When a conditional use permit is required, the following uses shall be subject to their respective restrictions and conditions presented below, in addition to compliance with applicable district regulations:
(a) Adult Entertainment Uses - Adult book store, adult videotape store, adult motion picture theater, adult entertainment establishment:
(1) Such uses shall not be located within one thousand (1,000) feet of each other.
(2) No adult entertainment use shall be located within one thousand (1,000) feet of a residential residence, school, park, library, public building or place of worship.
(3) Advertisements, displays or other promotional materials depicting, describing or relating to sexual activities or anatomical areas shall not be visible from a public road.
(4) All doors, windows and other apertures shall be located, covered or screened in such a manner as to prevent viewing the interior of such an establishment from a public street or sidewalk.
(5) In the event that the adult entertainment use is abandoned, it shall be required to obtain a new conditional use permit before it can be reestablished.
(b) Automotive Service Stations. Free standing automotive service stations and other permitted uses that also provide for the sale of gasoline.
(1) Minimum lot size shall be 7,500 square feet.
(2) A site plan shall be filed with the application showing the location of all buildings, tanks, service pumps and driveways, together with all measurements necessary to show compliance with the following standards:
A. Service pumps shall not be located within twenty-five (25) feet of any buildings occupied as a residence or for church, school or other institutional purposes.
B. Service pumps shall not be located within fifteen (15) feet of the right-of-way line of any street.
(c) Automobile salvage, outdoor storage and junk yards may not be located nearer than 200 feet to a residential zone; must be enclosed by a solid fence at least eight (8) feet in height; no advertisement shall be permitted thereon and must be kept in good order and repair at all times.
(d) Bed and Breakfasts. When three or more rooms are offered per site for public accommodations, the establishment shall be owner-occupied and refuse collection and storage areas shall be screened and should be accessible by trucks, yet located where they will not disturb adjacent properties.
(e) Child Care Center. The County Health Department shall approve the proposed plans. The use shall not constitute a nuisance of traffic, number of children being cared for, noise, or types of physical activity.
(f) Home Occupations.
(1) Home occupations shall occupy less than fifty percent (50%) of the total floor area of the dwelling unit and in no event occupy more than 700 square feet of floor area.
(2) Home occupations shall only be permitted to sell on the premises articles incidental to the home occupation. There shall be no exterior displays nor shall any materials or products be stored outside of a principal or accessory building.
(3) No home occupation is permitted to produce offensive noise, vibration, dust, odors, heat, glare or other objectionable effects.
(g) Manufactured Home Rental Community. The standards shall comply with the standards of the zoning district and the Mobile Home Park Regulations of the West Virginia State Board of Health.
(Ord. 310. Passed 9-16-96.)
(Ord. 310. Passed 9-16-96.)
(h) Historically Established Business Locations. Businesses may be established within zones that would normally preclude a business-related endeavor if the applicant business is to occupy a location that historically supported business establishments. An example would be the use of a storefront already established within a residential zone. As this is a conditional use, and must be approved on a case-by-case basis by the Mannington Planning Commission, the following guidelines shall be followed:
(1) The nature of the business will not be destructive or detrimental to the intent of the zone in which the business will operate.
(2) No business type will be established in a zone that will cause undo burden on locations in, or around, the location.
(3) Positive consideration will be made for the reuse of existing, historical store frontage and locations.
(4) Signage and advertising will be limited to Wall Sign, Awning Sign and Projection Sign types only and will be compliant with all other relevant City Code, Section pertaining to signs.
Because of the establishment of a business location within a non-business zone, a conditionally approved business will reapply for a conditional permit on a semi-annual (every two years) basis to review compliance and appropriate use.
(Ord. 445. Passed 10-21-19.)
(i) Single Family Dwellings. An individual may wish to establish a single-family dwelling within zones intended for nonresidential structures and activities. To support an individual in allowing such a use, an individual may apply for a conditional use permit to allow for the establishment of an otherwise unallowed single-family dwelling. This conditional use may be granted given the following conditions:
(1) The establishment of a residence does not detrimentally impact the intent of the zone in which it is, or is to be, established.
(2) The individual occupant(s) of the residence does not have current or future grounds or influence to provide basis for modifying the zoning ordinance of the occupied zone that would provide advantage to the conditional use granted herein.
(3) The applicant will follow all Space, Bulk and Yard regulations for R-1 (See Section 1313.09(a)).
As this is a conditional use, it must be approved on a case-by-case basis by the Mannington Planning Commission. The applicant will submit a conditional use application to the City. The conditional use permit, if so granted, will be in effect until such time that the residence becomes unoccupied for a period of six (6) months for any reason, at which time the permit will be considered expired and zoning reverts to that of the base zone. This period does not include the time period of the initial construction, unless said construction exceeds a period of one (1) year from the grant of the initial permit. Exceeding this time will result in a new application process. (Ord. 446. Passed 10-21-19.)