Wheeling City Zoning Code

ARTICLE 1323

General Provisions

1323.01 SHORT TITLE.

This Chapter Three - Zoning Ordinance shall be known and referred to as the "Zoning Ordinance of the City of Wheeling." Zoning Ordinance, as used herein, means Ordinance 12225, adopted April 17, 2001 and effective April 18, 2001, as amended, which is codified as Chapter Three of this Part Thirteen.

1323.02 AUTHORITY.

The authority of this ordinance derives from that delegated to municipalities under West Virginia law Article 24, Planning and Zoning to regulate development and to promote good planning practice.

1323.03 PURPOSE.

PURPOSE.

Council adopts this Zoning Ordinance as an integral part of the comprehensive plan of the City in order that:

(a) Adequate light, air, convenience of access and safety from fire, flood and other dangers may be secured for the residents of the City insofar as is practicably possible;

(b) Congestion in the public streets may be lessened and avoided;

(d) The preservation of historic landmarks, sites, districts and buildings is promoted;

(e) Planning for the future development of the community to the end that highway systems are carefully planned;

(f) New community centers grow only with adequate highway, utility, health, educational, and recreational facilities;

(g) The needs of agriculture, industry, and business be recognized in future growth;

(h) Residential areas provide healthy surroundings for family life;

(i) And the growth of the community is commensurate with and promoting of the efficient and economical use of public funds.

DUE CONSIDERATION.

In establishing the zoning districts of the City as hereinafter set forth, Council has given due and special consideration to existing conditions within such districts, 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 entire City.

1323.04 VALIDATION OF EXISTING MUNICIPAL PLANNING AND ZONING CODE.

Notwithstanding legislative provisions to the contrary, as may be enacted since March 13, 2004 by adoption of Chapter 8A, in the State Code, the City of Wheeling shall be vested with all powers and duties existing prior to such legislative enactments.

(Ord. 13704. Passed 11-18-08.)

1323.05 LEGISLATIVE CHANGES TO THE PLANNING AND ZONING CODE VALIDATING EXISTING MUNICIPAL CODE.

Legislative changes to West Virginia Code by adoption of Chapter 8A recognize the “grandfathering” of municipal land use law for cities such as Wheeling by the incorporation of provisions which validate prior zoning and planning ordinances as well as subdivision and land development ordinances (see generally, as examples, West Virginia Code § 8A-4-7 and § 8A-7- 12).

(Ord. 13704. Passed 11-18-08.)

1323.06 AMENDING, SUPPLEMENTING OR CHANGING ZONING ORDINANCE.

The governing body of a municipality, the City Council of the City of Wheeling, or the county court may, from time to time, amend, supplement or change the rules and regulations and districts fixed by the Planning and Zoning Ordinance hereunder pursuant to the authority found on this Ordinance and in W. Va. Code § 8-24-45.

(Ord. 13704. Passed 11-18-08.)

1323.07 CONTINUATION AND EXTINCTION OF NON-CONFORMING USES.

(a) Notwithstanding legislative provisions to the contrary as may be enacted since March 13, 2004 by adoptions of Chapter 8A, in the State Code, the City of Wheeling shall be vested with all powers and duties existing prior to such legislative enactments regarding standards for continuation of and the extinguishing of non-conforming uses.

(b) Pursuant to the validation of prior municipal land use ordinances recognized in Chapter 8A and Home Rule Authority, the City of Wheeling continues to utilize the statutory language found in W. Va. Code prior to the 2004 enactments concerning non-conforming uses and the extinguishing of same. The City of Wheeling utilizes a definitive time for abandonment of a non-conforming use. The City utilizes various guidelines such as a discontinuance of a period of six (6) months during any twelve (12) month period and in other cases one (1) month of non-use for abandonment purposes and immediate extinguishing in cases where a particular non- conforming use establishment, such as a bar, house of prostitution/drugs, etc., when the property has been found by the governing body to be a permanent public nuisance. These various time parameters are set forth within the applicable Sections of the Codified Ordinances of the City of Wheeling. Therefore, the City of Wheeling exercises the powers and duties inherent in its local authority to establish the abandonment time period.

(Ord. 13704. Passed 11-18-08.)

EDITOR’S NOTE: A gap was intentionally made between Sections 1323.07 and 1323.18 to accommodate any future additions to this article.)

1323.18 PROVISIONS ADOPTED PURSUANT TO PILOT HOME RULE AUTHORITY - SUNSET/CONTINUATION PROVISION.

Certain provisions of the Codified Ordinances of the City of Wheeling found in this Article, being Part Thirteen-Planning and Zoning Code were adopted pursuant to the authority granted to the municipality under the Pilot home Rule authority found in West Virginia Code § 8-1-5a passed by the West Virginia Legislature in 2007. Therefore, any actions begun during the Pilot Program period, pursuant to Ordinances adopted by the municipality under its Home Rule Authority, shall remain in full force and effect throughout all proceedings initiated within the five (5) year initial time frame given to the Pilot Home Rule municipalities to enact legislation. Similarly, should any future deadline be set by the legislature for the extinguishing of the Pilot Home Rule Authority found in West Virginia Code § 8-1-5a, all proceedings or actions exercising the Home Rule Authority found in said section initiated prior to such deadline shall remain in full force and effect throughout such proceedings or actions. Should the legislature extend the Home Rule Authority so that the initial period of five (5) years does not sunset, then the powers of the City of Wheeling pursuant to its Home Rule Authority and the provisions adopted under such authority shall continue and remain in full force and effect.

(Ord. 13704. Passed 11-18-08.)

1323.19 SEPARABILITY, REPEAL, AND COMPLIANCE.

(a) SEPARABILITY. Should any section, sub-section, paragraph, sentence, clause, provision, or phrase of this Ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect any other portion of this Ordinance.

(b) REPEAL. This chapter shall not be deemed to amend, repeal, or impair any requirement in any ordinance or law or in any deed restriction or covenant or in any other undertaking among private persons.

(c) COMPLIANCE. No provision in any such ordinance, law, restriction, covenant, or undertaking shall be deemed to justify noncompliance with any provision in this chapter.

1323.20 EFFECTIVE DATE.

(a) This Ordinance shall take effect April 18, 2001.

(b) Upon the effective date of this Ordinance, the prior Ordinance is hereby repealed and superseded by the above revision of said Ordinance.

(c) Several sections of the Ordinance have been adopted pursuant to Home Rule Authority found in W. Va. Code § 8-1-5a and the continuing authority of the City Council, as found in Chapters 8 and 8A of the Zoning and Land Use Statutes of the State of West Virginia, to maintain, amend, supplement and modify its local land use plans.