Kingwood City Zoning Code

ZONING REGULATIONS

§ 152.020 R-1 SINGLE-FAMILY RESIDENCE DISTRICT.

In an R-1 Single-Family Residence District, land may be used and buildings may be erected, altered or used only for the following:

(A) One-family dwelling;

(B) Church or other place of worship;

(D) Library;

(E) Museum;

(F) Park (not including an amusement park operated for profit);

(G) Playground or athletic field;

(H) Country club;

(I) Home garden, home green house or home nursery; and

(J) Accessory use incident to any of the principal uses above listed and not involving the conduct of a business. House trailers shall not be considered an accessory use.

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

§ 152.021 R-2 FAMILY RESIDENCE DISTRICT.

In an R-2 Two-Family Residence District, land may be used and buildings may be erected, altered, or used only as follows:

(A) Any use permitted in an R-1 Single-Family Residence District.

(B) Two-family dwelling.

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

§ 152.022 R-3 APARTMENT RESIDENTIAL DISTRICT.

In an R-3 Apartment Residential District, land may be used and buildings may be erected, altered, or used only as follows:

(A) Any use permitted in an R-1 Single-Family Residence District;

(B) Multiple dwelling;

(D) Clubhouse (not including a club the chief activity of which is a service customarily carried on as a business);

(E) Hospital, other than a hospital for persons suffering from insanity or from diseases such as are commonly isolated in a separate building;

(F) Public or semi-public institution, educational or charitable (not including a jail, reformatory or other correctional institution);

(G) Electric sub-station without rotary machinery; or gas regulating station; and

(H) Accessory uses incident to any of the principal uses above listed and not involving the conduct of a business. House trailers shall not be considered as accessory use.

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

§ 152.023 ACCESSORY USES, RESIDENCE DISTRICTS.

In an R-1, R-2, or R-3 Residence District, accessory uses shall be uses customarily incident to the principal uses listed as permitted. They shall be understood to include, among other things:

(A) Home occupation/businesses: No portion of a retail or service oriented occupation, profession, trade or business which involves personal contact with any party not residing within the residence shall be performed or conducted at a residence located within the R-1, R-2, and R-3 zoning designations, with the provision that a day care provider who is not required to obtain a state license shall be permitted to operate within a personal residence within said zoning designations and shall be exempt from this section regarding residential businesses. Should a home occupation/business qualify under the above guidelines, (such as Avon salesman, house painter, arts and crafts person), the following provisions shall be applicable to such occupations/businesses:

(1) No person other than members of the family residing at the residence shall be engaged in such occupation.

(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 20% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(3) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation.

(4) The home occupation shall be conducted only within the principal structure.

(5) There shall be no sales conducted or service performed at the residence.

(6) No equipment or process shall be used in home occupations which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses on lots separate from the residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers on lots separate from the residence.

(7) No outdoor storage shall be allowed in connection with any home occupation.

(8) No form of any type of advertisement, including signs or display of items, shall occur within the residence or upon the grounds of said residence.

(9) No form of public advertisement (such as newspaper, telephone book or flyers) shall be used in reference to the home occupation/business.

(B) A private garage, or a separate building, may not be located closer to the street than existing adjacent structures.

(D) A sign or bulletin board, not exceeding 12 square feet in area, so placed as not to interfere with front yard requirements nor obstruct the view across the corner or intersecting streets; and erected upon the premises of a church or similar institution for the purpose of displaying the name and activities thereof, or the services herein provided.

(E) Should a violation of § 152.023 occur, any person aggrieved or with knowledge of said violation shall notify the City Council of the municipality of such unlawful action. Said Council shall immediately give written notice by certified mail with return receipt to the property owner of said residence requesting that the unlawful act cease. Should said property owner fail to cease said unlawful act within 20 days of receipt of said notice, said Council shall immediately institute an action for an injunction, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful use.

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

§ 152.024 B-1 NEIGHBORHOOD-HIGHWAY COMMERCIAL.

(A) In a B-1 Neighborhood-Highway Commercial District, land may be used and buildings may be erected, altered or used for local retail or personal service establishments with adequate off-street parking and amenities to serve customers and employees as follows:

(1) Barber shops and beauty parlors;

(2) Eating and drinking establishments excepting night clubs and similar establishments;

(3) Food stores and drug stores;

(4) Hardware stores;

(5) Laundries, hand or automatic;

(6) Electronics stores;

(7) Business and professional offices;

(8) Banks and other financial institutions;

(9) Hotels and motels;

(10) Automobile sales rooms and public home safes;

(11) Medical and dental office buildings and testing laboratories;

(12) Farm machinery sales; and

(13) Video lottery or gaming establishments. An establishment at which any form of gambling or games of chance are permitted or played, including but not limited to “video lottery” machines that are licensed or regulated under the provisions of the Limited Video Lottery Act codified in W. Va. Code §§ 29-22B-101 et seq. Regulated establishments do not include those establishments which solely sell lottery tickets. Provided that, no video lottery or gaming establishment shall be located within 300 feet of any residential zone, public or private educational institution, church, or other place of public worship, public park or playground, community center or facility, recreation center or facility, public building, public arena or other similar structure, or any other existing video lottery or gaming establishment, as measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building used as a video lottery or gaming establishment to the nearest property line of a lot within a residential zone or the nearest property line of any church, educational institution, the nearest boundary of a public park or playground, community center or facility, recreation center or facility, public building, public arena or other similar structure, or other such video lottery or gaming establishment.

(B) Provided further that, nothing in this subchapter shall be construed to limit or prohibit charitable organizations from holding charitable bingo or charitable raffles conducted pursuant to the provisions of W. Va. Code Chapter 47, Article 20 and Article 21. Any property owner who has on the property an existing video lottery or gaming establishment having been in operation on the date this subchapter becomes effective shall be considered “grand fathered”, so that such use may continue as a non-conforming use under the laws and ordinances that regulate such nonconforming uses.

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

§ 152.025 B-2 CENTRAL BUSINESS DISTRICT.

In a central business district, land may be used and buildings may be erected, altered or used for local retail or personal service establishments within the requirement of off street parking and amenities to serve customers and employees for any use permitted in the B-1 Commercial District, except video lottery or gaming establishments.

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

§ 152.026 I-1 INDUSTRIAL DISTRICT.

(A) In an industrial district, land may be used and buildings may be erected, altered or used for any industrial purpose except the following prohibited uses:

(1) Abattoir (slaughterhouse);

(2) Acetylene gas (manufacture of compound acetylene in excess of 15 pounds pressure per square inch);

(3) Acid manufacture;

(4) Animal fertilizer manufacture;

(5) Asphalt manufacture or refining;

(6) Brick, tile or terra-cotta manufacture;

(7) Celluloid manufacture or storage;

(8) Cement, lime or gypsum or plaster of paris manufacture;

(9) Chlorine or bleaching power manufacturing or refining;

(10) Coke ovens;

(11) Coal tax products manufacture;

(12) Creosote manufacture or treatment plant;

(13) Distillation of bones, coal or wood;

(14) Dye-stuff manufacture;

(15) Emery cloth or sand paper manufacture;

(16) Fat rendering, soap, tallow, lard, or grease manufacture or refining;

(17) Garbage, offal, dead animals, or refuse incineration, reduction or storage;

(18) Gas manufacture or storage in excess of 10,000 cubic feet;

(19) Gasoline service station (permitted under conditions prescribed in § 152.045);

(20) Gasoline storage in excess of an amount necessary for use or sale at retail on the premises;

(21) Glue, size or gelatin manufacture;

(22) Gunpowder, fireworks or other explosive manufacture or storage;

(23) Iron or steel foundry, blast furnace, rolling mill;

(24) Iron or steel works if of a character cited in subsection 42;

(25) Match manufacture;

(26) Oilcloth or linoleum manufacture;

(27) Ore reduction and general smelting operations;

(28) Paint, oil, shellac, turpentine or varnish manufacture;

(29) Petroleum refining or storage in excess of an amount necessary for use on the premises;

(30) Paper and pulp manufacture;

(31) Potash manufacture;

(32) Printing manufacture;

(33) Rock or slag crushing;

(34) Rubber caoutchouc or gutta percha manufacture or treatment;

(35) Soda ash, caustic soda or washing compound manufacture;

(36) Stone quarry;

(37) Slag dump;

(38) Stockyards;

(39) Tanning, curing or storage or raw hides or skins;

(40) Tar distillation or manufacture;

(41) Tar roofing or tar waterproofing manufacture; and

(42) In general, those uses which may be noxious or offensive, by reason of the emission of odor, dust, smoke gas, vibration or noise.

(B) In an industrial district, land may be used and buildings may be erected, altered or used for the following conditional uses by variance:

(1) Video lottery or gaming establishments; and

(2) Night clubs and similar establishments.