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Wheeling Overview
Codified Ordinances of Wheeling, WV
CODIFIED ORDINANCES OF THE CITY OF WHEELING, WEST VIRGINIA
CERTIFICATION
ROSTER OF OFFICIALS
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
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1355.07 LANDSCAPING PLAN SUBMISSION REQUIREMENTS.
   Landscaping plans shall be included with the preliminary site plan and final site plan submissions and shall consist of the following:
   (a)   Preliminary site plan.
      (1)   A general concept of the landscaping, both in written and graphic form.
      (2)   A list of existing vegetation, with the location, type, and size of existing trees.
      (3)   Proposals to preserve and protect existing vegetation during and after construction.
      (4)   The location of existing natural features, such as streams, wetlands, and rock outcroppings.
   (b)   Final landscaping plan.
      (1)   All proposed physical improvements, such as buildings, walls, parking areas, sidewalks, etc.
      (2)   Proposed landscaping materials, including vegetation to remain, types of new plant materials, identified by common name and botanical name, sizes of all new plant materials by height and/or diameter, quantities of each of the planting materials, and treatment of the ground surface (paving, seeding, or groundcover).
   (c)   Methods for controlling erosion and protecting landscaped areas.
   (d)   A drainage and grading plan. Any off-street parking area and off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses. Such plan shall provide for stormwater and surface water collection, and oil separators within the drainage basins.
   (e)   An irrigation plan or location of water outlets.
1355.08 EXTERIOR LIGHTING.
   (a)   All exterior lighting in all districts except for R-1A, R-1B, R-1C, and R-2 and in connection with all nonresidential uses and multi-family uses in all other residential districts shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street. “Source of light” shall be deemed to include any transparent or translucent lighting which is an integral part of the lighting fixture(s). Site illumination for uncovered areas shall be evenly distributed.
   (b)   Light sources shall comply with the following:
      (1)   The number and spacing of required light pole standards in a parking lot shall be determined based on the type of fixture, height of pole, number of fixtures on the pole, and the desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered evenly distributed if the light fixtures are placed at intervals that equal four times the mounting height.
      (2)   Pole placement, mounting height, and fixture design shall serve to minimize lighting from becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets.
      (3)   Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish.
      (4)   Poles in pedestrian areas shall not be greater than 15 feet in height and shall utilize underground wiring.
      (5)   Poles in all other areas shall not exceed 25 feet in height, and shall utilize underground wiring.
      (6)   Light sources on structures shall not exceed 25 feet, or the height of the structure, whichever is less.
      (7)   Safe pole locations: Breakaway poles shall not be used in parking lots. Poles shall not be erected along the outside of roadway and ramp curves or where vehicles must make sharp turns. Poles shall not be located where they might be susceptible to collision strikes. Poles located behind longitudinal traffic barriers shall be offset sufficiently to allow for barrier deflection under impact.
      (8)   Pole location in parking lots: Pole locations shall be coordinated with stall and aisle layouts. Where practical, poles shall be near the end of parking rows or around the perimeter of the lot. When located at parking stall boundaries, light poles shall be mounted on concrete pedestals. Where raised medians or islands are used to separate adjacent stalls, light poles shall be placed in these areas unless pedestrian traffic will be inconvenienced. Where light poles are placed between parking rows in the interior of the lot, the poles shall be located on the center line of double rows of parking stalls and on the center line of two opposing stalls and shall not be placed on the stall line between cars where fender damage might occur.
1355.09 JOINT OR SHARED PARKING.
   (a)   The number of required off-street parking spaces may be eliminated or reduced if there exists within 500 feet of the church, synagogue or house of worship, public or private parking lots containing a sufficient number of off-street parking spaces to satisfy the requirements of this section. The church, synagogue or house of worship shall provide the difference if the number of parking spaces in the private or public lots is below the number required. Any spaces provided in public or private lots shall be shown to be available for worshippers on the day or days of greatest use. A written agreement between the owner of the parking lot and the church, synagogue or house of worship shall be provided to the Planning Commission.
   (b)   Recognizing that land uses can have different principal operating hours, the Planning Administrator may approve joint or shared parking when the nature of the parking demands of two types of uses warrants consideration. Up to fifty percent of the off-street parking spaces required by this section may be supplied in connection with another permitted use in close proximity that is not normally open, used or operated during the principal operating hours of the second use. A letter to the Planning Administrator is required establishing the rights of each use in question to the use of such joint parking area so long as such use exists and is filed with the certificate of Zoning Compliance.
1355.10 MINIMUM NUMBER OF REQUIRED PARKING SPACES PER USE.
   (a)   Off-street parking spaces for principal and accessory uses shall be provided as per Table 9-A below.
   (b)   Where there is more than one use on a site, the number of required off-street parking spaces shall be the sum of required parking spaces for each use.
   (c)   The basis for floor area formulas in Table 9-A shall be gross floor area. The basis for seating capacity formulas or space-per-person formulas in Table 9-A shall be the maximum allowed occupancy of each separate proposed use.
TABLE 9-A
OFF-STREET PARKING REQUIREMENTS
Use
Recommended Requirements
RESIDENTIAL
Single family
2 spaces per d.u.
Two family
1.5 spaces per d.u.
Multi-family residential, including dormitories
1.5 spaces per d/u or dormitory room
Senior Citizen Housing
Assisted living: 0.33 per bed
Congregate care: 0.5 per d.u.
Accessory dwelling unit
1 space per d.u.
COMMERCIAL
Retail sales and service establishment; Personal service establishment
1 space/250 ft. gfa
Wholesale establishments or warehouses
1 space/400 ft. gfa
Offices and office buildings (includes medical, dental, and non- medical and non-dental)
1 space/250 ft. gfa
Industrial uses: manufacturing, processing, creating, repairing, cleaning, painting, and assembling of goods
1 space/400 ft. gfa
Motor vehicle sales, service, repair, body work
1 space/400 ft. gfa
Eating and drinking establishments
1 space/100 ft. gfa
Funeral home
1 space/250 ft. gfa
Hotel, motel
1 space per guest room plus 1 space for every 3 seats in non-sleeping areas, based on allowed maximum occupancy.
Bed and breakfast
1 space per bedroom
Use
Recommended Requirements
INSTITUTIONAL
Schools – elementary and junior high
2 spaces for each classroom and administrative office
High schools
2 spaces for each classroom and administrative office plus 1 space for every 10 students
Trade or vocational
5 spaces per classroom schools other than high schools
Colleges, universities, including associated facilities, but not dormitories
4 spaces per 1000 gfa
Preschool, nursery, day care centers
2 per classroom
Places of assembly, including places of worship, libraries, museums, membership organization halls, and community centers.
4 spaces per 1000 gfa or 1 space per .30 persons based on maximum occupancy, whichever is greater.
Hospitals, clinics, other medical treatment facilities
2 spaces per bed
Skilled nursing facility
0.66 spaces per bed
RECREATION, AMUSEMENT, ENTERTAINMENT
Bowling alleys
2 spaces per lane
Indoor recreation, amusement, or entertainment uses, such as skating rinks, indoor racquet courts, billiard/ pool halls, and indoor athletic facilities
1 space per 0.3 persons of maximum occupancy
Theaters (movie and live)
4 spaces per 1000 gfa
Outdoor recreation, amusement or entertainment such as coliseums or stadia.
1 space per 0.25 persons of maximum occupancy
1355.11 OFF-STREET LOADING AND UNLOADING.
   (a)   General Standards. Adequate space for off-street loading, unloading, and receiving (known hereinafter as loading) area or facility shall be provided for any building or land used for commercial, industrial, or high-density residential purposes.
      (1)   The area provided shall be consistent with the size and proposed use of the facility.
      (2)   The area shall be designed in consideration of the nature and location of adjacent uses.
      (3)   Loading facilities shall be designed as part of an overall site plan.
      (4)   The facilities shall be safe and convenient for intended users and efficient in layout and design.
      (5)   The area shall be designed so as not to impede normal vehicular and pedestrian circulation.
      (6)   Space allocated for loading shall not be used to satisfy any portion of the site's off-street parking requirement.
      (7)   Major truck repair work and/or service of any kind are not allowed in loading areas.
      (8)   Multi-tenanted structures shall be designed so as to allow access to all tenants to a common loading area.
   (b)   Location Requirements
      (1)   Loading areas, including accessory trailer parking areas, shall be allowed only in rear yards. Where this is not possible due to site layout reasons, such as unsafe or inadequate manueverability, such areas may be located in the side yard(s).
      (2)   All loading areas or facilities shall be located on the same lot as the use served.
      (3)   There shall be no loading in a yard abutting a public street.
      (4)   All loading areas shall be located so as to minimize danger of access to the loading area. No loading area shall be located near an open ditch.
      (5)   All entrances and exits to loading areas shall be located in a safe and convenient pattern with minimal impact on traffic movement on adjacent streets. Entrances and exits shall not be located within the required line-of- sight triangle of an intersection, nor may they be located within forty feet of the nearest point of intersection of any two streets or highways.
   (c)   Design Requirements
      (1)   The design of loading areas shall comply with current American Association of State Highway and Transportation Officials (AASHTO) templates.
      (2)   Loading areas may be open to the sky, if located in a rear yard, or enclosed within a building.
      (3)   All loading areas and their aisles shall be curbed and shall be fully paved or improved with a compacted select gravel base, not less than seven inches thick, and surfaced with an all-weather dustless material.
      (4)   Loading areas and their aisles shall be graded, surfaced, drained, and suitably maintained as required by BOCA/UCC.
      (5)   All loading areas shall be properly screened and landscaped in accordance with Sections 1355.05, 1355.06 and 1355.07.
      (6)   All loading areas shall be properly lit in accordance with Section 1355.08.
      (7)   General circulation and maneuvering: The circulation and maneuvering of trucks on site shall comply with established AASHTO turning point templates or with such other design requirements as may be established from time to time by the City Engineer.
      (8)   Each loading berth shall be not less than twelve [ten] feet in width, forty feet in length, and have a minimum clearance of fourteen feet, and may occupy all or any part of any required yard. Where necessary, a loading berth of twelve feet by 60 feet may be required.
      (9)   Loading Berth Requirements. The minimum requirements for the number and size of loading berths are given below in Table 9-B. The requirements are based on the gross floor area of the building(s). Where a use is required to have off-street loading but is located in a building with less gross floor area than the required minimum, the Zoning Administrator or the Planning Commission shall nevertheless require adequate off-street loading on the same lot.
1355.12 MINIMUM NUMBER OF OFF-STREET LOADING BERTHS PER USE.
   The minimum requirements for the number and size of loading berths are given below in Table 9-B. The requirements are based on the gross floor area of the building(s).
TABLE 9-B
OFF-STREET LOADING BERTHS PER USEOFF-STREET LOADING BERTHS
PER USE AND SQUARE FOOTAGE
A
B
C
UseUse
Gross Square Footage
Required Off-StreetStreet Loading Berths
SchoolSchool
10,000 to 100,000
Larger than 100,000
1 berth
1 berth plus 1 additional for each 50,000 sf
Clinic, Hospital, Skilled Nursing Facility
10,000 to 100,000
Larger than 100,001
1 berth
1 berth plus 1 additional for each 50,000 sf
(exclusive of ambulance spaces)
Office,Office hotel and motel, and other business or commercial use
10,000 to 100,000
Larger than 100,001
1 berth
1 berth plus 1 additional for each 50,000 sf
Place of assembly, meeting hall, auditorium, stadium, coliseum, theater, gymnasium, museum, convention center, and indoor recreation facility
10,000 to 150,000
Larger than 150,000
1 berth
1 berth plus 1 additional for each 150,000 sf
Industrial use
1,000 to 10,000

10,001 to 50,000

50,001 to 100,000

Larger than 100,000
1 berth

2 berths

3 berths

3 berths and 1 additional berth for each 50,000 sf or fraction over 100,000 sf
.
Funeral homesFuneral home and mortuaries
Up to 5,000
1 berth
Larger than 5,001
1 berth and 1 additional for each 5,000 sf or fraction over 5,000 sf
Non-Listed Uses:
Each loading space shall be sufficient in size and arrangement to accommodate trucks of the type servicing the establishment. Loading spacesLoading space shall be furnished according to the schedules in columns B and C.
Up to 15,000
15,001 to 30,000
Larger than 30,001
1 berth
2 berths
2 berths and 1 additional for each 30,000 sf over 30,000 sf