CODIFIED ORDINANCES OF ELEANOR PART THIRTEEN - PLANNING AND ZONING CODE. Art Planning Commission.

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1 CODIFIED ORDINANCES OF ELEANOR PART THIRTEEN - PLANNING AND ZONING CODE Art Planning Commission. Art Residential and Business Districts. Art Off-Street Parking; Parking Facilities; Off-Street Loading.

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3 3 CODIFIED ORDINANCES OF ELEANOR PART THIRTEEN - PLANNING AND ZONING CODE ARTICLE 1305 Planning Commission Designating the Planning Commission Ordinances, regulations and codes Planning Commission staff. CROSS REFERENCES Authority to establish - see W. Va. Code General provisions - see W. Va. Code Approval of subdivision plats - see W. Va. Code et seq. Zoning recommendations - see W. Va. Code et seq DESIGNATING THE PLANNING COMMISSION. The Putnam County Planning Commission is authorized and designated to serve and act as the Planning Commission for the Town of Eleanor in accordance with the provisions of Chapter 8, Article 24, Section 13 of the Code of West Virginia. (Ord Passed ) ORDINANCES, REGULATIONS AND CODES. Any and all regulations, ordinances and codes regarding the control of land use(s) and land use development adopted by the Town of Eleanor including but not limited to, Subdivision Regulations, Floodplain Management Ordinance, Improvement Location Permit Ordinance, and Salvage Yard Ordinance, shall be in full force and effect in the Town of Eleanor pursuant to the requirement of Chapter 8, Article 24 of the Code of West Virginia. (Ord Passed )

4 PLANNING AND ZONING CODE PLANNING COMMISSION STAFF. The duly authorized staff and employees of the Putnam County Planning Commission shall be authorized to act for the Town of Eleanor in the administration, management and enforcement of all duly adopted regulations, ordinances and codes and shall submit a monthly report to the Town Council on the progress and status of their activities. (Ord Passed )

5 5 ARTICLE 1309 Residential and Business Districts Legislative intent; purpose Establishment of districts Annexed areas Maps and boundaries Use of property Restrictions Exceptions Residential/Business District; permitted buildings and uses Permitted accessory uses in Residential/Business Districts Dimensional standards in Residential/Business District Business/Highway District; permitted buildings and uses Permitted accessory uses in Business/Highway District Protective screening in Business/Highway District Dimensional standards in Business/Highway District Responsibility for administration and enforcement Application for building permit Procedure for violations Injunction Penalty LEGISLATIVE INTENT; PURPOSE. The residential and commercial districts established in this article are designed to promote and protect public health, safety and general welfare. These general goals include among others, the following specific purpose: (a) To provide sufficient space, in appropriate locations in proximity to residential areas, for local and neighborhood retail development catering to the regular shopping needs of the occupants of nearby residences, with due allowances for the need for a choice of sites. (b) To provide, as far as possible, that such space will be available for use for business and related activities, and to protect residences by separating them from Business activities. (c) To provide appropriate space, and in particular sufficient depth from a street, to satisfy the needs of modern local and neighborhood retail development including the need for off-street parking spaces in areas to which large portion of shoppers come by automobile, and to encourage the natural tendency of local and neighborhood retail development to consumers and merchants.

6 PLANNING AND ZONING CODE 6 (d) To protect business development and nearby residences against fire, explosions, toxic and noxious matter, radiation and other hazards, and against offensive noise, vibrations, smoke, dust and other objectionable influences. (e) To protect business development and nearby residences against congestion, particularly in areas where the established pattern is predominantly residential but includes local retail uses, by regulating the intensity of local and neighborhood retail development, by restricting those types of establishments which generate heavy traffic and by providing for off-street parking and loading facilities. (f) To provide sufficient and appropriate space, and in particular sufficient depth from the street, to meet the needs of the Town's central and community business centers, including the need for off-street parking spaces in areas where a large proportion of customers come by automobile, with due allowance for the need for a choice of sites, and to encourage business development to concentrate in continuous retail frontage within business/highway areas, to the mutual advantage of both consumers and merchants. (g) To provide sufficient space in appropriate locations for all types of business and miscellaneous service activities, with due allowance for the need for a choice of sites. (h) To provide freedom of architectural design, in order to encourage the development of more attractive and economic building forms. (i) To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of business development, to strengthen the economic base of the Town's tax revenues ESTABLISHMENT OF DISTRICTS. In order to apply the provisions of this Residential and Business District Ordinance the Town of Eleanor is hereby divided into the following classes of districts. (a) (b) Residential/Business Business/Highway ANNEXED AREAS. Areas annexed into the Town of Eleanor shall be Residential until the Town declares it otherwise by amending the Official District Map of the Town of Eleanor MAPS AND BOUNDARIES. (a) The boundaries of these districts are hereby established as shown on the map entitled "Official District Map of the Town of Eleanor" on file in the office of the Eleanor Town Hall, which map with all explanatory matter thereon is hereby made part of this Residential and Business District Ordinance. (b) The Official District Map shall carry the signatures of the Mayor and Reorder certifying that it is the true Map as adopted by council. All boundary and district amendments shall be identified on the map and similarly certified.

7 7 Residential and Business Districts (c) The boundaries between districts are, unless otherwise indicated, either the centerlines of streets or such lines extended, or parallel lines hereto, or property lines, or other physical boundaries and delineations. Where streets, property lines or other physical boundaries and delineations are not applicable, boundaries shall be determined by use of the sale shown on the Official District Map. (d) If, after use of the above rules and the Map, the district classification of any land is in question, it shall be deemed to be in the most restrictive of the adjoining districts USE OF PROPERTY. Except as hereinafter provided, no building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located RESTRICTIONS. No building or unit shall be permitted to be erected or altered or lot size modified: (a) To exceed the height; (b) To accommodate a greater number of families; (c) To occupy a greater percentage of lot area; (d) To have narrower or smaller rear yards; front yards or side yards than is specified herein for the district in which a building is located. (e) To permit a well to be drilled that may yield combustible gases or liquids closer than 200 feet from the nearest structure. No part of a yard or other open space required about any building for the purpose of complying with setbacks of the Building Code Ordinances of the Town shall be included as part of a yard or open space or other space similarly required for another building EXCEPTIONS. (a) Continuing Existing Uses. Any building, structure or use lawfully existing at the time of enactment, but not in conformance with this Residential and Business District Ordinance may be continued, subject to the following conditions: (1) If a nonconforming use is discontinued for a period of one year, further use of the property shall conform to this article. (2) If a nonconforming use is replaced by another use, the new use shall conform to this article. (3) If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding fifty percent (50%) of its fair market value, a future structure or use on the site shall conform to this article. (4) A non-conforming building or structure may be altered, improved or reconstructed provided such work is not to an extent exceeding in aggregate cost fifty percent (50%) of the fair market value of the building or structure unless the building or structure is changed to a conforming use.

8 PLANNING AND ZONING CODE 8 (b) General Exceptions to Lot Size Requirements. Notwithstanding the limitations imposed by other provisions of this article, the Building Inspector shall permit erection of a dwelling or structure on any lot shown upon a platted record separately owned or under contract of sale and containing, at the time of passage of this article; provided, however, that the Building Inspector requires that setbacks and other restrictions governed by this article are met. (c) Variances. The Eleanor Town Council may authorize a variance from the requirements of this article where it can be shown that owing to special and unusual circumstances related to a specific lot, strict application of this article would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for a purpose not authorized within the district in which the proposed use would be located. In granting a variance, the council may attach conditions which it finds necessary to protect the best interest of the surrounding property or vicinity and otherwise achieve the purpose of this article. A variance may be granted only in the event that all of the following circumstances exist: (1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same district or vicinity, and result from lot size or shape, topography or other circumstances over which the owners of property since enactment of this article have no control. (2) The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same district or vicinity posses. (3) The variance would not be materially detrimental to the purposes of this article, or to the property in the same district or vicinity in which the property is located, or otherwise conflict with the objectives of the Town plan or policy. (4) The variance requested is the minimum variance which would alleviate the hardship RESIDENTIAL/BUSINESS DISTRICT; PERMITTED BUILDINGS AND USES. The following buildings and uses may be permitted in the Residential/Business District; (a) Single family residential dwelling. (b) Double-family and Multi-family residential dwelling. (c) (d) (e) (f) (g) (h) (i) (j) Home occupation or professional office within the owners dwelling. Licensed, Child care centers, kindergartens or nursery schools, subject to the following provisions: (1) For each child to be cared for, a minimum of 200 square feet of outdoor play area; (2) There shall be a fence constructed which is capable of containing the children within the play area; and (3) Such use shall not constitute a nuisance because of traffic, number of children being cared for, noise or types of physical activities which will be allowed in residential districts. Public utility uses. Rooming houses. Group housing projects. Barber shops. Beauty shops. Pet Groomers

9 9 Residential and Business Districts PERMITTED ACCESSORY USES IN RESIDENTIAL/BUSINESS DISTRICT. The following accessory buildings and uses shall be permitted: (a) Private garages, carports or parking areas. (b) Other accessory buildings or uses customarily incidental to a permitted principal use (c) Signs, subject however, to the following restrictions: (1) Street and road signs shall be at a height of not less than five feet above the top level of the curb. (2) Signs designating the name of the occupant and street number may be attached to the surfaces of the structure if the letters and numbers are not in excess of three inches in height. (3) Temporary signs advertising the sale, rental or development of property, or signs indicating the locations and directions of premises shall not exceed twelve square feet in area. (4) Signs erected in connection with any of the permitted principal uses of a nonresidential character shall not exceed sixteen square feet in area. (5) Signs shall be located at a minimum distance of four feet from the street or road right of way if no sidewalk exists and four feet from the edge of the inside walk if such a walk exists DIMENSIONAL STANDARDS IN RESIDENTIAL/BUSINESS DISTRICT. The following dimensional standards shall apply: (a) The lot area shall be a minimum of 6,000 square feet in area, subject however, to the provision that this minimum area shall be increased by 2,000 additional square feet for each dwelling unit. (b) The front yard shall be a minimum of twenty feet deep and fifty feet wide. (c) The side yards shall not be less than ten feet wide. Corner lots shall have a side yard not less than twenty feet wide on the side abutting the street. (d) (e) The rear yard shall not be less than ten feet deep and fifty feet wide. Building height shall be a maximum of two and one- half stories or thirty five feet. Structures associated with other permissive or excepted uses shall not exceed three stories or forty feet in height BUSINESS/HIGHWAY DISTRICT; PERMITTED BUILDINGS AND USES. The following buildings and uses may be permitted in the Business/Highway District; (a) All uses permitted in the Residential District. (b) Business and professional offices. (c) Self service laundries. (d) Antique shops. (e) Stores and shops for conducting of any retail or wholesale business. (f) Banks, offices and studios. (g) Restaurants, cafes, tea rooms and similar acceptable eating establishments. (h) Theaters (motion picture and/or legitimate stage) and assembly halls. (i) Print shop and/or limited publishing plant.

10 PLANNING AND ZONING CODE 10 (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) Funeral (parlors) homes. Public and/or private schools. Churches and/or other places for worship Government administrative buildings or public service buildings, except storage yards or siding, equipment storage or warehouses. Art galleries, public libraries or museums. Cleaning and Dyeing works. Bowling alleys and/or table billiard (pool) parlors. Gasoline service stations. Auto sales and service garages. Motels and Hotels. Animal hospitals General hospital, sanitarium or nursing home. Dentist office Other service establishments or businesses which would not violate the intent of this Residential and Commercial District Ordinance. Animal kennels PERMITTED ACCESSORY USES IN BUSINESS/HIGHWAY DISTRICT. The following accessory buildings and uses shall be permitted: (a) (b) (c) Accessory parking areas. Other accessory uses customarily incidental to a permitted principal use, including signs attached flat against a building, and elevated signs not exceeding fifty square feet in area per face, provided these are at least five feet from any street lot line. Signs, parking areas and buildings may be illuminated, providing the use of such illumination does not confuse, blind or distract vehicle operators on the highways or streets PROTECTIVE SCREENING IN BUSINESS/HIGHWAY DISTRICT. Those sides and rear of a lot which abut a residential lot or district shall be provided with a fence or wall with a height of eight to twelve feet constructed and maintained so as to prevent the passage of persons and to screen the property from view DIMENSIONAL STANDARDS IN BUSINESS/HIGHWAY DISTRICT. The following dimensional standards shall comply: (a) Front yards shall be a minimum of twenty feet deep; (b) Side yards of at least twenty feet in width are required for businesses abutting residential or commercial districts; (c) Common walls shall be permitted; (d) (e) Rear yards shall not be less than twenty feet deep; Building height shall be a maximum of three stories or forty feet.

11 11 Residential and Business Districts RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT. The Mayor and Town Council, with the aid of the Police Department, shall enforce this Residential and Business Districts Ordinance, in accordance with the administrative provisions of the Building Code and this article. In the absence of a Building Inspector, all applications for building permits for new structures shall be reviewed and approved by the Mayor and Town Council or a member designated by the Town Council before permits may be issued APPLICATION FOR BUILDING PERMIT. Every application for a building permit for a new or altered building or structure shall be accompanied by plans based on survey and drawn to scale in ink or blueprint, showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of the building or structure to be erected or altered, the existing and intended use of each building or part PROCEDURE FOR VIOLATIONS. (a) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land used in violation of the provisions of this article, the Mayor, in addition to other remedies, shall institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violations, to prevent the occupancy of such buildings, structure or land, or to prevent any illegal act, conduct business, or use in or about such premises. (b) The Building Inspector shall report all violations of this article coming to his attention to the Mayor immediately INJUNCTION. The Mayor, the Town Council or any designated enforcement official may seek a mandatory injunction in the Circuit Court directing a person or unit of government to remove a structure erected in violation of the provisions of this article or of any ordinance or rule and regulation adopted pursuant hereto. If the Mayor or Town Council, or the designated enforcement official is successful in any such suit, the respondent shall bear the cost of the action PENALTY. Whoever violates, disobeys, omits, neglects or refuses to comply with, or whoever resist the enforcement of any of the provisions of this article, where no other penalty is provided, shall be fined not less than ten dollars ($10.00) nor more than three hundred dollars ($300.00). Each day's continuance of a violation shall be considered a separate offence.

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13 13 ARTICLE 1313 Off-Street Parking; Parking Facilities; Off-Street Loading Purpose and scope Off-street parking Provision of parking facilities Designs, development and maintenance Sizes of parking area and space Units of measurements Spaces required Modifications Off-street loading Penalty PURPOSE AND SCOPE. The following regulations, applicable to all zones, are established to increase safety and lessen congestion in the public streets, to adequately provide for parking needs associated with the development of land and increased automobile usage, to set standards for the requirement of off-street parking and loading facilities according to the amount of traffic generated by each use, and to eliminate the on-street storage of vehicles along town streets and roadways. (Ord Passed ) OFF-STREET PARKING. (a) General Requirements. (1) The duty to provide and maintain off-street parking space shall be the joint and/or separate responsibility of the operator and/or owner of the use and/or land for which off-street parking space is required to be provided and maintained. (2) For land, structures, or uses actually used, occupied, or operated on the effective date of this article, there shall be provided such off-street parking space as was required for such land, structures, or uses by any previous article. If such land, structures, or uses are enlarged, expanded, or changed there shall be provided, for that increment of expansion only, at least the amount of off-street parking space that would be required hereunder if the increment were a separate land, structure or use established or placed into operation after the effective date of this article.

14 PLANNING AND ZONING CODE 14 (3) For all uses established or placed into operation after the effective date of this article there shall be constructed, provided, preserved, and maintained the amount of off-street parking space hereafter set forth. (4) All off-street parking space, whether provided in accordance with the provisions of this article or in accordance with the provisions of any former ordinance, shall be maintained as hereinafter required. (5) Parking and loading spaces for all types of uses may be provided either in garages or open parking areas conforming to the provisions of this article. (b) Location. Off-street parking spaces shall be located on the same district lot as the building, structure, or use to which they are accessory, except that the Town Council may, by means of a covenant or other acceptable means, allow part or all of the off-street parking spaces for a particular building, structure, or use to be located on a lot other than the district lot occupied by said building, structure, or use. (Ord Passed ) PROVISION OF PARKING FACILITIES. Separate off-street parking space shall be provided for each use or the parking space required of two (2) or more uses located on the same district lot may be combined and used jointly, provided, however: (a) Collective Provision of Facilities. Off-street parking facilities for separate uses may be provided collectively, if the total number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of parking spaces, in relation to the use served, are observed. Further, no parking space or portion thereof, shall serve as the required space for more than one (1) use, unless otherwise specifically authorized in accordance with this article. (b) Joint Use of Facilities. If groups of buildings contain uses which vary in their parking requirements, the number of parking spaces required shall be the sum of the individual requirements of each use. However, where peak parking requirements occur at distinctly difference times of the day or at difference times of the week as determined by the Town Council, joint parking facilities may be shared by two (2) or more uses if so authorized. (Ord Passed ) DESIGNS, DEVELOPMENT AND MAINTENANCE. Every parcel of land hereafter used as a public or private parking area greater than four (4) spaces, including a commercial parking lot and an automobile or trailer sales lot, shall be designed, developed, and maintained in accordance with the following requirements. The parking area: (a) Repair, Dismantling, and Servicing of Vehicles. Shall not be used for the repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies. (b) Drainage and Surfacing. Shall be graded for proper drainage and provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris. (c) Access. Shall be designed such that each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space.

15 15 Off-Street Parking; Parking Facilities; Off-Street Loading (d) (e) (f) (g) Interference with Traffic Movement. Shall be designed with appropriate means of vehicular access to a street or alley in such a manner as to minimize interference with traffic movement. Entrance and Exit Points. Shall be provided with entrances and exits each of which shall not be less than twelve (12) feet in width nor more than twenty-five (25) feet in width, excluding any lane control island or other such device as may be commonly used to separate traffic. Curbing and Guards. Shall be provided with curbs, wheel guards, or bumper guards located along all exterior parking lot lines in such a manner so as to prohibit protrusion of any portion of a parking vehicle(s) beyond established parking area. Lighting. Shall, if hazards exist which can be eliminated or lessened by properly designed and located lighting, be required to be illuminated. The Town Council may authorize, any required parking facilities to be illuminated at such hours and in such a manner as deemed to be in the best interest of the public safety and security. Lighting facilities, if required, shall be so arranged and operated so that they neither unreasonably disturb occupants of adjacent properties nor interfere with traffic. All exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district. (Ord Passed ) SIZES OF PARKING AREA AND SPACE. Each off-street parking space and area shall be designed in accord with, and have an area of not less than that required by, the following table. Angle parking of a type not specified below is not permitted: Permitted Parking Configurations Parking Types Stall Width Stall Length Aisle Width 45 Degree Angle 9.0 Feet 18.0 Feet 14.0 Feet 60 Degree Angle 9.0 Feet 19.0 Feet 18.0 Feet 75 Degree Angle 9.0 Feet 19.0 Feet 20.0 Feet 90 Degree Angle 9.0 Feet 18.0 Feet 24.0 Feet Each parking space shall have a vertical clearance of at least seven (7) feet and shall be of usable shape and condition. (Ord Passed ) UNITS OF MEASUREMENTS. For purposes of this article, the following units of measurement shall apply: (a) Floor Area. In the case of offices, merchandising, or service type of uses, "Floor Area" shall mean the gross floor area used or intended to be used by tenants and/or owners or for service to the public as customers, patrons, clients and patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used for non-public purposes, such as storage, incidental repair, processing or packaging of merchandise, for show windows, for offices incidental to the management or maintenance of stores of buildings, for toilet or restrooms, for utilities, or for dressing rooms, fitting or alteration rooms.

16 PLANNING AND ZONING CODE 16 (b) (c) (d) (e) Dwelling Unit. A dwelling unit shall mean a room or group of rooms providing living quarters for a family or household. Seat of Bench. A seat shall be the space intended for one (1) individual; in place where patrons or spectators occupy benches, pews, or other seating facilities, each twenty (20) inches of such seating facilities shall be counted as one (1) seat. Employees. Parking spaces required on an employee basis shall be based on the maximum number of employees on the premises at any one time whether on duty or residing therein. Fractions. When units of measurement result in the requirement of a fractional space, any fraction shall require one (1) parking space. (Ord Passed ) SPACES REQUIRED. Off-street parking spaces shall be provided in accordance with the minimum requirements as hereinafter set forth. (a) (b) Residential Uses. (1) Single-Family Detached Dwellings: Two (2) spaces shall be provided for each dwelling unit. (2) Townhouse and Two-Family Dwellings: Two (2) spaces shall be provided for each dwelling unit. (3) Multiple-Family Dwellings: Two (2) spaces shall be provided for each dwelling unit with Two (2) or more bedrooms. One and one-half (1 1/2) spaces shall be provided for every 1 bedroom, efficiency or studio dwelling unit. (4) Mobile Home Parks: Two (2) spaces shall be provided for each mobile home space or pad. Commercial Uses. (1) Amusement Establishments, as follows: A. Bowling Alleys: Five (5) parking spaces shall be provided for each alley, plus additional spaces as may be required herein for affiliated uses, such as bars, restaurants, etc. B. Pool and Billiard Halls, Amusement Parks and Establishments, Indoor Amusements: Three (3) parking spaces shall be provided for each one thousand (1,000) square feet of floor are plus three parking spaces for each one thousand (1,000) square feet of gross land area. C. Dance Halls, Skating Rinks: Ten (10) parking spaces shall be provided for each one thousand (1,000) square feet of floor area. D. Handball, Racquet, Squash, and Tennis Courts and Clubs: Four (4) parking spaces shall be provided for each court, plus additional spaces as may be required herein for affiliated uses as retail stores, restaurants, etc. E. Swimming Pools: One (1) parking space shall be provided for each five thousand (5,000) square feet of gross land area and seventy-five (75) square feet of water area. (2) Automobile Laundry (Car Wash). Stacking spaces shall be provided to accommodate waiting automobiles equal in number to five (5) times the maximum capacity of the automobile laundry for each wash rack, plus one (1) parking space for each two (2) employees. Maximum capacity, in this instance, shall mean the greatest number of automobiles undergoing some phase of laundering at the same time.

17 17 Off-Street Parking; Parking Facilities; Off-Street Loading (3) Automobile Service Station Facilities. Two (2) parking spaces shall be provided for each island of pumps plus two (2) parking spaces for each service stall plus one (1) parking space for each two (2) employees. (4) Barber Shop. One (1) parking space shall be provided for each one hundred fifty (150) square feet of floor area. (5) Beauty Salon. One (1) parking space shall be provided for each one hundred fifty (150) square feet of floor area. (6) Business Machine Sales and Service. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area. (7) Cartage and Express Facilities. One (1) parking space shall have provided for each vehicle maintained on the premises, plus one (1) space for each two (2) employees. (8) Catering Establishments. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area. (9) Clothing and Costume Rental. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area. (10) Commercial Stadiums, Fairgrounds, Rodeos, Grandstands, and Race Tracks. One (1) parking space shall be provided for each four (4) seats provided. (11) Food Stores, Grocery Stores, and Supermarkets. One (1) parking space shall be provided for each two hundred (200) square feet of floor area. (12) Fuel and Ice Plants and Storage. One (1) parking space shall be provided for each two (2) employees. (13) Furniture and Appliance Stores and Establishments for Repair of Household Equipment and Furniture. One (1) parking space shall be provided for the first one thousand (1,000) square feet of floor area, plus one (1) space for each additional six hundred (600) square feet of floor area. (14) Glass Products, Production and Sales. One (1) parking space shall be provided for each two (2) employees. (15) Golf Courses. Sixty (60) parking spaces shall be provided for each nine (9) holes of regular golf, or forty (40) space for every nine (9) holes of Par "3," or Pitch and Putt Golf. (16) Heliports and Airports, Private and Commercial. Parking spaces shall be provided in adequate number as determined by the Office of the Zoning Administrator. (17) Hotels, Motels, Inns, Apartment Hotels, Auto Courts and Tourist Homes. One (1) parking space shall be provided for each guest or sleeping room or suite, plus one (1) additional space for each employee. (18) Leather Goods and Luggage Stores. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area. (19) Mail Order House (see "Retail Stores" if direct sales are involved). One (1) parking space shall be provided for each one (1) employee. (20) Motor Vehicle, Motorcycle, Bicycle, and Other Outdoor Recreational Vehicle Sales, Rental and Service. One (1) parking space shall be provided for each two hundred (200) square feet of floor area, plus one (1) parking space for each three thousand (3,000) square feet of gross land area. (21) Newspaper Distribution Agency. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area.

18 PLANNING AND ZONING CODE 18 (22) Outdoor Rifle Range, Trap or Skeet Shooting Range. One (1) parking space shall be provided for each two thousand (2,000) square feet of gross land area. (23) Pet Grooming. One (1) parking space shall be provided for each one hundred fifty (150) square feet of floor area. (24) Photostatting, Blueprinting Establishments. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area. (25) Physical Culture and Health Clubs, Reducing Salons, and Gymnasiums, excluding those with spectator seating. One (1) parking space shall be provided for each one hundred fifty (150) square feet of floor area. (26) Plumbing and/or Electrical Equipment Showrooms and Shops. Three (3) parking spaces shall be provided for each one (1) employee. (27) Printing and Publishing Establishments. One (1) parking space shall be provided for each two (2) employees. (28) Radio, Recording and Television Studios. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area. (29) Recreation and Community Center Building. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area. (30) Repair of Shoes, Clothing and Hats. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area. (31) Restaurants or Establishment Dispensing Food and/or Beverages for Consumption on the Premises (not including drive-in establishments)*. One (1) parking space shall be provided for each one hundred (100) square feet of floor area, or one (1) parking space for each three (3) seats, plus one (1) parking space for each employee, whichever is greater. (32) Restaurants (carry-out). One (1) parking space shall be provided for each fifty (50) square feet of floor area. (33) Restaurants (drive-in) and/or Refreshment Stand (where food and/or beverage is consumed in a vehicle). One (1) parking space shall be provided for each twenty (20) square feet of floor area, but not less than ten (10) spaces. (34) Retail Stores (unless listed separately). One (1) parking space shall be provided for each two hundred (200) square feet of floor area. (35) Roadside Stands. As determined by the Village Board to adequately provide for all parking off of the public right-of-way, but not less than six (6) spaces. (36) Stables and Riding Academies. Parking spaces shall be provided in adequate number as determined by the Town Council. (37) Tailor and Dress Making Shops. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area. (38) Tanning Salon. One (1) parking space shall be provided for each tanning bed, plus one (1) parking space for each employee. (39) Taverns, Cocktail Lounges and Night Clubs. One (1) parking space shall be provided for each one hundred (100) square feet of floor area or parking spaces equal in number to thirty (30) percent of the capacity in persons, whichever is greater.

19 19 Off-Street Parking; Parking Facilities; Off-Street Loading (c) (d) (40) Taxidermist. One (1) parking space shall be provided for each employee. (41) Telegraph Office. One (1) parking space shall be provided for each five hundred (500) square feet of floor area. (42) Telephone Exchange and Equipment Buildings. One (1) parking space shall be provided for each person employed on the premises, plus one space for each five thousand (5,000) square feet of floor area which is not devoted to electrical or transmission equipment. (43) Theaters (indoor). One (1) parking space shall be provided for each four (4) seats up to four hundred (400) seats, plus one (1) for each six (6) seats over four hundred (400) seats. (44) Theaters (outdoor). Reservoir parking space shall be provided equal to ten (10) percent of the vehicle capacity of the theater. (45) Travel Bureaus and Transportation Ticket Agencies. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area. (46) Undertaking Establishments and Funeral Parlors. Six (6) parking spaces shall be provided for each chapel or parlor, or one (1) for each fifty (50) square feet of floor area used for services, whichever is greater, plus one (1) parking space for each funeral vehicle kept on the premises. Office Uses. (1) Banks, Savings and Loans, and Financial Institutions. One (1) parking space shall be provided for each two hundred (200) square feet of floor area. Drive-in establishments shall provide six (6) stacking spaces per teller or customer service area. (2) Business or Professional Offices; not elsewhere listed. Five (5) parking spaces shall be provided for the first one thousand (1,000) square feet of floor area and one (1) parking space shall be provided for each additional three hundred (300) square feet of floor area. (3) Laboratories, Research and Testing. One (1) parking space shall be provided by every two hundred fifty (250) square feet of floor area. (4) Medical or Dental. Four (4) parking spaces shall be provided for each doctor on staff, plus two (2) parking spaces for every three (3) employees. Industrial Uses. (1) Industrial and Manufacturing Uses, or any Establishments Engaged in Production, Processing, Cleaning, Servicing, Testing or Repair of Materials, Goods or Products. One (1) parking space shall be provided for each three (3) employees, enterprise, based on the largest shift. (2) Penal and Correctional Institutions. Two (2) parking spaces shall be provided for each three (3) employees, plus spaces adequate in number and determined by the Town Council. (3) Public Utility and Service Uses. Two (2) parking spaces shall be provided for each three (3) employees, plus spaces adequate in number as determined by the Town Council. (4) Railroad and Water Freight Terminals, Railroad Switching and Classification Yards, Repair Shops and Roundhouses. Two (2) parking spaces shall be provided for each three (3) employees. (5) Temporary Buildings for Construction and Temporary Real Estate Tract Offices. One (1) parking space shall be provided for each two hundred fifty (250) square feet of floor area.

20 PLANNING AND ZONING CODE 20 (e) (6) Truck Terminals. Two (2) parking spaces shall be provided for each three (3) employees, plus one (1) space for each truck. (7) Warehouses and Storage Buildings. Two (2) parking spaces shall be provided for each three (3) employees, plus one (1) space for each vehicle used in the conduct of the enterprise. (8) Wholesale Establishment (but not including warehouses and storage buildings other than accessory). Two (2) parking spaces shall be provided for each three (3) employees, plus one (1) space for each eight hundred (800) square feet of floor area in access of four thousand (4,000) square feet. Schools, Institutions and Places of Assembly. (1) Animal Hospitals and Veterinary Clinics. Four (4) parking spaces shall be provided per doctor, plus one (1) space for each additional employee. (2) Auditoriums, Gymnasiums, Convention Halls, and Other Places of Assembly. Parking space shall be provided equal to thirty (30) percent the capacity of the facility in persons. (3) Churches, Temples, Synagogues and Chapels. One (1) parking space shall be provided for each four (4) seats in the main auditorium. (4) Colleges, Universities, and Trade Schools. One (1) parking space shall be provided for each five (5) students (based on the maximum number of students that the facility is designed to handle at any one time), plus two (2) spaces for each three (3) employees. (5) Elementary and Junior High Schools. Two (2) parking spaces shall be provided for each classroom. However, if a place of assembly is provided in the school and the parking spaces provided for the place of assembly is equal to or in excess of the requirement for the classrooms, the classroom requirements need not be provided. (6) High Schools. One (1) parking space shall be provided for each eight (8) students (based on the maximum number of students that the facility is designed to handle at any one time), plus two (2) spaces for each classroom. However, if a place of assembly is provided in the school and the parking space provided for the place of assembly is equal to or in excess of the requirement for the classroom, the classroom requirement need not be provided. (7) Hospitals. One (1) parking space shall be provided for each two (2) beds, plus two (2) spaces for each three (3) employees. (8) Nursery Schools. One (1) parking space shall be provided for each employee. (9) Nursing Homes, Convalescent Center, Geriatric Center and Similar Type Establishments. One (1) parking space shall be provided for each five (5) beds, plus two (2) spaces for each three (3) employees, plus one (1) for each doctor assigned to the staff. (10) Libraries, Art Galleries, Museums, and Aquariums. One (1) parking space shall be provided for each eight hundred (800) square feet of floor area (11) Parish, Parsonage, Rectory, Convent, Monastery, Nunnery and Religious Retreat. One (1) parking space shall be provided for each one thousand (1,000) square feet of floor area.

21 21 Off-Street Parking; Parking Facilities; Off-Street Loading (f) (12) Charitable Institutions. One (1) parking space shall be provided for each five hundred (500) square feet of floor area. (13) Private Clubs and Lodges. Parking spaces shall be provided equal in number to thirty (30) percent of the capacity in persons. Other Uses. For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed uses, or as determined by the Town Council. (Ord Passed ) MODIFICATIONS. The Town Council may authorize a modification, reduction, or waiver of the foregoing requirements, if it should find that, in the particular case appealed the peculiar nature of the residence, business, trade, industry or other use, or the exceptional shape or size of the property or other exceptional situations or condition which would justify such action. (Ord Passed ) OFF-STREET LOADING. (a) When Required. Off-street loading space shall be required and maintained in connection with any building or part thereof, hereafter erected or altered which is to be occupied by uses requiring the receipt or distribution of materials or merchandise. (b) Locations. (1) Same Lot. Off-street loading space shall be located on the same lot as the structure for which provided. (2) Required Yards. Off-street loading space may occupy all or any part of any required yard space, other than the front yard or side yard adjoining a street. The Town Council may authorize off-street loading in the front or side yard adjoining a street if such authorization would not result in traffic hazards. (3) Landscaping. Off-street loading spaces that adjoin or are across the street from property in a residential district, shall have a dense evergreen planting, fence, masonry wall, or such other screening, as may be determined by the Town Council. The Town Council shall also determine the height, location, and density of screening used to provide adequate protection to adjoining property. (c) Duties to Provide. The duty to provide the off-street loading space herein required shall be the joint and/or separate responsibility of the operator and owner of the structure or structures for which off-street loading space is required to be provided. No structure shall be designed, erected, altered, used or occupied unless the off-street loading space herein required is provided in at least the amount herein set forth; provided, however, that off-street loading space need not be provided for structures actually used, occupied and operated on the effective date of this article unless, after the effective date of this article, such structures are enlarged or expanded, or the uses within such structures are enlarged, expanded or changed, so as to require a greater amount of off-street loading space than the amount of off-street loading space not required to be furnished by reason of the foregoing exclusion, in which event, the structures hereby excluded shall not be used, occupied, or operated unless there is provided for the increment only of such structures, and maintained as herein required, at least the amount of off-street loading space that would be required hereunder if the increment were a separate structure.

22 PLANNING AND ZONING CODE 22 (d) Designs, Development, and Maintenance. Every parcel of land hereafter used for off-street loading space shall be designed, developed, and maintained in accordance with the following requirements. Off-street loading space: (1) Repair, Dismantling, and Servicing of Vehicles. Shall not be used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies if such loading facilities are within two hundred (200) feet of a Residence in a Commercial District. (2) Drainage and Surfacing. Shall be graded for proper drainage and provided with an all-weather surfacing material capable of bearing a line load of two hundred (200) pounds per square foot and shall be maintained at all times in such a manner as to prevent the release of dust and to be free to dust, trash, and debris. (3) Access and Maneuvering. Shall be provided with entrances and exits and each of which shall not be less than twelve (12) feet in width, nor more than thirty-six (36) foot of width, excluding any lane control island or other such device as may be commonly used to separate traffic, and shall be so designed as to provide adequate vehicular access and maneuvering space in a manner which does not unduly interfere with safe vehicular traffic movement. (4) Protection. No portion of a vehicle shall project into a street, alley, or other public right-of-way while being loading or unloaded. (5) Size. Unless otherwise specified, a required off-street loading berth shall be at least twelve (12) feet in width by at least thirty (30) feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fifteen (15) feet. (6) Off-Street Parking Requirements. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. Central loading facilities may be substituted for loading berths on the individual district lots provided the following conditions are fulfilled: A. Each district lot served shall have direct access to the central loading area without crossing streets or alleys at-grade. B. Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the sum of several types of uses served. (Area of types of uses m a y b e t o t a l e d b e f o r e computing number of loading berths). C. No district lot served shall be more than five hundred (500) feet removed from the central loading area. D. The tunnel or ramp connecting the central loading area with the district lot served shall be not less than seven (7) feet in width and have a clearance of not less than seven (7) feet. (7) Below Minimum Required Facilities. Uses for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicle, off any adjacent alley, service drive, or open space serving that district lot.

23 23 Off-Street Parking; Parking Facilities; Off-Street Loading (e) Amount of Space Required. At least the following amounts of off-street loading space shall be provided, plus an area or means adequate for maneuvering, ingress and egress. (f) Modifications. The Town Council may authorize a modification, reduction, or waiver of the foregoing requirements, if it should find that, in the particular case appealed the peculiar nature of the business, trade, industry, or other use, or the exceptional situation or condition, would justify such action. (Ord Passed ) PENALTY. (a) It shall be the duty of the Eleanor Town Council to enforce this article and to bring to the attention of the Town Attorney any violations or lack of compliance. Any person, firm, or corporation who fails to comply with, or violates, any of this article, shall be subject to a fine or imprisonment as provided by laws of the West Virginia Code. (b) Appropriate actions and proceedings may be taken by law to prevent any violation of this article, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal construction, reconstruction, enlargement, alteration, or relocation of a parking area within all districts established by the Town Council, and the remedies shall be in addition to the penalties described above. (c) Each day during which any violations of this article continues constitutes a separate offence. The imposition of a fine or penalty for any violation of, noncompliance with, this article shall not excuse the violation or noncompliance to continue; any and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. (Ord Passed )