City Council

MORGANTOWN 389 Spruce Street Morgantown, WV 26505 CITY CLERK 304-284-7439 morgantownwv.gov AMENDED AGENDA COMMITTEE OF THE WHOLE Mon County Commission Chambers, 243 High Street, Morgantown, WV 26505 Tuesday, April 30, 2024 at 7:00 PM NOTE: Committee of the Whole Meetings of the Morgantown City Council are intended to provide an opportunity for the Council to receive information, ask questions, and identify policy options in an informal setting. No official action is taken at these meetings. At this Committee of the Whole Meeting the following matters are scheduled. 1. PRESENTATIONS: A. Citizens Academy Graduation - Nikki Lauffer B. Youth Council Proposal C. Presentation by Parking Authority on Parking Garage Rate-Setting and Blue Curb Permits for Short-term Rentals D. An Ordinance providing for the Zoning Reclassification of certain parcels of Real Estate in the Fourth Ward - Rickie Yeager Planning & Development Services Director 2. PUBLIC PORTION: 3. ITEMS FOR DISCUSSION: A. An Ordinance Amending Article 365 of the City Code Providing for Off Street Parking B. An Ordinance providing for the Zoning Reclassification of certain parcels of Real Estate in the Fourth Ward 4. ADJOURNMENT: For accommodations, please contact us at 304-288-7072. 1  Item 1C. 1. Suggest allowing the MPA to adjust garage parking permits by 20% based on the area's current market. (Several locations within the city limits offer monthly parking permits.} 2. Give permanent residents of the blue curb districts the option of purchasing a one or two­ year permit beginning the 2025-2026 fiscal year 3. Airbnb permits- Add this permit to the already existing nonresident permit (Currently, there are at least eight), which is $50 per year- 367.05 (d) Sec. 367.05. - Permits; rules; fees. 4. (a)The City Manager, or a designee, is hereby authorized to issue parking permits to qualified persons in permit parking districts. (b)The City Manager may promulgate rules governing the administration of permit parking districts which may include procedures for the determination of eligibility for parking permits, the process to petition for creation or amendment of a district, review of such petitions and studying the feasibility of districts, creation and distribution of permits, revocation of permits used in contravention of this article or the rules then in effect, and collection and accounting of fees. (c)Unless provided otherwise in the ordinance establishing a permit parking district, the maximum number of permits available shall be as follows:(t)Three resident permits per street address; or(2)Two resident permits per street address, and one visitor permit per street address;(3)One nonresident permit per individual or entity meeting the requirements of a qualified person;(4)Five temporary permits per street address. (d)Unless a greater amount is specified in the ordinance establishing a permit parking district, the fee for each permit shall be as follows: o Resident permit-$20.00 per year o Visitor permit-$20.00 per year o Nonresident permits-$50.00 per year o Temporary permit-$5.00 per occurrence 5. Update SunnySide parking district rules to allow temporary parking permits for rental vehicles and add the option for an Airbnb permit. 2  Item 1C. CITY OF MORGANTOWN DESIGNATED PARKING DISTRICTS ADMINISTRATIVE RULES ANO REGULATIONS The Morgantown City Council has adopted ordinances providing a Designated Parking District for the Sunnyside area. Within the district, property owners may obtain pt::nnits for distribution to their tenant's vehicl�s or, if owner-occupied, for their vehicles during the restricted time for on-street parking. The rules and regulations governing the issuance of permits and subsequent use of on-street parking in the Sunnyside Parking Districts are as follows: I. Property owners may apply for parking permits by visiting the Morgantown Parking Authority at 300 Spruce Street. Permits are valid from July I-June 30 each year and must be renewed each year. 2. Each Property Owner is eligible for 3 residential permits for each residential structure (when applicable). When applying, the owner must show proof they own that address by providing any following documents: tax receipt or property deed. 3. Permits are for residents of the Sunnyside District and CAN NOT BE RESOLD or redistributed for any other purpose. 4. Each owner may request permits for Landlord use. 5. All permitted vehicles are required to be parked in a manner that does not violate any city ordinance or state law. 6. Permits issued under the Designated Parking District System are valid only in the district for which they have been issued. 7. Violating rules may result in temporarily revoking the parking permit(s) 8. HAYING AVALID PARKING PERMIT FOR THE SUNNYSIDE DISTRICT DOES NOT GUARANTEE YOU A PARKING SPACE. Permit Fee Schedule Each Residential Permit------------------------------------------------------------------ $20.00 per year Landlord permits ------------------------------------------------------------------- $50.00 per year Replacement Permit------------------------------ -------------------$20.00 per sticker If you have any questions, call the Parking Authority at 304-284-7435 or visit online at parkmpa.com. 3  Item 3A. Ordinance No. 2024-___ AN ORDINANCE AMENDING ARTICLE 365 OF THE CITY CODE PROVIDING FOR OFF-STREET PARKING The City of Morgantown hereby ordains that Article 365 of the City Code is amended as follows: Sec. 365.01. Definitions. For the purposes of this article, unless the context clearly otherwise requires, the following words and phrases shall have the meanings given: respectively ascribed to them by this section: Off-street gated parking facility means any parking lot or multi-level parking garage with an installed access gate system for the purpose of regulating ingress and egress to the facility and requiring payment for time parked prior to exiting that facility. Off-street parking facilities means the areas of land in the City which are now, or which may hereafter, be improved, paved, lighted and marked off in individual parking spaces, and equipped with parking meters or payment systems for use in parking vehicles. Parking means the standing of a vehicle upon any off-street facility provided therefor, whether such vehicle is occupied or not, by an operator or otherwise, for a period in excess of one minute. Parking authority means the Morgantown Parking Authority, established by Council. Parking meter means a device which shall indicate thereon the length of time during which a vehicle may be parked in the particular individual parking space and which shall have as a part thereof a receptacle or chamber for receiving and storing coins representing currency of the United States of America, or tokens approved by the Parking Authority, and a slot or place in which such coins or tokens may be deposited. Payment system means any device, equipment, or service designated and used by the Parking Authority to provide for payment for parking in Off-street gated parking facilities or Off-street parking facilities, including without limiting the generality of the foregoing a central pay station for a designated off-street parking facility and any software application accessed by user devices to make payment for parking. Vehicle means any device in which any person or property is or may be transported upon a public highway, except such as are motivated or propelled exclusively by human power. Sec. 365.02. Facilities designated. For the purposes of this article, the off-street parking facilities that shall be subject to this article shall be as follows: (a) A parking lot already constructed at the corner of Spruce Street and Fayette Street within the City. (b) Such other sites as may hereafter be constructed and established by the Parking Authority. 4  Item 3A. Sec. 365.03. Designation of parking spaces. (a) The individual parking spaces shall be set out and marked off in the off-street parking facilities in the first instance by the Parking Authority, and such Authority shall thereafter continue to mark off and designate such individual spaces, and the Authority, and its agents and employees, are authorized and directed to keep each vehicle parked entirely within an individual parking space. (b) Any person using the off-street parking facilities shall park their vehicle by pulling it forward into the designated parking space so that the vehicle is facing the parking bumper or marked end of the space and the his vehicle is entirely within a designated parking space in a direction facing the meter. (c) No person shall park his or her vehicle anywhere within a parking facility, subject to the provisions of this article, except in a designated public parking space. (Ord. No. 05-15, 6-21-2005) Sec. 365.04. Installation of meters; deposit of coins; overtime parking. There shall be installed in the immediate vicinity of each individual parking space, in the off-street parking facilities regulated by this article, a parking meter or payment system, and such meter or payment system shall be under the management, supervision and control of the Parking Authority, or a person designated by it. Whenever a vehicle is parked in an individual parking space, where a parking meter has been installed or a payment system is in use, the person parking such vehicle shall submit payment by methods accepted by the parking meter or payment system designated for the space. deposit one or more $.05 coins, one or more $0.10 coins, and one or more $0.25 coins of the currency of the United States of America, or one or more tokens issued and approved by the Parking Authority in such parking meter, depending on the time that such person desires to occupy such individual off-street parking space. No person shall cause, allow or permit any vehicle registered in the name of, in the possession of, or operated by such person to be parked overtime or beyond the period of legal parking time established for any individual parking space on any of the off-street parking facilities subject to this article. Each additional hour that a vehicle remains in an individual parking space after the prescribed time for parking has elapsed shall be deemed an additional violation of this article. Sec. 365.05. Establishment of parking rates. (a) Council upon recommendation of the Parking Authority, shall, by proper resolution from time to time establish, revise and change parking rates and determine the length of time that parking is permissible under such rates in an individual parking space for which a meter is installed in the off-street parking facilities regulated by this article. Notice to the public shall be given setting forth the length of time for which parking is permitted, of the time therefor, and the conditions thereof. Such notice may be placed upon the parking meter stand or in the immediate vicinity thereof. 5  Item 3A. (b) Council upon recommendation of the Parking Authority, may, by proper resolution from time to time authorize, establish and revise and change parking rates for monthly parking permits in and on off-street parking facilities. Sec. 365.06. Defacing or tampering with meters. Sec. 365.06. Defacing or tampering with meters or payment systems. No person shall deface, injure, tamper with, open, or willfully break, destroy or impair the usefulness of any parking meter or payment system, or associated equipment or facilities including parking meter stand or coin depository installed under the provisions of this article or any of the off-street parking facilities. Sec. 365.07. Depositing slugs in meters. No person shall attempt to access parking without making the required payment therefor, including by tampering with or gaining unauthorized access to any payment system or depositing in any parking meter installed on the off-street parking facilities regulated by this article any slug, device, or metallic substance or any other thing as a substitute for a $0.05 coin, or a $0.10 coin or a $0.25 coin of the currency of the United States of America, or a token issued and approved by the Parking Authority. Sec. 365.08. Changes and readjustments. As authorized and required by West Virginia Code Article 8-16, the right is reserved by the City to change and readjust the rates or charges established from time to time so that the revenues from all the municipal public automobile parking facilities of the City shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair, replacements and maintenance thereof and also to provide for payment of the required sums into the Parking Facilities Bond and Interest Redemption Fund so that the aggregate amounts so paid into such fund from the revenues of such facilities shall be sufficient to discharge the interest on and the principal of the revenue bonds heretofore and hereafter issued by the City for account of such facilities, all as provided by the ordinances pursuant to which such bonds have been or are to be issued. Sec. 365.11. Immobilization of vehicles. (a) When it appears to any police officer or parking enforcement officer that any vehicle in a parking lot or garage operated by the Parking Authority has been so placed in the past so as to result in two or more citations to the owner or driver which have not been properly disposed of in accordance with the City Code, the officer may immobilize the vehicle until the owner or driver has satisfied any existing and past violations in accordance with the City Code, or until the vehicle has been impounded. The owner or driver of any vehicle which has been immobilized shall, in addition to the fines and penalties provided for under the provisions of this Traffic Code, pay the Parking Authority the sum of $45.00 as reimbursement to it for administrative costs associated with said immobilization. 6  Item 3A. (b) No unauthorized person shall move any vehicle immobilized pursuant to the preceding subsection prior to obtaining a release thereof from either the Judge of the Municipal Court, the Director of the Parking Authority, or the officer in charge at the City police station. (c) Any person who damages any property of the City or the Parking Authority in an attempt to remove or alter an immobilization device or by moving a vehicle which has been immobilized pursuant to this section shall reimburse the City or the Parking Authority for the cost of the damage. Sec. 365.12. Gate and pull ticket violations. (a) No vehicle shall exit any off-street gated parking facility without paying the required fee for parking, including by means of a gate being physically lifted, by driving around a gate, or by exiting through any unauthorized area that avoids use of a gate. (b) No vehicle shall exit any off-street gated parking facility by means of a pull ticket which has been modified or is different than that which was issued to the vehicle upon entering the facility. (c) No vehicle shall tailgate while exiting an off-street gated parking facility. For purposes of this subsection, tailgate shall mean one vehicle following another vehicle so closely that the tailgating vehicle exits through the gated area during the gate cycle for the vehicle in front of it without using a paid parking ticket to exit. (d) Violations of any of the prohibitions within Section 365.12 shall be subject to a penalty of not less than $100.00 nor more than $500.00. Parking Authority Enforcement Officers shall have the authority to mail citations to a vehicle's registered owner who shall be responsible for violations set forth in Section 365.12. Sec. 365.99. Parking violations; penalty. It shall be the duty of the Parking Authority, its agents and employees, to report: (a) The number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parking in violation of any of the provisions of this article. (b) The State license number of such vehicle. (c) The time during which such vehicle is parked in violation of any of the provisions of this article. (d) Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violations. There shall be attached to each such vehicle standing in an individual parking space in violation of this article, a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of this article. Each such owner or operator may, within ten days of the time that such notice of violation has been attached to such vehicle, discharge and satisfy the penalty for violation of this article by depositing the sum indicated on the parking ticket in a depository or receptacle placed for such purpose on the off-street parking facility, for each violation of this article. Each such owner or operator who fails to so discharge the penalty 7  Item 3A. for violation of this article within such ten-day period shall then pay to the Parking Authority as a penalty for and in full satisfaction of such violation the sum of $10.00 for each violation, such payment to be made within ten days after the time that such violation occurred. An owner or operator of a vehicle violating Section 365.03(c) shall be subject to a penalty of $50.00. An owner or operator of a vehicle violating Section 365.12 shall be subject to a penalty of $100.00. This ordinance shall be effective upon adoption. FIRST READING: ______________________ ______________________________ Mayor SECOND READING: ____________________ ______________________________ ADOPTED: ____________________________ CITY CLERK FILED: ________________________________ 8  Item 3A. Sec. 365.09. Disposition of fines. The fines or payments for penalty for violations of this article deposited by the owner or operator of vehicles in the depository receptacle placed or located at the off-street parking facility shall be collected regularly by the person designated to make the collection from the coin boxes and the parking meters by the Parking Authority, and such fines or payments for violations so collected shall be deposited by the Finance Director to the credit of the Parking Authority. All other fines which are processed through the Police Court of the City shall be collected and deposited by the Finance Director in the General Fund of the City. Sec. 365.10. Collections from payment systems, meters, and fine boxes. The Parking Authority shall designate persons to collect and account for payments deposited in the coin boxes in the parking meters and also the fine boxes or receptacles installed in the off-street parking facilities regulated by this article, and establish processes to collect and account for payment received through authorized payment systesm, and deliver the same to the office of the Finance Director. 9  Item 3B. 304-284-7431 MORGANTOWN Morgantownwv.gov DEVELOPMENT SERVICES 430 Spruce St. Morgantown, WV 26505 MEMORANDUM To: A. Kim Haws, City Manager Christine Wade, City Clerk Cc: Emily Muzzarelli, Assistant City Manager Ryan Simonton, City Attorney Heather Carl, Assistant City Clerk From: Rickie Yeager, Development Services Director Date: April 25, 2024 Re: City Council Agenda for Zoning Map Amendment RZ24-01 / Paul Khoury / Creston Avenue During its public hearing on March 14, 2024, the Planning Commission made a motion to forward a recommendation to Morgantown City Council that the proposed map amendment is consistent with the City’s 2023 Comprehensive Plan. The motion passed (7-0-0). The proposed map amendment would rezone portion of City Tax District 12 (Fourth Ward), Tax Map 15, Parcels 94 and 95, more commonly known as 362 Creston Avenue, from an O-I, Office and Institutional District to a R-3, Multi-Family Residential District. The purpose of the zoning map amendment is not affiliated with an active site plan application. Attached herewith is the Staff Report presented to the Planning Commission, as well as the draft ordinance and exhibit. Please note the proposed meeting schedule for City Council, provided each ordinance advances to the next step in the review/approval process: Committee of Whole: Tuesday, April 30, 2024 at 7:00 p.m. Ordinance – 1st Reading: Tuesday, May 7, 2024 at 7:00 p.m. Ordinance – 2nd Reading and Public Hearing: Tuesday, June 18, 2024 at 7:00 p.m. In accordance with the WV State Code, there shall be at least thirty days between the first and second reading of the ordinances to rezone property. Page 1 of 2 10  Item 3B. Please include this item of business on the City Council meeting agendas noted above and include this communication and attachments in the Committee of the Whole meeting packet on April 30, 2024. Only the ordinance and associated exhibit should be included in the May 7th and June 18th City Council meeting packets provided the ordinance advances forward at each step. This memorandum, under a cover letter explaining the public comment opportunities before City Council relating to the matter, will be sent to the petitioner. Thank you. Page 2 of 2 11  Item 3B. ORDINANCE NO._____________ AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF CERTAIN PORTIONS OF PARCELS OF REAL ESTATE IN THE FOURTH WARD OF THE CITY OF MORGANTOWN, TAX DISTRICT 12, TAX MAP 15, PARCELS 94 AND 95, COMMONLY KNOWN AS 362 CRESTON AVENUE FROM A O-I, OFFICE AND INSTITUTIONAL DISTRICT TO A R-3, MULTI-FAMILY RESIDENTIAL DISTRICT AMENDING ARTICLE 1331 OF THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WERE FULLY SET FORTH HEREIN. THE CITY OF MORGANTOWN HEREBY ORDAINS: 1. That the zoning designation for portions of Tax District 12, Tax Map 15, Parcels 94 and 95 of the Monongalia County tax assessment as described herein and illustrated on the exhibit hereto attached and declared to be a part of this Ordinance to be read herewith as if the same were fully set forth herein is reclassified from O-I, Office and Institutional District to R-3, Multi-Family Residential District. 2. That the Official Zoning Map be accordingly changed to show said zoning classifications. This Ordinance shall be effective from the date of adoption and the Official Zoning Map shall be duly noted with the effective date of adoption. FIRST READING: __________________________ Mayor ADOPTED: FILED: __________________________ RECORDED: City Clerk Page 1 of 1 12  St Item 3B. re l mo Gi St e St or lle lm Di Gi St lle t Di S e or St ilm e Ev an s S t G or lm Gi D ill e St L n e rs T ow ro et M Legend Area to be Rezoned O-I to R-3 Existing Zoning R-3: Multi-Family Residential District O-I: Office and Institutional District Parcels ± RZ24-01 Exhibit A Prepared by: Marvin A. Davis, GIS Analyst. Credits: Maxar, Microsoft, Esri Community Maps Contributors, WVU Facilities, West Virginia GIS, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS 2024 0 50 100 Feet Meters Coordinate System: NAD 1983 2011 StatePlane West Virginia North FIPS 4701 FtUS 0 10 20 13  Item 3B. MORGANTOWN PLANNING COMMISSION March 14, 2024 6:30 p.m. Monongalia County Commission Chambers │243 High Street – 2nd FL President: STAFF REPORT Peter DeMasters, 6th Ward CASE NO: RZ24-01 / Paul Khoury / Creston Avenue Vice-President: Bill Petros, 4th Ward REQUEST, LOCATION, TAZ MAP AND ZONING DESCRIPTION: Planning Commissioners: Request by Paul Khoury to rezone portions of City Tax District 12 (Fourth Ward), Tax Map Vacant, 1st Ward 15, Parcels 94 and 95, located along Creston Avenue, from an O-I, Office and Institutional Tim Stranko, 2nd Ward District to a R-3, Mult-Family Residential District. William Blosser, 3rd Ward Brennan Williams, 5th Ward SURROUNDING ZONING: Danielle Trumble, City Council Katie See, 7th Ward North, South and West: R-3, Multi-Family Residential District Kelly Palmer, City Admin. East: O-I, Office and Institutional District BACKGROUND and ANALYSIS: On January 11, 2024, the Municipal Planning Commission approved the minor subdivision (lot consolidation) of property along Creston Avenue as shown on the survey plat below: Development Services Rickie Yeager, AICP Director Planning Division 389 Spruce Street Morgantown, WV 26505 The Commission’s approval was contingent on the petitioner/owner of the property 304.284.7431 submitting an application to the City to rezone the residual portions of property created from Case No MNS23-08 (northern portions of City Tax Map 15, Parcels 94 and 95) by July 11, 2024. The applicant seeks to rezone this portion of land from an O-I, Office and Institutional District to a R-3, Multi-Family Residential District. In doing so, the new tract Page 1 of 3 14  Item 3B. MORGANTOWN PLANNING COMMISSION March 14, 2024 6:30 p.m. Monongalia County Commission Chambers │243 High Street – 2nd FL President: of land will no longer have two different zoning designations. Please see Exhibit A Peter DeMasters, 6 Ward th attached, as well as Addendum A. Addendum A includes the Table 1331.05.01 – Permitted land uses and Articles 1339 and 1343 of the City’s Planning and Zoning Code. Vice-President: Bill Petros, 4th Ward While the property shown on the above survey plat is currently being used as a single- family dwelling, staff finds that the proposed map amendment is consistent with the City’s 2023 Comprehensive Plan – Land Management Plan. More specifically, the property to Planning Commissioners: be rezoned is identified as Residential Mixed-Use in the Land Management Plan. Please Vacant, 1st Ward see the screenshot from the Land Management Plan below and note the general subject Tim Stranko, 2nd Ward location identified by yellow dash marks. William Blosser, 3rd Ward Brennan Williams, 5th Ward Danielle Trumble, City Council Katie See, 7th Ward Kelly Palmer, City Admin. Development Services Rickie Yeager, AICP Director Planning Division 389 Spruce Street Morgantown, WV 26505 The Residential Mixed-Use (Future Character Area) is defined as an area comprised of 304.284.7431 multi-family housing with ground floor activating commercial uses, particularly at near street intersections, to engage the public realm (streets and parks). Building in these areas may be larger in scale, with massing that steps down toward lower-scale residential areas. Parking should be located at the rear/sides of the buildings and be buffered from public amenities. Page 2 of 3 15  Item 3B. MORGANTOWN PLANNING COMMISSION March 14, 2024 6:30 p.m. Monongalia County Commission Chambers │243 High Street – 2nd FL President: Generally appropriate development typologies in the Future Character Area includes Two- Peter DeMasters, 6 Ward th Family Dwellings, Multi-Family Dwellings, Civic/Institutional (schools, government, buildings, churches, etc.), Commercial (retail, restaurant and accommodation), Office, and Vice-President: Open Space (parks, recreation areas). Bill Petros, 4th Ward STAFF RECOMMENDATION: Planning Commissioners: Vacant, 1st Ward After review, staff recommends that the Planning Commission forward to Morgantown City Council a recommendation to approve the proposed zoning map amendment. Tim Stranko, 2nd Ward William Blosser, 3rd Ward Enclosures: Exhibit A and Application Brennan Williams, 5th Ward Danielle Trumble, City Council Katie See, 7th Ward Kelly Palmer, City Admin. Development Services Rickie Yeager, AICP Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 3 of 3 16  Item 3B. ADDENDUM A RZ24-01 / Paul Khoury / Creston Avenue Table 1331.05.01 – Permitted Land Uses Article 1339 – R-3, Multi-Family Residential District Article 1343 – O-I, Office and Institutional District Development Services Rickie Yeager, AICP Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 1 17  Item 3B. Sec. 1331.05. Permitted land uses. The table and supplemental regulations of the Permitted Land Use Table are incorporated in this section and are adopted as the basic land use regulations for the City. The table and supplemental regulations identify the types of land uses that are permitted within the City and any applicable conditions and limitations. To determine the zoning district in which a particular use is allowed, find the use in the list of uses along the left-hand side of the Permitted Land Use Table and read across the use row to find the zoning district column designations. Legend: P — Use is permitted by right in a particular zoning district. A — Use is permitted as an accessory use in a particular zoning district. C — Use is allowed only as a conditional use in a particular zoning district subject to the limitations and conditions specified; a conditional use permit is required. Empty — Use is not permitted in a particular zoning district. The uses listed in the Permitted Land Use Table are defined in the definitions section (Article 1329). A description of the supplemental regulations immediately follows the Permitted Land Use Table. Table 1331.05.01: Permitted Land Uses Uses R- R- R- R- PRO B- B- B- OI B- I- Supplemental 1 1A 2 3 1 2 4 5 1 Regulations Administrative Office C P C P P P P P 29 Agricultural Activity P P Airport C Amphitheater P P Animal Grooming Service C C C C P P P P 28, 29 Animal Shelter C C P Apparel Shop P P P P P 28 Appliance Repair C C C P P P P P 4, 28, 29 Establishment Appliance Sales P P P Establishment Art Gallery C C C P P P P P 28, 29 Artist Studio C C C P P C P P C 28, 29 Assembly Hall P P P P 28 Assisted Living Facility C C C Athletic Field C C C C C P P P Automotive Paint Shop P P 4, 9, 10 Automotive Rentals C C Automotive Sales C C Automotive Supply C P P Created: 2023-11-22 11:05:48 [EST] (Supp. No. 5) Page 1 of 8 18  Item 3B. Automotive Tire P P P 4, 9, 10 Repair/Sales Automotive/Boat Repair P P 4, 9, 10 Shop Automobile Repair Shop, C C C P 4, 9, 10 Incidental Bakery, Retail C C C P P P P 28, 29 Bakery, Wholesale P P P Barber Shop/Beauty C C C P P P P P 28, 29 Salon Bed and Breakfast Inn C C P P P 5, 28 Brew Pub C P P P 18 Building Materials P P P 9, 10 Supplier Car Wash/Detailing P P P Caretaker's Residence C C C C C C C P Cemetery P P P P P P Charitable, Fraternal or P P P P P 28 Social Organization Churches, Places of C C C C C C P P C P C 12 Worship Clinic, Medical C P P P P P P 28, 29 Club or Lodge P P P 28, 29 Coin-operated A C P P P P 28, 29 Cleaning/Laundry Service Communications C C C C P P C P P P 28 Equipment Building Community Center C C P P P P P P C 28 Community Gardens P P P P P 28 Composting Operation P P 3 Conference Center P P P Consumer Fireworks C P P 33 Retail Sales Consumer Fireworks C P P 33 Retail Sales Establishment Consumer Fireworks P 34 Wholesale Establishment Convenience Store, C C C P P P 28, 29 Neighborhood Created: 2023-11-22 11:05:48 [EST] (Supp. No. 5) Page 2 of 8 19  Item 3B. Dance or Social Club, C P P Youth Day Care Facility, Class 1 P P P P P P P P P P Day Care Facility, Class 2 C C C P P P P P P P 19 Day Care Facility, Class 3 C P P P P P P 19 Department Store P P P Distribution Center P Dog Run C C C 24 Dormitory P P P Drive-in Theatre/Outdoor P P Drive-through Facility A A A A A 25 Driving Range, Golf C C Drug Store C C C P P P P 28 Dry Cleaning and Laundry P P P P P 28, 29 Pick-up Dry Cleaning and Laundry C P P P Service Dwelling, Mixed Use C P P P P P P 20, 26, 28 Dwelling, Multi-family C P P C C 35 Dwelling, Single family P P P P P 16 Dwelling, Townhouse P P P P P Dwelling, Two-family P P P C Electrical Repair Shop P P P P 4, 28 Emergency Shelter C C C P Equipment or Furniture P P P P 9, 10 Rental Establishment Essential Services and P P P P P P P P P P P 28 Equipment EV Charging Station, A A A A A A A A A A A Private EV Charging Station, A A A A A A A A A Public Extractive Industry P 31 Fairgrounds P Farmer's Market C C P Financial Services P P P P P P 28 Establishment Florist Shop C C C P P P P 28, 29 Fraternity or Sorority C P P C House Created: 2023-11-22 11:05:48 [EST] (Supp. No. 5) Page 3 of 8 20  Item 3B. Funeral Home P P P P 28 Furniture Sales P P P 4 Establishment (Antique, New or Used) Garden Center P P Gas Station Mini-Mart P P P P 8 Gasoline Service Station P P P P 8 Golf Course C C C P P P P P P 28 Government Facility P P P P P P P P P P 28 Greenhouse, Non- A A A A P Commercial Greenhouse, Commercial P P Grocery Store P P P P Group Residential Facility P P P P P P P 28 Group Residential Home P P P P P P P 28 Guest House C C Half-way House C C C C Hardware Store C P P P P Health/Sports Club C C P P P P P P 28, 29 Heavy Machinery Sales P P 4, 9, 10 Heliport or Helipad C C C Home Improvement P C P Center Home Occupation, Class 1 A A A A A A A A A A A 2 Home Occupation, Class 2 C C C C C C C C C C C 2 Hospital C C C C C P C P C Hotel P P P P Hotel, Full-service P P P P 1 Hypermarket P P Industrial Equipment P Repair Establishment Industrial Park P Industrial Supplies P Establishment Industry, Heavy C 32 Industry, Light C C P 9, 10 Instructional Studio C C C P P P P 28, 29 Junkyard C 17 Kennel, Commercial C P 7 Laboratories P P P 9, 10 Created: 2023-11-22 11:05:48 [EST] (Supp. No. 5) Page 4 of 8 21  Item 3B. Laundromat C C P P P P 28, 29 Liquor Store P P P Lodging or Rooming C P P House Manufactured Homes P P P P P 16 Manufactured Housing P Sales Manufacturing, Heavy P 32 Marina, Commercial C C C C 14 Marina, Private C C C C 14 Marine Supplies P P P 9, 10 Establishment Medical Cannabis P P Dispensary Medical Cannabis P Growing Facility Medical Cannabis P P Processing Facility Mixed Use Building C P P P P P P 20, 26, 28 Motel P P P Motorcycle Sales P P Establishment Movie Theater, Large P C P Movie Theater, Small P P P P 28 Multi-Use Nonresidential C C C P P 29 Building Newsstand C C C P P P P P 29 Nursery, Plant P C C Nursing Home P P P Office Building P C P P P P P Office Equipment Repair P P P P 4, 9, 10 Establishment Office, Medical P P P P P Office Park C P P Office Supplies P P P P P 28 Establishment Oil Change Facility P P P P Outdoor Flea Market C C C C Outdoor Storage C C P Created: 2023-11-22 11:05:48 [EST] (Supp. No. 5) Page 5 of 8 22  Item 3B. Outdoor Storage, P P P Seasonal Park and Recreational C C C P P P P P 11, 28 Services Parking Lot, Principal Use C P P C P P Parking Structure, C P P C P P 28 Principal Use Passenger Station, Motor C P P P P Bus, Railroad Pawnshop P P P P 28 Penal/Correctional C Institution Personal C P P P P C P 28, 29 ServicesEstablishment Personal Storage Facility C C C 15 Private Club C P P 18 Professional Services C C P P P P P 28, 29 Establishment Recreation Facility, C P P 11 Commercial, Outdoor Recreational Facility, C P P 11 Commercial, Indoor Recyclable Collection P 6 Center/ Solid Waste Transfer Station Recycling Center P P Repair, Small Engine and P P P P 4, 9, 10 Motor Shop Research and C P P Development Center Restaurant P P P P P P 27, 28, 29 Restaurant with Drive-in P P P P Restaurant, Family C P C P P P P 28, 29 Restaurant, Fast Food C P P P P 22, 25, 27 Restaurant, Private Club C P C P P 18, 27 Restaurant, Private Wine P P P P P Retail Sales Establishment P P P P 28 Re-use of Closed/Vacant C C C C C C C School or Church Salvage Yard C Created: 2023-11-22 11:05:48 [EST] (Supp. No. 5) Page 6 of 8 23  Item 3B. School (K-12), Private C C C C C P P P Sexually Oriented C Business Shooting Range, Indoor C C P Shopping Center, Large P P Scale Shopping Center, P P Medium Scale Shopping Center, Small P P Scale Snack Bar/Snack Shop C P P P A P 28, 29 Sporting Goods C P P P Establishment Tavern P P P P P 21, 28 Taxicab Service P P P 23 Telecommunications P P P P P P P P P P P 30 Class I Telecommunications P P P P P P P P 30 Class II Telecommunications C C C C C 30 Class III Transient Amusement P P P Enterprise Terminal, Truck or Motor P Freight University or College, C P P Private Upholstery/Interior P P P 4 Decorating Service Video Gaming/Lottery P 13 Establishment Veterinary Clinic C P P P P 7, 28 Warehousing/Distribution P P 21 Wellness Center C C P C P P P P 29 Wholesale Establishment P P P Wrecker Service C P (Ord. No. 06-37, 11-8-2006; Ord. No. 06-48, 12-5-2006; Ord No. 07-17, 6-5-2007; Ord. No. 07-19. 6-5-2007; Ord. No. 07-20, 6-5-2007; Ord. No. 07-53, 11-6-2007; Ord. No. 09-08, 3-3-2009; Ord. No. 09-16, 5-5-2009; Ord. No. 09- 29, 7-7-2009; Ord. No. 11-44, 11-1-2011; Ord. No. 12-27, 7-3-2012; Ord. No. 13-32, 7-2-2013; Ord. No. 16-38, 8-2- Created: 2023-11-22 11:05:48 [EST] (Supp. No. 5) Page 7 of 8 24  Item 3B. 2016; Ord. No. 16-43, 9-6-2016; Ord. No. 16-48, 10-4-2016; Ord. No. 17-27, 7-5-2017; Ord. No. 18-14, 4-3-2018; Ord. No. 18-23, 7-10-2018; Ord. No. 18-24, 6-5-2018; Ord. No. 18-29, 10-16-2018; Ord. No. 2020-21 , 7-7-2020) Created: 2023-11-22 11:05:48 [EST] (Supp. No. 5) Page 8 of 8 25  Item 3B. PART THIRTEEN - PLANNING AND ZONING CODE CHAPTER SEVEN - LAND USE ARTICLE 1339. R-3, MULTI-FAMILY RESIDENTIAL DISTRICT ARTICLE 1339. R-3, MULTI-FAMILY RESIDENTIAL DISTRICT1 Sec. 1339.01. Purpose. The purpose of the Multi-Family Residential (R-3) District is to: (a) Provide for a variety of housing density and types, and customary accessory uses at a density higher than in other City neighborhoods; and (b) Preserve the desirable character of existing high density residential neighborhoods; and (c) Provide for adequate light, ventilation, quiet, and privacy for neighborhood residents. Sec. 1339.02. Permitted principal and conditional uses. See the Permitted Land Use Table 1331.05.01. Sec. 1339.03. Lot provisions. (a) The minimum lot size shall be 4,000 square feet. (b) The minimum lot frontage shall be 40 feet. The frontage requirement may be waived for a parcel not fronting on an existing road if the parcel is served by a proper right-of-way. (c) Maximum lot coverage shall be 60 percent. Sec. 1339.04. Setbacks. (a) The following setbacks shall be required for all principal structures, except as otherwise provided in Section 1363.02(b), Yard, Building Setbacks and Open Space Exceptions: (1) Minimum front setback:10 feet (2) Maximum front setback:20 feet (3) Minimum side setback:5 feet (4) Minimum rear setback:20 feet (b) On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of- way line. The required side yard setback on the side facing a street shall be one and one-half times the normal side setback requirement. (Ord. No. 06-24, 7-18-2006) 1 Cross reference(s)—Design standards—see P. & Z. 1331.06(16); non-residential uses—see P. & Z. 1331.06(29); accessory uses—see P. & Z. 1331.08; permitted signs—see P. & Z. 1369.06. Morgantown, West Virginia, Code of Ordinances Created: 2023-11-22 11:05:49 [EST] (Supp. No. 5) Page 1 of 5 26  Item 3B. Sec. 1339.05. Encroachments into setbacks. (a) Architectural features may project into a required setback as provided below: (1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters or other similar features may extend into a setback a distance not exceeding three feet, except that such features shall not extend closer than three feet from the property line. (2) Uncovered stairs, landings and porches shall not extend closer than three feet from the property line. Such porches may not subsequently be enclosed unless the normal setback requirements for the district are met. (3) Open and covered, but un-enclosed front porches attached to single family or two-family dwellings may extend into the required front setback a distance equal to 50 percent of the setback depth. (b) No permitted encroachment noted above shall extend to within three feet of an accessory structure. (c) Fences, walls, terraces, steps or other similar features may encroach into a required setback, except as provided in Section 1363.03, Safety and Vision. Such appurtenances shall not be located within access, drainage, or utility easements. (d) HVAC mechanical units may be located no closer than two feet to a side lot line and may not be placed in the front yard. (Ord. No. 06-01, 1-3-2006; Ord. No. 18-24, 7-10-2018) Sec. 1339.06. Building height. (a) The permitted maximum height shall be four stories or 55 feet, whichever is less, except as provided in Section 1363.02(a), Height Exceptions. A conditional use permit shall be required for buildings in excess of 55 feet but less than 80 feet. (b) The maximum height of an accessory structure shall not exceed 18 feet. (c) Minimum building height for a two-family or multifamily dwelling should be two stories. (Ord. No. 06-40, 11-21-2006) Sec. 1339.07. Performance standards. (a) All residential construction shall substantially conform in street orientation and massing to adjacent interior lot residential structures. (b) Building design standards for single- and two-family dwelling new construction, additions, and redevelopment projects. (1) Buildings should be clad in one or a combination of wood siding, vinyl siding, fiber cement siding, unit masonry, or manufactured masonry. (2) Garden walls shall not be made from concrete masonry units (CMU) unless of the split face ornamental variety designed for use in landscaping projects. (3) Principal building roofs should have a pitch that substantially conforms to the roof pitches of adjacent single-family dwellings. Created: 2023-11-22 11:05:49 [EST] (Supp. No. 5) Page 2 of 5 27  Item 3B. (4) Two-family dwellings shall have substantial front porches oriented toward the primary street frontage. The total width of a front porch should not be less than 50 percent of the width of the front facade. Covered, but unenclosed, front porches shall not count toward the permitted maximum lot coverage. (5) Front-load garages, if attached to the dwelling, may not take up more than 65 percent of the width of the front facade nor extend closer to the front lot line than the primary building line of the front facade. (c) Building design standards for townhouse, multi-family, mixed use, and Nonresidential new construction, additions, and redevelopment projects. (1) Prohibited facade materials include vinyl siding; glare producing materials; unfinished wood; wood board sheathing products; ribbed, corrugated, galvanized, and alloy-coated metal panels; and, materials designed and intended for interior use. (2) Prohibited facade primary materials. a. For townhouse and multi-family dwellings, synthetic stucco systems or concrete masonry units (CMU). b. For mixed use and nonresidential buildings, synthetic stucco systems, concrete masonry units (CMU), or fiber cement siding. (3) For new construction of Townhouse Dwellings, masonry shall be used as the primary material on 100 percent of the net facade areas of exposed basement exterior walls and should be used as the primary material on at least 50 percent of the net facade area of the ground floor level. Manufactured masonry must appear identical to traditional unit masonry construction. (4) For new construction of multi-family, mixed use, and nonresidential buildings, masonry shall be used as the primary material on 100 percent of the net facade areas of exposed basement exterior walls and should be used as the primary material on at least 75 percent of the net facade area of the ground floor level and the first story above the ground floor level. Manufactured masonry must appear identical to traditional unit masonry construction. (5) Permitted facade accent materials include unit masonry, manufactured masonry, masonry detailed concrete, smooth metal panel systems, concrete, synthetic stucco systems, concrete masonry units (CMU), and fiber cement siding. (6) Synthetic stone may be used if it is detailed to have the appearance of authentic stone. At a building corner, the synthetic stone must wrap around the corner and, at a minimum, extend to a depth of traditional stone. (7) Building articulation. New development shall incorporate articulation techniques that divide the overall building mass into modules in order to provide a sense of human scale and reinforce, where applicable, the traditionally-scaled building pattern within the surrounding built environment. a. The following design options may be used individually, or in combination, to meet the intent of desired building articulation. Other creative building articulation strategies may also be appropriate. 1. Wall offsets. 2. Wall projections. 3. Step backs. 4. Variations in material. 5. Base, middle, cap design. Created: 2023-11-22 11:05:49 [EST] (Supp. No. 5) Page 3 of 5 28  Item 3B. b. Appropriate vertical articulation techniques include: 1. Wall plane offsets such as notches or varied facade setbacks. 2. Wall projections such as columns, moldings, or pilasters. 3. Vertical variations in material. c. Appropriate horizontal articulation techniques include: 1. Stepping back taller building elements. 2. Belt courses, expression lines, or other techniques that provide horizontal expression. 3. Awnings, canopies, or other features that help define the ground floor of a building. 4. Varied roof forms. 5. Horizontal variations in material. 6. Horizontally dividing the facade into a distinct base, middle, and cap. (8) Roof Form. New development shall incorporate roof forms that convey compatible mass and scale, add visual interest, and are appropriate to a building's use. a. Roofing shall be consistent in material, style, pattern, and color throughout. Roofing may only be of earth toned or other muted colors. Glare producing materials and unpainted metal roofing is prohibited. b. Appropriate techniques to create a sense of visual interest along the street include: 1. Using a combination of gable, hip, and flat roof forms to provide visual interest. 2. Varying the roof profile by stepping down some parts of the facade. 3. Defining a flat roof form with a distinct parapet or cornice line to help reinforce a vertical base, middle and cap building articulation, and contribute to a sense of iconic design. 4. Using an overhang on sloped roof forms. 5. Other creative roof form strategies may also be appropriate including, but not limited to, entry features, tower elements, and rounded elements. (9) No security bars, screens or gates shall be permitted to be attached to the principal facade of a townhouse, multi-family, mixed use, or nonresidential building. (10) Transparency. The ground floor of the principal facade of mixed use and nonresidential buildings between three feet and eight feet in height shall have a minimum fenestration ratio of 60 percent, comprised of clear windows that allow views of indoor nonresidential component space and/or product display areas. (11) Civic buildings and churches or places of worship should be built so that they terminate street vistas whenever possible, and should be of sufficient design to create visual anchors for the community. (d) With the exception of single-family, two-family, and townhouse dwellings, surface parking areas shall be concealed along the street frontage by an architectural screen wall between three and one-half and five feet in height, and by dense landscaping along property lines not adjoining a public street. The material and finish of the architectural screen shall be consistent with the materials and finish of buildings with which it is associated or buildings in the immediate vicinity. (e) Sidewalks shall be constructed in accordance with the requirements of Article 913 of this Code at each lot upon which a use is to be constructed. Created: 2023-11-22 11:05:49 [EST] (Supp. No. 5) Page 4 of 5 29  Item 3B. (f) All exterior lights shall be designed, located, installed and directed in such a manner as to prevent glare from encroaching onto adjoining properties or public rights-of-way. (Ord. No. 18-24, 7-10-2018; Ord. No. 18-25, 8-7-2018; Ord. No. 2019-19, 7-2-2019; Ord. No. 21-09 , 4-20-2021) Created: 2023-11-22 11:05:49 [EST] (Supp. No. 5) Page 5 of 5 30  Item 3B. PART THIRTEEN - PLANNING AND ZONING CODE CHAPTER SEVEN - LAND USE ARTICLE 1343. OI, OFFICE AND INSTITUTIONAL DISTRICT ARTICLE 1343. OI, OFFICE AND INSTITUTIONAL DISTRICT1 Sec. 1343.01. Purpose. The purpose of the Office and Institutional (OI) District is to: (a) Provide for office and institutional uses and customary accessory uses on appropriately-sized lots; and (b) Provide for a suitable environment for office and institutional uses that can be located adjacent to residential uses without undue harmful effects to such residential uses. Sec. 1343.02. Permitted and conditional uses. See the Permitted Land Use Table 1331.05.01. Sec. 1343.03. Lot provisions. (a) The minimum lot size shall be 6,000 square feet. (b) The minimum lot frontage shall be 60 feet. (c) The minimum lot depth shall be 100 feet. (d) Maximum lot coverage shall be 60 percent. Sec. 1343.04. Setbacks and encroachments. (a) The following setbacks shall be required for all principal structures, except as otherwise provided in Section 1363.02(b), Yard, Building Setbacks and Open Space Exceptions: (1) Minimum front setback:15 feet (2) Maximum front setback:25 feet (3) Minimum side setback:30 feet (4) Minimum rear setback:40 feet (b) The minimum setback for accessory structures on a lot shall be ten feet from the rear property line and ten feet from each side property line. No accessory structures are permitted within the front setback. Sec. 1343.05. Building height and use. (a) The maximum height of a principal structure shall not exceed 72 feet, except as provided in Section 1363.02(a), Height Exceptions. Cross reference(s)—Composting operation—see P. & Z. 1331.06(3); day care facilities—see P. & Z. 1331.06(19); 1 mixed use dwelling units—see P. & Z. 1331.06(26). Morgantown, West Virginia, Code of Ordinances Created: 2023-11-22 11:05:49 [EST] (Supp. No. 5) Page 1 of 2 31  Item 3B. (b) The maximum height of an accessory structure shall not exceed 25 feet. (Ord. No. 06-40, 11-21-2006) Sec. 1343.06. Parking and loading standards. (a) All uses within this district shall conform to the off-street parking and loading requirements in Article 1365, Parking, Loading and Internal Roadways. (b) No parking spaces shall be permitted between the front facade of a building and any street right-of-way. Sec. 1343.07. Performance standards. (a) Important structures should be built so that they terminate street vistas whenever possible, and should be of sufficient design to create visual anchors for the community. All principal structures within a development should maintain a consistent architectural style. (b) Metal paneling may be used for wall surfaces, however the area of metal paneling shall not exceed 20 percent of any one wall face. (c) Materials: (1) Walls shall be clad in any combination of stone, brick, marble, approved metal paneling, and/or cast concrete. (2) Roofs shall be clad in slate, sheet metal, corrugated metal, and/or diamond tab asphalt shingles, when visible. Flat roofs shall be exempt from this requirement. (3) The orders, if provided, should be made of wood or cast concrete. (d) Configuration: Flat roof lines are allowed. (e) Techniques: (1) Windows should be set to the inside of the building face wall. (2) Rooftop equipment which is enclosed should be enclosed in building material that matches the structure or is visually compatible with the structure. (f) Residential construction within this district shall follow the height and performance standards listed in Sections 1339.06 and 1339.07. (g) Sidewalks shall be constructed in accordance with the requirements of Article 913 of this Code at each lot upon which a use is to be constructed. (Ord. No. 21-09 , 4-20-2021) Sec. 1343.08. Landscaping. Landscaping and screening as required in Article 1367, Landscaping and Screening, shall be provided for all uses, unless otherwise noted. Created: 2023-11-22 11:05:49 [EST] (Supp. No. 5) Page 2 of 2 32 Item 3B. 33