The following statements of intent are provided in order to clarify the purposes for which the several residential districts were created. In each district, uses and structures which support and harmonize the kinds of development described below are also implied:

(1)

R-1 residence district. This district is created to provide minimum standards for the development and use of single-family detached housing built on separate lots and fully meeting modern standards with respect to light, air, open space and off-street parking.

(2)

R-2 residence district. This district is created to provide minimum standards for the development and use of single-family detached housing built on lots some-what smaller than the ideal, but which meet generally adequate standards with respect to light, air, open space and off-street parking.

(3)

R-3 residence district. This district is created to provide minimum standards for the use and redevelopment of existing area developed for single- and two-family dwellings on lots too small to provide adequate light, air, open space and parking.

(4)

RMF multifamily residence district. This district is created to provide minimum standards for the development and use of apartments meeting modern standards with respect to light, air, parking and usable open space.

(Code 1974, § 23-30; Ord. of 10-17-1978; 23-30)

In residential districts, land and structures may be used, and structures may be erected, altered or enlarged only for the uses listed in the table below, except as allowed in other sections:

Footnote:

(P)—Permitted in this district only in a planned unit development.

Condominium projects shall be permitted uses upon approval by the zoning commission as a petition to rezone under sections 44-48 through 44-50, as applicable.

(Code 1974, § 23-31; Ord. of 10-17-1978, § 23-31; Ord. No. 80-7, 10-21-1980)

The board of adjustment may authorize any of the uses listed in the following table:

(Code 1974, § 23-32; Ord. of 10-17-1978, § 23-32; Ord. of 1-30-1979; Ord. No. 87-3, 3-3-1987)

For every building hereafter erected or used in whole or part as a dwelling in a residential district, the following minimum lot area per dwelling shall be provided:

(Code 1974, § 23-33; Ord. of 10-17-1978, § 23-33; Ord. No. 80-7, 10-21-1980)

(a)

Front yard. For every lot in a residential district abutting on a street, front yards of the following minimum depth shall be provided:

(b)

Side yard. For every building in a residence district side yards of the following minimum width (in feet) shall be provided:

(c)

Rear yards. For every principal building in a residence district, rear yards of the following average depths shall be provided:

(d)

Parking requirements. Single-family, two-family, townhouse and apartment buildings shall provide a minimum of two off-street parking spaces per dwelling unit.

(Code 1974, § 23-34; Ord. of 10-17-1978, § 23-34)

(a)

Maximum building height. The height of buildings and structures hereafter erected or altered shall not exceed the heights specified in the table below:

*In R-1, R-2, and R-3, the height of the dwelling may be increased to 45 feet, but not to exceed three stories, provided that the width of each side yard required is increased by a distance equal to the additional height of the building above 35-foot limitations.

(b)

In any residence district, the height limitation for public or semipublic buildings, such as churches, hospitals, sanitoriums or schools, may be increased to 80 feet, but not to exceed six stories, if the open spaces on the lot, as required by the schedule of area regulations, are increased so that no point in any wall of the building shall be nearer to the vertical plane through a lot line than a distance equal to three-fourths the height of such point above the curb level.

(c)

In any district, chimneys, stacks, elevator bulkheads, penthouses, gas or water towers, cooling towers, stage towers or scenery lifts, electric signs, wireless towers, and other necessary mechanical appurtenances where permitted by the use regulations of this zoning law, and erected upon and as an integral part of the building, may be erected or extended above the height limit of the district; provided that any such structure shall set back from the vertical plane of the permitted building line one foot horizontally for each two feet of extra height.

(d)

Application of limitations.

(1)

The height of a building shall be the vertical distance measured from the curb level to the highest point of the coping for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gabled, hipped or gambrel roofs.

(2)

Where a building is set back from a street line, or is not located adjacent to a street, the height may be measured from the average elevation of the ground (finished grade) along the front of the building instead of from the curb level; provided, in the first instance, that the distance from the street line to the front line of the building is not less than the height of such finished grade above the curb level.

(3)

On a corner lot having two or more frontage, the height of a building may be measured from the highest curb level.

(4)

On a through lot 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On a through lot more than 150 feet in depth, the height limit, including all exceptions thereto, as measured from the curb level permitting the greater height, shall apply to a depth of not more than 150 feet.

(Code 1974, § 23-35; Ord. of 10-17-1978, § 23-35)

(a)

Fences or enclosure walls.

(1)

A fence or enclosure wall shall not exceed a height of three feet when located along the front lot line or when located on any side line, from the front lot line to the setback line. All wire fences are prohibited along front and side lines, except by approval of the zoning board of adjustment.

(2)

A fence or enclosure wall shall not exceed a height of six feet when located along a rear lot line or a side line, behind the setback line.

(3)

A fence or enclosure wall along a street, whether side or rear, shall not exceed three feet in height.

(4)

For the purposes of this subsection (a), the following provisions shall be observed:

a.

No portion of a retaining wall shall be considered a fence or enclosure wall, except insofar as it projects above grade on the higher side of such grade.

b.

Any fence which substantially encloses the majority of a front or a rear yard line shall be considered as if it were a property line fence for the respective yard area.

c.

No hedge shall be considered a fence except for the purposes set out in subsections (a)(5) and (a)(6) of this section.

(5)

A hedge which is located along a street line shall be kept trimmed so that no portion shall protrude over the sidewalk. Where there is no sidewalk, any such hedge shall be kept trimmed so that no portion of it protrudes past the boundary line of the residential plot upon which the hedge is located.

(6)

On a corner lot, no fence, enclosure wall or hedge shall be constructed or allowed to grow so that a traffic hazard is created by obstruction of the view across such corner of intersecting streets.

(b)

Accessory structures.

(1)

An accessory structure shall not be more than 20 feet high, nor occupy more than 20 percent of the rear yard.

(2)

No accessory structure shall be allowed in a front yard except as a variance by the board of adjustment.

(3)

No accessory structure shall be located less than five feet from an adjoining side yard, nor less than ten feet from any street line or alley.

(4)

Earth station antennas, satellite dish antennas, or other ground-mounted antennas shall be considered as accessory structures in residential districts and shall conform to all the requirements of such accessory structures. As a further requirement, such antennas shall be located only within the rear yard of any dwelling as defined in section 44-3.

(Code 1974, § 23-36; Ord. of 10-17-1978, § 23-36; Ord. No. 79-5, 5-8-1979; Ord. No. 82-2, 3-30-1982; Ord. No. 83-6, 8-30-1983)

Pursuant to the authority contained in W. Va. Code, ch. 36B, known as the Uniform Condominium Act, effective July 1, 1980, the subdivision of tracts, buildings, common interests therein, their declaration as provided by law to be condominium projects, and their subsequent retention or sale as condominium units, shall be allowed upon application to the zoning commission as a petition for rezoning as set out in sections 44-48 through 44-50, as applicable, and pursuant to this section.

(1)

The definitions contained in section 44-3 shall be supplemented for the purposes of this section by incorporation by reference to the definitions contained in W. Va. Code, § 36B-1-103.

(2)

A person or persons desiring to declare, subdivide and resell or retain individual interests in land and buildings and common interests in land and buildings as condominium units, shall apply to the zoning commission for permission so to do. Such application shall contain such information as may be prescribed by the city engineer, but shall contain as a minimum duplicate original copies of the contents of the declaration required by W. Va. Code, § 36B-2-105, including the plats and plans required by W. Va. Code, § 36B-2-110. Where such declaration has been recorded, the copies so provided shall be copies certified by the clerk of the county commission of the county, except that plat or maps may be furnished as duplicate originals, provided that they bear the signature and seal of the preparing engineer. Where such declaration has not yet been recorded, such certified copies shall be furnished prior to final approval of the zoning commission.

(3)

Flexible condominiums as described in W. Va. Code, § 36B-2-106 shall not be permitted upon original application. Any request for an extension of, addition to, or other expansion of a condominium project approved under this and other applicable sections, shall be by new application.

(4)

Condominiums shall be subject to all the rules and regulations prescribed by the building codes of the city and by this Code. For the purposes of regulating area, yard size, density, parking, and for purposes of other regulations, condominium projects shall be construed as multifamily dwellings, and shall be subject to no further requirements than those imposed upon such dwellings, provided that each unit in a declared and approved condominium project shall be considered as an individual dwelling unit for the purposes of city service fees.

(Code 1974, § 23-36.1; Ord. of 10-17-1978, § 23-36.1; Ord. No. 80-7, 10-21-1980)