The official zoning map of the city can be found in Appendix A at the end of this chapter. The use table can be found in Appendix B at the end of this chapter. Where a discrepancy exists between the use table and the text of this chapter, the use table controls.

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

   In order to apply the provisions of this code, the city is hereby divided into the following classes of districts for the purpose of zoning:

   (A)   Single Family Residential (R-l);

   (B)   City Residential (R-2);

   (C)   Recreational (Rec);

   (D)   Central Business District (CBD);

   (E)   Commercial (B-l);

   (F)   Educational (E);

   (G)   Industrial (I-1)

   (H)   Telecommunications Overlay (TO).

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

   (A)   The boundaries of all zoning districts are shown on the official zoning map, which is the official zoning map for the City of Elkins. The map is part of this code and is included in Appendix A to Ord. 301.

   (B)   The district boundaries on the city zoning map are intended to follow property lines; centerlines of roads, water courses, or railroads; other identifiable physical features; or measured distances from property lines, centerlines, or identifiable physical features. When the Zoning Officer cannot determine the location of a zoning district boundary by reference to the zoning district map, the Zoning Officer shall refuse action; and the Board of Zoning Appeals shall interpret the location of the district boundary with reference to the scale of the map, the comprehensive plan, and the purposes set forth in all relevant provisions of this code, provided that no boundary shall be changed by the Board of Zoning Appeals. When a district boundary line divides a lot held in single or separate ownership at the effective date of this code, the permitted use on the lot is limited to those uses permitted in the zoning district in which the largest part of the lot is located, and the smaller part of the lot located in a another zoning district will be subject to the provisions where the largest portion of the lot is located.

   (C)   Unless a use is allowed as a “permitted use by right,” “use permitted with supplemental regulations,” “conditional use,” “conditional use with supplemental regulations,” “nonconforming use,” “temporary use” then such use is prohibited.

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

      (1)   Prior to the annexation hearing and formal zoning designation of any parcel(s) of land being annexed, the city shall, at least 30 days prior to the enactment of the zoning map amendment:

         (a)   Give written notice, by certified mail, to the landowner(s) whose property is directly involved in the proposed amendment; and

         (b)   Publish a notice of the proposed amendment to the zoning ordinance map as a Class II-0 legal advertisement, pursuant to W.Va. Code Ch. 59.

      (2)   After the required 30-day notice period ends and the property owners have been notified by certified mail, the City Council shall hold a public hearing regarding the zoning designation of the newly annexed land. After the hearing, City Council can, by ordinance, designate the zoning districts for the annexed land.

      (1)   Prior to the zoning hearing and formal designation of any unzoned parcel(s) of land being zones, the city shall, at least 30 days prior to the enactment of an ordinance amending the zoning map:

         (a)   Give written notice, by certified mail, to the landowner(s) whose property is directly involved in the proposed zoning and amendment to the zoning map; and

         (b)   Publish a notice of the proposed amendment to the zoning ordinance map as a Class II-0 legal advertisement, pursuant to W.Va. Code Ch. 59.

      (2)   After the required 30-day notice period ends and the property owners have been notified by certified mail, the City Council shall hold a public hearing regarding the zoning designation of the unzoned land. After the hearing, City Council can, by ordinance, designate the zoning district for the unzoned land, treating the unzoned land in the same manner that vacated land is treated in division (B) above.

(Ord. 301, passed 8-18-2022; Ord. 317, passed 12-7-2023)

   It is recognized that new types or forms of land use will develop within the city that are not anticipated by this chapter. In order to provide for such changes and contingencies, the classification of any new or unlisted land use shall be made by the Zoning Officer to determine if the use can reasonably be interpreted to fit into a similar use category described in this code.

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