(a) The industrial uses defined in this article, including accessory buildings and uses, are permitted in the districts indicated in Section 1331.07 in accordance with the requirements of this Zoning ordinance. (1969 Code §27-34)
(b) No activity involving the storage, utilization or manufacture of materials or product which decompose by detonation shall be permitted unless specifically licensed by Council, and then only in the I 2 District. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal. Such materials shall include, but are not limited to, all primary explosives such as lead, azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, telrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than thirty-five percent (35%) and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.
(c) The restrictions of this section shall not apply to:
(1) The activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line;
(2) The operation of motor vehicles or other facilities for the transportation of personnel, materials or products;
(3) Conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies;
(4) Safety or emergency warning signals or alarms necessary for the protection of life, limb or property;
(5) Processes for which there are no known means of control shall be exempted from these provisions.
Research shall be promptly conducted to discover methods of control leading to installation of corrective equipment. (1969 Code §27-35)
(d) The performance standards applicable to the district in which an operation or facility is located shall be used in determining the compliance or non-compliance of such operation or facility with such standards. (1969 Code §27-33)
(e) “Video lottery or gaming establishment” means an establishment at which any form of gambling of chance is permitted or played, including “video lottery” machines licensed by the West Virginia Lottery Commission pursuant to §29-22B of the West Virginia Code, provided that any such establishment that offers limited video lottery shall not be located within one thousand (1,000) feet of any residential zone, school, church or place of worship, park, community center, or facility, recreation center or facility, public building, public arena or any other similar structure or any other structure which houses an establishment that offers or provides limited video lottery as measured in a straight line from the nearest point of the wall of the establishment offering limited video lottery to the nearest property line of a lot within a residential zone or the nearest property line of any school, church or place of worship, park, community center or facility, recreation center or facility, public building, public arena or any other similar structure or any other structure which houses an establishment that offers or provides limited video lottery. Provided that, nothing in this subsection shall be construed to limit or prohibit charitable organizations from holding charitable bingo or charitable raffles conducted pursuant to the provisions of Articles Twenty and Twenty-One of Chapter Forty-Seven of the West Virginia Code. For purposes of this section, a “place of worship” shall be defined as an institution which qualifies as tax exempt under the provision of 26 U.S.C. §501(c)(3), within which weekly religious services are offered to the congregation and/or the general public.
(Ord. 06-1. Passed 2-2-06.)