(A) Permitted uses. In any Central Business Zone, the following buildings and uses only are permitted:
(1) All uses permitted in B-1 Local or Neighborhood Business Zones;
(2) Stores and shops for the conducting of any retail business;
(3) Personal service shops;
(4) Banks, offices and studios;
(5) Shops for custom work, and shops for making articles or products to be sold at retail on the premises;
(6) Restaurants, cafes and similar establishments;
(7) Theaters, assembly halls, bowling alleys, amusement centers, golf driving ranges, miniature golf courses, ice rinks, pool and billiard halls (and similar recreational uses) and other public recreation uses;
(8) Retail building materials supply sales (wholesale and retail);
(9) Cultural institutions (such as museums and art galleries);
(10) Community commercial centers (including wholesale and retail sales);
(11) Health and medical institutions (such as hospitals);
(12) Hotels and motels (excluding other residential occupancies);
(13) Commercial printing and publishing;
(14) Taverns and cocktail lounges;
(15) Regional commercial centers (including wholesale and retail sales); and
(16) Other service establishments or retail or wholesale businesses similar in nature to those listed above.
(B) Permitted accessory uses. In any Central Business Zone, the following accessory uses shall be permitted:
(1) All uses permitted in B-1 Local or Neighborhood Business Zone; and
(2) Other accessory uses customarily incidental to a permitted principal use.
(b) Signs, parking areas and buildings may be illuminated providing the use of such illumination does not confuse, blind or distract vehicle operators on the highways or streets.
(C) Prohibited uses. In any Central Business Zone, the following uses and buildings are prohibited:
(1) Except for uses permitted in division (A) above, all uses prohibited in B-1 Local or Neighborhood Business Zones;
(2) Any residential commercial or industrial use, which in the opinion of the Board of Appeals may become noxious or offensive in a B-2 Central Business Zones; and
(3) Gambling establishments.
(a) On and after the effective dates of this division (D)(3) on February, 2010, gambling establishments shall not be located within 3,000 feet of each other; provided that on and after March 3, 2010, gambling establishments shall not be located within 1,000 feet of each other; provided, however, that on and after March 17, 2010, gambling establishments shall not be located within 6,000 feet of each other.
(b) On and after the effective dates of this division (D)(3) on February, 2010, no gambling establishment shall be located within 3,000 feet of any church, place of worship, library, school, community center or publicly owned property designated as a playground, park and under the control of the city; provided, however, that on and after March 17, 2010, no gambling establishment shall be located within 6,000 feet of any church, place of worship, library, school, community center, or publicly owned property designated as a playground, park and under the control of the city.
(c) On and after March 3. 2010, any new gambling establishment not already licensed and in existence in the city shall satisfy the following requirements: it shall be an existing bar or restaurant; it shall have a current business license issued under the authority of § 38.083 of this code of ordinances; and it shall be current and not delinquent in the payment of any municipal fees or taxes.
(d) Upon the annexation into the city of any real property upon which is situated a legally licensed and operating gambling establishment, the use of the property as a gambling establishment, even if a nonconforming use, shall continue until such time as the West Virginia Lottery Commission repeals, withdraws or takes such other action that invalidates the license or licenses required to allow legal gambling to occur at the gambling establishment.
(4) On and after August 8, 2018, rehabilitation center activities, addiction treatment center activities, food distribution center activities, social service activities, secondary social service activities or homeless shelter activities may not be provided at any structure, whether operated as a social services facility, church or similar charity, within 1,000 feet of a school, playground, library, athletic field or park, senior citizen living facility, public swimming pool or city park.
(5) On and after August 8, 2018, structures providing rehabilitation center activities, addiction treatment center activities, food distribution center activities, social service activities, secondary social service activities or homeless shelter activities may not be located within 1,000 feet of each other.
(D) Front yards. In any Central Business Zone, no front yard shall be required.
(E) Side yards. Common wall shall be permitted and no side yards are required.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. 10-2, passed 3-2-2010; Ord. passed 8-7-2018)