Morgantown City Zoning Code
ZONING DISTRICTS
§ 153.25 MINOR ESSENTIAL SERVICE.
(A) Minor essential services are permitted in all zoning districts.
(B) Such services include overhead or underground gas, electrical, telephone, telegraph, steam, fuel or water transmission or distribution systems; collection, communication, supply of disposal systems, including towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar accessories in connection therewith, but not including buildings.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014)
§ 153.26 AGRICULTURAL (AG).
(A) This District is intended to promote well-planned development of outlying areas. It is also intended to provide for agricultural uses and for rural residential uses. Because of the need for compatibility in this District, all uses marked with an asterisk (*) require that there be a development plan approved by Plan Commission.
(B) The following uses are permitted as principal uses:
(1) Agricultural uses;
(2) Single-family dwelling;
(3) Animal husbandry;
(4) *Residential development;
(5) *Open space uses;
(6) *Transportation uses;
(7) *Manufacturing uses;
(8) *Research uses;
(9) *Educational uses;
(10) *Healthcare uses;
(11) *Essential services;
(12) *Mobile home park;
(13) *Commercial development;
(14) *Resort motel or inn;
(15) *Retirement home; and/or
(16) *Public accommodation uses.
(C) Uses accessory to these uses are permitted on the same lot with the principal uses.
(D) The following uses may be permitted by the Board of Zoning Appeals as conditional uses:
(1) Mobile home;
(2) Church;
(3) Day care center;
(4) Confined feeding operation;
(5) Automobile repair shop;
(6) Automobile service station;
(7) Commercial development;
(8) Junkyard;
(9) Kennel;
(10) Mineral extraction in urban area;
(11) Automobile sales, new; and/or
(12) Automobile sales, used.
(E) (1) Agricultural uses shall have a minimum lot area of five acres, a minimum of 100 feet of frontage on a street, and a minimum lot width of 300 feet.
(2) Single-family dwellings shall have a minimum lot area of five acres and a minimum of 50 feet of frontage on a public street or other approved access.
(3) Front yard setbacks shall be at least 25 feet.
(4) Side and rear yard setbacks for any dwelling shall be at least ten feet, and for any accessory structure, at least five feet.
(5) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(6) Minimum standards for all uses on an approved development plan shall be as shown on the plan.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014; Ord. 2015-12, passed 11-2-2015) Penalty, see § 153.99
§ 153.27 LOW DENSITY RESIDENTIAL (R-40).
(A) This District is established to provide a transitional area between urban and rural areas and to provide for low-density residential development in areas where sewer and water services are not provided. It is intended for those areas where soils are suitable for on-site sewage disposal systems, on lots large enough to accommodate such systems. Because of the need for compatibility in this District, all uses marked with an asterisk (*) require that there be a development plan approved by the Plan Commission.
(B) The following are permitted as principal uses:
(1) Single-family dwelling;
(2) *Open space uses;
(3) *Educational uses;
(4) *Residential development;
(5) *Mobile home park; and/or
(6) *Health care use.
(C) Uses accessory to these uses are permitted on the same lot with the principal uses.
(D) The following uses may be permitted by the Board of Zoning Appeals as conditional uses:
(1) Church;
(2) Day care center; and/or
(3) Essential services.
(E) (1) Single-family dwellings shall have a minimum lot area of 40,000 square feet and a minimum of 100 feet of frontage on a public street or other approved access.
(2) Front yard setbacks shall be at least 25 feet.
(3) Side and rear yard setbacks for any dwelling shall be at least ten feet, and for any accessory structure, at least five feet.
(4) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(5) Minimum standards for all uses on an approved development plan shall be as shown on the plan.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99
§ 153.28 MEDIUM DENSITY RESIDENTIAL (R-10).
(A) This District is established to provide suburban-type residential development in areas where sewer and water and services are provided. Because of the need for compatibility in this District, all uses marked with an asterisk (*) require that there be a development plan approved by the Plan Commission.
(B) The following are permitted principal uses:
(1) Single-family dwelling;
(2) *Open space uses;
(3) *Educational uses;
(4) *Residential development; and/or
(5) *Mobile home park.
(C) Uses accessory to these uses are permitted on the same lot with the principal uses.
(D) The following uses may be permitted by the Board of Zoning Appeals as conditional uses:
(1) Church;
(2) Day care center; and/or
(3) Essential services.
(E) (1) Single-family dwellings shall have a minimum lot area of 10,000 square feet and a minimum of 75 feet of frontage on a public or private street.
(2) Front yard setbacks shall be at least 25 feet.
(3) Side and rear yard setbacks for any dwelling shall be at least ten feet, and for any accessory structure, at least five feet.
(4) Minimum standards for all uses on an approved development plan shall be as shown on the plan.
(5) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99
§ 153.29 HIGH DENSITY RESIDENTIAL (R-5).
(A) This District is established to provide high-density residential development on infill lots in developed areas where sewer and water services are provided. Because of the need for compatibility in this District, all uses marked with an asterisk (*) require that there be a development plan approved by the Plan Commission.
(B) The following are permitted principal uses:
(1) Single-family dwelling;
(2) Two-family dwelling;
(3) *Open space uses; and/or
(4) *Educational uses.
(C) Uses accessory to these uses are permitted on the same lot with the principal uses.
(D) The following uses may be permitted by the Board of Zoning Appeals as conditional uses:
(1) Church;
(2) Day care center; and/or
(3) Essential services.
(D) (1) Single-family dwellings shall have a minimum lot area of 5,000 square feet and a minimum of 40 feet of frontage on a public street.
(2) Two-family dwellings shall have a minimum of 7,500 square feet and 60 feet of frontage on a public street.
(3) Front yard setbacks shall be at least 15 feet.
(4) Side and rear yard setbacks for any dwelling shall be at least ten feet and for any accessory structure at least five feet.
(5) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(6) Minimum standards for all uses on an approved development plan shall be as shown on the plan.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99
§ 153.30 MULTIFAMILY RESIDENTIAL DISTRICT (RM).
(A) This District is established to provide multifamily residential development on parcels in areas where sewer and water services are provided. It is intended for those areas where public sewage disposal is available. Because of the need for compatibility in this District, all uses marked with an asterisk (*) require that there be a development plan approved by the Plan Commission.
(B) The following are permitted uses:
(1) *Multifamily dwellings; and/or
(2) *Open space uses.
(C) Uses accessory to these uses are permitted on the same lot with the principal uses.
(D) The following use may be permitted by the Board of Zoning Appeals as a conditional use: essential services.
(E) (1) Multifamily dwelling projects shall have a minimum lot area of two acres, with a minimum of 40 feet of frontage on a public street.
(2) The minimum lot area for each dwelling unit shall be 1,500 square feet.
(3) Minimum standards for all uses on an approved development plan shall be as shown on the plan.
(4) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99
§ 153.31 MIXED USE DEVELOPMENT DISTRICT (MXD).
(A) This District is intended to provide for a mixture of dense, small-scale urban uses in the community core. This District includes the central business area, as well as a mixture of uses in the older, more densely developed portions of the town. Because of the need for compatibility in this District, all uses marked with an asterisk (*) require that there be a development plan approved by the Plan Commission.
(B) The following uses are permitted as principal uses:
(1) Single-family dwelling;
(2) Two-family dwelling;
(3) *Multifamily dwelling;
(4) *Church;
(5) *Health care use;
(6) *Retail sales establishment;
(7) *Personal convenience services;
(8) *Professional and business services;
(9) *Restaurant;
(10) *Day care center;
(11) *Bed and breakfast use;
(12) *Public accommodation uses;
(13) *Open space uses;
(14) *Transportation uses;
(15) *Manufacturing uses;
(16) *Research uses;
(17) *Educational uses; and/or
(18) *Essential services.
(C) Uses accessory to these uses are permitted on the same lot with the principal uses.
(D) The following uses may be permitted by the Board of Zoning Appeals as conditional uses:
(1) Automobile repair shop;
(2) Automobile service station;
(3) Commercial garage;
(4) Automobile sales, new; and/or
(5) Automobile sales, used.
(E) (1) The minimum lot area is 5,000 square feet, and the minimum frontage on a public street is 40 feet.
(2) The minimum front setback shall be ten feet.
(3) Side and rear yard setbacks for any structure shall be at least five feet.
(4) No structure, other than public buildings or churches, shall contain more than 5,000 square feet per floor.
(5) Minimum standards for all uses on an approved development plan shall be as shown on the plan.
(6) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014; Ord. 2015-12, passed 11-2-2015) Penalty, see § 153.99
§ 153.32 NEIGHBORHOOD SERVICE DISTRICT (C-1).
(A) This District is established to provide for small-scale retail business uses to serve residential neighborhoods. Because of the need for compatibility in this District, all uses marked with an asterisk (*) require that there be a development plan approved by the Plan Commission.
(B) The following uses are permitted as principal uses:
(1) Personal convenience services;
(2) Retail sales establishment;
(3) Restaurant;
(4) Professional and business services;
(5) *Health care use;
(6) Day care center;
(7) *Educational uses; and/or
(8) *Essential services.
(C) Uses accessory to these uses are permitted on the same lot with the principal uses.
(D) The following uses may be permitted by the Board of Zoning Appeals as conditional uses:
(1) Church;
(2) Automobile repair shop;
(3) Automobile service station; and/or
(4) Commercial garage.
(E) (1) The minimum lot area is 10,000 square feet, and the minimum frontage on a public street is 100 feet.
(2) The minimum front setback shall be 30 feet.
(3) Side and rear yard setbacks shall be at least five feet.
(4) The maximum floor area of any building shall be 1,200 square feet.
(5) Minimum standards for all uses on an approved development plan shall be as shown on the plan.
(6) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99
§ 153.33 GENERAL BUSINESS (C-2).
(A) This District is established to provide for a wide variety of retail and other commercial uses.
(B) The following uses are permitted as principal uses:
(1) All uses permitted in the B-1 District;
(2) Public accommodation uses;
(3) Commercial recreation uses, such as auditorium, theater, bowling alley, miniature golf, skating rink, and similar indoor or outdoor amusement uses; and/or
(4) Clubs, funeral parlors, mortuaries, and similar uses.
(C) Uses accessory to these uses are permitted on the same lot with the principal uses.
(D) The following uses may be permitted by the Board of Zoning Appeals as conditional uses:
(1) Automobile service station;
(2) Automobile repair shop;
(3) Commercial garage;
(4) Essential services;
(5) Car wash;
(6) Drive-up window;
(7) Transportation uses; and/or
(8) Manufacturing uses.
(E) (1) The minimum lot area is 10,000 square feet, and the minimum frontage on a public street is 100 feet.
(2) The minimum front setback shall be 25 feet.
(3) Side and rear yard setbacks shall be at least ten feet.
(4) Minimum standards for all uses on an approved development plan shall be as shown on the plan.
(5) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99
§ 153.34 PLANNED COMMERCIAL DISTRICT (C-3).
(A) This District is established to provide for shopping centers, office parks, and other commercial centers which are planned and managed as a unit. Because of the need for compatibility in this District, no use is permitted without a development plan approved by the Plan Commission.
(B) Any commercial or industrial use approved by the Plan Commission on the development plan is permitted in this District.
(C) (1) Planned business projects shall be at least two acres in size, unless the Plan Commission finds that special circumstances warrant a smaller project size. Individual lots of smaller sizes may developed within the project, but such lots shall be oriented to the remainder of the project, and the entire project shall be unified in design and character and subject to uniform covenants running with the land.
(2) At least 10% of the total land area of a planned business project shall be devoted to open space other than parking. This space may be useable open space for the convenience of customers of landscaped areas, and it may be indoors or outdoors.
(3) Other minimum standards for this District shall be those on the approved development plan.
(4) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99
§ 153.35 LIGHT MANUFACTURING DISTRICT (M-1).
(A) This District is established to provide for industrial operations which are conducted within enclosed buildings in such a manner that nuisances will not be created for neighboring properties. Because of the need for compatibility in this District, no use shall be permitted without a development plan approved by the Plan Commission.
(B) The following uses are permitted as principal uses:
(1) Light manufacturing, including processing, refining, fabricating, assembling, cleaning, testing, or repairing of goods, materials, or products;
(2) Wholesaling, warehousing, packaging, storage, or distribution facilities;
(3) Transportation uses;
(4) Research uses;
(5) Essential services; and/or
(6) Office uses.
(C) Uses accessory to these uses are permitted on the same lot with the principal uses.
(D) (1) Principal uses shall have a minimum lot area of 10,000 square feet, and a minimum of 100 feet of frontage on a public street.
(2) Front yard setbacks shall be at least 25 feet.
(3) Side and rear yard setbacks shall be at least ten feet.
(4) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(5) In addition, the development or use shall comply with the approved development plan.
(E) The following uses may be permitted by the Board of Zoning Appeals as conditional uses:
(1) Automobile service station;
(2) Automobile repair shop;
(3) Commercial garage; and/or
(4) Retail sales establishment.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99
§ 153.36 INDUSTRIAL PARK DISTRICT (M-2).
(A) (1) This District is established to provide for groupings of industrial uses in a single development which are designed and planned as a harmonious development.
(2) Because of the need for compatibility in this District, no use is permitted without a development plan approved by the Plan Commission.
(B) Any commercial or industrial use approved by the Plan Commission on the development plan is permitted in this District.
(C) (1) Industrial parks shall be at least ten acres in size, unless the Plan Commission finds that special circumstances warrant a smaller project size. Individual lots of smaller sizes may develop within the project, but such lots shall be oriented to the remainder of the project, and the entire project shall be unified in design and character and subject to uniform covenants running with the land.
(2) At least 10% of the total land area of an industrial park shall be devoted to open space other than parking.
(3) Other minimum standards for this District shall be those shown on the approved development plan.
(4) Off-street parking shall be provided in accordance with the parking standards and regulations attached to the zoning ordinance codified herein and incorporated as a part of this chapter.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99