Elkins City Zoning Code
GENERAL REGULATIONS
§ 152.195 PURPOSE.
Provide for special situations that must be regulated in such a manner as to promote orderly development and to protect the public health, safety, and general welfare of the community. The following supplemental regulations have been deemed necessary to clarify and carry out the overall intent of this chapter.
(Ord. 301, passed 8-18-2022)
§ 152.196 ACCESSORY BUILDINGS, USES, AND STRUCTURES.
(A) All accessory buildings, uses, and structures shall require a permit. Accessory buildings, accessory uses, and accessory structures shall be permitted in all districts, provided each is customarily incidental and subordinate to a principal use. There must be a principal structure on the lot, or an adjacent lot under the same ownership, prior to the issuance of a permit for an accessory building or structure. Accessory buildings, uses, and structures shall not be permitted in front yards.
(B) No use that is to be carried on in an accessory building or structure shall be in violation of the permitted uses in that district.
(C) All permanent accessory buildings, uses, and structures shall be setback from all lot lines three feet.
(D) The height of accessory buildings and structures, except agricultural buildings and structures and those located in the Industrial District, shall not exceed the height of a single-story principal building or structure, and, for all principal buildings or structures greater than one story, shall not exceed 75% of the height of the principal building or structure, except that in all cases the height of an accessory building or structure shall not exceed 25 feet.
(E) In no situation shall an accessory building or structure be larger than the principal structure.
(F) Except as provided elsewhere in this code, no accessory building or structure shall be constructed and used as a dwelling. Provided, however, that one residential unit for a caretaker may be permitted in conjunction with any active industrial establishment.
(Ord. 301, passed 8-18-2022; Ord. 331, passed 6-6-2024) Penalty, see § 152.999
§ 152.197 YARD REQUIREMENTS.
All yards required to be provided under this code shall be open to the sky and unobstructed by any building or structure except for accessory buildings or structures in the rear yard, and fences, and the following which may project into the required yards as established in this code:
(A) Steps and stoops not exceeding 24 square feet;
(B) Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into the rear or side yard not exceeding three and one-half feet in width and placed so as not to obstruct light or ventilation; and
(C) Sills, eaves, belt courses, cornices, and ornamental features not exceeding two feet in width.
(D) For purposes of determining the required yard for townhouse developments, setbacks shall only apply from the perimeter of the main building to the perimeter of the parent parcel upon which the building is situated.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.198 ADDITIONAL PRINCIPAL BUILDINGS.
(A) Residential. Individual lots or subdivided parcels ten acres or less in size shall have no building or buildings used for living purposes in addition to the principal residence. Undivided land parcels of ten acres or greater in size shall be limited to one residential building per ten-acre unit of undivided land area. This provision shall not apply to factory-built home rental communities.
(B) Nonresidential. More than one principal building may be located upon the lot or tract of nonresidential properties, but only when such buildings conform to all setback requirements. Additional principal buildings may include a caretaker’s residence used in conjunction with an active industrial establishment or a caretaker’s residence used in conjunction with a place of worship or religious institution.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.199 ORIENTATION OF PRINCIPAL STRUCTURES.
All principal structures shall be required to have the front door facing the street on which the property is addressed, unless the Zoning Officer determines that the prevailing condition of the developed lots fronting the same street would warrant a different orientation, or another orientation is necessary for emergency services access.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.200 SWIMMING POOLS.
Private swimming pools are permitted accessory uses only when located in rear yards. Swimming pools and protective barriers must adhere to setback requirements within the zoning district where the pool is to be located.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.201 FENCES, LANDSCAPING, AND SCREENING.
Subject to the following conditions, fences and walls may be erected, and hedges and other plantings may be grown along the boundaries of a lot:
(A) Clear sight triangle. Fences, hedges, other plantings, or walls at street corners shall not interfere with any clear sight triangle. The height of such objects is restricted to two and one-half feet within the clear sight triangle. No fence, hedge, other plantings, or walls shall otherwise impose a threat to the public safety, including by obstructing the view of motorists to oncoming traffic or pedestrians.
(B) Height restrictions. Fences, walls, hedges, and other plantings used for the purpose of screening shall not exceed 42 inches in height from the front building line extending to the front lot line, and shall not exceed six feet in height extending behind the front building line of the main structure, excluding porches in the rear yard.
(C) Fences and walls.
(1) Fences and walls shall be durably constructed and well maintained.
(2) Fences and walls that have deteriorated shall be replaced or removed immediately.
(3) Fence and walls shall not be constructed out of fabric, junk, junk vehicles, appliances, tanks, barrels, razor wire, barbed wire, or electric fencing.
(4) The finished side of the fence shall be oriented towards the front of the lot or the direction of the adjacent property owner, unless the fence is not visible from adjoining property.
(D) Landscaped buffer areas.
(1) Five-foot landscaped buffer areas are the preferred method of buffering. However, where a buffer strip is considered to be impracticable or inappropriate, an opaque fence at least six feet in height, in the rear or side yard, or four feet in height in the front yard so as to restrict a clear view beyond said buffer may be substituted in whole or in part for a natural buffer, provided it is approved by the Zoning Officer.
(2) Landscaped buffer areas shall be continually maintained by the landowner. Any plant material that does not survive shall be replaced within six months. All landscaping shall be kept free of refuse and debris.
(3) Landscaped buffer areas may be required by the Board of Zoning Appeals as a condition of a conditional use permit.
(4) Landscaped buffer areas shall not be required where the lot abuts an area of existing natural vegetation that effectively screens the lot from casual observation to a height of at least eight feet.
(5) At least 50% of the screen planting specimens shall be evergreens, distributed evenly along the length of the barrier.
(6) All species within the screen planting shall be indigenous or otherwise well-suited to the city except that trees with large leaves which could clog storm drains and trees which are brittle, disease-prone, have low, spreading branches or shallow root systems; which drop large fruit or much sap; or which are otherwise messy shall also be avoided.
(7) Hedges shall be kept trimmed so that their branches shall not extend into the public road, or upon the lands of an adjoining owner, more than eighteen inches over the dividing line.
(8) No landscaping, tree, fence, wall or similar item shall obstruct the required clear sight triangle.
(E) Property adjacent to dwellings and zoned or existing single-family residential property. Landscaped buffer areas shall be provided between any new development adjacent to single-family residential property (existing or zoned) or adjacent to any dwelling, which landscaping shall be at least five feet wide and at least five feet high, subject to height limitations contained within this section.
(F) Parking lot screening. The following provisions apply only to new developments and additions or renovations to existing nonresidential or multi-family uses where the addition or renovation equals or exceeds 150% of the gross square feet of the principal structure; provided, that compliance with this section shall be required only to the degree that the minimum parking requirement can still be met.
(1) One interior island shall be provided for every ten spaces or more spaces. No island is required for nine or fewer spaces. Each interior island shall also be not less than five feet in width and extend along the entire length of the space. The location of the interior islands should be staggered to avoid a regimented appearance. At least one tree shall be provided within each interior island.
(2) Peripheral landscaping shall be required along the side of a parking lot, driveway, or loading area that abuts adjoining property that is not a right-of-way. A landscaping strip at least five feet in width shall be located between the parking area and the abutting property lines, except where driveways or other openings may be required. Between property lines, at least one tree for each 30 linear feet shall be planted in the landscaping strip in addition to other planting materials.
(3) The owner and their agencies shall be responsible for providing, protecting and maintaining all landscaping in healthy and growing conditions, replacing it when necessary, and keeping it free from refuse and debris.
(G) Frontage landscaping. Landscaping shall be provided along all property boundaries abutting the right-of-way of any street. A landscaping strip five feet in width shall be located along the right-of-way except where driveway or other openings may be required. One tree shall be planted for each 30 linear feet of the landscaping strip in addition to other planting materials.
(H) Ground-mounted and monument signs. All non-temporary ground-mounted or monument signs shall be installed with a minimum surround of three feet of regularly maintained floral and shrubbery landscaping in every direction.
Landscape Buffer Requirements
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.202 CLEAR SIGHT TRIANGLE.
In a clear sight triangle, the entire area shall remain clear of obstructions to sight, including but not limited to fences, hedges, other landscaping, and signs, above a plane established two and one-half feet in elevation to a height of eight feet from grade level at the intersection of any street, alley, or other public right-of-way centerline.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.203 LOT LINES AND IRREGULAR LOTS.
(A) Corner lots. Corner lots shall have no rear lot line.
(B) Flag lots. When the handle of a flag lot is less than the minimum width for a lot in the zoning district in which it is located, the handle is not to be used in delineating the minimum required lot width. The minimum lot width shall be taken from the front building line. However, the handle shall be used in computing the required minimum lot size, except that in no case shall the area of the handle constitute more than 50% of the entire lot. No structures, whether primary or accessory, shall be placed in the handle.
(C) Lot width. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot lines or street line.
(D) Irregular lots. Front setbacks for irregular lots shall be measured from the front lot line adjacent to the street right of way with the greatest frontage in linear feet.
(E) Pie-shaped lots. Setbacks on pie-shaped lots shall be measured at the closest point between the building and the angled lot line.
(F) Rear lot line (irregular). In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line farthest from any street shall be considered a rear lot line. Where there is only one lot line other than street lot lines, it shall be considered the rear lot line.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.204 HEIGHT EXCEPTIONS.
Spires, towers, domes, minarets, pinnacles, penthouses over elevator shafts, ventilation shafts, chimneys, smoke stacks, and fire sprinkler tanks may be erected to a greater height than any limit prescribed in these regulations, provided that such structures, when above such limit in height, shall be fireproof, and no floor or compartment thereof shall be constructed or used for human occupancy above the top story of the building upon which such structures are placed, and provided that penthouses, ventilation shafts, and tanks shall be set back from the exterior walls distances equal to their respective height above the adjacent roof.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.205 STORAGE, GENERAL.
(A) No lot or premise shall be used as a storage area for inoperable automobiles, appliances, or the storage or collection of any other miscellaneous items unless permitted in this code or by state statute. No lot or premise shall be used as a garbage dump or a dead animal rendering plant nor may manure, rubbish, or unauthorized miscellaneous refuse be stored in the open.
(B) Hazardous materials. Any storage of hazardous material that is ancillary to a permitted use or a conditional use shall meet the following conditions:
(1) All storage shall comply with all state, federal, and local regulations.
(2) Such material shall be listed and made known to the Chief of the City of Elkins Fire Department.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.206 STORAGE OF TRAILER, CAMPING, AND RECREATIONAL EQUIPMENT.
(A) At no time shall trailers or camping and recreational equipment be occupied or used for living, sleeping, or housekeeping purposes while being temporarily or permanently parked or stored on residential property, except as provided in division (D) below.
(B) Inoperable, dismantled, or unregistered recreational vehicles are not allowed in residential zoning districts.
(C) There shall be no parking of recreational vehicles over or onto a public sidewalk.
(D) Guests with trailers or camping and recreational equipment may temporarily park and occupy the trailer or camping and recreational equipment on a residential lot provided that parking is limited to one week each calendar month within the city per trailer or piece of camping or recreational equipment.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.207 PERFORMANCE STANDARDS.
No use of land or structure in any district shall involve any element, or cause any condition that may be dangerous, injurious, or noxious to any other property or person. Furthermore, every use of land or structure in any district must observe the following performance requirements:
(A) No activities shall be permitted that carry objectionable substances onto neighboring properties due to erosion by wind or water.
(B) No activity shall cause electrical disturbances adversely affecting radio, television, or other communication equipment in the surrounding area.
(D) No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.
(E) No glare shall be seen from any street or any residential area.
(F) No intense earth-shaking vibration shall be created or maintained by any industry beyond the property on which it is located.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.208 LIGHTING.
(A) All lighting shall be erected and maintained so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights of ways.
(B) All lighting shall be low intensity and shielded so there is no illumination of adjoining residential properties.
(C) Feature lighting, such as up lighting of trees or other plant material, seasonal lighting, and the like, shall be so arranged to reflect away from any residential structure. Such lighting shall not create a glare on adjacent streets or properties.
(D) Building, parking, and all other exterior lighting shall be shielded and directed in a manner such that lighting does not reflect or cause glare onto adjacent properties or interfere with street traffic. Bare, unshaded bulbs are prohibited.
(E) All non-essential lighting shall be turned off after business hours, leaving only the necessary lighting for security. Non-essential lighting applies includes display, aesthetic, parking, and sign lighting.
(F) Lighting is required for all off-street parking areas and off-street loading areas and for driveways providing ingress and egress for all non-residential and multi-family developments.
(Ord. 301, passed 8-18-2022) Penalty, see §152.999
§ 152.209 PARKING.
(A) Ingress and egress.
(1) Adequate ingress and egress to the parking facility shall be provided by clearly defined driveways.
(2) In no event shall vehicles be permitted to back directly into the public street from the off-street parking area.
(3) An alley shall not be considered adequate as the sole access for a parcel of land.
(B) Driveways.
(1) Driveways should be located to minimize traffic conflicts with traffic entering the street from either the same or the opposite side of the street.
(2) For residential uses, only one driveway access per unit is permitted. A lot with at least 100 feet of frontage along a street may be permitted one additional driveway access.
(3) Non-residential properties in any zoning district with frontages of 600 feet or less on any individual street are only permitted one driveway intersection per street.
(4) Non-residential properties in any zoning district with frontages greater than 600 feet may be permitted a maximum of two driveways per street frontage, provided that such driveways are at least 300 feet apart and that one driveway is clearly marked for egress only and one driveway is clearly marked for ingress only.
(5) Regardless of frontage, a development may be restricted to a single driveway depending on usage and interior and exterior traffic patterns.
(6) All access driveways shall be designed to conform to West Virginia DOT specifications with regard to roads.
(C) On any lot, no wall, fence, hedge, tree, shrub, or other obstruction shall be allowed which dangerously obscures the view of approaching traffic along the street, or at any intersection, including driveways.
(D) In a residential district, no more than 40% of the front yard may be used for parking, including driveways. Vehicles may not be parked or stored upon any lawn or landscaped area. All driveways and parking areas must be paved and if the application is to extend an existing driveway or parking area, like material must be used. Drive or parking shall be a durable and dustless surface with defined edges. Grass, soil, sand, gravel, or other similar materials are not durable and dustless surfaces. Recreational vehicles or trailers shall not be parked in the front yard setback for a period longer than 72 hours.
(E) Off-street parking spaces, with proper and safe access from a street, shall be provided on all non-residential lots, either within a structure or in the open, to serve the uses upon that lot.
(F) Parking requirements.
(1) The following minimum number of off-street parking spaces per use shall be provided for the uses indicated below as shown in Table 152.209(F): Minimum Parking Spaces Required, except for uses operating within the Central Business District.
(2) For uses not specified in this table the number of parking spaces shall be determined by the Zoning Officer on the basis of similar requirements, number of persons employed and number of visitors. Appeals to the determination of parking spaces may be made to the Board of Zoning Appeals.
(3) All square footage is in gross floor area.
(4) For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, re-established, or repaired, off-street parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation; provided, however, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this code for equivalent new uses.
Use
|
Minimum Number of Parking Spaces
|
Residential Uses | |
Single family residential | 2 spaces per dwelling unit |
Multi-family residential | 1 per bedroom |
Continuing care facility | 1 space per 3 beds and 1 space for each employee |
Senior independent housing | 1 per bedroom unit |
Bed and breakfast inn | 1 off-street space per guest room and 1 space for each nonresidential employee |
Educational, Institutional, Social and Fraternal Uses | |
Assembly (places of worship, theaters, auditoriums, etc.) | 1 space per 4 fixed seats, 1 space per 60 square feet of the main assembly where no fixed seats are used |
Community facility | 1 space per 1,000 sq. ft. of GFA and 1 space per employee |
Cultural service | 1 space per 300 sq. ft. of GFA |
Educational institution | 2 spaces per 1,000 sq. ft. of GFA |
Park | 5 spaces per acre of outdoor area |
School, pre-school to 12 | 2 spaces per classroom, 5 per classroom in high schools |
School, commercial | 6 spaces per classroom |
Business and Industrial | |
Child day care facilities | Class 1 and 2: 1 space per employee and 1 additional space for every 10 children enrolled. One designated drop off/pick-up space shall be permitted. Class 3 and 4: no additional parking beyond the normal residential requirements. |
Clinics | 5 spaces for each doctor engaged at the clinic plus one parking space for each employee |
Commercial (retail, office) | 1 space for each 200 sq. ft. of GFA |
Hotels, motels, etc. | 1 space per guest room and 1 space for each 3 employees. One space per 3 persons to the maximum capacity of the largest banquet or meeting room. |
Industrial | 1 space per employee on largest shift plus 5 customer parking space |
Restaurant (sit down)/tavern or drinking establishment/night club | 1 space per 100 sq. ft. of GFA plus 1 space per employee |
Restaurant (carry out) | 1 space per 2 employees |
Restaurant (fast food) | 1 space per 2.5 seats plus 1 space per 2 employees |
(G) Parking space dimensions.
(1) For angle parking, stalls shall be a minimum of nine feet in width and 18 feet in length.
(2) For parallel parking, stalls shall be minimum of eight feet in width and 20 feet in length.
(3) For compact space parking, stalls shall be not less than seven feet wide and 16 feet long, reserved for the parking of only one compact automobile.
(4) The minimum width of aisles providing access to stalls, varying with angle of the parking, shall be as follows in Table 152.209(G): Parking Standards.
(H) The required parking area shall be measured exclusive of interior drives or maneuvering areas.
(I) Parking spaces for use by persons with disabilities shall meet Americans with Disabilities Act of 1990 (ADA) standards.
(J) Nonresidential parking may be allowed in front, side, and rear yards, but no closer than 25 feet from a side or rear lot line or street right-of-way line.
(K) All parking areas shall be designed to be accessible year-round.
(L) Parking spaces shall be clearly delineated by suitable markings properly designed to avoid slip hazards, such as by adding sand to painted markings. Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings or signage.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.210 OFF-STREET LOADING REQUIREMENTS.
In connection with any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading berths not less than the minimum requirements specified in this section, except in the Central Business District:
(A) Areas provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuels, and other service vehicles shall be arranged so that they may be used without:
(1) Blocking or interfering with the use of accessways, automobile parking facilities, or pedestrian ways, or
(2) Backing out into a street.
(B) All required loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any traffic lane. No loading berth for vehicles of more than two-ton capacity shall be located less than 100 feet from any residential district. No permitted or required loading berth shall be located within 50 feet of any property line. No loading facilities shall be constructed between the building setback line and a street right-of-way line or within a required yard.
(C) All off-street loading areas shall be adequately buffered with a landscaped buffer area from adjacent streets and properties and landscaped in accordance with the provisions of this code.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.211 SATELLITE SIGNAL RECEIVING STATIONS.
(A) General requirements.
(1) Satellite signal receiving stations shall be for the personal use of residents, occupants, and their guests only.
(2) Satellite signal receiving stations shall contain no graphic message or advertising other than to identify the name of the company that provided the satellite.
(3) Only one satellite signal receiving station is permitted per lot, unless there is documentation provided to the Zoning Officer from the installer or satellite company that suggests that more than one satellite is necessary in order to receive the signals for the use and enjoyment of the property owner.
(4) Satellite signal receiving stations shall comply with all other provisions of this code not otherwise in conflict with this section pertaining to accessory structures for the particular zoning district in which such stations are to be installed.
(5) Satellite signal receiving stations shall be designed to withstand a wind force of up to 70 miles per hour without the use of supporting guy wires.
(B) Ground-mounted stations. Within all zoning districts, the following provisions shall apply to satellite signal receiving stations:
(1) Ground-mounted stations shall only be mounted in the rear yard behind the principal building or structure, shall not exceed an above grade height of 15 feet, and shall not be located closer than five feet to any lot line.
(2) If a lot or parcel cannot receive a signal for a ground station mounted in the rear yard, the Zoning Officer may permit a ground-mounted station in the side yard or front yard, subject to the following:
(a) Ground-mounted stations shall not exceed an above grade height of five feet.
(b) Ground-mounted stations shall not be located closer than five feet to a side lot line or front lot line.
(c) Ground-mounted stations shall be shielded or screened from view from the front lot line with natural vegetation or fencing to provide maximum screening or shielding without interfering with the signal.
(d) Ground-mounted stations shall be mounted in a concrete base in line with grade, utilizing only metal supports of galvanized construction,
(3) Wiring between ground-mounted stations and any other structure shall be placed underground.
(C) Roof-mounted and side-mounted stations. Within all zoning districts, the following shall apply to roof-mounted signal receiving stations or signal receiving stations affixed to the side of a primary or accessory structure (“side-mounted station”):
(1) Roof-mounted stations shall be mounted directly on the roof of a primary or accessory structure located in the rear yard and shall not be mounted on appurtenances such as chimneys, towers, or spires.
(2) Side-mounted stations shall be mounted directly on the side of a primary or accessory structure located in the rear yard and shall not be mounted on appurtenances such as chimneys, towers, or spires.
(3) Roof-mounted stations mounted on the roof of a primary or accessory structure shall not exceed a height of greater than five feet above the roof on which it is mounted. The height shall be measured vertically from the point at which such station is mounted on the roof.
(4) No portion of a side-mounted station mounted on the side of a primary or accessory structure shall be lower than seven feet from the ground on which the primary or accessory structure stands and shall not exceed a height greater than five feet above the location at which the station is mounted onto the side of the primary or accessory structure.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999
§ 152.212 TEMPORARY USES.
(A) Except as provided in division (B), only the following uses are permitted temporarily, for up to four consecutive weeks in one calendar year:
(1) Seasonal sales of such items as pumpkins, Christmas trees, firework stands, and the like in commercial districts;
(2) Carnival, circus, and street fairs in commercial or industrial districts; and
(3) Mobile amusements and lighting equipment for promotion, advertisement, and grand openings in commercial and industrial districts.
(B) Temporary permits may be issued for up to one year for nonconforming uses incident to housing and constructing projects including such structures and uses as storage of building materials and machinery, the processing of building materials, and a real estate office located on the tract being offered for sale, provided such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be renewed for no more than one additional year.
(C) A permit is required to be completed, returned to the Zoning Officer, and approved before any temporary use may commence, in addition to any other requirements of the city code of ordinances, including but not limited to obtaining a business license.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999