PART THIRTEEN - PLANNING AND ZONING CODE
Art. 1305.     Zoning Districts and Regulations.
Art. 1311.     Administration and Enforcement.
Art. 1317.     Nonconforming Uses.
Art. 1323.     Board of Zoning Appeals.
Art. 1329.     Mobile Home Parks.
Art. 1335.     Zoning Map and Amendments.
ARTICLE 1305
Zoning Districts and Regulations
1305.01   Purpose; districts established.
1305.02   Residential districts.
1305.03   Business and residential district.
1305.04   Central Business District.
1305.05   Public School District.
1305.06   Manufacturing Districts.
1305.07   Special permit uses.
 
CROSS REFERENCES
Zoning authority generally - see W. Va. Code 8-24-39
Zoning districts generally - see W. Va. Code 8-24-40
Permitted use for group residential facility - see W. Va.  Code 8-24-50b
1305.01  PURPOSE; DISTRICTS ESTABLISHED.
   (a)   In order to promote the public health, safety, convenience, comfort, prosperity, beauty and general welfare of the residents of the City, the following zoning regulations are hereby established.
   (b)   The City shall be divided into five classes or districts of use zones which shall be as follows.
(1960 Code 7-301, 7-302)
1305.02  RESIDENTIAL DISTRICTS.
   (a)   No buildings or premises within a residential district shall be erected which are intended, arranged or designed for use other than the following specified uses and they shall conform to the minimum standards set forth for each use class.
   (b)   Single family residences together with such other buildings as are ordinarily appurtenant thereto.  No single family residences or dwellings shall be constructed which has less than a net first floor or ground floor area for living quarters of 600 square feet, exclusive of breezeways and attached garages, nor shall it exceed thirty-five feet in height.  No single family residence shall be constructed on a lot having an area of less than 400 square feet and which lot fronts on a public street.  Such lot shall have provisions on the lot for at least one off street parking space.
   (c)   Churches and kindergartens if kindergarten is in connection with the public school or on school grounds, or in connection with a church on church grounds.  "School" when used in this connection shall not include vocational or trade schools for subnormal adults or children and institutions other than those for children required by law to attend primary, secondary and high schools.
   (d)   Multiple family residences.  No multiple family residence or dwelling shall be constructed on a lot having a frontage on a public street of less than fifty feet.  Each dwelling unit of such multiple family residence or dwelling shall have a floor space of not less than 400 square feet and each building shall be erected on a lot having an area of not less than 3,000 square feet per dwelling unit.  There shall be provided on each building lot at least one off street parking space per dwelling unit.  Each dwelling unit shall be equipped with municipal water supply and contain separate toilet facilities.  Each dwelling unit shall also be equipped to contain separate cooking facilities.  "Multiple dwelling unit" or "multiple family residence" as used herein shall not be construed as to include hotels, motels or motor courts.
   (e)   House trailers, auto trailers, mobile homes, motor courts and/or trailer courts shall not be permitted in Residential Districts.
(1960 Code 7-302.1; 12-4-07)
   (f)   Home businesses.  Recognizing that it may be beneficial to the community to allow citizens to maintain an office or shop in their home from which they may go out into the community to work (as in selling real estate, or cosmetics or similar products to neighbors and friends) or to connect with another office location by computer work station and modem, this Council states that it is its intention to recognize new technology and create a business-friendly environment while maintaining the essential residential character of areas zoned residential.  In keeping with that spirit, a home office shall be permitted subject to compliance with all of the following requirements:
      (1)   No business shall be conducted out of a home or other building in an area zoned as a residential district if such business will create a nuisance.  For purposes of this section, “nuisance” means anything which annoys or disturbs the free use of one’s property, or which renders its ordinary use or physical occupation uncomfortable.  A nuisance is anything which interferes with the rights of a citizen, either in person, property, the enjoyment of his property, or his comfort.
      (2)   No signs on any kind shall be posted in the yard of any home business.
      (3)   Signs required by State licensing boards (e.g., real estate brokers) may be placed on the home or in a window so as to be visible from the street provided the sign does not exceed twelve inches by twelve inches in size or other size as required by law.
      (4)   A person conducting a business out of a home office shall comply with all applicable ordinances of the City of Ripley, and Jackson County, and all State and Federal laws and regulations.
      (5)   A person conducting a business out of a home office shall not have deliveries made to nor shall such person distribute out of said location any merchandise requiring delivery by heavy truck traffic.  For the purpose of this section, “heavy truck traffic” means any truck of more than 12,000 pounds gross vehicle weight.
      (6)   Nothing in this section shall be construed to prohibit the delivery of furniture, appliances or construction materials or merchandise of any size or nature whatsoever if said merchandise is to be placed in or on the premises for the use and consumption of the householder and is not for resale or redistribution.  (12-5-95)
1305.03  BUSINESS AND RESIDENTIAL DISTRICT.
   (a)   Within the business and residential district no premises shall be constructed or erected which are intended, arranged or designed for use other than the following specified uses which shall conform to the following minimum standards set forth for each use class.
   (b)   Residential uses as are set forth in Section 1305.02.
   (c)   Office buildings, store buildings, post offices, banks, hospitals, schools, hotels, motels, motor courts, restaurants, bakery shops, theatres, garages, parking lots and other such buildings and businesses as may be permitted by the Planning and Zoning Commission and of which buildings there shall not be permitted unless the exterior walls are constructed of incombustible building materials and unless such building fronts on a public street.  Mobile home camps may be permitted in Business and Residential Districts.
   (d)   No residence, apartment building or other efficiency apartment shall be constructed on the second floor of any building used primarily for business purposes unless the inside measurements of the living area of the unit is at least 400 square feet per unit, and unless each unit shall be provided with separate toilet and separate cooking facilities and is equipped with municipal water supply
(1960 Code 7-302.2)
1305.04  CENTRAL BUSINESS DISTRICT.
   (a)   No buildings or premises shall be constructed or erected within the Central Business District which are intended, arranged or designed for use other than the following specified uses and unless they shall conform to the minimum standards set forth for each use class.
   (b)   Residential uses as set forth in Section 1305.02.
   (c)   Business uses as set forth in Section 1305.03.
   (d)   Buildings constructed in a Central Business District shall be constructed or remodeled only with outside walls of incombustible building materials and of sufficient strength to support two or more stories.
   (e)   The following shall not be built in the Central Business District:  bulk gasoline storage plants, bulk oil or motor storage plants or other explosive gas or liquid storage places for wholesale distribution, billboards, auto wrecking lots or any dangerous or unsightly enterprise.  Salvage yards shall not be permitted in the Central Business District.
(1960 Code 7-302.3)
1305.05  PUBLIC SCHOOL DISTRICT.
   No building or premises shall be constructed or erected within the Public School District which are arranged or designed to be used for any other purpose than for public schools, school athletic fields, stadiums, field houses or other purposes incidental to public schools or other establishments  as approved by the Planning and Zoning Commission.
(1960 Code 7-302.4)
1305.06  MANUFACTURING DISTRICTS.
   No building or premises shall be erected within a Manufacturing District which are intended, arranged or designed for uses other than lumber yards, food canning establishments, planing mills, the manufacturing of wood products, paper manufacturing, building materials manufacturing, metal working, metal and poultry establishments. warehouses, storage places, loading and unloading depots or other establishments approved by the Planning and Zoning Commission.
(1960 Code 7-302.5)
1305.07  SPECIAL PERMIT USES.
   (a)   Intent.  It is the intent of special permit uses to provide for certain uses which shall be permitted only if adequate conditions exist or can be imposed that will make such uses compatible with the purposes of this Ordinance.  The special permit procedure shall provide for some measure of individualized judgment and the imposing of conditions on certain uses in order to make them compatible with permitted principal uses in the applicable zoning district.  It is further intended that the special permit process shall provide a method whereby it can be determined whether or not a use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity.
   (b)   Applicability.  The following uses shall be permitted only as regulated by this section of the Zoning Districts and Regulations Ordinance:
      (1)   Bar or nightclub.  Final approval by City Council required.
      (2)   Liquor store.
      (3)   Restaurant, if serving alcoholic beverages.
      (4)   Establishment at which any form of gambling or game of chance is permitted or played.
      (5)   Adult book store, adult videotape store, adult motion picture theatre or adult entertainment establishment, as the same are defined in this section.
   (c)   Procedures.
      (1)   The Ripley Planning and Zoning Commission, and City Council where specifically provided in this Ordinance, may by special permit authorize any of the uses which are permitted by special permit within this Ordinance.  Such uses shall be subject to all other regulations set forth in this Ordinance, unless the special permit specifically exempts said use from any one or more regulations.  In addition, the Commission, and Council where applicable, may attach reasonable restrictions to any special permit use as it deems necessary to comply with the purposes of this Ordinance.  Existing special permit uses shall not be enlarged,  extended or relocated without first receiving approval of a new special permit.
      (2)   Before the issuance of a special permit, the Commission and Council where specifically provided in this article, shall make a decision regarding the effects of such proposed use upon the character of the neighborhood, public utilities, traffic conditions, fire protection, and other matters pertaining to the public health, safety and general welfare.  Furthermore, the Commission and Council where applicable, shall:
         A.   Make a finding concerning the proposed uses’ conformance with applicable zoning and planning ordinances and regulations;
         B.   Prescribe other restrictions or conditions where deemed necessary to safeguard the public health, safety or general welfare.
      (3)   Three copies of the plot plan of the lot and proposed buildings or uses, drawn to an accurate scale and showing all pertinent information, shall accompany the three copies of the application for a special permit.  Filing requirements, including filing fees, deadlines, and public hearing procedures, shall be as set forth in Articles 1311 and 1323 of this Ordinance.
   (d)   Requirements.  The following uses shall be subject to the restrictions and conditions set forth below, in addition to compliance with applicable zoning and planning ordinances and regulations:
      (1)   Adult bookstore, adult videotape store, adult motion picture theatre, adult entertainment establishment, and establishments where consumption of beer or alcoholic beverages or gambling are permitted on the premises.
         A.   Such uses shall not be located within one thousand (1000) feet of each other.
The Planning Commission may waive this spacing provision for an adult book store, adult videotape store, adult motion picture theater, adult entertainment establishment or establishment where consumption of beer or alcoholic beverages or gambling are permitted on the premises if the following findings are made:
            1.   That the proposed use will not be contrary to the public interest, or adversely affect the value, use or enjoyment or nearby properties, and that the spirit and intent of this Ordinance will be observed.
            2.   That the proposed use will not enlarge or encourage the development of a “red light” or “skid row” area.
            3.   That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program or urban renewal.
            4.   That all applicable regulations of this Ordinance will be observed.
         B.   It shall be unlawful to hereafter establish any adult bookstore, adult videotape store, adult motion picture theater, adult entertainment establishment or establishment where consumption of beer or alcoholic beverages or gambling are permitted on the premises in a Residential District, a Business and Residential District or a Public School District.  It shall be unlawful to hereafter establish any adult bookstore, adult videotape store, adult motion picture theater, adult entertainment establishment or establishment where consumption of beer or alcoholic beverages or gambling are permitted on the premises in a Central Business District or Manufacturing District if the proposed location is within 1000 feet of a Residence District, Business and Residential District, a public school or a Public School District.  This prohibition shall be waived upon the presentation to the Zoning and Planning Commission of a valid petition requesting such waiver, signed by at least fifty-one percent (51%) of those persons owning, residing or doing business within 1000 feet of the proposed location.  The circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon.  The Zoning and Planning Commission shall not consider the waiver of spacing requirements set forth in this subsection until the above described petition shall have been filed with and verified by the Ripley Chief of Police.
         C.   No adult bookstore, adult videotape store, adult motion picture theater, adult entertainment establishment or establishment where consumption of beer or alcoholic beverages or gambling are permitted on the premises shall be located within 1000 feet of a school, park, library or place of worship.
         D.   Advertisements, displays, or other promotional materials, depicting, describing or relating to “specified sexual activities” (as defined in this Ordinance) or “specified anatomical areas” (as defined in this Ordinance) shall not be visible from a public sidewalk or public road.
         E.   If the special permit use relates to an adult bookstore, adult videotape store, adult motion picture theater, or adult entertainment establishment, all doors, windows and other apertures shall be located, covered or screened in such a manner as to prevent viewing the interior of the establishment from a public street or sidewalk.
         F.   In the event that an adult bookstore, adult videotape store, adult motion picture theater, adult entertainment establishment or establishment where consumption of beer or alcoholic beverages or gambling are permitted on the premises is replaced by another type of land use, the adult book store, adult videotape store, adult motion picture theater, adult entertainment establishment or establishment where consumption of beer or alcoholic beverages or gambling are permitted on the premises shall be required to obtain a new special permit before it can be re-established.
         G.   Definitions.
            1.   “Specified sexual activities” shall mean:
               a.   Human genitals in a state of sexual stimulation or arousal; or
               b.   Acts of human masturbation, sexual intercourse or sodomy; or
               c.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
            2.   “Specified anatomical areas” shall mean:
               a.   Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or
               b.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
            3.   “Adult book store” shall mean an establishment having as a substantial or significant portion of its stock in trade books, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined above or an establishment with a segment or section devoted to the sale or display of such material.
            4.   “Adult motion picture theater” shall mean an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
               (1-21-03; 12-4-07)
      (2)   It shall be unlawful to hereafter establish any restaurant where consumption of beer or alcoholic beverages is permitted on the premises in a Central Business District or Manufacturing District if the proposed location is within 300 feet of a Residence District, a school, school property, a School District, a library, place of worship or City park.  Any provisions of Section 1305.07 requiring a restaurant where the consumption of beer or alcoholic beverages is permitted on the premises in a Business District or Manufacturing District to be located more than 300 feet away from the districts and facilities specified herein are hereby repealed. (9-18-07)
   (e)   Revocation of Permit.
      (1)   Any person in possession of a special permit granted under this article found to have permitted one or more violations of State or municipal law to occur at the location of the business for which the special permit has been granted shall be subject to the revocation of said special permit.  Any person in possession of a special permit granted under Part Seven of the City Codified Ordinances found  to have permitted any condition at the location of the business for which the special permit has been granted, which condition constitutes a threat to the health or safety of the public, shall be subject to the revocation of said special permit.
      (2)   Upon written notice by the Mayor of Ripley, provided to the special permit holder by service of the same at the business location, the special permit holder shall appear before the Common Council and show cause why the special permit should not be revoked.  The notice shall advise the special permit holder of the condition or conditions and violation or violations which are alleged to have occurred at the business location.  The special permit holder shall have the right pt present evidence in response to the notice to show cause.
      (3)   If the Common Council should find by a preponderance of the evidence that one or more violations of State or municipal law have occurred at the location of the business for which the special permit has been granted, or that any condition at the location of the business for which the special permit has been granted constitutes a threat to the health and safety of the public, the Common Council shall have the right to revoke the special permit previously issued.  Any action taken by the Common Council to revoke said business special permit shall be subject to appeal to the Circuit Court of Jackson County.  Any such appeal shall be an appeal on the record established in the hearing before the Common Council and shall not be an appeal de novo.
      (4)   All special permits issued by the City of Ripley prior to and after the adoption of this amendment to Section 715.11 shall be subject to revocation under this article.
      (5)   The revocation for any reason of the business license for any business also holding a special use permit shall automatically result in the revocation of the special use permit without further proceedings.
         (1-29-07)