(a) Except as provided in this Ordinance, no building or structure shall be erected, enlarged, altered, changed, or otherwise modified, on a lot unless such building, structure or modification conforms to the height, bulk, area, and density regulations of the zone in which it is located. The conditions, standards, requirements, and notes set forth in each district and otherwise prescribed by this ordinance are established as the basic height, bulk, area and density regulations for the City.
(b) General Exceptions to Height, Bulk, Area, and Density Regulations.
(1) Height Exceptions. In all districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, transmission lines or towers and distribution poles and lines, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances. Standard antenna and similar appurtenances may not exceed the maximum building height by more than twenty-five (25) feet.
(2) Orientation. All residential structures shall be required to have a front door facing the street unless the applicant proves to the satisfaction of the Zoning Officer that the prevailing condition of the developed lots fronting the same street would warrant a different orientation.
(c) Front Setback Exception.
(1) In traditional neighborhoods, all construction shall conform to the clearly prevailing front setback pattern of developed properties fronting the same side of the street between the street intersections, even when the prevailing front setbacks differ from the zoning district requirement. This is accomplished by averaging the front setback of those developed properties. Outliers, as determined by the Zoning Officer, shall be excluded from the calculation. Where there is no clearly prevailing front setback pattern, new construction shall be subject to the front setback required in the zoning district.
(2) In non-traditional neighborhoods, all construction shall be subject to the front setback required in the zoning district, however when a property is situated between two (2) lots with existing front setbacks that differ from those required in the zoning district, then the front setback may be adjusted to a depth equal to the average of the front setbacks of the two (2) adjacent lots.
(d) Projections into Required Setbacks.
(1) Cornices, eaves, sills or other similar architectural features, or other required means of egress, rain leads or chimneys or other similar structures that do not include space usable by persons may extend or project into a required yard not more than four (4) feet. Unenclosed and uncovered exterior stairways and fire escapes may extend or project into a required side or rear yard not more than four (4) feet. In no case, shall any of the above architectural features or means of egress be constructed less than three (3) feet from the property line.
(2) No front porch or deck shall extend into the required front yard unless development patterns within the block are such that a porch would be appropriate. In no case, shall a front porch extend more than eight (8) feet into the required front yard.
(3) Fences, walls, concrete pads or patios, and brick pavers may extend or project into a required setback.
(4) Uncovered ramps designed in accordance to American with Disabilities Act (ADA) standards may extend or project into a required setback. In no case, shall a ramp be constructed less than three (3) feet from the property line.
(5) Uncovered decks less than five (5) feet in height may extend or project fifty percent (50%) into the rear setback.
(6) Uncovered stairs, landings, porches less than five (5) feet in height may project or extend three (3) feet into the side setback.
(7) Awnings and canopies extending over a public right-of-way shall not be lower than nine (9) feet above the ground. Supporting posts or columns shall not be permitted on public property.
(e) Yard, Building Setbacks, and Open Space Exceptions.
(1) No yard, open space or lot area required for a building or structure shall, during its life, be occupied by or counted as open space for any other building or structure.
(2) For adjoining lots under single ownership, setback requirements may be determined from the perimeter of the adjoining lots, ignoring interior lot lines, provided that only one (1) main structure and its accessory structures shall be allowed within the perimeter of such adjoining lots and, the following notation is first placed on the recorded deed to each such adjoining lot: "For planning and zoning purposes, the lot described herein shall be considered as part and parcel of the adjacent lot(s) owned by [insert owner's name] pursuant to a deed (or deeds) recorded at Deed Record [#s] page [#s], in the Office of the Clerk of the County Commission of Kanawha County. The real estate described herein shall not be considered to be a separate parcel of real estate for land use, development, conveyance or transfer of ownership, without having first obtained the expressed approval of the St. Albans City Planning Commission. This restriction shall be a covenant running with the land."
(f) Side and Rear Setback Exceptions.
(1) One-half (½) of an alley abutting a side or rear yard may be included in the required setback. The required side yard may be reduced where the applicant proves to the satisfaction of the Zoning Officer that the provision of a smaller side yard setback will conform to the prevailing side yard pattern of the developed lots fronting the same street. In no event shall the required side yard be reduced to less than three (3) feet.
(2) In all residential districts, rear additions may be constructed onto the principal residence even when the existing footprint of the principal residence extends into the side setbacks. The rear addition may be constructed as a permitted use, provided that the footprint of the proposed addition will not further extend into the side setbacks.
(3) Corner lots shall have no rear lot lines and therefore shall be subject only to front and side setback requirements.
(g) Through Lot Exception. Where an applicant proves to the satisfaction of the Zoning Officer that a through lot is developed in such a way that it is consistent with the clearly prevailing yard pattern of a neighborhood, the perceived rear yard shall be treated as a rear yard under the provisions of this Ordinance.
(h) Safety and Vision.
(1) Streets. On any corner lot, a wall, fence, sign, structure, display of merchandise or any plant growth which obstructs sight lines at elevations between two and one-half (2 -1/2) feet and eight (8) feet above the crown of the adjacent roadway shall not be placed or maintained within a clear vision triangle of the area of the lot twenty (20) feet along the property line from the street right-of-way at intersections, or forty (40) feet from the edge of paving.
(2) Curb Cuts, Alleys and Driveways. On any corner lot, a wall, fence, sign, structure, display of merchandise or any plant growth which obstructs sight lines at elevations between two and one-half (2 -1/2) feet and eight (8) feet above the crown of the adjacent roadway shall not be placed or maintained within a clear vision triangle of the area of the lot fifteen (15) feet along the property line from the street right-of-way at intersections, or from the edge of paving.
(i) Special Requirements. The following special requirements are established to clarify certain conditions pertaining to the use of lots and access points:
(1) Structures on a Lot. In a residential district, only one (1) principal building and its accessory structures may be located on a lot unless development is approved as a planned unit development, or/as a group housing development.
(2) Lot of Record. Any lot recorded or in single ownership at the time of adoption of these regulations shall be permitted to exist in its present dimension.
(j) Permanent Outdoor Display of Goods. For nonresidential uses in nonresidential zones, a permanent outdoor display of goods shall conform to the required building setback. No display shall be permitted in any public right-of-way, nor shall any display be permitted within a clear vision triangle.
(k) Temporary Outdoor Display of Goods. Temporary outdoor display of merchandise may encroach ten (10) feet on the required building setback. No display shall be permitted in any public right-of-way, nor shall any display be permitted within a clear vision triangle, or within parking spaces necessary to meet the parking requirement.
(Ord. 2023-02. Passed 4-17-23.)