This chapter is enacted in order to promote the health, safety, morals, and general welfare of the inhabitants of the city by lessening congestion in the streets, securing safety from fire panic and other dangers, providing concentration of population, facilitating the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements, conserving the value of buildings, and encouraging the most appropriate use of land.

(Code 1974, § 23-1; Ord. of 10-17-1978, § 23-1)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance, or regulations impose greater restrictions than this chapter, the provisions of such statute, ordinance, or regulation shall be controlling.

(Code 1974, § 23-2; Ord. of 10-17-1978, § 23-2)

For the purpose of this chapter, certain terms and words are defined as follows. The singular shall include the plural and the plural shall include the singular. The term "used" includes the words "arranged, designed or intended to be used"; the term "occupied" includes the words "arranged, designed or intended to be occupied"; and the word "building" includes the word "structure."

Accessory structure, building or use means a building, structure or use which is:

(1)

Subordinate to and serves a principal building or principal use;

(2)

Subordinate in extent, area, or purpose to the principal building or use served; and

(3)

Located on the same lot as the principal building or use served.

Alley means any roadway or public way dedicated to public use and 20 feet or less in width.

Building setback line means a line showing the nearest distance to the street line or property line that it is permissible to build a structure to be in compliance with this zoning law.

Court means an unoccupied space on the same lot with a building and bounded on at least three adjacent sides by walls of the building, but open and unobstructed from its lowest level to the sky.

(1)

Outer court means a court extending to a street or alley or to a front or rear yard.

(2)

Inner court means a court not extending to a street or alley or to a front or rear yard.

(3)

Width of court means the least horizontal dimension of a court at its lowest level.

Curb level means the elevation of the top of the curb or the established curb grade opposite the center of the building or portion thereof under consideration. Where no curb level has been established, the elevation of the ground at the center of the traveled portion of the street in front thereof shall be considered the equivalent of the curb level.

Dwelling.

(1)

One-family dwelling means a separate, detached building designed for and occupied, exclusively as a residence, by one family.

(2)

Two-family dwelling means a separate, detached building designed for or occupied exclusively as a residence, by two families.

(3)

Multiple dwelling means a dwelling designed or occupied otherwise than as a one-family dwelling or a two-family dwelling. The term "multiple dwelling" shall be understood to include apartment houses, row houses, tenement houses and all other family dwellings of similar character, where apartments or suites are occupied and used as separate complete housekeeping units, but not to include hotels.

(4)

Townhouse means a row of three or more dwellings flush against each other at the sides or attached at the sides by party walls, each unit of which is designed as a residence for one family.

Family means an individual; or two or more persons related by blood, marriage, or adoption living together; or a group of individuals, of not more than four persons, not related by blood or marriage, but living together as a single housekeeping unit.

Floor area ratio means the mathematical ratio between:

(1)

The sum of gross floor areas on all floors of all buildings on a lot; and

(2)

The area of the lot on which the building is situated.

Garage means a building, structure or any portion thereof used for housing or repairing motor vehicles. This does not include rooms for storing, exhibiting or showing new cars for sale.

(1)

Private garage means a garage for housing only, with a capacity for not more than two motor vehicles. A garage having a capacity of from two to six motor vehicles, intended primarily for housing of cars belonging to occupants of the premises, shall be considered a private garage if the lot whereon such garage and the dwelling to which it is accessory is located, contains not less than 1,600 square feet for each vehicle capacity.

(2)

Joint garage means a building on its own lot which serves two or more residences on separate lots and is used jointly for the storage of not more than six private automobiles belonging to the owners or tenants of the said residences.

(3)

Public garage means any garage not included within the definition of a private garage or a community garage.

Ground coverage ratio means the percentage of lot area covered by all buildings on the lot.

Half story means a story under a gable, hipped or gambrel roof the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the finished floor of such story.

Home occupation means an occupation conducted in a dwelling unit, provided that:

(1)

No person other than members of the family residing on the premises shall be engaged in such occupation;

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding three square feet in area, non-illuminated, and mounted flat against the wall of the principal building;

(4)

No home occupation shall be conducted in any accessory building;

(5)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and

(6)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses of the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. No equipment or process shall be used which creates electrical interference affecting radio or television receivers off the premises, or causes fluctuations in lien voltage off the premises.

Lot means a parcel of land which is or may be occupied by one main building or use and its accessories, including the open spaces required under this zoning law.

(1)

Depth of lot means the mean horizontal distance between the front lot line and the rear lot line.

(2)

Corner lot means a lot abutting upon two or more streets at their intersection.

(3)

Interior lot means a lot, the side lines of which do not abut on a street.

(4)

Through lot means an interior lot having frontage on two streets.

Mixed occupancy means occupancy of a building or land for more than one use.

Modular unit means a unit or portion designed so as to allow assembly at a plant or factory and transportation to a permanent site. Said design shall not incorporate a structure system capable of continual mobility. All modular units shall be designed so as to present a pleasant aesthetic appearance capable of blending with structures in the area. All modular units shall meet all city codes, including, but not limited to, structure, plumbing, electrical, etc.

Nonconforming use means a use of a building or land which does not conform with the zoning regulations of the use district in which it is situated.

Particulate matter means material other than water which is suspended in or discharged into the atmosphere in a finely developed form, as a liquid or a solid.

Party wall means a wall between adjoining structures owned in common or in severalty by one owner alone and providing rights of support for the respective adjacent buildings or structures.

Planned unit development (PUD) means a coordinated development laid out upon a tract of land, in single ownership or control. Subject to the provisions of the section on planned unit development, a planned unit development may differ with respect to lot size, bulk, or type of building, permitted land use, lot coverage, and required open space from the standards otherwise prescribed for the district concerned.

Porch means a roofed or unroofed open structure projecting from the front, side or rear wall of a building, and having no enclosing features of glass, wood or other material more than 30 inches above the floor thereof, except the necessary columns to support the roof. A porch shall not extend beyond the building line.

Sign means any structure or part thereof on which lettered or pictorial matter is displayed for advertising or notice purposes as defined in article IX of this chapter.

Special exception means a use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or general welfare. The board of adjustments may permit such uses in a zoning district as special exceptions if specific provision for such special exception is made in this chapter.

Stable means a building, structure or portion thereof which is used for the shelter or care of horses, cattle or other similar animals, either permanently or transiently.

(1)

Private stable means a stable with space for not more than four animals.

(2)

Public stable means a stable with space for more than four animals.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

Street means any roadway or public way dedicated to public use which is more than 20 feet in width.

Street line means the line between a street and a lot.

Structural alterations means any change in, or replacement of, supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected, the use of which demands a more or less permanent location on the land, or anything attached to something having a permanent location on the land.

Yard means an open, unoccupied space, other than a court, on the same lot with a building, unobstructed from the ground to the sky, except as otherwise provided herein.

(1)

Front yard means the yard existing across the entire width of the lot between the main building (the main building includes an attached garage, carport or covered porch) and the front lot line or an official future street right-of-way line.

(2)

Rear yard means a yard across the full width of the lot, extending from the rear lot line of the building to the rear line of the lot.

(3)

Side yard means a yard between the side line of the building and the adjacent side line of the lot, extending from the front yard to the rear yard. If there is no front yard, the side yard shall be considered as extending to the front line of the lot, and if there is no rear yard, the side yard shall be considered as extending to the rear line of the lot.

Zoning law means this chapter, including the zone map adopted on December 13, 1938, as amended.

Zoning map means the map identified by the title "City of Bluefield, West Virginia, Zone Map," available for reference in the municipal building.

(Code 1974, § 23-3; Ord. of 10-17-1978, § 23-3; Ord. of 2-23-2016(2))

For the purpose of this zoning law, the city is hereby divided into nine classes of districts, which shall be designated as follows:

(Code 1974, § 23-4; Ord. of 10-17-1978, § 23-4)

(a)

The location and boundaries of districts are and shall be as shown on the zone map, which is hereby declared to be a part hereof.

(b)

Where the designation on the zone map indicates a district boundary approximately on a street or alley line or on a lot line, such street or alley, or such lot line, shall be construed to be the boundary.

(Code 1974, § 23-5; Ord. of 10-17-1978, § 23-5)

(a)

Hereafter, no building or structure shall be erected, constructed, reconstructed, altered, repaired or converted, and no building, structure or land shall be used, except in conformity with the regulations herein established for the district in which such land, building or structure is located.

(b)

In cases of mixed occupancy, the regulations for each use shall apply to the portion of the building or land so used.

(Code 1974, § 23-6; Ord. of 10-17-1978, § 23-6)

The lawful use of land existing at the time of the enactment of this zoning law on October 17, 1978, or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued, any future use of the land shall be in conformity with the provisions of this zoning law.

(Code 1974, § 23-7; Ord. of 10-17-1978, § 23-7)

The lawful use of a building or structure, existing at the time of the passage of this zoning law on October 17, 1978, or of an amendment thereto, although such use does not conform to the provisions thereof, may be continued and such use may be extended throughout the building; provided no structural alterations are made, other than those ordered by an authorized public officer to assure the safety of the building for structure; and provided further that such extension within the building does not displace a conforming use in the building, in a district established by this zoning law.

(Code 1974, § 23-8; Ord. of 10-17-1978, § 23-8)

A nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification according to the provisions of this zoning law; provided no structural alterations are made, other than those ordered by an authorized public officer to assure the safety of the building or structure.

(Code 1974, § 23-9; Ord. of 10-17-1978, § 23-9)

Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, according to the provisions of this zoning law, such use shall not thereafter be changed to a less restricted use.

(Code 1974, § 23-10; Ord. of 10-17-1978, § 23-10)

Whenever a nonconforming use of a building, or portion thereof, has been discontinued, as evidenced by lack of use, or vacancy, for a period of at least six months, such nonconforming use shall not thereafter be re-established, and the future use shall be in conformity with the provisions of this zoning law.

(Code 1974, § 23-11; Ord. of 10-17-1978, § 23-11)

Any areas annexed to the city after the adoption of this zoning law shall be classified into such appropriate zone or zones, after consideration and hearing by the planning commission, upon recommendation of the planning commission to the board of directors, and upon subsequent action by the board of directors as shall best fit the existing use or uses of the area being annexed, as well as those of the adjoining areas of the city to which such annexed area shall be joined.

(Code 1974, § 23-12; Ord. of 10-17-1978, § 23-12; Ord. No. 91-4, 12-10-1991)