(a) Purpose and Scope. It is the purpose of the B-1 District to provide principally for convenience goods sold by smaller establishments servicing adjacent residential areas.
(b) Principal Permitted Uses.
(1) Residential.
A. Single-family, two-family, multi-family dwellings and rooming houses.
B. Planned unit developments
(2) Institutional.
A. Civic, fraternal clubs, and lodges.
B. Churches.
C. Educational institutions, day care and nurseries.
D. Performing art centers.
E. Libraries, museums, art galleries.
F. Public buildings.
G. Nursing houses, senior citizen centers.
(Ord. 0-290. Passed 6-26-84.)
H. Residential care communities pursuant to West Virginia State Code, Chapter 16, Article 5N.
(Ord. 0-1064. Passed 2-11-03.)
(3) Public utility services and substations. Other than those in the public right of way, including buildings.
(4) Commercial. The following commercial uses occupying less than 4,000 square feet of gross floor area:
Apparel stores, retail stores
Art and school supplies, retail stores
Artist, sculptor and composer studios
Bakeries, retail stores
Barber and beauty shops
Bicycles sales, rental, repair
Blueprinting, photocopying and photo finishing
Books, retail sales
Business services, advertising, employment, computers
Candy and confectionery, retail sales
Cameras, photo supplies, retail sales
Catering services
Cigars, cigarettes, tobacco, retail sales
Dairy products, retail sales
Delicatessen
Dressmaking, seamstress
Drugs, retail sales
Dry cleaning and laundry pick-up stations
Eating places
Electrical appliance repair
Florists
Fruit and vegetable markets.
Furniture stores
Gifts and novelties, retail sales
Grocery, meat, fish, retail sales
Hardware and garden supplies, retail sales
Hobby shops, retail sales
Jewelry, retail sales
Lawnmower sales and service
Leather goods, luggage, retail sales
Locksmiths
Mail order catalogue stores, retail sales
Music store
Newspaper substations
Newsstand, retail sales
Offices, except medical offices
Paint, glass and wallpaper, retail sales
Party supplies, retail sales
Personal medical equipment and accessories
Pet sales and supplies, retail sales
Photo studios
Radio and television repair and retail sales
Reading rooms
Shoe stores and shoe repair
Stationery, retail sales
Tailor shops
Variety stores, retail sales
Watch, clock and jewelry repair
Wig shops, retail sales
Other business uses determined by the Zoning Administrator to be of the same general character as the principal permitted uses.
(c) Principal Conditional Uses. When authorized by the Board of Zoning Appeals in accordance with Section 1329.05:
(l) Entertainment: theaters, dance halls, bowling alleys, video arcades, nightclubs and private clubs. (Ord. 0-290. Passed 6-26-84.)
(2) Bars, taverns and private clubs, in conformity with West Virginia Code Chapters 11 and 60.
(Ord. 0-774. Passed 6-13-95.)
(3) Medical offices, clinics and related facilities; doctors, dentists, opticians, etc. (Ord. 0-290. Passed 6-26-84.)
(4) Package liquor, beer and wine carryouts, in conformity with West Virginia Code Chapters 11 and 60. (Ord. 0-774. Passed 6-13-95.)
(5) Automobile service stations.
(6) Car washes.
(7) Dance studios.
(8) Dry cleaning and laundromats, self service.
(9) Other business uses. Other business uses determined by the Board of Zoning Appeals to be of the same general character as the above principal conditional uses.
(10) Commercial establishments specifically enumerated in subsection (b) hereof and this subsection (c), over 4,000 square feet in size.
(d) Accessory Permitted Uses. Any accessory use customarily incidental to a principal permitted use, including the following:
(1) Signs.
(Ord. 0-290. Passed 6-26-84.)
(Ord. 0-774. Passed 6-13-95.)
(e) Requirements. The following requirements shall be observed, except as modified hereinbefore in accordance with the provisions of Article 1361.
(1) Maximum height. Two and one-half stories or thirty-five feet, whichever is less.
(2) Minimum lot area. 5,000 square feet.
(3) Maximum residential density. Same as the R-4 District.
(4) Minimum lot setbacks.
A. Minimum front yard: twenty feet.
B. Minimum side yards:
1. Residential:
Stories | Least Width (Feet) | Sum of Least Width (Feet) |
1 | 5 | 12 |
2 & 2 ½ | 6 | 14 |
2. Nonresidential occupancy:
Stories | Least Width (ft.) | Sum of Least Width (ft.) |
1 & 2 | 5 | 10 |
3 | 8 | 16 |
over 3 | 10 | 20 |
3. Side yard, corner lot: A side yard along the side street line of a corner lot shall have a width of not less than one-half the depth of the required minimum front yard.
4. Front and side yard increase for length of building. The front yard shall be increased above the minimum by one foot for each ten feet by which the length of the building wall abutting such front yard exceeds sixty feet. The side yard shall be increased above the minimum by one foot for each ten feet by which the length of the building wall abutting such side yard exceeds sixty feet.
(Ord. 0-988. Passed 5-22-01.)
C. Minimum rear yard:
1. Residential: twenty-five feet.
2. Nonresidential occupancy: under two stories, ten feet.
Two stories or more, twenty feet plus an additional five feet per story or fraction thereof.
(5) Off street parking and loading. As required by Article 1363.
(f) Expansion of Commercial Uses. Notwithstanding the provisions of Article 1365, any structure devoted to a commercial use in a B-1 District as of July 1, 1984, irrespective of whether such use is permitted, conditional or excluded, may be expanded, provided that no such expansion may cause the total floor area of any structure to be expanded to an extent greater than fifty percent (50%) of the total gross floor area of such structure as of July 1, 1984. No building permit for any such expansion may be granted until the applicant submits satisfactory evidence reflecting the total gross floor area of the structure as of July 1, 1984.
(g) Performance Standards.
(1) Production for sale at retail. No products shall be produced on the premises except those sold in retail on the premises where produced.
(2) Nonobjectionable uses. No processes and equipment shall be employed or goods sold which are objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water- carried waste, as defined by City, State and Federal laws.
(3) All businesses shall be of retail or service character, directly selling to or performing services for the ultimate customer.
(4) All uses not located within a fully enclosed building or structure shall be enclosed by a solid wall, solid fence or dense living hedge. Such wall, fence or hedge shall not be less than five feet in height. This shall not apply to:
A. Off-street parking and loading;
B. Parks and playgrounds;
C. The dispensing of fuel at automobile service stations;
D. Car washes.
(5) Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any residential property.
(6) Automobile service stations shall be limited to the selling and dispensing of petroleum fuel and to accessory uses including the sale of food products and automobile accessories and supplies. Service work shall be limited to minor repairs, incidental washing and polishing and tune ups and shall not include body work. No outside storage of wrecked or dismantled vehicles, parts or accessories shall be permitted. No storage or rental of utility trailers, trucks or passenger vehicles shall be permitted. The entire operation of an automobile service station except the sale and dispensing of petroleum fuel, shall be within an enclosed building.
(Ord. 0-290 Passed 6-26-84.)