Wheeling City Zoning Code
ARTICLE 1371
Special Permits
1371.01 GENERAL PROVISIONS.
(a) PURPOSE. It is the purpose of this article to recognize that there may be cases where community and Comprehensive Plan goals are met by a flexible and individual regulation of land uses within a zoning district. The establishment of a special use permit procedure provides City of Wheeling with such flexible and individual regulation of uses.
(b) STANDARDS AND REQUIREMENTS. All such uses are declared to possess characteristics of such unique and special form that each specific use must be considered as an individual case. Consideration by the Planning Commission shall be based on adopted standards and requirements. These considerations shall be both general, applying to all special uses, and specific, applying to individual types of special uses. The standards and requirements stipulated in this article shall be made a condition of approval. In addition, the Planning Commission may impose other pertinent conditions to fit the particular use and site under review.
1371.02 DEFINITION OF SPECIAL USE AND SPECIAL USE PERMIT.
(a) DEFINITION OF TERM. As used in this section, any use designated in a given district as requiring a special use permit shall be deemed to be a permitted use in such district, subject to the satisfaction of the conditions and standards set forth in this article in addition to all other requirements of this chapter. The term special use permit shall mean an authorization of a particular land use which is permitted in its respective district, subject to the satisfaction of all requirements and standards imposed by this section. These requirements shall assure that the proposed use is in harmony with local law and will not adversely affect the neighborhood if such requirements are met.
(b) LIMITS OF AUTHORIZATION. A special use permit shall be deemed to authorize only the particular use specified in the permit.
1371.03 APPROVAL OF SPECIAL USE PERMITS.
(a) The Planning Commission shall have the power, after public notice and hearing, to grant special use permits for the uses specified within this article.
(b) All special use permit applications are subject to Article 1373, Site Plan Review. The Planning Commission shall grant final site plan approval in the case of special use permit applications.
1371.04 INTEGRATION WITH OTHER PROCEDURES.
Whenever a particular application requires both the consideration of a special use permit and site plan review, the Planning Commission shall integrate to the extent practicable and consistent with applicable law special use permit review, as required by this article, with the site plan review and approval process. Where site plan review is required, the site plan application shall demonstrate that it meets all special permit provisions of this article and must show any other information that the Planning Commission may require as necessary. See Article 1373, Site Plan Review.
1371.05 REQUIRED SUBMISSIONS.
(a) SPECIAL USE PERMIT APPLICATION PROCEDURE. The Planning Commission shall review and act on all special permit uses in accordance with the procedure specified herein.
(b) APPLICATION. All applications shall be in writing, according to rules, regulations, and forms established by the Planning Commission and administered by the Economic and Community Development Department. Application for a special use permit shall be made in writing to the Economic and Community Development Department, which shall forward the application to the Planning Commission for action when such application is complete. Within thirty calendar days of receipt of the application, the Economic and Community Development Department shall determine whether said application is complete or deficient. No application shall be accepted by the Planning Commission unless it is complete.
(c) To be deemed complete, the special use permit application shall, except as may be waived by the Planning Commission on a case-by-case basis due to the minor nature of the specific request, include the items below.
A preliminary site plan which demonstrates the overall site layout and building locations, parking areas and circulation, access and egress locations, setbacks and buffer areas, lighting, landscaping, signage and the location and extent of existing development on adjacent parcels.
Preliminary building plans and elevations illustrating proposed building construction and alteration, including an indication of exterior materials, textures and colors.
Any other information deemed helpful by the applicant or necessary by the Planning Commission to explain the nature of the proposed use and its consistency with the standards established by this article for special permit uses.
(d) FEE. Payment of the applicable fee in accordance with the fee schedule established by the City Council, to pay for the costs of planning, design, and engineering review. The City Council shall adopt, by resolution, and from time to time but not more than once annually, a schedule of fees payable by an applicant for applications brought before all boards and commissions for determination or action. No application shall be accepted as complete unless the full fee has been paid.
(e) DECISION. Within thirty calendar days of receipt of the complete application, the Planning Commission shall determine if the application is complete and satisfactory for review.
1371.06 GENERAL STANDARDS AS BASIS OF REVIEW.
(a) The Planning Commission shall approve an application for a special use permit, subject to such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit, if it finds that the following general standards have been met:
(1) The proposed use is compatible with the goals of the adopted comprehensive plan.
(2) The proposed use shall be in harmony with the appropriate and orderly development of the district, taking into consideration the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with such use, the size of the site in relation to the use, the assembly of persons in connection with the use, and the location of the site with respect to streets giving access to the site.
(3) The proposed site development shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings, taking into consideration the location, nature, and height of buildings, the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site.
(4) Neighborhood character and surrounding property values shall be reasonably safeguarded.
(5) Operations in connection with the use shall not be offensive, dangerous, destructive of property values and basic environmental characteristics, or detrimental to the public interest of the village. They shall not be more objectionable to nearby properties by reason of fumes, noise, vibration, flashing of or glare from lights, and similar nuisance conditions than the operations of any permitted use not requiring a special use permit in the district.
(6) Parking areas shall be of adequate size for the particular use, properly located, and suitably screened at all seasons of the year from adjoining residential lots and streets or roadways. Adequate provision for safe and accessible off-street parking and loading spaces shall be provided to prevent the parking in public streets of the vehicles of persons associated with or visiting the use.
(7) The entrance and exit drives shall be laid out so as to achieve maximum safety and efficiency. The traffic access ways shall be adequate but not excessive in number, adequate in width, grade, alignment and visibility, and sufficiently separated from street intersections and places of public assembly and meet safety considerations.
(8) The use shall not cause undue traffic congestion or create a traffic hazard.
(9) The general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees to the extent practicable.
(10) The use shall be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities and services. All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection.
(11) The character and appearance of the proposed use, buildings, structures, and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood.
(12) The use shall meet the prescribed area and bulk requirements for the district in which located or as further specified in the supplementary regulations, including such matters as minimum setback, maximum height, required off- street parking, and sign regulations.
(13) The level of services required to support the proposed activity or use is or will be available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities, whether private or publicly provided, to accommodate the intended use.
(14) The use shall be carried out in a manner compatible with its environmental setting and with due consideration to the protection of natural resources.
(15) The proposed use conforms in all respects to all the regulations of this chapter and particularly to the specific supplementary regulations that may apply to such use.
(16) The proposed use has no adverse effect on the public health, safety, and welfare.
(b) OTHER CONDITIONS AND RESTRICTIONS.
(1) The Planning Commission shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit.
(2) The Planning Commission shall require additional conditions and restrictions as may be necessary to assure continual conformance to all permit provisions.
(c) WAIVER OF CONDITIONS AND RESTRICTIONS.
(1) The Planning Commission may waive any dimensional or other requirement for the approval or approval with modifications of special use permits, due to special conditions peculiar to the site. Such waiver may be exercised in the event a requirement is found to be inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardship. The Planning Commission may waive said requirements by up to ten percent wherever, in the opinion of the Planning Commission, such waiver will not be detrimental to the public health, safety, or general welfare or have the effect of nullifying the intent and purpose of this article.
(2) The terms and conditions of a special use permit may be modified by application to the Planning Commission in the same manner as an application for a new special use permit. In the event that the modification sought is deemed insubstantial by the Planning Commission, the Commission may waive one or more of the requirements of this section. If the modification is deemed substantial, a new special use permit shall be required.
(d) ISSUANCE OF PERMIT. Upon its granting of said special use permit, any required terms and conditions must be met in connection with the issuance of permits by applicable agents or officers of the city. The Building Inspector shall not issue the permit for which the application has been made until receipt of written permit approval from the Planning Commission.
1371.07 PUBLIC HEARING.
(a) The Planning Commission shall conduct a public hearing on the special use permit application.
(b) Upon the Planning Commission’ determination that the special use permit application is complete and satisfactory for review, a public hearing shall be scheduled to be held within forty calendar days from the time of such determination, except as provided for herein. At least ten calendar days prior to the date set for the hearing, the Planning Commission shall publish a notice of the date, time, and place of the hearing in a newspaper of general circulation in the city, shall mail notice of said hearing to the applicant, and shall mail notice of said hearing to all property owners within two hundred feet of the subject property.
(c) Based on the public hearing, the Planning Commission may require the application to be revised, referring the applicant back to the Economic and Community Development Department. Such a referred application shall be submitted to the Economic and Community Development Department for its review and advice once the application has been revised to meet the Commission's recommendations. The Planning Department shall then forward the revised application to the Planning Commission for decision and action. If a referred application is not received by the Planning Department within sixty calendar days after the public hearing, the application shall be deemed to be withdrawn.
(d) The city shall charge the applicant either a flat rate or a stated amount per notice for satisfying this requirement.
(e) The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the city.
(f) Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Commission in connection with granting or denying a special permit application.
1371.08 PLANNING COMMISSION ACTION.
ACTION BY RESOLUTION.
(a) Within thirty calendar days after the public hearing or after a revised application has been submitted to the Planning Commission, the Planning Commission shall render a written decision. This time period may be extended upon the mutual consent of the Planning Commission and the applicant.
(b) The Planning Commission shall act to either approve, approve with modifications, or disapprove the special use permit application. The decision shall be made by resolution and shall clearly state the decision, including the findings, and any conditions attached thereto. If the special use permit is disapproved, the Planning Commission’ resolution shall state specific reasons for such decision. In such a case, the Planning Commission may recommend further study of the special use permit application and resubmission to the Planning Commission after it has been revised or redesigned.
(c) Filing of decision and notice. Within five business days after the day such decision is rendered, a certified or endorsed copy of the decision shall be filed in the office of the City Clerk.
1371.09 EFFECT OF SPECIAL PERMIT APPROVAL.
(a) ISSUANCE OF BUILDING PERMIT. In addition to compliance with all other applicable provisions of this chapter and all other local, county and state laws, rules and regulations, no building permit shall be issued for any structure regulated by this article until such special use permit, and site plan approval if needed, have received Planning Commission approval and a copy of a resolution to that effect has been presented to the Economic and Community Development Department and Building Department.
(b) CERTIFICATE OF OCCUPANCY. No certificate of occupancy shall be issued for any structure or use of land covered by this chapter until the structure is completed or the land developed in strict accordance with the Planning Commission resolution of special use permit approval and other applicable requirements of this chapter.
(c) CONFORMING USE. Any use for which a special use permit may be granted shall be deemed a conforming use in the zoning district in which it is located, provided that such special use permit shall be deemed to affect only the lot or portion thereof for which such special use permit has been granted.
1371.10 VIOLATION, EXPIRATION, REVOCATION, INSPECTION, CHANGE, AND RENEWAL.
(a) VIOLATION. No permit shall be issued for a special use for a property or site upon which there is an existing violation of this or any other chapter of the City of Wheeling code.
(b) EXPIRATION OF SPECIAL USE PERMIT.
(1) A special use permit shall be void if construction is not started within one year and completed within two years of the date of issuance of the special use permit. Such special permit approval may be extended once for a maximum period of one year from its otherwise specified termination date by the Planning Commission upon prior written request by the applicant. Such written request must include a statement of justification for the requested time extension. If a special permit expires or is revoked for a particular phase of a special use project, this shall not invalidate any previously granted special permit on the site, provided that construction under such previous permit was completed in accord with the above timeframes.
(2) If no construction is involved, a special use permit shall be void if the use has not commenced within six months of final special permit approval.
(3) Unless other provisions are specifically set forth by the Planning Commission, the special permit shall expire if said use shall substantially or totally cease for a period of six months during any twelve-month period, irrespective of whether an intent to cease such use may exist. Intent to resume the special use shall not confer the right to do so.
(4) In the case where subsequent site plan review and approval or the issuance of a building permit is required, vesting of the special use permit may occur through submission within the specified time period of a complete application for either required site plan approval or the issuance of a building permit to carry out all work governed by the special use permit.
(c) REVOCATION. In all cases, including those cited above, a special use permit may be revoked by the Planning Commission, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations, restrictions, standards, and requirements imposed by said permit. The Building Inspector shall make a recommendation to the Planning Commission when a special use permit should be revoked. In such cases, the special permit holder shall be granted a period of sixty calendar days from the day following the Building Inspector's recommendation to bring the special use into full compliance. At the close of the sixty-day period, the Planning Commission shall hold a public hearing. After the public hearing and upon specific determination by the Planning Commission that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been or are no longer being complied with, the Commission may revoke the permit.
(d) INSPECTION. In connection with the issuance of a special permit, the Planning Commission may establish a schedule of inspections by the Building Department of a special permit use to determine continued compliance.
(e) CHANGE.
(1) Any change in the use or reduction in lot size shall require amendment to the special permit, following the application and review requirements of this article. However, the Building Inspector may issue building permits as requested without amendment of the special permit where he/she finds that:
(2) There is no change in the use or that the use proposed falls within the definition of the existing special permit use, and that
(3) The change would require fewer than five parking spaces; however,
(4) Notwithstanding the above, the Building Inspector may require that application be made for amendment to the special permit where he/she finds that the proposed change will be a significant change in the essential characteristics of the existing layout, arrangement, or use of buildings or land.
(f) RENEWAL. The Planning Commission may require in its resolution of approval that a special use permit be renewed periodically. On written application by the permit holder, a special permit may be renewed by the Building Inspector upon notice to the Planning Commission, provided that no such renewal shall be made unless there has been substantial compliance with all applicable codes, ordinances, regulations, and conditions of the special permit and this chapter. The Building Inspector shall notify in writing the Planning Commission forty-five calendar days prior to the effective date of such renewal. If the Building Inspector recommends that the permit not be renewed, the Planning Commission shall hold a public hearing. Renewal may be withheld only after the public hearing and upon specific determination by the Planning Commission that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been or are no longer being complied with. In all cases, including those cited above, a special use permit may be revoked by the Planning Commission, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations, restrictions, standards, and requirements imposed by said permit. The Building Inspector shall make a recommendation to the Planning Commission when a special use permit should be revoked. See above for revocation procedures.
1371.11 CONSULTATION WITH OTHER AGENCIES, DEPARTMENTS, AND CONSULTANTS.
In its review of an application for special use permit, the Planning Commission may consult with city officials, agencies, and its designated private consultants, and with representatives of local, state, and federal agencies including but not limited to the State Department of Transportation, the State Health Department, the Department of Environmental Conservation, and the Army Corps of Engineers, as needed.
1371.12 REIMBURSABLE COSTS.
Reasonable costs incurred by the Planning Commission for private consultation fees or other extraordinary expense in connection with the review of a special use permit application shall be changed to the applicant. Such reimbursable costs shall be in addition to the required application fee. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established by the City Council. Said fee schedule shall include the requirement that an escrow account be established upon the Planning Department's receipt of the application to cover the anticipated costs of such consultant review and other expenses.
1371.13 SPECIAL PERMIT USES AND SPECIFIC ADDITIONAL STANDARDS.
The following sections list allowed special permit uses. All special permit uses must conform to the general standards stated above and the site plan design criteria and review consideration stated in Article 1373 of this chapter. The sections below state the additional specific standards applicable to the special permit use.
1371.14 PUBLIC UTILITIES.
Proof must be furnished that the proposed location is necessary for the efficiency of the service to be provided; that the design of any building or structure is in keeping the character of the zone in which it is to locate and will in no way adversely affect the safe and comfortable enjoyment of property rights; that adequate and attractive fences and other safety devices will be provided, and that sufficient landscaping including shrubs, trees, and lawns are provided and will be maintained.
1371.15 BED AND BREAKFAST.
A minimum of one off-street parking space shall be provided for each guest room.
1371.16 GASOLINE STATIONS.
Minimum lot size shall be 7,500 square feet. A site plan showing the location of all buildings, tanks, service pumps and driveways, together with all measurements necessary to show compliance with these standards noted thereon, shall be filed with the written application. Service pumps shall not be located within twenty-five feet of any building occupied as a residence or occupied for church, school, or other institutional purposes. Service pumps shall not be located within fifteen feet of the right-of-way line of any street.
1371.17 AUTOMOBILE SALVAGE AND WRECKING OPERATIONS; OUTDOOR STORAGE; JUNKYARDS.
Automobile salvage and wrecking operations, outdoor storage, and junk yards may not be located nearer than two hundred feet to any residential or commercial zone. Such uses must be enclosed by a solid fence at least eight feet in height. No advertisement shall be permitted on such fence. Such advertisement and fence must be kept in good order and repair at all times.
1371.18 OPEN AIR OR DRIVE-IN THEATERS.
Minimum lot size shall be five acres. Ingress and egress from the theater shall be approved by the City Engineer. Any screen used for motion picture projection shall be so placed as not to be seen from adjacent roadways.
1371.19 LICENSED DAY CARE CENTERS AND NURSERIES.
(a) A minimum of seventy-five square feet of outdoor play area per child shall be provided, or a minimum as required by the state, whichever is greater.
(b) Outdoor play area must be enclosed by a fence or wall to prevent the children from leaving the premises without proper supervision, as per Article 1355 et seq.
(c) Indoor play space shall consist of a minimum of thirty-five square feet of floor space per child, or a minimum as required by the state, whichever is greater.
(e) Such use is not the same as family day care home.
1371.20 RESIDENTIAL PARKING.
(a) Residential parking areas may only be permitted within two hundred and fifty feet of the buildings which they are primarily designed to serve.
(b) Proof must be shown that the additional parking spaces are essential to the public interest as evidenced by a serious need for off-street parking facilities and as being not injurious to the residential area in which the zone lot is situated.
(c) The residential parking spaces shall be used only by persons residing in the area in which the zone lot is situated.
(d) The parking spaces shall be used for parking private passenger vehicles only.
(e) Ingress and egress to the area shall be approved by the City Engineer.
(f) Any open parking spaces shall be developed in accordance with the provisions of Article 1355, except that the requirements may be waived when the same may not be injurious to the surrounding properties.
1371.21 RESTRICTED ACCESSORY PARKING.
Restricted accessory parking areas may be established under the following circumstances:
(a) The land of the accessory parking lot and the land of the principal use shall be under the same ownership.
(b) Accessory parking lots for permitted uses in a zoning district shall lie within two hundred and fifty feet of the buildings in which they are designed to serve.
(c) An accessory parking lot serving a business established in a contiguous C-1, C-2, D-1, D-2, or D-3 District may be located in R-3, R-4, or EMO Districts. Such accessory parking shall be located within two hundred and fifty feet of the business which it serves.
(d) Proof shall be shown that the additional parking spaces are essential to the public interest as evidenced by a serious need for off-street parking facilities and as being not injurious to the area in which the lot is located. This is subject to the verification and approval by the Economic and Community Development Department.
(e) The parking spaces shall be used for parking two-axle vehicles only.
(f) Ingress and egress to the area shall be approved by the City Engineer.
1371.22 ADULT ENTERTAINMENT FACILITY. (REPEALED)
1371.23 WIRELESS TELECOMMUNICATION TOWERS AND FACILITIES.
1371.24 RESTAURANT WITH LOUNGE.
In the C-1 Neighborhood Commercial District a “restaurant with lounge” may be permitted upon the conclusion of public hearing and with approval of the Planning Commission. The applicant shall provide the necessary information to establish the primary function of the business as a restaurant by presenting a business for review to the Commission. The plan should include the following pieces of information:
(a) Food Menu.
(b) Alcohol Menu.
(c) Staff.
(d) Operating Hours - (Kitchen to remain open while business is open).
(e) Parking Availability/Seating Capacity.
(f) Presence of Video Lottery Terminals, pool tables, dartboards, karaoke machines, and other sources of entertainment.
(g) Floor Plan.
(h) Such other information as may be required by the Commission.
(i) Annual renewal of the Special Use Permit from the Commission.
(Ord. 12823. Passed 5-4-04.)
1371.25 EXTRACTIVE INDUSTRY / MINERAL EXTRACTION.
An "extractive industry use" involves the extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gasses, such as natural gasses. In addition to the required Performance and Development Standards outlined in Section 1343.05 and 1343.06, extractive industry uses shall conform to the following performance standards:
(a) External Setbacks. When reviewing an application to operate an extractive industry, consideration shall be given to the proposed site's external boundary proximity to residential zoning districts as it relates to impact from noise, traffic, particulate matter, blasting, runoff and other secondary effects. The Commission shall give particular emphasis to the evaluation of the characteristics of the proposed use in relationship to its immediate neighborhood and the compatibility of the proposed use with its neighborhood. Therefore, minimum distance from the external boundary of the proposed site to any residentially zoned property shall be 750 feet measured in a straight line without regard to intervening structures or objects. The Commission may waive or reduce this distance if it finds the nature of the request or other specific distinctions would eliminate the impact on the residentially zoned property that is within 750 feet of the proposed site and if the proposed use is consistent with the policies and objectives of the Comprehensive Plan, the effect on traffic, storm drainage, and land values
(b) Site Restoration. Within six months following the abandonment of an extractive industry development site, including permanent well plugging, the operator shall be responsible for the restoration of the development site to its original condition as nearly as practicable. Abandonment shall be approved by the City Engineer after restoration of the development site has been accomplished in conformity with the following requirements at the discretion of the City Engineer:
(1) All production, derricks, tanks, towers, and other appurtenant surface equipment and installations shall be removed from the development site.
(2) All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the development site, unless otherwise directed by the City.
(3) All holes and depressions shall be filled with clean, compactable soil.
(4) All waste, refuse or waste material shall be removed from the development site.
(c) Supplementary Regulations.
(1) There shall be one principal entrance to the industrial site from any major thoroughfare bordering the tract, which shall be designed so that traffic at its intersection with the major thoroughfare may be controlled and so that there will be adequate storage space for traffic destined to enter the thoroughfare or to leave the industrial site.
(2) There shall be no direct entrances or exits from parking areas or structures onto the adjoining major thoroughfare, but a service drive parallel to the main traffic-way may be provided for such access. Traffic on the service drive shall enter the main traffic-way via the principal entry.
(3) The owner or owners shall provide a plan for the installation of adequate facilities for the disposal of human and industrial wastes meeting the approval of the State Department of Health.
(4) The owner or owners of the site shall establish in the restrictions, which are a part of site plan, a perpetuating organization for the maintenance of the industrial site, such as roads and planting areas, the approval of building plans and other improvements, and the future maintenance of the site.
(d) Perimeter Landscaping and Fencing. For the purpose of screening, buffering, and security, the following improvements shall be installed within thirty days after commencement of development.
(1) Landscaping. Where a heavy industry, heavy manufacturing, or extractive industry development site abuts a nonindustrial property (zoned or used) or public or private street, a thirty-foot landscaping transitional yard shall be installed the length of said common border as follows:
A. A ten-foot-wide exterior landscaping transition area containing three to four medium to large trees and fifteen to twenty evergreen shrubs per 100 linear feet.
B. A twenty-foot-wide interior landscaping transition area containing parallel, staggered and/or concentric rows of evergreen trees or evergreen hedge planted eight to twelve feet on center per 100 linear feet.
C. Trees shall have a minimum two-inch caliper and shrubs shall be at least three gallons in size.
(2) Fencing. A minimum ten-foot black, green or brown vinyl-coated chain link fence must be erected the entire perimeter of a heavy industry, heavy manufacturing, or extractive industry development site between the landscaping transitional yards and the development site. Prominently displayed no trespassing signs are required on all four or more sides of the perimeter fencing.
(3) Entrance gate specifications. All perimeter fences shall be equipped with at least one entrance gate. The gate shall meet the following specifications:
A. Each gate shall be not less than twelve feet wide and be composed of two gates, each of which is not less than six feet wide, or one sliding gate not less than twelve feet wide. If two gates are used, gates shall latch and lock in the center of the span;
B. The gates shall be provided with a combination catch and locking attachment device for a padlock, and shall be kept locked except when being used for access to the site; and
C. The person in charge of the development site must provide the Wheeling Fire Department with a Knox Padlock or Knox Box entry system or equivalent on the gate to access the site in case of an emergency.
(Ord. 15529. Passed 4-6-21.)