STATEMENT OF LEGISLATIVE INTENT
The C-1 Downtown Historic/Commercial District is established to preserve and enhance commercial, financial, retail and similar activities and services of importance to the existing Central Business District and the community. Higher land values, space limitations, and public convenience justify greater intensity of use.
(a) Principal Permitted Uses.
(1) Business service:
A. Bank
B. Office
C. Postal station
D. Lending institutions
E. Printing or engraving
F. Accounting
G. Duplicating
H. Employment agency
I. Blueprinting
(2) Clothing service provided all materials are stored and all shop work is done within a building using only materials safe from fire and health hazards:
A. Laundromats
B. Dyeing and cleaning establishment
C. Shops for the delivery or picking up of laundry or dry cleaning and pressing
D. Dressmaking, tailoring, millinery, shoe repairing and other similar businesses
(3) Equipment service provided all materials are stored and all shop work is done within a building:
A. Radio or television repair and/or sales
B. Household appliance, bicycle and other similar use repair and/or sales
C. Upholstery shop, not involving furniture manufacturing
(4) Food service:
A. Grocery, meat market, supermarket
B. Bakery
C. Restaurant or coffee shop, without ABC or beer license, provided that the serving of food or beverages shall not be permitted to patrons waiting in parked automobiles
D. Delicatessen
E. Catering shop
(5) Personal service:
A. Barber shop, beauty shop, reducing salon, tanning salon
B. Photographic studios
C. Animal hospital, veterinarian, pet grooming salon, excluding kennel or pet boarding facilities
D. Automotive and small internal combustion engine service such as filling stations, repair shops, commercial garages, and/or parking lot, sales room open automobile, truck and equipment sales and/or repair.
Provided all materials are stored and all work is done within the building.
E. Painting, plumbing, carpentry or tinsmithing shops
(6) Retail service:
A. Drug stores
B. Haberdasher, stationer, news dealer, apparel shop, flower shop or similar retail service shop.
Provided all materials are stored inside.
C. Automobile sales
D. Hardware
Provided all materials are stored within a building with at least three sides permanently enclosed, except for necessary fire doors. When such use is adjacent to or faces a residential area, whenever possible a permanently enclosed side of any building will face the residential area.
(7) Commercial recreational uses: Conducted only with building so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building.
A. Theater
B. Bowling lanes
C. Dancing academy or music instruction schools
D. Roller Skating Rink
(8) Private club without ABC license, lodge, membership associations and corporations
(9) Wholesale business with a total floor area not exceeding 20,000 square feet
(10) Signs and advertising billboards as long as they conform to Section 1317.04.
(b) Permitted Special or Conditional Uses. The conditional or special uses enumerated below may be permitted in C-1 Downtown Historic/Commercial District. Persons desiring to establish one of the conditional or special uses enumerated must petition or make written application to the Board of Zoning Appeals. The Board of Zoning Appeals has the authority to approve or grant a special use permit upon a finding that compliance exists with all general and specific restrictions and conditions set forth in Article 1307 Board of Zoning Appeals and Article 1315 Conditional Uses of the Zoning Ordinance.
(1) Joint occupancy uses
(2) Undertaking establishment
(3) Individual or mini storage facility1
(Ord. 310. Passed 9-16-96.)
(4) Single family dwellings (Ord. 446. Passed 10-21-19.)
(5) Food service establishments to include the use of a West Virginia ABCA Class A license with the following restrictions and parameters:
A. The establishment’s primary business is that of food service and not the sale of alcohol (i.e. restaurants are permitted, bars are not.) Food and non-alcoholic beverages must comprise a minimum of sixty percent (60%) of total gross sales of all food and drink items in any calendar month.
B. The sale of ABCA regulated beverages is for on-premise consumption only and is not available for take-out or delivery.
C. The conditional use permit granted herein is predicated by the obtaining of a West Virginia Class A license and such permit will immediately be revoked upon loss of, lapse of, or suspension of the permitted establishment’s ABCA license. The permitted use shall only be reestablished by a new application process to the City of Mannington.
D. The conditional use permit granted herein shall be reviewed and renewed at an interval of no less than every two (2) years. The renewal process shall be initiated by the grantee. Failure to renew will result in the expiration of the permitted use and the revocation of the benefits granted therein.
(Ord. 458. Passed 1-4-21.)
(6) Commercial entertainment and gaming use that consists of allowing patrons to participate in activities that are licensed and overseen by the West Virginia Lottery. Such establishments may only operate under a valid Class "A" Private Club or Nonintoxicating Beer (Tavern) License from the WV Alcohol Beverage Control Administration (ABCA).
A. Such establishments may also function as a restaurant given that all ordinances pertaining to restaurants/food services are followed.
B. The sale of ABCA regulated beverages is for on-premises consumptions only and is not available for take-out or delivery.
C. The conditional use permit granted herein shall be reviewed and renewed every two (2) years. The renewal process shall be initiated by the grantee. Failure to renew will result in the expiration of the permitted use and the revocation of the benefits granted therein.
(Ord. 470. Passed 5-16-22.)
1 Per City of Mannington, Ordinance No. 333, executed 16 November 1998