1339.01 GENERAL PROVISIONS AND REFERENCES.
   (a)   PURPOSE AND INTENT. It is the purpose and intent of these districts to provide the City of Wheeling with varying areas of commercial services at appropriate densities and mixes of uses given each district's location, road network, capacity to provide on-site parking, and surrounding non-commercial uses.
   (b)   REFERENCES. See Article 1331 for general regulations applying to all districts. Section 1331.09 (d) regulates the size of yards when abutting lots are in districts of different restrictiveness. See Article 1355 et seq. for supplemental regulations, including parking lot and landscape screening requirements that buffer adjoining residences from the impacts of commercial uses. See Article 1371 for special permit uses. See Article 1373 for uses subject to site development plan approval.
   (c)   CONVERSION OF RESIDENTIAL STRUCTURES. When a residential structure is proposed for a non-residential use, the applicant shall demonstrate to the satisfaction of the Economic and Community Development Department that the exterior of the structure shall remain residential in appearance. Doors and windows shall remain of a residential type. Parking shall be placed to the side or rear. The building façade, roofing, shutters, and other exterior materials, and exterior colors and lighting shall remain in context with the adjoining residential neighborhood.
   (d)   ABUTTING LOTS IN DIFFERENT DISTRICTS
      (1)   Increased setbacks. Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restrictive zoning district, there shall be provided along both sides of such abutting lot line or lines side or rear yards equal in dimension to those required in the more restrictive zoning district, as defined in Section 1331.01. (See Section 1331.09(d).)
      (2)   Landscaped screening. Sections 1355.05, 1355.06, and 1355.07 regulate the landscaping and screening on commercially-zoned lots that abut residentially-zoned lots.
      (3)   No off-street loading area or parking area or part thereof in all districts except R-1A, R-1B, R-1C, and R-2 shall be closer than ten feet to any dwelling, school, hospital or institution for human care located on an adjoining or adjacent lot. (See Section 1355.03.)
   (e)    FENCING. An application to erect a fence in the Downtown zoning districts (D-1, D-2, D-3) must be submitted to the Zoning Office for approval and be accompanied by a recommendation (or Certificate of Appropriateness) from the Planning Commission. Thereafter, should the application be rejected by the zoning office, the applicant may proceed to the appellate remedies available in Article 1377. (Ord. 13891. Passed 11-17-09.)