Saint Albans City Zoning Code
ARTICLE 1329
Overlay Districts
1329.01 PURPOSE; ESTABLISHED.
The purpose of overlay zoning districts is to allow the City to establish special land use regulations, standards, or procedures in areas with unique land use, site planning, and building design issues. Overlay zoning districts are also an appropriate mechanism to implement long-term goals and land use requirements of the City for a specific property, location, or to coordinate land use and design requirements unique to a large tract of land. Overlay zoning districts are intended to be applied only where special circumstances justify the modification of base zoning district regulations to achieve specific land use and design objectives.
(a) Districts. In addition to the conventional zoning districts established by this Ordinance, the following overlay districts are established:
(1) Downtown Overlay District (DO)
(2) Railway Depot Overlay (RD)
(b) Establishment and Designation. Overlay zoning districts are established through rezoning, and only in conjunction with base zoning districts. Letters, numbers, or a combination thereof, shall be combined with other applicable district designations to the property or properties on which an overlay district is established. Except as modified by the overlay zoning district, the provisions of the applicable base zoning district shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay zoning district regulations shall prevail.
(1) Whenever an overlay district is established, any subsequent application to change the base zoning district shall not be construed to be an application to eliminate the overlay district for the property covered by the application.
(Ord. 2023-02. Passed 4-17-23.)
1329.02 DOWNTOWN OVERLAY DISTRICT (DO).
(a) It is the purpose of this district to provide for a pedestrian-oriented commercial district compatible with a traditional downtown concept, and encourage a mix of residential uses above commercial uses to increase the intensity of activity in the area, and integrate pedestrian access to provide linkages to nearby parks, plazas, residential areas and other amenities, and to achieve the preservation of structures in the Downtown Overlay district to foster urban and civic beauty; and strengthen the local economy. This district is intended to promote the preservation of historic and architectural character and the predominant scale of the downtown by encouraging retention and appropriate use of existing structures and to ensure that new infill development be compatible with surrounding structures and the area in general.
(b) The Downtown District Overlay is hereby established as a district which overlays existing zoning districts, the extent and boundaries of which are as indicated on the official zoning map of the City of St Albans.
(c) The extent and boundaries of the district include all properties adjoining or abutting the Sixth Avenue right of way from Second Street to West Main Street from West Main Street to the intersection of Second Street and Kanawha Terrace: along with the properties adjoining or abutting the Main Street right of way from Fourth Street to B Street.
(d) Multifamily dwellings shall be permitted on second and third floors of buildings where the first floor is used for commercial purposes.
(e) Lot Provisions in the Downtown Overlay
(f) Non-residential and Residential uses:
(g) No minimum lot size shall be required
(h) No minimum lot frontage shall be required.
(i) Maximum lot coverage shall be 100 percent (100%).
(j) Height shall not exceed forty-five (45) feet or three stories above grade at the building line.
(k) Parking, Loading and Internal Circulation in the Downtown Overlay.
(1) Businesses and residences in the Downtown Overlay are exempt from the parking requirements for the underlying zoning district if the use is located within 1000 feet of a municipal parking area.
(l) Loading standards of the underlying district shall apply.
(m) Landscaping and screening regulations of the underlying zoning districts shall apply.
(n) Signs in the Downtown Overlay.
(1) All signage shall be compatible with the exterior of existing buildings in the district.
(2) Portable signs are permitted.
(o) Number,
(1) One (1) sign shall be permitted for the sole purpose of identifying the occupant of the principal structure on the lot. Such identification shall be limited to the name of the company or occupant, and the street number (not to exceed six digits).
(p) Outdoor Cafes in the Downtown Overlay.
(1) Outdoor Cafes are permitted in the Downtown overlay. Outdoor Cafés shall also be governed by the following provisions:
A. Outdoor cafés (including outdoor seating areas) may be permitted between a storefront and the curb as an Accessory Use to an existing restaurant, delicatessen, or food store provided vehicular and pedestrian circulation is not unreasonably restricted ;
(2) Permitted Use.
A. Limited outside Sidewalk sales of perishable and consumable items (produce, ice cream, newspapers, magazines, soft drinks, etc.) may be permitted in conjunction with an outdoor café provided that the outdoor display and sale is approved pursuant to the supplemental regulations outlined for "Outdoor Display and Sale of Merchandise" below; and
B. If an outdoor café does not consistently comply with all conditions listed in this Section and its Zoning Permit, or if the Use becomes a nuisance for any reason as determined by the Zoning Administrator, the Zoning Administrator may order such Use terminated.
(q) Outdoor Display and Sale of Merchandise in the Downtown Overlay.
(1) Outdoor Display and Sale of Merchandise are permitted in the Downtown overlay. Outdoor Display and Sale of Merchandise shall also be governed by the following provisions:
A. Outdoor display and sales upon public Sidewalks and rights of way may be permitted only if vehicular and pedestrian circulation is not unreasonably restricted.
(2) Types of Merchandise.
A. Outdoor displays and sales may include items offered for sale by or incidental to the store or business upon whose property, or fronting the sidewalk on which, the display and sale is conducted;
(3) Display.
A. The merchandise displays shall be on racks or display counters that are of similar quality to those used in the store or business;
B. All displays shall be removed from the outdoor location or adequately secured when the store or business is closed; and
(4) Signage.
A. No Signage other than normal price markers the same size and design as those used on the interior shall be permitted.
(Ord. 2023-02. Passed 4-17-23.)
1329.03 RAILWAY DEPOT OVERLAY DISTRICT (RD).
(a) The purpose of the Railway Depot Overlay is to revitalize the area by developing mixed uses, which will add more pedestrian activity, increase trade in the Downtown Overlay District, to encourage pedestrian oriented uses and to encourage pedestrian links. The development of the Railway Depot Overlay Area is intended to create a stronger sense of community in the area, by using the Train Station as a focus; redevelop the historic structures in the area; and attract visitors to the Train Depot.
(b) A mix of any uses permitted in the underlying zones; with all nonresidential uses permitted on the ground level only and further provided that all parking requirements are met.
(c) Height shall not exceed forty-five (45) feet or three (3) stories above grade at the building line.
(d) Businesses and residences in the Railway Depot Overlay are exempt from the parking requirements for the underlying zoning district if the use is located within 100 feet of a municipal parking area.
(e) Loading standards of the underlying district shall apply.
(f) Landscaping and screening regulations of the underlying zoning districts shall apply.
(g) Signs in the Railway Depot Overlay.
(1) All signage shall be compatible with the exterior of existing buildings in the district.
(2) One (1) sign shall be permitted for the sole purpose of identifying the occupant of the principal structure on the lot. Such identification shall be limited to the name of the company or occupant, and the street number (not to exceed six digits).
(h) Outdoor Cafes in the Railway Depot Overlay.
(1) Outdoor Cafes are permitted in the Railway Depot Overlay. Outdoor Cafés shall also be governed by the following provisions:
A. Outdoor cafés (including outdoor seating areas) may be permitted between a storefront and the curb as an Accessory Use to an existing restaurant, delicatessen, or food store provided vehicular and pedestrian circulation is not unreasonably restricted;
(2) Permitted Use.
A. Limited outside Sidewalk sales of perishable and consumable items (produce, ice cream, newspapers, magazines, soft drinks, etc.) may be permitted in conjunction with an outdoor café provided that the outdoor display and sale is approved pursuant to the supplemental regulations outlined for "Outdoor Display and Sale of Merchandise" below; and
B. If an outdoor café does not consistently comply with all conditions listed in this Section and its Zoning Permit, or if the Use becomes a nuisance for any reason as determined by the Zoning Administrator, the Zoning Administrator may order such Use terminated.
(i) Outdoor Display and Sale of Merchandise in the Railway Depot Overlay.
(1) Outdoor Display and Sale of Merchandise are permitted in the Railway Depot Overlay. Outdoor Display and Sale of Merchandise shall also be governed by the following provisions:
A. Outdoor display and sales upon public Sidewalks and rights of way may be permitted only if vehicular and pedestrian circulation is not unreasonably restricted.
(2) Types of Merchandise.
A. Outdoor displays and sales may include items offered for sale by or incidental to the store or business upon whose property, or fronting the sidewalk on which, the display and sale is conducted.
(3) Display.
A. The merchandise displays shall be on racks or display counters that are of similar quality to those used in the store or business.
B. All displays shall be removed from the outdoor location or adequately secured when the store or business is closed; and
(4) Signage.
A. No Signage other than normal price markers the same size and design as those used on the interior shall be permitted.
(Ord. 2023-02. Passed 4-17-23.)