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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
(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)
(A) Permitted uses. In any Central Business Zone, the following buildings and uses only are permitted:
(1) All uses permitted in B-1 Local or Neighborhood Business Zones;
(2) Stores and shops for the conducting of any retail business;
(3) Personal service shops;
(4) Banks, offices and studios;
(5) Shops for custom work, and shops for making articles or products to be sold at retail on the premises;
(6) Restaurants, cafes and similar establishments;
(7) Theaters, assembly halls, bowling alleys, amusement centers, golf driving ranges, miniature golf courses, ice rinks, pool and billiard halls (and similar recreational uses) and other public recreation uses;
(8) Retail building materials supply sales (wholesale and retail);
(9) Cultural institutions (such as museums and art galleries);
(10) Community commercial centers (including wholesale and retail sales);
(11) Health and medical institutions (such as hospitals);
(12) Hotels and motels (excluding other residential occupancies);
(13) Commercial printing and publishing;
(14) Taverns and cocktail lounges;
(15) Regional commercial centers (including wholesale and retail sales); and
(16) Other service establishments or retail or wholesale businesses similar in nature to those listed above.
(B) Permitted accessory uses. In any Central Business Zone, the following accessory uses shall be permitted:
(1) All uses permitted in B-1 Local or Neighborhood Business Zone; and
(2) Other accessory uses customarily incidental to a permitted principal use.
(b) Signs, parking areas and buildings may be illuminated providing the use of such illumination does not confuse, blind or distract vehicle operators on the highways or streets.
(C) Prohibited uses. In any Central Business Zone, the following uses and buildings are prohibited:
(1) Except for uses permitted in division (A) above, all uses prohibited in B-1 Local or Neighborhood Business Zones;
(2) Any residential commercial or industrial use, which in the opinion of the Board of Appeals may become noxious or offensive in a B-2 Central Business Zones; and
(3) Gambling establishments.
(a) On and after the effective dates of this division (D)(3) on February, 2010, gambling establishments shall not be located within 3,000 feet of each other; provided that on and after March 3, 2010, gambling establishments shall not be located within 1,000 feet of each other; provided, however, that on and after March 17, 2010, gambling establishments shall not be located within 6,000 feet of each other.
(b) On and after the effective dates of this division (D)(3) on February, 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, however, that on and after March 17, 2010, 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 March 3. 2010, 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 West Virginia 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.
(4) 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.
(5) 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.
(D) Front yards. In any Central Business Zone, no front yard shall be required.
(E) Side yards. Common wall shall be permitted and no side yards are required.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. 10-2, passed 3-2-2010; Ord. passed 8-7-2018)
HEAVY COMMERCIAL ZONE
(A) Permissive uses. In any C-1 Heavy Commercial Zone, the following buildings and uses are permitted:
(1) Wholesale business, warehouses, storage areas and self-storage warehouses;
(2) Wholesale building material sales, not including stone crushing and concrete mixing;
(3) Distribution plants, parcel delivery hubs, ice and cold storage plants and locker service, and beverage distributors and bottling plants;
(4) Cleaning and dyeing works;
(5) Major garage, including gasoline service station and automobile body repair;
(6) Major automotive repair;
(7) Industrial bakeries;
(8) Plastic products design;
(9) Molding and assembly;
(10) Small metal products design;
(11) Casting;
(12) Fabricating and processing;
(13) Manufacturing and finishing;
(14) Storage yards; and
(15) Wood products manufacture and finishing but not including hand crafted items.
(B) Permitted accessory uses. In any C-1 Heavy Commercial Zone, the following accessory buildings and uses shall be permitted:
(1) Accessory parking areas;
(2) Other accessory uses customarily incidental to a permitted principal use; and
(C) Prohibited uses.
(1) Any residential, commercial or industrial use which, in the opinion of the Board of Appeals, may become offensive or noxious in a C-1 Heavy Commercial Zone.
(2) 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.
(3) 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.
(D) Lot widths. In any Heavy Commercial Zone no lot shall be less than 50 feet
(E) Front yards. In any Heavy Commercial Zone, no front yard shall be less than 15 feet on major streets. A ten-foot front yard shall be required on minor streets. Major and minor streets shall be identified as shown on the major thoroughfare plan.
(F) Side yards. In any Heavy Commercial Zone; side yards shall be subject to the same provisions as specified B-1 Local or Neighborhood Business Zones.
(G) Rear yards. In any Heavy Commercial Zone rear yards shall be subject to the same provision as specified for B-2 Central Business Zones.
(H) Building height. In any Heavy Commercial Zone, building heights shall be subject to the same provisions as specified for B-2 Central Business Zones.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 8-7-2018)
INDUSTRIAL ZONE
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