This chapter shall be known as the zoning ordinance of the City of Elkins, West Virginia, hereinafter referred to as “this code” or “this chapter.”

(Ord. 301, passed 8-18-2022)

   Whereas, by act of the West Virginia State Legislature, as recorded in West Virginia Code, the governing body of any county or municipality may, by ordinance, classify the territory under its jurisdiction into districts of such number, shape, and size as it may deem best suited to carry out the purpose of zoning.

(Ord. 301, passed 8-18-2022)

   This code is consistent with the city’s comprehensive plan and was developed to promote the health, safety, and general welfare of the public. Other purposes of this code include:

   (A)   To plan so that adequate light, air, convenience of access, and safety from fire, flood, and other danger is secured;

   (B)   To ensure attractiveness and convenience is promoted;

   (C)   To lessen congestion;

   (D)   To preserve historic landmarks, sites, districts, and buildings;

   (E)   To promote the orderly development of land; and

   (F)   To preserve agriculture.

(Ord. 301, passed 8-18-2022)

   (A)   The provisions of this code shall apply to the construction, addition, alteration, moving, repair, and use of any building, structure, parcel of land, or sign within the city, except work located primarily on a public way or road, or on public utility towers and poles, and public utilities, unless specifically mentioned in this code.

   (B)   In fulfilling these purposes, this code is intended to benefit the public as a whole and not any specific person or class of persons. Although, through the implementation, administration, and enforcement of this code, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the city hereby shall not be enforceable in tort.

(Ord. 301, passed 8-18-2022)

   (A)   In their interpretation and application, these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

   (B)   These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provisions of law. Where the conditions imposed by, or pursuant to, these regulations are different from those imposed by any other provision of these regulations or any other ordinance rule or regulation, statute, or other provision of law, the provisions which are more restrictive, and which impose the higher or greater standards shall control. If any portion of this code held invalid for any reason, the remaining herein shall not be affected.

(Ord. 301, passed 8-18-2022)

   It is not the intent of this code to exclude any persons or groups with differing economic, race, color, religion, sex, national origin, disability, or familial status from enjoyment of a residence, land ownership, or tenancy within the city; nor is it the intent of this code to use public powers in any way to promote the separation within the city of economic, racial, religious, or ethnic groups, except as may be an incidental result of meeting the purposes outlined in this subchapter.

(Ord. 301, passed 8-18-2022)

   The zoning ordinance of the city shall include this code and the accompanying official zoning map, which shall be considered part of this code. The official zoning map shall be the map certified by the City Council. All subsequent amendments (i.e., rezoning) of the official zoning map shall be certified by the City Council and then filed with both the office of the Clerk of Randolph County and the City Clerk.

(Ord. 301, passed 8-18-2022)

   The Council of the City of Elkins hereby ordains for the purpose of accomplishing the objectives set out in the West Virginia Code, and § 152.003 above, that the following be enacted as the zoning code of the city.

(Ord. 301, passed 8-18-2022)

   This chapter shall take effect upon final adoption.

(Ord. 301, passed 8-18-2022)