Saint Albans City Zoning Code
ARTICLE 1315
Administration and Enforcement
1315.01 APPLICABILITY.
(a) The terms of this Ordinance shall be applied to support the intent set forth in the City of St. Albans Comprehensive Plan.
(b) This Ordinance shall apply to all lands, Buildings, Structures, Signs, properties, and their Uses, within the corporate limits of the City of St. Albans, West Virginia.
(c) The Planning Commission shall consider the most appropriate Zoning District classification(s) for any property proposed for Annexation and provide a recommendation to City Council. Upon Annexation, City Council shall consider the Planning Commission's recommendation and designate the property within one or more appropriate Zoning Districts.
(d) In general, the Subdivision and Land Development Ordinance shall provide design standards and other regulations pertaining to the development of land; whereas, the Zoning Ordinance provides parameters on the Use of land. Both documents correlate with each other to provide the overall regulations that are administered by the Planning Commission, City Council, and/or Zoning Board of Ae
(e) Except as hereinafter specified, no land shall hereafter be used or developed, and no Building or part thereof or other Structure shall be used, located, erected, constructed, reconstructed, extended, enlarged, converted, or altered, except in conformity with the regulations herein specified for the Zoning District in which it is located. Furthermore, any changes created by a subdivision of land shall also be in conformity with the regulations herein specified for the Zoning District in which it is located, as reviewed and determined by the Zoning Administrator.
(f) Nothing in this Ordinance shall be deemed or construed to void, nullify, abrogate, modify, limit or otherwise adversely affect any right vested under applicable law at the time of enactment of this Ordinance, whether such right arose under a subdivision or land development plan or plat, proffer, condition of annexation, or development agreement proposed by a Person and accepted or approved by the City or any of its departments or commissions or any other source. This Ordinance is not intended to interfere with or abrogate or annul any more restrictive Easements, covenants, building restrictions, or other agreements between parties relating to use or development of land.
(Ord. 2023-02. Passed 4-17-23.)
1315.02 INTERPRETATION.
(a) The regulations specified within this Ordinance shall be considered minimum regulations and shall be applied uniformly to all individuals and businesses within the jurisdiction of the City.
(b) Uses not permitted (whether expressly permitted or permitted upon interpretation and classification by the Zoning Administrator as follows) within a Zoning District shall be deemed excluded. The Zoning Administrator, shall interpret the classification of all land Uses within the context and intent of this Zoning Ordinance and may issue a decision regarding whether a particular Use is permitted or excluded in a Zoning District, all in accordance with this Ordinance.
(c) When this Ordinance places a greater restriction than is imposed or required by other provisions of law, or by other rules, regulations, Ordinances, or by private restrictions, covenants, or declarations, the provisions set forth in this Ordinance shall prevail, except where otherwise specifically stated herein. Without limitations of the foregoing, in the event of a conflict between or among the provision of this Ordinance, the City's Subdivision and Land Development Ordinance, and/or any other Codified Ordinance of the City, the conflicting provisions shall be given precedence in the following order: (1st) the provisions of this Ordinance; (2nd) the provisions of the City's Subdivision and Land Development Ordinance; and (3rd) the provisions of the City's other Codified Ordinances with precedence among them given to the provision bearing the latest date of passage.
(d) If there is a conflict between or among the provisions of this Ordinance, the stricter regulation shall apply.
(e) Private covenants contained in any Deed or Declaration are not enforceable by the City, however, such covenants may, as a factor, be considered in the exercise of its sound discretion by the Board of Zoning Appeals when called upon to consider Variance requests and neighborhood compatibility factors related thereto.
(Ord. 2023-02. Passed 4-17-23.)
1315.03 SEVERABILITY.
Should a court of competent jurisdiction declare any article, section, subsection, or provision of this Ordinance invalid or unconstitutional, this decision shall not affect the validity or constitutionality of this Ordinance as a whole, or any part thereof, other than the particular part so declared to be invalid or unconstitutional.
(Ord. 2023-02. Passed 4-17-23.)
1315.04 ADMINISTRATION AND ENFORCEMENT; ZONING ADMINISTRATOR.
(a) The provisions of this Ordinance shall be administered by the City of St. Albans Zoning Board of Adjustment, and as applicable the City Planning Commission. Within a reasonable time after the enactment of this Ordinance, and from time to time thereafter as determined appropriate, the Mayor shall appoint and City Council shall confirm a Zoning Administrator. The Zoning Administrator shall act on the Zoning Board of Adjustment's behalf and, as applicable, the Planning Commission's behalf to carry out the duties set forth in Subsection (d) below.
(b) The Planning Commission shall study zoning, its development, application and relation to public and private development and its relation to other phases of the Comprehensive Plan for development of the City of St. Albans and may, from time to time, submit amendments to these regulations or changes in the Zoning District boundaries to the Mayor and City Council of St. Albans. However, no such amendments or change shall become effective until approved by Council.
(c) All departments, officials, and public employees of the City of St. Albans which are vested with the duty or authority to issue permits or licenses shall issue no permit or license for any Use, Building, or purpose if the same would be in conflict with the provisions of this Ordinance.
(d) It shall be the duty and the power of the Zoning Administrator to:
(1) Receive and examine all applications for Zoning Permits;
(2) Issue Zoning Permits only where there is compliance with the provisions of this Ordinance and with other City Ordinances;
(3) Following a refusal of a permit, to receive applications for Appeals, Special Use Permits, and Variances, and promptly forward these applications to the Zoning Board of Adjustment;
(4) Conduct inspections and reviews to determine compliance or noncompliance with the terms of this Ordinance;
(5) Issue written stop, cease and desist orders and other written orders for correction of all conditions found to be in violation of provisions of this Ordinance. Such written orders shall be served upon Owners or Persons deemed by the Zoning Administrator to be violating the terms of this Ordinance;
(6) Record and file all applications for Zoning Permits with accompanying plans and documents. All applications, plans and documents shall be a public record except that the Zoning Administrator, pursuant to W. Va. Code Chapter 29B, Freedom of Information, may withhold information pertaining to a pending investigation involving unlawful activity and documents and data exempt from public disclosure;
(7) Maintain the official Zoning Map or Maps showing the current Zoning District classification of all land in the City;
(8) Bring any matter to the City Council for its action or information;
(9) Bring pertinent matters to the Zoning Board of Appeals for its action and information, and provide administrative duties accordingly;
(10) Timely revoke and require the return of a void Zoning Permit by notifying the permit holder in writing, stating the reason for the revocation. Zoning Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of applicable federal, state, or local laws; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate which violates this or any Ordinance of the City of St. Albans, or any applicable federal, state, or other local law is void;
(11) Upon the request of the Council, the Planning Commission, or the Zoning Board of Adjustment, present to such body's facts, records, or reports which they may request to assist them in making decisions or assist them in any other way as requested;
(12) Evaluate and classify proposed land Uses within the context of this Zoning Ordinance as either permitted, permitted with a Special Use Permit, or prohibited; and
(13) Create and maintain land use application forms.
(Ord. 2023-02. Passed 4-17-23.)
1315.05 ENFORCEMENT.
(a) The Zoning Administrator shall enforce this Ordinance by issuing written stop, cease, and desist orders and other written orders, by withholding Zoning Permits, by seeking an injunction, mandamus, or other judicial action to prevent, correct, or abate unlawful construction, conversion, alteration, occupancy, or Use, and by seeking warrants for prosecution of violators of this Ordinance when directed by City Council.
(1) Violation; remedies.
A. Complaints. Any Person alleging a violation of this Ordinance may file a written complaint with the Zoning Administrator. Upon receipt of a written complaint, the Zoning Administrator shall investigate the matter within ten (10) business days and take appropriate action to abate any verified violation. A complete record shall be kept of all written complaints received and the actions taken pursuant thereto.
B. Remedies. When any Building or part thereof or other Structure is used, located, erected, constructed, reconstructed, extended, enlarged, converted, or altered, or any land is used or developed, in violation of this Ordinance, or any provision of this Ordinance is otherwise violated, the Planning Commission, Zoning Board of Appeals, or Zoning Administrator may institute action in the Circuit Court of Kanawha County, through the City Attorney for injunction to restrain the Use conducted in violation of this Ordinance or any other violation of this Ordinance, and/or to direct the Owner or other appropriate Person to remove the subject Structure or Building. (Ord. 2023-02. Passed 4-17-23.)
1315.06 PENALTIES.
(a) Any person, firm, company or corporation, whether as owner, lessee, principal, agent, employee or otherwise owning, controlling or managing any building or premises, where a violation of any provision of this Ordinance has been committed or shall exist; any person, firm, company or corporation who shall assist in the commission of any violation of any provision of this Ordinance, or who shall build contrary to the plans or specifications submitted to and approved by the Zoning Administrator; any person, firm, company, or corporation, who shall omit, neglect or refuse to do any act required in this Ordinance, or who shall put into use any lot, or land in violation of any detailed statement or plans submitted and approved thereunder, shall be guilty of a misdemeanor, and upon conviction, shall be fined of not less than ten dollars ($10.00), nor more than three hundred dollars ($300.00), together with the cost of the action, and in default of payment thereof, to imprisonment in the City Jail for a period of not less than one day nor more than six months, or until such fine and cost shall be paid.
(b) Each and every calendar day or part thereof such violation continues shall be deemed a separate and distinct violation.
(c) In addition to the foregoing remedies, the City, by the City Attorney, may maintain an action for an injunction to restrain, correct, or abate any violation of this Ordinance.
(d) The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law.
(Ord. 2023-02. Passed 4-17-23.)
1315.07 ZONING PERMITS AND FEES.
(a) A Zoning Permit is a certification of property Use and shall be required for any of the following:
(1) Construction, reconstruction, erection, extension, enlargement, conversion, or structural alteration of any Building, including Accessory Structures;
(2) Change in Use of an existing Building or Accessory Structure to a Use of a different classification;
(3) Occupancy and Use of vacant land;
(4) Change in the Use of land to a Use of a different classification;
(5) Any change in a Legally Nonconforming Use; and
(6) Any Temporary Uses as defined herein. A Zoning Permit is issued subject to continued compliance with all requirements and conditions of this Ordinance and other regulations enacted by the City of St. Albans all as in effect at the time of issuance of the Zoning Permit and may be revoked for noncompliance.
(b) Applications. Each application a Zoning Permit for the construction, reconstruction, erection, extension, enlargement, conversion, or structural alteration of any building, including accessory structures, accompanied by two (2) copies of a Sketch Plan, one (1) copy of which shall be returned to the applicant upon approval. In the case of new residential and commercial structures, professional plans drawn to scale shall be submitted, along with a plat survey of the land to be developed. The Zoning Administrator may determine that a project requires a Sketch Plan which is drawn to scale or require the submission of a plat survey if such information will be required in order to determine compliance with this Ordinance.
(c) The Zoning Administrator shall approve the issuance of a Zoning Permit only if the application complies with the requirements of this Ordinance, and provided that such Zoning Permit shall be conditioned, where necessary, on the approval of the Zoning Administrator, and any other department, committee, or agency concerned, and provided the application is accompanied by the required fee. It shall be the responsibility of the applicant to identify any deviations from the standards and specifications of this Ordinance.
(d) The Zoning Administrator shall maintain a record of all Zoning Permits and copies shall be furnished upon request to any Person upon payment of the cost thereof. The issuance of a Zoning Permit shall not be construed so as to sanction a variance from the terms of this Ordinance and any Zoning Permit issued that would work to violate this Ordinance, the applicable Building Codes or the Subdivision and Land Use Ordinance shall be void.
(e) If the Zoning Board of Appeals or the Planning Commission shall determine that any provision of this Ordinance are violated, the Board or Commission may instruct the Zoning Administrator to take appropriate action to ensure compliance. This Section shall not be construed to require action by the Zoning Board of Adjustment or Planning Commission prior to the taking of appropriate enforcement action by the Zoning Administrator as otherwise provided in this Ordinance.
(f) The Zoning Administrator shall approve or disapprove the issuance of a Zoning Permit within sixty (60) days of the applicant's filing of a complete application. Failure of the Zoning Administrator to act within sixty (60) days of said period shall automatically be considered an approval of said Zoning Permit application unless the Zoning Administrator notifies the applicant within said sixty (60) day period that the application is incomplete and/or does not comply with the policies and requirements of applicable approval agencies, and/or that requested revisions to the permit application have not been made. A Zoning Permit shall become void one (1) year after its issue should no development take place after its issue.
(g) Permits for a principal Use shall encompass any Accessory Uses on the same property provided that such Accessory Uses are clearly reflected in the application or Accessory Structures indicative of such Uses are shown on the Sketch Plan.
(h) Fees. All applications for Zoning Permits, petitions to rezone property and variances shall be accompanied by the prevailing fees as set by the City Council, under the provisions of (Chapter, Article, Section), of the Codified Ordinances of the City of St. Albans and specify the various fees applicable to such applications and related matters, which provisions, as they may be amended from time to time, are incorporated into this Ordinance by reference.
(i) There shall be no refund of any fee paid hereunder.
(j) A Zoning Permit shall authorize only the Use, arrangement, and construction set forth in the application for same.
(k) Undertaking any of the activities listed without a Zoning Permit shall be deemed a violation of this Ordinance, provided that this Subsection shall not be construed to apply to a rearrangement of equipment within an existing facility.
(Ord. 2023-02. Passed 4-17-23.)