APPENDIX 2:
USE TABLE

Town of Fayetteville Zoning Ordinance Use Table

P = Permitted (“By Right”); C = Conditional (Board of Zoning Appeals)

USES
Uses	Single-Family	Multi-Family	Mixed Use	General Commercial	Conservation	Neighborhood Commercial
Adult Business				C
Airport				C
Amphitheater				P	C
Animal Hospital/Veterinary Office				P
Automobile Car Wash				P
Automobile Repair/Service				P
Bakery			P	P		C
Bank/Financial Institution			P	P
Bed and Breakfast Inn I	P	P	P	P	P	P
Bed and Breakfast Inn II		C	C	C		P
Boarding House and/or Rooming House	P	P	P
Boat and Marine Sales/Service				P

 

USES
Uses	Single-Family	Multi-Family	Mixed Use	General Commercial	Conservation	Neighborhood Commercial

Boat Storage				P
Brewery Pub			P	P		C
Broadcasting Studio				P
Building Material Facility				P
Bus & Transit Facilities			C	P
Bus/Other Transit Shelter			C	P		C
Camp, Youth					P	P
Campground				P
Catering Business			P	P		P
Cemetery/Mausoleum					C
Child Care Center				P		P
Child Care Facility				P		P
Child Care Home	P		P
Clinic			P	P
Community Facility, Private			P	P
Continuing Care Facility			C	P

 

USES
Uses	Single-Family	Multi-Family	Mixed Use	General Commercial	Conservation	Neighborhood Commercial

Convenience Store			P	P		C
Conversion of Old School/Church	C		P
Correctional Facility				P
Country Inn						P
Cultural Service			P	P		C
Distribution Facility				P
Distillery				P		C
Dog Day Care			C	P		C
Drive-through Facility			P	P
Dry Cleaner			P	P
Dwelling, Conversion Apartment			C
Dwelling, Garage Conversion			C
Dwelling, Mixed Use			P			P
Dwelling, Single-Family	P		P			P
Educational Institution				P		C
Emergency Shelter			P	P		P

 

USES
Uses	Single-Family	Multi-Family	Mixed Use	General Commercial	Conservation	Neighborhood Commercial

Equipment Rental/Repair				P
Essential Utilities and Equipment	P	P	P	P	P	P
Event, Mass Gathering				P		P
Event, Special			C	P		P
Extractive Industry				P
Factory-Built Home	P		P	P
Factory-built Home Rental Community				C
Farm Equipment/Construction Equipment and Supply Sales				P
Farmer’s Market			P	P		P
Flea Market			C	C		C
Freight Terminal				P
Funeral Home/Mortuary			P	P
Garage, Community		P				P
Garage, Private	P	P	P	P		P

 

USES
Uses	Single-Family	Multi-Family	Mixed Use	General Commercial	Conservation	Neighborhood Commercial

Garden Center				P		C
Gas Station				P
Gas Station, Large				P
Governmental Operations			P	P
Greenhouse, Noncommercial	C	C	C	P		P
Greenhouse, Commercial				C
Group Residential Facility	P	P	P	P	P	P
Group Residential Home	P	P	P	P	P	P
Health Club			C	P		C
Home-based Business (Low-Impact)	C	C	C			C
Home-based Business (No-Impact)	P	P	P			P
Hospital				P
Hostel		P
Hotel/Motel			P	P
Kennel				P		C
Laundromat		P	P	P
Liquor Store			P	P

 

USES
Uses	Single-Family	Multi-Family	Mixed Use	General Commercial	Conservation	Neighborhood Commercial

Lumberyard				P
Manufacturing (light)				P
Medical Adult Day Care Center			C	P		C
Medical Cannabis Dispensary				P
Medical Cannabis Organization, Health Care				P
Multi-Family Housing		P	P	P		P
Night Club				C
Office Supply Services or Establishment			P	P
Parcel Delivery Facility				P
Park	P	P	P	P	P	P
Parking Structure			C	P		C
Personal Service			P	P		P
Pet Shop			P	P
Pharmacy			P	P
Photographic Studio			P	P		P

 

USES
Uses	Single-Family	Multi-Family	Mixed Use	General Commercial	Conservation	Neighborhood Commercial

Places of Worship/Religious Institution	P	P	P	P	P	P
Private Club				P		C
Professional Services			P	P		P
Reception Facility				P		P
Recreation, Commercial Indoor			P	P		C
Recreation, Commercial Outdoor				P		C
Recreation, Municipal	P	P	P	P	P	P
Recycling Facility*				P
Research and Development				C		C
Restaurant (Carry Out)			P	P		P
Restaurant (Fast Food)				P
Restaurant (Sit Down)			P	P		P
Resort				P		C
Retail Store/Shop <25,000 square feet			P	P		C

 

USES
Uses	Single-Family	Multi-Family	Mixed Use	General Commercial	Conservation	Neighborhood Commercial

Retail Store/Shop > 25,000 square feet				P
School, Commercial				P		C
School, Preschool-12	P		P	P		C
Self-Storage Facility				P
Senior Independent Housing			P	P	P	C
Sewage Treatment Facility				C
Shopping Center				P		C
Solar Energy System, Large				C
Solar Energy System, Small	C	C	C	C		C
Sports Arena				P
Studio, Dancing, Music, or Art			P	P		P
Tattoo Parlor/Body Piercing Studio			P	P		P
Tavern/Drinking Establishment I			P	P		P
Theater			P	P		C

 

USES
Uses	Single-Family	Multi-Family	Mixed Use	General Commercial	Conservation	Neighborhood Commercial

Theater, Drive-In				P
Travel Plaza				P
Truck Terminal				P
Vehicle Sales/Rental and Service				P
Video Gaming or Lottery Establishment			C	P		C
Warehouse				P
Water Treatment Plant					P
Wholesale Establishment				P
Winery			P	P		C
Wireless Telecommunications Facility, Small Cell	P	P	P	P	P	P
Wireless Telecommunications Facility			C	P		C

(Passed 7-7-22.)

   APPENDIX A

   Land Reclassification Request Documents

TOWN OF FAYETTEVILLE

PLANNING COMMISSION BOARD

APPLICATION FOR

CHANGE IN LAND CLASSIFICATION

 City of Fayetteville                   Case No.                                      

Court Street

Fayetteville, WV 25840                Date                                           

I (We),                                                                                                  the undersigned owners

of real-estate described as                                                                        (description of parcel

from County tax records) located                                                                                               

(street address) containing                      (square feet or acres) within the municipality of Fayetteville,

West Virginia hereby request that this property now zoned                             be rezoned to

                                          .

No previous application has ever been made.    

A previous application was made on:                          .

The Planning Commission Board for the Town of Fayetteville will determine other necessary information that may be required as a part of this application prior to holding a public hearing. Refer to the attached "Request to Reclassify Land City of Fayetteville" approved by Council on November 5, 1998. A completeness determination will be made by the Zoning Board and the applicant will be notified by Certified Mail if the application is determined to be complete or not.

Zone                                                     Print Name                                               

Proposal Filed                                         Signature                                                  

Fee Deposited                                       Address                                                    

P.I.O.No.                Fee                                                                                      

Received By                                           Telephone                                                  

Previous Case                                   

STATE OF WEST VIRGINIA

COUNTY OF FAYETTE, to wit:

   Subscribed and sworn before me this                               day of                                      

                     Notary                                                     

   My commission expires                                                     .

(Passed 4-8-99.)

TOWN OF FAYETTEVILLE

PLANNING AND ZONING BOARD

APPLICATION PROTOCOL

(1)    Town Zoning Officer

      Receives one page application form from applicant.

      Completes necessary information on the form with applicant.

      Collects $35.00 filing fee.

      Makes record of application with County Clerk.

(2)    Applicant

      Provides all required supplemental information.

(3)    Zoning Board

      Holds a meeting to review application and determine completeness.

      Incomplete application

         Notify applicant in person or by mail of incomplete information.

      Complete application

         Notify applicant in person or by mail.

Advise Town Zoning Officer to post legal advertisement and schedule public meeting.

(4)    Begin 30-day comment period

      Application and all supplemental information will be available for public review at Town Hall.

(5)    Zoning Board

      Holds public meeting and makes recommendation to Town Council.

(6)    Town Council

      Holds public meeting and approves or denies zoning request.

(Passed 4-8-99; Ord. 2018-7. Passed 1-3-19; Passed 1-3-19.)

SUPPLEMENTAL INFORMATION REQUIRED FOR

PLANNED DEVELOPMENT, BUSINESS OR INDUSTRIAL

ZONING

   Indicates items required

Infrastructure Requirements

    Public water

    Public sewer

    Access to streets, highways

    Traffic loading

Buildings and Physical Structures

    Survey of property showing adjacent properties

   Detailed site plan showing location of all buildings to be constructed

   Architectural drawings with elevations and sectional views of all buildings

   Uses of all buildings and site areas

   Parking lot layout

   Lighting plan

   Signage

   Building materials and architectural features

   Location of solid waste and recycling containers, utility equipment storage

Environmental and Community Impact

   Existing uses of property

   Existing environmental features

   Environmental impact

   Letters of approval from neighboring properties

   Stormwater drainage

    Noise levels anticipated

   General landscaping, buffers, and screening

Financial Issues

    Estimated investment required to develop the site

   Employment impact

   Letters of intent from investors and creditors

(Passed 4-8-99.)

GUIDELINES FOR SUPPLEMENTAL INFORMATION

Public water

Explain the development's requirements for water and how this need will be met. Is the property currently served by Fayetteville Municipal Water Works? If not, will it be required? What will be the normal and peak water consumption on a daily basis? How will connection to the public water system be funded?

Public sewer

Explain the development's requirements for sewer service. If the property is not already served by the POTW, will a packaged plant be installed? If use of a packaged system is intended, please submit all required DEP approvals. Who will operate and maintain the packaged system? If the development will be connecting to the Fayetteville POTW where is the connection point and does this involve a main line extension? What will be the daily discharge volume? How will connection to the sewer system be funded?

Access 

How is the property currently accessed and how will the new development be accessed?

Traffic Loading

What is the estimated traffic loading and at what times during the day will the traffic peak? If a traffic study has been done for access to Rt. 19, please submit this report.

Survey

Submit a certified survey of the property and identify owners of all adjacent properties or properties that will be affected by the development.

Site Plan

Submit a plan view of the property and locate all existing and future buildings showing physical dimensions from boundaries.

Architectural Drawings

Submit detailed architectural drawings for all buildings to be constructed.

Uses of Buildings and Site Areas

Indicate on the site plan uses or the intended purpose for all buildings and all areas of the property that will be developed.

Parking Lots

The site plan should show the location and size of parking lots.

Lighting

Describe how the area will be lighted and the intensity of all outdoor lighting.

Signage

Where will signs be located and will they comply with existing city ordinances?

Building materials and architectural features

Indicate on architectural drawings the exterior building materials to be used and other visible architectural features.

Location of utility equipment

Indicate on the site plan where outdoor trash receptacles will be located and where any utility and maintenance equipment will be stored.

Existing uses

What are the existing uses of the property? Does the property have any historic significance?

Existing environmental features

Is the property cleared or wooded? If it is wooded what wood species are present? Are there any ponds, lakes, creeks or rivers on the property or nearby?

Environmental impact

To what extent will the property be excavated and how will soil erosion be controlled during construction? A construction stormwater permit may be required. Will wooded areas be destroyed and if so how will this be offset? Will diversion of any tributary streams or creeks be required? Will any culverts be used to bridge existing drainage channels or flow patterns?

Neighboring properties

Have owners of all neighboring properties or properties that will be impacted by this development been contacted concerning the development plans? Do they support the development of this property? Submit letters of approval or have them appear before the zoning board or contact zoning board members by phone.

Stormwater drainage

Indicate on the site plan the direction(s) of stormwater flow from the property and the name of the nearest receiving stream. This is particularly important if there is large areas of impervious cover such as roof area, parking lots and other paved areas. In the case of industrial developments has a stormwater pollution prevention plan been prepared and submitted to DEP?

Noise levels

Will there be any outdoor activities creating noise of any kind and will these activities impact the community?

Landscaping, buffers, and screening

Indicate on the site plan areas that will be landscaped, where buffers will be located to minimize visual or community impact and the types of trees or vegetation to be planted.

Investment

What is the estimated investment required to develop the site? What is the estimated amount of revenue to be generated from the development?

Employment

How many and what type of jobs will be created from this development project?

Investors and creditors

How will the investment be supported? Provide letters of intent from major franchises, or other investors

(Passed 4-8-99.)