Wheeling City Zoning Code
ARTICLE 1331
Provisions Applicable to All Zoning Districts
1331.01 ESTABLISHMENT OF DISTRICTS.
(a) ZONING DISTRICTS. The City of Wheeling is hereby divided into the following zoning districts, with their respective symbol designations:
(1) Residential Districts
R-1A Residential, Single Family, Low Density
R-1B Residential, Single Medium Density
R-1C Residential, Single High Density
R-2 Residential, Two-Family
R-3 Residential, Multi-Family
R-4 Residential, High Density
(2) Commercial Districts
C-1 Commercial, Neighborhood
C-2 Commercial, General
EMO Educational, Medical, Office
D-1 Downtown, High Density
D-2 Downtown, Medium Density
D-3 Downtown, Riverfront
(3) Industrial Districts
I-1 Industrial, Light
I-2 Industrial, General
(4) Planned Districts
R-5 Planned Residential District
(5) Special Districts
EWSD East Wheeling Special District
NWSD North Wheeling Special District
(6) Overlay Districts
(no acronym) Floodplain
(b) ORDER OF RESTRICTIVENESS. In this Zoning Ordinance, districts may be described as more restrictive or less restrictive than other districts. The more restrictive district shall be the district subject to regulations that prohibit the particular use intended to be made of a subject lot or which has higher standards for setbacks, coverage, height, and similar requirements.
(c) WHEN PROVISIONS CONFLICT.
(1) Wherever the terms of this Zoning Ordinance require a greater width or size of yards, courts or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other ordinance or regulation, the provisions of this Zoning Ordinance shall govern.
(2) Wherever the provisions of any other ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the provisions of this Zoning Ordinance, the provisions of such other ordinance or regulation shall govern.
1331.02 OFFICIAL ZONING MAP.
(a) ZONING MAP. The location and boundaries of the zoning districts are shown on the Zoning Map of the City of Wheeling. The zoning map, with all explanatory notes thereon and all amendments thereto, is hereby adopted and declared to be a part of this chapter. The zoning map shall be kept up-to-date and shall be on file in the City Clerk's office for the use and benefit of the public. Certified or endorsed copies of said map shall also be on file in the offices of the Economic and Community Development Department.
(b) ZONING MAP BOOK. In recognition of the difficulty of determining the zoning districts of certain properties as a result of the scale of the Zoning Map, the City hereby also adopts as a part of this chapter the book entitled City of Wheeling Zoning Map. Said book shall be kept up-to-date and shall be on file in the City Clerk's office for the use and benefit of the public. Copies of said book shall also be on file in the offices of the Economic and Community Development Department and the Building Inspector. In the event of a discrepancy between the Zoning Map described in subsection (a) above and the book containing the Zoning Map, the book shall prevail. Said book consists of:
(1) A title page,
(2) A page listing the zoning districts and designation symbols,
(3) An index dividing the City and adjoining areas into consecutively numbered segments, each numbered segment designating a particular area,
(4) The Zoning Map proper, consisting of pages numbered consecutively and corresponding to the numbered segments of the index map and setting out at a scale of 500 feet to one inch the area included in each numbered segment, and
(5) A map index by street names cross-referenced to the numbered segments of the map.
(c) ZONING MAP AMENDMENTS. Whenever the City Council amends the Zoning Map, the City Clerk shall notify the Economic and Community Development Department which shall cause the amendment to be made to the official copy of the Zoning Map and to the book of the Zoning Map. The Department shall provide copies of the amended map and the relevant amended map pages to the Building Inspector, and all other City agencies and departments requiring a zoning map.
(d) INTERPRETATION OF BOUNDARIES. Where uncertainty exists with respect to the boundaries of zoning districts as shown on the official Zoning Map, the following rules of interpretation shall apply:
(1) The zone boundary lines are intended generally to follow the center lines of streets, highways, public utility easements or watercourses, and railroad rights of way, the mean water level on the shore (the shore line) of rivers, streams and other waterways, existing lot lines, or City boundary lines, all as shown on the Zoning Map. In the event of change in the shore line, the boundary shall be construed as moving with the actual shore line.
(2) Where a zone boundary line does not follow such a line as described above, its position is shown on the Zoning Map by a specific dimension expressing its distance in feet, measured perpendicularly, from a street line or other boundary line as indicated. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the map.
(3) If a zone boundary line does not follow an existing lot line but is within ten feet of an existing lot line, the lot line shall be deemed the zone boundary line.
(4) Where a zone boundary line follows a lot line, the lot line shall be that shown on the Assessor's map on the date of adoption of such boundary.
(5) If, after the use of the above rules and the official zoning map, the district classification of any property is in question, the Zoning Officer shall make the final determination. The decision of the Zoning Officer with respect to the officer's boundary interpretation may be appealed by the applicant to the Board of Zoning Appeals.
(e) LOTS IN TWO OR MORE ZONING DISTRICTS OR INCORPORATED BODIES. Where a lot is divided by one or more district boundary lines (also known as a split lot), the following shall apply:
(1) Uses permitted in one district shall not extend into another district where they would not otherwise be permitted.
(2) Dimensional requirements shall be measured from the lot lines and not the zoning district lines.
(f) OVERLAY DISTRICTS. All regulations governing overlay districts are superimposed on the zoning districts listed above, wherever applicable. Where provisions governing overlay districts impose greater restrictions that those imposed by other applicable provisions of this chapter, the provisions of the overlay districts shall control.
(g) LANDS ANNEXED INTO THE CITY. All territory annexed to the City shall be zoned in the same manner as the contiguous territory inside the previous City limits until otherwise classified.
1331.03 APPLICATION OF AND COMPLIANCE WITH ZONING DISTRICT REGULATIONS.
Except as hereinafter provided in this chapter:
(a) BUILDINGS.
(1) No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.
(2) No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
(3) No building shall be erected, no existing buildings altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
(4) Each principal building shall front on a duly accepted public street which has been improved in accordance with City standards or on streets in the process of being improved in accordance with final plat requirements of the Subdivision Regulations.
(b) REQUIRED AREA OR SPACE CANNOT BE REDUCED. The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this Zoning Ordinance, and if already less than the minimum required by this Zoning Ordinance, such area or dimension may be continued and shall not be further reduced.
(c) MAXIMUM COVERAGE REQUIREMENTS. Land coverage by principal and accessory buildings or structures on each zone lot shall not be greater than is permitted in the district where such principal and accessory buildings are located.
(d) OFF-STREET PARKING REQUIREMENTS. No off-street parking or loading space shall be so reduced in area that it does not meet the minimum requirements of this chapter.
(e) INTERPRETATION OF REQUIREMENTS AS MINIMUM STANDARD. Within each district, the regulations set forth by this chapter shall be considered minimum regulations and shall apply uniformly to each kind of building, structure or land and use thereof.
1331.04 USE REGULATIONS.
(b) All permitted or special permit uses, either principal or accessory, require site plan review and approval by the Planning Commission in accordance with the aforementioned Article 1373 prior to the issuance of either a building permit or certificate of occupancy. All Conditional Use Permits require review and approval by the Board of Zoning Appeals in accord with the aforementioned Article 1372 prior to the issuance of either a building permit or certificate of occupancy.
(Ord. 13706. Passed 11-18-08.)
(c) As per State Code Article 27-17, group homes are allowed as-of-right in any district in the city.
(Ord. 12225. Passed 4-17-01.)
(d) Religious Land Use. Land may be used for Religious Purposes in any zoning district as reviewed on a case-by-case basis.
(1) In the C-1, C-2, EMO, NWSD, EWSD, D-1, D-2, D-3, I-1, and I-2 districts, applicants are required to obtain a Certificate of Zoning Compliance from the Zoning Officer.
(2) In the R-1A, R-1B, R-1C, R-2, R-3, R-4, and R-5 districts, Religious Land Uses will be considered by the Planning Commission upon application for a Special Permit Use. The criteria for such a permit will be similar to the stated objectives in Section 1371.06 of the Zoning Ordinance.
(3) Religious Land Uses, in any zoning district, are subject to all other applicable standards set forth in the City’s Zoning Ordinance. The Zoning Officer can provide information to the applicant of other potential reviews and required approvals regarding the application such as site plan review dependent upon the nature of the application, and variance requests as may be applicable for the standards outlined for that zoning district.
(Ord. 12878. Passed 7-20-04.)
(e) General Requirements for On-Premise ABCA Licensed Establishments which May or May Not Provide Video Lottery Terminals: No such establishment is permitted in any residential zone of the City. Such establishments are only permitted in the downtown districts (D- 1, D-2, D-3), industrial districts (I-1, I-2) and in an area or upon property identified and approved by City Council as a Development or Redevelopment site. In all other zones and/or districts, no such establishment is permitted: within 1,000 feet of another such establishment already possessing an ABCA on-premise license and/or providing video lottery or having a license to do so; within 1,000 feet of a residence located in a residential zone; within 1,000 feet of a school which is part of a public or private school system; within 1,000 feet of a church; and/or within 1,000 feet of a municipally owned park.
(Ord. 13130. Passed 9-6-05.)
(Ord. 13130. Passed 9-6-05.)
1331.05 DISTRICT SCHEDULES OF AREA AND BULK REGULATIONS.
(a) The general area and bulk regulations in each zoning district are set forth in the relevant District Schedule of Area and Bulk Regulations.
1331.06 LOTS.
(a) EXISTING LOTS OF RECORD.
(1) Nothing contained herein shall prohibit the use of an existing lot of record, as defined in Section 1327.02, which does not comply with the District Schedule of Area and Bulk Regulations, provided that each of the following criteria are satisfied:
A. Development of the lot shall satisfy all applicable requirements of the City of Wheeling, the Ohio County Health Department and the West Virginia State Departments of Health and Environmental Conservation for potable water supply and sewage disposal facilities.
B. If developed for residential use, use of the lot shall be limited to one principal single-family dwelling.
(2) All other area and bulk regulations for the district shall be met.
(b) CORNER LOTS AND YARDS.
(1) Each street frontage on a corner lot shall be deemed to be a front street line, and the required yard along each such lot line shall be a required front yard.
(2) Such lots shall be deemed to have two front yards and two side yards, and no rear yards.
(3) Any corner lot delineated by subdivision after the adoption of this Zoning Ordinance shall provide a side street setback line that shall not be less than the minimum front yard required on any adjoining lot fronting on the side street.
(c) LOT FRONTAGE. The minimum lot frontage of any lot shall be measured along the minimum building setback line as required for the district in which it is located.
(d) THROUGH LOTS. Where a single lot under individual ownership extends from a street to a street, the widest frontage shall be deemed the street upon which the property fronts.
(e) MINIMUM LOT SIZE FOR PUBLIC AND SEMI-PUBLIC BUILDINGS. All public or semi-public buildings, such as clubs, schools, or places of worship, shall be located on a lot with not less than 20,000 square feet. All other regulations for the zone in which the use is located shall be complied with.
(f) VACANT LOTS: CONTEXTUAL FRONT YARD. When a vacant lot is situated between two improved lots, each having a principal building within twenty-five feet of any side lot line of such unimproved lot, the front yard of the vacant lot may be reduced to the greatest depth of the front yard of the two adjoining improved lots, but shall be not less than ten feet. However, where any lot fronts on a right of way which on the Official Map of the City is proposed to be widened, the front yard of the lot shall be required in the district where the lot is located and shall be measured from such proposed future right of way.
1331.07 HEIGHT EXCEPTIONS.
(a) The height limitations set forth in the District Schedules of Area and Bulk Regulations shall not be applicable to the following:
(1) Agricultural barns, silos and other farm buildings.
(2) Flagpoles, radio or television antennas, transmission towers or cables, windmills, communications towers, or masts and aerials, incidental and accessory to a principal use and similar features, any of which shall be restricted to a maximum height of seventy-five feet above average finished grade at its base.
(3) Spires, belfries, cupolas and domes, monuments, water towers, chimneys, smokestacks, skylights, water or cooling towers, elevators, stair bulkheads, solar collectors, air-conditioning units or similar structures which in their aggregate coverage occupy no more than ten percent of the roof area of the building of which they are an integral architectural or mechanical element. Such features shall be erected only to such minimum height as is necessary to accomplish the purpose for which they are intended and shall not extend more than twenty feet above the roof.
(4) Open amusement uses.
(5) Parapet walls and railings, except that parapet walls and railings may extend no more than four feet above the limiting height of the building.
(b) None of the above listed uses, or similar uses, shall be used as a place for habitation or for advertising not otherwise authorized by this chapter.
1331.08 OBSTRUCTIONS AT STREET INTERSECTIONS.
At all street intersections, no obstructions to vision, such as a fence, wall, hedge, structure or planting over three feet in height, as measured above the curb level, if any, or above the existing road level, shall be erected or installed and maintained on any lot within the triangle formed by the intersecting street lines or their projections where corners are rounded and a straight line joining said street lines at points which are thirty feet distant from their point of intersection measured along said street lines and/or projections. This section shall not be construed to apply to existing street trees, provided that no branches are maintained closer than six feet to the ground.
1331.09 YARDS.
(a) MINIMUM REQUIREMENTS. No yard or lot existing at the time of the passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards of lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter, with such lots established in full accordance with the requirements of Chapter One, Subdivision Regulations.
(b) EACH LOT TO SATISFY ITS MINIMUM REQUIREMENTS. No yard or other open space provided about any building for the purpose of complying with the provisions of this Zoning Ordinance shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
(c) SIDE YARD CALCULATION.
(1) Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case the average width of the side yard shall not be less than the otherwise required minimum width; provided such side yard shall not be narrower at any point than one-half of the otherwise required minimum width.
(2) The side street setback line of any corner lot platted on the Assessor's Tax Maps as the lot existing at the time of adoption of this Zoning Ordinance or any corner lot shown on any subdivision plat which received final approval prior to the adoption of this Zoning Ordinance shall not be less than one- half of the average depth of the minimum front yard required on any adjoining lot fronting on a side street.
(3) Any corner lot delineated by subdivision after the adoption of this Zoning Ordinance shall provide a side street setback line that shall not be less than the minimum front yard required on any adjoining lot fronting on the side street.
(d) LOTS OF DIFFERENT RESTRICTIVENESS. Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restrictive zoning district, there shall be provided along both sides of such abutting lot line or lines side or rear yards equal in dimension to those required in the more restrictive zoning district, as defined in Section 1331.01.
(e) PROPER USE OF YARDS. No required yard shall be used for the storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material or for signs or accessory structures, unless specifically allowed by other provision in this Zoning Ordinance.
1331.10 ARCHITECTURAL FEATURES PERMITTED IN REQUIRED YARDS.
The following architectural features of a building may extend into a required yard, subject to other specific provisions in this Zoning Ordinance:
(a) Cornices, canopies, eaves or other similar architectural features may project into side yards a distance not exceeding one-third of the side yard width.
(b) Open fire escapes on the side or rear of a building may project into side and rear yards a distance not to exceed four feet, six inches.
(c) Bay windows, balconies, chimneys, pilasters, uncovered stairways and necessary landings and chimneys may project a distance not exceeding fifty percent of yard requirements, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.
(d) Open (i.e., unroofed) porch, steps, or terrace, provided it does not occupy more than fifty percent of the yard requirements of the yard in which it is located.
(e) An open arbor or trellis.
(f) An awning or movable canopy not to exceed ten feet in height, nor projecting more than six feet into any required yard.
(g) A retaining wall, fence or masonry wall.
1331.11 ACCESSORY BUILDINGS AND USES.
Customary accessory buildings and uses are allowed in all districts, as specifically regulated in that district, provided that:
(a) No more than two accessory structures, including a private garage, shall be permitted per principal structure except as provided in Section 1347.01, R-5 or Planned Residential Developments.
(b) Accessory buildings, if detached from a principal structure, shall not be placed in the front yard, and they shall not, if placed in a side yard, be located closer to the street than the required front yard setback of the principal structure.
(c) Accessory structures, if detached from a principal structure, shall not be located closer than five feet to the rear lot line.
(d) On corner lots, accessory structures shall not be located on the side street side between the side street and the required front yard setback line of structures fronting on the side street.
(e) When an accessory structure is attached to a principal building, it shall comply in all respects with the requirements of this Zoning Ordinance applicable to the principal building(s).
(f) Accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory.
(g) Any building connected to another building by an open breezeway shall be deemed to be a separate building.
(h) The total square footage of all accessory buildings shall not exceed 50 percent of the first or ground floor of the principal building.
(i) The square footage of the first (ground) floor of the accessory building or buildings shall be included in the computation of lot coverage.
(j) Accessory buildings shall not exceed fifteen feet in height, except for industrial uses in industrial districts.
(Ord. 12225. Passed 4-17-01.)
(k) No accessory building shall be constructed with a cellar or below-grade story, and no heating shall be installed in any part of such accessory building, nor shall an accessory structure be used for the purpose of heating the principal building.
(Ord. 14150. Passed 6-21-11.)
(l) No part of any such building shall be designed or used for sleeping purposes, and no cooking facilities shall be placed or permitted therein.
(m) Any accessory building designed as a poolhouse shall be located no farther than ten feet from the swimming pool to which it shall be accessory.
(n) A private garage may be constructed as part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the applicable front, side, and rear yard requirements of this chapter.
(o) ACCESSORY STRUCTURES WITHOUT FOUNDATION. A single accessory structure may be installed and utilized on any premises without the issuance of a building permit or zoning compliance certificate, provided that each of the following criteria is satisfied:
(1) The structure does not have a permanent foundation.
(2) The structure does not exceed one hundred square feet in floor area.
(3) The structure is not served by any utility such as electricity, gas or plumbing.
(4) The structure does not exceed ten feet in height at the ridge.
(5) The structure is not used for human habitation.
(6) All other requirements of this chapter related to accessory structures are fully met.
(p) ACCESSORY RETAIL USES. Where non-residential uses are permitted in a residential district, uses such as hospitals, clubs, and apartment buildings over fifty dwelling units may conduct customary and appropriate retail activities such as gift shops, cafeterias, fitness rooms, and snack shops. Such uses shall be conducted within the principal structure. There shall be no external evidence of retail activity discernible from the outside of the structure. Access to the retail activity shall only be from within the principal structure. Use of such accessory retail uses is limited to the employees, residents, and/or patrons of the principal use.
(q) DRIVE-THROUGH SERVICE FACILITIES. Drive-through service facilities are deemed accessory to a principal facility or operation such as a bank, dry-cleaning establishment, photo developing center, restaurant, carwash or any facility in which goods or services are delivered to the driver or a passenger of a motor vehicle who remains in the motor vehicle. The plan for a proposed drive-through facility shall be subject to the review and approval of the Public Works Director and Zoning Administrator. Approval may be granted if the Public Works Director and the Administrator determine that the facility and its associated operational characteristics will not create a traffic hazard either with respect to automobile stacking and traffic congestion, the adequacy and safety of entry and exit points, or the on-site vehicular circulation pattern.
1331.12 BUILDINGS ON SAME LOT.
(a) DISTANCE BETWEEN PRINCIPAL BUILDINGS ON SAME LOT. In non- residential districts, no detached principal building shall be located closer to any other principal building on the same lot than the height of the taller of said buildings.
(b) NUMBER OF BUILDINGS RESTRICTED.
(1) In any residential district, except as otherwise specifically provided by this chapter, there shall be no more than one principal structure or use and its accessory structures or uses on any one lot.
(2) In any non-residential district, more than one principal structure may be permitted, provided that yard and other requirements of this Zoning Ordinance shall be met for each structure as though it were on an individual lot.
(3) See also Section 1331.11.
1331.13 GENERAL PERFORMANCE AND MAINTENANCE STANDARDS.
No use shall be established or maintained that does not conform to the following standards of use, occupancy and operation, in addition to all relevant provisions of other local, state and federal laws, rules and regulations providing performance standards for use, occupancy and operation of lands and the structures and enterprises thereon. Continued conformance with such standards shall be a requirement for the maintenance of any zoning compliance certificate issued under this chapter.
(a) NOISE.
(1) No person, firm or corporation shall operate or cause to be operated any source of sound, except as set forth below, which exceeds the limit set forth below when measured by a sound level meter having an A-weighted filter and constructed in accordance with the specifications of the American National Standards Institute at any property line of the lot from which the noise is emitted:
A. Sixty (60) decibels on the A-weighted scale between the hours of 7:00 a.m. and 8:00 p.m.
B. Fifty (50) decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.
(2) The following uses and activities shall be exempt from these noise regulations:
A. Temporary construction noises between the hours of 7:00 a.m. and 8:00 p.m.
B. Transient noises of moving sources such as automobiles, trucks and railroads.
C. Noise from safety signals, warning devices and emergency pressure relief valves.
D. The sound of bells or chimes from a church.
E. Noises generated by agricultural and farm activities and the normal maintenance of residential, business and other properties.
(b) PARTICULATE MATTER. No person, firm or corporation shall permit the emission of any particulate matter, from any source whatever, in excess of applicable state and federal regulations.
(c) GLARE AND HEAT. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which a use is situated. Special efforts shall be required, such as the planting of vegetation and the installation of light shields, to alleviate the impact of objectionable or offensive light and glare produced by exterior sources on neighboring residential properties or public thoroughfares. In particular, no use shall produce glare so as to cause illumination beyond the property on which it is located in excess of five-tenths (0.5) footcandle.
(d) SOLID AND NONTOXIC LIQUID WASTES. No solid or nontoxic liquid wastes shall be discharged into any public sewer, common or private sewage disposal system or stream or on or into the ground, except in strict conformance with the standards approved by the West Virginia State Health Department, the West Virginia Department of Environmental Conservation or other duly empowered agency. Facilities for the storage of solid wastes shall be so located and designed as to be screened from the street and/or from any adjoining property and so as to discourage the harboring of rodents or insects.
(e) RADIOACTIVITY OR ELECTROMAGNETIC DISTURBANCE. No activity shall be permitted which emits dangerous radioactivity beyond the premises on which such activity is located or electrical disturbance adversely affecting the operation of radios, televisions or any equipment other than that of the creator of such disturbance.
(f) FIRE AND EXPLOSION HAZARDS. All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire suppression equipment and devices standard in the industry. All applicable requirements of the West Virginia State Uniform Fire Prevention and Building Code and West Virginia Department of Environmental Conservation regulations, as well as the provisions of the National Fire Protective Association (NFPA) Code, shall be fully observed.
(g) ODOR. No person, firm or corporation, excluding farms and agricultural operations, shall permit the emission of any noxious or offensive odor at the property line of the lot from which the odor is emitted.
(h) TOXIC OR NOXIOUS WASTES. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other wastes outside the building in which the use is conducted. In particular, toxic wastes from light industry, commercial establishments, institutions, home occupations or any other source shall not be disposed of on the ground or into the surface water or down the drain into septic systems or curbside with ordinary household garbage. Wastes such as but not limited to creosote, oils, liquid and solid chemicals, solvents and cleaners, glues, acids, metals, infectious materials, pesticides and herbicides, paints and varnishes and pharmaceuticals and radioactive wastes shall be properly stored and disposed of at facilities or through pickup services specifically designated for the handling and disposition of such toxic substances.
(i) VIBRATION. No activity shall cause or create a steady state or impact vibration discernible at any lot line.
(j) MAINTENANCE OF DEVELOPED LOTS. All open portions of any developed lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free and erosion-resistant condition by suitable landscaping with trees, shrubs, grasses or other planted ground cover or by paving with asphalt, concrete, washed stone or other suitable material. Required yard areas shall be planted and maintained in accordance with the approved site plan for the premises and in a manner which is compatible with its use and beneficial enjoyment.
1331.14 PROHIBITED USES.
Except as hereinafter provided in this chapter:
(a) No private or public housing shall be permitted in any industrial zone, except as an accessory use for a custodian or watchman.
(b) No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, moved, altered, reconstructed, or enlarged for any purpose except in conformance with the regulations herein specified for the zoning district in which it is located.
1331.15 NONCONFORMING USES, LOTS, AND STRUCTURES.
(a) INTENT. If, within the districts established by this Zoning Ordinance or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before the effective date of this Zoning Ordinance, but which do not conform to this Zoning Ordinance or future amendments, it is the intent of these regulations to permit these nonconformities to continue until they are removed or abandoned. Such uses are declared by this Zoning Ordinance to be incompatible with permitted uses in the districts involved. However, these regulations recognize the right of nonconformities to continue, but encourage such lots, uses, and structures to be brought into conformity with these regulations as soon as reasonable.
(b) NONCONFORMING LOTS OF RECORD.
(1) In any district in which residential dwellings are permitted, notwithstanding limitations imposed by other provisions of this Zoning Ordinance, a single- family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. If the lot is dimensionally nonconforming with regard to yard requirements, a variance must be obtained from front, side, and rear yard requirements from the Board of Zoning Appeals. The lot shall comply with all other development standards for the district and with Section 1331.06.
(2) Expansion or Reduction of Nonconforming Lots. Lots that fail to meet minimum width or area requirements may be expanded to include abutting lots under the same ownership. Lots that fail to meet minimum width or area requirements may not be reduced in width or area respectively.
(c) NONCONFORMING USES. Where a lawful use exists which, on the effective date of these regulations or subsequent amendment thereto, becomes nonconforming, such use may be continued so long as it has not been abandoned and remains otherwise lawful, subject to the following provisions:
(1) No nonconforming use shall be changed into another nonconforming use.
(2) No nonconforming use shall, if once changed into a conforming use, be changed back to a nonconforming use.
(3) No nonconforming use shall be enlarged, increased, extended, or expanded.
(4) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use.
(5) External evidence of a nonconforming use shall not be increased by any means whatsoever.
(6) No nonconforming use shall be re-established if such use has for any reason been discontinued for a period of six months during any twelve-month period, except when government action impedes access to the premises. Discontinuance shall be deemed substantial or total cessation of activities with respect to the nonconforming use and/or substantial or total vacancy of the structure in which the nonconforming use was conducted. Such discontinuance shall be deemed abandonment, irrespective of whether an intent to abandon the nonconforming use may exist. Intent to resume a nonconforming use shall not confer the right to do so.
(7) If a nonconforming use of land is ceased for any reason, any subsequent use of such land shall conform to the regulations specified by this Zoning Ordinance for the district in which such land is located.
(Ord. 12225. Passed 4-17-01.)
(8) Any property found to be a public nuisance by City Council, which has a nonconforming status, shall lose its nonconforming status after three months.
(9) Any property found to be a permanent public nuisance by City Council, which has a nonconforming status, shall immediately lose its nonconforming use status and revert to the land use permitted in accord with the Zoning Ordinance.
(Ord. 12746. Passed 12-2-03.)
(d) NONCONFORMING STRUCTURES. Where a lawful structure exists at the effective date or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on lot area, lot coverage, height, yards, floor area ratio, off-street parking, loading, or other dimensional requirements or characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful. Such a building or structure that is otherwise conforming in use shall be deemed to be dimensionally nonconforming. The following provisions apply:
(1) Any nonconforming building or structure or portion thereof may be altered to decrease its dimensional nonconformity.
(2) Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(e) NONCONFORMANCE CREATED BY ZONING CHANGE OR OTHER AMENDMENTS TO THIS CHAPTER. Whenever a zoning designation or the restrictions affecting property within a district shall be changed hereafter so as to render nonconforming a use, building, or structure then presently or theretofore legally existing, such use, building, or structure may nevertheless continue subject to the conditions set forth in this chapter. Said uses shall be deemed nonconforming uses and said buildings and structures shall be deemed dimensionally nonconforming. Nothing in these regulations shall require any change in the plans, construction, or designated use of a building for which a building permit was issued prior to the effective date of these regulations provided that such building permit has not expired when construction is commenced.
(f) REPAIRS AND MAINTENANCE. A nonconforming structure may be maintained, repaired, or altered but shall not be enlarged in any way that increases its nonconformity. Nothing in this Zoning Ordinance shall prevent the restoration to a safe condition of any building or part thereof declared to be unsafe by the Building Inspector.
(g) RECONSTRUCTION OF NONCONFORMING USES AND STRUCTURES. Should a nonconforming structure or portion thereof, or a conforming structure with a nonconforming use be destroyed or damaged by any means to an extent where the cost of reconstruction exceeds fifty percent of the fair market value thereof at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance.
(h) SPECIAL PERMIT USES. Any use for which a special use permit is required as provided in this Zoning Ordinance shall not be deemed a nonconforming use, but shall be deemed a conforming use in such district.
(i) AUTOMATIC SPECIAL PERMIT. Any use in existence as of the effective date of this chapter which is by this chapter made a special permit use in the district in which it is located shall be presumed to have a special permit to the extent such use is legally conforming as of the date immediately prior to the effective date of this Chapter.
1331.16 FENCE FACING.
The finished surfaces of any fence shall face toward adjacent properties and street frontage. Fence posts and supporting structure, when visible on one side and not the other or more visible on one side than the other, should face inward. The Economic and Community Development Director may make a determination as to which side of a fence is the finished surface, should there be a question or dispute regarding the unfinished surface.
(Ord. 14221. Passed 9-20-11.)