Kingwood City Zoning Code

GENERAL PROVISIONS

§ 152.001 SHORT TITLE.

(A) This chapter shall be known as “the zoning chapter”.

(B) The map herein referred to, which is identified by the title of “Zone Map of Kingwood, West Virginia”, and which is hereby declared to be a part of this chapter, shall be known as the “zone map”.

(Ord. 21, passed 1-14-2020)

§ 152.002 DISTRICTS.

The city is hereby divided into six zoning districts and six height and area districts, which shall be known as:

Zoning Districts

R-1 Single-Family Residential

R-2 Two-Family Residential

R-3 Apartment Residential

B-1 Neighborhood Highway Commercial

B-2 Central Business District

I-1 Industrial

Height and Area Districts

R-1 30 foot districts (Residence)

R-2 30 foot districts (Residence)

R-3 40 foot districts (Residence)

B-1 50 foot districts

B-2 50 foot districts

I-1 100 foot districts

(Ord. 21, passed 1-14-2020)

§ 152.003 BOUNDARIES OF DISTRICTS.

(A) Generally.

(1) The location and boundaries of districts are and shall be as shown on the zone map; provided that, where the designation on the zone map indicates a district boundary approximately on a street or alley, or lot line, such district boundary shall then be construed to be located on said street, alley or lot line.

(2) The location, clarification, and/or addition of zoning districts should be specifically described in writing within this chapter. The zone map as hereinbefore referred to shall identify location and boundaries of each zoning district as specifically described within this chapter. Should a specific tract of area of real estate not be included within this chapter in a written description identifying its placement within a specific zoning district, the zone map designation as to zoning district for said specific tract or area of real estate shall determine the actual zoning district of the real estate in question. Should the zone map identify a use different from the use identified by the written description within this chapter, the zone map shall supersede the written description and the written description shall be altered accordingly.

(B) Zoning districts.

(1) (a) All real estate fronting upon and abutting to West Virginia State Route 7 within the city limits, with the exception of that real estate identified in this chapter herein, shall be designated as B-1 (Neighborhood Highway Commercial).

(b) The B-1 designation for this specifically identified property shall extend from West Virginia State Route 7 to the right-of-way of any city street running parallel or perpendicular to State Route 7, provided that said property designated as B-1 shall be contiguous to that property abutting to and fronting on State Route 7 without interruption, and all of said property shall be titled in the name of the same individual, firm, or corporation. Any lot or lots adjoining property which fronts and abuts to State Route 7 may be designated B-1 in order to enlarge the B-3 property, provided said lot or lots are contiguous and do not extend beyond a public street or alley. All property so designated as B-1 within this chapter must have primary and direct access from State Route 7 with the additional right to have access and egress to said lot from any perpendicular street abutting to said lot, if applicable and desired by property owner.

(c) There shall be no access to a business located upon a lot or lots abutting to and fronting on State Route 7 for public or commercial use from a parallel street abutting said B-1 property, unless said property abutting to the opposite side of said parallel street has been designated as a similar zoning district to that of B-1. Private access to the property from parallel streets shall be permitted for non-truck and non-public use. Rules pertaining to parallel streets as hereinbefore set forth shall also apply to any form of advertising conducted by said business located on B-1 property abutting and fronting on State Route 7.

(2) All property abutting to and fronting on West Virginia State Route 7 extending from the corner of Morgantown Street and Main Street and running east to Morgan Street shall be designated as B-2 (Central Business District). All other applicable restrictions as set forth in this chapter herein shall apply to said property abutting to and fronting on State Route 7 and designated as B-2.

(3) When a zoning district designated as B-1, B-2, and I-1 abuts to any R-designated zoning district (R-1, Single-Family Residential; R-2, Two-Family Residential; R-3, Apartment Residential), a privacy border may be required by the City Council in order to protect the integrity of the R-designated neighborhood. Said privacy border requirement, if appropriate, shall be set forth in the building permit issued by said Council.

(4) (a) Properties west of and abutting North Price Street that are not already deemed as R-1 will go from R-3 to R-1.

(b) Properties south and east of Pleasantdale Road change from I-1 to R-1.

(d) Properties abutting the eastern side of Chestnut Avenue change from R-1 to R-3.

(e) Corner property abutting Spring Hill Drive and Morgantown Street from most northern, abutting to the most southern abutting Beverly Street change from R-1 to B-1.

(f) Properties abutting the western side of Tunnelton Street to the junction of Tunnelton Street to Shower Bath Road change from R-3 to B-1.

(g) Properties between South Price Street and Morgan Street abutting High Street and extending to properties abutting Route 26 change from R-1 to B-1.

(h) Properties abutting Route 26 south of intersection of Lincoln Avenue change from R-1 to B-1.

(i) Properties abutting Route 26 and Kingwood Avenue change from R-1 to B-1.

(j) Properties encompassed by Brown Ave., Tunnelton Street, Price Street and Shower Bath Road that abut Tunnelton Street change from B-2 to B-1.

(k) Property from Pleasantdale Road to parallel to Shaffer Street abutting North Price Street to North Sigler Street change from R-3 and B-1 to I-1.

(l) Properties south of and encompassed by Big Four Road change from R-3 to B-1.

(m) Property east of and abutting Big Four Road and railroad bed change from R-3 to I-1.

(n) Property (Matthews parking lot) which extends northward behind five R-3 properties that abut Sisler Street change from R-3 to R-1.

(Ord. 21, passed 1-14-2020) Penalty, see § 152.999

§ 152.004 APPLICATION OF REGULATIONS.

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

(Ord. 21, passed 1-14-2020) Penalty, see § 152.999

§ 152.005 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALLEY. Any roadway or public way dedicated to public use and 20 feet or less in width.

COMMUNITY GARAGE. A group of private garages, either detached or under one roof, arranged in a row or around a common means of access, and erected for the use of residents in the immediate vicinity.

COURT. An open, unoccupied space, other than a yard, on the same lot with a building, unobstructed from the lowest level to the sky.

CORNER LOT. A lot abutting on two or more streets at their intersection.

CURB LEVEL. The elevation of the top of the curb or the established curb grade opposite the center of the building or portion thereof under consideration.

DEAD SPACE. Any area that is enclosed, preventing reasonable access or usage without easement.

DEPTH OF LOT. The mean horizontal distance between the front line and rear lot line.

DWELLINGS, ONE-FAMILY-DWELLING. A separate, detached building designed for and occupied exclusively as a residence for one family.

FAMILY. An individual; or two or more persons related by blood, marriage, adoption or foster relationship, living together; or a group of two or more individuals, not related by blood or marriage, but living together as a single, non-profit housekeeping unit whose relationship is of a permanent and distinct domestic character, with a demonstrable and recognizable bond where each party is responsible for the basic material needs of the other.

FILLING STATION. A building or lot where motor vehicles are supplied with gasoline and lubricant and shall be understood to include facilities for washing and greasing such motor vehicles.

FRONT YARD. A yard across the full width of the lot, extending from the front line of the building to the front line of the lot.

HALF-STORY. A story under a gabled, hipped or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three and one-half feet above the finished floor of such story.

HEIGHT OF BUILDING. The vertical distance measured from the curb level to the highest point on the roof adjacent to the street wall for flat roofs; to the deck line for mansard roofs; and to the mean height between eaves and ridge for gabled, hipped or gambrel roofs.

HEIGHT OF TERRACE. The difference in elevation between the curb level and the top of the terrace at the center of the building wall.

INNER COURT. A court not extending to a street or alley or to a front or rear yard.

INTERIOR LOT. A lot the side lines of which do not abut on a street.

LOT. A parcel of land which is or may be occupied by a building and accessory buildings, including the open spaces required under this chapter.

MECHANICAL EQUIPMENT. Equipment including, but not limited to, HVAC units, refrigeration units, compressors, generators, and the like.

MIXED OCCUPANCY. Occupancy of a building or land for more than one use.

MULTIPLE DWELLING. 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, tenement houses and all other family dwellings of similar character where apartments or suites are occupied and used as separate and complete housekeeping units; but not to include hotels or apartment hotels.

NON-CONFORMING USE. A use of a building or land not in conformity with the regulations of the district in which it is situated.

OUTER COURT. A court extending to a street or alley or to a front or year yard.

PORCH. A roofed, open structure projecting from the front, side or rear wall of a building, and having no enclosed features of glass, wood, or other material more than 36 inches above the floor thereof, except the necessary columns to support the roof.

PRINCIPLE STREET. The frontage on which the dwelling unit’s street address is located, or if there is no dwelling unit, the street that is most logically considered as providing the primary front-door access to the property.

PRIVATE GARAGE. A garage for housing automobiles only, with a capacity for not more than two motor vehicles. A garage exceeding a two-vehicle capacity, intended primarily for housing of cars belonging to occupants of the premises, shall be considered a PRIVATE GARAGE if the lot whereon such garage is located contains not less than 1,600 square feet for each vehicle capacity.

PUBLIC GARAGE. A building where automobiles are stored for a fee. A PUBLIC GARAGE may contain filling station facilities for the cars stored therein. A PUBLIC GARAGE may contain a room or rooms for displaying cars for sale.

REAR YARD. A yard across the full width of the lot, extending from the rear line of the building to the rear line of the lot.

RETAIL BEER OUTLET. Any person, firm, partnership, association or corporation selling, serving, delivering or otherwise dispensing cereal malt beverages or products of the brewing industry, commonly referred to as beer, lager beer, ale or other mixtures and preparations produced by the brewing industry.

SECONDARY FRONT YARD. Applying to a corner lot, the area between the secondary street right-of-way and the dwelling unit or in the event that there is no dwelling unit, the SECONDARY FRONT YARD shall be the property line that is adjacent to the secondary street right-of-way.

SECONDARY STREET. A street that abuts a property that also abuts a PRINCIPLE STREET.

SERVICE STATION. A building where automobiles are serviced or repaired. A SERVICE STATION may be located in a public garage. When in a separate building, it may contain filling station facilities for the cars being serviced therein.

SIDE YARD. A yard between the side lines of the building and the adjacent side line of the lot, extending from the front yard to the rear yard. If there be no front yard, the SIDE YARD shall be considered as extending to the front line of the lot; and, if there be nor rear yard, the SIDE YARD shall be considered as extending to the rear of the lot.

SIGNBOARD. Any structure or part thereof on which lettered or pictorial matter is displayed for advertising or notice purposes.

STREET. Any roadway or public way dedicated to public use, except an alley.

STORY. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it then the space between such floor and the ceiling next above it.

STRUCTURE. Anything constructed or erected, the use of which demands its permanent location on the land; or anything attached to something having a permanent location on the land.

STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

TELEPHONE EXCHANGE BUILDING. A building, with its equipment, used or to be used for the purpose of facilitating transmission and exchange of telephone messages between subscribers, and other business of the telephone company; but, in a residence district, as established by this chapter, not to include public business facilities, repair facilities, storage or plant materials or spare parts (other than those carried for the particular building) or storage of equipment, automobiles or trucks or housing, or quarters for installation, repair or trouble crews.

TEMPORARY SIGN. A sign which offers premises for development, sale, lease, or rent, or is otherwise for a temporary purpose, such as a special event, grand opening, public election or referendum, and the like.

TERRACE. A natural or artificial embankment between a building and its lot lines.

THROUGH LOT. An interior lot having frontage on two streets.

TWO-FAMILY-DWELLING. A separate, detached building designed for and occupied exclusively as a residence for two families.

UNIT OF PROPERTY. Any lot or group of continuous lots under one ownership.

VISIBILITY TRIANGLE. The area at an intersection encompassed by the triangle formed by measuring 20 feet linearly along the property lines parallel to the public right-of-way. There shall be no visible obstructions within the VISIBILITY TRIANGLE between the heights of 36 and 120 inches.

WIDTH OF COURT. The least horizontal dimension of a court at its lowest level.

YARD. 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.