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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)
BUSINESS ZONES
(A) Permitted uses. In any Local or Neighborhood Business Zone, the use of land and buildings shall be limited to any neighborhood retail business or service establishment, supplying commodities or performing services intended primarily for residents of the surrounding neighborhood, such as:
(1) Barber or beauty shop;
(2) Business or professional office;
(3) Clothes cleaning or laundry pick up station;
(4) Self-service laundry;
(5) Delicatessen;
(6) Drug store;
(7) Grocery store;
(8) Meat market;
(9) Convenience and neighborhood commercial centers (excluding wholesale sales);
(10) Family and group day care;
(11) Libraries;
(12) Places of worship;
(13) Police and fire stations, and other government services;
(14) Bed and breakfast facility; and
(15) Similar activities.
(B) Along state and federal highways.
(1) Along state or federal highways, the above permissive uses may be permitted but shall not be limited to supplying commodities or performing services for residents of the neighborhood;
(2) Other permitted uses along state and federal highways, such as:
(a) Antique or gift shop;
(b) Gasoline service stations;
(c) Automobile sales;
(d) Automobile service garages, see the table in § 152.026 of this chapter for required vehicle parking;
(e) Automobile or trailer sales lot;
(f) Commercial parking lot;
(g) Drive-in eating or drinking establishment;
(h) Motel and hotel;
(i) Tourist home; and
(j) Similar businesses.
(3) Automobile body repair shops, but see the table in § 152.026 of this chapter for required vehicle parking;
(4) Mortuary and funeral homes;
(5) Public utility stations;
(6) Restaurants;
(7) Business or financial services;
(8) Light commercial (excluding wholesale sales);
(9) Group care facilities;
(10) Physical fitness centers;
(11) Cultural and fraternal activities;
(12) Rehabilitation centers;
(13) Schools and colleges operated for profit (including commercial);
(14) Vocational and trade schools;
(15) Self-storage warehouses;
(16) Commercial printing and publishing; and
(17) Similar businesses.
(C) Permitted accessory uses. In Local or Neighborhood Business Zones, including those along state and federal highways, the following accessory buildings and uses shall be permitted:
(1) Accessory parking areas;
(2) Other accessory uses customarily incidental to a principal permitted use, including signs attached flat against a building, and elevated signs not exceeding 50 square feet in area per face, provided that these are at least 15 feet from any street right-of-way; and
(3) On and after February 1, 2019, residential townhouses and apartments that are a use that is accessory to a permitted use in divisions (A) or (B) above; provided, that such uses meet all requirements for a habitable dwelling.
(D) Prohibited uses.
(1) Any residential or industrial use except that which is clearly necessary for and incidental to the conduct of a permitted retail business or service of the premises or authorized by division (C)(3) above;
(2) Gambling establishments.
(a) On and after the effective dates of this division (D)(2) on February 2, 2010, gambling establishments shall not be located within 3,000 feet of each other; provided, that on and after May 5, 2021, gambling establishments shall not be located within 6,000 feet of each other.
(b) On and after the effective dates of this division (D)(2) on February 2, 2010, no gambling establishment shall be located within 3,000 feet of any church, place of worship, library, school, community center or publicly owned property designated as a playground, park and under the control of the city; provided, that on and after May 5, 2021, no gambling establishment shall be located within 6,000 feet of any church, place of worship, library, school, community center or publicly owned property designated as a playground, park and under the control of the city.
(c) On and after May 5. 2021. any new gambling establishment not already licensed and in existence in the city shall satisfy the following requirements: it shall be an existing bar or restaurant: it shall have a current business license issued under the authority of § 38.083 of this code of ordinances; and it shall be current and not delinquent in the payment of any municipal fees or taxes.
(d) Upon the annexation into the city of any real property upon which is situated a legally licensed and operating gambling establishment, the use of the property as a gambling establishment, even if a nonconforming use, shall continue until such time as the state’s Lottery Commission repeals, withdraws or takes such other action that invalidates the license or licenses required to allow legal gambling to occur at the gambling establishment.
(3) 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.
(4) 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.
(E) Lot areas. In any Local or Neighborhood Business Zone, no lot shall be less than 7,200 square feet.
(F) Lot widths. In any Local or Neighborhood Business Zone, no lot shall be less than 50 feet in width.
(G) Front yards. In any Local or Neighborhood Business Zone, no lot shall have a front yard of less than 20 feet.
(H) Side yards. In any Local or Neighborhood Business Zone, common walls shall be permitted and no side yards shall be required; provided, that where a nonresidential use abuts a residential district, residential requirements must be observed where the property abuts.
(I) Rear yards. In Local or Neighborhood Business Zone, rear yards shall not be less than 20 feet in width.
(J) Building height. In any Local or Neighborhood Business Zone, no building or structure shall exceed three stories.
(K) Off-street parking and loading requirements. In any Local or Neighborhood Business Zone, off-street parking and loading requirements shall be scheduled according to the provisions of the table in § 152.130.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. 10-2, passed 3-2-2010; Ord. passed 8-7-2018; Ord. passed 1-15-2019; Ord. passed 5-4-2021)
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