(a) The following zoning districts have been developed for the Town of Fayetteville:
(1) Single Family Residential (R-1)
(2) Multi-family Residential (R-2)
(3) Mixed Use (MU)
(4) General Commercial (C-1)
(5) Conservation (C)
(6) Neighborhood Commercial (NC)
(7) Scenic Overlay (SO)
(b) The boundaries of all zoning districts are shown on the zoning map, which is the official zoning map for the Town of Fayetteville. The map is part of this ordinance and is included at the end of this code in Appendix 1.
(c) The use table provides a quick reference to uses permitted by right or conditional in each district. The use table is part of this Zoning Ordinance and is attached at the end of this code in Appendix 2.
(d) The district boundaries on the Town of Fayetteville Zoning Map are intended to follow property lines; centerlines of roads, water courses, or railroads; other identifiable physical features; or measured distances from property lines, centerlines or identifiable physical features. When the zoning officer cannot determine the location of a zoning district boundary by reference to the zoning district map, the zoning officer shall refuse action; and the Board of Zoning Appeals shall interpret the location of the district boundary with reference to the scale of the map, the comprehensive plan, and the purposes set forth in all relevant provisions of this code, provided that no boundary shall be changed by the Board of Zoning Appeals. When a district boundary line divides a lot held in single or separate ownership at the effective date of this code, the permitted use on the lot is limited to those uses permitted in the zoning district in which the largest part of the lot is located, and the smaller part of the lot located in a another zoning district will be subject to the code provisions where the largest portion of the lot is located.
(e) Unless a use is allowed as a “permitted use by right,” “conditional use,” “accessory use,” “nonconforming use,” or “temporary use,” then such use is prohibited.
(f) Zoning of Annexed Lands. Zoning classification for any land annexed into the Town shall be established by ordinance, pursuant to Chapter 8A, Article 7, simultaneously with the adoption of the annexation resolution required by West Virginia Code, Chapter 8, Article 6, as amended. Town Council shall hear zoning recommendations from the Planning Commission for the subject area during the required hearing for annexation. Prior to any hearings, the Fayetteville Planning Commission shall submit its written recommendations, to be consistent with the comprehensive plan, to Town Council at least thirty (30) days prior to the hearing for annexation.
(g) Prior to the annexation hearing and formal zoning designation of any parcel(s) of land being annexed, the Town shall, at least thirty (30) days prior to the enactment of the zoning map amendment:
(1) Give written notice, by certified mail, to the landowner(s) whose property is directly involved in the proposed amendment; and
(2) Publish a notice of the proposed amendment to the Zoning Map as a Class II-0 legal advertisement, pursuant to West Virginia Code Chapter 59.
(h) After the required thirty (30) day notice period ends, and the property owner(s) have been notified by certified mail, the Town Council shall hold a public hearing regarding the zoning designation of the newly annexed land. After the hearing Town Council can, by ordinance, designate the zoning districts for the annexed land.
(Passed 7-7-22.)