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(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
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