Winfield City Zoning Code
CHAPTER THREE
Zoning Ordinances
1341.01 GENERAL.
Chapter Three of this Part Thirteen - Planning and Zoning Code establishes zoning regulations for the Town of Winfield. The chapter provides for the administration, enforcement, and amendment thereof, in accordance with the provisions of Article 24, Chapter 8 of the Code of West Virginia.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1341.02 SHORT TITLE.
This Chapter Three shall be known and may be cited as the Zoning Ordinance for the Town of Winfield, Putnam County, West Virginia, or simply as the Zoning Ordinance.
(Ord. 2005-06-02. Passed 3-20-06.)
1341.03 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of the Zoning Ordinance to protect and promote the public health, safety, convenience, morals, and general welfare. More specifically, the Zoning Ordinance is intended to assist in implementation of the Town of Winfield Town Plan.
(Ord. 2005-06-02. Passed 3-20-06.)
1341.04 TERRITORIAL APPLICABILITY.
The regulations contained within the Zoning Ordinance shall apply to the area illustrated on the Zoning Maps for the Town of Winfield.
(Ord. 2005-06-02. Passed 3-20-06.)
1341.05 SEVERABILITY CLAUSE.
Should any section or provision of the Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part declared to be unconstitutional or invalid.
(Ord. 2005-06-02. Passed 3-20-06.)
1343.01 GENERAL DEFINITIONS.
The following rules of construction shall apply to the text of the Zoning Ordinance:
(a) The specific language shall control the general language.
(b) In the event there is any conflict or inconsistency between the heading of an article, section, subsection, or paragraph of the Zoning Ordinance and the context thereof, said heading shall not be deemed to affect the scope, meaning, or intent of such context.
(c) In case of any difference of meaning or implication between the text of the Zoning Ordinance and any caption, illustration, summary table, or illustrative table, the text shall control.
(d) In case of conflict between regulations or by private restrictions, covenants, or declarations, the more restrictive shall apply.
(e) Words used in the present tense shall include the future.
(f) Words used in the singular number shall include the plural, and the plural the singular, unless the context indicates the contrary.
(g) The masculine shall include the feminine and the neuter.
(h) The word "shall" is always mandatory and not discretionary.
(i) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or", "either..or", the conjunction shall be interpreted as follows:
(1) "and" indicates that all the connected items, conditions, provisions, or events shall apply;
(2) "or" indicates that the connected items, conditions, provisions, or events shall apply singly or in any combination; and
(3) "either..or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
(j) The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for".
(k) The word "includes" or "including" or the phrase "such as" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like or kind of character.
(l) A "building" or "structure" shall include any part thereof.
(m) The word "person" includes: an individual; a private, public, or quasi-public corporation whether operated for profit or nonprofit; a partnership; an association; a governmental body or agency, or any other similar entity.
(n) The word "state" shall mean the State of West Virginia. The word "county" shall mean the County of Putnam, State of West Virginia.
(o) The word Town shall mean the Town of Winfield, Putnam County, West Virginia.
(p) The word "Planning Commission" shall mean the Planning Commission for the Town of Winfield.
(q) The word "Town Council" shall mean the Town Council of the Town of Winfield, Putnam County, West Virginia.
(r) The terms "Board of Zoning Appeals", "Fire Department" shall mean the respective board and department of the Town of Winfield or their authorized agents.
(s) The term "Code of West Virginia" shall mean the code of the State of West Virginia, 1931, as amended.
(t) The term "Town Plan" shall mean the Town Plan for the Town of Winfield, West Virginia, and as subsequently amended.
(u) The term "Subdivision Regulations" shall mean the Subdivision Regulations of the Town of Winfield, Putnam County, West Virginia, as passed by the Town Council and as subsequently amended.
(v) The phrase "this ordinance" shall mean all portions of this Zoning Ordinance including the Zoning Maps for the Town of Winfield, as passed by the Town Council and as subsequently amended.
(Ord. 2005-06-02. Passed 3-20-06.)
1343.02 DEFINITION OF TERMS.
For the purposes of the Zoning Ordinance, the following words and phrases shall have the meanings respectively described to them by this section. If not defined herein, or within other sections of the Zoning Ordinance, terms used in the Zoning Ordinance shall have the meanings provided in any standard dictionary or American Planning Association publication as determined by the Planning Officer.
(1) Abandonment - The voluntary evacuation of a use for a continuous period of at least 6 months duration, either by completely or partly vacating the zoning lot.
(2) Access - The way or means by which pedestrians or vehicles enter or leave property.
(3) Accessory structure - A subordinate structure located on the same lot with the principal structure, occupied or devoted to an accessory use which is:
A. A use conducted on the same zoning lot as the principal use to which it is related (whether located within the same or an accessory structure, or as an accessory use of land), and
B. A use which is clearly incidental to, and customarily found in connection with, such principal use; and
C. A use subordinate in area, floor area, intensity, extent, and purpose to the principal use; and
D. A use either in the same ownership as such principal use, or operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the principal use. An accessory use shall not be the sole use of a zoning lot, unless the lot is adjacent to the principal lot and owned by the same owner as the principal lot. In addition, if the primary structure is sold or demolished and the accessory structure is located on the adjacent lot, then the accessory structure must be removed as well.
(4) Adult business - Any business, including but not limited to a book store, videotape store, motion picture theater, or entertainment establishment, whose merchandise or activities are primarily limited to adult patrons due to their graphic nature. This shall not include bars or other establishments who are required to limit their patrons to adults due to alcohol being served.
(5) Agriculture - The use of land for a bona fide farming operation. This includes activities such as dairying, horticulture, floriculture, animal and poultry husbandry, and other similar activities. Agricultural activity shall not include commercial slaughtering of livestock, poultry, nor fish and meat processing.
(6) Alteration, incidental - A change or replacement in the parts of a building or other structure, such as:
A. Alteration of interior partitions to improve a nonconforming residential building, provided no additional dwelling units are created thereby;
B. Alteration of interior partitions in all other types of buildings or structures;
C. A minor addition on the exterior of a residential building to provide an uncovered porch or patio;
D. Installing windows or doors in exterior walls;
E. Strengthening the load bearing capacity in not more than ten (10) percent of the total floor area to permit the accommodation of a specialized unit of machinery or equipment; or
F. Replacement of, or minor changes in the capacity of , utility pipes, ducts, or conduits.
(7) Amendment - Any repeal, modification, or addition to a regulation; any new regulation; any change in the numbers, shape, boundary, or area of a district; or any repeal or abolition of any map, part thereof, or addition thereto.
(8) Assembly Hall - A facility or part of a building used for the assembly of people for receptions, weddings, parties and similar uses.
(9) Assisted Living Facility - A residence for the frail elderly that provide rooms, meals, personal care and supervision of self-administered medication. They may provide other services such as recreational services, financial services and transportation.
(10) Bar - Premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food may be available for consumption accessory to the principal use.
(11) Block - An area of land bounded by roads providing access to such area.
(12) Building - A structure with a roof built and maintained for the support, shelter, or enclosure of persons, motor vehicles, animals, or personal or real property.
(13) Building, Height of - The vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the coping of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of gable, hip or gambrel roof.
(14) Building line - A line drawn parallel to a front lot line at a distance there from equal to the depth of a required front setback.
(15) Buffer Strip – Land area used to visually separate one use from another or to shield or block noise, light or other nuisances. A strip may be required to include fencing, berms, shrubs and/or trees.
(16) Child Care Center - A day nursery or other place for the reception, board, or care, with or without compensation, of seven or more children under 16 years of age. This term shall not apply to:
A. A kindergarten, preschool, or school education program which is operated by a public school, or a school which is accredited by the State Department of Education, or any other kindergarten, preschool or school programs which operate with sessions not exceeding four hours per day;
B. A facility operated for nonresidential care of children for brief periods, not more than four hours, while the parent(s) is shopping, engaging in recreational activities, attending religious services, or engaging in other business or personal affairs;
C. Summer recreation camps operated for children attending for periods not exceeding thirty days; or
D. Family and in-home care when fewer than seven children are cared for.
(17) Duplex dwelling (two family) - A building designed or used exclusively for the occupancy of no more than two families living independently of each other and having separate housekeeping facilities for each family.
(18) Dwelling - A building, or portion thereof, occupied, in whole or part, as the home, residence, or sleeping place of one or more families, either permanently or temporarily, but excluding hotels and motels (Single-family dwellings must be a minimum of 20 feet wide and 1,000 square feet).
(19) Dwelling unit - One or more habitable rooms occupied, or intended or designed to be occupied, by one family with facilities for living, sleeping, cooking, and eating.
(20) Easement - A lawfully acquired right or privilege to use a parcel of land or portion thereof for a specified purpose. An easement is retained by a person other than the owner of the land parcel.
(21) Enlargement - An addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use.
(22) Family - Two or more persons related by blood, marriage, or legal adoption, or not more than three unrelated persons, occupying a dwelling unit and maintaining a common household.
(23) Floor area, gross - The sum of the gross horizontal areas of the floors of a building or buildings measured from the exterior walls of the building. This definition shall include attic space providing structural headroom of eight feet or more and basement space, unless such space is used for storage.
(24) Glare - The effect produced by brightness sufficient to cause annoyance, discomfort or lessen visual performance and visibility.
(25) Group housing development - More than one principal residential building per lot of record, with or without accessory uses or structures.
(26) Home occupation - An accessory use which:
A. Is clearly incidental to or secondary to the residential use of a dwelling unit; and
B. Is customarily and traditionally carried on within a dwelling unit by one or more occupants of such dwelling unit; and
C. Is limited to members of the resident family.
A home occupation shall be conducted wholly within the principal or accessory structure. It shall not be permitted to:
A. Sell upon the premises articles produced elsewhere; or
B. Have exterior displays or a display of goods visible from the outside; or
C. Store materials or products outside a principal or accessory structure; or
D. Make external structural alterations which are not customary in residential buildings; or
E. Display signs (except one non-illuminated sign not exceeding a total area of two square feet, affixed to the building, and not projecting more than one foot beyond the building).
F. Generate traffic by such home occupation in greater volume than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
Home occupations include, but not limited to fine art studios, professional offices, teaching of not more than two pupils simultaneously, seamstresses, cabinetmakers, real estate or insurance agents, and door-to-door sales of home or cosmetic products (excluding warehousing activity).
Home occupations shall not include: dance studios, commercial repair or storage of automobiles or watercraft, mortuary establishments, boarding or rooming houses or tourist homes, antique shops, or commercial kennels.
(27) Hotel - A building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, for sleeping purposes by guests. Access to more than 50 percent of the guest units shall be by individual entrances from inside the building.
(28) Kennel - Any lot on which three or more dogs and/or cats, six months old or older, are kept. A kennel may be for either private or commercial use.
(29) Landscaping - Open area devoted primarily to trees, grass, shrubs, or plants. As complementary features, fountains, pools, screens, decorative lighting, sculpture, or outdoor furnishings may be placed within said area.
(30) Lot - An area with fixed boundaries, used or intended to be used by one building and its accessory building(s), and not divided by any road.
(31) Lot coverage - That portion of a lot which, when viewed directly from above, would be covered by a building(s).
(32) Lot line - The property line bounding a lot.
(33) Lot line, front - A lot line separating said lot from the road.
(34) Lot line, rear - The lot line that is most distant from and is, or is most nearly, parallel to the front lot line. If the rear lot line is less than ten feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least ten feet long, lying wholly within the lot, parallel to the front lot line. Where there are two or more front lot lines, only the lot line most distant there from, running nearly parallel to, shall be a rear lot line. Where there is no deepest line, there shall be a choice.
(35) Lot line, side - Any lot line which is not a front lot line or a rear lot line.
(36) Lot of record - A lot which is part of a legal subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded and legally subdivided.
(37) Lot of record, pre-existing nonconforming - A lot consisting entirely of a tract of land that:
A. Has less than the prescribed minimum lot size, width, or depth, or any combination thereof, for single family dwellings; and
B. Is shown by a recorded plat or deed to have been owned separately and individually when creation of a lot of such size, width, or depth, or any combination thereof, at such location would not have been prohibited by any applicable zoning regulations; and
C. Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that creation of such a lot has been prohibited by the applicable zoning regulations.
(38) Lot width - The distance between the side lot lines of a lot at the building line.
(39) Mixed use - Residential and commercial uses on one lot or in one building.
(40) Motel - A building or group of buildings containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by primarily transient guests. Access to at least 50 percent of the guest units shall be by individual entrances from outside the building.
(41) Multi-family dwelling - A building designed or used for occupancy by three or more families, all living independently of each other, and having separate housekeeping facilities for each family.
(42) Nonconforming use - Any legally established or created use which does not conform to the applicable regulations of the district in which it is located, either on the effective date of the Zoning Ordinance or as a result of any subsequent amendment thereto. However, no existing use shall be deemed nonconforming solely because of the existence of nonconforming accessory signs.
(43) Non-transient roomer - A roomer whose minimum stay is three months.
(44) Nursing home - Rest home, convalescent home, or home for the aged devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illness, disease, deformity, or injury not requiring the intensive care that is normally provided by hospitals, but who do require care in excess of room and board and who need medical, nursing, convalescent, or chronic care. Institutions primarily for the treatment and care of mental patients, alcoholics, or drug addicts shall not be considered nursing homes.
(45) Old Town - The area from Bridge Street to Scott Lane and the River to the Courthouse property.
(46) Operational vehicle - A vehicle immediately capable of being driven.
(47) Parking area - An off-street area devoted to vehicular parking containing two or more parking spaces and including on-site roadways, aisles, stalls, islands, features, and maneuvering areas. For the purpose of this definition, the term off-street shall mean off a road right-of-way.
(48) Parking structure or lot, automobile (commercial) - A structure or lot, or portion thereof, used for the parking of motor vehicles for a consideration where service or repair facilities are not permitted. Such structure or lot shall not be used for the storage of non-operational motor vehicles, parts thereof, or junk.
(49) Personal Care Home - An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.
(50) Planning Officer or Staff - The individual(s) designated by the Planning Commission to be responsible for the administration of the terms of the Zoning Ordinance.
(51) Private - A space or facility intended, designed, and available only to one single family dwelling, one duplex, one apartment or condominium development, one mobile home park, or one planned unit development. Examples include a private recreational facility, such as a basketball court or tennis court, or a private swimming pool.
(52) Rooming house or boarding house - A dwelling in which, for compensation, lodging or meals are furnished to three or more, but not exceeding nine guests. A rooming house or boarding house shall not be deemed a home occupation.
(53) Salvage Yard - A parcel of land, or portion thereof, where any waste, discarded, used, salvaged, or secondhand materials are bought, sold, exchanged, stored, processed, or handled as a business. Materials shall include scrap iron and other metals, rubber tires, glass, used lumber or brick, or other similar property. A salvage yard shall also include a lot, or portion thereof, used for collecting, dismantling, storing, salvaging, or sale of parts of machinery or appliances not in running condition, or inoperative motor vehicles as a business. Also, see the salvage yard ordinance for the Town of Winfield.
(54) School - business or secretarial - An institution or place for instruction, specifically in courses of bookkeeping, business administration, operation of business machines, shorthand, typing, and related courses, operated for an intended profit. Business colleges shall be included in this definition.
(55) School - industrial, technical, or trade - An institution or place for instruction, specifically in one or more of the general trades such as welding, carpentry, electronics, automotive repair, or barber or beauty culture.
(56) School - nursery, kindergarten, elementary, middle, or senior high - An institution providing full- time day instruction and a course of study which meets the requirements of the Code of West Virginia, or a nursery school or kindergarten whose annual session does not exceed the school sessions for full-time day schools prescribed in the Code of West Virginia and which is operated by the County Board of Education, an established religious organization, or under a permit issued pursuant to the Code of West Virginia.
(57) Setback - That portion of a lot extending open and unobstructed by a structure from the lowest level to the sky along a lot line, from the lot line for a depth or width set forth in the applicable district regulation.
(58) Setback, front - That area included between any front lot line(s) and a line drawn parallel at all points to said lot line(s), the distance between the lines to be the depth set forth in the applicable district regulations. Said distance shall be measured perpendicularly from all points on the front lot line(s).
(59) Setback, rear - That area extending for the full length of a rear lot line, the depth of which as set forth in the applicable district regulations. The required depth shall be measured perpendicularly from all points on the rear lot line(s).
(60) Setback, side - That area extending along the side lot line(s), measured perpendicularly from all points on the side lot line(s).
FIGURE 2-1, SETBACKS
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F = Front Setback
R = Rear Setback
S = Side Setback
(61) Sign - Any writing (including letter, word, or numeral), pictorial representative (including illustration or decoration), emblem (including device, symbol, or trademark), flag (including banner or pennant), or any other figure of similar character, which is:
A. A structure or any part thereof, or attached to, painted on, or in any other manner represented on a building or other structure; and
B. Used to announce, direct attention to, or advertise; and
C. Visible from outside a building (A sign shall include writing, representation, or other figure of similar character within a building only when illuminated or located in a window); and
D. Accessory to the other uses permitted on the lot.
(62) Sign, back-to-back - Two (2) integrally connected signs facing in opposite directions and separated by not more than five feet.
(63) Sign, changeable - A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable sign for purposes of the Zoning Ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign.
(64) Sign, freestanding - A sign supported by one or more uprights, poles, braces, or other support placed permanently and securely in or upon the ground surface and not attached to any building.
(65) Sign, identification - A sign that identifies a business, owner, resident, or street address and which sets forth no other advertisement.
(66) Sign, illuminated - A sign that provides artificial light, directly or through any transparent or translucent material, from a source of light connected with such a sign, or a sign illuminated by a light so shielded that no direct rays from it are visible from any public right-of-way or from the abutting property.
(67) Sign, off-premise - A sign that contains a message unrelated to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located.
(68) Sign, portable - A free-standing sign not permanently anchored or secured to either a building or the ground, such as a sign that is held down with stakes or "A" frame, "T" shaped, inverted "T" shaped sign structures.
(69) Sign, projecting - A sign which projects 12" or greater from and is supported by the wall of a building.
(70) Sign, roof - A sign erected, constructed, and maintained wholly upon or over the roof of any building with the principal support on the roof structure.
(71) Sign, temporary - A display or informational sign intended for a limited period of display, including decorative displays for holidays or special events.
(72) Sign, wall - A sign which is attached directly to or painted upon a building wall with the exposed face of the sign in a plane parallel to said wall and projects less than 12".
(73) Single family dwelling - A detached building designed or used exclusively for the occupancy of one family and having housekeeping facilities for only one family. A duplex is considered a single-family dwelling unit with each unit designed or used exclusively for the occupancy of one family and having housekeeping facilities for only one family.
(74) Story - That portion of a building above ground level at the building line between floors, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above.
(75) Structure - Anything constructed or erected which has a roof and is located on a lot.
(76) Subdivision - The division of a tract or parcel of land into two or more lots, plots, sites, or other division of land for the purpose, whether immediate or future, of transfer of legal or equitable title, interest, or ownership or of building development, including all changes in roads or lot lines.
(77) Townhouse - One of a series of three or more attached dwelling units separated from one another by continuous vertical party walls without openings from basement floor to roof.
(78) Unified shopping facilities - Any tract of land upon which two (2) or more retail sales establishments are located and developed as a unit with accessory parking facilities. Unified shopping facilities are distinguished from miscellaneous collections of individual stores developed independently and standing on separate parcels along street frontages or clustered in a contiguous area with or without incidental off-street parking.
(79) Use - Any purpose for which a building or other structure of a tract of land may be maintained or occupied, or any activity, occupation, business, or operation carried on in a building or other structure or on a tract of land.
(80) Variance - A modification of the terms of the Zoning Ordinance.
(81) Warehousing - A building used primarily for the storage of goods and materials.
(Ord. 2005-06-02. Passed 3-20-06.)
1345.01 ESTABLISHMENT OF ZONING DISTRICTS.
The area illustrated in the "Zoning Maps for the Town of Winfield" (see Appendix A), is hereby divided into the following zoning districts:
(a) Residential District:
R-1 Single Family Residential
R-2 Mixed Residential
M-1 Manufactured Housing
(b) Commercial District:
C-1 Suburban Commercial District
C-2 High Density Commercial District
(Ord. 2005-06-02. Passed 3-20-06.)
1345.02 ZONING MAPS.
(a) The boundaries for each zoning district established by this ordinance are the boundaries indicated on the maps entitled "Zoning Maps for the Town of Winfield".
(b) The boundary lines of the districts shall follow lot lines, centerline of roads, corporate limit lines, utility rights-of-way, centerline of waterways, or described measured lines.
(Ord. 2005-06-02. Passed 3-20-06.)
1345.03 DIVISION OF ZONING MAPS.
These zoning maps may be for convenience of use, accuracy, or readily identifying locations, subdivided into units. Such units or parts may be separately employed for identification purposes when amending the zoning maps or for any official reference to the zoning maps.
(Ord. 2005-06-02. Passed 3-20-06.)
1345.04 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.
Wherever any uncertainty exists as to the boundary of a district as delineated on the zoning maps, the following rules shall govern:
(a) Where a zoning district boundary line is shown as following a road, alley, utility right-of- way, or watercourse, it shall be construed as following the centerline of the right-of-way or watercourse.
(b) Where a zoning district boundary line appears to follow or approximately coincide with a lot or property ownership line, it shall be construed as following such line.
(c) Where a zoning district boundary line is not shown as following or approximately coinciding with a road, alley, utility right-of-way, watercourse, lot line or property ownership line, the zoning district boundary line shall be determined by reference to the largest scale zoning map in which the boundary appears.
(d) Where a public street or alley is officially vacated, the zoning designation applicable to abutting property on each side of the centerline shall apply up to the centerline of such street or alley.
(e) All property lines and dimensions shown on the official zoning maps shall be construed to be those property lines and dimensions described in the proper deeds of record for the subject property or specifically described by measurements on map.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1345.05 CHANGES IN ZONING DISTRICT BOUNDARIES.
Changes in boundaries of zoning districts shall be made by ordinance amending the zoning maps or part thereof. When adopted, it shall become a part of the Zoning Ordinance.
(Ord. 2005-06-02. Passed 3-20-06.)
1345.06 ANNEXATION.
All properties annexed into the City of Winfield shall be assigned to the appropriate zoning district based upon existing residential or commercial uses on the property or those proposed to be developed in the future. However, in the event that maintaining the designation of the zoning district would constitute spot zoning as defined by the West Virginia law then the property to be annexed will be assigned the least restrictive zoning district/category that would be allowable without creating spot zoning.
(Ord. 2023-2024-4. Passed 1-9-24.)
1347.01 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of the R-1 Single Family Residential District to establish residential density areas consisting of single family dwelling and compatible uses. This district shall provide for the requirements consistent with community values and needs. Standards consistent with those values and needs and appropriate for this district shall stabilize and protect the district's residential character while promoting a suitable environment for family life.
(Ord. 2005-06-02. Passed 3-20-06.)
1347.02 PERMITTED PRINCIPAL USES.
(a) Principal uses shall be limited to the following:
(1) Single family dwelling
(2) Historic or monument site
(3) Public and private parks, but not including commercial activities, except that not-for-profit organizations may conduct temporary commercial activities. (Ord. 2005-06-02. Passed 3-20-06.)
(4) Tiny House - a single family dwelling: 750 square feet per floor minimum, if it is two story and minimum of 1100 sq ft in size for single story, placed on a permanent foundation with a minimum width of sixteen (16) feet.
(Ord. 2020-2021-8. Passed 4-20-21.)
(b) Only one principal residential structure shall be permitted per lot of record.
(Ord. 2005-06-02. Passed 3-20-06.)
1347.03 PERMITTED ACCESSORY USES.
(a) Permitted accessory uses, including but not limited to home occupations and babysitting of not more than five (5) children, shall be those normally and customarily found in residential neighborhoods, and they shall not be create a traffic or parking nuisance.
(b) Fences enclosing a side and rear yard are not to exceed six (6) feet in height. Fences enclosing a front yard or front setback area are not to exceed three (3) feet in height. Fences may not be erected with barbed wire, chicken wire, or any material that the Planning staff may determine to be unsafe.
(c) In addition, the Vision Field shall apply. A Vision field shall be provided at every street intersection. A vision field shall be a triangular area at the street intersection of a corner lot, the space being defined by a line across the corner of the lot, the ends of which are on the street lines twenty (20) feet from the corner containing no plantings, walls, structures, landfills, or temporary or permanent vision obstruction from two and one-half feet (2-1/2) in height above the street level, except retaining walls or chain link fences with no additional sight obstruction, such as slats or vines attached thereto. Tree trunks or posts may penetrate the vision field (Section 1371.04 Vision Field).
(Ord. 2009-2010-03. Passed 12-8-09.)
1347.04 CONDITIONAL PERMIT USES.
The following uses shall be permitted as regulated by Article 1359 - Conditional Permit Uses:
(a) Church, temple, or synagogue
(b) Communication or broadcasting tower and related equipment having a height of more than 60 feet measured from ground level
(c) Group housing development (Limited to single-family dwellings)
(d) School - nursery, kindergarten, elementary, middle, or senior high.
(e) Government Buildings.
(Ord. 2005-06-02. Passed 3-20-06.)
1347.05 INTENSITY OF USE.
The following minimum lots areas shall be required:
(a) Single-family dwelling 6,000 square feet
(See also Article 1373 Nonconforming Uses)
(b) The lot shall have a minimum 60-foot frontage.
(Ord. 2005-06-02. Passed 3-20-06.)
1347.06 HEIGHT.
The maximum height of structures shall be thirty-five (35) feet above grade at the front building line, except for chimneys, church spires, or elevated structures for flood protection purposes. See also Section 1371.05 Exceptions to Height Limitations.
(Ord. 2005-06-02. Passed 3-20-06.)
1347.07 SETBACKS.
(a) The following minimum setbacks shall be required for structures, excluding bay windows, roof overhangs, and uncovered porches or patios:
(1) Front setback 20 feet (See also Sec. 1371.02 Alignment Provisions)
(2) Rear setback 25 feet
(3) Side setback 6 feet each side
(4) Accessory structure (in rear) 3 feet from all lot lines
(5) Vision field (See Sec. 1371.04 Vision Field)
(b) In the original Town of Winfield incorporated area (Old Town area), the existing setbacks are typically less than the Zoning Ordinance requirements. To prevent setback requirements from not allowing development, front and rear minimum setbacks shall be determined by aligning a proposed new structure with the adjacent structures. If structures are located on both sides of the proposed structure and have different setbacks, the minimum setback shall be the midpoint of the adjacent setbacks.
(Ord. 2005-06-02. Passed 3-20-06.)
1349.01 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of the R-2 Mixed Residential District to establish a variety of residential density consisting of single family dwelling, multi-family, and compatible uses. This district shall provide for the requirements consistent with community values and needs. Standards consistent with those values and needs and appropriate for mixed and multi-family residential district shall stabilize and protect the district's residential character while promoting a suitable environment for family life, provide for the access of light and air to windows while providing privacy by controlling the spacing and height of structures, and require the provision of off-street parking to promote a safe and effective traffic circulation system.
(Ord. 2005-06-02. Passed 3-20-06.)
1349.02 PERMITTED PRINCIPAL USES.
(a) Principal uses shall be limited to the following:
(1) Single family dwelling
(2) Duplex dwelling
(3) Multi-family dwelling
(4) Group residential facility, as defined by State and Federal law
(5) Government Buildings
(6) Public and private parks, but not including commercial activities, except that not-for-profit organizations may conduct temporary commercial activities.
(b) Note: Only one residential use shall be permitted per lot of record, unless approved as a group housing development.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
(c) No development, other than that of a single family residence shall be permitted without site plan approval.
(Ord. 2010-2011-04. Passed 12-14-10.)
1349.03 PERMITTED ACCESSORY USES.
(a) Permitted accessory uses, including but not limited to home occupations and babysitting of not more than five (5) children, shall be those normally and customarily found in residential neighborhoods, and they shall not be create a traffic or parking nuisance.
(b) Fences enclosing a side and rear yard are not to exceed six (6) feet in height. Fences enclosing a front yard or front setback area are not to exceed three (3) feet in height. Fences may not be erected with barbed wire, chicken wire, or any material that the Planning staff may determine to be unsafe.
(c) In addition, the Vision Field shall apply. A Vision field shall be provided at every street intersection. A vision field shall be a triangular area at the street intersection of a corner lot, the space being defined by a line across the corner of the lot, the ends of which are on the street lines twenty (20) feet from the corner containing no plantings, walls, structures, landfills, or temporary or permanent vision obstruction from two and one-half feet (2-1/2) in height above the street level, except retaining walls or chain link fences with no additional sight obstruction, such as slats or vines attached thereto. Tree trunks or posts may penetrate the vision field (Section 1371.04 Vision Field).
(Ord. 2009-2010-03. Passed 12-8-09.)
1349.04 CONDITIONAL PERMIT USES.
The following uses shall be permitted as regulated by Article 1359 - Conditional Permit Uses:
(a) Child care center
(b) Church, temple, or synagogue
(c) Communication or broadcasting tower and related equipment having a height of more than 60 feet measured from ground level
(d) Golf course (may include an on-premise club house, pro shop, restaurant, and/or bar)
(e) Group housing development.
(Ord. 2005-06-02. Passed 3-20-06.)
1349.05 INTENSITY OF USE.
(a) The following minimum lot areas shall be required:
(1) Nonresidential uses 5,000 square feet (2) Single family dwelling 5,000 square feet (3) Duplex dwelling 6,000 square feet (4) Triplex (3 unit) dwelling 9,000 square feet (5) Each additional unit over 3 1,200 square feet |
Note: Only one residential use per lot of record, unless approved as a group housing development.
(b) The lot shall have a sixty foot (60') frontage.
(Ord. 2005-06-02. Passed 3-20-06.)
1349.06 HEIGHT.
The maximum height of structures shall be fifty (50) feet above grade at the front building line, except for chimneys, church spites, or elevated structures for flood protection purposes. See also Section 1371.05 Exceptions to Height Limitations.
(Ord. 2005-06-02. Passed 3-20-06.)
1349.07 SETBACKS.
(a) The following minimum setbacks shall be required, excluding bay windows, roof overhangs and uncovered porches and patios:
(1) Front setback 20 feet (See also Sec. 1371.02 Alignment Provision) (2) Rear setback 25 feet (3) Side setback 5 feet each side (4) Accessory structure (in rear) 3 feet from all property lines (5) Vision field (See Section 1371.04 Vision Field) (Ord. 2005-06-02. Passed 3-20-06.) |
1350.01 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of this article to provide protection for those Manufactured Housing Districts appearing on the zoning maps at the time of adoption of the Zoning Ordinance. However, future multiple manufactured houses shall be regulated by the Group Housing Development provisions in Section 1359.04(c). The manufactured housing districts shall remain on the zoning maps and legal until they are rezoned.
(Ord. 2005-06-02. Passed 3-20-06.)
1351.01 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of the C-1 Suburban Commercial District to provide for retail businesses and services that serve primarily the residents of the surrounding area. This district shall allow convenience and personal service establishments generally compatible, through proper site planning, with residential uses. By limiting the number of uses and intensity of development, the surrounding residential and commercial property values shall be enhanced by protecting them from excessive levels of noise, lighting or other nuisances.
(Ord. 2005-06-02. Passed 3-20-06.)
1351.02 PERMITTED PRINCIPAL USES.
Principal uses shall be limited to the following:
(a) Cultural, Entertainment, Assembly, Recreational.
(1) Art gallery
(2) Assembly hall
(3) Church, temple, or synagogue, may include a columbarium
(4) Historic or monument site
(5) Library
(6) Movie theater, walk-in only (excluding adult business)
(7) Park or playground
(8) Museum
(9) Pool room
(b) Residential.
(1) Single family dwelling
(2) Bed & Breakfast
(3) Duplex dwelling
(4) Group residential facility, as defined by State and Federal law
(5) Multi-family dwelling
(6) Rooming house
Note: Only one residential use shall be permitted per lot of record, unless approved as a group housing development.
(c) Retail Trade.
(1) Antiques
(2) Apparel
(3) Artist or craft materials, supplies, or finished products (excluding on-site welding)
(4) Bakery products - manufacturing of bakery goods permitted
(5) Books or stationery, excluding adult book store
(6) Building supplies
(7) Christmas trees (open storage permitted)
(8) Drug store
(9) Fabrics or dry goods
(10) Family Restaurant
(11) Florist
(12) Furniture, appliances, and fixtures
(13) Garden and lawn supplies (open storage permitted)
(14) Gifts, novelties, or souvenirs
(15) Greenhouse (commercial)
(16) Grocery store (sale of packaged alcohol prohibited)
(17) Hardware and lumber supplies (open storage permitted)
(18) Hobby supplies
(19) Ice cream store
(20) Mattresses and bedding
(21) Newsstand
(22) Paint or wallpaper
(23) Sporting goods
(24) Tobacco products
(25) Toys
(26) Unified shopping facilities
(d) Services.
(1) Apparel repair or alteration
(2) Arts or crafts - instruction or studio; excluding on-site welding
(3) Assisted Living Facility
(4) Barber or beauty shop
(5) Clinic, medical or dental (may include incidental retail sale of related goods)
(6) Clinic, animal (limited and unlimited)
(7) Instruction studio
(8) Dry cleaning (collection and distribution station only)
(9) Financial institution
(10) Funeral home
(11) Group home, as defined by State and Federal law
(12) Hospital, animal (limited and unlimited)
(13) Laundry (self-service) - collection and distribution station
(14) Nursing home
(15) Office - business or professional
(16) Personal Care Home
(17) Photo finishing, excluding on-premise processing (collection and distribution station only, may include incidental retail sale of photographic supplies)
(18) TV and radio repair
Note: Uses similar to those listed in subsections (a) through (d) above shall be permitted when the planning staff determines that such use is of the same general character as at least one of those listed.
(Ord. 2005-06-02. Passed 3-20-06.)
(e) No development, other than that of a single family residence shall be permitted without site plan approval.
(Ord. 2010-2011-05. Passed 12-14-10.)
(Ord. 2010-2011-05. Passed 12-14-10.)
1351.03 PERMITTED ACCESSORY USES.
(a) Permitted accessory uses shall be those normally and customarily found in a "light" commercial district, and they shall be subject to the normal district requirements the same way the permitted principal uses are.
(b) Fences enclosing a side and rear yard not to exceed six (6) feet in height. Fences enclosing a front yard or front setback area not to exceed three (3) feet in height. Fences may not be erected with barbed wire, chicken wire, or any material that the planning staff may determine to be unsafe.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1351.04 CONDITIONAL PERMIT USES.
The following uses shall be permitted as regulated by Article 1359 Conditional Permit Uses:
(a) Automobile service station (with or without a convenience store or repair services, but excluding body and paint work)
(b) Commercial Recreation Park - A facility that offers commercial, outside recreational activities.
(c) Communication or broadcasting tower and related equipment having a height of more than 60 feet measured from ground level.
(d) Helipad or heliport for governmental, emergency, or business purposes.
(e) Oil and gas operation, exploration and production
(f) Warehousing - (Including wholesale sales, but excluding storage in hazardous or inflammable materials or chemicals).
(Ord. 2005-06-02. Passed 3-20-06.)
1351.05 INTENSITY OF USE.
The following minimum lot sizes shall be required:
(a) Non-residential uses No minimum (b) Single-family dwelling 5,000 square feet (c) Duplex dwelling 6,000 square feet (d) Triplex (3 unit) dwelling 9,000 square feet (e) Each additional unit over 3 1,200 square feet (f) Bed & Breakfast 6,000 square feet (g) Rooming house 6,000 square feet |
Note: Only one residential use per lot of record, unless approved as a group housing development. (Ord. 2005-06-02. Passed 3-20-06.)
1351.06 SITE COVERAGE.
Maximum lot coverage, by all buildings, shall be 60 percent.
(Ord. 2005-06-02. Passed 3-20-06.)
1351.07 HEIGHT.
Permitted uses shall have a maximum height of forty-five (45) feet above grade at the front building line, except as set forth in Section 1371.05 Exceptions to Height Limitations.
(Ord. 2005-06-02. Passed 3-20-06.)
1351.08 SETBACKS.
(a) The following minimum setbacks shall be required, except as provided in Section 1371.03:
(1) Front setback 20 feet
(2) Rear setback 20 feet
(3) Side setback 5 feet
The following minimum rear and side setbacks, noted in subsections (a) and (b) below, shall apply; however, if there is no access to the rear of the property by a public right-of-way, at least one side setback shall be a minimum of 10 feet and be made available for emergency access.
A. Commercial use abutting a commercial use 10 feet.
B. Commercial use abutting a residential use:
1. 1 story: Side 5 feet
Rear 20 feet
2. 2 or more stories: 5 feet additional for each story on both side and rear
3. A 5-foot buffer strip must be included along all sides that abut a residential use. The buffer strip can be placed within the setbacks. The buffer strip will shield the adjacent structures from view of the commercial site, including, but not limited to, structures, parking areas, lighting, or other nuisances.
(b) Accessory structure located in the rear:
5 feet from the rear and side property lines except commercial when abutting residential; however, the restriction related to emergency access noted under subsection (a)(3) above shall be met.
(c) In addition, the Vision Field shall apply (See Section 1371.04 Vision Field).
(Ord. 2005-06-02. Passed 3-20-06.)
1353.01 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of the C-2 High Density Commercial District to provide for a wide range of commercial uses, whose nature of business requires convenient automobile and truck access. Such uses must be accessible to the Town, as well as the entire region. They must be planned in a way to promote and protect commercial and working areas.
(Ord. 2005-06-02. Passed 3-20-06.)
1353.02 PERMITTED PRINCIPAL USES.
Principal uses shall be limited to the following:
(a) Greenhouse (commercial).
(b) Cultural, Entertainment, Assembly, Recreational.
(1) Art gallery
(2) Assembly hall
(3) Auction facility
(4) Bowling
(5) Church, temple, or synagogue
(6) Church revival facility
(7) Gymnasium or athletic club
(8) Historic or monument site
(9) Library
(10) Miniature golf
(11) Movie theater (walk-in), excluding adult movie theater
(12) Museum
(13) Park
(14) Penny arcade
(15) Play lot, playground, or athletic field
(16) Pool hall
(17) Skating rink
(18) Swimming pool
(19) Tennis court
(20) Theatrical facility
(c) Manufacturing.
(1) Arts or crafts
(2) Bakery products
(3) Instruments - professional, scientific, or controlling (assembly only)
(4) Printing or publishing
(5) Sign fabricating or painting
(d) Residential.
(1) Group residential facility, as defined by State and Federal law
(2) Multi-family dwelling
(3) Rooming house
(e) Retail Trade.
(1) Antiques
(2) Apparel
(3) Appliances
(4) Artist or craft materials, supplies, or finished products
(5) Audiovisual equipment or supplies (excluding adult videotape store)
(6) Automobile parts, supplies, or accessories, including tires and batteries
(7) Awnings or canopies (may include assembly)
(8) Bakery products
(9) Books, stationery, (excluding adult book store)
(10) Building materials
(11) China, glassware, or metalware
(12) Christmas trees (open storage permitted)
(13) Cosmetics or perfume
(14) Department store
(15) Draperies, curtains, or upholstery
(16) Drug store
(17) Electrical supplies
(18) Fabric or dry goods
(19) Farm supplies
(20) Firearms
(21) Floor coverings
(22) Florist
(23) Furniture or fixtures, including fabrication
(24) Garden or lawn supplies (open storage permitted)
(25) Gifts, novelties, or souvenirs
(26) Glass
(27) Grocery store (not selling packaged alcohol, other than beer and wine)
(28) Hardware and lumber supplies (open storage permitted)
(29) Hearing aids
(30) Heating, cooling, ventilating, or plumbing equipment
(31) Hobby supplies
(32) Ice
(33) Instruments - professional, scientific, or controlling
(34) Jewelry, watches, or clocks
(35) Luggage
(36) Machinery (no open storage permitted)
(37) Mail order house
(38) Monuments
(39) Musical instruments or supplies
(40) Newsstand
(41) Office supplies
(42) Optical goods
(43) Paint or wallpaper
(44) Pawn shop
(45) Pet shop
(46) Photographic equipment or supplies
(47) Prefabricated, pre-cut, or modular buildings (no open storage permitted)
(48) Records, phonograph
(49) Restaurant (may serve beer and wine)
(50) Second-hand merchandise
(51) Service station, automobile
(52) Sporting goods
(53) Stereophonic or high fidelity equipment
(54) Tailoring, custom
(55) Television or radios
(56) Tobacco products
(57) Toys
(58) Unified shopping facility
(59) Variety store
(60) Vending machines
(f) Services.
(1) Animal grooming
(2) Animal hospital or clinic
(3) Apparel or costume rental
(4) Apparel repair or alteration
(5) Appliance repair
(6) Arts or crafts - instruction or studio
(7) Assisted Living Facility
(8) Association or organization, including welfare or charitable agencies, labor unions, or professional, civic, social, or fraternal organization (may include incidental sleeping accommodations)
(9) Automobile service station
(10) Automobile washing or polishing (also see "Motor vehicle")
(11) Barber or beauty shop
(12) Carpet or rug cleaning or repairing
(13) Catering
(14) Child care center
(15) Clinic - medical, dental, or optical (no limitation on related retail sales)
(16) Contractor's establishment - electrical, glazing, heating, painting, paper hanging, plumbing, roofing, or ventilation
(17) Credit agency
(18) Dancing instruction or studio
(19) Diesel service station
(20) Driving instruction
(21) Dry cleaning
(22) Duplicating or mailing
(23) Employment agency
(24) Exterminating or fumigating company
(25) Financial institution
(26) Funeral home
(27) Furniture - upholstering, repairing, or refinishing
(28) Glass - cutting, coating, or tinting
(29) Government Building
(30) Health spa
(31) Hotel
(32) Janitorial services
(33) Jewelry, watch, or clock repairing
(34) (Reserved)
(35) Laboratory - medical or dental
(36) Laundry
(37) Locksmith
(38) Machine repair - small business or office, or lawn or garden.
(39) Motel
(40) Motor vehicle
A. Glass or muffler installation
B. Motor rebuilding
C. Repairing or general service
D. Tire recapping
E. Upholstering (including vinyl or fabric tops)
(41) Musical instruction or studio
(42) Nursing Home
(43) Office - business or professional
(44) Personal Care Home
(45) Photo finishing (developing or processing)
(46) Photography studio - commercial or portrait
(47) Picture framing
(48) Rentals, excluding heavy equipment or machinery
(49) School - business, secretarial, industrial, technical, or trade
(50) Instruction studio
(51) Stenographic service
(52) Stereophonic or high fidelity equipment repair
(53) Taxidermy
(54) Television or radio repair
(55) Trading stamp redemption center
(56) Travel agency or bureau
(57) Warehousing (but not including junkyard)
(g) Transportation, Communication, Utilities.
(1) Broadcasting station
(2) Bus garage or terminal
(3) Communication or broadcasting tower and related equipment having a height of 60 feet or less measured from ground level
(4) Crating or packing
(5) Limousine service
(6) Parking structure or lot, automobile (commercial)
(7) Public utility
(8) Rail terminal
(9) Taxi service
(10) Television or radio studio
(11) Truck terminal
(h) Wholesale trade.
(1) Apparel
(2) Drugs
(3) Electrical supplies
(4) Fabric or dry goods
(5) Floor coverings
(6) Food or related products
(7) Furniture or fixtures
(8) Glass, bulk
(9) Machinery or equipment (limited to lawn and garden, small electric, or business)
(10) Motor vehicle parts
(i) Similar Uses. Uses similar to those listed in subsections (a) through (h) above shall be permitted when the Planning Officer determines that such use is of the same general character as at least one of those listed.
(Ord. 2005-06-02. Passed 3-20-06.)
(j) No development, other than that of a single family residence shall be permitted without site plan approval.
(Ord. 2010-2011-06. Passed 12-14-10.)
(Ord. 2010-2011-06. Passed 12-14-10.)
1353.03 PERMITTED ACCESSORY USES.
Accessory uses shall be limited to the following:
(a) Cultural, Entertainment, Assembly, Recreational.
(1) Columbarium when located on the same lot as, or within a church, temple, or synagogue
(2) Private recreational facility, such as a basketball court or tennis court. These uses must locate in the rear yard of primary use.
(b) Residential.
(1) Detached garage, carport, storage building, condenser unit, or fallout shelter. These uses must locate in side or rear yard of primary use.
(2) Keeping of not more than one non-transient roomer or boarder by the resident family
(3) Private recreational facility, such as a basketball court or tennis court. This use must locate in the rear yard of primary use.
(4) Private swimming pool, provided the pool area is enclosed by a fence or wall with entrances and exits, which complies with the Town of Winfield Building Codes. This use must locate in the rear yard of primary use.
(5) Raising of garden crops, vineyard crops, fruits and plants incidental to the residential use of the land
(6) Fences enclosing a side and rear yard not to exceed six (6) feet in height. Fences enclosing a front yard or front setback area not to exceed three (3) feet in height. Fences may not be erected with barbed wire, chicken wire, or any material that the planning staff may determine to be unsafe.
(c) Services.
(1) Motor vehicles
A. Body repairing or painting
B. Towing or wrecking service
(d) Transportation, Communication, Utilities.
(1) Satellite dish antenna located on the ground (also permitted on the roof of a building of five stories or more or on a roof of a commercial or industrial building), except that 24" or smaller dish can be located anywhere except the front yard.
(2) Citizen band or amateur radio antennae or supporting structure having a height of 60 feet or less measured from ground level.
(Ord. 2005-06-02. Passed 3-20-06.)
1353.04 CONDITIONAL PERMIT USES.
The following uses shall be permitted as regulated by Article 1359 - Conditional Permit Uses:
(a) Agriculture.
(1) Oil and gas operation, exploration and production
(2) Quarry
(b) Cultural, Entertainment, Assembly, Recreational.
(1) Amphitheater
(2) Amusement park
(3) Fairground
(4) Go-cart track
(5) Golf driving range
(6) Group recreational and sports facilities
(7) Movie theater (drive-in), but not including adult motion picture theater
(8) Rifle, pistol, or archery range
(9) Travel trailer park
(10) Zoo
(c) Residential. (Reserved)
(d) Retail Trade.
(1) Aircraft
(2) Bar or nightclub
(3) Grocery/convenient store that sells packaged alcoholic beverages
(4) Liquor store
(5) Restaurant that serves alcoholic beverages
(6) Unified shopping facilities
(e) Services.
(1) Crematory
(2) Funeral establishment with crematorium
(3) Hospital or sanitarium
(4) Laboratory - research, experimental, or testing
(f) Transportation, Communication, Utilities.
(1) Communication or broadcasting tower and related equipment having a height of more than 60 feet measured from ground level
(2) Helipad or heliport for governmental, emergency, or business purposes
(3) Restricted accessory parking area
(Ord. 2005-06-02. Passed 3-20-06.)
1353.05 INTENSITY OF USE.
The following minimum lots sizes shall be required:
(a) Nonresidential uses No minimum
(b) Multi-family dwellings 3,000 square feet each up to 3 units, and 1,200 each unit over 3
(c) For calculating the intensity of use for offices, each 300 square feet of office shall be equivalent to one dwelling unit.
(d) For calculating the intensity of use for an assisted living facility, hospital, nursing home, or rooming house, each three beds shall be equivalent to one dwelling unit.
(Ord. 2005-06-02. Passed 3-20-06.)
1353.06 SITE COVERAGE.
(Reserved). (Ord. 2005-06-02. Passed 3-20-06.)
1353.07 HEIGHT.
Permitted uses shall have a height not to exceed three (3) stories, or 45 feet, except as provided in Section 1371.05 Exceptions to Height Limitations.
(Ord. 2005-06-02. Passed 3-20-06.)
1353.08 SETBACKS.
(a) The following minimum setbacks shall be required, except as provided in Section 1371.03 Projections Into Setbacks:
(1) Front setback 20 feet (2) Rear setback: A. Abutting residential district or use 20 feet B. Abutting commercial district 5 feet |
(b) In the original Town of Winfield incorporated area (Old Town area), the existing setbacks are typically less than the Zoning Ordinance requirements. To prevent setback requirements from not allowing development, front and rear minimum setbacks shall be determined by aligning a proposed new structure with the adjacent structures. If structures are located on both sides of the proposed structure and have different setbacks, the minimum setback shall be the midpoint of the adjacent setbacks.
(1) Side setback: The following minimum side setbacks, noted in subsections (a) through (b) below, shall apply; however, if there is no access to the rear of the property by a public right-of-way, at least one side setback shall be a minimum of 10 feet for emergency access.
A. Abutting a residential district or use: 1 story 5 feet Each additional story over one story, add 5 feet B. Abutting a commercial district 5 feet |
(c) Accessory structure located in the rear:
5 feet from rear and side property lines; however, the restriction related to emergency access noted under subsection (b)(1) above shall be met.
(d) In addition, the Vision Field shall apply (See Section 1371.04 Vision Field).
(Ord. 2005-06-02. Passed 3-20-06.)
1359.01 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of Conditional Permit Uses to provide for certain uses, which shall be permitted only if adequate conditions exist or can be, imposed that will make such uses compatible with the purposes of the Zoning Ordinance and the Town of Winfield Town Plan. The conditional permit procedure shall provide for some measure of individualized judgment and the imposing of conditions on certain uses, in order to make them compatible with uses in the surrounding area. It is further intended that the conditional permit, through a Site Plan Review process, shall provide a method whereby it can be determined whether or not a use would cause any damage, hazard, nuisance, or other detriment to persons or property in the vicinity.
(Ord. 2005-06-02. Passed 3-20-06.)
1359.02 APPLICATION.
(a) Accompanying the three (3) copies of the completed application form, three (3) copies of the Site Plan drawn to a reasonable scale, the following must be filed:
(1) Date of preparation, north point, and scale
(2) Legal description and tax parcel
(3) Applicant/owner name and address
(4) Existing and proposed zoning
(5) Existing and proposed contours, at an interval appropriate for proper review (If the contours are to be altered)
(6) Certification by a land surveyor or engineer that the dimensions and bearings are accurately delineated and location of all easements and right-of-ways
(7) Total number and type of building/units proposed, gross floor area of each building, bedrooms per dwelling unit (for residential developments), estimated number of employees (where applicable), and other information necessary to determine off-street parking and loading space requirements
(8) Location, shape, exterior dimensions, and number of stories of each building on the site
(9) Standard yard setbacks required in the zoning district
(10) Location, grade, and dimensions of paved surfaces, and of all abutting streets
(11) Complete traffic circulation and parking plan showing dimensions, entrance/exit drives, planters, and similar improvements
(12) Location of landscaped areas (to be detailed on landscape plan), fences, walls, and other screening required
(13) Soils test and similar information if deemed necessary by the planning staff to determine the feasibility of the proposed development
(14) State of West Virginia Sediment and Erosion Control Plan or State of West Virginia NPDES.
(Ord. 2005-06-02. Passed 3-20-06.)
1359.03 REVIEW PROCESS.
(a) Upon receipt of a completed application form for a conditional permit, a conceptual plan, and the pre-application filing fee, the planning staff shall schedule a Commission public hearing on the application and publish a legal advertisement at least (15) days prior to such hearing giving its date, place, and hour.
(b) The Commission after a public hearing, may authorize any of the uses, which are permitted by conditional permit in the Zoning Ordinance. Such uses shall be subject to the applicable district regulations for setbacks, landscaping and screening, parking and loading, height, signs, and the intensity of use. Furthermore, in order to protect the public health, safety, and welfare, some conditional permit uses shall be subject to certain additional regulations that pertain to the development. In addition, the Commission may attach reasonable restrictions to any conditional permit use as it deems necessary to comply with the purposes of this ordinance and the Town Plan. Existing conditional permit uses shall not be enlarged, extended or relocated without first receiving approval of a new conditional permit.
(c) Before the issuance of a special permit, the Commission shall make a decision regarding the effects of such proposed use upon the character of the neighborhood, public utilities, traffic conditions, fire protection, and other matters pertaining to the public health, safety, and general welfare. The action on such applications may include restrictions or conditions deemed necessary to safeguard the public health, safety, or general welfare.
(d) If the conceptual plan is approved, the owner/developer will submit a final plan and the appropriate filing fee in accordance with the applicable town regulations.
(e) Upon receipt of the final plan, the planning staff shall refer a copy to the town engineer for his review and report.
(f) An approved conditional permit and its site plan shall remain valid for a period of one year after the date of approval and shall become null and void if development has not been completed. Preparation of plans, financial arrangements, permits, contracts, grading the site or stockpiling materials shall not constitute actual construction.
(g) An approved site plan may be amended in accordance with standards and procedures herein, including payment of fees. However, the planning staff may waive such procedures and fees for minor changes such as:
(1) Relocation of building exits/entrances
(2) Minor movement of building walls, but maintaining required yard setbacks.
(3) Changing to a more restrictive use, provided there is no increase in parking demand
(4) Changing the angle of parking or aisle width, provided that the overall parking requirement is met
(5) Moving ingress/egress points if required by a public regulatory agency
(6) Substitute landscape plant species that will provide screening effects equivalent to the approved variety
(7) Change in the type and design of lighting fixtures, which will provide lighting effects equivalent to the approved lighting arrangement
(8) Increase in peripheral yards
(h) If at any time during the application process, the applicant delays more than six (6) months responding to any request, comment, or required step the application and its process will be terminated. If the applicant wishes to proceed with seeking approval for the application, they will be required to start from the beginning.
(Ord. 2005-06-02. Passed 3-20-06.)
1359.04 REVIEW CRITERIA.
When a conditional permit is required, the following uses shall be subject to the restrictions, conditions and criteria under their respective titles below, in addition to compliance with applicable district regulations:
(a) Child care center:
(1) The County Health Department shall approve the proposed plans;
(2) The County Emergency Services shall approve the proposed plans; and
(3) The use shall not constitute a nuisance because of traffic, the number of children cared for, noise, or types of physical activity.
(b) Communication or Broadcasting Tower and Related Equipment:
(1) The lot on which a tower, antenna, or station is to be located shall be of such dimensions that an imaginary line drawn from the top of the tower (whether guy wires are used or not) shall not exceed a 60 degree angle to the horizontal, relating to the base of the tower;
(2) All guy wires (if used) shall be attached to the ground on the same property as that where the tower is situated;
(3) Equipment buildings or "stations" shall be comparable to existing structures in the immediate area; and
(4) All radio antennae, towers, or supporting structures shall comply with Federal and State laws or regulations, and proof of such compliance must be filed with the Building Inspector prior to issuance of a building permit to erect such.
(c) Group Housing Development: Where there is no intent to subdivide a tract of land and "cluster" development is made more desirable due to its topographic features it may be developed as a group housing development. This concept allows more than one principal residential structure per lot of record as a "planned community". The district in which these developments are located dictate the maximum number of units in each of the residential structures. The minimum lot area is determined by the total number dwelling types and number of units multiplied by the intensity of use requirements. The following shall be filed:
(1) A detailed, scaled site plan showing:
A. All existing and proposed structures and the number of dwelling units in each;
B. Proposed internal street and parking layout and access/connection to public streets (Note: Unless noted on the plans and designed to meet Subdivision Regulations' standards and the intent to dedicate them, internal streets shall be considered "private driveways", and therefore, not eligible for the Town's snow removal or repair);
C. Existing and proposed contours, and a grading plan designed and certified by a soil engineer shall accompany the application and site plan in the event there is earthwork to be done (except when determined by the staff or Building Inspector that the proposed earthwork constitutes minor landscaping);
D. Drainage plan designed and certified by a registered engineer and designed for at least a 25 year storm frequency showing the sizes of all pipes and ditches, and where the drainage is to leave the site; and
E. A vicinity sketch map showing the proximity of the subject site in the community.
(d) Helipad or Heliport:
(1) A helipad or heliport shall not create a nuisance due to traffic, noise, or proximity to a residential zoning district;
(2) A report must be received stating that the proposals has been approved by the Federal Aviation Administration prior to final action on the request by the Commission; and
(3) Such uses shall be located and have flight paths so as to minimize the potential risk to the public.
(e) Kennel: The County Animal Relief Center shall approve the plans and location prior to final action.
(f) Motor Vehicle - Towing or Wrecker Service:
(1) Storage areas shall be screened from public view by a opaque fence or wall;
(2) Storage areas must be paved, and the paving maintained;
(3) All stored vehicles must all have current licenses;
(4) Vehicles shall not be stored longer than 60 days.
(g) Movie Theater, Drive-in:
(1) The location of the projection structure and screen shall not interfere with the surrounding area or traffic;
(2) A paved waiting vehicle area capable of storing as least one-third as many cars as can be accommodated within the parking area shall be provided out of the flow of incoming and outgoing traffic; and
(3) All points of ingress and egress and acceleration and deceleration lanes shall be provided to facilitate the continuous flow of traffic to and from the theater.
(h) Nursing Home:
(1) The proposed plan shall be approved by the County Health Department and County Emergency Services, prior to final approval; and
(2) Such use shall not create a nuisance because of traffic generated.
(i) Oil or Gas Well Operation, Exploration or Production: These regulations shall apply to the drilling of new wells as well as re-drilling, fracturing , or other procedures for the extraction of or obtaining sources of oil or gas.
(1) An engineering report shall be submitted to the Commission dealing with the adequacy of drainage provisions for natural and created water at or near the site, prior to the Commission's action on the application;
(2) The applicant shall provide proof of a state permit approval;
(3) No well operation shall be permitted within 500 feet of any dwelling, church, school, nursing home, hospital, assisted living facility, or sanitarium; and
(j) Parking Structure or Lot (Commercial): Such parking lot or structure shall be the principal commercial use.
(k) Adult Book Store, Adult Videotape, Adult Motion Picture Theater, and Adult Entertainment Establishment:
(1) Such uses shall not be located within one thousand (1,000) feet of each other, which shall be measured from each properties boundary line.
A. The Planning Commission may waive this spacing provision for an adult book store, adult videotape store, adult motion picture theater or adult entertainment establishment if the following findings are made:
1. That the proposed use will not be contrary to the public interest, or adversely affect the value, use, or enjoyment or nearby properties, and that the spirit and intent of this subsection (k) will be observed.
2. That the proposed use will not enlarge or encourage the development of a skid row area.
3. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.
4. That all applicable regulations of this subsection (k) will be observed.
(2) It shall be unlawful to hereafter establish any adult bookstore, adult videotape store, adult motion picture theater, or adult entertainment establishment in any district if the proposed establishment is located within 500 feet of a residence or residential district. This prohibition shall be waived upon the presentation to the Planning Commission of a validated petition requesting such waiver, signed by at least fifty-one percent (51%) of those persons owning, residing, or doing business within 500 feet of the proposed location. The circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon. The Planning Commission shall not consider the waiver of spacing requirements set forth in this subsection (2) until the above described petition shall have been filed and verified by the Police Department.
(3) No adult bookstore, adult videotape store, adult motion picture theater, or adult entertainment establishment shall be located within 500 feet of any property line of a school, park, library, or place of worship.
(4) Advertisements, displays, or other promotional materials depicting, describing or relating to sexual activities or anatomical areas shall not be visible from a public sidewalk.
(5) All doors, windows and other apertures shall be located, covered or screened in such a manner as to prevent viewing the interior of the establishment from a public street or sidewalk.
(6) In the event that an adult bookstore, adult videotape store, adult motion picture theater, or adult entertainment establishment is replaced by another type of land use; the adult book store, adult videotape store, adult motion picture theater, or adult entertainment establishment shall be required to obtain a new conditional permit before it can be re-established.
(Ord. 2005-06-02. Passed 3-20-06.)
1361.01 STATEMENT OF LEGISLATIVE INTENT.
Proper design of and access to parking facilities shall be required in order to protect the public health, safety, and welfare.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1361.02 GENERAL PROVISIONS.
(a) The provision and maintenance of required off-street parking, loading, and internal roadway facilities are continuing obligations of the property owner.
(b) In all zoning districts, when a building is enlarged or structurally altered, or a new building is constructed, or the use of an existing building is changed, off-street parking, loading spaces, and internal roadways shall be provided according to the requirements set forth in this article.
(1) When several uses occupy a single structure or lot, the total required parking shall be the sum of the requirements of the individual uses. When there is a change in the use of a building or parcel of land, the difference between the number of required parking spaces for the new use and the number required for the previous legal use according to this article, even if spaces were not available for the previous use, shall be provided.
(2) However, when the increased intensity or enlargement of a commercial building requires two (2) or less new spaces, no additional parking spaces shall be required.
(c) In all zoning districts, required off-street parking shall be located on the premises intended to be served, unless a conditional permit for a restricted accessory parking area is obtained from the Planning Commission in accordance with appropriate district regulations and the provisions of Article 1359 Conditional Permit Uses.
(d) Required parking spaces shall be available for parking of vehicles of residents, customers, patrons, and employees, and shall not be used for storage of vehicles or materials or for the exclusive parking of vehicles used in conducting the business or use, and shall not be used for selling, repairing, or servicing. Exceptions to this shall include the seasonal selling of Christmas trees and sidewalk sales by existing on-site businesses.
(e) No vehicle parking or maneuvering shall be permitted in any required front setback, except for a factory-built home in a factory-built home rental community, a single family dwelling or a duplex, any of which may have two spaces in the front setback. Portions of the front setback are permitted to be paved for vehicle or pedestrian ingress/egress only and in no case shall more than 50 percent of the front setback be paved. When parking areas are provided on a separate lot, the front setback requirements shall be determined as if applied to a one- story structure within the zoning district where it is located.
(f) A plan, drawn to scale, indicating how the off-street parking requirements are to be met, shall accompany an application for a multi-family and nonresidential building permit. The plan shall show all elements necessary to indicate that the parking requirement is being fulfilled, and shall include at least the following:
(1) Delineation of individual parking spaces; and
(2) Circulation area necessary to serve spaces; and
(3) Access to streets and property to be served; and
(4) Curb cuts; and
(5) Dimensions, continuity, and type of screening; and
(6) Grading, drainage, and surfacing details; and
(7) Delineation of obstacles to parking and circulation in finished parking area; and
(8) Specifications as to signs and bumper guards; and
(9) Landscaping; and
(10) Identification of required handicapped parking spaces; and
(11) Lighting plan; and
(12) Pedestrian walkways and crosswalks, if applicable.
(g) Non-compliance with any part of this article shall be subjected to the enforcement and financial penalties provisions as described in Article 1375 Administration and Enforcement.
(Ord. 2005-06-02. Passed 3-20-06.)
1361.03 DETAILED STANDARDS.
All parking and loading areas shall be developed and maintained as follows:
(a) Composition. Driveways and areas used for loading, parking, and internal roadways shall be paved with asphalt or concrete and conforming to the requirements of Article 1309.02 of these Ordinances.
(b) Traffic Flow. Driveways and areas for loading, parking, and the maneuvering of vehicles within multi-family and all non-residential land uses shall meet all the requirements with regard to traffic flow on public streets and alleys.
(c) Drainage. A parking area shall be designed to dispose of all surface water within the area in such a manner as to prevent drainage onto and across a Public Right-of- Way or onto adjoining property and shall meet all other drainage requirements. No such area or driveway shall be built over or interfere with the flow of an existing drainage channel unless adequate drainage facilities are provided to accommodate said channel. No certificate of occupancy for a building shall be issued by the Planning Officer unless all parking and loading areas and driveways are constructed in accordance with approved plans.
(d) Soil Erosion and Sediment Control.The design, construction, and maintenance of a parking area shall be designed so as to properly control and prevent soil erosion and sediment control as required by the West Virginia Division of Environmental Protection (DEP). DEP compliance shall be the continued responsibility of the property owner.
(e) Obstructions.No obstructions of any kind shall be permitted within any required parking space.
(f) Access. No parking space shall be located in a manner so as to block access to any other parking space, except on a parking lot with a parking attendant having access to each vehicle's keys.
(g) Movement. Required off-street parking spaces shall be designed so that no backward movement of a vehicle onto a public right-of-way, other than an alley, will be necessary, except for single family or duplex dwellings.
(h) Wheel Stops. Shall be secured to the ground surface and shall be installed so that no portion of a vehicle will project onto a public right-of-way, over adjoining property, over a sidewalk, or into a required setback, landscaping, area.
(i) Lighting. Lighting of a parking area shall not interfere with surrounding areas or traffic flow, nor illuminate adjacent properties.
(j) Landscaping. Within any parking area, all sections not used for parking stalls or maneuvering of vehicles shall be landscaped. (See also Art. 1363)
(k) Signage. Traffic control signs and pavement markings shall be used to control vehicular movement in a parking area. A sign showing the direction of a one-way street next to the site shall be required. Signs shall be limited to two square feet each, and an aggregate total not to exceed 20 square feet. No sign of any kind other than those indicating entrances, exits, name of establishment to which such parking area is accessory, or conditions of use shall be erected. No advertising on such signs shall be permitted. Such signs shall be in conformance with Section 1365.07
On Premise Signs for Parking Areas.
(l) Driveways. The maximum grade for a driveway shall be 15 percent. The portion of the driveway on public right-of-way shall be level with the street paving from the property line to said paving. However, a variance may be granted in areas with steep topography where it is not feasible to achieve 15 percent grade or lower.
(m) Common Driveways. A common driveway shall be permitted for adjacent lots. Legal evidence shall be presented and approved by the planning staff, in the form of deeds, leases, or contracts to establish the joint use, prior to zoning approval.
(n) Parking Lot Grade. The grade of a parking lot shall not exceed 5%.
(o) Markings. All required parking spaces within the parking lots and all loading areas for multi-family and non-residential land uses shall be indicated by painted lines for the purpose of easy identification and delineation. Required walkways shall be identified in the same manner.
(Ord. 2005-06-02. Passed 3-20-06.)
1361.04 OFF-STREET PARKING REQUIREMENTS.
The following sets forth the minimum number of parking spaces to be provided as required in this ordinance. Garage parking spaces are not to be counted as part of off-street residential parking requirements. Requirements for a building or use not specifically listed shall be determined by the Planning Officer based upon the requirements of similar uses.
(a) Residential Uses:
(1) Single family dwelling 2 spaces for each dwelling unit. (2) Studio or efficiency unit 1 space per dwelling unit. (3) One-bedroom apartment * 1.5 spaces per dwelling unit. (4) Two or more bedroom apartment 2 spaces per dwelling unit. |
* Accessory rooms, such as dens, recreation rooms, extra living rooms, or family rooms (but excluding kitchens, dining rooms, bathrooms, and one living room) shall be calculated as a bedroom when determining the required off-street parking spaces.
(5) Multi-family dwelling units intended for assisted care:
1 space for each 2 dwelling units, plus one space for each employee.
(6) Non-transient roomers or boarders:
1 space per roomer or boarder, in addition to the requirement for the dwelling.
(7) Factory-built community:
2 spaces per factory-built home space or plus requirement for applicable commercial and office uses.
(8) Rooming house or boarding house:
1 per guest room, plus 1 space for resident manager.
(b) Nonresidential Uses:
Arena, stadium, auditorium, or theater - 1 space for every 4 seats; 20 inches of bench or pew shall be considered 1 seat.
Assembly hall without seats - 1 space for each 100 square feet of floor area used for assembly.
Bank - 1 space for each 250 square feet of gross floor area, plus three spaces to accommodate each drive-in window.
Bar or nightclub - 1 space for each 100 square feet of gross floor area.
Bowling alley - 4 spaces for each alley, plus one space per employee, plus 50% of the spaces otherwise required for accessory uses (e.g. bars, restaurants, game rooms).
Bus terminal - 1 space for each 400 square feet of gross floor area.
Church - 1 space for every 6 seats in the principal auditorium; 20 inches of bench or pew shall be considered 1 seat. If the place of worship is located within 500 feet of any public parking lot or any commercial parking lot where sufficient space is available by legal agreement of the owner(s) and approved by the Planning Officer, up to 50% of the required parking may be placed on such lot.
Club, lodge, or meeting room - 1 space for each 3 members or every 4 seats (20 inches of bench or pew shall be considered 1 seat) or for each 50 square feet of floor area available for the accommodation of movable seats in the largest assembly room or per 150 square feet of gross floor area, whichever is needed by the facility.
Club with overnight accommodations - 1 space for each 2 guest rooms or suites, plus requirement for a club.
Dance Studio or Gym - 1 space per 150 square feet.
Day Care Center - 1 space per staff member and 1 space per 5 students.
Elderly Housing - 1 space per two living units.
Funeral home - 1 spaces per 75 square feet in the public rooms, plus 1 space per funeral vehicle, plus 1 space per employee.
Gas Service Station - 2 spaces per service bay, plus 1 space per employee
Home occupation - 1 space, in addition to the required parking for the dwelling.
Hospital - 1.8 spaces per bed; however, hospital bassinets shall not be counted as beds.
Hotel - 1 space for each guest room or suite, plus such spaces as are required for eating establishments, assembly rooms and related facilities, as determined by the Planning Officer.
Medical clinics - 2 spaces for each examination or treatment room, plus one space for each worker.
Motel - 1 space for each guest room or suite, plus such spaces as are required for eating establishments, assembly rooms and related facilities, as determined by the planning staff.
Museum or Art Gallery - 1 space per four seats in rooms for public assembly or for each 150 square feet of gross floor area for use by the public, whichever is greater, plus 1 space for each two employees on the shift of greatest employment.
Nursing home - 1 space per six patient beds, plus 1 space per employee on the largest working shift, plus one space per visiting staff.
Office - Without visiting clients, 1 space for each 300 square feet of gross floor area. With visiting clients, 1 space for each 200 square feet of gross floor area
Pool hall - 1 space for each 100 square feet of gross floor area.
Racquet/handball court - 2 spaces per court, plus one for each 200 square feet of clubhouse floor area in excess of 1,000 square feet.
Restaurant - With dining room of at least one table or counter service area, 1 space for each 100 square feet of gross floor area. Without dining room, 1 space for every 200 square feet of gross floor area.
Retail store, service or repair shop - 1 space for each 400 square feet of gross floor area.
Retail store or service or repair shop that handles bulky merchandise, such as furniture, large household appliances, or motor vehicles - 1 space for each 800 square feet of gross floor area.
School-business, secretarial, industrial, technical, or trade - 1 space for each student, based on the design capacity of the building, plus one space for each teacher or other employee.
School-college or university - 3 spaces per 1,000 square feet of gross floor area used for academic purposes, plus 1 space for each student rooming unit, plus additional spaces as required for nonacademic uses.
School-preschool nursery, kindergarten, elementary, or middle - 1 space per staff member, plus 1 space per classroom, plus adequate pickup and drop-off area as determined by the planning staff.
School-senior high - 1 space for each 10 students for which the building was designed, plus 1 space for each classroom and administrative office.
Skating rink - 1 space for each 200 square feet of gross floor area.
Swimming pool - 1 space for each 100 square feet of pool, sunbathing, and picnic area.
Tennis court - 3 spaces per court
Terminal (e.g. truck, rail) - 1 space per employee
Unified shopping facilities - 1 space for each 250 square feet of gross leasable area. Gross leasable area is defined as the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
Warehouse - 1 space for each employee on the largest shift, plus one space per company vehicle, plus sufficient space to accommodate the largest number of visitors that may be expected at any one time.
(Ord. 2005-06-02. Passed 3-20-06; Ord. 2007-08-02. Passed 11-13-07.)
(c) Main Street in the City of Winfield is exempt from this section. Any structure on Main Street is only required to maintain the parking that it has at the time of the adoption of this subsection. (Ord. 2018-2019-5. Passed 12-11-18.)
1361.05 LOADING FACILITIES REQUIREMENTS.
(a) In all zoning districts, in connection with every building hereafter erected to be occupied by uses requiring the receipt or shipment by motor vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such building off-street loading and unloading space accessible from an alley or easement of access, or when there is no such alley or easement of access, from a street. One loading space shall be required for each 10,000 square feet of floor area. If less than 10,000 square feet exists, 5,000 or more square feet of floor area shall require one loading space.
(b) On property where trucks or other vehicles will be regularly engaged in loading or unloading, adequate space must be provided so that all maneuvering, standing, loading, and unloading can be done entirely on site.
(c) No off-street loading space may be located in any yard adjoining a residential use or zoning.
(d) Loading areas shall be paved with asphalt or concrete and conforming to the requirements of Article 1309.02 of these Ordinances.
(Ord. 2005-06-02. Passed 3-20-06.)
(e) A covered leak-proof dumpster will be required for all business and/or commercial developments. Also a dumpster and pad will be required for any residential development that includes duplex or multi-family dwellings as well as group housing.
(1) Each dumpster will be screened as outlined in Article 1363.
(2) The dumpster will be placed on a concrete pad of sufficient area and have a thickness of not less than 6-inches with reinforcing such as rebar or wire mesh.
(3) The pad will be sloped to the center not less than 1/8" per foot and a catch basin will be provided to capture water and divert it to an adequate discharge point.
(4) A reinforced concrete approach apron will also be provided. The apron will be a minimum of ten feet long and six inches thick and match the width of the dumpster pad. Additional stone and asphalt may be used in the loading area in lieu of a concrete apron.
(5) The Winfield Planning Commission may waive the above requirement in its absolute discretion, if the owner submits an alternate method of rubbish disposal in which the owner accepts full responsibility for the disposal of rubbish by written agreement.
(6) In addition this ordinance will have no effect on the owners required compliance with any other health and sanitation laws in existence.
(7) Any owner found in violation of this ordinance shall be subject to a Penalty Fine of one hundred dollars ($100.00) per day found out of compliance.
(Ord. 2006-07-01. Passed 10-10-06.)
 | A rule of thumb in determining the amount of space needed for loading is to double the length of the longest vehicle to use the space. |
It is easier to back a truck into a loading space when the driver can look back over his left shoulder. The design of the site and its traffic circulation should take advantage of this. | |
The layout of the site, including plans for future expansions, should enable all maneuvering to be done on site. |
(Ord. 2005-06-02. Passed 3-20-06.)
1361.06 PARKING LOT DIMENSIONS.
(a) Lot Dimensions. Three basic patterns form the basis for the layout of most parking lots: 90 Degree, Angle, and Parallel. The minimum dimensions are given below.
 | 90 Degree Parking Most efficient use of space (most parking spaces per square foot of parking). Accommodates two-way traffic.
An aisle of 22-24 feet is preferable to the minimum of 20 feet, if space permits. |
 | Angle Parking Can be used where width of parking area is limited.
Aisles should be 2-3 feet wider than minimum requirements where space permits. |
 | Parallel Parking
Should not be used on an aisle with 90 degree parking. |
(b) Handicapped Spaces. Except for single family and duplex dwellings, there shall be at least one (1) 12’ x 18’ handicap parking space. There shall be one (1) handicap parking space for every 25 spaces required. The international symbol shall be painted on the paved space.
(c) Compact Spaces. The minimum dimension for compact spaces is 8' x 16'. Parking facilities may designate up to 30 percent of the spaces for compact cars only.
(Ord. 2005-06-02. Passed 3-20-06.)
1363.01 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of these landscaping and screening regulations to protect the character of residential and commercial areas by enhancing the visual environment and to conserve the value of adjoining properties and neighborhoods.
(Ord. 2005-06-02. Passed 3-20-06.)
1363.02 GENERAL PROVISIONS.
(a) Landscaping shall be required in setbacks, except for driveways, with a mixture of materials such as grass, trees, shrubbery, and mulch.
(b) Trash receptacles, trash dumpsters and trash can storage areas, in both residential and commercial districts, shall be screened from view from all sides by use of fencing, walls, or a combination of such. (This provision shall not apply for the temporary placement or storage such as curbside placement for trash collection day)
(c) Landscaping and screening shall not interfere with nor block the view of driveways either on the same or adjacent property.
(Ord. 2005-06-02. Passed 3-20-06.)
1365.01 STATEMENT OF LEGISLATIVE INTENT.
It is recognized that signs are a legitimate business land use and have a right to exist within the zoned area. This article is to regulate signs in such a manner as to provide for the reasonable and orderly display of permitted signs. It is the intent of these regulations to protect the residential neighborhoods from sign clutter and the related annoyance and nuisance while being reasonably permissive.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1365.02 PROCEDURES AND PERMITS.
(a) It shall be unlawful for any person to erect, alter, relocate, or maintain any sign without first obtaining a permit therefore from the planning staff, except as provided in Section 1365.03 Permit Exemptions.
(b) The applicant shall obtain the planning staff's approval as to the conformance with the Zoning Ordinance.
(c) (1) The application for the planning staff approval of a sign shall be made upon forms provided by the Commission. All applications shall be accompanied by accurate sketches and scaled drawings showing the location of the proposed sign.
(2) No such application shall be accepted unless it is complete and is verified as to the correctness of information given by the signature of the applicant attesting thereto. The planning staff may further require that the actual location of a proposed sign be based on an actual survey by a registered land surveyor or civil engineer, said survey to be provided by the applicant.
(Ord. 2005-06-02. Passed 3-20-06.)
1365.03 PERMIT EXEMPTIONS.
A permit shall not be required for the following items, these items being allowed in addition to the maximum number and square footage of signs as permitted in the other sections of this article.
(a) Servicing, repainting, cleaning, or changing the advertising message of an existing sign, which do not require structural alterations.
(b) House number or nameplate not exceeding two square feet in area.
(c) Real estate sign advertising the sale, rental, or lease of a structure or parcel of property and not exceeding six square feet in area. Larger real estate signs require a permit and are regulated under Section 1365.08, On-Premise Temporary Signs.
(d) Memorial sign or tablet or name of building and date of erection. S
(e) Sign painted on or attached to a properly licensed, operational motor vehicle and not occupying more than 10% of the visible surface of the vehicle.
(f) Any noncommercial flag.
(g) On or off-premise temporary promotion and event signs for community and nonprofit organizations that are not located on any public right-of-way.
(h) Yard sale signs that are posted and removed in a two day period after the sale.
(i) Holiday lights and decorations with no commercial message.
(j) Traffic control signs on private property that contain no commercial message of any sort.
(k) Residential subdivision identification sign located at the subdivision entrance with a maximum sign area of 32 square feet..
(l) Time and temperature portions of a sign, up to 33% of the total sign area allowed.
(m) One on-premise commercial banner, when placed flush against the wall of a primary commercial structure.
(Ord. 2005-06-02. Passed 3-20-06.)
1365.04 MEASUREMENT OF SIGN AREA.
In order to determine the total sign area the entire wording, language, representation, depiction or color scheme shall be encased in a square or rectangle, and the area of said square or rectangle shall be considered the area of the sign. Background colors shall not be calculated as sign area if it is not considered an integral part of the wording or representation for which the intent of the sign message depends.
(Ord. 2005-06-02. Passed 3-20-06.)
MEASUREMENT OF SIGN AREA
 |
1365.05 PROHIBITED SIGNS.
The following signs shall be prohibited in all districts, except as otherwise noted herein:
(a) Animated sign that incorporates in any manner flashing or moving lights or any other visible moving or revolving part, except for the time, temperature, or date sign.
(b) Commercial banners, pennants, flags, spinners, streamers, large balloons, or strings of lights, except as permitted in Section 1365.08 On-Premise Temporary Signs, and Section 1365.03 - Permit Exemptions.
(c) Sign which obstructs or impairs the vision of drivers.
(d) Signs which makes use of such words as "STOP", "LOOK", "DANGER", or other similar words, phrases, symbols, or characters in such a manner as to imply the need or requirement of stopping or the existence of danger.
(e) Sign which obstructs free ingress or egress for a door, window, fire escape, or other exit way.
(f) Portable signs.
(g) Sign determined by planning staff to contain obscene, indecent, or immoral matter.
(h) Sign which no longer advertises a bona fide business, activity, campaign, service or product.
(i) Any sign located in a public right-of-way, Except as provided in Section 1365.09.
(j) All off-premise commercial signs and permanent off-premise community and nonprofit organization signs, with the exception of that mentioned in subsection (j) hereof.
(k) All signs with exposed neon, the typical “Open” signs.
(Ord. 2005-06-02. Passed 3-20-06.)
1365.06 GENERAL SIGN RESTRICTIONS.
This section provides for the general restrictions on signs for each of the zoning districts:
(a) R-1 and R-2 Residential and M-1 Manufactured Housing Districts. One (1) monument or wall sign not exceeding two (2) square feet for a single-family or duplex dwelling for the purpose of displaying the address of the structure.
(b) C-1 Suburban Commercial Districts.
(1) A maximum of two (2) wall signs per place of business not exceeding an aggregate total of twice the building frontage and a maximum of 100 square feet.
(2) Monument, projecting, and freestanding signs shall be permitted only by conditional permit approved by the Commission, and shall be counted as one (1) of the maximum number of permitted signs.
(c) C-2 High Density Commercial District.
(1) A maximum of two (2) signs per place of business not exceeding an area to be calculated by the formula:
Lot frontage multiplied by 10% of said lot frontage = Maximum aggregate total area. (Example: 45 ft. lot frontage = 45 x 4.5 - 202.5 sq. ft.) In the case of a corner lot, the sign area must face the street frontage used in the calculation. In the case of a multi-use building the area shall calculated using the "use" frontage in the formula above. In no case shall the maximum sign area exceed 300 square feet.
(2) The types of signs permitted in this district are wall, freestanding and projecting. Freestanding signs shall not exceed 40 feet in height, and shall not project over the street or road right-of-way or adjacent property line.
(3) Neon signs which comply with all other applicable requirements.
(Ord. 2005-06-02. Passed 3-20-06.)
1365.07 ON-PREMISE SIGNS FOR PARKING AREAS.
On-premise signs shall be regulated as follows for parking areas in all districts:
(a) Directional signs and pavement markings shall be used to control vehicular movement in a parking area. Signs shall be limited to two square feet each, and an aggregate total not to exceed 20 square feet.
(b) No sign of any kind other than those indicating entrances, exits, name of establishment to which such parking area is accessory, or conditions of use shall be erected. No advertising on such signs shall be permitted.
(Ord. 2005-06-02. Passed 3-20-06.)
1365.08 ON-PREMISE TEMPORARY SIGNS.
An on-premise temporary sign (non-illuminated) shall be permitted in accordance with the standards as shown in the Table, "Use, Area, Height, and Placement Regulations for On-Premise Temporary Signs".
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
SIGN FUNCTION | DISTRICT | TYPE OF STRUCTURE | MAXIMUM AREA | MAXIMUM HEIGHT | MAXIMUM PERMIT DURATION | CONTENT |
Commercial | ----------- | 32 sq. ft. | ------ | ---------- | Sign must note the zoning of the parcel as follows “Zoned ------ “ | |
Construction: Identifies the name of the project developer, contractors, engineers and architects on a site being developed. | All | Freestanding | 32 sq. ft. | --------- | Not to be issued prior to building permit and valid until completion of development occupancy. | ------- |
Subdivision: Advertises a residential or commercial subdivision under the name of the developer, engineer and architects. | All | Freestanding | 50 sq. ft. | 10 ft. | Final completion of subdivision | --------- |
Commercial Special Events: Announces special events (such as anniversaries, or grand openings) or special promotions of products. | Commercial | Banners, freestanding or wall, in excess of two or not flush to building (2/99) Pennants, flags, balloons, streams on building and in parking lot. | 100 sq. ft. facing each abutting street. | ------ | 1 week, twice a year 1 week, twice a year |
1365.09 OFF-PREMISE SIGN REGULATIONS.
(a) Commercial entities shall be entitled to place two (2) off premise signs in the City of Winfield for the purpose of providing directions to their business only;
(b) These signs are limited to businesses that do not front State Route 817 as it passes through Winfield;
(c) These signs are limited to being no larger than six (6) square feet;
(d) These signs must be approved as stated in Section 1365.02;
(e) These signs are limited according to Section 1365.05(k);
(f) If these signs are placed on private property, a legally binding deed or right-of-way must be presented to the Planning Staff acknowledging the legal ability to place the sign in its proposed site. (Ord. 2013-2014-11. Passed 6-10-14.)
1365.10 NONCONFORMING SIGNS.
In the event a nonconforming sign is removed for any reason, it shall not be put back unless it completely conforms to the Zoning Ordinance.
(Ord. 2005-06-02. Passed 3-20-06.)
1371.01 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of the supplementary provisions to:
(a) Provide for special situations that are recognized as valid yet necessarily have to be regulated in such a manner as to promote orderly development and to protect the public health, safety, and general welfare.
(b) Supplement district regulations where necessary to clarify and carry out the overall intent of the Zoning Ordinance.
(Ord. 2005-06-02. Passed 3-20-06.)
1371.02 ALIGNMENT PROVISION FOR FRONT SETBACK.
In any residential district, when the front setbacks of the dwellings located on both sides of a lot exceed the minimum front setback as prescribed in the Zoning Ordinance, the new dwelling shall set back at least the same distance as one of the said dwellings. In the event there is only one adjacent lot with an existing dwelling, and that dwelling exceeds the minimum front setback, the new dwelling shall set back at least the average of the existing dwelling setback and the required setback in that district. Where there are two adjacent dwellings, only one of which exceeds the minimum front setback, the minimum setback requirement of this ordinance shall apply to the new dwelling.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1371.03 PROJECTIONS INTO SETBACKS.
(a) Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters, carports, or other similar features a distance not exceeding three (3) feet into the required setback, except that such features must not extend closer than three (3) feet from the property line.
(2) Uncovered stairs, landings, and porches, none of which shall be more than five (5) feet above ground level, a distance not to exceed three (3) feet into the required setback
(3) Single-family residential driveways may locate as close as one (1) foot to neighboring property lines as long as the surface is sloped away from the property line to prevent water from draining on neighboring property.
(b) No permitted projection noted in subsections (a)(1) and (2) hereof shall extend within three feet of an accessory building.
(c) Fences, walls, terraces, steps, or other similar features may project into a required setback, except as provided under Section 1371.04 Vision Field, but shall not exceed six (6) feet in height. However, retaining walls (and fences in commercial districts) may exceed eight feet in height, provided they do not violate the provisions of Section 1371.04 Vision Field.
(Ord. 2005-06-02. Passed 3-20-06.)
1371.04 VISION FIELD.
On any corner lot or on any private drive that serves two or more residences, a wall, fence, sign, structure, display of merchandise or any plant growth which obstructs sight lines at elevations between two and one-half (2-1/2) feet and eight (8) feet above the crown of the adjacent roadway shall not be placed or maintained within a clear vision triangle of the area of the lot twenty (20) feet along the property line from the street right-of-way at intersections or forty (40) feet from the edge of paving, whichever distance is less. The vision field for a private drive shall be a triangular area formed by measuring twenty (20) feet from the edge of the driveway pavement and the intersecting street right-of-way. A private drive is defined to include (but not be limited to) a local access street and/or any street or drive that accesses a city or state roadway.
 |
(Ord. 2014-15-7. Passed 11-3-14.)
1371.05 EXCEPTIONS TO HEIGHT LIMITATIONS.
The district height limitations shall not apply to the following, provided such structures do not interfere with airplane flight patterns:
(a) Church spires, belfries, cupolas, or domes, not for human occupancy
(b) Water, fire, hose, or observation towers
(c) Chimneys, derricks, conveyors, or flagpoles
(d) Elevator penthouses, water tanks, or monitors
(e) Cooling tower, smokestack, or other structure where the manufacturing process requires a greater height
(f) Parapet wall not extending more than four feet above the limited height of the building upon which it rests
(g) Situation as provided for under Section 1371.06 - Incentive Provisions
(Ord. 2005-06-02. Passed 3-20-06.)
1371.06 INCENTIVE PROVISIONS.
In any district, when a floor or floors of enclosed parking are provided within a building, those parking floors shall not count in determining the height of the building.
(Ord. 2005-06-02. Passed 3-20-06.)
1371.07 TEMPORARY PERMITS.
Temporary uses of property not otherwise permitted by the district regulations may be authorized by Council for a maximum period of six (6) months. The Commission shall hold a public hearing and make a recommendation to Council prior to Council's final decision. This temporary permit may be renewed only once by reapplying to Council, through the planning staff. The applications shall be carefully reviewed as to the compelling need for the requested use, and evaluated as to their effect on the public health, safety and general welfare. If any of the original expressed intent of the applicant or any restriction placed on their approval is significantly violated, Council may, after holding an evidentiary hearing, revoke the permit and order the use to cease and desist. (See also Section 1377.03 Filing Procedures)
(Ord. 2005-06-02. Passed 3-20-06.)
1371.08 AWNINGS AND CANOPIES.
Awnings and canopies, wherever permitted, shall be subject to the following restrictions:
(a) Awnings and canopies shall be maintained in good and safe structural condition.
(b) An awning or canopy shall not extend further than the extent of a sidewalk it is covering nor be lower than nine feet above a sidewalk.
(c) Posts or columns beyond the building line shall not be permitted on public property and any awning or canopy erected over a public sidewalk shall be considered a conditional permit use and be in accordance with Article 1359 Conditional Permit Uses.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1371.09 SATELLITE DISH ANTENNAE.
Satellite dish antennae, wherever permitted, shall be subject to the following additional restrictions:
(a) Satellite dish antenna located in the rear yard and on the ground, except that 24" diameter or smaller dish can be located anywhere except the front yard and above the eve line of the roof.
(b) A variance may be applied for if reception is not possible in allowed areas.
(Ord. 2005-06-02. Passed 3-20-06.)
1373.01 STATEMENT OF LEGISLATIVE INTENT.
It is the intent of the following provisions to:
(a) Control construction of structures on nonconforming lots
(b) Restrict expansion of nonconforming structures used for a permitted use
(c) Encourage the eventual elimination of nonconforming nonresidential uses
(d) Prevent the re-establishment of nonconforming uses after they are moved or abandoned.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1373.02 NONCONFORMING VACANT LOT.
(a) A single family dwelling may be constructed, only by special permission of the Commission, on a pre-existing nonconforming lot of record, and shall comply with all applicable setbacks. The Commission shall hold a public hearing on such requests. The filing, notification, and public hearing procedures are as provided in Section 1373.03 Filing Procedures. Exception to the approval requirements shall include lots reviewed and approved by the Commission prior to the adoption of the Zoning Ordinance.
(b) Where such a lot does not meet the minimum frontage requirement but does meet the minimum area requirement, the following setback requirements shall apply:
(1) No required side setback shall be less than ten (10) percent of the width of the lot. When there is more than one side setback, their sum shall be not less than 25 percent of the width of the lot.
(2) No side setback shall be less than five (5) feet in any event
(Ord. 2005-06-02. Passed 3-20-06.)
1373.03 NONCONFORMING STRUCTURE USED FOR A PERMITTED USE.
A lawfully existing structure, which contains a permitted use but does not comply with the other requirements of this ordinance for the zoning district in which it is located, may be continued but shall be subject to the regulations below. In such cases, however, the failure to meet landscaping or screening requirements shall not be considered a nonconformity.
(a) Enlargement, Repair, Alteration. A nonconforming structure may be enlarged, maintained, repaired, or structurally altered, provided no such enlargement, maintenance, repair, or structural alteration shall create any additional nonconformity or increase the degree of the existing nonconformity of such structure.
(b) Reconstruction. In the event a nonconforming structure is destroyed by fire, flood, or other natural cause, said structure may be rebuilt on the same foundation with the previously existing setbacks, provided the reconstruction of such structure is begun within 12 months of the date it was destroyed.
(c) Damage or Destruction. In the event a nonconforming structure is intentionally damaged or destroyed by the owner of the property, to such an extent that the cost of restoring it to its prior condition exceeds 50 percent of the current replacement cost of the entire structure, exclusive of foundations, such structure shall not be permitted to be restored unless it shall thereafter conform to the regulations of this ordinance for the district in which it is located.
(d) Moving. No nonconforming structure shall be moved, for any distance, to any other location on the same or other lot, unless the structure shall conform to the regulations of this ordinance for the district in which it is located after being moved.
(e) One-for-One Replacement. An existing single-wide manufactured home having a width of less than 20 feet may be replaced with a unit of the same dimensions on the same lot. The intent of this regulation is to promote affordable housing opportunities. Should the lot remain vacant for a period of twelve (12) consecutive months, the lot must then conform to the regulations of the zoning district.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1373.04 NONCONFORMING USE OF STRUCTURE OR LAND.
A use of part or all of a structure, or land, which is not permitted under the applicable district regulations of the Zoning Ordinance, but which is lawfully established on the effective date of this ordinance, shall be termed a "nonconforming use". Such use may be continued so long as otherwise lawful but shall be subject to the regulations below.
(a) Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, unless such structure and the use thereof shall thereafter conform to the regulations of the Zoning Ordinance for the district in which they are located. Moreover, on any lot that is the site of a nonconforming use, no structure shall be constructed, enlarged, or added to in any manner unless, after such construction, enlargement, or addition, all structures and uses located on such lot shall conform to the regulations of this ordinance for the district in which they are located.
(b) Ordinary Repair and Maintenance. Ordinary maintenance and repairs, or repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, shall be permitted, provided such allowance shall not be deemed to authorize any violation of the other parts of this section. Nothing in the Zoning Ordinance shall be deemed to prevent the strengthening of a structure, or restoring a structure to a safe condition (except for a damaged or destroyed structure subject to provisions of subsection (d) of this section) in accordance with the order of a public official who is charged with protecting the public safety, and who declares such structure to be unsafe, and orders its restoration to a safe condition.
(c) Structural Alteration. No structural alteration shall be made unless the entire structure and the use thereof shall thereafter conform to the regulations of the Zoning Ordinance for the district in which they are located. However, nothing in the Zoning Ordinance shall be construed to prevent owners of nonconforming residential structures those structural alterations that do not increase the number of dwelling units within it or enlarge its exterior dimension.
(d) Damage or Destruction. In the event a structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to such an extent that the cost of restoration to its prior condition exceeds 50 percent of the current replacement cost of the entire structure, exclusive of foundations, such structure shall not be permitted unless a building permit is obtained and restoration actually begun within one year of the date of such partial destruction and is diligently pursued to completion. However, in a residential zoning district, a nonconforming residential structure destroyed by a natural disaster or fire, including a structure in an area which has been down-zoned, may be replaced, provided the new structure does not contain more bedrooms or dwelling units than the previous structure and provided the new structure is in the process of reconstruction within twelve (12) months of the date it was destroyed.
(e) Moving. No nonconforming use of land or structure shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or on any other lot, unless such use shall conform to the regulations of this ordinance for the district in which it is located after being moved.
(f) Extension. A nonconforming use shall not be extended, expanded, or increased in intensity. Such prohibited activities shall include the following:
(1) Extension of a nonconforming use to any structure of land area other than one occupied by such use on the effective date of this ordinance (or on the effective date of a subsequent amendment thereto that causes such use to be nonconforming).
(2) Extension of a nonconforming use within a structure to any portion of the floor area that was not occupied by such use on the effective date of this ordinance (or on the effective date of an amendment thereto that causes such use to become nonconforming), provided a nonconforming use may be extended throughout any part of such structure that was lawfully and manifestly designed or arranged for such use on said effective date.
(g) Change. A nonconforming use shall not be changed to any use other than the same use or a use permitted by the Zoning Ordinance in the district in which the land is located, or a use that is of less nonconformity in terms of the type of intensity of use. When a nonconforming use has been changed to a permitted use, it shall not thereafter be changed to a nonconforming use.
(h) Discontinuance. A nonconforming use, which is hereafter voluntarily discontinued, and remains such for a continuous period of one year, shall not thereafter be reestablished. Such location shall thereafter be occupied by a use, which conforms to the regulations of this ordinance for the district in which it is located.
(i) Nonconforming Accessory Use. No nonconforming accessory use shall continue after the principal use to which it is accessory has been destroyed, moved, or abandoned.
(j) Avoidance of Undue Hardship. To avoid undue hardship, nothing in the Zoning Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the Zoning Ordinance and upon which actual building construction has been carried on diligently. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently. Actual construction is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1375.01 RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT.
(a) It shall be the duty of the planning staff to administer and enforce the provisions of the Zoning Ordinance, except as otherwise expressly provided in the Zoning Ordinance.
(b) It shall be the duty of the planning staff to:
(1) Perform zoning reviews of building permit applications as necessary to determine compliance with the provisions of the Zoning Ordinance.
(2) Maintain permanent and current records of all applications for all reclassification, variances, conditional permits, amendments, and other zoning-related records required by the Zoning Ordinance and of the hearings and actions thereon.
(3) Conduct investigations as necessary to determine compliance with or violation of the Zoning Ordinance.
(4) Participate in the abatement of violations of the Zoning Ordinance and aid in the prosecution of such violations.
(5) Maintain in current status the official zoning maps.
(6) Provide information on zoning upon request by citizens and public agencies.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1375.02 GENERAL PROVISIONS.
(a) No commission, board, agency, officer, or employee of the Town shall issue, grant, or approve any permit, license, certificate, or any other authorization for any construction, reconstruction, alteration, enlargement, or relocation of any building or structure, or for any use of land or building, that would not be in compliance with the provisions of the Zoning Ordinance.
(b) In administering the provisions of the Zoning Ordinance, the standard rule of rounding numbers to the nearest whole shall apply. When the unit of measurement results in a fraction less than one-half or less than .5, the fraction shall be disregarded; fractions of one-half or more, or .5 or over, shall require the addition of unit of measure.
(Ord. 2005-06-02. Passed 3-20-06.)
1375.03 ZONING REVIEWS.
(a) A zoning review must be performed by the staff prior to the issuance of a building permit for construction of a new structure, enlargement of an existing structure, sign, parking lot, or other physical improvement (Excluding re-roofing, screening or enclosing existing porches, building a sidewalk or patio, etc.). In order to perform the review it shall be the responsibility of the person seeking to do the work, or have the work done, to provide the staff a scaled, detailed site plan showing:
(1) Lot dimensions, based on an actual survey;
(2) All existing and proposed structures thereon;
(3) All dwellings and the number of units in each;
(4) All existing and proposed parking spaces; and
(5) The proximity of the proposed improvements to necessary utilities and ingress/egress points.
(b) The staff shall review the site plan and determine conformity of the proposed improvement(s) with the applicable provisions of the Zoning Ordinance. If the staff deems it necessary for clarification it may require that the improvements be staked out on the property in order to complete their review. This review shall be completed in a reasonable time frame.
(c) (1) The staff may require submittal of a drainage plan where it appears the proposed improvement may create a drainage problem.
(2) In areas with a history of drainage problems, the staff may require submittal of a drainage plan designed and certified by a professional engineer.
(3) In an area of questionable soil stability, excessive excavation, or areas with a history of unstable soil, the staff may require submittal of an excavation plan designed and certified by a soil engineer.
(Note: The "plans" and "designs" referred to above shall be the financial responsibility of the person seeking to do, or have the work done)
(d) The issuance of a building permit based on the staff's approved site plan shall not prevent the staff from thereafter requiring correction of errors in said site plan, or from preventing operations from being carried on thereunder when in violation of the Zoning Ordinance.
(e) No approval by staff shall be construed to allow or permit the violation of any other law or regulation of the Town.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1375.04 PROCEDURES FOR VIOLATIONS.
(a) Whenever a violation of the Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the planning staff. He shall record properly such complaint, conduct appropriate investigations, and take action thereon as provided by the Zoning Ordinance.
(b) If the planning staff finds that any of the provisions of the Zoning Ordinance are being violated, whether reported by private citizen or by any commission, board, agency, officer, or employee of the Town, or by his own observation, they shall notify in writing the person responsible for such violation. Service of the written notice shall be deemed complete upon sending the notice by certified mail to the last known address of such person. Such notice shall include the following:
(1) Street address or legal description of the property involved; and
(2) A statement indicating the nature of the violation; and
(3) A specification of the section of this ordinance upon which the notice of violation is based; and
(4) A description of the action required to correct the violation; and
(5) A statement indicating the violation be terminated within fifteen (15) days from the date appearing on the notice.
(6) A statement advising that upon failure to comply with the requirements of the notice, the Town shall take such enforcement procedures as may be required in the Zoning Ordinance.
(c) The planning staff may order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or may take any other action authorized by the Zoning Ordinance to ensure compliance with its provisions.
(Ord. 2005-06-02. Passed 3-20-06.)
1375.05 PENALTIES FOR VIOLATIONS.
(a) It shall be the duty of the office of the Commission to enforce the Zoning Ordinance and to bring to the attention of the Municipal Court any violations or lack of compliance. Any person, firm, or corporation who fails to comply with, or violates, any of these regulations shall be subject to a fine or imprisonment as provided by laws of the State of West Virginia, Chapter 8, Article 24, Part XVIII of the Code of West Virginia.
(1) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of a building, structure, or premises, and these remedies shall be in addition to the penalties described above.
(2) Failure to terminate a violation within the requested time shall be cause for the Commission to seek appropriate legal action as advised by the Town Attorney.
(3) Any person who violates any provision of the Zoning Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars ($10.00) nor more than three hundred dollars ($300.00) per day. Each day during which any violations of the Zoning Ordinance continues constitutes a separate offense. The imposition of a fine or penalty for any violation of, noncompliance with, the Zoning Ordinance shall not excuse the violation or noncompliance or permit it to continue; any and all such persons shall be required to correct or remedy such violations or noncompliance. Any structure constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with the Zoning Ordinance, may be declared by the Town of Winfield to be a public nuisance and abatable as such.
(b) Nothing contained herein shall prevent the Town from taking other lawful action as necessary to prevent or remedy any violation.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1377.01 POWER OF TOWN OF WINFIELD.
Whenever public necessity and the public health, safety, general welfare, and morals require, the Town of Winfield may amend, supplement, or modify, by ordinance, the zoning district map boundaries or the regulations set forth in the Zoning Ordinance.
(Ord. 2005-06-02. Passed 3-20-06.)
1377.02 INITIATION OF AMENDMENT.
An amendment, supplement, or modification, in the zoning text or zoning maps of the Zoning Ordinance or may be initiated by:
(a) An ordinance submitted by a member of Council; or
(b) An ordinance instigated by the Commission; or
(c) An ordinance submitted by the owners of fifty (50) percent or more of the real property area to which the petition relates.
Any proposed amendment, supplement, or modification ordinance containing the signature of a Council Member shall first be submitted to the Town Clerk prior to the Commission public hearing, recommendation, and written report.
(Ord. 2005-06-02. Passed 3-20-06.)
1377.03 FILING PROCEDURES.
(a) In order to allow staff enough time to legally advertise a case, a proposed zoning text change, rezoning, conditional permit, single-family dwelling on a nonconforming lot, or temporary permit shall be filed with the staff on forms provided by the staff at least twenty-two (22) days prior to a scheduled Commission meeting.
(b) Upon receipt of one of the above-mentioned cases, staff shall review the file to determine that it is complete and correct. Text amendments and rezonings must be given an ordinance number by the Town Clerk, and conditional permits, houses on nonconforming lots, and temporary permits shall be given a case number by the staff. These numbers help to identify the particular case and assist in the tracking of it.
(c) After a number has been assigned to the case staff shall process a legal advertisement.
(d) Most conditional permits and houses on nonconforming lots are decided by the Commission. Text amendments, rezonings, temporary permits, and some conditional permits are decided by Council, but the Commission holds the public hearing for each of these cases and for those cases requiring Council action they recommend an action to Council. Council then makes the final decision.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1377.04 FEES.
Requests for a text amendment, rezoning, conditional permit, house on nonconforming lot or temporary permit shall be accompanied by a filing fee in accordance with Administrative Code Section 135.02. The purpose of this fee is to defray, in part, the costs related to the case processing.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1377.05 PUBLIC HEARING.
(a) The Commission shall hold a public hearing before acting on a request for a text amendment, rezoning, conditional permit, house on a nonconforming lot, or temporary zoning permit. Public hearing dates and time shall be established by the Commission.
(b) Notice of a scheduled public hearing shall consist of the following:
(1) Publication of a legal advertisement in compliance with the provisions of Article 24, Chapter 8 and Article 3, Chapter 59 of the Code of West Virginia;
(2) The posting of a notice of the public hearing on the subject property; and,
(3) The mailing of notices of the public hearing to the petitioner or applicant, to recorded owners of property within 200 feet of any part of the subject property, and to a homeowner’s association board member of an affected subdivision. The list of owners may be as established in the Putnam County Assessor's office; and,
(4) The notice required for amending the zoning ordinance to provide for overall updating and revision of the Zoning Ordinance text and map(s) shall be by:
A. Publication in a newspaper of general circulation as provided in paragraph (b)(1) above;
B. Mailing postcard notices, first class mail, to applicable property owners only where rezoning of property is involved; and
C. Mailing notice to a homeowner’s association board member of an affected subdivision.
(c) Notice of a scheduled public hearing for a proposed text amendment shall meet the requirement as stated in (b)(1) only.
(d) All notices shall include the time and place of the hearing and the action to be considered. For an overall updating and revision of the zoning ordinance, the planning staff shall not have to specify the change(s) proposed for each parcel of land; reference to the overall updating and revision shall be sufficient description of the action to be considered.
(e) Notices meeting the above requirements in subsections (b) through (d) shall be deemed adequate notice.
(f) The Commission shall establish rules and policies governing the order and conduct of public hearings that are in accordance with the Open Meetings Law.
(Ord. 2005-06-02. Passed 3-20-06.)
1377.06 PROTEST BY CITIZENS.
Written petition or letters to the Council, Mayor, or Commission should include the following:
(a) The case to which the petition or letter refers; and
(b) Signature and addresses of the petitioners; and
(c) Reasons for the protest; and
(d) The date of the petition, letter or signatures.
Petitions or letters favoring a request also may be submitted and follow the same guidelines as stated in (a) through (d) above.
(Ord. 2005-06-02. Passed 3-20-06.)
1377.07 CONFLICT OF INTEREST.
(a) The proper operation of democratic government requires that public officials be independent, impartial, and responsible to the people; that government decisions and policies be made in proper channels of governmental structures; and, that the public have confidence in the integrity of its government. In recognition of those goals, this section relating to conflict of interest sets forth those acts or actions that are incompatible with the best interest of the Town and directs disclosures by such officials of such interest in matters which may affect the outcome of any decision related to this ordinance made by the Town of Winfield, Board of Zoning Appeals, or Planning Commission.
(b) Any public official having a conflict of interest, as defined in subsection (c) below, shall declare such conflict and refrain from discussion of, participation in, or voting on any decision relating to the matter in which the official has a conflict of interest.
(c) Interest shall be considered as direct or indirect pecuniary or material benefits accruing to a public official as a result of any decision relating to this ordinance that is or may be the subject of an official act or action by the Town of Winfield, Board of Zoning Appeals or Planning Commission. For the purpose of the Zoning Ordinance, a public official shall be deemed to have a conflict of interest if any of the following relationships are present:
(1) Any person related to him by blood or marriage in a degree closer than first cousins; a divorce or separation between spouses shall not be deemed to terminate any such relationship; or
(2) Any person or business entity with whom a contractual relationship exists with the public official; it is not intended that this relationship be construed to be affected by minor contractual relationships, such as personal insurance policies, mortgages, bank accounts, or charge accounts; or
(3) Any business entity in which the public official is an officer, director, member having a financial interest therein, or by which he is employed; or
(4) Any business entity in which in excess of 15 percent of the total stock or total legal and beneficial interest is controlled or owned directly or indirectly by the public official.
(Ord. 2005-06-02. Passed 3-20-06.)
1379.01 ESTABLISHMENT.
A Board of Zoning Appeals shall be established in accordance with Article 24 (Chapter 8-24-51 et. seq.), of the Code of West Virginia. The word "Board" in this article shall mean the Board of Zoning Appeals.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1379.02 MEMBERSHIP AND ORGANIZATION.
(a) Board members shall be appointed pursuant to Section 51, Article 24 (Chapter 8-24-51) of the Code of West Virginia, which states as follows:
'8-24-51. Board of Zoning Appeals - Creation; membership; terms; vacancies.
As part of the zoning ordinance, the governing body of the municipality shall create a board of zoning appeals consisting of five members to be appointed by the governing body of the municipality.
The members of the board of zoning appeals shall be individuals who are freeholders and residents of the municipality and at least three fifths of such members must have been residents of the municipality for at least ten years preceding the time of their appointment.
No member of the board of zoning appeals shall be a member of the planning commission nor shall any member hold other elective or appointive office in the municipality. Members of the board shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
Upon creation of a board of zoning appeals, the members shall be appointed for the following terms: one for a term of one year; two for a term of two years; and, two for a term of three years. The terms shall expire on the first day of January of the first, second, and third year, respectively, following their appointment. Thereafter, as their terms expire, each new appointment shall be for a term of three years.
If a vacancy occurs, by resignation or otherwise, among the members of the board of zoning appeals, the governing body of the municipality shall appoint a member for the unexpired term.
(b) At its first meeting of each year, the Board shall elect a president, vice-president, and secretary from its membership. The vice chairman shall have the power and authority to act as chairman during the absence or disability of the chairman.
(Ord. 2005-06-02. Passed 3-20-06.)
1379.03 QUORUM AND OFFICIAL ACTION.
A majority of the members of the Board shall constitute a quorum. No action of the Board shall be official, however, unless authorized by a majority of all of the members of the Board.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1379.04 GENERAL PROCEDURES.
(a) The Board shall adopt such rules as shall be necessary to carry out its duties under the terms of the Zoning Ordinance.
(b) The Board shall keep minutes of its proceedings, records of all official actions and shall record the vote on all actions taken. All minutes and records shall be filed in Town Hall and shall be public records.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1379.05 POWERS AND DUTIES.
(a) The Board shall:
(1) Hear and determine appeals from and review any order, requirement, decision or determination made by the Commission or staff charged with the enforcement of the Zoning Ordinance;
(2) Permit and authorize exceptions to the district rules and regulations of the Zoning Ordinance only in the classes of cases or in particular situations, as specified in the Zoning Ordinance;
(3) Hear and decide special exceptions to the terms of the Zoning Ordinance upon which the Board is required to act under the Zoning Ordinance; and
(4) Authorize, upon appeal in specific cases, such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done.
A. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance.
B. Under no circumstances shall the Board grant a variance to allow a land use not permitted under the terms of the Zoning Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the Zoning Ordinance in said district.
C. In exercising its powers and authority, the Board may reverse or affirm, in whole or in part, or may modify the order, requirement, decision or determination appealed from, as in its opinion ought to be done in the premises, and to this end shall have all the powers and authority of the official or body from whom or which the appeal is taken.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1379.06 STAY OF WORK.
When an appeal has been taken and filed with the Board, all proceedings and work on the premises in question shall be stayed, i.e., stopped (by written notice of the planning staff and sent to the property owner by certified mail) unless the staff or Commission from whom or which the appeal was taken shall certify to the Board that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. If such certificate be filed, proceedings or work on the premises shall not be stayed except by a restraining order which may be granted by the Circuit Court of Putnam County, upon application thereof, on notice to the staff or Commission from whom or which the appeal was taken and the owners of the premises affected and on due cause shown.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1379.07 FILING FOR AN APPEAL OF AN ADMINISTRATIVE DECISION.
(a) (1) An appeal taken from any order, requirement, decision or determination made by the staff charged with the enforcement of the Zoning Ordinance shall be filed with the Board on forms prescribed by the staff. The appeal shall specify the reasons for the appeal and shall be made within 30 calendar days of the original action in question unless otherwise prescribed by the Board by general rule and regulation.
(2) The appeal, or application, shall include a list of the property owners' names and addresses located within 100 feet of the affected area, as of record in the office of the Putnam County Assessor. The subject property also shall be included in the affected area. The applicant must also submit the tax map and parcel numbers for the list of properties along with a stamped and addressed envelope for each of the names and address of property owners in the affected area. If the list includes a lot within a subdivision, the applicant must submit the name of the president for that subdivisions homeowners association along with a stamped and addressed envelope for that member.
(b) The staff will publish a legal advertisement describing the request to appear in a local newspaper of general circulation 30 days prior to the scheduled public hearing before the Board. The prepared envelopes notifying the property owners located within 100 feet of the affected property and the president of the homeowners association of an affected subdivision and submitted by the applicant will be mailed at the same time the legal advertisement is submitted to the newspaper for publication.
(c) The Board shall hold a duly scheduled public hearing on the appeal.
(d) If the Board decides to uphold the administrative decision, the administrative decision stands and the petitioner is denied. The petitioner is formally notified by mail by the staff of the right to appeal the decision to Putnam County Circuit Court within thirty (30) days.
(e) If the Board reverses or modifies the administrative decision, the appeal stands as approved by the Board. The petitioner is formally notified in writing by the staff.
(Ord. 2005-06-02. Passed 3-20-06.)
1379.08 FILING PROCEDURE FOR A VARIANCE REQUEST.
(a) A request for a variance from the terms of the Zoning Ordinance shall be filed with the Board on forms prescribed by the staff. The variance request shall specify the reasons for the variance. The variance request, or application, shall include a list of the property owners= names and addresses abutting the affected area, as of record in the office of the Putnam County Assessor, including across streets and alleys. The subject property also shall be included in the affected area. The applicant must also submit the tax map and parcel numbers for the list of properties along with a stamped and addressed envelope for each of the names and address of property owners in the affected area. If the list includes a lot within a subdivision, the applicant must submit the name of the president for that subdivision=s homeowners association along with a stamped and addressed envelope for that member.
(b) The staff will publish a legal advertisement describing the variance request to appear in a local newspaper of general circulation 30 days prior to the scheduled public hearing before the Board. The prepared envelopes submitted by the applicant notifying the property owners abutting the affected property, including across streets and alleys, and the president of the homeowners association of an affected subdivision will be mailed at the same time the legal advertisement is submitted to the newspaper for publication.
(c) The Board shall hold a duly scheduled public hearing on the appeal.
(d) If the Board decides to deny the variance request, the petitioner is formally notified by mail by the staff of the right to appeal the decision to Putnam County Circuit Court within thirty (30) days.
(e) If at any time during the process, the applicant delays more than six (6) months responding to any request, comment, or required step the application and its process will be terminated. If the applicant wishes to proceed with seeking approval for the application, they will be required to start from the beginning.
(Ord. 2005-06-02. Passed 3-20-06.)
1379.09 PUBLIC HEARINGS.
(a) Before deciding any case filed with the Board, the Board shall hold a public hearing. At the hearing, any party may appear in person, by agent or by attorney. The Board shall fix a reasonable time for the hearing and give public notice as follows:
(1) Publication of a Class I legal advertisement (one time) at least 30 days prior to the date of the hearing; and
(2) The posting of a notice of the public hearing on the subject property for a variance request.
(3) Mailing of notices of the hearing at least 15 days prior to the date of the hearing to those parties described below:)
A. In the case of an administrative appeal, mailing of notices to those owners of record of property within the affected area, as defined in Section 1379.07.
B. In the case of an application for a variance, mailing of notices to those owners of record of properties abutting the subject real estate, including across streets and alleys, and to the president of the homeowners association of an affected subdivision.
(4) Both the legal advertisement and the mailed notices discussed in subsection (a) above shall include the time and place of the hearing and the action to be considered.
(5) Notices of public hearings meeting all the requirements of this Section shall be deemed adequate notice.
(Ord. 2005-06-02. Passed 3-20-06.)
1379.10 FEES.
Applications or appeals filed with the Board shall be accompanied by a filing fee as shown in the Administrative Code in Section 135.02 in the staff's office. The purpose of the fee shall be to defray, in part, the expenses connected with each application.
(Ord. 2005-06-02. Passed 3-20-06.)
1379.11 APPEAL OF A DECISION OF THE BOARD.
(a) Any decision or order of the Board shall be subject to review by certiorari.
(b) Any person or persons jointly or severally aggrieved by any decision or order of the Board may present to the Circuit Court of Putnam County a petition duly verified, setting forth that such decision or order is illegal in whole or in part, and specifying the grounds of the alleged illegality. The petition shall be presented to the Court within 30 days after the date of the Board's original decision.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
CODIFIED ORDINANCES OF WINFIELD