Section
Purpose and Interpretation
152.001 Title, purpose and scope
152.002 Fees
152.003 Existing buildings and uses
152.004 Powers and duties of the Zoning Code Official
152.005 Planning Commission
152.006 Compliance required
152.007 Board of Zoning Appeals
152.008 Violations
152.009 Permits and approvals
152.010 Interpretation
152.011 Definitions
Zoning Districts
152.025 District classifications
152.026 Minimum areas for zoning districts
152.027 Zoning map
152.028 Annexed territory
152.029 Conditional uses
Agricultural Zones
152.040 Agricultural zones defined
152.041 Bulk regulations
Residential Zones
152.055 R-1 Single-Family Residence Zone
152.056 R-2 General Residential Zones
152.057 R-3 General Residential, Factory-Built Home, Mobile Home and Mobile Home Parks
Business Zones
152.070 B-1 Local or Neighborhood Business Zones
152.071 B-2 Central Business Zone
Heavy Commercial Zone
152.085 C-1 Heavy Commercial Zone
Industrial Zone
152.100 I-1 Light Industrial Zone
Destination Tourism Zone
152.115 D-1 Destination Tourism Zone
General Provisions
152.130 Off-street parking
152.131 Fence heights
152.132 Location of accessory buildings, storage buildings and private garages
152.133 Allowable projections into yards
152.134 Landscaping requirements
152.135 Loading spaces
152.136 Passageways
152.137 Approval for and availability of essential services
Special Regulations
152.150 Home-based occupations; home-based business
152.151 Private clubs
Sign Regulations
152.165 Purpose
152.166 General provisions
152.167 Exempt signs
152.168 Prohibited signs
152.169 Permits
152.170 Specific sign requirements
Nonconforming Structures and Uses
152.185 General; continuance
152.186 Discontinuance
152.187 Additions and modifications
Conditional Uses
152.200 Conditional use permit
152.201 Public hearing
152.202 Determination; authorization
152.203 Expiration and revocation
152.204 Amendments
152.205 Conditional use review criteria
Planned Unit Development
152.220 General provisions
152.221 Conditions
152.222 Planning Commission determination
152.223 Required contributions
152.224 Planning Commission action
PURPOSE AND INTERPRETATION
(A) Title. This chapter shall be known as the “City of Nitro, West Virginia Planning and Zoning Ordinance”.
(B) Purpose. The purpose of this chapter is to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within this jurisdiction.
(C) Scope. This chapter shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land or sign within the city, unless otherwise excepted.
(1) Where, in any specific case, different sections of this chapter specify different requirements, the more restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall govern.
(2) In fulfilling these purposes, this chapter is intended to benefit the public as a whole and not any specific person or class of persons. Although through the implementation, administration and enforcement of this chapter, benefits and detriments will be enjoyed or suffered by specific individuals, those results are merely a by-product of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the city by this chapter shall not be enforceable in tort.
(3) If any portion of this chapter is held invalid for any reason, the remaining herein shall not be affected.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
(A) General. Lawfully established buildings and uses in existence at the time of the adoption of this chapter shall be permitted to have their existing use or occupancy continued, provided such continued use is not dangerous to life.
(B) Additions, alterations or repairs. Additions, alterations or repairs shall be permitted to be made to any building or use without requiring the existing building or use to comply with the requirements of this chapter; provided, that the addition, alteration or repair conforms to that required for a new building or use.
(C) Moved and temporary buildings, structures, and uses.
(1) Buildings or structures moved into or within the city shall comply with the provisions of this chapter for new buildings and structures.
(2) Temporary buildings, structures and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public shall be permitted to be erected, provided a special approval is received from the Code Official for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.
(D) Illegal uses. Illegal uses are uses of property that were nonconforming uses prior to the adoption of this chapter that shall remain nonconforming uses unless through the adoption of this chapter the use is determined by the Planning Commission to be conforming, and uses of property commenced subsequent to the adoption of this chapter that are not in compliance with the requirements of this chapter.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
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