Other provisions for residential uses are as follows:
(a) Area and Width. A single-family dwelling may be located on any lot in any district in which single-family dwellings are permitted if the lot was in single ownership or included in a subdivision which was of record in the office of the County Court Clerk of Harrison County, West Virginia, at the time of passage of this Zoning Ordinance, or any replat of such subdivision or part thereof when approved by the Planning Commission, even though the lot does not have the minimum lot width or the minimum lot area specified for the district.
(b) Rear Yard. One-half of an alley abutting the rear lot may be included in the required rear yard.
(c) Front Yard.
(1) Where twenty-five percent (25%) or more of the lots in the block are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block.
(2) Front yard or setback lines established in a recorded subdivision shall establish the dimension of front yards in such subdivisions, except when such setback lines may be less restrictive as provided in Section 1301.03.
(3) On through lots, a front yard is required on each street.
(d) Tapered Yard. Where a reversed interior lot abuts a corner lot or an alley separating such lots, an accessory building located on the rear lot line of a corner lot shall set back from the side street as far as the dwelling on the reversed interior lot. For each foot that such accessory building to placed from the rear line toward the front line of the corner lot, the accessory building may be set four inches closer to the side street line, but in no case closer than five (5) feet.
(e) Height. In the districts limiting height to twenty (20) feet, a dwelling may be increased in height not to exceed thirty-five (35) feet provided the required side yards are increased an additional foot for each foot such structure exceeds twenty (20) feet in height.
(f) Accessory Buildings and Use.
(1) Accessory buildings are permitted in all districts, but not prior to the erection of the principal building, except for strictly storage purposes and not for human occupancy.
(2) No accessory building shall be located closer to a side lot line than required for the side yard of the principal building on the lot, nor closer than five (5) feet from the rear property line, nor exceed fourteen (14) feet in height and, if detached from the principal building shall be set back at least fifty (50) feet from the front line of the lot.
(3) Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, name plates, lampposts, bird baths and structures of a like nature are permitted in any required front, side or rear yard. Fences, latticework screens, hedges or walls not more than seven (7) feet in height may be located in the required side or rear yard and a hedge or fence maintained so as not to exceed four (4) feet in height above the surface of the ground on the inside of the hedge or fence and maintained and constructed to conform to the further provisions of this article, may be located in any front yard. Such hedge must be kept trimmed so that it does not exceed four (4) feet in height and so that it does not encroach onto any public sidewalk, street, alley or way.
A gate or entrance way shall be provided having an unobstructed width of at least three (3) feet for the purpose of allowing an entrance and access by members of the Fire Department with one or more lines of fire hose. Front yard fences on corner lots shall comply with all the restrictions upon sight obstructions with respect to corner lots. Such front yard fence shall be constructed and maintained in an attractive condition to conform to the building and aesthetic standards of the zone and neighborhood in which such fence is located, and which fence shall not be constructed in a manner having sharp protrusions or other (dangerous) features, but shall be constructed so as to conform to accepted safety standards, with the Building Inspector being authorized hereby to enforce the maintenance of such standards, subject to the review by the Board of Zoning Appeals. Nothing contained in this Zoning Ordinance shall be deemed to prohibit the construction or maintenance of a fence of any height in connection with an authorized agricultural use. Trees, shrubs, flowers or plants shall be permitted in any required front, side or rear yard.
(4) Within any residential district (R-1, R-2, R-3, R-4, and RB), no person shall be permitted to park any motor vehicle in any front yard or use any part of a front yard for a parking space for any motor vehicle unless the following conditions are, met:
A. A parking pad shall be constructed with a minimum area of nine (9) feet by twenty (20) feet.
B. Each parking spot or pad shall be at least nine (9) feet wide and twenty (20) feet long per vehicle. The parking spot cannot encroach upon the sidewalk or entrance walk to the dwelling nor be within two (2) feet of the side lot line. if there is no sidewalk, the parking space shall not encroach upon the street right of way. If the right- of-way line is within two (2) feet of the curb, an additional front yard setback of two (2) feet shall be required.
C. The parking area and approach shall be properly drained, have an adequate sub-base, be surfaced with asphalt or concrete and shall be maintained by the property owner.
D. The use of the parking space shall be limited to passenger cars or pickup trucks only.
E. The approach to the parking area shall be by drop curb and heavy- duty concrete sidewalk as specified by the City Engineering Department.
F. All curb cuts and sidewalk replacements on City property shall be done by owner and the cost paid by the property owner prior to the start of the work based on engineering estimates.
G. A building permit is required before construction may begin for any such parking pad which shall be determined by an Engineering Department Official depending on the value of the work.
(Ord. 86-38. Passed 8-21-86.)