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Wheeling City Zoning Code

ARTICLE 1339

Commercial Districts

1339.01 GENERAL PROVISIONS AND REFERENCES.

   (a)   PURPOSE AND INTENT. It is the purpose and intent of these districts to provide the City of Wheeling with varying areas of commercial services at appropriate densities and mixes of uses given each district's location, road network, capacity to provide on-site parking, and surrounding non-commercial uses.
   (b)   REFERENCES. See Article 1331 for general regulations applying to all districts. Section 1331.09 (d) regulates the size of yards when abutting lots are in districts of different restrictiveness. See Article 1355 et seq. for supplemental regulations, including parking lot and landscape screening requirements that buffer adjoining residences from the impacts of commercial uses. See Article 1371 for special permit uses. See Article 1373 for uses subject to site development plan approval.
   (c)   CONVERSION OF RESIDENTIAL STRUCTURES. When a residential structure is proposed for a non-residential use, the applicant shall demonstrate to the satisfaction of the Economic and Community Development Department that the exterior of the structure shall remain residential in appearance. Doors and windows shall remain of a residential type. Parking shall be placed to the side or rear. The building façade, roofing, shutters, and other exterior materials, and exterior colors and lighting shall remain in context with the adjoining residential neighborhood.
   (d)   ABUTTING LOTS IN DIFFERENT DISTRICTS
      (1)   Increased setbacks. 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. (See Section 1331.09(d).)
      (2)   Landscaped screening. Sections 1355.05, 1355.06, and 1355.07 regulate the landscaping and screening on commercially-zoned lots that abut residentially-zoned lots.
      (3)   No off-street loading area or parking area or part thereof in all districts except R-1A, R-1B, R-1C, and R-2 shall be closer than ten feet to any dwelling, school, hospital or institution for human care located on an adjoining or adjacent lot. (See Section 1355.03.)
   (e)    FENCING. An application to erect a fence in the Downtown zoning districts (D-1, D-2, D-3) must be submitted to the Zoning Office for approval and be accompanied by a recommendation (or Certificate of Appropriateness) from the Planning Commission. Thereafter, should the application be rejected by the zoning office, the applicant may proceed to the appellate remedies available in Article 1377. (Ord. 13891. Passed 11-17-09.)

1339.02 LOT, AREA, AND BULK REQUIREMENTS.

   Refer to District Schedule of Dimensional Requirements, Schedule 5.A for minimum and maximum lot, area, and bulk requirements in commercial districts.

1339.03 C-1 NEIGHBORHOOD COMMERCIAL.

   The objectives of the C-1 District are to permit a compatible mix of commercial and residential uses within a medium-density neighborhood business district, and to contain retail businesses in a compact and cohesive location. The commercial uses should predominantly serve the convenience retail and service needs of local residents and employees. In commercial district C-1, land and structures may only be used for:
   (a)   PRINCIPAL PERMITTED USES.
      (1)   Bank or lending institution.
      (2)   Government service or office.
      (3)   Office.
      (4)   Personal service establishment.
      (5)   Recreational facility.
      (6)   Restaurant without lounge.
      (7)   Retail business and business-to-business establishment.
      (8)   Retail Food Establishment.
      (9)   Veterinarian; non-boarding animals only.
      (10)   Residential Uses, as per R-4;
         A.   Single-family dwelling.
         B.   Two-family dwelling.
         C.   Multi-family dwelling.
         D.   Home occupation as an accessory use to a principal residential use, regulated under Article 1367.
(Ord. 12821. Passed 5-4-04.)
      (11)   Religious land use. (Ord. 12879. Passed 7-20-04.)
   (b)   ACCESSORY USES.
      (1)   Accessory buildings and structures that are customary and clearly incidental to the principal use.
      (2)   A private garage or open parking for operative passenger vehicles and for not more than one commercial licensed operative vehicle of person residing on the premises.
      (3)   A playhouse, tool house, garden house, greenhouse, or private swimming pool not operated for gain.
      (4)   Customary home occupation. See Article 1367.
      (5)   One accessory apartment in an owner-occupied single-family dwelling.
   (c)   SPECIAL PERMIT USES.
      (1)   Community center.
      (2)   Day care center; nursery school.
      (3)   Membership association.
      (4)   Public or private utility.
      (5)   Service station.
      (6)   Restricted accessory parking.
      (7)   Restaurant with lounge. (Ord. 12821. Passed 5-4-04.)

1339.04 C-2 GENERAL COMMERCIAL.

   The objectives of the C-2 District are to permit commercial goods and services on a major collector or business street, and to require those businesses to mitigate their impact on nearby residences through parking, landscaping, lighting, signage, and building exterior controls. The commercial uses should serve both the retail and service needs of local residents and employees and a larger retail market brought into the commercial area due to the nature of the collector or business street. In commercial district C-2, land and structures may only be used for:
   (a)   PRINCIPAL PERMITTED USES
      (1)   Any non-residential principal permitted use in C-1.
      (2)   Bowling alley.
      (3)   Vehicle repair or servicing.
      (4)   New and/or used vehicle sales.
      (5)   Service station and/or car wash.
      (6)   Funeral home.
      (7)   Hotel or motel.
      (8)   Bar, tavern, and social club.
      (9)   Restaurant with lounge.
      (10)   Marina, with no sale of fuel.
      (11)   Membership association.
      (12)   Package liquor store.
      (13)   Parking garage or parking lot.
      (14)   Wholesale business establishment.
      (15)   Veterinarian; non-boarding animals only.
      (16)   Residential use, as per R-4:
         A.   Single-family dwelling.
         B.   Two-family dwelling.
         C.   Multi-family dwelling.
   (b)   ACCESSORY USES
      (1)   Accessory buildings and structures that are customary and clearly incidental to the principal use.
      (2)   A private garage or open parking for operative passenger vehicles and for not more than one commercial licensed operative vehicle of person residing on the premises.
      (3)   A playhouse, tool house, garden house, greenhouse, or private swimming pool not operated for gain.
      (4)   Customary home occupation. See Article 1367.
      (5)   One accessory apartment in an owner-occupied single-family dwelling.
    (c)   SPECIAL PERMIT USES
      (1)   Any special permit use permitted in C-1.
      (2)   (Repealed)
      (3)   Hospital.
      (4)   Marina, including the sale of fuel.
      (5)   Open air or drive-in theater.
      (6)   Pet shop, animal hospital, or kennel.
      (7)   Printing and engraving establishments.
      (8)   Funeral home.
         (Ord. 12822. Passed 5-4-04; Ord. 14993. Passed 8-15-17.)

1339.05 D-1 DOWNTOWN, HIGH DENSITY.

   The D-1 district allows high density residential and commercial uses appropriate to the City's commercial core and to its regional role. In D-1, land and structures may only be used for:
   (a)   PRINCIPAL PERMITTED USES
      (1)   Any non-residential principal permitted use allowed in C-1 and C-2.
      (2)   Hotel or motel.
      (3)   Radio or television broadcasting.
      (4)   Cultural facility.
      (5)   Entertainment Facility.
      (6)   Restaurant.
      (7)   Bar.
      (8)   Educational Institutions and related facilities.
      (9)   Multi-family dwelling, home occupation as an accessory use to a principal use, regulated under Article 1367.
      (10)   Adult establishment, subject to the standards in Article 1361.
         (Ord. 14993. Passed 8-15-17.)
   (b)   ACCESSORY USES
Use and structures that are customary and clearly incidental to the principal use.
Customary home occupation. See Article 1367.
   (c)   SPECIAL PERMIT USES
Parking garage or parking lot.

1339.06 D-2 DOWNTOWN, MEDIUM DENSITY.

   The D-2 district allows medium density residential and commercial uses appropriate to the area surrounding the City's commercial core but still within the Downtown. In D-2, land and structures may only be used for:
   (a)   PRINCIPAL PERMITTED USES
      (1)   Any non-residential principal permitted use allowed in D-1.
      (2)   Community Center.
      (3)   Multi-family dwelling.
      (4)   Adult establishment, subject to the standards in Article 1361.
         (Ord. 14993. Passed 8-15-17.)
   (b)   ACCESSORY USES
Accessory uses that are customary and clearly incidental to the principal use.
Customary home occupation. See Article 1367.
   (c)   SPECIAL PERMIT USES
Parking garage or parking lot.

1339.07 D-3 RIVERFRONT DISTRICT.

   The D-3 District allows low to medium density residential and commercial uses along the riverfront and is designed to encourage the appropriate revitalization of this area of the Downtown. Maximum building height in this district is more restricted than in D-1 and D-2 in order to preserve river views from upland areas in the Downtown. Public access to the riverfront and the bicycle path are required. In D-3, land and structures may only be used for:
(Ord. 14405. Passed 1-2-13.)
   (a)   PRINCIPAL PERMITTED USES
      (1)   Multi-family dwelling.
      (2)   Any non-residential use allowed in D-2.
      (3)   Civic or governmental facility.
      (4)   Park.
      (5)   Adult establishment, subject to the standards in Article 1361.
         (Ord. 14993. Passed 8-15-17.)
   (b)   ACCESSORY USES
Accessory uses that are customary and clearly incidental to the principal use.
   (c)   SPECIAL PERMIT USES
      Parking garage or parking lot.
   (d)   PUBLIC ACCESS
Mapped roads that intersect with Main Street and Water Street shall not be demapped within the D-3 district.
Alleys that exist in the D-3 district as of the effective date of this ordinance shall continue as alleys or public walkways in the D-3 district.
Public access from the roads and alleys noted above to the riverfront park path system shall be maintained.
Wherever land is rezoned to a D-3 district, roads and alleys that are mapped at the time of the rezoning shall be maintained. Public access connections shall be provided to the riverfront park path system or directly to the river if the park system has not yet been extended in the rezoned area.

1339.08 EMO EDUCATIONAL, MEDICAL, AND OFFICE DISTRICT.

   The objectives of the EMO district are to recognize those areas in the City where major institutional uses are the principal permitted land uses and to control their special bulk, density, and impacts. Residences are compatible uses in the EMO districts. In an EMO district, land and structures may only be used for:
   (a)   PRINCIPAL PERMITTED USES
Any residential use permitted in R-3.
Hospital and related facilities.
Educational institution and related facilities.
(Ord. 12225. Passed 4-17-01.)
Religious land use. (Ord. 12879. Passed 7-20-04.)
Senior housing.
Office building.
Funeral home.
   (b)   ACCESSORY USES
Uses and structures that are customary and clearly incidental to the principal use.
   (c)   SPECIAL PERMIT USES
Parking garage or parking lot.
Day care or nursery school.
Cemetery
Restricted accessory parking.
 
CITY OF WHEELING - COMMERCIAL DISTRICTS

SCHEDULE OF DIMENSIONAL REQUIREMENTS - SCHEDULE 5-A

District
Land Use
Minimum Lot Area
Minimum Lot Frontage
Minimum Lot Depth
Floor Area Radio
Front
2 Sides
1 Side
Rear
Minimum Height/ Maximum Height
C-1
a. Non-Residential
5,000 s.f.
50 feet
100 feet
0.75
10 feet
0 feet
0 feet
12 feet
2 stories
35’
Neighborhood Commercial
b. Multi-Family Dwelling (3)
1,500 s.f. (per d.u.)
40 feet
100 feet
n.a.
10 feet
8 feet
3 feet
12 feet
2 stories
35’
c. Two-Family Dwelling (3)
5,000 s.f.
40 feet
100 feet
n.a.
10 feet
8 feet
3 feet
12 feet
2 stories
35’
d. One-Family Dwelling (3)
4,000 s.f.
40 feet
100 feet
n.a.
10 feet
8 feet
3 feet
12 feet
2 stories
35’
C-2
a. Non-Residential
10,000 s.f.
75 feet
100 feet
1.5
10 feet
10 feet
4 feet
15 feet
3 stories
45’
General Commercial
b. Multi-Family Dwelling (3)
900 s.f. (per d.u.)
40 feet
100 feet
n.a.
10 feet
15 feet
8 feet
15 feet
3 stories
45’
c. Two-Family Dwelling (3)
4,000 s.f.
40 feet
100 feet
n.a.
10 feet
8 feet
3 feet
12 feet
2 stories
35’
d. One-Family Dwelling (3)
4,000 s.f.
40 feet
100 feet
n.a.
10 feet
8 feet
3 feet
12 feet
2 stories
35’
EMO
a. Non-Residential
2,000 s.f.
0 feet
0 feet
1.5 (1)
30 feet
12 feet
n.a.
20 feet
6 stories
72’
 
Education, Medical, Office
b. Residential
See R-1C for all lot area and bulk requirements.
 
D-1
a. Non-Residential
n.a.
0 feet
0 feet
4
0 feet(4)
0 feet(4)
0 feet(4)
0 feet
2./10 stories
120’
Downtown, High Density
b. Multi-Family Dwelling
5,000 s.f.
50 feet
100 feet
n.a.
0 feet(4)
0 feet(4)
0 feet(4)
12 feet
2/10 stories
120’
D-2
a. Non-Residential
n.a.
0 feet
0 feet
2.75
0 feet(4)
0 feet(4)
0 feet(4)
0 feet
2/5 stories
60’
Downtown, Medium Density
b. Multi-Family Dwelling
5,000 s.f.
50 feet
100 feet
n.a.
0 feet(4)
0 feet(4)
0 feet(4)
12 feet
2/5 stories
60’
D-3
a. Non-Residential
n.a.
0 feet
0 feet
1.5
0 feet(4)
0 feet(4)
0 feet(4)
0 feet
2/5 stories
60’
Downtown, Riverfront
b. Multi-Family Dwelling
5,000 s.f.
50 feet
100 feet
n.a.
0 feet(4)
0 feet(4)
0 feet(4)
12 feet
2/3 stories
45’
 
NOTES
(1)    Maximum lot coverage is 45 percent of the gross lot area.
(2)    See subsection 5.01 for further controls on minimum yards when a commercial district abuts a residential district.
(3)    In the C-1 and C-2 districts, maximum lot coverage is 50 percent of the gross lot area for residential structures on the lot.
(4)   In the D-1, D-2 and D-3 Districts, the 0 foot setback shall be a maximum setback along the front property line and extend the width of the property.
(Ord. 12419. Passed 2-19-02; Ord. 14917. Passed 2-21-17; Ord. 14952. Passed 7-21-17; Ord. 15396. Passed 3-17-20; Ord. 15861. Passed 3-21-23.)