Kingwood City Zoning Code
EXCEPTIONS TO
ZONING REGULATIONS
§ 152.040 TWO-FAMILY OR MULTIPLE-DWELLING IN R-1 RESIDENCE DISTRICT.
In an R-1 Single-Family Residence District, any structure permitted in an R-2 and R-3 District may be erected on a lot the side of which adjoins a B-1 or B-2 or Industrial District, provided that the height of the dwelling, the lot area per family housed thereon, and the open spaces on the lot are in accordance with the regulations herein prescribed for the height and area districts in which such dwelling is located.
(Ord. 21, passed 1-14-2020) Penalty, see § 152.999
§ 152.041 COMMUNITY GARAGES IN RESIDENCE DISTRICTS.
In any residence district, a community garage may be erected in the interior of a block, provided:
(A) That no portion of such building shall be neared that 60 feet to the frontage of the block or nearer than 40 feet to a street line along the side of the block;
(B) That no portion of such building shall be less than 15 feet from the center of an alley; and
(C) That no portion of such building shall be nearer than 200 feet to an existing dwelling.
(Ord. 21, passed 1-14-2020) Penalty, see § 152.999
§ 152.042 GARAGES ACCESSORY TO MULTIPLE DWELLINGS.
In an R-3 Residence District, a garage with storage space to the extent of nor more than one car for each family may be erected upon the same lot with a multiple dwelling, for the housing of automobiles for those who have residence in such dwelling, provided:
(A) A garage, if a separate building, must be constructed to conform with the line of existing adjacent structures;
(B) That no repair facilities are maintained and no repairs except those of minor nature be made; and
(C) That any door for vehicles, opening upon a street, shall be at least 20 feet from the street line and an open, unoccupied space shall be maintained between said door and the street line. The height of such open, unoccupied space shall not be less than 12 feet and the other dimensions shall be such that no part of the building encroaches on the triangular area circumscribed by lines joining the center of the doorway and the two points on the street line, one on each side of the center line of the doorway and 12 feet there from.
(Ord. 21, passed 1-14-2020) Penalty, see § 152.999
§ 152.043 PUBLIC GARAGES IN BUSINESS DISTRICTS.
In B-1 and B-2 Districts a public garage may be established, erected or enlarged, provided:
(A) That no entrance or exit of such garage, for vehicles, shall be within 200 feet of the entrance to any school, playground, church, hospital or public library, or within 100 feet of any residence district established by this chapter;
(B) That no repair facilities shall be maintained on the front portion of the lot, or in the front portion of the first story of the building, within 30 feet of the street; and
(C) That any door for vehicles, opening upon a street, shall be at least 20 feet from the street line and an open, unoccupied space shall be maintained between said door and the street line. The height of such open, unoccupied space shall be not less than 12 feet and other dimensions shall be such that no part of the building encroaches on the triangular area circumscribed by lines adjoining the center of the doorway and two points on the street line, one on each side of the center line of the doorway and 12 feet therefrom.
(Ord. 21, passed 1-14-2020) Penalty, see § 152.999
§ 152.044 SERVICE STATIONS IN BUSINESS DISTRICTS.
In B-1 and B-2 Districts, a service station may be established, erected or enlarged, provided:
(A) That no entrance or exit of such service station, or garage, for vehicles shall be within 200 feet of the entrance to any school, playground, church, hospital or public library, or within 100 feet of any residence district established by this chapter;
(B) That no repair facilities shall be maintained on the front portion of the lot, or in the front section of the first story of the building within 30 feet of the street; and
(C) That any door for vehicles, opening upon a street, shall be at least 30 feet from the street line and an open, unoccupied space shall be maintained between said door and the street line. The height of such open, unoccupied space shall be not less than 12 feet and other dimensions shall be such that no part of the building encroaches on the triangular area circumscribed by lines joining the center of the doorway and two points on the street line, one on each side of the center line of the doorway and 12 feet therefrom.
(Ord. 21, passed 1-14-2020) Penalty, see § 152.999
§ 152.045 FILLING STATION IN BUSINESS DISTRICTS.
A filling station may be established, erected or enlarged in any B-1 or B-2 Districts, or in any industrial district, provided:
(A) That no equipment for the service of gasoline or oil be placed closer than 15 feet to any street line;
(B) That no portion of such building or its equipment be within 40 feet of any residence district established by this chapter; and
(C) That any door for vehicles, opening upon a street, shall be at least 30 feet from the street line and an open, unoccupied space shall be maintained between said door and the street line. The height of such open, unoccupied space shall not be less than 12 feet and other dimensions shall be such that not part of the building encroaches on the triangular area circumscribed by lines joining the center of the doorway and two points on the street line, one on each side of the center line of the doorway and 12 feet therefrom.
(Ord. 21, passed 1-14-2020) Penalty, see § 152.999
§ 152.046 RETAIL BEER OR ALCOHOLIC BEVERAGE IN BUSINESS DISTRICTS.
In the B-1 and B-2 Business Districts, retail beer or alcoholic beverage outlets may be established, erected or enlarged, provided that no entrance or exit of such retail beer or alcoholic beverage outlet shall be within 300 feet of the entrance to any school, playground, church, or public library; or within 100 feet of any residence district established by this chapter.
(Ord. 21, passed 1-14-2020) Penalty, see § 152.999
§ 152.047 MANUFACTURING IN BUSINESS DISTRICTS.
In a B-l or B-2 District, manufacturing not prohibited in an industrial district, and not otherwise excepted by this chapter, may be established and maintained subject to the following limitations:
(A) Such manufacturing processes shall not occupy the front portion of the first story of a building, within 30 feet of any street line;
(B) Such manufacturing processes shall not occupy an area exceeding 50% of the floor area of the building; and
(C) Such manufacturing processes shall not be located within 100 feet of any residence district, as established by this chapter.
(Ord. 21, passed 1-14-2020) Penalty, see § 152.999
§ 152.048 OFF STREET PARKING.
(A) No application for a building permit or use and occupancy permit shall be approved for residential or business unless there is included with the plan for such building, improvement, or use, a plot plan showing the required space designated for off-street parking. The plot plan shall clearly show the size and location of parking spaces, width and arrangement of access driveways, and arrangement of walls, fences and screen planting. A minimum number of off street parking spaces shall be provided in accordance with the following schedule where (1) means (per) in spaces per unit.
Use | Spaces Required
|
Use | Spaces Required
|
Automobile service station | (1/2) employees plus 1/owner or manager |
Banks or offices | 1/300 sq. ft. of floor area |
Beauty parlors or barbers | 1/300 sq. ft. of floor area shops |
Boarding, rooming, or lodging houses | 1/guest sleeping room |
Bowling alleys | 5/alley |
Car wash - machine | 1/3 employees plus 1/owner or manager and reserve spaces equal to 5 times capacity of machine wash |
Car wash - stall or by hand | 1/stall |
Churches | 1/4 seats in auditorium or 1/12 in classrooms, whichever is greater |
Commercial recreation uses | 1/4 persons in designated capacity of facility |
Convalescent, nursing, doctor and other health homes and institutions | 1/4 beds 1/12 employees plus 1/staff |
Dormitories, fraternity, and sorority houses | 1/3 beds plus 1/manager and ½ full-time employees |
Funeral homes or mortuaries | 8/parlor or chapel, plus 1/funeral vehicle |
Hotels | (1/2) sleeping rooms and 1/3 employees |
Medical clinics | 4/doctor |
Laundromats | (1/2) washing machines |
Libraries and museums | 1/250 sq. ft. of area open to public, plus 1/500 sq. ft. of other gross floor area |
Motels and tourist courts | 1/sleeping room or suite plus 1/owner or manager |
Private clubs, lodge halls, and union headquarters | 1/rooming unit plus spaces equal to 30% of capacity in persons |
Residential structures | 1/single-family detached; 1-1/2/dwelling unit for all other |
Restaurants, nightclubs, taverns and lounges | 1/100 sq. ft. of floor area plus 1/4 employees |
Retail stores, supermarkets, department stores and personal service shops | 1/200 sq. ft. of gross floor area |
Schools (public or private): elementary, high school, college, university or other institution of higher learning | (1/2) teachers, employees, or administrators plus 1/6 seats in assembly hall OR ½ teachers, employees, and administrators plus 1/10 students |
Theaters, auditoriums, and places of assembly with fixed seats | 1/4 seats plus ½ employees |
Trailer or monument sales, auctions | 1/2,500 sq. ft. of lot area |
Video lottery establishment | 1/100 sq. ft. of floor area plus 1/employee or 1/licensed gaming machine plus 1//employee, whichever is larger |
(B) Reasonable and appropriate off street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the City Council, who shall consider all factors entering into the parking needs of each use. The off street parking requirements for two or more uses may be satisfied by providing a common facility containing not less than the sum of the number of space required for each of the uses.
(C) In cases of development of properties where several uses could effectively use the same parking area, because of different periods of peak demand, the applicant may appear before the Board of Zoning Appeals to present a modified parking plan. The Board is authorized to approve such plans, when appropriate, after referral to the Planning Commission. The Board shall require written evidence of an agreement for joint use, and may impose any necessary additional conditions. Following are the design and development standards for off-street parking spaces:
(1) One automobile parking space shall consist of at least 200 square feet of area, with a minimum width of nine feet. Adequate interior driveways and entrance and exit driveways shall be provided.
(2) All parking areas designed to accommodate more than four cars shall be surfaced with materials which will eliminate problems of dust and mud, and shall be so drained as to prevent erosion damage to abutting properties or streets.
(3) When lighting of parking areas is provided, installations shall be arranged so as not to reflect or to cause glare into abutting residential lots or adjacent streets.
(4) No sign of any kind, other than one designating entrances, exits, or conditions of use shall be maintained on a parking area on that side which abuts or faces any premises situated in any residential zone. Such signs shall not exceed eight square feet in area, nor shall there be more than one such sign for each entrance or exit.
(5) Parking areas shall be designed with careful regard given to orderly arrangement, topography, amenity of view, ease of access, and as an integral part of the overall site design.
(6) If any proposed parking area is to have a capacity of 20 or more automobiles, at least 5% of the total area of the lot is to be planted with trees, shrubs, and other landscape materials.
(7) Off street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces an institutional premise or any premises located in a residential district. The screening shall consist of a masonry wall, solid fence, dense plantings, or other landscape feature of acceptable design. A wall or fence shall not be less than three feet or more than six feet six inches in height.
(Ord. 21, passed 1-14-2020) Penalty, see §
152.999
§ 152.049 SIGNS AND ADVERTISING STRUCTURES.
A separate building permit shall be required for any such sign, pennant, or notice not specifically included in an original building permit, except as provided hereinafter.
(A) Signs exempt from regulations. The following signs are exempt from the regulations contained in this article:
(1) Signs advertising the sale or lease of property;
(2) Signs indicating the architect, engineer, project name, source of financing and contractor when displayed during the construction period and on a construction site and removed 30 days after construction in completed;
(3) Governmental signs and legal notices;
(4) Directional signs not exceeding six square feet in area;
(5) Flags of any country, state or unit of local government;
(6) Memorial plaques and historical signs;
(7) Any lettering or design painted or applied directly to the surface of windows of a structure;
(8) Signs associated with churches and similar places of worship, located in a non-residential district, not exceeding 96 square feet;
(9) Signs associated with public and nonprofit schools, not exceeding 96 square feet;
(10) Political signs;
(11) Signs hanging or standing inside a building, not attached to a window or door, visible from a public street;
(12) Any signs inside an athletic field or other enclosed outdoor space; and
(13) Business signs of less than 48 square inches.
(B) Temporary signs.
(1) All temporary signs shall be permitted for a maximum of 30 days prior to the event they advertise. A building permit is not required for temporary signs.
(2) All temporary signs must be removed within 48 hours after the conclusion of the event. Any temporary sign still in place after said period may be confiscated by the city and the owner of the sign
may be subject to prosecution.
(C) Signs not to create a traffic hazard. No sign or banner shall be erected in the visibility triangle as defined in this chapter. Any such signs shall be removed at the direction of the Mayor of the city. If not removed be the owner or occupants of the property within ten days, the Mayor may cause the property owner to be cited for a violation of this chapter.
(D) Banners.
(1) Any business activity located in a B-1, B-2 or I-1 District, with a permitted permanent sign, may display banners. All banners must be attached to a permanent structure and no part of the banner or rope/string used to anchor the banner shall extend past the confines of the permanent structure. This section will allow a banner to be placed between the permitted poles or structures of a permitted permanent sign. The total square feet of banners shall not exceed the total square footage of current permitted signage.
(2) No banner shall be erected in the visibility triangle as defined in this chapter. Any such banners shall be removed at the direction of the Mayor of the city. If not removed by the owners or occupants of the property within ten days, the Mayor may cause the property owner to be cited for a violation of this chapter.
(E) Menu board sign.
(1) Menu boards shall be allowed only as an accessory use to a restaurant permitted to have a drive-thru window provided that:
(a) Such signs shall not exceed 32 square feet in area and six feet in height;
(b) Such signs shall not be legible from a public right-of-way or adjacent property;
(c) There shall be no more than one such sign per property;
(d) The color of such signs shall be neutral or earth tone or have architectural ties to the main building;
(e) Such signs may have changeable copy; and
(f) Such signs may be internally or directly illuminated.
(2) Menu board signs will not count against the total of otherwise allowed signage.
(F) Prohibited signs and devices.
(1) Spotlights, floodlights, luminous tubes or lighted signs installed in any way which will permit the direct rays of such light to penetrate into any residence;
(2) Signs that project above the roofline on which it is mounted unless attached properly to withstand applicable wind loads as regulated in the State Building Code;
(3) Any sign that copies or imitates an official sign or purports to have official status;
(4) Beacons;
(5) Windblown devices;
(6) Any sign that obstructs or substantially interferes with any window, door, fire escape, stairway, ladder, or opening intended to provide air, ingress, or egress to any building;
(7) Off-premise and billboard signs of any kind except those allowed under this chapter;
(8) Pylon signs, except those allowed under this chapter;
(9) No sign or banner except for authorized traffic signs shall be erected at the intersection of any streets in such a manner as to create a traffic hazard by obstructing the visibility triangle, as defined in this chapter, or at any location where it may interfere with, obstruct the view, or be confused with any authorized traffic sign; and
(10) Signs that flash, blink, rotate, or scroll.
(G) Signs generally.
(1) Outdoor advertising signs and structures, where permitted, shall be set back from the established right-of-way line of any street or thoroughfare, at least as far as the required front yard depth for a principal building in such districts; provided that for every square foot by which such signs or billboards exceed 80 square feet, such setback shall be increased by one-half foot but need not exceed 100 feet, except that at the intersection of any state or federal highways with a major secondary thoroughfare, the setback of any outdoor advertising sign or billboard shall not be less than 100 feet from the established or planned future right-of-way of such highway or street.
(2) In any nonresidential district there shall be permitted signs, including signs painted on buildings, for identification purposes or advertising products processed, manufactured or sold on the premises either on the building appurtenant thereto or on the ground, a distance not more than 100 feet from said building; provided such signs do not exceed 50 square feet in area for each 25 feet of frontage; provided that such signs shall not exceed two per business and the total area of all such signs shall not exceed 1,000 square feet. Such signs shall require a separate building permit if not submitted at the time of the submission of permit application for the primary application for the primary land use.
(3) No such billboard, sign, or advertising structure, other than signs flat against the face of a commercial building, shall face any public square or entrance to any public park, public or parochial school, library, church, or similar institution, within 200 feet thereof,
(4) The front and back of a sign may be used for sign purposes, provided that one face may not exceed the limits specified herein, nor may the area of the total sign faces exceed twice these limits.
(5) No billboard or outdoor advertising structure not pertaining to the use of any property shall be painted or located on any wall, building, or fence, or erected upon the roof of any building.
(H) Removal of signs upon discontinuation of use.
(1) Whenever the use of a building or premises by a specified business or other establishment is discontinued by the owner or occupant for a period of 90 days, the signs pertaining to that business or establishment that were installed by the occupant or owner, as well as all signs which do not conform to the standards of this chapter, shall be removed.
(2) Any signs not removed within 30 days following the 90 day period may be confiscated by the city and the owner of the sign may be subject to prosecution.
(Ord. 21, passed 1-14-2020) Penalty, see §
152.999
§ 152.050 PLANNED-UNIT DEVELOPMENT.
A planned-unit development may be allowed in any district by the Board of Zoning Appeals, subject to the following conditions:
(A) Application. In areas where planned-unit developments are proposed, the owner or owners of the property shall file applications to the Board of Zoning Appeals. Such applications shall be accepted for consideration under the following conditions:
(1) The area proposed shall be in one ownership or, if in several ownerships, the proposal for a special exception use shall be filed jointly by all of the owners of the properties included in the plan.
(2) The minimum size of an area proposed for planned-unit development shall be five acres.
(3) The area shall be adaptable to a planned-unit development. It shall not have running through it a major thoroughfare, railroad, or other physical feature which will tend to destroy the neighborhood cohesiveness.
(4) The area is or can be served with adequate public or community water and sewerage service meeting Health Department standards.
(5) The area is situated so that existing or programmed roads will be adequate to serve the traffic generated by the development.
(B) Data to accompany application. Together with the application for a special exception for a planned-unit development, there shall be submitted a tentative, overall development plan, which shall show:
(1) Topography;
(2) Proposed street system;
(3) Proposed lot layout;
(4) Proposed reservation for parks, playgrounds, school sites, and other open spaces;
(5) Types of dwellings and portions of the area proposed therefore;
(6) Proposed location of dwellings and parking areas;
(7) A tabulation of overall density per gross acre; and
(8) Preliminary plans and elevations of the several dwelling types.
(C) Density of development. The overall density of a planned-unit development shall not exceed by more than 10% the overall density that it would be possible to achieve were the site developed in the conventional fashion in compliance with the ordinary regulations or the district in which it lies. Area used or reserved for large regional parks, land subject to recurring flood, and swamp or marsh land shall not be included when computing the density.
(D) Application and review procedure. Upon receipt of application for a special exception permit for a planned-unit development, the Board of Zoning Appeals shall take the matter under consideration. The Board shall consider the location, arrangement, and size of lots and reservation of open space; the location, width and grade of streets; the location, arrangement, and height of buildings; the gross density proposed for the entire area; and such other features as will contribute to the orderly and harmonious development of the area, with due regard to the character of the neighborhood and its peculiar suitability for any one or more of the proposed uses.
(E) Modification of design requirements. In review of a planned-unit development plan, the Planning Commission may waive or modify the area, yard, height, and other design requirements for the type of development in the community if such modification will increase the amenities of the development without sacrificing public health and welfare requirements.
(Ord. 21, passed 1-14-2020) Penalty, see §
152.999
§ 152.051 DESIGN STANDARD REQUIREMENTS FOR SINGLE-FAMILY DWELLING UNITS.
(A) All single-family dwelling units shall comply with the following design standards regardless of the zoning district in which said single-family dwelling unit is situated:
(1) The roof pitch shall be minimum of 3:12.
(2) Roofing material shall be of a type that is in compliance with the West Virginia State Building Code.
(3) Roof overhang or eaves shall be designed for a minimum of six inches as measured from the vertical side of the building and not including rain gutters, which are required.
(4) The unit’s exterior finish shall be wood siding, vinyl siding, composite siding (cement board), stone, brick or other material approved by the West Virginia State Building Code.
(5) A perimeter enclosure is required in accordance with the West Virginia State Code. For manufactured housing units, all tow bars, axles and wheels shall be removed. The housing unit shall rest on a required foundation or basement as a permanent structure.
(6) No housing unit shall be less than 24 feet in width.
(B) This section shall be read in conjunction with all other sections adopted by the City of Kingwood in regard to mobile homes, zoning, structures and building and other matters pertaining to the building of homes within the municipal boundaries.
(Ord. - -, passed 11-14-2006)