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(A) Permitted uses. In any Local or Neighborhood Business Zone, the use of land and buildings shall be limited to any neighborhood retail business or service establishment, supplying commodities or performing services intended primarily for residents of the surrounding neighborhood, such as:
(1) Barber or beauty shop;
(2) Business or professional office;
(3) Clothes cleaning or laundry pick up station;
(4) Self-service laundry;
(5) Delicatessen;
(6) Drug store;
(7) Grocery store;
(8) Meat market;
(9) Convenience and neighborhood commercial centers (excluding wholesale sales);
(10) Family and group day care;
(11) Libraries;
(12) Places of worship;
(13) Police and fire stations, and other government services;
(14) Bed and breakfast facility; and
(15) Similar activities.
(B) Along state and federal highways.
(1) Along state or federal highways, the above permissive uses may be permitted but shall not be limited to supplying commodities or performing services for residents of the neighborhood;
(2) Other permitted uses along state and federal highways, such as:
(a) Antique or gift shop;
(b) Gasoline service stations;
(c) Automobile sales;
(d) Automobile service garages, see the table in § 152.026 of this chapter for required vehicle parking;
(e) Automobile or trailer sales lot;
(f) Commercial parking lot;
(g) Drive-in eating or drinking establishment;
(h) Motel and hotel;
(i) Tourist home; and
(j) Similar businesses.
(3) Automobile body repair shops, but see the table in § 152.026 of this chapter for required vehicle parking;
(4) Mortuary and funeral homes;
(5) Public utility stations;
(6) Restaurants;
(7) Business or financial services;
(8) Light commercial (excluding wholesale sales);
(9) Group care facilities;
(10) Physical fitness centers;
(11) Cultural and fraternal activities;
(12) Rehabilitation centers;
(13) Schools and colleges operated for profit (including commercial);
(14) Vocational and trade schools;
(15) Self-storage warehouses;
(16) Commercial printing and publishing; and
(17) Similar businesses.
(C) Permitted accessory uses. In Local or Neighborhood Business Zones, including those along state and federal highways, the following accessory buildings and uses shall be permitted:
(1) Accessory parking areas;
(2) Other accessory uses customarily incidental to a principal permitted use, including signs attached flat against a building, and elevated signs not exceeding 50 square feet in area per face, provided that these are at least 15 feet from any street right-of-way; and
(3) On and after February 1, 2019, residential townhouses and apartments that are a use that is accessory to a permitted use in divisions (A) or (B) above; provided, that such uses meet all requirements for a habitable dwelling.
(D) Prohibited uses.
(1) Any residential or industrial use except that which is clearly necessary for and incidental to the conduct of a permitted retail business or service of the premises or authorized by division (C)(3) above;
(2) Gambling establishments.
(a) On and after the effective dates of this division (D)(2) on February 2, 2010, gambling establishments shall not be located within 3,000 feet of each other; provided, that on and after May 5, 2021, gambling establishments shall not be located within 6,000 feet of each other.
(b) On and after the effective dates of this division (D)(2) on February 2, 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, that on and after May 5, 2021, 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 May 5. 2021. 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 state’s 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.
(3) 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.
(4) 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.
(E) Lot areas. In any Local or Neighborhood Business Zone, no lot shall be less than 7,200 square feet.
(F) Lot widths. In any Local or Neighborhood Business Zone, no lot shall be less than 50 feet in width.
(G) Front yards. In any Local or Neighborhood Business Zone, no lot shall have a front yard of less than 20 feet.
(H) Side yards. In any Local or Neighborhood Business Zone, common walls shall be permitted and no side yards shall be required; provided, that where a nonresidential use abuts a residential district, residential requirements must be observed where the property abuts.
(I) Rear yards. In Local or Neighborhood Business Zone, rear yards shall not be less than 20 feet in width.
(J) Building height. In any Local or Neighborhood Business Zone, no building or structure shall exceed three stories.
(K) Off-street parking and loading requirements. In any Local or Neighborhood Business Zone, off-street parking and loading requirements shall be scheduled according to the provisions of the table in § 152.130.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. 10-2, passed 3-2-2010; Ord. passed 8-7-2018; Ord. passed 1-15-2019; Ord. passed 5-4-2021)
(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)
HEAVY COMMERCIAL ZONE
(A) Permissive uses. In any C-1 Heavy Commercial Zone, the following buildings and uses are permitted:
(1) Wholesale business, warehouses, storage areas and self-storage warehouses;
(2) Wholesale building material sales, not including stone crushing and concrete mixing;
(3) Distribution plants, parcel delivery hubs, ice and cold storage plants and locker service, and beverage distributors and bottling plants;
(4) Cleaning and dyeing works;
(5) Major garage, including gasoline service station and automobile body repair;
(6) Major automotive repair;
(7) Industrial bakeries;
(8) Plastic products design;
(9) Molding and assembly;
(10) Small metal products design;
(11) Casting;
(12) Fabricating and processing;
(13) Manufacturing and finishing;
(14) Storage yards; and
(15) Wood products manufacture and finishing but not including hand crafted items.
(B) Permitted accessory uses. In any C-1 Heavy Commercial Zone, the following accessory buildings and uses shall be permitted:
(1) Accessory parking areas;
(2) Other accessory uses customarily incidental to a permitted principal use; and
(C) Prohibited uses.
(1) Any residential, commercial or industrial use which, in the opinion of the Board of Appeals, may become offensive or noxious in a C-1 Heavy Commercial Zone.
(2) 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.
(3) 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) Lot widths. In any Heavy Commercial Zone no lot shall be less than 50 feet
(E) Front yards. In any Heavy Commercial Zone, no front yard shall be less than 15 feet on major streets. A ten-foot front yard shall be required on minor streets. Major and minor streets shall be identified as shown on the major thoroughfare plan.
(F) Side yards. In any Heavy Commercial Zone; side yards shall be subject to the same provisions as specified B-1 Local or Neighborhood Business Zones.
(G) Rear yards. In any Heavy Commercial Zone rear yards shall be subject to the same provision as specified for B-2 Central Business Zones.
(H) Building height. In any Heavy Commercial Zone, building heights shall be subject to the same provisions as specified for B-2 Central Business Zones.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 8-7-2018)
INDUSTRIAL ZONE
(A) Permitted uses. In any I-1 Light Industrial Zone, the following buildings and uses only are permitted:
(1) All uses permitted in C-1 Heavy Commercial Zone;
(2) Activities of an industrial nature are permitted except uses or industrial processes that may be noxious or injurious by reason of the production of emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substance conditions. Any use may be permitted if approved by the Board of Appeals and subject to such conditions, restrictions and safe guards as may be deemed necessary by such Board;
(3) Junk yards or automobile wrecking yards, scrap iron, scrap paper or rag storage, sorting or hailing, provided that such enterprises are conducted within a building or entirely within enclosure or fence of a type which will conceal from public view; and
(4) Sewage disposal plant, when operated by the municipality, all operations and storage.
(B) Permitted accessory uses. In any I-1 Light Industrial Zone, the following accessory buildings and uses shall be permitted:
(1) All uses permitted in a C-1 Heavy Commercial Zone; and
(2) Other accessory uses customarily incidental to a permitted principal use including signs; provided, that the provisions for the erection of signs in B-1 and B-2 Zones shall apply in a I-1 Light Industrial Zone.
(C) Prohibited uses.
(1) Any residential, commercial or industrial use, which in the opinion of the Board of Appeals may become offensive or noxious in an I-1 Light Industrial Zone;
(2) 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; and
(3) 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) Lot areas. In any I-1 Light Industrial Zone, no lot shall be less than 10,000 square feet
(E) Lot widths. In any I-1 Light Industrial Zone, no lot shall be less than 100 feet in width.
(F) Front yards. In any I-1 Light Industrial Zone, no front yard shall be less than 25 feet.
(G) Side yards. In any I-1 Light Industrial Zone, side yards shall be subject to the same provisions as specified for C-1 Heavy Commercial Zones.
(H) Rear yards. In any I-1 Light Industrial Zone, rear yards shall be subject to the same provisions as specified for C-1 Heavy Commercial Zones.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 8-7-2018)
DESTINATION TOURISM ZONE
(A) Permissive uses. In any Destination Tourism Zone, the buildings and uses permitted include, but are not limited to the following:
(1) Restaurants;
(2) Hotels and motels;
(3) Live entertainment (but not including adult entertainment);
(4) Multiplex theaters;
(5) Family entertainment centers;
(6) Concert halls;
(7) Interactive games;
(8) Amusement attractions;
(9) Cultural and leisure time activities;
(10) West Virginia Lottery table games;
(11) West Virginia Lottery video lottery games;
(12) Dog racing;
(13) Pari-mutuel wagering;
(14) Retail stores;
(15) Private clubs;
(16) Sporting events;
(17) Marina;
(18) Heliport;
(19) Convention centers; and
(20) Police, fire and ambulance facilities.
(B) Permitted accessory uses. In any Destination Tourism Zone, the following accessory buildings and uses shall be permitted:
(1) Accessory parking; and
(2) Other accessory uses customarily incidental to a principal permitted use, including signs attached flat against a building; and elevated signs not exceeding 80 square feet in area per face; provided, that these elevated signs are at least 15 feet from any street right-of-way.
(C) Prohibited uses.
(1) Any residential or industrial use except that which is clearly necessary for and incidental to the conduct of a permitted business or service of the premises;
(2) 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; and
(3) 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) Lot areas. In any Destination Tourism Zone, no lot shall be less than 20,000 square feet.
(E) Lot widths. In any Destination Tourism Zone, there is no minimum lot width.
(F) Front yards. In any Destination Tourism Zone, there is no front yard required.
(G) Side yards. In any Destination Tourism Zone, there is no side yard required.
(H) Rear yards. In any Destination Tourism Zone, there is no rear yard required.
(I) Building height. In any Destination Tourism Zone, no building shall be greater in height than the level of fire protection that can be provided through a combination of engineering and construction technology and the fire protection capabilities of the city.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 8-7-2018)
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