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(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)
GENERAL PROVISIONS
(A) General. There shall be provided at the time of erection of any main building or at the time such buildings are altered, enlarged, converted or increased in capacity minimum off-street parking space with adequate provision for ingress and egress by standard-sized vehicles in accordance with the requirements of this chapter.
(B) Parking space requirements.
(1) Required number. The off-street parking spaces required for each use permitted by this chapter shall not be less than that found in table below, provided that any fractional parking space be computed as a whole space. Every business, commercial facility and industrial facility, to the extent permitted by the physical characteristics of the facility and the surrounding property, shall provide for safe and proper ingress to and egress from the facility for delivery vehicles. Every newly constructed business, commercial facility and industrial facility shall provide for safe and proper ingress to and egress from the facility for delivery vehicles.
Off-Street Parking Schedule | |
Use | Parking Spaces |
Off-Street Parking Schedule | |
Use | Parking Spaces |
Assembly, churches, auditorium | 1/each 5 seats plus 1 for every 3 employees |
Automobile and trailer sales facility | 1 for each 3 employees |
Automobile repair and body shop | 2/each work/repair bay + 1 for each 3 employees |
Bed and breakfast | 1/guest room plus 2/owner-occupant |
Dwelling units | 2/DU |
Funeral homes | 100 |
Health club | 1/100 gross square feet |
Hotels/motels | 1/guest room plus 1/500 square feet of common area |
Industry | 1/400 square feet |
Medical office | 1/200 gross square feet plus 1 for each doctor and 1 for each 2 employees including nurses |
Office | 1/300 gross square feet |
Restaurant | 1/each 4 seats |
Retail | 1/200 gross square feet plus 1 for every 3 employees |
Schools | 1/3.5 seats in class rooms plus 1/faculty member/employee |
Warehouse | 1/500 gross square feet |
(2) Combination of uses. Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use.
(3) Location of lot. The parking spaces required by this chapter shall be provided on the same lot as the use or where the exclusive use of such is provided on another lot not more than 500 feet radially from the subject lot within the same or less-restrictive zoning district.
(C) Parking space dimension.
(1) Width. A minimum width of nine feet shall be provided for each parking space; provided, that the following exceptions shall apply:
(a) Parking spaces for compact vehicles shall be permitted to be eight feet wide;
(b) Parallel parking spaces shall be permitted to be eight feet wide; and
(c) The width of a parking space shall be increased ten inches for obstructions located on either side of the space within 14 feet of the access aisle.
(2) Length. A minimum length of 20 feet shall be provided for each parking space; provided, that the following exceptions shall apply:
(a) Compact parking spaces shall be permitted to be 18 feet in length; and
(b) Parallel parking spaces shall be a minimum 22 feet in length.
(D) Design of parking facilities.
(1) Driveway width. Every parking facility shall be provided with one or more access driveways, the width of which shall be the following:
(a) Private driveways at least nine feet;
(b) Commercial driveways:
1. Twelve feet for one-way enter/exit; and
2. Twenty-four feet for two-way enter/exit.
(2) Driveway and ramp slopes. The maximum slope of any driveway or ramp shall not exceed 20%; provided, that the restriction that the maximum slope of any driveway or ramp shall not exceed 20% shall not apply to private driveways used for single family residential structures. Transition slopes in driveways and ramps shall be provided in accordance with the standards set by the Code Official.
(3) Parking space accessibility. Each required parking space shall be individually and easily accessible.
(4) Compact to standard space ratio. The maximum ratio of compact spaces to standard spaces in any parking area shall not exceed one to two.
(5) Striping. All hard surface parking spaces installed after the enactment of this chapter shall be striped, except a private garage or parking area for the exclusive use of a single-family dwelling is not subject to this requirement.
(6) Lighting. All lights illuminating a parking area shall be designed and located so as to reflect away from any street and adjacent property.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 5-16-2023)
(A) General. Notwithstanding any other provisions of this chapter, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard; provided, that, no fence, wall or hedge shall exceed the height stated in the table below; provided, however, that a wall that does not exceed three feet in height is not classified as a retaining wall.
Maximum Fence Heights | |
Yards | Height (Feet) |
Front | 4 |
Lot side | 6 |
Rear | 6 |
Street side | 4 |
(B) Privacy fences. A privacy fence may not interfere with the line of sight at an angle of 90 degrees from the front door of the primary structure on the adjoining lot, and may not exceed a height of six feet; provided, that, a privacy fence may be eight feet in height if the top two feet of the fence does not interfere with the free flow of air through the fenced enclosure.
(C) Sight line (visibility at intersections). All fences, walls, hedges, screens, signs and other structures or plantings shall be set back from a corner a sufficient distance so as to not create an unsafe condition for purposes of automobile traffic. No fence, wall, hedge, screen, sign or other structure or planting shall be higher than three and one-half feet in any district within the triangle area (sight triangle) formed by the intersection of the centerline of each street; the line measured along each center line will be 100 feet along major streets and 80 feet on minor streets. When a major and a minor street intersect, each shall retain their respective footage requirements along the centerline to form the sight triangle. Trees may be planted in this triangle area provided the lowest foliage is eight feet or higher from the ground.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 5-16-2023)
(A) General. Accessory buildings shall occupy the same lot as the main use or building.
(B) Separation from main building. Any accessory building 150 square feet or greater in size or that has any utility service installed shall be separated from the main building by ten feet and shall also be in compliance with all setback requirements; provided, that any accessory building less than 150 square feet in size that is used for storage or other similar use shall be permitted to be located in any portion of the rear yard or side yard. No storage building shall be located in the front yard.
(C) Private garages. An accessory building used as a private garage shall be permitted to be located in the rear yard or side yard provided that setbacks are maintained and the structures do not encroach into any recorded easements. The building shall be permitted to be located in the front yard of a sloping lot if the lot has more than a ten-foot difference in elevation from midpoint of the front lot line to a point 50 feet away midway between the side lot lines.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
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