Wheeling City Zoning Code
ARTICLE 1343
Industrial Districts
1343.01 GENERAL PURPOSE, INTENT, AND REFERENCES.
(a) PURPOSE AND INTENT. It is the purpose and intent of these districts to provide the City of Wheeling with industrial areas appropriate to its regional role, geographic locations of such uses, and road and rail network, while protecting the general health, safety, and welfare of the population and property values within the City.
1343.02 LOT, AREA, AND BULK REQUIREMENTS.
Refer to the District Schedule of Dimensional Requirements, Schedule 6-A for minimum and maximum lot, area, and bulk requirements in industrial districts.
1343.03 I-1 LIGHT INDUSTRIAL.
The I-1 district is a low-density district that allows light industry that conforms to established performance standards. Commercial uses are also allowed. In industrial district I-1, land and structures may only be used for:
(a) PRINCIPAL PERMITTED USES
(1) Any principal use allowed in C-2, but not including residential use.
(2) Wholesale business, storage, and warehousing.
(3) Vehicle sales, service, and washing.
(4) Animal sales.
(5) Truck terminal.
(6) Public and private utility.
(7) Non-vehicular repair and maintenance service
(b) ACCESSORY USES
(1) Uses and structures that are customary and clearly incidental to the principal use.
(2) Residence of watchman, custodian, or caretaker employed on premises.
(c) SPECIAL PERMIT USES
(1) Marina, with sale of fuel.
(2) Parking garage or lot.
(3) Service station.
(4) Light manufacturing.
(5) Residential use existing at the time of the effective date of this ordinance shall be automatically granted a permit to continue as allowed specially permitted uses.
1343.04 I-2 GENERAL INDUSTRIAL.
The I-2 district is a low-density district that allows light and medium industrial uses, also known as general industry, that conform to established performance standards. Commercial uses are also allowed. In industrial district I-2, land and structures may only be used for:
(a) PRINCIPAL PERMITTED USES
(1) Any principal use allowed in I-1.
(2) Assembly.
(3) Distribution and storage.
(4) Light manufacturing.
(5) Parking garage or lot.
(6) Service station.
(7) Rail terminal and yard.
(b) ACCESSORY USES
Any accessory use permitted in I-1
(c) SPECIAL PERMIT USES
(1) Any special permit use allowed in I-1.
(2) Any manufacturing use involving primary production from raw materials.
(3) Automobile salvage and wrecking operations, and junkyards.
(4) (Repealed)
(5) Residential uses existing at the time of the effective date of this ordinance shall be automatically granted a permit to continue as allowed specially permitted uses.
(6) Extractive industry/mineral extraction.
(Ord. 12225. Passed 4-17-01; Ord. 14993. Passed 8-15-17; Ord. 15529. Passed 4-6-21.)
1343.05 REQUIRED PERFORMANCE STANDARDS.
(a) APPLICABLE STANDARDS. All permitted, accessory, and special permit uses in all industrial districts shall be subject to review in accordance with the following industrial performance standards.
(1) Enclosed operations, material storage. All operations are conducted and all materials are stored within enclosed buildings.
(2) Fuel. All operations shall be required to use a smokeless fuel for heating and operating.
(3) Smoke and particulate emissions. The permitted levels shall be no greater than those allowable under the Administrative Regulations of the West Virginia Air Pollution Control Commission.
(4) Dust. No dust of any kind produced by the industrial operations is permitted to escape beyond the confines of the building in which it is produced.
(5) Vibrations. There shall be no measurable vibrations beyond the lot line of any individual operation.
(6) Toxic or noxious matters. No use shall discharge across the boundaries of the lot wherein it is located toxic or noxious matter that can cause any damage to health, to animals and vegetation, or to other forms of property.
(7) Odorous matter. There shall be no emission of odorous matter in such quantities as to be offensive at any point along or beyond lot lines. Any process that may involve the creation or emission of any odor shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
(8) Explosive hazards. No activities involving the storage, utilization or manufacture of materials or products that decompose by detonation shall be permitted within the district.
(9) Glare. Any operation producing intense glare or heat shall be performed within an enclosed building as to be completely imperceptible from any point beyond the lot lines.
(10) Radioactivity. No activities shall be permitted which cause radioactivity in violation of Title 10, Chapter I, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation", dated June 16, 1957, or any subsequent revision or amendment thereto.
(11) Noise. Maximum permissible sound level measured along the lot line of the sound emitting property, excluding vehicular traffic, shall not exceed the values for octave bands lying within the several frequency limits given in Table 1343.05A below after applying the corrections shown in Table 1343.05B. Transportation facilities and temporary construction work shall be exempted from measurement. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc. and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, or latest approved revision thereof, American Standards Association, Inc. shall be used.
Noise Measurement Corrections Type or Location of Operation or Character of Noise Correction in Decibels (a) Daytime operation only 5 (b) Noise source operates less than * (1) 20% of any one-hour period 5 (2) 5% of any one-hour period 10 (c) Noise of impulsive character, hammering, etc. - 5 (d) Noise of periodic character, hum, screech, etc.- 5 (e) Property is within 500 feet measured horizontally or vertically of any residential zone 10 *Apply only one of these corrections. |
(b) COMPLIANCE WITH STANDARDS. Any application for a building permit for an industrial use shall be accompanied by a sworn statement filed by the owner of subject property or the operator of the proposed use that such use will be operated in accordance with the performance standards set forth herein. Continued compliance with performance standards is required and shall be enforced by the Zoning Officer. All violations shall be terminated within thirty days or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
(c) REGULATION OF NUISANCE ELEMENTS. The determination of the existence of the nuisance elements of noise, vibration, glare, dust, toxic or noxious matters shall be made at the property lines of the use creating same. The determination of the existence of the nuisance elements of radioactivity, smoke, particulate emissions, and other forms of air pollution shall be made anywhere within the City. The determination of the existence of the nuisance element of odor shall be made at the zone district boundary line within which the use creating such element is located.
1343.06 REQUIRED DEVELOPMENT STANDARDS.
All permitted, accessory, and special permit uses in all industrial districts shall be subject to the following development standards.
(a) Building materials. All buildings or other structures erected in industrial districts shall be fireproof and constructed of masonry or other strong and architecturally acceptable materials.
(b) Heights of structures. Any principal structure erected within an industrial district shall not exceed forty feet in height, measured from the average elevation of the finished lot grade at the front of the building to the roof-line. However, this height may be exceeded for water towers or tanks, standpipes, penthouses or structures for housing elevators or related equipment, stairways, ventilating fans or other equipment required to operate or maintain the buildings; fire or parapet walls; cooling tanks or towers; signs on top of parapets; flagpoles, chimneys, storage and/or mixing towers; and similar structures. But no structure or any space above the height limit shall be allowed for the purpose of creating additional office or production floor space or for sign display other than the permitted signs on top of the parapet.
(c) Site coverage. No buildings or other structures should be built or maintained which, in the aggregate, cover more than sixty-five percent (65%) of the total land area.
(d) Off-street parking. It shall be the responsibility of each occupant industry to provide off-street parking facilities for employees, visitors, trucks, and trailers, as per the requirements of Article 1359. Parking shall not be provided in the required front yard. Parking requirements may be modified where the availability of parking areas within the district will provide sufficient parking spaces.
(e) Site landscaping improvements and maintenance. Any area within a building site that is landscaped shall be done attractively with lawn, trees, shrubs and other plantings. All landscaped areas shall be properly maintained thereafter in a well- kept condition. Front yards of building sites shall be maintained in grass except walks, drives, plantings, and flagpoles. All walks, driveways, and parking areas shall be surfaced with bituminous, concrete, or equivalent coatings. Occupant industries shall have the responsibility of extending driveways to existing or projected streets, at their own expense, even though parts of this construction are within the street right of way. Unpaved parts of the site shall be maintained in grass and landscaped, including any such property that may be in a street, rail, or utility right-of-way. Maintenance of individual building sites within the district shall be the responsibility of the occupant industry, and the premises, buildings, and all improvements shall be kept in a safe, clean, healthful, and presentable condition at all times. The removal of undergrowth, weeds, debris, rubbish, trash, excess dirt, industrial wastes or garbage, and any other unsightly material from a building site shall be done or arranged to be done by the occupant industry.
(f) Loading facilities. The maneuvering of trucks and trailers shall be confined to the premises of each occupant industry. Minimum requirements for off-street loading facilities shall be one loading space at least fourteen feet by sixty feet with a fifteen- foot height clearance if covered; total depth of the off-street maneuvering apron and truck position at dock shall be a minimum of 115 feet. The number of truck loading docks will be dependent upon the nature of the industry and types of transport service needed.
(h) Outside storage. Outside storage shall not be permitted. Where necessary to temporarily store finished or semi-finished products or other materials outside the plant building, the rear part of the property shall be used for such storage, and the storage area shall be screened by a fence at least six feet in height. All fencing for screening, security, or other purposes shall be attractive in appearance and be of an all-metal industrial type of galvanized or nonferrous material.
(i) Drainage plan. The applicant or occupant of the property shall submit for review and approval a drainage system plan for controlling storm and surface water runoff, with special emphasis on controlling the drainage on off-street parking and loading areas.
SCHEDULE OF DIMENSIONAL REQUIREMENTS
District Schedule of Dimensional Requirements – Schedule 6.A | ||||||||
District | Minimum Lot Area | Maximum Lot Coverage | Minimum Lot Frontage | Minimum Yards | Maximum Height | |||
Front | Side | Rear | ||||||
I-1 Light Industry | 5,000 sf | 65% | n.a. | 30 feet | 15 feet | 15 feet | 3 stories | 40 feet |
I-2 General Industry | 10,000 sf | 65% | 100 feet | 30 feet | 15 feet | 15 feet | 3 stories | 40 feet |