FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 11, 2025 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGE - NDA I. CALL TO ORDER = Mayor Bolyard II. ROLL CALL OF MEMBERS - Janet L. Keller, City Clerk III. OPENING CEREMONIES A. Prayer/Meditation - Sean Moore South Ridge Church B. Pledge Of Allegiance 1 Councilmember Horton C. Proclamation = 106th Birthday of American Legion Post 17 IV. APPROVAL OF MINUTES Regular Meeting = February 25, 2025 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. Fiscal Year 2025-2026 General Fund Budget. 2. An Ordinance To Approve And Adopt Current Replacement Pages To The Fairmont City Code. 3. An Ordinance Of The Council Of The City Of airmont Amending And Supplementing Article 2.0 Definitions And Measurements Of The Provisions Of The City Of Fairmont's Codified Planning And Zoning Code And More Particularly 2.2 Intent To Define, Redefine, Relocate And/Or Combine Certain Definitions, Namely Accessory Dwelling Unit, Boarding Houses, Lodging House And Congregate Living Facilities, Dwelling Type, Family Functional And Factual Equivalent, Group Residential Home, Housekeeping Unit, Townhouses, Consumer Fireworks, Consumer Fireworks Retail Sales Establishment, Wholesale Establishment, And Wholesale Establishment Consumer Fireworks. 4. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 3.0 Zoning Districts Of The Provisions Of The City's Codified Planning And Zoning Code To Amend And Supplement The Use Chart, Table 3-A Permitted Principal Uses, As Set Forth Below: 1. To Reflect Clarified Language Regarding Detached Dwelling, Attached Dwelling (Single-Family Duplex), Attached Townhouse Dwelling, Boarding Houses, Lodging Houses, And Congregate Facilities; 2. To Reflect Certain Stylistic Changes From Child Care Home, Child Care Facility, And Child Care Center To Day Care Home, Day Care Facility, And Day Care Center; And 3. To Add Consumer Fireworks Retail Sale Establishment, Wholesale Establishment, And Wholesale Establishment, Consumer Fire Works. 5. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 3,4 Neighborhood Residential (NR) Of The City's Codified Planning And Zoning Code To Provide For Supplemental Regulations With Regard To Pedestrian Pathways And Townhouse Parking In Said District. 6. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 4.0 Use Standards Of The Provisions Of The City's Codified Planning And Zoning And More Particularly Section 4.18 Family Functional And Factual Equivalent And 4.35 Temporary Uses To Establish And/Or Modify The Use Standards Relating Thereto. 7. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 5,0 Site Standards Of The Provisions Of The City's Codified Planning And Zoning Code And More Particularly Section 5,4.E Parking Requirements By Use To Provide For Minimum Parking Requirements For Detached Dwelling, Attached Dwellings (Single-Family Duplex) Attached Townhouse Dwellings, And Boarding Houses, Lodging House And Congregate Living Facilities. B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS 1. Adoption, An Ordinance To Approve And Adopt Current Replacement Pages To The Fairmont City Code. 2. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 2.0 Definitions And Measurements Of The Provisions Of The City Of Fairmont's Codified Planning And Zoning Code And More Particularly 2.2 Intent To Define, Redefine, Relocate And/Or Combine Certain Definitions, Namely Accessory Dwelling Unit, Boarding Houses, Lodging House And Congregate Living Facilities, Dwelling Type, Family Functional And Factual Equivalent, Group Residential Home, Housekeeping Unit, Townhouses, Consumer Fireworks, Consumer Fireworks Retail Sales Establishment, Wholesale Establishment, And Wholesale Establishment Consumer Fireworks. 3. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 3.0 Zoning Districts Of The Provisions Of The City's Codified Planning And Zoning Code To Amend And Supplement The Use Chart, Table 3-A Permitted Principal Uses, As Set Forth Below: 1. To Reflect Clarified Language Regarding Detached Dwelling, Attached Dwelling (Single-Family Duplex), Attached Townhouse Dwelling, Boarding Houses, Lodging Houses, And Congregate Facilities; 2. To Reflect Certain Stylistic Changes From Child Care Home, Child Care Facility, And Child Care Center To Day Care Home, Day Care Facility, And Day Care Center; And 3. To Add Consumer Fireworks Retail Sale Establishment, Wholesale Establishment, And Wholesale Establishment, Consumer Fire Works. 4. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 3.4 Neighborhood Residential (NR) Of The City's Codified Planning And Zoning Code To Provide For Supplemental Regulations With Regard To Pedestrian Pathways And Townhouse Parking In Said District. 5. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 4.0 Use Standards Of The Provisions Of The City's Codified Planning And Zoning And More Particularly Section 4.18 Family Functional And Factual Equivalent And 4.35 Temporary Uses TO Establish And/Or Modify The Use Standards Relating Thereto. 6. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 5.0 Site Standards Of The Provisions Of The City's Codified Planning And Zoning Code And More Particularly Section 5.4.E Parking Requirements By Use To Provide For Minimum Parking Requirements For Detached Dwelling, Attached Dwellings (Single-Family Duplex) Attached Townhouse Dwellings, And Boarding Houses, Lodging House And Congregate Living Facilities. B. NEW BUSINESS 7. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 131 Police Department Of Chapter Five Officers And Departments Of Part One Administrative Code Of The Fairmont City Code, And More Particularly Section 131.01 Organization, Personnel And Purposes Thereof, To Provide For The Creation Of The Position Of Deputy Police Chief. 8. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Ordinance No. 2050 Duly Adopted August 27, 2024, Which Ordinance Provides For The City Of Fairmont's Current Pay Plan And List Of Occupational Classes For All Class Titles And Employees, Among Others, TO Provide For The Following: 1. Increasing The Base Pay For All Class Pay Grades And Class Pay Titles By 4% With Limited Exceptions; 2. Creating Certain New Positions, Eliminating Certain Obsolete Positions, And Making Certain Stylistic Changes; And 3. Providing For Certain Increases To Additional Compensation Provided By The Fraternal Order Of Police Pay Plan. 9. Adoption, A Resolution Approving The City of Fairmont's Fiscal Year 2025-2026 City Budgets: General Fund and Coal Severance. IX. ADJOURNMENT NOTE: THIS MEETING IS TO BE ADJOURNED TO THE SPECIFIC DATE AND TIME OF TUESDAY, APRIL 15, 2025, AT 4:30 P.M. TO APPROVE THE LEVY RATES. MINUTES 2/25/25 February 25, 2025 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 25th day of February, 2025, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Roll call of members was taken by the City Clerk. Councilmembers present were: Second District Anne E. Bolyard Third District Rebecca Moran Fourth District Anthony T. Horton Fifth District Charles "Chuck" Warner Sixth District Daniel "Dan" Weber Seventh District Julia "Julie" Sole Ninth District Kandice "Kandi" Nuzum Absent: First District Joshua D. Rice Eighth District Bruce McDaniel Also present were: City Manager Travis L. Blosser City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Marketing Manager David A. Kirk Director of Planning Shae Strait IN RE: EXCUSE COUNCILMEMBERS RICE AND MCDANIEL Mayor Bolyard moved to excuse Councimembers Rice and McDaniel from this meeting. The motion was seconded by Councilmember Warner. The Mayor declared Councimembers Rice and McDaniel excused by voice vote of Council. IN RE: OPENING CEREMONIES A moment of silence and prayer mediation was held followed by the Pledge of Allegiance to the Flag led by Councilmember Moran. 1 APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on February 11, 2025. She asked if there were any corrections, deletions, or amendments. Councilmember Nuzum moved to approve the February 11, 2025 Regular Meeting minutes as submitted. The motion was seconded by Councilmember Sole. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING CHAPTER NINE = JUDICIAL, ARTICLE 189 MUNICIPAL COURT OF THE FAIRMONT CITY CODE TO IMPLEMENT AND PROVIDE FOR THE ASSESSMENT OF ACTUAL COSTS TO REIMBURSE THE CITY OF FAIRMONT FOR CERTIFIED MAIL SERVICE RELATING TO THE ENFORCEMENT OF THE PROVISIONS OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRMONT Pursuant to a notice duly published in the Times-West Virginian on February 14, 2025, a public hearing was convened to obtain citizen input on an ordinance providing for the assessment of actual costs to reimburse the City of Fairmont for certified mail service. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:04 p.m. ANNOUNCEMENTS IN RE: MARION COUNTY FOOD PANTRY Councimember Moran reported that Wednesday is the Marion County Food Pantry that will be held by the Union Mission from 8:30 a.m. to 11:30 a.m. IN RE: FAMILY SELP-SUFFICIENCY WORKSHOP Councimember Moran announced that she received flyers for the Family Self- 2 Sufficiency Workshops. She noted that they have different things they can help with if you are unemployed, under-employed, working on your resume, finding a new job, if you need help with housing assistance, etc. She said the workshops will be held on April 9th and 10th. IN RE: NEIGHBORHOOD NURSE PROGRAM Councimember Moran reminded everyone of the Neighborhood Nurse Program that is the second and fourth Saturday from 11:00 a.m. to 2:00 p.m. at the Central Church of the Nazarene. IN RE: THANK YOU TO THE CITY MANAGER Councilmember Weber thanked the City Manager for having the Gateway Connector paved. He noted that it has been a rough ride over there and he is glad it is getting fixed. IN RE: TYGART VALLEY UNITED WAY Councilmember Sole congratulated the Tygart Valley United Way on meeting their campaign goal of raising over $600,000 for many of the organizations not only in Marion County but also in Taylor, Barbour, and Randolph Counties. IN RE: FAIRMONT STATE UNIVERSITY DAY OF GIVING Councimember Sole announced that Thursday, February 27th is the Fairmont State Day of Giving. There are activities planned all throughout the day at the University to bring attention to a variety of the school's programs and the funds needed to keep those amazing programs going. IN RE: ROTARY CLUB Councilmember Sole reported that an amazing thing happened at the Disability Action Center today. Several organizations came together, the Rotary Club of Fairmont along with the Rotary Club of South Fairmont, and they chartered the newest Rotaract Club in the world today, the Rotaract Club of the Disability Action Center and their 19 chartered members joined millions of Rotarians around the world and become part of a global network of people who put service above self. IN RE: UNION RESCUE MISSION Councilmember Nuzum announced that the Union Rescue Mission will be conducting the Better Hope Brunch (formerly the Night of Hope) annual fundraising event on Saturday, April 12th at 10:00 a.m. at the White Hall Event 3 Center. They are asking for support with sponsorships to make the brunch a success. Without the support from the community, they fall short and this is their only fundraiser for 2025. CITIZENS PETITIONS IN RE: REQUEST FOR CHICKENS IN THE CITY LIMITS JOSH ROARK, a resident of 918 East Park Avenue, addressed Council regarding keeping backyard chickens in the city limits of Fairmont. He said that since Covid, a lot more people are going to more of a homestead type approach and be more self-sufficient. He said that this is a great way to do it and they are easy to take care of. He explained that they are not a nuisance problem as dogs are louder than chickens, they do not stink, they help with pests, they are not dangerous, they sleep at night and the eggs are healthier than store bought eggs and last a lot longer. He named several cities in WV that allow chickens in their city limits and said that it definitely can be done here. He is requesting that he be allowed to have up to 6 chickens because you have to buy a minimum number of chickens. He said that this is the first step to other ideas he would like to see implemented. Councilmember Horton said that chickens are not allowed in the city limits and asked how do you get around the City Code. Mr. Roark said that he does not have them there, he wants them there. He said that is why he is at the meeting to try and get that changed. IN RE: REPRESENTATIVE FROM CONGRESSMAN RILEY MOORE'S OFFICE KENNEDY ROBERTS, stated that he was in attendance on behalf of Congressman Riley Moore. He distributed some information to Council on behalf of the Congressman including his office contact information in Morgantown. He noted that he wants Fairmont to have a good line of communication into the congressman's office SO that anything throughout Council's leadership that the Congressman might be able to assist in. He said that he would be glad to write letters of support for any grants coming up and it would be a pleasure to attend any ribbon cuttings in our area. CITY MANAGER'S REPORT IN RE: PAVING OF STREETS Mr. Blosser thanked Councilmember Weber for his comments about the paving of the Gateway Connector, however, he wished it was solely his doing but he will give thanks to the new District Manager, Mr. Gaskins, who he met with 4 two weeks ago and he committed to us that once we got past the heavier winter, Fairmont would be the first that they would get in and hitting hard and he has met that commitment. He also thanked the Delegates as well as the two State Senators because all of them have been just as involved and responsive to him around this issue. He went on to say that roadway is slated for complete asphalt repaving in FY27 and we have had discussions with the State to see how we, as a City, could potentially help pushing that along much quicker. Prior to that paving, there would be a lot of ADA work. The State has really helped to push that as a priority, not just that road, but all of our DOH roads inside the city. IN RE: DEMOLITION UPDATE The City Manager said that our engineering firm, CEC, looked at several structures in the City to move their demolition along faster. He stated that six properties were evaluated for eminent danger under statute and those all have been deemed by that engineer to be of eminent danger and those are being posted. He added that demolition work will commence, hopefully, within the month on those six structures and then we will be targeting another grouping of structures outside of that. IN RE: PROPERTY DISPOSITION Mr. Blosser said that we have had several submissions around our property disposition process trying to get those lots back on the tax rolls. He noted that we have several submissions pending and are making their way through our departments through the process that City Council has implemented. IN RE: HISTORIC SOCIETY The City Manager gave a shout out to our Historic Society. He said that he and David Kirk, Communications Manager, took a tour of the museum on Adams Street and said that we certainly want to support them and help them in ways that we can. IN RE: MRDC UPDATE NICK FANTASIA, President of the MRDC, addressed Council with updates on MRDC projects. He reported the following: The part-time executive director, Bruce McDaniel, along with Jay Rogers put together a successful application with the Governor's Office and they were happy to be funded by the WV Infrastructure Council for $3.6 million dollars to begin the development and dirt-work of the 22-acre parcel that they purchased from the High-Tech Foundation in the spring of 2023. The plan for this is to create three pads that are 5 egitimately construction ready. The architect and the consultant for the application is Omni in Fairmont and they are trying to make sure that the contractors for the dirt-work, utility work, and concrete are all Fairmont or Marion County employees. They are trying to keep this home as much as they can. The Governor's Office in December had put together a $3 million grant for Fairmont State and they awarded that the last week of December. The part-time director, Bruce McDaniel, did a great job putting the additional paperwork for that together and getting everything to the Governor's Office SO that the Governor's Office then made the decision to transfer that to an Industrial Park Infrastructure application to a grant application. They have been working with a prospect in the Bellview area and have been successful and very encouraged at this sports equipment manufacturing entity from Boca Raton, Florida to come into WV and come into Fairmont. They anticipate further discussions with the development office and they should have an official announcement for the location and timeframe and how that will roll out. They anticipate a 50-job startup and once the two entities get in place, probably 100 jobs will be in that facility. They have had a few contractors come to the table and they are ready re-energize the Diamond Street projects. Mr. Fantasia then commended the City Manager for helping with a few of these projects and for them to happen sooner rather than later. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING CHAPTER NINE - JUDICIAL, ARTICLE 189 MUNICIPAL COURT OF THE FAIRMONT CITY CODE TO IMPLEMENT AND PROVIDE FOR THE ASSESSMENT OF ACTUAL COSTS TO REIMBURSE THE CITY OF FAIRMONT FOR CERTIFIED MAIL SERVICE RELATING TO THE ENFORCEMENT OF THE PROVISIONS OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRMONT The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance providing for the assessment of actual costs to reimburse the City of Fairmont for certified mail service. Motion: Councilmember Nuzum moved for the adoption of the proposed ordinance. Councimember Sole seconded the motion. 6 Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of those Councimembers present and the ordinance designated as Ordinance No. 2063 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance providing to approve and adopt current replacement pages to the Fairmont City Code. Motion: Councimember Moran moved for the introduction of the proposed ordinance. Councilmember Nuzum seconded the motion. The Mayor declared the public hearing set for March 11, 2025. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO DEFINE, REDEFINE, RELOCATE AND/OR COMBINE CERTAIN DEFINITIONS, NAMELY ACCESSORY DWELLING UNIT, BOARDING HOUSES, LODGING HOUSE AND CONGREGATE LIVING FACILITIES, DWELLING TYPE, FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT, GROUP RESIDENTIAL HOME, HOUSEKEEPING UNIT, TOWNHOUSES, CONSUMER FIREWORKS, CONSUMER FIREWORKS RETAIL SALES ESTABLISHMENT, WHOLESALE ESTABLISHMENT, AND WHOLESALE ESTABLISHMENT CONSUMER FIREWORKS. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 2.0 Definitions of the Planning and Zoning Code to define or redefine certain definitions. Motion: 7 Councimember Warner moved for the introduction of the proposed ordinance. Councimember Weber seconded the motion. The Mayor declared the public hearing set for March 11, 2025. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, AS SET FORTH BELOW: 1. TO REFLECT CLARIFIED LANGUAGE REGARDING DETACHED DWELLING, ATTACHED DWELLING SINGLE-FAMILY DUPLEX), ATTACHED TOWNHOUSE DWELLING, BOARDING HOUSES, LODGING HOUSES, AND CONGREGATE FACILITIES; 2. TO REFLECT CERTAIN STYLISTIC CHANGES FROM CHILD CARE HOME, CHILD CARE FACILITY, AND CHILD CARE CENTER TO DAY CARE HOME, DAY CARE FACILITY, AND DAY CARE CENTER; AND 3. TO ADD CONSUMER FIREWORKS RETAIL SALE ESTABLISHMENT, WHOLESALE ESTABLISHMENT, AND WHOLESALE ESTABLISHMENT, CONSUMER FIRE WORKS. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 3.0 Zoning Districts of the Planning and Zoning Code to supplement the Use Chart. Motion: Councilmember Weber moved for the introduction of the proposed ordinance. Councilmember Sole seconded the motion. The Mayor declared the public hearing set for March 11, 2025. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.4 NEIGHBORHOOD RESIDENTIAL (NR) OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO PROVIDE FOR SUPPLEMENTAL REGULATIONS WITH REGARD TO PEDESTRIAN PATHWAYS AND TOWNHOUSE PARKING IN SAID DISTRICT. 8 The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 3.4 Neighborhood Residential of the Planning and Zoning Code to provide for supplemental regulations with regard to pedestrian pathways and townhouse parking. Motion: Councilmember Weber moved for the introduction of the proposed ordinance. Councimember Sole seconded the motion. The Mayor declared the public hearing set for March 11, 2025. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING AND MORE PARTICULARLY SECTION 4.18 FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT AND 4.35 TEMPORARY USES TO ESTABLISH AND/OR MODIFY THE USE STANDARDS RELATING THERETO. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 4.0 Use Standards of the Planning and Zoning Code and more particularly Section 4.18 Family Functional and Factual Equivalent and Section 4.35 Temporary Uses to establish and/or modify the Use Standards relating thereto. Motion: Counciimember Weber moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. The Mayor declared the public hearing set for March 11, 2025. Councilmember Moran thanked the Planning Department for the good work session that was held on these items. She said that no one has questions because we talked about these endlessly but if the public has questions, Council will be happy to talk to them about it. Councimember Weber also thanked Mr. Strait for working on all of this. 9 Councilmember Sole noted that she appreciated Councilmember Moran bringing up the work session that happened on February 11th where Council really got into the nuts and bolts of all of the different standards and different changes. We have looked at them in-depth. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDSOF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY SECTION 5.4.E. PARKING REQUIREMENTS BY USETO PROVIDE FOR MINIMUM PARKING REQUIREMENTS FOR DETACHED DWELLING, ATTACHED DWELLINGS (SINGLE-FAMILY DUPLEX) ATTACHED TOWNHOUSE DWELLINGS, AND BOARDING HOUSES, LODGING HOUSE AND CONGREGATE LIVING FACILITIES. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 5.0 Site Standards of the Planning and Zoning Code and more particularly 5.4.E Parking Requirements by Use to provide for minimum parking requirements for detached dwelling, attached dwellings, attached townhouse dwellings, boarding houses, lodging houses and congregate living facilities. Motion: Councilmember Weber moved for the introduction of the proposed ordinance. Councimember Warner seconded the motion. The Mayor declared the public hearing set for March 11, 2025. IN RE: A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT ACKNOWLEDGING THAT CERTAIN EMPLOYEES OF THE CITY OF FAIRMONT POLICE DEPARTMENT WHO ARE MEMBERS OF THE MUNICIPAL POLICE AND FIREFIGHTERS RETIREMENT SYSTEM (MPFRS) ON JANUARY 9, 2025, CONDUCTED A REFERENDUM WHETHER TO HAVE EXTENDED TO THEM THE SOCIAL SECURITY PROGRAM EMBODIED IN THE SOCIAL SECURITY ACT. The Clerk read the proposed resolution by synopsis. Mayor Bolyard entertained a motion for the adoption of a resolution acknowledging the vote to have the Social Security program extended to the police members of MPFRS. 10 Councimember Weber moved for the adoption of the proposed resolution. Councilmember Warner seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Bolyard entertained a motion for Council adjourn to Executive Session as per WV Code $6-9A-4(b)(2)(A) and City Charter 2.11 (a)(1)A = to discuss pending litigation in City of Fairmont V. Kirk Naternicola. Motion: Councilmember Nuzum moved for Council to adjourn to Executive Session. The motion was seconded by Councimember Moran. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:43 p.m. She noted that no business will be conducted once the meeting is reconvened. IN RE: MEETING RECONVENED Mayor Bolyard declared the meeting reconvened at 8:11 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councimember Nuzum moved to adjourn the meeting. The motion was seconded by Councimember Warner. The Mayor declared the meeting adjourned by voice vote of Council at 8:12 p.m. 11 PUBLIC HEARINGS PUBLIC HEARINGS MARCH 11, 2025 1. Fiscal Year 2025-2026 General Fund Budget. 2. An Ordinance To Approve And Adopt Current Replacement Pages To The Fairmont City Code. 3. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 2,0 Definitions And Measurements Of The Provisions Of The City Of Fairmont's Codified Planning And Zoning Code And More Particularly 2.2 Intent To Define, Redefine, Relocate And/Or Combine Certain Definitions, Namely Accessory Dwelling Unit, Boarding Houses, Lodging House And Congregate Living Facilities, Dwelling Type, Family Functional And Factual Equivalent, Group Residential Home, Housekeeping Unit, Townhouses, Consumer Fireworks, Consumer Fireworks Retail Sales Establishment, Wholesale Establishment, And Wholesale Establishment Consumer Fireworks. 4. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 3.0 Zoning Districts Of The Provisions Of The City's Codified Planning And Zoning Code To Amend And Supplement The Use Chart, Table 3-A Permitted Principal Uses, As Set Forth Below: 1. To Reflect Clarified Language Regarding Detached Dwelling, Attached Dwelling (Single-Family Duplex), Attached Townhouse Dwelling, Boarding Houses, Lodging Houses, And Congregate Facilities; 2. To Reflect Certain Stylistic Changes From Child Care Home, Child Care Facility, And Child Care Center To Day Care Home, Day Care Facility, And Day Care Center; And 3. To Add Consumer Fireworks Retail Sale Establishment, Wholesale Establishment, And Wholesale Establishment, Consumer Fire Works. 5. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 3.4 Neighborhood Residential (NR) Of The City's Codified Planning And Zoning Code To Provide For Supplemental Regulations With Regard To Pedestrian Pathways And Townhouse Parking In Said District. 6. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 4,0 Use Standards Of The Provisions Of The City's Codified Planning And Zoning And More Particularly Section 4.18 Family Functional And Factual Equivalent And 4.35 Temporary Uses ToO Establish And/Or Modify The Use Standards Relating Thereto. 7. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 5.0 Site Standards Of The Provisions Of The City's Codified Planning And Zoning Code And More Particularly Section 5.4.E Parking Requirements By Use To Provide For Minimum Parking Requirements For Detached Dwelling, Attached Dwellings (Single-Family Duplex) Attached Townhouse Dwellings, And Boarding Houses, Lodging House And Congregate Living Facilities. ITEM 1 ORDINANCE NO. AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE SYNOPSIS Various ordinances have been passed by Council which should be included in the City Code Book. This ordinance approves and adopts the ordinances as prepared and published by Walter H. Drane Company to be included in the City Code as the December 2024 replacement pages. ORDINANCE NO. AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE WHEREAS, Various ordinances of a general and permanent nature have been passed by Council, which should be included in the City Code; and WHEREAS, Council has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such revision, the adoption of which is presently before Council; NOW, THEREFORE, THE CITY OF FAIRMONT ORDAINS THAT: SECTION 1. The ordinances of the City of Fairmont, of a general and permanent nature, as revised, recodified, rearranged, and consolidated into component codes, chapters, articles, and sections within the December 2024 Replacement Pages to the City Code, are hereby approved and adopted. This Ordinance shall oecome effective thirty (30) days after adoption. Passed this the day of 2025. MAYOR ATTEST: CITY CLERK CITY A 9 FAIRMONT CHARTIRED FEBRUARY 1a, w/s S TO: Mayor and Councilmembers VIRKEN FROM: Janet Keller, City Clerk SUBJECT: Replacement Pages to City Code DATE: February 4, 2025 Listed below are the replacement pages to the City Code footnoted as the "December 2024 Replacement Pages". Preliminary Unit Updated cover page, Roster of Officials, and Index. Part One = Administrative Code Remove old pages 21 and 22 and replace with new pages. The new pages amended Article 113 of the Purchasing Code. Remove old pages 35 and 36 and replace with new pages. The new pages are updated pages of Article 143, Finance Department, and amends the reproduction costs for an automobile crash/traffic accident report. Part Nine - Street, Utilities and Public Service Code Remove old pages 22A through 22G and replace with new pages. The replacement pages allow for Sidewalk Repair and Replacement to be used out of the funds dedicated for Street Maintenance. Part Thirteen - Planning and Zoning Code Remove old pages 19 through 28 and replace with new pages. The new pages are updated Definitions for the Planning Code. Remove old pages 41 through 46 and replace with new pages. The new pages are updated pages for Article 3.0 Zoning Districts. Remove old pages 55 through 58 and replace with new pages. These pages also contain new pages for Zoning Districts and setbacks. Remove old pages 79 through 88 and replace with new pages. The new pages amend Use Standards. Remove old pages 90A and 90B and replace with new pages. The new pages amend Residential Districts. Remove old 111 through 114 and replace with new pages. This section of the code amends Site Standards. Remove old pages 115 and 116 and replace with new pages. These pages amend the Site Standards. Remove old pages 119 through 126 and replace with new pages. This section amends the Site Standards. Remove old pages 135 through 143 and replace with new pages. These pages replace the old pages that were in the Subdivision Regulations. Part Seventeen = Building and Housing Code Remove old pages 41 through 46 and replace with new pages. The new pages amend the Rental Dwelling Units portion of the City Code. INSTRUCTIONS FOR INSERTING DECEMBER 2024 REPLACEMENT PAGES FOR THE CITY CODE OF FAIRMONT, WEST VIRGINIA AlI new replacement pages bear the footnote "December 2024 Replacement" . Please discard old pages and insert these new replacement pages immediately as directed in the following table. Discard Old Pages Insert New Pages PRELIMINARY UNIT Cover and Certification Page Cover and Certification Page 15, 16 15, 16 31, 32 31,32 43 43 PART ONE - ADMINISTRATIVE CODE 21, 22 20A through 21 35, 36 35, 36 PART NINE - STREETS. UTILITIES AND PUBLIC SERVICES CODE Table of Contents Page Table of Contents Page through 4 through 4 22A through 22G 22A through 22G PART THIRTEEN - PLANNING AND ZONING CODE 19 through 28 19 through 28B 41 through 46 41 through 46 55 through 58 55 through 58 79 through 88 79 through 88 90A, 90B 90A, 90B 111 through 114 (Keep 114A thru 114H) 111 through 114 115, 116 115, 116 119 through 126 119 through 126A 135 through 143 135 through 144 PART SEVENTEEN - BUILDING AND HOUSING CODE 41 through 46 41 through 46A ITEM 2 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE2.ODEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO DEFINE, REDEFINE, RELOCATE AND/OR COMBINE CERTAIN DEFINITIONS, NAMELY ACCESSORY DWELLING UNIT, BOARDING HOUSES, LODGING HOUSE AND CONGREGATE LIVING FACILITIES, DWELLING TYPE, FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT, GROUP RESIDENTIAL HOME, HOUSEKEEPING UNIT, TOWNHOUSES, CONSUMER FIREWORKS, CONSUMER FIREWORKS RETAIL SALES ESTABLISHMENT, WHOLESALE ESTABLISHMENT, AND WHOLESALE ESTABLISHMENT CONSUMER FIREWORKS. SYNOPSIS By this proposed ordinance, if enacted, Council amends and supplements Article 2.0 Definitions and Measurements of the provisions of the City of Fairmont's Planning and Zoning Code to define, redefine, relocate and/or combine certain definitions, namely accessory dwelling unit, boarding houses, lodging house and congregate living facilities, dwelling type, family functional and factual equivalent, group residential home, housekeeping unit, townhouses, consumer fireworks, consumer fireworks retail sales establishment, wholesale establishment, and wholesale establishment consumer fireworks. The Planning Commission for the City of Fairmont on February 7, 2024, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance providing for the modifications set forth in the title. The proposed modifications are consistent with the City of Fairmont's Comprehensive Plan. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO DEFINE, REDEFINE, RELOCATE AND/OR COMBINE CERTAIN DEFINITIONS, NAMELY ACCESSORY DWELLING UNIT, BOARDING HOUSES, LODGING HOUSE AND CONGREGATE LIVING FACILITIES, DWELLING TYPE, FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT, GROUP RESIDENTIAL HOME, HOUSEKEEPING UNIT, TOWNHOUSES, CONSUMER FIREWORKS, CONSUMER FIREWORKS RETAIL SALES ESTABLISHMENT, WHOLESALE ESTABLISHMENT, AND WHOLESALE ESTABLISHMENT CONSUMER FIREWORKS. WHEREAS, the Planning Commission for the City of Fairmont on February 7, 2024, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance providing for certain amendments to the provisions of the City's codified planning and zoning code to implement the proposed modifications to Article 2.0 Definitions and Measurements set forth in the title. WHEREAS, the proposed modifications are consistent with the City of Fairmont's comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 2 Definitions and Measurements of the provisions of City's codified planning and zoning code be and is hereby amended and supplemented as follows: (Matter to be deleted stricken through; New matter double underlined) 2.2 INTENT For the purpose of interpreting this Zoning Ordinance, certain words, concepts, and ideas are defined herein. Except as defined herein, all other words used in this Zoning Ordinance shall have their everyday meaning as determined by their dictionary definition. SEVERABILITY: Ifany provision of this ordinance is invalidated by any court, commission or board of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. SAVINGS: Nothing in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending in any court, or right or rights acquired or liability incurred, or any cause or causes under any other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are hereby saved. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after adoption. Adopted this the day of 2025. MAYOR ATTEST: CITY CLERK Zoning Code Amendments Overview The following pages contain amendments to the City of Fairmont Zoning Code. To better understand the amendments, please note the following: Removed / Deleted text is indicated with a strikethrough - Deleted New text is indicated by a double underline - New text Text omitted for brevity is indicated by three dots - PC 24-08 - Text Amendment - Page 1 Last Modified: 2/18/2025 2:54 PM Staff Recommended Text Amendment 2.0 DEFINITIONS AND MEASUREMENTS 1507 (2014). and that are listed in American 2.2 INTENT Pyrotechnics Association (APA) Standard 87-1, Consumer fireworks do not include sparking devices, novelties, toy caps or modelrockets. A Consumer Fireworks Retail Sales Establishment - A A8esse/PwelIgUnE-AresaeniaHMRE unitthat retail sales. establishment having as its primary Provides-ndependendeAtwngfaelestesforone-ermore function the supply of consumer fireworks to the end Persens,ineluding POANSPAePE-RE consumer. Such sales constitute the "primary AMREaNSssNbsbRontesmepaeda-d function" of the business whensuchs sales equal at a6IAe-PHRe-Pa-dwAEunEaeoempanies-There least sixty (60) percent of the gross sales of the re-wolypes-eFADUs: business within ai fiscal or calendar year. AlachedARADVANsHEwihineratachedie aS-Age-faRlHyeweling-P-WhIChichtheADU-has 6ewPexterorpedestfian-entrance: D Detached AOV-H-aeRs debschessiwelurenthesameparelaste Dormitory A building with sleeping PARepa-dweHAgunt. accommodations, without in-room cooking facilities, for residents affiliated with an educational, religious, B or other institution. Boarding Houses, Lodging Houses, and Congregate APer-Aansre-cmwalneun. Living Facilities -A building or portion of a mixed-use Claly-aNeeesc-dhebyonumceses building that provides sleeping accommodations for wallektendingfom-tnegounde-heofeach-of no more than 16 people on a permanent basis (more whiehhas-direstacessstetheeside. than 30 consecutive days), without personal care services or separate cooking facilities for individual Dwelling or Dwelling Unit - A building, or any portion occupants. A college fraternity or sorority house used thereof, providing complete and permanent human as a residence shall be consideredat type of boarding living facilities. This term shall not apply to a hotel, house. The following restrictions shalla apply: motel, guesthouse; or other structures designed for 1. AI building that contains this use may not contain transient residence. any other residential dwelling use or transient -Aom-eangemydatgmenahudns living facilities. ega-e-or-owped-eahse-Wrome 2. A boarding house shall not include a use that family. meets the definition of hotel, dormitory, motel, 2. Atwo-familydwelling FReaAS-a-DHdnE designed residential care facility, group residential home, forereeupiedewelusiwelyby-wofamles. group residentialfacilities. or nursing home. 3. Amtulipledwelingmeansabukdinge designed-for Feeuped-sy-meretRaP-WOfOmes. Dwelling Type: C 1. Accessory Dwelling Unit - A dwelling unit, also known as an ADU, that provides independent Consumer Fireworks - Small fireworks devices that living facilities for one or more persons. including are designed to produce visible effects by provisions for sleeping, eating, cooking, and combustion that are required to comply with the sanitation on the same parcel of land as the construction, chemical composition and labeling principal dwelling unit it accompanies. There are regulations promulgated by the United States two types of ADUS: Consumer Product Safety Commission. under 16 C.F.R. (Code of Federal Regulations) Parts 1500and PC 24-08 - Text Amendment - Page 2 Last Modified: 2/18/2025 2:54 PM Staff Recommended Text Amendment A. Attached: An ADU that is within or attached family related by blood, marriage, or adoption. to a single- family dwelling in which the ADU For a Group Residential Home, a single staff has its own exterior pedestrian entrance, person may reside on the premises and shall not B. Detached - An ADU that is located in a bei included in the total number of occupants. Any detached structure on the same parcel as additional staff shall be included in the total the principal dwelling unit, number of occupants. See also Family, 2. Detached Dwelling - A dwelling unit which is designed for and occupied by notmore than one: Functional and Factually Equivalent: Group family and surrounded by open space oryards. Residential Home; and Group Residential 3. Attached Dwelling (Single-Family Duplex) - A Facility. structure containing two (2) dwelling units, totally separated from each other by an unpierced wall or floor, each of which has direct access to the G outside and surrounded by open space or yards. 4. Attached Townhouse Dwelling - Also known asa "Rowhouse. " A one-family dwelling unit, with Group Residential Facility A facility which is owned, private entrance, which is part of a structure leased or operated by a behavioral health service whose dwelling units are attached horizontally in provider and which: a linear arrangement, and having a totally 1. Provides residential services and supervision for exposedi front and rear wall to be used for access, light, and ventilation. individuals who are developmentally disabled or 5. Mixed-Use Dwelling = A dwelling unit located behaviorally disabled; within a Mixed-Use Building as permitted in the 2. Is occupied as a residence by not more than eight zoning district. Any number of these dwellings individuals who are developmentally disabled may be permitted within a Mixed- Use Building SO and not more than three supervisors or is long as all of requirements of that number of occupied as a residence by not more than twelve dwellings and other related standards are met. individuals who are behaviorally disabled and not 6. Multi-Family Dwelling Any building or structure more than three supervisors; having more than two dwelling units. 3. Is licensed by the Department of Health and Human Resources; and 4. Complies with the State Fire Commission for F residential facilities. Family, Functional And Factual Equivalent - A group Group Residential Home - A building owned or leased of unrelated individuals living together and by developmentaly disabled or behaviorally disabled functioning together as a traditional family, See the Use Standards section for this defined use for more persons for purposes of establishing a personal information.. See also Group Residential Home and residence. A behavioral health service provider may amily/Household Unit. not lease a building to such persons if the provider is providing services to the persons without a license as Family/Household Unit -All persons living in the provided for in this article. See also same household who are related by birth, marriage, Family/Household Unit and Group Residential or adoption. Additionally, family refers to the Facility. following: 1. An individual, or two (2) or more persons related by blood, marriage, adoption, or foster H relationship, living together in a dwelling unit. 2. A group of not more than four (4) unrelated Housekeeping Unit The MAMPUR-RwbeF-O: people living together as a single housekeeping uPrelated-individuals-permitted: - to - reside in-any unit in a dwelling unit sharing common facilities Single-dweIg-UREP-ne-vaNS-zoning-districts. as considered reasonably appropriate for a See-Section4.18-Ospesieations. PC 24-08, PC 25-02 - Consolidated Article 2 Text Amendments - Page 3 Last Modified: 2/18/2025 2:54 PM Staff Recommended Text Amendment W T Wholesale Establishment - The sale of commodities to retailers or jobbers and shall include the sale Townhouses of single-family- - dwelling unit commodities fort the purpose of carrying onany trade constructed-n-a-grwpoFthvee-ee-more-attached or business even if the said trade or business is the units-n-wheh-eachunitewendsfrom-foundaten-te consumer or end user of the commodity. reef-and-With-a-yar-0FPwbiewayeon-atleast-we sides: Wholesale Establishment. Consumer Fireworks - A wholesale establishment that sells consumer fireworks to a retailer or any other persons for resale Two-Family Home - See Attached Dwelling/Duplex). and any establishment selling articles of Also see the definition for Dwelling Unit. pvrotechnics, display fireworks.and: special effects to a person licensed to possess and use those devices. PC 24-08, PC 25-02 - Consolidated Article 2 Text Amendments - Page 4 Last Modified: 2/18/2025 2:54 PM ITEM 3 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, AS SET FORTH BELOW: 1. TO REFLECT CLARIFIED LANGUAGE REGARDING DETACHED DWELLING, ATTACHED DWELLING SINGLE-FAMILY DUPLEX), ATTACHED TOWNHOUSE DWELLING, BOARDING HOUSES, LODGING HOUSES, AND CONGREGATE FACILITIES; 2. TO REFLECT CERTAIN STYLISTIC CHANGES FROM CHILD CARE HOME, CHILD CARE FACILITY, AND CHILD CARE CENTER TO DAY CARE HOME, DAY CARE FACILITY, AND DAY CARE CENTER; AND 3. TO ADD CONSUMER FIREWORKS RETAIL SALE ESTABLISHMENT, WHOLESALE ESTABLISHMENT, AND WHOLESALE ESTABLISHMENT, CONSUMER FIRE WORKS SYNOPSIS By this proposed ordinance, the Council for the City of Fairmont provides for certain amendments to Article 3 Zoning Districts of the provisions of the City of Fairmont's codified planning and zoning code, and more particularly the Use Chart, Table 3-A Permitted Principal Uses as follows: 1. To reflect clarified language regarding detached dwelling, attached dwelling (single-family duplex), attached townhouse dwelling, boarding houses, lodging houses, and congregate facilities; 2. To reflect certain stylistic changes from previously adopted ordinances which changed the names of child care home, child care facility, and child care center to day care home, day care facility, and day care center; 3. To limit consumer firework retail sale establishments to Main Corridor Commercial, Highway Commercial, and Industrial Districts; 4. To limit wholesale establishments to Highway Commercial and Industrial Districts; and 5. To limit wholesale establishment, consumer fireworks to Industrial Districts. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, AS SET FORTH BELOW: 1. TO REFLECT CLARIFIED LANGUAGE REGARDING DETACHED DWELLING, ATTACHED DWELLING SINGLE-FAMILY DUPLEX), ATTACHED TOWNHOUSE DWELLING, BOARDING HOUSES, LODGING HOUSES, AND CONGREGATE FACILITIES; 2. TO REFLECT CERTAIN STYLISTIC CHANGES FROM CHILD CARE HOME, CHILD CARE FACILITY, AND CHILD CARE CENTER TO DAY CARE HOME, DAY CARE FACILITY, AND DAY CARE CENTER; AND 3. TO ADD CONSUMER FIREWORKS RETAIL SALE ESTABLISHMENT, WHOLESALE ESTABLISHMENT, AND WHOLESALE ESTABLISHMENT, CONSUMER FIRE WORKS WHEREAS, the Planning Commission for the City of Fairmont on February 7, 2025, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance providing for certain amendments to the provisions of the City 's codified planning and zoning code, to implement the proposed modifications as set forth in the ordinance title. WHEREAS, the proposed modifications are consistent with the City of Fairmont's Comprenensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 3 Zoning Districts, Use Chart, TABLE 3-A Permitted Principal Uses of the provisions of the City of Fairmont Codified Planning and Zoning Code be and is hereby amended and supplemented as follows: (Matter to be deleted stricken through; New matter double underlined) SEVERABILITY: If any provision of this ordinance is invalidated by any court, commission or board of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. SAVINGS: Nothing in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending in any court, or right or rights acquired or liability incurred, or any cause or causes under any other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are hereby saved. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after adoption. Adopted this the day of 2025. MAYOR ATTEST: CITY CLERK Zoning Code Amendments Overview The following pages contain amendments to the City of Fairmont Zoning Code. To better understand the amendments, please note the following: Removed / Deleted text is indicated with a strikethrough - Deleted New text is indicated by a double underline - New text Text omitted for brevity is indicated by three dots - PC 24-08, PC 25-01, and PC 25-02 Staff Report Page 1 Last Modified: 2/18/2025 2:58 PM 3.0 ZONING DISTRICTS 3.1 DISTRICTS ESTABLISHED For the purpose of this Ordinance, the City of Fairmont is hereby divided into the following districts: Residential Districts Commercial Districts GR General Residential HC Highway Commercial NR Neighborhood Residential T Technology MHN Manufactured Home Neighborhood Industrial MHP Mobile Home Park Special Use or Overlay Districts E Education Downtown Historic Overlay R Recreation Planned Development Area Neighborhood Commercial Districts NMU Neighborhood Mixed Use CC City Center MCC Main Corridor Commercial PC 24-08, PC 25-01, and PC 25-02 Staff Report - Page 2 Last Modified: 2/18/2025 2:58 PM 3.2 PERMITTED USES 1. Determination. The Planner shall make the provisions set forth in Article 4 of this Code, upon determination if a proposed use is permitted, a a determination of their potential for adverse conditional use, or a prohibited use under the impact. Unless a use is allowed as a "permitted provisions of this section. use by right", use permitted with conditions", 2. Substantially Similar Land Use Determinations. "conditional use", "nonconforming use", or The Planner may determine that a proposed use "temporary use", then such use is prohibited. is substantially similar to a use that is permitted 4. If the applicant disagrees with the Planner's or a conditional use established in Table 3.A determination regarding the proposed use, the based on the proposed use activities, character applicant may choose to take one of the following of the business, similarity to existing uses within actions: the city, or information on the use as may be A. The applicant may appeal the determination available from third-party land use resources of the Planner to the BZA; or such as documentation from the American B. The applicant may petition for a text Planning Association, Urban Land Institute, or amendment to the Zoning Code as outline similar organizations. If the Planner finds that the within the zoning code. proposed use is substantially similar to a use 5. Multiple Permitted Uses in a Principal Structure. established in Table 3.A, the application shall be A. Any principal building may contain more processed in the same manner as the similar than one use and organization. Each use use. must be permitted or an approved A. In finding that a proposed use is similar to a conditional use within the zoning district use established in Table 3.A, the Planner where it is located. shall make a note of the similar use in the B. Exceptions. This does not permit a structure approved application form. or parcel to exceed the maximum number of B. If the Planner makes the determination that dwellings units permitted. For example, if a au use is prohibited, the application shall not district allows both Duplexes and Detached be processed. Single-Family uses, this does not mean a 3. Uses not Expressly Permitted or Conditional. It is principal structure may contain three recognized that new types or forms of land use dwelling units, rather it may not exceed the will develop within the City of Fairmont that are limit of two dwelling units permitted within a not anticipated by this Zoning Ordinance. In order Duplex. to provide for such changes and contingencies, 6. Reading the Permitted Use Charts the classification of any new or unlisted land use A. The tables within this section identify the shall be made by the Planning Commission to uses permitted within each district, with determine if the use can reasonably be cross references to use specific standards interpreted to fit into a similar use category that may apply. The key for the tables is as described in the ordinance. The Planning follows: Commission may make such a determination i. Permitted (e) indicates that the use is after conducting a public hearing. It is also permitted by right in the district. recognized that certain allowed uses of land may ii. Conditional Use (o) indicates that the pose significant impacts to adjacent properties, use requires a Conditional Use surrounding neighborhoods, and regional approval from the Board of Zoning infrastructure. In order to provide for the Appeals. appropriate review and approval of such uses, iii. If the cell is blank, this indicates that the Planning Director may designate, in her the use is prohibited within the district. discretion, that any such uses be processed as conditional uses in accordance with the PC 24-08, PC 25-01, and PC 25-02 - Staff Report Page 3 Last Modified: 2/18/2025 2:58 PM Table 3.A Permitted Principal Uses , H W a Use Standards X Residential Single-Family Dwellings Accessory Dwelling Units (ADUS) D 4.25 Detached Dwelling Dwelling-Detached (Single-Family Attached Dwelling (Single-Family Duplex) Phelng-Dapee-Alsahad Two-Family-Homes) Attached Townhouse Dwelling -wSye o Family Other Dwellings Boarding Houses, Lodging Houses, and Congregate Facilities 9 4.18 Dormitory O 4.37 Group Residential Facilities D Group Residential Homes ) e Mobile Home Parks 4.23 Multi-Family Dwelling O O e 0 0 Residential Care Facility o e Residential Based Businesses Child Day Care Home O 4.7 Home Occupations, Minor 0 0 o ) 0 4.17 Home Occupations, Major 0 o o C 0 o 0 0 o 4.17 Live-Work Units e 4.22 Lodging Bed & Breakfast Inns 0 4.5 Hotel o O o O 4.14 Inns O 4.14 Motels O 4.14 Civic Assembly e 0 Cemetery o o O O O O 4.6 Civic Uses o O 4.9 & 4.19 College / University 0 0 0 D 4.9 Emergency Shelter O O 0 O 4.41 Medical Institution o O O O o O 4.14 Primary, / Secondary School O O o O O O 4.9 Religious Uses O O O O e 0 e e O 4.8 Commercial Accessory Structures (as a Principal Use) 4.16 Adult Entertainment O 4.2 Animal Boarding Establishment 4.44 PC 24-08, PC 25-01, and PC 25-02 - Staff Report Page 4 Last Modified: 2/18/2025 2:58 PM Table 3.A Permitted Principal Uses 5 - H 3 Use Standards Animal Care Establishment O e 4.44 Bars and Nightclubs O o O 4.4 Bars, Neighborhood O O Brewpub Car Wash O Commercial School O 0 0 O Consumer Fireworks Retail Sales Establishment Convenience Store (with Fuel Sales) O 4.11 & 4.3 Craft Production Facility (Microbrewery / Microdistillery / Microcidery) O O Crematorium O 0 4.51 Child Day Care Center e 4.7 Child Day Care Facility O o o o e 4.7 Drive-through Facilities O O 4.13 Dry Cleaning Establishments Entertainment Uses O O 0 0 Funeral Services O O D ) e 4.51 Limited Video Lottery O O 4.21 Manufacturing and Sale, Artisan 0 0 4.27 Medical Clinic o 0 Mixed-Use Buildings 0 4.22 Mobile Vending (Vehicle, Street, Sidewalk) 4.24 Nanobrewery o Office Use, not to exceed 2,500 sq ft 4.27 Office Use, not to exceed 5,000 sq ft O 4.27 Office Use, not to exceed 15,000 sq ft o 4.27 Office Use, 15,000 sq ft to 30,000: sq ft O 4.27 Office Use, exceeding 30,000 sq ft 4.10& O O O 4.27 Recreational Facilities O O O O o D 4.30 Restaurants 0 Restaurant with Alcohol Sales O o o 0 O 4.31 Retail and Service use, not to exceed 2,500 sq ft 4.27 Retail and Service use, not to exceed 5,000 sq ft 0 4.27 Retail and Service use, not to exceed 15,000 sq ft 4.27 Retail and Service use, 15,000 sq ft to 30,000 sq ft O 4.27 Retail and Service use, exceeding & 0 O O 4.10 30,000 sq ft 4.27 Retail and Services, Heavy O 4.3 Temporary Uses 4.35 PC 24-08, PC 25-01, and PC 25-02 - Staff Report - Page 5 Last Modified: 2/18/2025 2:58 PM Table 3.A Permitted Principal Uses 5 2 H W Use Standards Vehicle Repair, Major O 4.42 Vehicle Repair, Minor O 0 4.42 Vehicle Rental or Sales 4.43 Industrial Manufactured Home Sales and Service o O 4.3 & 4.32 Manufacturing, Heavy O Manufacturing, Light 4.20 & O 4.33 Outdoor Storage O 4.28 Outdoor Storage, as an accessory use o 4.28 Recycling, Indoor O Self-Storage Facility Towing Services 4.38 Warehouse or Distribution O Wholesale Establishment Wholesale Establishment, Consumer Fireworks Agriculture Agricultural Tourism O 4.50 Commercial Greenhouse e 4.47 Community Garden 0 o D o Market Farm o O O 4.48 Private Garden o 0 o o o 4.49 Urban Farm O 4.50 Infrastructure Essential Services ) o Solar Farm Wind Farm o 4.45 Wireless Communications O O o O o o O 0 4.34 Transportation Bicycle Parking Station Bus Shelters ) ) e Heliport O O O o O Parking Lot, Commercial O Parking Structure o Passenger Terminal Marina, Recreational Pedestrian or Bicycle Path Railway Facilities PC 24-08, PC 25-01, and PC 25-02 Staff Report - Page 6 Last Modified: 2/18/2025 2:58 PM 3.4 NR - Neighborhood Residential A. INTENT The Neighborhood Residential district is coded to preserve the traditional building pattern of mixed residential development, which historically has been integrated to form a vibrant, active, and cohesive neighborhood unit. B. DEVELOPMENT STANDARDS Detached Multi-Family Duplex Townhouses Civic Uses Single-Family Dwellings Lot Lot area (min) 2,400 SF 3,200 SF 1,600 SF 3,200 SF N/A Lot width (min/max) 30' / 120' 40' / 120' 15'-20 / 40' 40' / 160' N/A Lot coverage (max) 70% 70% 70% 80% 80% Building coverage (max) 60% 60% 60% 60% 70% Setbacks Front yard (min/max) 10' / 25, or 10' / 25', or 10' / 25,or 10' / 25', or Prevailing Prevailing Prevailing Prevailing Setback (min Setback (min Setback / Setback (min 10' / 25' & max)1 & max)l Prevailing & max)' Setback + 10'1 Built-to percentage, front 50% but no façade (min) greater than a 60% 80% 50% 60% N/A 40' min Side yards (min total/min each 20% of lot side) 20% of lot 20% of lot width / 5'; 20% of lot 20% of lot width / 5/2 width / 5/2 common walls width / 5'2 width / 5' Z have a setback of 0' Rear yard (min) 25' Building Height Building height, principal uses (max) 3 stories / 40' 3 stories / 40' 3 stories / 40' 3s stories / 40' 3s stories / 40' Building height, accessory Shall not buildings (max) exceed the 15' 15' 15' 15' height of the principal structure. Finished ground floor height (min/max) 0'/4' 0'/4' 0'/4" 0'/4 0'/5' Roof Slope (min) 4/12 4/12 4/12 4/12 N/A Transparency* Ground floor transparency, front facade (min) 20% 20% 20% Ground floor transparency, 20% 20% corner side facade (min) 20% Upper floors transparency, front facade (min) 15% 20% 20% Upper floors transparency, 15% 15% 20% corner side facade (min) PC 24-08, PC 25-01, and PC 25-02 - Staff Report - Page 7 Last Modified: 2/18/2025 2:58 PM Transparency, all other, ground 15% exempt floor and above facades (min) 15% for Common 15% 15% Walls Building Orientation and Pedestrian Access Main entrance location Front facade (required) 1. See Section 2.3.3.C for Prevailing Front Yard Setback. 2. See Section 2.3.3.F for Prevailing Side Yard Setback. 3. Transparency is measured according to Article 2.3.5 C. SUPPLEMENTAL REGULATIONS B. Townhouse Parking Area Exception. 1. Residential Use Only Structures Townhouses located on lots where the rear A. Entrance. Primary entrance shall be yards are not feasibly accessible due to architecturally and functionally designed on topography or other natural features may the front façade of the building facing the have a maximum of 50% parking area primary public street. Such entrances shall coverage in the front yard and for the be designed to convey their orominence on driveway to encroach upon the required five the fronting facade. (5) foot setback from the interior lot line SO B. Front Facade. The front facade of the long as no individual driveway or sidewalk is building shall extend parallel to the front lot closer than two and a half (2 1/2) feet to the frontage line. interior lot lines dividing the townhouses or C. Pedestrian Pathways. AlI residential only the centerline of the common wall of structures shall have a sidewalk which townhouses on the same lot. The sidewalk to extends from the primary entrance to the the frontage element must be separated edge of curb, edge of asphalt, or edge of from the driveway either by a raised curb ora sidewalk within the principal street. If there landscaped area except for an optional are site features which make this not maximum five (5) foot wide, mostly feasible, the Planner may approve for a perpendicular, connection. sidewalk to instead be constructed from the a. If Townhouses have a garage on the principal entrance to the secondary street. front façade, frontage elements on 2. Garages, Detached or Attached Townhouses must extend beyond the A. All garages shall be setback a minimum of portion of the front façade closest to twenty (20) feet from the property line which the front lot line into the front yard a the garage door(s) primarily faces. minimum of four feet. B. All garages with more than two bays shall be turned such that the bay are not visible from the street. 3. Exterior Lighting. See Article 5.1. 4. Architectural Requirements. See Article 5.2 5. Signs. See Article 5.3. 6. Parking. See Article 5.4. A. Location. Off-street parking shall only be permitted in the side or rear yards with the following exceptions: i. If the side and rear yard are inaccessible due to topography or permanent natural water feature, then parking may be permitted in the front yard. ii. Parking on a garage apron or driveway in the front yard shall be permitted. iii. Parking areas, driveways, and garage aprons shall not exceed 40% of the front yard area. PC 24-08, PC 25-01, and PC 25-02 - Staff Report - Page 8 Last Modified: 2/18/2025 2:58 PM REAR YARD FRONT YARD E L R.O.W. STREET REQUIRED LANDSCAPING BUFFER Figure 3.4.A Townhouse Front Yard Parking C. B Access. Vehicle access to off-street parking areas on lots with an improved alley access shall be from such alley to the maximum extent practicable. 7. Accessory Buildings and Structures. See Article 5.10. PC 24-08, PC 25-01, and PC 25-02 - Staff Report - Page 9 Last Modified: 2/18/2025 2:58 PM ITEM 4 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.4 NEIGHBORHOOD RESIDENTIAL (NR) OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO PROVIDE FOR SUPPLEMENTAL REGULATIONS WITH REGARD TO PEDESTRIAN PATHWAYS AND TOWNHOUSE PARKING IN SAID DISTRICT. SYNOPSIS By this proposed ordinance, if enacted, Council amends and supplements Article 3.4 Neighborhood Residential District to provide for supplemental regulations as follows: 1. Requiring that all residential only structures in said district have a pedestrian pathway from the primary entrance to the edge of a principal street, with limited exceptions; and 2. Permitting townhouse parking areas to be located in the front yard as an exception only based upon inaccessibility to the rear yard due topography and other natural features. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.4 NEIGHBORHOOD RESIDENTIAL (NR) OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO PROVIDE FOR SUPPLEMENTAL REGULATIONS WITH REGARD TO PEDESTRIAN PATHWAYS AND TOWNHOUSE PARKING IN SAID DISTRICT. WHEREAS, the Planning Commission for the City of Fairmont on February 7, 2025, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance providing for certain amendments to the provisions of the City's codified planning and zoning code to implement the proposed modifications as set forth in the title. WHEREAS, the proposed modifications are consistent with the City of Fairmont's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 3.4 Neighborhood Residential (NR) be and is hereby amended and supplemented as follows: (Matter to be deleted stricken through; New matter double underlined) Remainder of Page Blank SEVERABILITY: Ifany provision of this ordinance is invalidated by any court, commission or board of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. SAVINGS: Nothing in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending in any court, or right or rights acquired or liability incurred, or any cause or causes under any other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are hereby saved. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after adoption. Adopted this the day of 2025. MAYOR ATTEST: CITY CLERK 3.4 NR - Neighborhood Residential A. INTENT The Neighborhood Residential district is coded to preserve the traditional building pattern of mixed residential development, which historically has been integrated to form a vibrant, active, and cohesive neighborhood unit. B. DEVELOPMENT STANDARDS Detached Multi-Family Single-Family Duplex Townhouses Civic Uses Dwellings Lot Lot area (min) 2,400S SF 3,200 SF 1,600 SF 3,200 SF N/A Lot width (min/max) 30' / 120' 40' / 120' 15/-20 / 40' 40' / 160' N/A Lot coverage (max) 70% 70% 70% 80% 80% Building coverage (max) 60% 60% 60% 60% 70% Setbacks Front yard (min/max) 10', / 25, or 10'/ / 25,or 10' / 25', or 10' / 25,or Prevailing Prevailing Prevailing Prevailing Setback (min Setback (min Setback / Setback (min 10' /: 25' & max)! & max)l Prevailing & max)! Setback + 10'1 Built-to percentage, front 50% but no façade (min) greater than a 60% 80% 50% 60% N/A 40' min Side yards (min total/min each 20% of lot side) 20% of lot 20% of lot width /5'; 20% ofl lot 20% of lot width / 5/2 width / 5/2 common walls width / 5/2 width / 5'2 have a setback ofo' Rear yard (min) 25' Building Height Building height, principal uses (max) 3 stories / 40' 3 stories / 40' 3 stories / 40' 3 stories / 40' 3 stories / 40' Building height, accessory Shall not buildings (max) exceed the 15' 15' 15' 15' height of the principal structure. Finished ground floor height (min/max) 0'/4' 0'/4' 0'/4' 0'/4' 0'/5' Roof Slope (min) 4/12 4/12 4/12 4/12 N/A Transparency Ground floor transparency, front facade (min) 20% 20% 20% Ground floor transparency, corner side facade (min) 20% 20% 20% Upper floors transparency, front facade (min) 15% 20% 20% Upper floors transparency, corner side facade (min) 15% 15% 20% PC 25-01 - Staff Report Page 9 Last Modified: 2/18/2025 4:08 PM Transparency, all other ground 15% exempt floor and above facades (min) 15% for Common 15% 15% Walls Building Orientation and Pedestrian Access Main entrance location Front facade (required) 1. See Section 2.3.3.C for Prevailing Front Yard Setback. 2. See Section 2.3.3.F for Prevailing Side Yard Setback. 3. Transparency is measured according to Article 2.3.5 C. SUPPLEMENTAL REGULATIONS B. Townhouse Parking Area Exception. 1. Residential Use Only Structures Townhouses located on lots where the rear A. Entrance. Primary entrance shall be yards are not feasibly accessible due to architecturally and functionally designed on topography or other natural features may the front façade of the building facing the have a maximum of 50% parking area primary public street. Such entrances shall coverage in the front yard and for the be designed to convey their orominence on driveway to encroach upon the required five the fronting facade. (5) foot setback from the interior lot line SO B. Front Facade. The front facade of the long as no individual driveway or sidewalk is building shall extend parallel to the_ front lot closert than two and a half (2 1/2) feet to the frentage line. interior lot lines dividing the townhouses or C. Pedestrian Pathways. AIIL residential only the centerline of the common wall of structures shall have a sidewalk which townhouses on the same lot. The sidewalkt to extends from the primary entrance to the the frontage element must be separated edge of curb, edge of asphalt, or edge of from the driveway either by a raised curb ora sidewalk within the principal street. If there landscaped area except for an optional are site features which make this not maximum five (5) foot wide, mostly feasible. the Planner may approve for a perpendicular. connection. sidewalk to instead be constructed from the L If Townhouses have a garage on the principal entrance to the secondary street. front façade. frontage elements on 2. Garages, Detached or. Attached Townhouses must extend beyond the A. All garages shall be setback a minimum of portion of the front façade closest to twenty (20) feet from the property line which the front lot line into the front yard a the garage door(s) primarily faces. minimum of four feet. B. All garages with more than two bays shall be turned such that the bay are not visible from the street. 3. Exterior Lighting. See Article 5.1. 4. Architectural Requirements. See Article 5.2 5. Signs. See Article 5.3. 6. Parking. See Article 5.4. A. Location. Off-street parking shall only be permitted in the side or rear yards with the following exceptions: i. If the side and rear yard are naccessible due to topography or permanent natural water feature, then parking may be permitted in the front yard. ii. Parking on a garage apron or driveway in the front yard shall be permitted. iii. Parking areas, driveways, and garage aprons shall not exceed 40% of the front yard area. PC 25-01 - Staff Report - Page 10 Last Modified: 2/18/2025 4:08 PM REAR YARD FRONT YARD E R.O.W. STREET REQUIRED LANDSCAPING BUFFER Figure 3.4.A Townhouse Front Yard Parking C. B Access. Vehicle access to off-street parking areas on lots with an improved alley access shall be from such alley to the maximum extent practicable. 7. Accessory Buildings and Structures. See Article 5.10. PC 24-05 - Text Amendment - Page 11 Last Modified: 2/18/2025 4:08 PM ITEM 5 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING AND MORE PARTICULARLY SECTION 4.18 FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT AND 4.35 TEMPORARY USES TO ESTABLISH AND/OR MODIFY THE USE STANDARDS RELATING THERETO. WHEREAS, the Planning Commission for the City of Fairmont on February 7, 2025, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance providing for certain amendments to the provisions of the City's codified planning and zoning code, to implement the proposed modifications as set forth in the title. WHEREAS, the proposed modifications are consistent with the City of Fairmont's comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 4 Use Standards of the provisions of the City of Fairmont Planning and Zoning Code be and is hereby amended and supplemented as follows: (Matter to be deleted stricken through; New matter double underlined) Remainder of page blank SEVERABILITY: Ifany provision of this ordinance is invalidated by any court, commission or board of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. SAVINGS: Nothing in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending in any court, or right or rights acquired or liability incurred, or any cause or causes under any other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are hereby saved. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after adoption. Adopted this the day of 2025. MAYOR ATTEST: CITY CLERK ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING AND MORE PARTICULARLY SECTION 4.18 FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT AND 4.35 TEMPORARY USES TO ESTABLISH AND/OR MODIFY THE USE STANDARDS RELATING THERETO SYNOPSIS By this proposed ordinance, if enacted, Council amends and supplements Article 4.0 Use Standards of the provisions of the City of Fairmont's codified planning and zoning code as follows: 1. To amend Section 4.18 FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT, to require the issuance of a Conditional Use Permit to be granted upon application to the Zoning Board of Appeals based on the criteria and factors set forth in the section. In addition, the amendment provides for the deletion of "housekeeping unit,' 1 which defined the number of unrelated individuals which were permitted to reside in a single-family dwelling unit; and 2. To amend Section 4.35 TEMPORARY USES to require the issuance of a Certificate of Zoning Compliance upon application to the Planning Department based on the criteria and factors set forth in the section. Zoning Code Amendments Overview The following pages contain amendments to the City of Fairmont Zoning Code. To better understand the amendments, please note the following: Removed / Deleted text is indicated with a strikethrough - Deleted New text is indicated by a double underline New text Text omitted for brevity is indicated by three dots - PC 24-08 and PC 25-02 - Text Amendment - Page 1 Last Modified: 2/18/2025 3:10 PM 4.0 USE STANDARDS apart from minors or dependents of the adults dwelling there which may move in 4.18 FAMILY, FUNCTIONAL AND FACTUAL later or for new adults which are not EQUIVALENT HOUSEKEEPING UNIT dependents of the current occupants 1. Determination. In determining whether or not a which are newly related by marriage, group of unrelated individuals comprise a adoption. or other legal means after the functional and factual family equivalent, a approval of the Conditional Use Permit, Conditional Use Permit petition will be 3. Non-qualifying Groups. A group of individuals presented before the Zoning Board of Appeals, living in the same dwelling unit shall be which will consider, among other things, the presumed not to be a "functional family unit", following factors: as defined above, ifs such dwelling unit contains A. Whether the occupants share the entire five or more. unrelated persons whose dwelling unit or act as separate. roomers. association is temporary or seasonal in B. Whether the household has stability akin character or nature or a group whose sharing to a permanent family structure. The ofadwelling uniti is merely for convenience and criteria used to determine this test may economics. include the following: 4. College Students. A group of individuals living i. Length of stay together among the in the same dwelling unit shall be presumed occupants in the current dwelling not to be a "functional family unit", as defined unit or other dwelling units. above, if such dwelling unit contains three or ii. The presence of minor, dependent more college students over the age of sixteen children regularly residing in the years. household. A. Acollege student is a person who attends. iii. Proof of sharing expenses for food, at least half time, any college. university, rent or ownership costs, utilities, and or other institution authorized to confer other household expenses. degrees by the State of West Virginia. iv. Common ownership of furniture and B. For the purpose of this presumption, appliances among. the members of dependent children of any other member the household. of the household shall be excluded in V. Whether the household is a calculating the number of college students temporary living arrangement ora in the household. framework for transient living. 5. Rebuttal. The presumptions set forth in vi. Whether the composition of the subsections 3 and 4 of this definition may be household changes from yeart toy year rebutted by sufficient evidence of the or within the year, characteristics set forthin subsection 1of this vii. Any other factor reasonably related Use Standard. to whether or not the group of persons is the functional equivalent Re-mam-mumierdemesidaauais of ai family. perittedteresideinanysingedwelingunitinthe 2. Approval. The Conditional Use Permit shall only various Cistriets, Mse--sd-w be valid SO long as the conditions considered mlaasepemiteused-ssuseyeitadwn above are maintained and consistent, and if cendBions,era-condHuPRaISE,ShAH-beasfollows: the sharing of a dwelling unit in this nature does not cease for more than 12 months as is 1. GamsR-dmi-2reers consistent with other Conditional Uses. - -dh.l- A. Ihisapproval shall apply to those already c--wsleew living inor pursuing to live in the dwelling 4. GlyCenter-4persens; unit together at the time of the application PC 24-08 and PC 25-02 - Text Amendment - Page 2 Last Modified: 2/18/2025 3:10 PM 5. Gacwwew temporary nature,and if located in a tent 6. Highwaye Commerelal-3perens: or other temporary: structure the salesand 7. Industial-3persens; storage areas must be located at least 8. Fastery-BWÈhome-neigmborhoeds: 2persons; 100 feet from any structure used only for 9. Moblie-homeparks-2persens:and residential dwellings. 0-AIdsle-otspefifiealypowded-a. B. Truck trailers and flat beds are not permitted except for short-term delivery services. 4.35 TEMPORARY USES C. Temporary uses utilizing a tent or similar 1. Approval. All Temporary Uses must receive canopy shall secure approval from the Fire approval of a Certificate of Zoning Compliance Prevention and Training Officer of the City from the Planning Department and be located of Fairmont Fire Department. within a permitted zoning district. 5. Temporary Offices. Contractor's offices and 2. Certificate of Zoning Compliance. The real estate's offices/ trailers and equipment Certificate of Zoning Compliance may be sheds may be permitted for the period of active conditioned upon such special requirements construction or selling of units. No sleeping or as the Planner or Building Inspector may cooking accommodations are allowed. determine are necessary to achieve the 6. Produce- standsmay-be permitted fora purposes of this Ordinance and protect the mAMuR-dFSN/-menns-w-mare-e public health, safety and welfare. permitted- pe-seo-#: new 3. Produce Sales. Produce stands may be application. permitted for a maximum of six (6) months but fempeayusesehatpesemtpaidfpopety may ber re- permitted upons submission ofar new ewner-appreval-pHer-te-the-ssswance-ef-a application. MeePeeNe permit. of this Ordinance- and-condiiens-oF- the 6. 8.-E Bazaars, Carnivals, and-Circuses, and Gertificate of Zoning Compliance will similar temporary uses. The activities shall be necessiate-the-revereveeation-ofthe: Gertificate. open to the general public. Such activities 4. Retail Sales. Christmas tree sales, fireworks, outside of local event parks within the City shall book buy back, sidewalks sales, and similar be limited to ten (10) days and must comply temporary retail sales are permitted as with the requirements of Building and Fire temporary uses within nonresidential districts standards. and are limited to a maximum duration of forty- Z. Property Owner. Temporary uses shall present five (45) days within a calendar year. Ihe proof of property owner approval prior to the following standards must be met: issuance ofa permit. A. Consumer firework sales must be located 8. Revocation. Failure to meet the requirements within an approved zoning district in of this Ordinance and conditions of the accordance with the Permitted Principal Certificate of Zoning Compliance will Uses table in Article 3, regardless of their necessitate the revocation of the Certificate. PC 24-08 and PC 25-02 - Text Amendment - Page 3 Last Modified: 2/18/2025 3:10 PM ITEM 6 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY SECTION 5,4.E PARKING REQUIREMENTS BY USE TO PROVIDE FOR MINIMUM PARKING REQUIREMENTS FOR DETACHED DWELLING, ATTACHED DWELLINGS SINGLE-FAMILY DUPLEX) ATTACHED TOWNHOUSE DWELLINGS, AND BOARDING HOUSES, LODGING HOUSE AND CONGREGATE LIVING FACILITIES. SYNOPSIS By this proposed ordinance, if enacted, Council amends and supplements Article 5.0 Site Standards of the provisions of the City of Fairmont Planning and Zoning Code and more particularly Section 5.4.E Parking Requirements to provide for the minimum number of vehicle parking spaces for the use types dentified in the ordinance title. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY SECTION 5.4.E PARKING REQUIREMENTS BY USE TO PROVIDE FOR MINIMUM PARKING REQUIREMENTS FOR DETACHED DWELLING, ATTACHED DWELLINGS (SINGLE-FAMILY DUPLEX) ATTACHED TOWNHOUSE DWELLINGS, AND BOARDING HOUSES, LODGING HOUSE AND CONGREGATE LIVING FACILITIES. WHEREAS, the Planning Commission for the City of Fairmont on February 7, 2025, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance providing for certain amendments to the provisions of the City's codified planning and zoning code to implement the proposed modifications as set forth in the title. WHEREAS, the proposed modifications are consistent with the City of Fairmont's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 5.0 Site Standards and more particularly, Section 5.4.E PARKING REQUIREMENTS BY USE be and is hereby amended and supplemented as follows: (Matter to be deleted stricken through; New matter double underlined) Remainder of page blank SEVERABILITY: If any provision of this ordinance is invalidated by any court, commission or board of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. SAVINGS: Nothing in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending in any court, or right or rights acquired or liability incurred, or any cause or causes under any other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are hereby saved. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after adoption. Adopted this the day of 2025. MAYOR ATTEST: CITY CLERK Zoning Code Amendments Overview The following pages contain amendments to the City of Fairmont Zoning Code. To better understand the amendments, please note the following: Removed / Deleted text is indicated with a strikethrough - Deleted New text is indicated by a double underline - New text Text omitted for brevity is indicated by three dots - I PC24-08 - Text Amendment - Page 1 Last Modified: 2/18/2025 3:10 PM 5.0 SITE STANDARDS Table 5.4.E: Parking Requirements by Use Use Type Vehicle Parking Spaces Bike Parking Spaces (required) (required) Residential Dwelling Detached (Single-Famil; Detached Dwelling Dwelling, Duplexes (Attached Two- Family Homes); Attached Dwellings (Single-Family Duplex) 1 per 2 bedrooms None Dwelling, Townhomes Attached Townhouse DmelinsAltaehadSinge Family 1 per 1 bedroom unit Multi-Family Dwelling Units, Group 1.5 per 2 bedroom unit Residential Facility, or Dormitory 2 per 3 bedroom unit or fraction None thereof Boarding Houses, Lodging Houses,and Congregate Living Facilities 1per 4 beds plus 1 None 1 per 4 bedrooms plus 1 for Residential Care Facility each full time equivalent None employee (at typical maximum shift) Lodging Bed and Breakfast 0.6 per 1 bedroom None 0.8 per guest room in addition to the requirement for the dwelling unit for any family or household permanently residing therein. If Hotel / Inn, or Motel a restaurant in connection with 1 space per 20 bedrooms these uses is open to the public, the off-street parking facilities for the restaurant may be reduced by one-half PC 24-08 - Text Amendment - Page 2 Last Modified: 2/18/2025 3:10 PM ITEM 7 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 131 POLICE DEPARTMENT OF CHAPTER FIVE OFFICERS AND DEPARTMENTS OF PART ONE ADMINISTRATIVE CODE OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 131.01 ORGANIZATION, PERSONNEL AND PURPOSES THEREOF, TO PROVIDE FOR THE CREATION OF THE POSITION OF DEPUTY POLICE CHIEF SYNOPSIS By this proposed ordinance, the Council of the City of Fairmont provides for the creation of the position of Deputy Police Chief within the City of Fairmont Police Department. Because the position of Deputy Police Chief is created by council by ordinance it is a non-Civil service position as provided by West Virginia Code $8-14-6. The creation of the position of Deputy Police Chief will promote public safety and provide for the more efficient operation of the City of Fairmont Police Department. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 131 POLICE DEPARTMENT OF CHAPTER FIVE OFFICERS AND DEPARTMENTS OF PART ONE ADMINISTRATIVE CODE OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 131.01 ORGANIZATION, PERSONNEL AND PURPOSES THEREOF, TO PROVIDE FOR THE CREATION OF THE POSITION OF DEPUTY POLICE CHIEF WHEREAS, the provisions of Chapter 8, Article 14, Part V, Section 6 of the West Virginia Code provide that "[a]il appointments and promotions to all positions in all paid police departments of Class I and Class II cities shall be made only according to the qualifications and fitness to be ascertained by examinations, which, SO far as is practical shall be competitive. . . .except the chief or deputy chiefs of police, if the position of deputy chief of police has been previously created by the city council of that Class I or Class II may be appointed, promoted, reinstated, removed, discharged, suspended, or reduced in rank or pay as a paid member of a paid police department, regardless of rank or position of any Class I or Class II city in any manner or by any means other than those prescribed in the following sections of this article . WHEREAS, the City of Fairmont is a Class II City. WHEREAS, Section 131.01 of the Fairmont City Code provides for the organization, personnel and purposes of the City of Fairmont Police Department. WHEREAS, the Council for the City of Fairmont finds it desirable and necessary for the promotion of public safety and the efficient operation of the City of Fairmont Police Department to create the position of Deputy Police Chief within the City of Fairmont Police Department. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRMONT HEREBY ORDAINS THAT: Section 131.01 Organization, Personnel and Purpose of Article 131 Police Department of Chapter Five Officers and Departments of Part One Administrative Code of the Fairmont City Code be and is hereby amended and supplemented as follows: (Old matter bracketed; new matter double underlined) PART ONE ADMINISTRATIVE CODE CHAPTER FIVE OFFICERS AND DEPARTMENTS ARTICLE 131 POLICE DEPARTMENT SECTION 131.01 ORGANIZATION, PERSONNEL AND PURPOSE The Police Department shall comprise the Chief of Police, Deputy Chief and such other personnel, having such ranks and grades, as may from time to time be authorized by Council. The organization shall be as prescribed by the City Manager, in consultation with the Chief of police, and SO constituted as to effectively and economically accomplish its purpose. The purposes of the Police Department shall be to protect persons and property within the City, to preserved law and order therein, and to enforce therein the criminal laws of the State and the provisions of this Code and other ordinances, and resolution of Council without fear or favor. All provisions of this article are subject to State law and state and local civil service provisions relative to policemen EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after adoption. Adopted this day of / 2025. MAYOR ATTEST: CITY CLERK ITEM 8 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2050 DULY ADOPTED AUGUST 27, 2024, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, AMONG OTHERS, TO PROVIDE FOR THE FOLLOWING: 1. INCREASING THE BASE PAY FOR ALL CLASS PAY GRADES AND CLASS PAY TITLES BY 4% WITH LIMITED EXCEPTIONS; 2. CREATING CERTAIN NEW POSITIONS, ELIMINATING CERTAIN OBSOLETE POSITIONS, AND MAKING CERTAIN STYLISTIC CHANGES; AND 3. PROVIDING FOR CERTAIN INCREASES TO ADDITIONAL COMPENSATION PROVIDED BY THE FRATERNAL ORDER OF POLICE PAY PLAN SYNOPSIS By this proposed ordinance, the Council for the City of Fairmont provides for modifications to the City's existing pay plan which was adopted by Ordinance No. 2050. The proposed changes and modifications are as follows: 1. A 4% base pay increase for all Class Pay Grades and Class Pay Titles except Auto Heavy Equipment Mechanic, Vacant Structure Manager and Deputy Building Inspector. 2. Reclassification/increases relative to the following positions as noted: a. Auto Heavy Equipment Mechanic from a Class Pay Grade of 150 to a Class Pay Grade of 165. b. Deputy Building Inspector, which is a Class Pay Grade 445, received an additional 2% base pay increase. C. Program Manager was separated into two distinct positions being Communications Manager and Vacant Structure Manager. Vacant Structure Manager is reclassified from a Class Pay Grade 420 to a Class Pay Grade 436. Communications Manager remains at a Class Pay Grade 420. 3. Creating the new position of Information Technology Technician - Class Pay Grade 530. 4. Creating the new position of Deputy Police Chief - Class Pay Grade 738. 5. Stylistically changing the Class Title of Information Technology Technician - Class Pay Grade 561 to Information Technology Manager at the same Class Pay Grade. 6. Eliminating the following obsolete positions: Accounting Clerk 315 Deputy City Clerk 325 Purchasing Assistant 330 Delinquent Accounts Clerk 331 Senior Accounting Clerk 335 Parks and Recreation Coordinator 532 7. Increasing base pay in lieu of shift differential for the Fraternal Order of Police Pay Plan from $.45/hour to $1.00/hour. 8. Increasing the Annual Uniform Cleaning Allowance for the Fraternal Order of Police Pay Plan from $605.80 to $650.00. These changes have been recommended by the City Manager. If adopted, the increases and changes provided for by this ordinance shall become effective on July 7, 2025. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2050 DULY ADOPTED AUGUST 27, 2024, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, AMONG OTHERS, TO PROVIDE FOR THE FOLLOWING: 1. INCREASING THE BASE PAY FOR ALL CLASS PAY GRADES AND CLASS PAY TITLES BY 4% WITH LIMITED EXCEPTIONS; 2. CREATING CERTAIN NEW POSITIONS, ELIMINATING CERTAIN OBSOLETE POSITIONS, AND MAKING CERTAIN STYLISTIC CHANGES; AND 3. PROVIDING FOR CERTAIN INCREASES TO ADDITIONAL COMPENSATION PROVIDED BY THE FRATERNAL ORDER OF POLICE PAY PLAN WHEREAS, pursuant to the provisions of West Virginia Code $8-5-12, the salary and compensation of the officers, positions, and employees of the City of Fairmont has been fixed by ordinance, being Ordinance No. 2050. WHEREAS, the City Manager has recommended the modifications to the City's existing pay plan as set forth in the ordinance title. WHEREAS, Council finds it reasonable and necessary to amend and supplement Ordinance No. 2050 to provide for the changes recommended by the City Manager. NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: Ordinance No. 2050 shall be and the same is hereby amended and supplemented as follows; (Matter to be deleted bracketed; new matter double underlined) Remainder of page blank CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES STEELWORKERS PAY PLAN EFFECTIVE DATE: SEPTEMBER 30, 2024] JULY7,2025 Class Pay [Class Base Class Base Grade Class Pay Title Pay] Pay 100 Auto Service Person [$ 28,361.00] $ 29,495.00 105 Utility Accounting Clerk [$ 32,457.00] $ 33,755.00 107 Inventory Control Clerk [$ 37,853.00] $ 39,367.00 110 Plumber/Pipefitter [$ 38,508.00] $ 40,048.00 120 Equipment Operator II [$ 38,508.00] $ 40,048.00 125 Customer Service Representative [$ 38,508.00] $ 40,048.00 130 Equipment Operator III [$ 39,658.00] $ 41,244.00 135 Customer Service Representative I [$ 39,658.00] $ 41,244.00 140 Utility Equipment Operator [$ 39,658.00] $ 41,244.00 145 Mechaniç Operator [$ 39,658.00] b 41,244.00 [150] [Auto-Heavy Equipment Mechanic] [$ 40,629.00] à 160 Traffic Skilled Technician [$ 40,629.00] $ 42,254.00 165 Auto-Heavy Equipment Mechanic [$ 40,629.00] 5 45,000.00 170 Wastewater Treatment Plant Operator [$ 44,252.00] $ 46,022.00 175 Water Treatment Plant Operator [$ 44,252.00] $ 46,022.00 177 Wastewater Treatment Plant Mechanic [$ 44,252.00] $ 46,022.00 180 Wastewater Treatment Plant Electrician [$ 44,252.00] $ 46,022.00 185 Water Treatment Plant Electrician [$ 44,252.00] $ 46,022.00 190 Lift Station Maintenance Technician [$ 44,252. 00] $ 46,022.00 ADDITIONAL COMPENSATION Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service PSC Meter Certification - $.39/hour Position Description Mandated CDL Certification -$0.75/hour WVDOH Roads Scholar - $0.85/hour Class I - IV Water/Wastewater - $0.85/hour (passing exam $0.43/hr, required hours $0.42/hr) State of WV Lab Certification (Microbiology) Water/Wastewater - $0.85/hour WVBPH Water Distribution System Certification - $0.85/hour WVBPH Wastewater Collection System Certification - $0.85/hour Position Description Mandated Backflow Coordinator Certification - $0.85/hour Shift Differential - $1.65/hour for the third (afternoon) shift Shift Differential - $1.85/hour for the first (midnight) shift Shift Differential - $1.85/hour for the 6:00 p.m. - 6:00 a.m. shift Alternative Health Care Benefit - $3,500.00 annually CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES FRATERNAL ORDER OF POLICE PAY PLAN EFFECTIVE DATE: [SEPTEMBER 30, 2024] JULY 7, 2025 Class Pay [Class Base Grade Class Pay Title Pay] Class Base Pay 200 Probationary Patrol Officer [$ 51,536.00] $ 53,597.00 205 Patrol Officer [$ 57,699.00] $ 60,007.00 210 Detective [$ 57,699.00] $ 60,007.00 225 Sergeant [$ 63,116.00] $ 65,641.00 230 Detective Sergeant [$ 63,116.00] $ 65,641.00 235 Lieutenant [$ 69,787.00] $ 72,578.00 240 Detective Lieutenant [$ 69,787.00] $ 72,578.00 ADDITIONAL COMPENSATION Longevity Pay - $155 per year of service beginning on the first full pay period of the year of the first anniversary and continuing for each subsequent year of service Police Officer Canine Pay-Minimum wage as established from time to time by West Virginia Code $21-5C-2 with a maximum pay based on 10 hours per pay Base pay in lieu of Shift Differential - $0.45/hour) $1.00/hour Annual Uniform Cleaning Allowance of [$605.80] $650.00 - not included in base pay Police Officer with a Bachelor's Degree from Accredited College or University - $0.34/hour Officer in Charge - hourly pay difference from Patrol Officer First Class to Sergeant for hours worked as Sergeant OIC Officer in Charge - hourly pay difference from Sergeant to Lieutenant for hours worked as Lieutenant OIC Alternative Health Care Benefit - $3,500.00 annually One time monetary incentive of $10,000.00, payable on the first payday following the date of hire, for recruitment of a newly hired Probationay Patrol Officer with an active and valid West Virginia Law Enforcement Certification; subject to reimbursement on a prorated basis within the first three years of employment for voluntary termination West Virginia Law Enforcement Certification Pay - $500.00 per year of service beginning on the first full pay period following presentation of a valid West Virginia Law Enforcement certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (WVLEC Certification pay is from date on certificate, not retroactive to date of hire.) CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS EFFECTIVE DATE: SEPTEMBER 30, 2024] JULY7, 2025 Class Pay [Class Base Class Base Grade Class Pay Title Pay] Pay 250 Probationary Firefighter [$ 45,676.00] $ 47,503.00 255 Firefighter Apprenticeship - [$ 47,934.00] $ 49,851.00 260 Firefighter Apprenticeship II [$ 49,113.00] $ 51,078.00 265 Firefighter [$ 51,678.00] $ 53,745.00 270 Fire Lieutenant [$ 55,506.00] $ 57,726.00 275 Fire Captain [$ 60,848.00] $ 63,282.00 ADDITIONAL COMPENSATION Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Alternative Health Care Benefit - $3,500.00 annually Base pay in lieu of Shift Differential - $0.40/hour Firefighter who holds a degree in Fire Science from Accredited College or University or a Firefighter with a Bachelor's Degree from Accredited College or University- $0.34/hour Fire Prevention and Training Officer Special Assignment Pay - $10,000/annualy Officer in Charge - hourly pay difference from Firefigher to Fire Lieutenant for hours worked as Fire Lieutenant OIC in Central Station Officer in Charge - hourly pay difference from Fire Lieutenant to Fire Captain for hours worked as Fire Captain OIC in Central Station JATC Certification (Joint Apprenticeship Training Committee) - $500.00 per year of service beginning on the first full pay period following presentation of a valid JATC Certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (JATC Certification pay is from date on certificate, not retroactive to date of hire.) CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, NON-EXEMPT EMPLOYEES' PAY PLAN EFFECTIVE DATE: [SEPTEMBER 30, 2024] JULY7, 2025 Class Pay [Class Base Grade Class Pay Title Pay] Class Base Pay 305 Parking Enforcement Officer [$33,996.00] 35,356.00 310 Police Records Clerk [$33,996.00] b 35,356.00 [315] [Accounting Clerk] [$36,037.00] $ 321 Staff Assistant [$36,037.00] $ 37,478.00 [325] [Deputy City Clerk] [$36,037.00] $ [330] [Purchasing Assistant] ($36,037.00 $ [331] Delinquent Accounts Clerk] [$39,110.00] * [335] [Senior Accounting Clerk] [$39,993.00] $ 340 Senior Staff Assistant [$40,440.00] $ 42,058.00 345 Executive Accounting Clerk [$40,440.00] 5 42,058.00 355 Executive Staff Assistant [$41,651.00] 43,317.00 360 Customer Relations Manager/Auditor [$41,651.00] 6 43,317.00 361 Office Manager [$42,617.00] 44,322.00 362 Purchasing Coordinator [$42,617.00] 44,322.00 370 Accounts Payable [$43,616.00] b 45,361.00 371 Payroll Clerk [$43,616.00] f 45,361.00 400 Engineering Technician [$44,051.00] f 45,813.00 405 Construction Inspector [$44,051.00] $ 45,813.00 410 Code Enforcement Officer [$44,051.00] 45,813.00 415 Customer Service Supervisor [$44,051.00] 45,813.00 [420] [Program Manager] [$44,572.00] 420 Communications Manager 46,355.00 425 Municipal Court Clerk [$45,074.00] h 46,877.00 430 B&O Tax Manager [$45,074.00] $ 46,877.00 435 Utility Billing Manager [$45,074.00] $ 46,877.00 440 Code/Housing Officer [$45,074.00] $ 46,877.00 441 Assistant IT Technician [$45,074.00] $ 46,877.00 436 Vacant Structure Manager $ 47,355.00 442 Maintenance Superintendent [$46,207.00] b 48,055.00 443 Administrative Assistant [$46,312.00] $ 48,164.00 444 Assistant Planner (Planner I) [$46,918.00] $ 48,795.00 445 Deputy Building Inspector [$47,192.00] $ 50,080.00 450 Assistant Field Services Supervisor [$49,147.00] $ 51,113.00 455 Assistant Supervisor/Meter CSR [$49,147.00] $ 51,113.00 456 Assistant supervsorstomwater [$49,147.00] $ 51,113.00 460 Traffic Supervisor [$49,147.00] $ 51,113.00 470 Seasonal Crossing Guards Hourly Hourly 475 Part-time Parking Enforcement Officer Hourly Hourly 480 Part-time Seasonal Employees Hourly Hourly 481 Part-time Seasonal Code Enforcement Hourly Hourly 485 Summer/Student Intern Appointment Hourly Hourly 486 Part-Time Legal Assistant Hourly Hourly CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, NON-EXEMPT EMPLOYEES' PAY PLAN EFFECTIVE DATE: [SEPTEMBER 30, 2024] JULY7,2025 A. Position Related Certification Pay i. Utility & Public Works Positions PSC Meter Certification - $0.39/hour Position Description Mandated CDL Certification $0.75/hour WVDOH Roads Scholar $0.79/hour Class I - IV Water/Wastewater: - $0.79/hour State of WV Lab Certification (Microbiology) Water/Wastewater - $0.79/hour WVBPH Water Distribution System Certification - $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour ii. Building inspection & Code Enforcement Positions Certification in any discipline by passage of ICC exam - $0.45/hour Asbestos Certification - $0.45/hour WV State Journeyman Electrical License - $0.45/hour Building Code Official - $1.95/hour (replaces $0. 39/hour individually) Electrical Code Official - $1.95/hour (replaces $0.39/hour individually) Mechanical Code Official - $1.95/hour (replaces $0.39/hour individually) Plumbing Code Official - $1.95/hour (replaces $0.39/hour individually) Fire Prevention Code Official - $1.95/hour (replaces $0.39/hour individually) Certified Building Official - $1.95/hour (replaces $0.39/hour individually) B. Other Additional Compensation Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Alternative Health Care Benefit - $3,500.00 annually Unclassified Groups/Positions ADA Coordinator Special Assignment Pay - $1,500.00 Part Time and Seasonal Employees - Federal Minimum Wage Hourly to $15.00 per hour; Summer/Student Intern Appointment - $8.75 to $15.00 per hour Other Part-time positions calculated and paid at hourly rate for Class Pay Title Base Rate CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTE, EXEMPT EMPLOYEES PAY PLAN EFFECTIVE DATE: [SEPTEMBER 30, 2024] JULY7,2025 Class Pay [Class Base Class Base Class Pay Title Grade Pay] Pay 530 Information Technology Technician $ 51,113.00 [532] [Parks and Recreation Coordinator [$ 50,047.00] $ 533 Accountant [$ 50,626.00] $ 52,651.00 535 Environmental Technician Pretreatment Coordinator [$ 52,818.00] $ 54,931.00 540 Secretary/Treasurer [$ 55,160.00] $ 57,366.00 545 Public Works Operations Supervisor [$ 57,076.00] $ 59,359.00 546 Grant Administrator [$ 58,296.00] $ 60,628.00 549 Human Resource Manager [$ 61,179.00] $ 63,626.00 550 Assistant Finance Director [$ 61,179.00] $ 63,626.00 555 City Planner (Planner II) [$ 61,373.00] $ 63,828.00 560 Assistant Engineer [$ 61,960.00] $ 64,438.00 561 Information Technology [Technician) Manager [$ 62,289.00] $ 64,781.00 570 WWTP Superintendent [$ 67,584.00] $ 70,287.00 575 Water Pumping & Treatment Supervisor [$ 67,584.00] $ 70,287.00 580 Wet Weather Program Manager [$ 67,584.00] $ 70,287.00 585 Field Services Supervisor [$ 67,584.00] $ 70,287.00 590 Senior Engineer [$ 71,999.00] $ 74,879.00 Position-related Certification Pay Utilities: Class I - IV Water/Wastewater: - $0.79/hour State of WV Lab Certification (Microbiology) Water/Wastewater - $0.79/hour WVBPH Water Distribution System Certification - $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour ADDITIONAL COMPENSATION: Longevity Pay - $155 per year of service beginning on the first full pay period of the year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Position Description Mandated CDL Certification - $0.75/hour Alternative Health Care Benefit - $3,500.00 annually CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN EFFECTIVE DATE: SEPTEMBER 30, 2024] JULYZ, 2025 Class Pay [Class Base Class Base Grade Class Pay Title Pay] Pay 700 Building Inspector [$ 71,520.00] $ 74,381.00 720 City Clerk [$ 72,982.00] $ 75,901.00 725 Utility Controller [$ 74,382.00] $ 77,357.00 730 Public Works Director [$ 75,060.00] $ 78,062.00 735 Dir of Planning & Development [$ 80,080.00] $ 83,283.00 738 Deputy Police Chief $ 86,000.00 740 Finance Director [$ 85,793.00] $ 89,225.00 745 Police Chief [$ 87,274.00] $ 90,765.00 750 Fire Chief [$ 87,274.00] $ 90,765.00 755 Professional Engineer [$ 88,891.00] $ 92,447.00 760 Utility Manager [$ 93,254.00] $ 96,984.00 765 City Manager [$ 125,000.00] $ 125,000.00 770 City Attorney [$ 107,347.00] $ 111,641.00 775 Municipal Judge (Part Time) [$ 27,295.00] $ 28,387.00 A. Position-related Certification Pay Building Inspection, Code Enforcement and Utilities, Excludes Professional Engineer: Certification in any discipline by passage of ICC exam - $0.45/hour Asbestos Certification - $0.45/hour WV State Journeyman Electrical License - $0.45/hour Building Code Official - $1.95/hour (replaces $0.39/hour individually) Electrical Code Official - $1.95/hour (replaces $0.39/hour individually) Mechanical Code Official - $1.95/hour (replaces $0.39/hour individually) Plumbing Code Official - $1.95/hour (replaces 0.39/hour individually) Fire Prevention Code Official - $1.95/hour (replaces $0.39/hour individually) Certified Building Official - $1.95/hour (replaces $0.39/hour individually) Certified Municipal Clerk IIMC (International Institute of Municipal Clerks) - $1.10/hour Class I - VWater/Wastewater - $0.79/hour State of WV Lab Certification (Microbiology) Water/Wastewater - $0.79/hour WVBPH Water Distribution System Certification - $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour AICP Certification - American Institute of Certified Planners - $.79/hour B. Other additional Compensation Longevity Pay - $155 per year of service oeginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Alternative Health Care Benefit - $3,500.00 annually CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN EFFECTIVE DATE: [SEPTEMBER 30, 2024] JULY7, 2025 West Virginia Law Enforcement Certification Pay - $500.00 per year of service beginning on the first full pay period following presentation of a valid West Virginia Law Enforcement certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (WVLEC Certification pay is from date on certificate, not retroactive to date of hire.) JATC Certification (Joint Apprenticeship Training Committee) - $500.00 per year of service beginning on the first full pay period following presentation of a valid JATC Certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (JATC Certification pay is from date on certificate, not retroactive to date of hire.) SEVERABILITY: If any provision of this ordinance is invalidated by any court, commission or board of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after adoption; provided however, notwithstanding the effective date the increases and changes provided for herein shall not become effective until July 7, 2025. Adopted this the day of 2025. MAYOR ATTEST: CITY CLERK ITEM 9 A RESOLUTION APPROVING THE CITY OF FAIRMONT'S FISCAL YEAR 2025-2026 CITY BUDGETS: GENERAL FUND AND COAL SEVERANCE SYNOPSIS This Resolution hereby approves the City of Fairmont's Fiscal Year 2025-2026 City Budgets for General Fund and Coal Severance. A RESOLUTION APPROVING THE CITY OF FAIRMONT'S FISCAL YEAR 2025-2026 CITY BUDGETS: GENERAL FUND AND COAL SEVERANCE WHEREAS, pursuant to Notice duly published in the Times-West Virginian on February 28, 2025 and March 7, 2025, a public hearing was convened on March 11, 2025 to obtain citizens input on the proposed FY 2025- 2026 City Budgets. WHEREAS, at a regular session of the Fairmont City Council, held on the 11th day of March, 2025 the following order was made and entered: SUBJECT: Fiscal Year 2025-2026 City Budgets: General Fund and Coal Severance. NOW, THEREFORE, BE IT RESOLVED that the Fairmont City Council does hereby direct that the budget be approved as submitted, a copy of which is entered as part of this record. Passed this the 11th day of March, 2025. MAYOR ATTEST: CITY CLERK