawyers, accountants, editors, publishers, journalists, cleaning services, salespersons, travel agents, and psychologists where some clientele may be required.
         (2)    Personal services, such as barbershops, beauty parlors, manicure and pedicure shops, catering, chauffeuring services, and physical therapists (no more than 2 people being tended to at any one time).
         (3)    Instructional services such as music, dance, art and craft classes, and tutoring (no more than 2 people being instructed at any one time).
         (4)    Repair services for small appliances, computers, watches and clocks, electronic devices.
         (5)    Workrooms for tailors, dressmakers, milliners, and craft persons, including jewelry making, cabinetry and woodworking.
      (c)    Home Occupations shall not include dance studios, commercial repair or storage of automobiles, medical or dental clinics or offices where patients are treated, restaurants, bars/nightclubs, mortuary or funeral establishments, boarding/rooming/tourist homes, kennels, stables, veterinarian clinics/hospitals, nor adult uses. Uses not specifically mentioned shall be reviewed by the Planning Commission to determine if they are Class 1, Class 2 or not permitted. Such a decision may be appealed to the Board of Zoning Appeals.
         (1)    The following regulations apply to both classes of home occupations:
            A.    A home occupation shall be compatible with residential uses of the dwelling, shall not change the residential character of the dwelling, and shall not detract from the residential character of the neighborhood.
            B.    A home occupation shall produce no detectable fumes, odors, dust, heat, noise, vibration, glare, electro-magnetic field, electrical interference or other effects outside the dwelling, including transmittal through vertical or horizontal party walls.
            C.    A home occupation shall not require fixed installation of equipment or machinery that substantially changes the residential character of the dwelling.
            D.    A home occupation shall occupy not more than twenty-five (25) percent of the floor area of the principal structure, and shall not require internal or external alterations or construction features not customary to a residential dwelling.
            E.    A home occupation shall be conducted entirely within the principal building. No home occupation shall be conducted outdoors or in any accessory building or garage, except that parking of a vehicle used in conducting the business and/or simple storage of materials or goods used in association with the business may be permitted in such buildings.
            F.   Vehicles used in association with the business cannot exceed 6,000 lbs. gross vehicle weight. Trailers used to transport equipment, goods and materials used in association with the business cannot exceed sixteen (16) feet in length, measured from the tongue to the farthest rear extension of the trailer.
            G.    Except as required by State law, there shall be no exterior indication of the home occupation, no exterior signs, nor any other on-site advertising visible from the exterior.
            H.    A home occupation shall not involve on-site employment of persons not residing in the dwelling, except as otherwise provided in this Ordinance.
            I.    A home occupation shall register as a business with the City and shall pay applicable business and occupation taxes.
            J.    If the applicant is not the owner of the property at which the home occupation will be conducted, the applicant must verify that written notice of intention to conduct the home occupation has been given to the owner of the property, and the application shall be accompanied by a copy of the letter by which notice was provided to the owner of the property.
            K.    No sexually oriented business, as defined herein, may be permitted as a home occupation.
            L.    Merchandise delivery and/or pick-ups to and from the premises that are associated with the home occupation, and that utilize a commercial delivery service or the United States Postal Service, shall not exceed two (2) per day.
         (2)    The following regulations apply to Home Occupations, Class 2:
            A.    If any resident living within 300 feet of a Home Occupation, Class 2 believes that it is being conducted in violation of the imposed conditions or believes that the home occupation is detracting from the residential character of the neighborhood, the resident can submit a petition for revocation of the conditional use permit. If the Planning Commission is unable to resolve the problem informally, it will be placed on the agenda of the Board of Zoning Appeals for a public hearing. On the basis of evidence introduced at this hearing, the Board may suspend or revoke the conditional use permit temporarily or permanently, or impose additional restrictions on the conduct of the business.
            B.    After a Home Occupation, Class 2 conditional use permit is granted, if the holder of the permit wishes to make any change in the conduct of the business that departs from the description in the application or from any other conditions or restrictions imposed by Board of Zoning Appeals, the holder of the permit must obtain prior permission of the Board on the basis of a new application.
            C.    Retail sales shall not occur on the premises on a regular basis or in substantial volume, such that customer visitation to the premises exceeds three (3) customers per day. The Board of Zoning Appeals shall decide if the proposed type and volume of retail activities is reasonable when considering the conditional use permit application.
            D.   The application for a Home Occupation, Class 2 conditional use permit must be filled out completely, or the application shall be deemed to be incomplete and shall not be considered by the Board of Zoning Appeals.
   (19)   Outdoor Kennel and storage areas shall not be visible from streets and/or adjacent properties.
   (20)    Limousine, Taxicab Service Establishments, Bus Terminals, Freight Terminals, and similar businesses shall comply with the following standards:
      (a)    All on-site repair and/or maintenance of vehicles shall be conducted entirely within an enclosed building.
      (b)    All outdoor storage of associated vehicles shall be entirely enclosed within a screened area surrounded by a privacy fence not less than 6 feet in height.
   (21)    No on-premises consumption is permitted.
   (22)    Extraction, refining, and chemical facilities and related activities, shall be permitted subject to the following conditions:
      (a)    Unloading areas for materials shall not be less than 50 feet from any adjoining property, unless unloading is conducted entirely within a building.
      (b)    Portions of a site used for truck maneuvering or the storage, bailing, processing, or other handling of materials must be enclosed by an opaque fence or wall within a non-glare finish not less than six (6) feet in height.
      (c)    Loading and unloading areas must be paved.
      (d)    The site must be kept clear of litter, scrap paper, or other refuse matter.
      (e)    Sites shall be screened with landscaping, or an opaque fence or wall to a height of at least six (6) feet.
   
   (23)    Park and Recreation commercial uses, such as miniature golf, go-cart tracks, swimming pools and so forth, shall not be permitted in residential districts unless owned and operated by an agency exempt from the regulations of this Ordinance.
   (24)   Parking areas shall comply with the following:
      (a)    Restricted accessory parking areas may be established under the following circumstances:
         (1)    As off-premise parking for permitted uses within a zoning district.
         (2)    In residential districts, no more than one side of an accessory parking area shall abut a residential use.
         (3)    Lighting abutting a residential use shall be low-level and shall not directly illuminate adjacent property.
         (4)    A restricted accessory parking lot shall be consistent with the provisions of the Comprehensive Plan.
      (b)    Where the provisions of landscaping and screening are not deemed adequate by the Board of Zoning Appeals, for protection of abutting land uses, the Board of Zoning Appeals may require that such parking area be screened from adjoining properties by a six (6) foot high, predominantly opaque fence or wall, or by plantings.
      (c)   Uses not involving permanent development shall be permitted in the Floodway and Floodway Fringe districts after site plan approval by the Planning Commission, subject to conditions necessary to protect the public interest.
   (25)    Self Storage and related facilities must comply with the following:
      (a)    Storage facilities should utilize a masonry (brick, stone, or split-face decorative block) facade on all vertical wall surfaces visible from a public street or from any residentially zoned or used property.
      (b)    The use of shiny metal roofing or unfinished metal roofing should not be allowed. Metal roofs should be finished in a neutral, earth-tone color that does not unduly call attention to the buildings. Examples of colors that should be avoided include, but are not limited to: orange, red, yellow, white, etc. When such facilities are located near residentially zoned or used properties, roofing materials should be comparable to those used on the adjacent residential buildings.
      (c)    Security fencing surrounding such facilities should be ornamental in character, and of a type that is unobtrusive to nearby residentially zoned or used properties. Examples of ornamental fencing include, but are not limited to, wrought iron, or similar fencing, wooden privacy fencing, vinyl coated chain link fencing, masonry, landscape buffers that are double the normal requirements; and earth tone colors, etc.
      (d)    Parking requirements for such facilities are found in elsewhere this Ordinance.
   (26)    Recreational sports facility shall comply with the following.
      Arena, auditorium, or stadium:
      (a)    Primary means of access to the use shall not be by local streets in residential areas.
      (b)    Lighting of the facility shall not interfere with surrounding areas or traffic flow.
      (c)    Where deemed necessary by the Board of Zoning Appeals, in order to protect adjoining property or the safety of users of the facility, fencing of the facility shall be required.
   (27)    The reuse of a structure previously used for non-residential purposes and listed on the National Register of Historic Places shall comply with the following:
      (a)    Uses shall be limited to the following:
         (1)   Professional offices such as architects, brokers, counselors, clergy, engineers, insurance agents, real estate agents, lawyers, accountants, editors, publishers, journalists, salespersons, travel agents, and psychologists including such accessory uses that would permit the general public access to the historic structure for community events.
         (2)    The Planning Commission shall make the determination whether an unlisted use is similar to a listed permitted use. Such decision can be appealed to the Board of Zoning Appeals.
      (b)    The following performance standards shall be met:
         (1)   The use shall be maintained in an existing structure.
         (2)    Any exterior renovations shall be compatible and comply with the Secretary of the Interior's Standards for Rehabilitation.
         (3)    No goods, wares, or merchandise shall be commercially stored, displayed, created, exchanged, or sold on the premises.
         (4)    The use may not create a nuisance due to noise, vibration, smoke, electrical interference, dust, heat, glare, or obnoxious odor.
         (5)    No outside storage of equipment or materials shall be permitted.
         (6)    Garbage collection areas shall be completely screened from view.
         (7)    One monument sign not to exceed 12 square feet shall be permitted. The sign shall be reasonably landscaped and properly maintained.
         (8)    The Board of Zoning Appeals may limit the hours of operation.
         (9)    The Board of Zoning Appeals may limit the hours that delivery vehicles used to deliver goods are permitted.
         (10)   Requirements for parking shall conform to parking and loading regulations.
   (28)    Swimming pools to be used primarily by individuals other than the property owners and immediate family shall comply with the following:
      (a)    No pool or accessory facilities shall be located less than 100 feet from any lot line of a residential district.
      (b)    The Health Department shall certify the adequacy of the locations and the capacities of toilet, shower and dressing facilities for bathers and the adequacy of the proposed pool purification system.
      (c)    The use in a residential district of any radio, recording device, public address system or other speaker shall be restricted solely to that necessary for safety purposes of organized sport activities, and shall not be used for the playing out-of-doors of music or other entertainment.
      (d)    The pool or zoning lot shall be surrounded by a wall or fence no less than 6 feet high, nor more than 10 feet high, which can be locked when the pool is not guarded.
   (29)    Telecommunications Facilities shall comply with the following standards:
      (a)    Permitted Classes.
         (1)    Class I Telecommunications Facilities shall include but are not limited to such facilities as television antennas, ham radio antennas, am/fm reception. Any Class I facility cannot be utilized for cell phone reception.
         (2)    Class II Telecommunications Facilities shall include but are not limited to such facilities as antennae and associated electronic equipment designed expressly for use by cell phone companies, as regulated under the Federal Telecommunication Act of 1996, that is not intended to be supported by or attached to a new telecommunications tower, as defined.
         (3)    Class III Telecommunications Facilities shall include but are not limited to such facilities as antennae and associated electronic equipment that is supported by or attached to a new telecommunications tower, as defined herein, and is designed expressly for use by cell phone companies, as regulated under the federal Telecommunications Act of 1996.
         (4)    Nothing in this section is construed to regulate home satellite dishes, whether such dish is used for television reception or other purposes.
      (b)    Standards for Facilities.
         (1)    Class I Facilities.
            A.    Permitted in any zoning district;
            B.    Maximum height of sixty (60) feet above grade;
            C.    Standard Building Permit required; and
            D.    A structural engineer shall certify that the design of such structure is such that in the event of structural failure, no part of the structure will encroach upon any adjoining property or public right-of-way.
         (2)    Class II Facilities.
            A.    Permitted as a conditional use in R-2 Districts. Permitted in R-3/C and I Districts.
            B.    Antenna or associated electronic equipment shall be designed for co-location on an existing, permitted telecommunications tower, or attachment to an existing building, water tank or other existing structure. Unless specifically being attached to an existing, permitted telecommunications tower, these facilities must be designed utilizing the latest stealth technologies as defined in this Ordinance. They may be attached to an existing, permitted telecommunications tower as a co-location, as per the requirements of this Ordinance.
            C.    Approval shall be provided under the standards for a Development of Significant Impact.
         (3)   Class III Facilities.
            A.    Permitted as a conditional use in R-3/C and I Districts.
            B.    Class III is reserved for applicants seeking to erect a new tower structure, with associated antennae and electronic equipment;
            C.    Towers shall be designed in such a manner as to permit future collocation of other carrier's antennae, rather than construction of additional single-use towers;
            D.    Minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques;
            E.    Security fencing shall be provided around the equipment shed. A clear zone shall be at a distance of 1.5 times the tower height around the base within which there are no existing buildings;
            F.    Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or determined to be structurally unsound.
      (c)   If the erection or installation of a telecommunications facility has the potential to cause an impact on an historic property, as determined by the Planning Commission, then the application for the telecommunications facility shall include completion of the Section 106 review process of the National Historic Preservation Act.
   (30)    Travel Trailer Parks shall comply with the following:
      (a)    The maximum period of time that any trailer may be located in a travel trailer park shall be 14 days.
      (b)    Within a travel trailer park, trailers shall be spaced a minimum of 15 feet apart.
      (c)    The park shall provide water, sewage, and electric hook-ups for each trailer. Each park shall have toilet and shower facilities available for use by trailer occupants, and such facilities shall be reviewed and approved by the Health Department prior to final action. All utilities shall meet the requirements of the Sanitary Board or Health Department, whichever is applicable.
      (d)    The park shall contain drainage facilities in accordance with requirements of the City.
      (e)    Where deemed appropriate by the Board of Zoning Appeals, a travel trailer park shall be screened from adjoining properties by a six (6) foot high opaque fence. (Ord. 318. Passed 2-4-08.)
   (31)   Urban Agriculture in any district shall be regulated as follows:
      (a)   The use shall not create a nuisance due to noise, smoke, electrical interference, dust, or obnoxious odor.
      (b)   The use shall not create unacceptable congestion or traffic hazards on the neighboring streets.
      (c)   The Board of Zoning Appeals must determine if conditional uses are compatible with area.
      (d)   The Board of Zoning Appeals may limit the Urban Farm hours of operation.
      (e)   Land devoted to agricultural use shall be well-maintained, regularly cleared of debris and free of excessively tall weeds and grass.
      (f)   Urban Agricultural uses may include greenhouses as accessory structures, subject to applicable setbacks, and shall also be well maintained.
      (g)   Roof farms must receive a building permit. All applicable West Virginia Building and Fire Codes must be met.
      (h)   Commercial farming/greenhouse, including but not limited to aquaponic and hydroponic farming, is permitted on municipal land, in municipal buildings, on roofs of municipal buildings and/or in greenhouses on municipal land. Approval must be granted by Code Enforcement Officer.
      (i)   Farms and greenhouses shall be subject to building code requirements and any applicable rules and regulations.
      (j)   Hoop houses, cold frames, or other similar structures shall be allowed as accessory structures subject to the building code and subject to the zoning ordinance, and the cover shall be removed and stored when plants are not being cultivated.
         (Ord. 406. Passed 3-2-15.)
   (32)   Apiaries shall be subject to all rules and regulations (including possible inspection) as put forth by the state. (Ord. 512. Passed 12-20-21.)