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Agricultural (A) Zone Bulk Regulations (in feet, unless noted otherwise) | ||||||||
Zone Division | Minimum Lot Area (acres) | Maximum Density Units/ Acres | Minimum Lot Width | Minimum Lot Depth | Minimu Setback Front Yard | Minimum Setback Side Yard | Minimum Setback Rear Yard | Maximu m Building Height |
Agricultural (A) Zone Bulk Regulations (in feet, unless noted otherwise) | ||||||||
Zone Division | Minimum Lot Area (acres) | Maximum Density Units/ Acres | Minimum Lot Width | Minimum Lot Depth | Minimu Setback Front Yard | Minimum Setback Side Yard | Minimum Setback Rear Yard | Maximu m Building Height |
A-1 | 20 acres | 1 DU/20 acres | 600 | 600 | 30 | 15 | 60 | 35 |
A-2 | 10 acres | 1 DU/10 acres | 400 | 400 | 30 | 15 | 60 | 35 |
A-3 | 5 acres | 1 DU/5 acres | 250 | 250 | 30 | 15 | 60 | 35 |
Notes: | ||||||||
a. Open spaces and parks can be of a reduced size, if approved | ||||||||
b. Access storage structures, windmills and similar structures shall be permitted to exceed maximum height when approved by the Code Official | ||||||||
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
RESIDENTIAL ZONES
(A) Permitted uses. In R-1 Single-Family Residential Zones, the following uses of buildings may be permitted:
(1) Single-family detached dwellings;
(2) Educational, religious and philanthropic uses when not conducted as a gainful business;
(3) Public parks, playgrounds, play lots and community centers not conducted as a gainful business;
(4) City administrative buildings or public service buildings, except storage yard or sidings, equipment storage or warehouses;
(5) Existing railroad rights-of-way, not including switching yards, storage yards or sidings;
(6) Home gardening without sale of products; and
(7) A bed and breakfast facility; provided, that the parking for a bed and breakfast facility shall provide vehicle parking as required in the table in § 152.130 of this chapter.
(B) Permitted uses when authorized by the Board of Zoning Appeals. In R-1 Single-Family Residential Zones, the following uses of buildings may be permitted when authorized by the Board of Zoning Appeals as a special exception:
(1) Group care facility if adjacent to R-2 District or if part of such project if in R-1 and R-2 Districts;
(2) Single-family residences on lots that do not otherwise satisfy the area requirements for R-1 single family residences;
(3) Home occupation; provided, that any home-based occupation and any home-based business shall be licensed as required by §§ 38.070 et seq.;
(4) Cemeteries;
(5) Kindergartens or nursery schools provided the play lots are suitably fenced or screened in accordance with requirements of the Board;
(6) Essential utilities and equipment; and
(7) Private non-profit recreational facilities in the nature of swimming clubs, tennis clubs and other similar activities, when not located less than 50 feet from any other lot in an R District and when the facility meets with the parking and fencing requirements of the Board of Zoning Appeals.
(C) Permitted accessory uses. In R-1 Single Family Residential Zones, the following accessory buildings and uses shall be permitted:
(1) Any accessory building 150 square feet or greater in size or that has any utility service installed shall be separated from the main building by ten feet and shall also be in compliance with all setback regulations; provided, that any accessory building less than 150 square feet in size that is used for storage or other similar use shall be permitted to be located in any portion of the rear yard or side yard. No storage building shall be located in the front yard;
(3) Other accessory uses customarily incidental to a permitted principal use.
(D) Lot areas. In any R-1 Single-Family Residential Zones, the area of lots of record at the time of enactment of this chapter shall be considered adequate for the erection of permitted buildings and uses, provided that they are not less than 2,400 square feet.
(E) Lot widths. In any R-1 Single-Family Residential Zones, the width of lots of record at the time of enactment of this chapter shall be considered adequate, provided that they are not less than 40 feet in width. Notwithstanding the limitations imposed by other provisions of this chapter, the Board of Zoning Appeals shall permit erection of a dwelling or structure on any lot shown upon a platted record in a R-1 Single Family Residential Zone separately owned or under contract of sale and containing, at the time of passage of this chapter, an area or width smaller than that required by this chapter; provided, that the Board of Zoning Appeals shall require yard areas and other restrictions governed by this chapter equal to the average of those contained on existing built-upon lots along the street on which is located the lot in question.
(F) Front yards. In any R-1 Single-Family Residential Zones, the front yard of any lot of record at the time of enactment of this chapter shall be equal to the average front yards of existing developed lots on the street on which it is located. In the absence of developed lots along any such streets, the minimum front yard shall be 20 feet.
(G) Side yards. In any R-1 Single Family Residential Zones, the side yards of lots of record at the enactment of this chapter shall be equal to the average side yards of developed lots on the street on which they are located, but in no case less than five feet; provided, that no accessory building or structure shall be closer than three feet from the side yard lot line. This accessory building or structure side yard exception shall not apply to corner lots.
(H) Rear yards. In R-1 Single-Family Residential Zones rear yards shall not be less than 40 feet in width; provided, that no accessory building or structure shall be closer than five feet from the rear lot line. This accessory building or structure rear yard exception shall not apply to corner lots.
(I) Residential structure requirements.
(1) Building height. In R-1 Single-Family Residential Zones, single-family detached dwelling shall not exceed two and one-half stories or 30 feet in height. Structures associated with other permissive or excepted uses shall not exceed three stories or 50 feet in height.
(2) Roof overhang. In R-1 Single-Family Residential Zones, single-family detached dwelling, roof overhang and eaves shall be designed for a minimum of six inches as measured from the vertical side of the building and not including rain gutters, which are required.
(3) Building width. In R-1 Single-Family Residential Zones, single-family detached dwelling, no housing unit shall be less than 24 feet in width.
(J) Factory built housing units. The value of any factory built home sited in a R-1 Single-Family Residential Zone shall be equal to or greater than the average value of all existing homes located within 350 feet in each direction from the factory built home site; provided, that the burden of establishing the value of existing homes located within 350 feet of the factory built home site shall be upon the owner of the factory built home.
(K) Tiny home housing units. The value of any tiny home, as defined in § 152.011, sited in a R-1 Single-Family Residential Zone shall be equal to or greater than the average value of all existing homes located within 350 feet in each direction from tiny home site; provided, that the burden of establishing the value of existing homes located within 350 feet of the tiny home site shall be upon the owner of the tiny home.
(L) Off-street parking and loading requirements. In R-1 Single-Family Residential Zones, off-street parking and loading requirements be scheduled according to the provisions of § 152.130 of this chapter.
(M) Prohibited uses. On and after August 8, 2018, rehabilitation center activities, addiction treatment center activities, food distribution center activities, social service activities, secondary social service activities or homeless shelter activities may not be provided at any structure, whether operated as a social services facility, church or similar charity, within 1,000 feet of a school, playground, library, athletic field or park, senior citizen living facility, public swimming pool or city park.
(N) Location. On and after August 8, 2018, structures providing rehabilitation center activities, addiction treatment center activities, food distribution center activities, social service activities, secondary social service activities or homeless shelter activities may not be located within 1,000 feet of each other.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 8-7-2018; Ord. passed 8-16-2019; Ord. passed 5-16-2023)
(A) Permitted uses.
(1) All uses permitted in R-l Single-Family Residential Zones;
(2) Duplex and multi-family dwellings;
(3) Rooming house;
(4) Bed and breakfast, if located adjacent to a state road;
(5) Congregate residence;
(6) General hospital, or a sanitarium or nursing home not for contagious diseases; provided, that such buildings shall be not less than 50 feet from any other lot in any R District;
(7) Public library;
(8) Professional office in conjunction with a residence, when no more than two individuals are employed; and
(9) Home occupation; provided, that any home-based occupation and any home-based business shall be licensed as required by §§ 38.070 et seq.;
(B) When authorized by the Board of Zoning Appeals. In R-2 General Residential Zones, the following uses and buildings may be permitted when authorized by the Board of Zoning Appeals as a special exception:
(1) Group care facilities, half-way houses or group homes for drug or alcoholic addicts; and institutions not for penal, corrective or behavioral health purposes; and
(2) Private clubs, lodges and fraternal organizations, social or recreational buildings or properties when not conducted as a gainful business.
(C) Permitted accessory uses. In R-2 General Residential Zones, the following accessory buildings and uses shall be permitted:
(1) All R-1 Single Family Residential Zones accessory uses; and
(D) Lot areas.
(1) In R-2 General Residential Zones, no lot shall be less than 4,800 square feet in area, subject however, to the provision that this minimum area shall be increased by 1,200 additional square feet for each dwelling unit more than one that is contained in the structure.
(2) In areas in excess of 25% slope, the above stated minimum lot areas shall be increased by 15%.
(E) Lot widths. In R-2 General Residential Zones, lot widths shall not be less than 60 feet. Notwithstanding the limitations imposed by other provisions of this chapter the Board of Zoning Appeals shall permit erection of a dwelling or structure on any lot shown upon a platted record in a R-2 General Residential Zone separately owned or under contract of sale and containing, at the time of passage of this chapter, an area or width smaller than that required by this chapter; provided, that the Board of Zoning Appeals shall require yard areas and other restrictions governed by this chapter equal to the average of those contained on existing built-upon lots along the street on which is located the lot in question.
(F) Front yards. In R-2 General Residential Zones, front yards shall be subject to the same provisions as specified for R-1 Single Family Residential Zones.
(G) Side yards. In R-2 General Residential Zones, side yards shall be subject to the same provisions as specified for R-1 Single Family Residential Zones.
(H) Rear yards. In R-2 General Residential Zones, rear yards shall not be less than 40 feet in width, provided however, that for any structure in excess of three stories in height, the rear yard shall be increased by five additional feet for each story.
(I) Residential structure requirements.
(1) Building heights. In R-2 General Residential Zones, residential structures shall not exceed two and one-half stories or 30 feet in height. Structures associated with other permissive or excepted uses shall not exceed six stories.
(2) Roof overhang. In R-2 General Residential Zones, roof overhang and eaves shall be designed for a minimum of six inches as measured from the vertical side of the building and not including rain gutters, which are required.
(3) Building width. In R-2 General Residential Zones, no housing unit shall be less than 24 feet in width.
(J) Factory built housing units. The value of any factory built home sited in a R-2 General Zone shall be equal to or greater than the average value of all existing homes located within 350 feet in each direction from the factory built home site; provided, that the burden of establishing the value of existing homes located within 350 feet of the factory built home site shall be upon the owner of the factory built home.
(K) Tiny home housing units. The value of any tiny home, as defined in § 152.011, sited in a R-2 Single-Family Residential Zone shall be equal to or greater than the average value of all existing homes located within 350 feet in each direction from tiny home site; provided, that the burden of establishing the value of existing homes located within 350 feet of the tiny home site shall be upon the owner of the tiny home.
(M) Prohibited uses. On and after August 8, 2018, rehabilitation center activities, addiction treatment center activities, food distribution center activities, social service activities, secondary social service activities or homeless shelter activities may not be provided at any structure, whether operated as a social services facility, church or similar charity, within 1,000 feet of a school, playground, library, athletic field or park, senior citizen living facility, public swimming pool or city park.
(N) Location. On and after August 8, 2018, structures providing rehabilitation center activities, addiction treatment center activities, food distribution center activities, social service activities, secondary social service activities or homeless shelter activities may not be located within 1,000 feet of each other.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 8-7-2018; Ord. passed 8-16-2019; Ord. passed 5-16-2023)
(A) Permitted uses. In R-3 General Residential, Mobile Home and Mobile Home Parks Zones, the following buildings and uses are permitted:
(1) All uses permitted in R-1 Single-Family Residential Zones and R-2 General Residential Zones; provided, that any home-based occupation and any home-based business shall be licensed as required by §§ 38.070 et seq.;
(2) Mobile home parks when established and operated in accordance with published standards of either Kanawha County or Putnam County, whichever is applicable for the location of the mobile home park, and the state; provided, that the following are additional requirements:
(a) A mobile home park site shall be comprised of a minimum of two acres, and shall provide a minimum of 5,000 square feet of net area per mobile home unit;
(b) Off-street parking for two automobiles for each mobile home unit;
(c) Setbacks for residential areas shall prevail, but no part of this open space shall be used for any of the mobile home site functions;
(d) Mobile home parks will be enclosed on side yards and rear lot lines, unless extending from one street to another. A six-foot wall or barrier of fire resistant material or a strip of trees or shrubs at least two feet wide and three feet high at the time of planting which will form a year round dense screen at least six feet high within three years must be provided;
(e) No spot or flood lights shall be used for lighting or advertising purposes. No lighting shall shine on adjacent properties; and
(f) All points of entrance or exit for motor vehicles shall be located no less than 125 feet from the intersection of two streets.
(3) Individual single-wide mobile homes, double-wide mobile homes, single-family dwellings and multiple-family dwellings located in a R-3 General Residential, Mobile Home and Mobile Home Parks Zones or in other than a R-3 General Residential, Mobile Home and Mobile Home Parks Zone shall be subject to the requirements stated in § 152.026 of this chapter;
(4) Tiny home housing units: the value of any tiny home, as defined in § 152.011, sited in a R- 3 General Residential, Mobile Home and Mobile Home Parks Zone shall be equal to or greater than the average value of all existing homes located within 350 feet in each direction from tiny home site; provided, that the burden of establishing the value of existing homes located within 350 feet of the tiny home site shall be upon the owner of the tiny home; and
(5) Notwithstanding the limitations imposed by other provisions of this chapter the Board of Zoning Appeals shall permit erection of a dwelling or structure on any lot shown upon a platted record in a R-3 General Residential Zone separately owned or under contract of sale and containing, at the time of passage of this chapter, an area or width smaller than that required by this chapter; provided, that the Board of Zoning Appeals shall require yard areas and other restrictions governed by this chapter equal to the average of those contained on existing built-upon lots along the street on which is located the lot in question.
(B) Prohibited uses. On and after August 8, 2018, rehabilitation center activities, addiction treatment center activities, food distribution center activities, social service activities, secondary social service activities or homeless shelter activities may not be provided at any structure, whether operated as a social services facility, church or similar charity, within 1,000 feet of a school, playground, library, athletic field or park, senior citizen living facility, public swimming pool, or city park.
(C) Location. On and after August 8, 2018, structures providing rehabilitation center activities, addiction treatment center activities, food distribution center activities, social service activities, secondary social service activities or homeless shelter activities may not be located within 1,000 feet of each other.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 8-7-2018; Ord. passed 8-16-2019; Ord. passed 5-16-2023)
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