Saint Albans City Zoning Code
ARTICLE 1333
Performance Standards
1333.01 FIELD OF VISION.
(a) On any corner lot or on any private drive that serves two (2) or more residences, a wall, fence, sign, structure, display of merchandise or any plant growth which obstructs sight lines at elevations between two and one-half (2-1/2) feet and eight (8) feet above the crown of the adjacent roadway shall not be placed or maintained within a clear vision triangle of the area of the lot twenty (20) feet along the property line from the street right-of-way at intersections or forty (40) feet from the edge of paving, whichever distance is less. The vision field for a private drive shall be a triangular area formed by measuring twenty (20) feet from the edge of the driveway pavement and the intersecting street right-of-way. A private drive is defined to include (but not be limited to) a local access street and/or any street or drive that accesses a city or state roadway.
(Ord. 2023-02. Passed 4-17-23.)
1333.02 HOME-BASED BUSINESSES (HOME OCCUPATION).
(a) All Level I and II proposed home-based businesses shall apply to the B&O Tax and Licensing Department for a Municipal Business License and to the Zoning Officer for zoning review. The Zoning Officer shall determine whether the proposed home-based business meets the level 1 permitted accessory or level 2 conditional use permit home-based business definition and requirements.
(1) Level 1 permitted accessory home-based business that meet the requirements set forth shall be approved by the Zoning Officer. Zoning Officer shall endorse the Municipal License Application upon approval. Level I permitted uses include, but are not limited to:
A. Receiving or initiating correspondence, phone calls, mail, faxes, or e-mail;
B. Preparing or maintaining business records;
C. Word and data processing;
D. Telephone, mail order, and off-premises sales.
(b) Level 1 home-based business uses shall be a permitted accessory use in all residential districts.
(c) Level 1 permitted accessory home-based businesses shall be distinguished from Level II home-based businesses requiring a conditional use permit in that they shall not be permitted to:
(1) Sell articles or products on the premises.
(2) Generate any additional pedestrian or vehicular traffic not normally associated with the residential use of the dwelling.
(3) Receive deliveries to or from the dwelling, except by the occupant, U.S. Mail or by courier, and by no customers or clients.
(4) Display signs for the business use.
(5) Have employees who are not members of the resident dwelling unit.
(d) Level 1 permitted accessory home-based businesses shall be distinguished from Level II home-based businesses requiring a conditional use permit in that they shall not be permitted to:
(1) Generate any additional pedestrian or vehicular traffic not normally associated with the residential use of the dwelling.
(2) Receive deliveries to or from the dwelling, except by the occupant, U.S. Mail or by courier, and by no customers or clients.
(3) Display signs for the business use.
(4) Have employees who are not members of the resident dwelling unit.
(e) Level 2 permitted uses include, but are not limited to:
(1) Professional offices, such as: Architects, Brokers, Counselors, Clergy, Engineers, Insurance agents, Real estate agents, Lawyers, Accountants, Editors, Publishers, Journalists, Cleaning services, Salespersons, Travel agents, Psychologists where some clientele may be required
(2) Personal services, such as: Barbershops, Beauty parlors, Manicure and pedicure shops, Catering, Chauffeuring services, Physical therapists (no more than two (2) people being tended to at any one time)
(3) Instructional services, such as: Music, Dance, Art and craft classes, Tutoring (no more than two (2) people being instructed at any one time)
(4) Repair services, such as: small appliances, Computers, Watches and clocks, Electronic devices
(5) Workrooms for Tailors, Dressmakers, Milliners, Craft persons, including jewelry making, cabinetry and woodworking
(f) Level 2 home-based businesses shall be conditional uses and regulated and monitored to assure that the use does not create any adverse impact on the surrounding area. Applicants must present the following information to the Planning and Zoning Commission for permitted uses. The Planning and Zoning Commission shall make the determination whether an unlisted business is similar to a listed permitted use and issue or deny the Level II home-based business conditional use permit.
(1) The type of business and business activities.
(2) The total number of resident employees.
(3) The location and floor area of the home-based business.
(4) The vehicles used in the home-based business.
(5) The number of expected customer visits per day and at any one time.
(g) The following restrictions and standards shall apply to Level II home-based businesses:
(1) Hours of operation shall be limited to hours between 8:00 a.m. and 7:00 p.m.
(2) Employees working at the subject property must be permanent residents of that dwelling.
(3) Delivery vehicles used to deliver goods to the home-based business are limited to passenger vehicles, mail carriers, and express carriers. Deliveries shall be permitted between 8:00 a.m. and 6:00 p.m.
(4) The home-based business shall be limited to the parking/storage of one (1) commercial vehicle on the premises, not exceeding a one-ton capacity.
(5) The home-based business shall not generate traffic in greater volume than would normally be expected in a residential neighborhood.
(6) The home-based business must provide one off-street parking space in addition to the parking requirement for the dwelling.
(7) The home-based business may not create a nuisance due to noise, vibration, smoke, electrical interference, dust, heat, glare, or obnoxious odor. Any noise, vibration, smoke, electrical interference, dust, heat, glare, or obnoxious odor detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation of the terms of this provision.
(8) The home-based business shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and the home-based business is significantly more than is normal to the use of the property for residential purposes.
(9) The Planning and Zoning Commission may establish a limit on the number of clients permitted per day or at any one time.
(10) Structural alterations that are not customarily found in a residential structure are prohibited.
(11) Equipment and materials related to the home-based business must be stored in a manner that is out of view to the public.
(12) Signs advertising the home-based business are not permitted.
(h) Home-based businesses shall not include Dance studios, Commercial repair or storage of automobiles, Medical or dental clinics or offices where patients are treated, Restaurants, Bars/nightclubs, Mortuary or funeral establishments, Boarding/rooming/tourist homes, Kennels, Stables, Veterinarian clinics/hospitals, Adult uses.
(i) Uses not specifically mentioned shall not be permitted when the Zoning Officer determines that such use is of the same general character as at least one of those stated above.
(Ord. 2023-02. Passed 4-17-23.)
1333.03 ACCESSORY STRUCTURES, FENCES, POOLS AND USES IN RESIDENTIAL DISTRICTS.
(a) Customary and incidental accessory buildings and uses are allowed in all residential districts, as specifically regulated in that district, provided that:
(1) Accessory Structures shall not be placed in the front yard. If placed in a side yard, accessory structures shall not be located closer to the street than the front building line of the principal structure.
(2) Accessory structures shall not be located closer than three feet to the rear and side property lines nor closer than three (3) feet to the principal structure, unless otherwise indicated in this Ordinance.
(3) On corner lots, accessory structures shall not be located between any portion of the principal structure and either street.
(4) When an accessory structure is attached to a principal structure, it shall comply in all respects with the requirements of this Zoning Ordinance applicable to the principal structure(s).
(5) Any structure connected to another structure by an open breezeway (i.e., without enclosed walls) shall be deemed to be a separate structure.
(6) The total square footage of all accessory buildings shall not exceed 600 square feet or fifty percent (50%) of the first or ground floor area of the principal building whichever is greater. Large lots measuring twice the size of the minimum lot requirement or greater are not subject to this restriction, so long as the accessory structure remains subordinate in floor area to the dwelling.
(7) The square footage of the first (ground) floor of the accessory structure(s) shall be included in the computation of lot coverage.
(8) Accessory structures shall not exceed eighteen (18) feet in height.
(9) A private garage may be constructed as part of a principal structure, provided that when constructed the garage walls shall be regarded as the walls of the principal structure in applying the applicable front, side and rear setback requirements.
(10) Pools are subject to the accessory use provisions herein and subject to a building permit.
(11) Outdoor play equipment, when anchored to the ground, is prohibited in the front yard.
(b) Fences may be erected, with a building permit, on residentially zoned parcels, provided they meet the following restrictions:
(1) They may not exceed six (6.0) feet in height at any point.
(2) No portion of an opaque fence (less than seventy percent (70%) open in any one (1) square foot portion of the fence panel) erected within a clear vision triangle may exceed two and one-half (2.5) feet in height.
(3) Fences may be constructed of stone, brick, wood, vinyl, chain link, wrought iron, aluminum, and ornamental concrete block, provided all other requirements herein are met. They shall not be constructed with razor wire or electrified wire.
(4) Fences erected in the front yard shall not exceed four (4) feet in height.
(5) Fences specifically intended to screen mechanical equipment may exceed the maximum fence height in the immediate area of the equipment to be screened to the additional height necessary to screen the particular height of the equipment.
(6) Fences, walls, terraces, steps, mailboxes, or other similar features may encroach into a required setback. Such appurtenances shall not be located within access, drainage, or utility easements.
(7) Fencing meant to surround a property must be located on the property line.
(8) The edge of driveway pavement can be located on a property line.
(9) The square footage of the first (ground) floor of the accessory structure(s) shall be included in the computation of lot coverage.
(10) Accessory structures shall not exceed eighteen (18) feet in height.
(11) A private garage may be constructed as part of a principal structure, provided that when constructed the garage walls shall be regarded as the walls of the principal structure in applying the applicable front, side and rear setback requirements.
(12) Pools are subject to the accessory use provisions herein and subject to a building permit.
(13) Outdoor play equipment, when anchored to the ground, is prohibited in the front yard.
(c) Open Storage in Residential Districts.
(1) Recreational vehicles and trailers designed to be towed by another vehicle must be stored on a paved surface and parked behind the front building line.
(2) The display or storage of items not customarily associated with residential uses is prohibited when not within an area screened from view by walls and a roof. (Ord. 2023-02. Passed 4-17-23.)
1333.04 ACCESSORY STRUCTURES, FENCES AND USES IN COMMERCIAL DISTRICTS.
(a) Customary and incidental accessory buildings and uses are allowed in all commercial districts, as specifically regulated in that district, provided:
(1) No more than two (2) accessory buildings per establishment shall be erected on a lot.
(2) An accessory building shall be at least three (3) feet from all lot lines and from any other building on the same lot, unless otherwise specified in this ordinance.
(3) Accessory Structures shall not be placed in the front yard. If placed in a side yard, accessory structure shall not be located closer to the street than the front building line of the principal structure.
(b) Fences may be erected, with a building permit, on non-residentially zoned parcels, provided they meet the following restrictions:
(1) They may not exceed ten (10) feet in height (except for those surrounding industrial type uses, in which case they may be up to fifteen (15) feet in height at any point.
(2) No portion of an opaque fence (less than seventy percent (70%) open in any one square foot portion of the fence panel erected within a sight triangle may exceed two and one-half (2.5) feet in height.
(3) Fences specifically intended to screen mechanical equipment may exceed the maximum fence height in the immediate area of the equipment to be screened to the additional height necessary to screen the particular height of the equipment.
(Ord. 2023-02. Passed 4-17-23.)
1333.05 PLACEMENT RESTRICTIONS ON FENCING AND ACCESSORY STRUCTURES.
Fences, walls, terraces, steps, mailboxes, or other similar features may encroach into a required setback. Such appurtenances shall not be located within access, drainage, or utility easements. (Ord. 2023-02. Passed 4-17-23.)
1333.06 OUTDOOR STORAGE IN RESIDENTIAL DISTRICTS.
(a) Only accessory storage buildings defined in Section 1333.03 shall be permitted as accessory storage containers on property in any residential zone of the City, or on any property within the City the primary use of which is residential. Cargo containers, railroad cars, truck vans, converted mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not permitted to be used as accessory storage buildings on property zoned residential or on property the primary use of which is residential.
(b) No commercial lighting is allowed in residential areas other than AEP street lights. No lighting is allowed to point directly at neighbors' homes to cause a nuisance.
(Ord. 2023-02. Passed 4-17-23.)
1333.07 STORAGE CONTAINERS, PORTABLE PODS AND DUMPSTERS.
(a) The purpose of this article is to regulate the use of storage containers and dumpsters on residential and commercial properties and portable storage pods on residentially zoned and residentially used properties in the City, which regulations are adopted to protect the public health, safety, and welfare, and promote positive aesthetics in the City.
(b) The following definitions shall apply;
(1) An "accessory storage building" is: A building originally constructed for use as an accessory building for the storage of materials and equipment accessory to a primary use located on the property.
(2) For purposes of this article, cargo containers, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not accessory storage buildings.
(3) "Cargo containers" include standardized reusable vessels that were originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers" and "portable site storage containers" having a similar appearance to and similar characteristics of cargo containers.
(c) Temporary Storage on Residential Properties. The temporary placement of transport containers and/or portable site storage containers on residentially zoned properties, or on properties the primary use of which are residential, for the limited purpose of loading and unloading household contents shall be permitted for a period of time not exceeding thirty (30) days in any one calendar year under the following conditions:
(1) If the property has an active construction permit;
(2) If the occupant of the property is in the process of moving or remodeling where no construction permit is required (for up to sixty (60) days)
(3) If the unit is used for > sixty (60) days for a use other than construction purposes, the unit must meet building and zoning regulations.
(4) If the unit is used for > sixty (60) days for any use listed above and the property is in a residential district, a permit is required. The unit must meet applicable building and zoning regulations.
(5) Because the timeframes for construction or remodeling on a site can vary the units may remain onsite on a temporary basis, without an additional permit requirement, as long as the construction permit remains active or for up to sixty (60) days if no construction permit is required.
(6) If the unit is needed for more than sixty (60) days for a use other than construction purposes, the unit must meet applicable building and zoning regulations for an accessory structure found in Section 1333.03, including but not limited to yard regulations (setbacks & height), FAR, and coverage.
(7) Licensed and bonded contractors may use cargo containers for the temporary location of an office, equipment, and/or materials storage structure during construction which is taking place on the property where the cargo container is located, if the use of the cargo container is authorized pursuant to a City building permit.
(d) Cargo Containers - Permitted Locations.
(1) The placement of a cargo container as an accessory storage use is limited to Commercial Zoning Districts.
(2) The placement of cargo containers is further limited to properties in the above-identified zones only if the property upon which the cargo container is proposed to be located is not primarily used for residential purposes.
(e) Permit Required - Development Standards.
(1) A building permit is required prior to placement of a cargo container larger than 200 square feet in area, ensuring effective anchoring/foundation according to the then most current edition of the International Building Code. The application shall show the proposed cargo container is accessory to the permitted use of the property and meets the placement criteria for the zone.
(2) Cargo containers shall meet the setback requirements of the underlying zone.
(3) Cargo containers shall not be stacked above the height of a single container device.
(4) Cargo containers shall not be used for any advertising purpose and shall be kept clean of all alpha-numeric signage and writing.
(5) As a condition of placement, cargo containers may be required to be fenced or screened from abutting properties and/or rights-of-way pursuant to the provisions of the underlying zoning regulations.
(6) Cargo containers shall be in an approved designated area and on the same property as the principal use and be included in the calculation of overall lot coverage.
(7) Cargo containers shall not occupy required off-street parking, loading or landscaping areas.
(8) Materials stored within cargo containers are subject to review and approval by the fire department.
(f) Current Violations - Time to Comply.
(1) All owners of property within the City shall have twelve (12) months from the effective date of the ordinance codified in this article to bring the properties, which currently contain accessory storage buildings that are in violation of the terms of this article, into full compliance with the provisions of this article.
(g) Dumpster Regulations.
(1) No privately owned dumpsters or roll-offs are permitted in Residential Districts. (Ord. 2023-02. Passed 4-17-23.)
1333.08 RECREATIONAL VEHICLES IN RESIDENTIAL DISTRICTS.
(a) This Ordinance governs the parking or storage of all types of recreational vehicle in the City of St. Albans including motorized vehicles, pickup coaches, motorized home, campers, watercraft and watercraft trailers.
(b) In residentially zoned districts, the following standards apply to the storage of "recreational vehicles", to include motor homes, fold-down camping trailers, travel trailers, watercraft, watercraft trailers and trailers requiring a Class R or T registration plate with a gross vehicle weight of less than 2,000 lbs., designed to be drawn by class A motor vehicles.
(1) Recreational vehicles stored on the premises must be owned by the occupant of the premises.
(2) Recreational vehicles shall not have fixed connections to electricity, water, gas or sanitary facilities, nor shall any recreational vehicle at any time be used for living or housekeeping purposes while on the premises. Connection to electricity, water, gas or sanitary facilities shall be temporary in nature and only for necessary maintenance.
(3) Any such recreational vehicle shall be kept in good repair and in working condition, with current license plate and/or registration, unless stored within a garage. The storage of any recreational vehicle in a state of disrepair or dismantle, or without valid registration is prohibited in a residential district.
(4) Storage of recreational vehicles within a completely enclosed garage or storage building with the door(s) closed shall be permitted in all zoning districts.
(c) Front Yard Requirements.
(1) During any calendar year, one (1) recreational vehicle may be parked or stored on a front yard driveway or other hard surfaced parking area.
(2) Such recreational vehicle shall have a minimum setback of four (4) feet from the front property line(s) and three (3) feet from any side property line.
(3) All recreational vehicles parked in the front yard shall be parked on pavement.
(d) Side Yard Requirements.
(1) One (1) recreational vehicle may be parked or stored in one (1) of either side yards.
(2) Such recreational vehicle shall have a minimum setback of three (3) feet from the side property line.
(e) Rear Yard Requirements.
(1) Up to two (2) recreational vehicles may be parked or stored in the rear yard.
(2) Such recreational vehicles shall have a minimum setback of four (4) feet from the rear and three (3) feet from the side property lines.
(3) The total area covered by accessory structures and recreational vehicles shall not exceed fifty percent (50%) of the required rear yard.
(f) Parking of Certain Types of Vehicles Prohibited in Residential Zones; Exceptions.
(1) Required parking facilities accessory to residential structures in residentially zoned districts shall not be used for the storage or parking of trucks, truck tractors or road tractors requiring a class "B" truck plate, weighing more than 10,001 lbs., or trailers or semitrailers weighing more than 2,000 lbs. requiring a class "C" trailer plate, are prohibited in residential zoned districts.
(2) An exception to the above prohibition shall be made for a single "work-assigned" vehicles (public utilities, emergency services, etc.), where workers bring homework truck because they are subject to call out.
(3) Vans, trucks, and commercial vehicles over ten thousand (10,000) pounds gross vehicle weight and up to twelve thousand (12,000) pounds gross vehicle weight may be parked in the open on the front driveway upon an improved surface, provided; that such vehicle is operated by the owner of the residence as required by his employer.
(4) No more than one (1) of these vehicles shall be parked in a non-garage site.
(5) In no instance shall these vehicles be parked within five (5) feet of any lot line. (Ord. 2023-02. Passed 4-17-23.)
1333.09 PRIVATE SWIMMING POOLS.
(a) A private swimming pool and/or spa is permitted as an accessory use in any district, subject to the following conditions and restrictions:
(1) Constructed swimming pools shall conform to the minimum structural requirements as required by the Building Code.
(2) Maximum ground area coverage. In no case shall the main building or structure exceed thirty-five (35%) percent of the lot or lots comprising the building site, and the total ground area permitted to be occupied by the main building or structure and permitted auxiliary structures shall not exceed forty-five (45%) percent of the site upon which the structures are located.
(b) Setback Requirements.
(1) Minimum front, side and rear setback are the same as requirements for a residence located on the parcel where pool is to be constructed provided, however, that in no case shall the pool be located closer to a front street line of a lot or building site than the main or principal building is located.
(2) All setbacks for swimming pools shall be measured from the water's edge of the pool to the nearest property line in question.
(3) Unless the pool is entirely screened in, it must be surrounded by a protective wall or fence four (4) feet in height, to comply with existing ordinance for walls and fences. In all cases where a swimming pool will be visible from a street, a four (4) foot wall shall be erected upon the premises between the street and the swimming pool.
(c) Gates in the protective fence and/or wall required by these regulations shall be the spring lock type, so that they shall automatically be in a closed and fastened position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.
(d) On inside lots swimming pools may be located within an L or U of the building facing upon a front street.
(e) On corner lots, swimming pools may be located within an L of the building provided that such L is not visible in both the front and side street elevation.
(f) In no case shall a swimming pool be located closer to the front or side street of a lot or building site than the main or principal building.
(g) Patios and decks surrounding pools may extend five (5) feet closer to the rear property line, canal, waterway, lake, bay or golf course, than the pool itself, provided that a minimum rear setback of five (5) feet is maintained.
(h) No final inspection and approval for a swimming pool shall be given by the Building Official, unless there has been erected a safety barrier as hereinafter provided. No pool shall be filled with water unless a final inspection has been made and approved, except for testing purposes as may be approved by the Building Official.
(i) The safety barrier shall take the form of a screened-in patio, a wooden fence or a wire fence, so as to enable the owner to blend the same with the style of architecture planned or in existence on the property.
(j) The minimum height of the safety barrier shall be not less than four (4) feet.
(k) The safety barrier shall be erected either around the swimming pool or around the premises or a portion thereof on which the swimming pool is erected. Safety barriers which are attached to the pool side rails (above ground) incorporating a locking gate are permitted. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. Pools located in enclosed structures shall not require the installation of barriers as required herein.
(l) It shall be within the discretion of the Building Official to refuse approval of a barrier which, in his opinion, does not furnish the safety requirements of this section, i.e., that is high enough and so constructed to keep the children of preschool age from getting over or through it.
(m) It shall be the responsibility of the owner and/or occupant of the premises upon which the swimming pool is hereafter erected to maintain and keep in proper and safe condition the safety barrier required and erected in accordance with this article.
(Ord. 2023-02. Passed 4-17-23.)
1333.10 VEHICLE REPAIR IN RESIDENTIAL DISTRICTS.
(a) Off-street parking facilities accessory to single family (or multi-family) residential use and developed in any single family residential district in accordance with the requirements of this section shall be used solely for the parking of passenger automobiles, station wagons and vans up to a gross vehicle weight of eight thousand (8,000) pounds or a class "B" license plate used principally as passenger vehicles by the occupants of the dwelling structures to which such facilities are accessory.
(b) In residential zoning districts, a property owner or tenant on improved property having a principal building may repair or otherwise put into operative condition an automobile of his property, only if all of the following requirements are met:
(1) The property owner or tenant owns the automobile being repaired;
(2) The repair activity takes places only during daylight hours;
(3) While under repair the automobile shall not be parked in front of the principal building on the property unless the side yard and/or the rear yard are not accessible;
(4) If there is no access to the rear or side yard, the vehicle may only be parked on an improved surface in the front yard.
(c) The work undertaken at the premises to repair or otherwise put the automobile into operative condition shall be limited to minor repairs only. The term "minor repair" includes any work which is completed within seventy-two (72) hours including, but not limited to, change of tires, replacement of batteries, change of oil, replacement of brakes and engine tune-up. Any other work, including work wherein the vehicle engine or transmission is removed or lifted from the vehicle for repair or replacement, or the vehicle is placed on blocks with the tires removed, is prohibited. Repair of motor vehicles which are not owned by the dwelling occupant is prohibited.
(Ord. 2023-02. Passed 4-17-23.)
1333.11 PERFORMANCE STANDARDS LANDSCAPING.
(a) Purpose. The purposes of this article are to:
(1) Provide requirements for landscaping development to promote the general welfare of the community;
(2) Effectuate attractive development;
(3) Enhance property values;
(4) Create an attractive appearance along City streets;
(5) Complement the visual effect of buildings;
(6) Provide buffers between various land uses and protection from intense activities; and
(7) Encourage landscape designs that promote water conservation through the use of indigenous plant materials;
(8) Encourage the retention of mature plant materials; and
(9) Encourage sustainable landscape practices and management.
(b) The requirements of this article are the minimum requirements necessary to promote its purposes.
(c) Scope of Regulations. The provisions of this Zoning Ordinance shall apply to all development or construction, all building remodeling, alterations, additions, or expansions, and to all changes of occupancy in the use or development of land which requires the approval of a development site plan or subdivision plat by the City. Single-family residences and their accessories shall be exempt from the requirements of this Article.
(d) Landscape Plans.
(1) A landscape plan consisting of a final plan shall be prepared, submitted, and subject to approval for all applicable development projects in accordance with the procedures and requirements set forth in this Zoning Ordinance. All changes in landscape plans shall be subject to the approval of the Zoning Officer prior to the installation of any landscape improvements. All changes to existing landscaping shown in an approved landscape plan shall also be subject to the approval of the Zoning Officer.
(2) Final landscape plan. The final landscape plan shall be submitted along with all other required site improvement and building plans at the time of application for a building permit. The final landscape plan shall contain a specific schedule of all trees and shrubs identified by common and botanical name, and shall clearly indicate the quantity and size of each tree and shrub to be installed. The final landscape plan shall be in substantial conformance with the approved preliminary plan and any changes or additions required by stipulation. An irrigation plan shall also be provided, indicating the layout and details of the irrigation system, including the type and location of all materials utilized.
(3) Mature tree plan. In the Downtown Area, to remove a mature tree, the property owner shall submit a mature tree plan, subject to Development Review Board approval and issuance of a permit.
(f) General Provisions.
(1) All landscape areas (except approved hard surfaced walks and activity areas) shall be finished with natural landscape material such as turf, groundcover, planting, organic mulch, or at least two (2) inches deep decomposed granite or expanded shale.
(2) Protection of plant materials.
(3) The following shall be provided to protect plant materials:
A. Permanent containment barriers, such as concrete curbs or bumper guards, shall be installed and properly secured to prevent damage or destruction of landscape materials by vehicles, within, or adjacent to, all proposed parking areas and along all access driveways, unless otherwise approved by the Zoning Officer.
B. Landscape plans shall demonstrate the methods utilized to preserve native plant materials.
(g) Unless otherwise specified herein, no part of any landscape area shall be used for any other use such as parking, signs, or display, except for required on-site retention areas. Where permitted, directional signs may be placed in landscaped areas. Such signs shall be clearly shown on the landscape plan.
(h) Street Landscaping.
(1) In addition to other required landscape areas, all public and private streets within the proposed development site shall be landscaped, in accordance with an approved landscape plan.
(i) Required Landscape Areas. All development shall provide landscaping in all portions of the site not required for buildings, structures, loading, access driveways, streets, parking, utility areas, pedestrian walks and hard surfaced activity areas in accordance with the requirements of this article.
(j) All decorative landscaping features such as small fish ponds, fountains and ponds shall be limited in size to fifty (50) gallons.
(Ord. 2023-02. Passed 4-17-23.)
1333.12 LANDSCAPE REQUIREMENTS BY ZONING DISTRICT.
(a) The following shall be provided as part of the minimum required landscape area:
(1) R-1 Zoning Districts: No landscaping required.
(2) R-2 Zoning Districts:
A. A landscape area not more than thirty-five (35) feet deep from any street line shall be planted.
B. All Townhouse developments shall contain one (1) tree per lot. This tree shall be placed in a commonly held and maintained landscape area located between the lot and any street that serves the lot.
(3) R-3 Zoning Districts.
A. For all development within the R-3 District landscaping shall be based on an approved landscape plan.
B. For all development within the R-3 District, a landscape area at least thirty-five (35) feet deep shall be provided from the street line. On a lot with more than one (1) street frontage, the landscape area shall be at least thirty-five (35) feet deep on all major streets and at least twenty (20) feet deep on all minor streets. However, parking may occur in the required thirty-five (35)-foot landscape area if the parking is set back at least twenty (20) feet from any street and is screened.
(4) C-1 Zoning Districts:
A. For all development within the C-1 District, the required fifteen (15)-foot front yard shall be planted as a landscape area except for access driveways and walks. Street trees shall be provided.
B. The removal of any healthy mature trees located on the property is subject to approval of the Zoning Officer.
(5) C-2 Zoning Districts:
A. For all development within the C-2 District, the area between the front property line and the principal building shall be landscaped except for parking, access driveways and walks. Street trees shall be provided. At least five percent (5%) of all areas used for parking shall be landscaped.
B. The removal of any healthy mature trees located on the property is subject to Building Department approval.
(6) C-3 Zoning Districts:
A. For all development within the C-3 District, the area between the front property line and the principal building shall be landscaped except for parking, access driveways and walks. Street trees shall be provided. At least five percent (5%) of all areas used for parking shall be landscaped.
B. The removal of any healthy mature trees located on the property is subject to approval of the Zoning Officer.
(b) Required Landscape Improvements. The following shall be provided as the minimum required landscape improvements:
(1) Unless otherwise specified herein, all trees shall have a fifteen (15)-gallon minimum container size; and at least fifty percent (50%) must be mature trees. The Development Review Board may require larger trees. In developments where buildings have more than one (1) story, fifty percent (50%) of the trees shall meet the following standards:
A. Single trunk trees: three (3) inch caliper; and
B. Multiple trunk trees: one and one-half (1½) inch caliper average trunk.
(2) All plant material utilized for screening of parking, service and utility areas shall have a minimum five (5) gallon container size and shall be installed in a pattern with spacing that will provide a continuous screen upon mature size of the plant material.
(3) All shrubs utilized on site shall have a minimum five (5) gallon container size.
(4) All ground covers utilized on site shall have a minimum one (1) gallon container size.
(c) Landscape areas shall be designed and maintained in accordance with the approved landscape plan and the height, location, and sight visibility requirements as set forth in Section 1333.27.
(d) Parking Lot Landscape Area and Landscape Islands.
(1) A Landscape area at least five (5) feet deep shall be provided between any parking lot area and any street line.
(2) At least five percent (5%) of any parking lot shall be landscape areas. This is in addition to any open space requirement.
(e) Parking Lots of More than Twenty (20) Spaces. A parking lot contains more than twenty (20) parking spaces, then a minimum of one-third (1/3) of the required parking lot landscape area shall be in landscape islands distributed within the parking lot area, rather than on the perimeter of the parking lot. These landscape areas shall have a minimum width of seven (7) feet and a minimum area of one hundred twenty (120) square feet. All landscape areas shall be planted and maintained as prescribed herein.
(f) Landscape Buffers.
(1) For all development within the R-2 and R-3 District which abuts a single-family residential district a buffer a minimum of ten (10) feet wide shall be planted and maintained along the abutting lot line.
(2) For all development within the C-1, C-2 and C-3 Districts a minimum 10-foot wide landscape area shall be planted and maintained wherever the District abuts a residential district.
(3) All plant material utilized for screening shall have a minimum five (5) gallon container size and shall be installed in a pattern with spacing no more than five (5) feet in any direction that will provide a continuous screen upon mature size of the plant material.
(g) Required Landscape Maintenance.
(1) The property owner shall maintain on-site landscape areas, and landscape areas in the adjacent right-of-way.
(2) These are the minimum maintenance requirements for all landscape areas subject to an approved landscape plan:
A. All landscape areas shall be maintained in a neat and clean condition.
B. All landscape materials shall be maintained in a healthy, trimmed and weed-free condition to conform to the approved landscape plan.
C. Landscape materials shall be replaced as necessary to conform to the approved landscape plan.
D. Plant material that dies shall be replaced promptly upon its demise.
E. Plant material shall be maintained in a natural growth pattern or characteristic mature form.
(h) Except for routine maintenance of landscape areas in accordance with this section, modifications to existing landscape materials subject to an approved landscape plan, are subject to Zoning Officer approval. The Zoning Officer may determine that, based on the scope of the modifications, a new landscape plan must be submitted, subject to approval as provided in this Zoning Ordinance.
(i) It shall be unlawful for any person to:
(1) Strip, excavate or remove topsoil, or store soil on a site, except in accordance with approved plans.
(2) Severely prune plant materials to the extent that the plant materials' purpose in the approved landscape plan has been nullified.
(3) Alter, or allow deterioration of, areas designated and intended for stormwater management, to invalidate the purpose of the stormwater management area.
(Ord. 2023-02. Passed 4-17-23.)
1333.13 PERFORMANCE STANDARDS SIGNS.
(a) Purpose. The purpose of this article is to promote the public health, safety and welfare by establishing standards and criteria for the construction, installation, maintenance, and operation of signs in the City, which are subject to the provisions of this article and to provide a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements. It also is the purpose of these regulations to provide for the removal of those signs that do not comply with these regulations. More specifically, this article is intended to:
(1) Enhance and protect the physical appearance of the City.
(2) Protect property values.
(3) Promote and maintain visually attractive, high value residential, retail, commercial and industrial districts.
(4) Promote the economic well-being of the City by creating a favorable physical image.
(5) Ensure that signs are located and designed to:
(6) Provide an effective means of way-finding in the community.
(7) Afford the community a fair and equitable way to advertise and promote its products and services.
(8) Reduce sign clutter and the distractions and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.
(9) Minimize the disruption of scenic views which when maintained protect important community landmarks.
(10) Afford businesses, individuals and institutions a reasonable opportunity to use signs as an effective means of communication.
(11) Prohibit all signs not expressly permitted by these regulations.
(b) Procedures, Permits, and Insurance.
(1) It shall be unlawful for any person to erect, alter, relocate, or maintain any sign without first obtaining a permit from the Zoning Officer, except as provided in Section 1317.04, Permit Exemptions.
(2) Prior to submitting a sign permit application to the Zoning Officer, the applicant shall contact the Zoning Officer to discuss its conformance with this Ordinance.
(3) The application for a sign permit shall be made upon forms provided by the Zoning Officer. All applications for signs shall be accompanied by accurate sketches and scaled drawings showing the location of the proposed sign. The Zoning Officer may further require that the actual location of a proposed sign be based on a survey performed by a registered land surveyor or civil engineer and provided by the applicant.
(4) The Zoning Officer shall make a safety and maintenance inspection of signs at such times as may be necessary for all signs erected within the corporate limits of the City.
(c) Permit Exemptions.
(1) A permit shall not be required for the following signs or activities. These signs shall be allowed in addition to the maximum number and square footage of signs as permitted in the other sections of this article.
A. Servicing, repainting, cleaning, or changing the changeable copy message of an existing sign, except where such activity requires structural alterations.
B. House number or nameplate identifying the occupant or address of a structure with numbers a minimum of four (4) inches high.
C. Real estate signs advertising the sale, rental or lease of a structure or parcel of property.
D. Memorial or historical sign or tablet, or name of building and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible material.
E. Sign painted on or attached to a motor vehicle when said sign does not project higher or longer than the vehicle to which it is attached and when such vehicle is properly licensed and operational.
F. Flag bearing the official design of the United States, State of West Virginia, or military branch; however, such flag shall not have any part lower than nine feet above a sidewalk.
G. Traffic or other municipal sign, such as legal notice, railroad crossing, or danger or other emergency sign as may be approved by Public Works Committee or Chief of Police.
H. Miscellaneous advisory signs less than two (2) square feet, such as "Beware of Dog" or "No Trespassing".
I. Construction site signs advertising the owner, contractor, developer, materials supplier, etc. displayed on a site on a temporary basis during construction.
(d) Determining Sign Area.
(1) The permitted maximum size of a sign shall apply to the entire area enclosing the extreme limits of writing, representation, emblem, or figure, together with any frame or other material or color forming an integral part of the display or used to differentiate a sign from the background against which it is placed. Necessary supports or uprights on which a sign is placed are excluded from the measurement of sign area.
(2) The permitted maximum size of a sign shall apply to each facing of a sign structure; however, where signs are double-faced, placed back-to-back, or in V-type construction, only one side of the sign shall be counted when the V is at a forty-five (45) degree angle or less.
(3) If a sign is painted over a wall that had to be painted to eliminate a previous sign or similar problem, even though the color unintentionally seems to make the entire wall a part of the new sign, the entire wall shall not constitute the new sign area.
(4) The sign area calculation for properties with multiple street fronts shall be calculated separately for each street frontage and shall not be combined for the purpose of creating a larger sign rather than multiple smaller signs.
(e) Adjustment of Sign Area for Freestanding Signs in Commercial Districts.
(1) The permitted areas for freestanding signs in commercial and industrial districts may be adjusted as follows:
A. For every five (5) feet that a freestanding sign is reduced in height below the permitted maximum height, the area of the sign may be increased by ten percent (10%) up to a maximum increase of twenty percent (20%).
B. For everyone (1) square foot that the area of a freestanding sign is reduced below the maximum permitted area, the maximum area of a permitted wall sign may be increased by one (1) square foot not to exceed a maximum increase of twenty percent (20%).
C. If both of the above provisions are applied to a property, the calculations of subsection (e)(1)A. shall be made prior to the calculation in subsection (e)(1)B.
D. For properties with a street frontage exceeding 400 linear feet, one (1) additional freestanding sign is permitted.
(f) Determining Building Frontage.
(1) For the purposes of this section, the building frontage shall include the building walls that face a public street. For the purposes of these sign regulations, a public alley is not considered a public street.
(2) The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.
(3) In the case of an irregular wall surface, a single straight line approximating such wall surface shall be used to measure the wall's length.
(4) For multi-occupant buildings, the portion of a building line that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured on the ground floor from the centerline of the party walls defining the building unit.
(g) Prohibited Signs.
(1) The following signs shall be prohibited in all districts, except as otherwise noted herein:
A. Signs which incorporate in any manner flashing or moving lights or any other visible moving or revolving part, attention attracting device, except for time, temperature, or date signs.
C. Signs which obstruct or impair the vision of drivers or obstructs or detracts from the visibility of, or resembles, any traffic sign or traffic control device on a public street or road, by reason of size, shape, location, color, or illumination.
D. Signs which make use of words such as "STOP", "LOOK", "DANGER", or other similar words, phrases, symbols, or characters in such a manner as to imply the need or requirement of stopping or the existence of danger.
E. Sign which obstructs free ingress or egress for a door, window, fire escape, or other exit way required by the Building or Fire Code.
F. Portable signs, except for those used as a temporary sign.
G. Signs containing graphics or lettering illustrating specified sexual activities and/or specified anatomical areas.
H. Any sign which no longer advertises a bona fide business, activity, campaign, service or product, including real estate signs.
I. Any sign not in compliance with regulations involving highway interstate standards and specifications.
J. Roof signs.
K. Merchandise, equipment, products, vehicles, or other items not themselves for sale and placed for attention-getting, identification or advertising purposes.
L. Any sign erected on a tree or utility pole.
M. Any sign structure or frame no longer containing a sign.
N. Any sign that is structurally or electrically unsafe.
O. Temporary signs located in a public right-of-way.
P. Off-premises signs.
General Sign Regulations
(Ord. 2023-02. Passed 4-17-23.)
1333.14 GENERAL SIGN REGULATIONS.
(a) All signs shall comply with the Safety and Vision provisions
(b) A pole sign shall not extend over a public right-of-way.
(c) A wall sign shall not extend above any roof line or further than twelve (12) inches from the building, or part of the building, to which the sign is attached.
(d) No shingle sign, projecting sign, or marquee sign shall be lower than nine (9) feet above ground level.
(e) No sign shall be permitted to be erected unless the back of such structure is shielded from public view by a building, other structure, high planting, or another sign of the same size (where permitted), or unless such back is painted a neutral color or is enclosed in a solid metal backing that is treated or painted against corrosion.
(f) The painted portions of signs shall be periodically repainted and kept in good condition.
(g) The general area in the vicinity of a sign must be kept clear of weeds, debris, trash and other refuse by the property owner.
(h) The roofs of all marquees shall be properly guttered and connected by down spouts to a stormwater system so that the water there from will not drip or flow onto public property.
(i) The allowed square footage of window signs in all commercial districts shall not exceed twenty-five percent (25%) of the total square foot area of each window, or up to fifty percent (50%) of the total square foot area of each window if there are no wall signs on the premises. Window sign calculations shall include, but not be limited to, informational signage such as hours of operation and open/closed signs
(Ord. 2023-02. Passed 4-17-23.)
1333.15 SIGNS IN RESIDENTIAL DISTRICTS.
(a) General. Signs for all residential and non-residential uses in residential districts shall comply with the standards set forth in this section. Signs for all residential and non-residential districts shall be limited in number, area, height and setback based on the type of use, as set forth in Appendix A Table 7-1-C1
(b) Supplemental Regulations for Freestanding Signs in Residential Districts.
(1) Freestanding signs for permitted non-residential uses may have up to fifty percent (50%) of the permitted sign area devoted to changeable copy.
(2) When a freestanding sign is permitted on a site that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.
(c) Supplemental Regulations for Temporary Signs in Residential Districts.
(1) Temporary signs are designed to be used only for a brief period of time and are not intended to be permanently attached to a building or structure, or permanently installed in or on the ground.
(2) Temporary signs include special event signs, residential garage/yard/carport sales, rummage sales and other similar types of events, and political signs.
(3) Temporary signs shall be permitted for a cumulative total of ninety (90) days per calendar year. This time limit shall not apply to political signs.
(d) Instructional Signs in Residential Districts.
(1) Instructional signs that are clearly intended for instructional purposes shall be permitted in addition to the maximum number and area of signs, and as needed on a lot located within a planned subdivision or when the lot is devoted to a multi-family or non-residential use, provided such signs comply with the following:
A. The signs are no larger than two (2) square feet.
B. The number of instructional signs on the site is the minimum necessary to serve the instructional purpose.
C. The signs are not located or designed to be legible or serve to attract attention beyond the perimeter of the site.
D. No advertising on instructional signs shall be permitted.
(Ord. 2023-02. Passed 4-17-23.)
1333.16 SIGNS PERMITTED IN COMMERCIAL DISTRICTS.
(a) General. Signs permitted in all commercial and industrial districts shall comply with the standards set forth in this section. Signs located in all commercial and industrial districts shall be limited in number, area, height and setback based on the type of use, as set forth in Appendix A, Table 7-1-C1.
(b) Supplemental Regulations for Blade Signs in Commercial Districts.
(1) Blade signs are permitted in the CDB and UCD zoning districts provided the following conditions are met:
A. Such signs may project over a public right-of-way.
B. Shall be at least nine (9) feet above ground level and no more than twelve (12) feet above ground level.
C. Shall not exceed thirty (36) inches in width and twenty four (24) inches in height, excluding the structural bracket.
D. (EDITOR’S NOTE: Former subsection (b)(1)D., was deleted by Ordinance 2025-06, passed July 21, 2025.).
E. No banner signs shall be located inside public rights-of-way.
(c) Supplemental Regulations for Freestanding Signs in Commercial Districts.
(1) Freestanding signs permitted for non-residential uses may have up to fifty percent (50%) of the permitted sign area devoted to changeable copy.
(2) When a freestanding sign is permitted on a site that has more than one (1) occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.
(d) Supplemental Regulations for Temporary Signs Permitted in Commercial Districts
(1) Signs for temporary uses or special events are permitted, provided that the following conditions are met:
A. Such signs shall be located only on private property.
B. Sign permits shall be limited to a duration of thirty (30) days or for the period of time stated on the temporary use permit. See Section 1315.07, Temporary Uses.
C. No more than three (3) temporary sign permits shall be issued within any twelve (12) month period for the same business in the same location and only one (1) sign may be included on each permit.
D. Except as permitted by a temporary use permit, temporary signs shall be attached to and parallel with a wall of the building on which wall signs are permitted and shall not exceed thirty-two (32) square feet in surface area.
E. Such signs must be made of cloth or vinyl.
F. Where a temporary use permit specifically authorizes the use of a temporary ground sign, such sign shall not exceed forty-two (42) inches in height and sixteen (16) square feet in area per side.
G. Special events, such as those associated with civic, philanthropic, educational purposes, rodeos, and carnivals shall be allowed a temporary sign, provided that:
(i) Up to two (2) ground signs shall be allowed per property per event.
(ii) Such sign shall be located only on private property.
(iii) Such sign, if a monument sign, shall be limited to twenty (20) square feet each.
(iv) Such sign shall be erected no sooner than ten (10) days preceding the event and shall be removed no later than one (1) day following the event.
H. Temporary signs include, but are not limited to, special event signs, grand opening signs, and other similar types of events.
(Ord. 2023-02. Passed 4-17-23.)
1333.17 SIGNS OTHER THAN RESIDENTIAL OR COMMERCIAL.
(a) Political Signs advertising candidates for office or promoting the passage or defeat of a measure in a ballot or ordinance and laws being considered by a legislative body. To be exempt political signs must:
(1) Be erected and maintained entirely on private property and only with the consent of the owner,
(2) Not be located on utility poles, trees, rocks or other natural features,
(3) Be limited in area to the maximum allowable sign area permitted in the district in which it is erected.
(4) Be removed by the owner of the property or owner of the sign within thirty days after the election or legislative action for which the sign was directed.
(b) Instructional signs that are clearly intended for instructional purposes shall be permitted in addition to the maximum number and area of signs, and as needed, provided such signs comply with the following:
(1) The signs are no larger than two (2) square feet.
(2) The number of instructional signs on the site is the minimum necessary to serve the instructional purpose.
(3) The signs are not located or designed to be legible or serve to attract attention beyond the perimeter of the site.
(c) Nonconforming Signs. Signs lawfully erected prior to the effective date of this ordinance, and any subsequent amendments, which do not meet the standards of this article may be maintained except as hereafter provided.
(1) No nonconforming sign shall:
A. Be changed to another nonconforming sign.
B. Be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign.
C. Be re-established or maintained after the activity, business or usage to which it relates has been discontinued for ninety (90) days or longer.
D. Be repaired or erected after being damaged if the repair or erection of the sign would cost more than fifty percent (50%) of the cost of an identical new sign.
(d) No person shall be required to remove a sign which was erected in compliance with this article if said sign becomes nonconforming due to a change occurring after the effective date of this amendment, in the location of buildings, streets or other signs which change is beyond the control of the owner of the sign and the premises on which it is located.
(e) If the owner of a sign or the premises on which a sign is located changes the location of a building, property line or sign, or changes the use of a building so that any sign on the premises is rendered nonconforming, such sign must be removed or made to conform to this chapter.
(f) Any nonconforming sign shall be removed upon the change occupancy or use of the premises upon which the sign is located. A change of occupancy or use is a discontinuance of permitted use and the substitution of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use. (Ord. 2023-02. Passed 4-17-23.)
1333.18 LIGHTING; MOVEMENT; MURALS.
(a) Lighting. Signs may be illuminated unless otherwise specified, provided such signs are so constructed that no light bulb, tube, filament or similar source of illumination is visible beyond the property lines. Signs making use of lights to convey the effect of movement, or flashing, intermittent or variable intensity lighting shall not be permitted.
(b) Movement. No sign shall move or rotate, nor display any moving and/or rotating parts. Wind propellers and other noise creating devices shall not be permitted. Flags, banners, pennants, spinners, streamers and similar devices may not be attached to a sign.
(c) Murals.
(1) A mural may be placed on any outside wall, façade or other surface of a building or structure in any zoning district upon approval of the Zoning Officer subject to the following conditions:
A. The mural is professionally applied and designed to enhance community identity and contribute to the overall visual quality of the City of St. Albans
B. The mural does not contain any commercial message, product, company, trademark, trade name or logo or otherwise advertise a product, service or business, except for appropriately scaled sponsorship credits
C. The mural does not contain any obscene images or wording
D. The mural should not be located where it would damage or obscure historically significant buildings, materials, details or features. Historic unpainted brick or stone should not be painted
E. The individual or organization requesting permission to create a mural executes a proper maintenance plan to clean and repair the mural as necessary.
(Ord. 2023-02. Passed 4-17-23.)
1333.19 PARKING, LOADING AND INTERNAL CIRCULATION.
(a) Purpose. It is the intent of the parking, loading and internal circulation regulations to provide for adequate off-street parking spaces to serve residential, commercial, institutional, and other land uses, and thus help to prevent congestion of City streets. Proper design of and access to parking facilities shall be required in order to protect the public health, safety, and welfare. Furthermore, it is the intent of these regulations to promote the functional efficiency of all land uses by requiring off-street parking and loading facilities consistent with modern standards.
(b) General Provisions.
(1) New Development. The parking, loading and internal circulation standards of this article shall apply to any new building constructed and to any new use or change in land use established in accordance with the standards of this article.
(2) Expansions and Alterations. The parking, loading and internal circulation standards of this section shall apply when an existing structure or use is expanded or enlarged. Additional off-street parking and loading spaces shall be required to serve the entire building or use. However, when the increased intensity of a commercial or industrial building requires two (2) or less new spaces, no additional parking spaces shall be required. For a building containing both residential and commercial uses, the portion of the building in each respective type of use shall be considered as if it were a separate building for the purpose of applying this exemption.
(c) Change of Occupancy or Change in Land Use.
(1) Off-street parking facilities shall be provided for any change of occupancy or change in land use or manner of operation that would, based on Appendix A, Table 5-1-B1, Minimum Parking Space Requirements, result in a requirement for more parking or loading spaces than the existing or more recent use. However, when the increased intensity of a commercial building requires two (2) or less new spaces, no additional parking spaces shall be required. For a building containing both residential and commercial or industrial uses, the portion of the building in each respective type of use shall be considered as if it were a separate building for the purpose of applying this exemption.
(2) Off-street parking shall be paved in accordance with the provisions of Section 1333.19 whenever a change of land use is requested.
(3) If a variance from the parking requirements of this Ordinance, or a previous version of this Ordinance, is granted, the variance may continue only under the following conditions:
A. If the change in land use results in a less intensive use than the previous use for which the variance was granted and requires fewer parking spaces, the lesser number of parking spaces shall be permitted.
B. If the new use requires more parking of three (3) or more additional spaces, a new variance request shall be submitted to the Board of Zoning Appeals.
(d) Obligation of Property Owner.
(1) The provision and maintenance of required off-street parking facilities are continuing obligations of the property owner or tenant. Required parking spaces shall be improved as required and made available for use before final inspection is completed.
(e) Location of Parking Spaces.
(1) In all zoning districts, required off-street parking shall be located on the premises intended to be served, unless a conditional use permit for a restricted accessory parking area is obtained.
(f) Use of Parking Spaces.
(1) Required parking spaces shall be available for parking of vehicles of residents, customers, patrons, and employees, and shall not be used for storage of vehicles or materials or for the exclusive parking of vehicles used in conducting the business or use, and shall not be used for selling, repairing, or servicing of any vehicles.
(g) Parking in Front Setback Requirements.
(1) No parking shall be permitted in any required front setback, except for a single-family dwelling or a duplex, upon a paved surface. In no case shall more than fifty percent (50%) of the front setback be paved. Parking of vehicles or recreational vehicles upon grass is prohibited.
(h) Floor Area Defined.
(1) As used in this Article, the term "floor area" shall mean the gross square footage of the unit or structure.
(Ord. 2023-02. Passed 4-17-23.)
1333.20 PARKING PLAN SUBMISSION REQUIREMENTS.
(a) A plan, drawn to scale, indicating how the off-street parking, loading and internal circulation requirements are to be met, shall accompany an application for a building permit for parking. The plan shall show all elements necessary to indicate that the parking requirement is being fulfilled, and shall include at least the following:
(1) Delineation of individual parking spaces;
(2) Circulation area necessary to serve spaces;
(3) Access to streets and property to be served;
(4) Curb cuts and driveways;
(5) Grading, drainage, and surfacing details;
(6) Delineation of obstacles to parking and circulation in finished parking area;
(7) Specifications as to signs and bumper guards; and
(8) Landscaping and screening details.
(b) General Design Principles.
(1) All parking areas and driveways must be constructed in accordance with approved plans. No certificate of occupancy for a building shall be issued unless all parking areas and driveways are constructed in accordance with approved plans. The location, design and improvement standards of this section shall apply to all off-street parking.
(c) Layout.
(1) There shall be safe, adequate, and convenient arrangement of pedestrian pathways, bikeways, roads, driveways, and off-street parking spaces within off-street parking areas, if these are provided. Streets, pedestrian walks, parking areas, and open space shall be designed as integral parts of an overall site design which shall be properly related to existing and proposed buildings, adjacent uses and landscaped areas.
(d) Appearance.
(1) The materials used in the design of paving, lighting fixtures, retaining walls, fences, curbs and benches shall be of good appearance and easily maintained.
(e) Maintenance.
(1) Parking lots shall be maintained in a safe operating condition so as not to create a hazard or nuisance. Grass and weeds shall not be allowed to grow between cracks and around the perimeter of lots. The provision and maintenance of required off-street parking facilities are continuing obligations of the property owner or tenant. Required parking spaces shall be properly marked and improved as required and made available for use before final inspection is completed.
(f) Surfacing.
(1) Areas used for off-street parking, circulation or vehicle display shall be surfaced with asphalt, concrete, masonry, or other solid paving materials with sufficient strength to support the vehicle loads imposed.
(2) All off-street parking and other vehicle circulation areas shall be continuously maintained and designed to preclude free flow of storm water onto adjacent lots, properties, or public streets or ways. In addition, existing non-conforming graveled parking lots or parking spaces must be continuously maintained so that dirt, mud, and gravel shall not be tracked onto adjacent lots, properties, or public streets or ways. All land areas that are not covered with buildings or paved for off-street parking and circulation of vehicles shall be appropriately landscaped with grass or other vegetative ground cover, decorative mulch planting beds, trees or shrubs.
(g) Traffic Flow on Public Rights-of-Way.
(1) Driveways and areas for parking, and maneuvering of vehicles shall meet the requirements of the City Traffic Engineer with regard to traffic flow on public streets and alleys. Parking spaces shall be designed so that no backward movement of a vehicle onto a public right-of-way, other than an alley, will be necessary, except for single family or duplex dwellings.
(h) Drainage.
(1) A parking area shall be designed to dispose of all surface water accumulation within the area in such a manner as to prevent drainage onto and across a sidewalk or onto adjoining property. In addition, all such areas and driveways shall be designed, graded, constructed and drained as required by the City Code. No such area or driveway shall be built over or interfere with the flow of an existing drainage channel unless adequate drainage facilities are provided to accommodate said channel. No certificate of occupancy for a building shall be issued unless all parking and loading areas and driveways are constructed in accordance with the approved plans.
(i) Configuration of Parking Spaces.
(1) No parking space shall be located in a manner so as to block access to any other parking space, except on a parking lot with a parking attendant having access to each vehicle's keys. Bumper guards or wheel barriers shall be secured to the ground surface and shall be so installed that no portion of a vehicle will project onto a public right-of-way, over adjoining property or over a sidewalk, or into a required setback, landscaping, the required parking spaces do not overhang nor impede a public right-of-way in any manner.
(j) Lighting.
(1) Lighting of a parking area shall not interfere with surrounding areas or traffic flow. Lighting shall be arranged and designed so that no source of light is directed toward any lots used or zoned for residential use. Lighting shall be designed to shield public streets and all other adjacent lands from distracting glare, or hazardous interference of any kind. Vehicular use areas shall not be lighted at any time other than the hours of operation of the use that the parking is intended to serve, except for necessary security lighting.
(k) Maximum Grade.
(1) The maximum grade for a driveway shall be seventeen percent (17%). The grade shall be measured along the path of the driveway from the property line toward the parking area.
(l) Common Driveways.
(1) A common driveway shall be permitted for adjacent residential lots. A least one-half (½) the minimum width of the service driveway shall be located on each lot. Legal evidence shall be presented to the City in the form of deeds, leases, or contracts to establish the joint use prior to zoning approval. If driveway adjoins State owned road (DOH) the owner must first obtain a permit with the WV Department of Highways and have the property inspected by a state engineer prior to making permit application to the City. Owner must submit evidence of a boundary survey.
(m) Abandoned Curbs and Sidewalks.
(1) When the use of property is changed, the curb and sidewalk area of abandoned driveways shall be constructed to the sidewalk and curb standards of the City, except that such construction shall not be required where there is no existing sidewalk adjoining the abandoned driveway.
(Ord. 2023-02. Passed 4-17-23.)
1333.21 DESIGN AND CONSTRUCTION REQUIREMENTS.
(a) In addition to general design requirements specified in other sections of this Article, the following design and construction requirements shall be satisfied in all off-street parking areas:
(1) No new or expanded parking lot shall be constructed, expanded, or hard-surfaced unless and until a permit is issued by the Building Department.
(2) Plans for the layout of off-street parking facilities shall be in accordance with the minimum requirements contained in Illustration B-8 and B-9. Parking stalls shall be delineated by striping, in accordance with general design guidelines and rules established and made available to the public by the City.
(b) Driveway Standards.
(1) The minimum width of driveways for residential uses, shall be ten (10) feet for a one-lane driveway and eighteen (18) feet for a two-lane driveway.
(2) The minimum width of driveways for commercial and semi-public uses, shall be thirteen (13) feet for a one-lane driveway and twenty-six (26) feet for a two-lane driveway.
(3) The minimum width of driveways for industrial type uses, shall be fifteen (15) feet for a one-lane driveway and thirty (30) feet for a two-lane driveway.
(c) Parking Space Requirements.
(1) Off-street parking spaces shall be provided in accordance with the minimum standards included in Appendix A Table 5-1-B1, Land-Use Parking Table Requirements for a building or use not specifically listed shall be determined by the Zoning Officer based upon the requirements of similar uses.
(Ord. 2023-02. Passed 4-17-23.)
1333.22 MINIMUM PARKING SPACE REQUIREMENTS (PER GROSS FLOOR AREA).
(a) Rules for Computing Parking Space Requirements. The following rules shall apply when computing the number of spaces required pursuant to Appendix A, Table 5-1-B1, Land-Use Parking Table Requirements.
(1) Fractions. When calculation of the number of required off-street parking spaces results in a fractional number, a fraction of less than one-half (½) shall be disregarded and a fraction of one-half (½) or more shall be rounded to the next highest whole number.
(2) Multiple Uses or Activities. When two (2) or more uses, activities, or separate establishments are located within the same development, off-street parking shall be provided for each use or separate establishment according to Appendix A, Table 5-1-B1, unless a shared parking plan is approved. In the event that one or more uses within a multi-use development are of a size that would otherwise exempt them from compliance with off-street parking requirements, only one such exemption shall be permitted to be taken for the entire development.
(3) Bench Seating. When seating consists of benches, pews or other similar seating facilities, each twenty (20) linear inches of seating space shall be counted as one (1) seat.
(4) Employees and Occupants. For the purpose of computing parking requirements based on the number of employees, residents or occupants, calculations shall be based on the largest number of persons working on any single shift or the maximum fire-rated capacity, whichever is applicable.
(b) Joint and Shared Use Parking.
(1) The joint use of a parking lot for two (2) or more buildings or uses which are abutting or directly across the public way from each other, may be permitted, except for single-family residential and duplexes, provided that; the total number of spaces is not less than the sum required for various building or uses if computed separately unless the hours of operation are computed separately.
(2) Each use of the shared spaces shall function as if having been provided separately.
(3) A written agreement shall be prepared by and between property owners specifying the conditions for sharing and maintaining said spaces(s), and such agreement shall be filed with the Zoning Officer.
(4) The City may allow a reduction of total parking requirement up to twenty-five percent (25%):
A. If the applicant can satisfactorily demonstrate the parking spaces will be shared with another adjacent land use and the lack of overlap of hours of operation of the land uses justify such a reduction, and
B. The applicant provides the City with a written agreement as described in (b)(3) above, which includes the justification for the reduction.
(5) Shared parking facilities shall provide signs on the premises indicating the availability of the facility for the patrons of the participating uses.
(6) Modifications to the structures in which the uses are located or changes in tenant occupancy shall require review for compliance with this Section.
(c) Restricted Accessory Parking Lot Standards.
(1) Parking spaces in restricted accessory parking lots when approved as either a permitted or conditional use shall count toward fulfilling on-site parking requirements for the use to which the parking lot is accessory.
(2) Restricted accessory parking lots in commercial districts located directly abutting or directly across a minor street or public way shall be treated as a permitted use.
(Ord. 2023-02. Passed 4-17-23.)
1333.23 LOADING AREA DESIGN AND IMPROVEMENT STANDARDS.
(a) The design and improvement standards of this section shall apply to all off-street loading areas, when provided.
(1) Surfacing. Areas used for off-street loading and circulation shall be surfaced with asphalt, concrete, masonry, or other solid paving materials with sufficient strength to support the vehicle loads imposed. Loading areas shall be continuously maintained and designed to preclude free flow of storm water onto adjacent lots properties, or public streets or ways.
(2) Landscaping and Screening. Off-street loading areas shall be screened from view.
(b) Lighting.
(1) Lighting shall be arranged and designed so that no source of light is directed toward any lots used or zoned for residential use. Lighting shall be designed to shield public streets and all other adjacent lands from distracting glare, or hazardous interference of any kind. Vehicular use areas shall not be lighted at any time other than the hours of operation of the use that the loading is intended to serve, except for necessary security lighting.
(c) Loading Area Access.
(1) Loading areas shall be located and designed to ensure that entering and exiting vehicles do not disrupt vehicle and pedestrian circulation patterns.
(d) Loading Area Dimensional Standards.
(1) Each required off-street loading space shall be a minimum of ten (10) feet in width and twenty-five (25) feet in length or longer as required to accommodate a truck within the property, provided that a greater length shall be required whenever necessary to ensure that no vehicle using the space extends beyond a property line. Where covered, the berth shall have a vertical clearance of at least fourteen (14) feet.
(Ord. 2023-02. Passed 4-17-23.)
1333.24 DRIVE-UP WINDOWS AND DRIVE-THROUGH USES.
(a) The following minimum parking standards shall apply to all drive-up windows and drive-through uses permitted by this Ordinance:
(1) The use shall not require an additional curb-cut in the pedestrian right-of-way;
(2) The vehicular entrance and approach to the use shall be clearly delineated by markings, striping and/or signage as determined necessary;
(3) The use will not create detrimental impact on surrounding properties, taking into consideration probable traffic generation, the physical relationship of the proposed use and structure to surrounding uses and structures, the probable hours of operations, and the impacts of noise and traffic generation on surrounding residential and commercial uses.
(b) Queuing for Drive-Through Facilities.
(1) In addition to meeting the off-street parking requirements of this section, drive-through facilities shall comply with the following standards:
B. Minimum Dimensions Each queue space shall be a minimum of ten (10) feet by twenty (20) feet in size.
C. Each queue lane shall be clearly defined and designed so as not to conflict or interfere with other pedestrian or vehicular traffic using the site. (Ord. 2023-02. Passed 4-17-23.)
1333.25 PARKING FOR PERSONS WITH DISABILITIES.
(a) A portion of the total number of required parking spaces shall be specifically designated, located and reserved for use by persons with disabilities as below:
(1) Parking spaces reserved for persons with disabilities shall be counted toward fulfilling overall off-street parking standards.
(b) Van-Accessible Parking Space Requirements.
(1) One (1) in every eight (8) accessible spaces, but not less than one (1), shall be served by an access aisle eight (8) feet wide minimum and shall be designated "van accessible" as required by Americans with Disabilities Act of 1990. The vertical clearance at such spaces shall comply with Americans with Americans with Disabilities Act of 1990. All such spaces may be grouped on one (1) level of a parking structure.
(c) Minimum Dimensions.
(1) All parking spaces reserved for persons with disabilities shall be at least nineteen (19) feet in length and at least eight (8) feet wide and shall provide minimum vertical clearance of eight (8) feet two (2) inches at the parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s). Parking access aisles shall be part of an accessible route to the building or facility entrance and shall be five (5) feet wide, except parking spaces reserved for vans, which shall be eight (8) feet. Two (2) accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (two percent (2%)) in all directions.
(d) Location of Accessible Parking Spaces.
(1) Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.
(e) Signs and Markings.
(1) Required spaces for persons with disabilities shall be designated with signs and pavement markings identifying them as reserved for persons with disabilities. The required sign shall clearly indicate the maximum fine assessed on violators. The size of the sign shall not exceed four (4) square feet. Van-accessible spaces shall have an additional sign "Van-Accessible" mounted below the symbol of accessibility. Such signs shall be located so as not to be obscured by a vehicle parked in the space.
(f) Passenger Loading Zones.
(1) Passenger loading zones shall provide an access aisle at least five (5) feet wide and twenty (20) feet long adjacent and parallel to the vehicle pull-up space. If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp complying with the Americans with Disabilities Act of 1990 shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 (two percent (2%)) in all directions. Minimum vertical clearance of nine (9) feet six (6) inches shall be provided at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrances(s) and exit(s).
(Ord. 2023-02. Passed 4-17-23.)
1333.26 NONCONFORMING PROVISIONS.
(a) Nonconforming Use Limitations. It is recognized that there may exist within the districts established by this Ordinance and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this Ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments. Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently conducted.
(b) Nonconforming Lots. In any zoning district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of this Ordinance or any subsequent amendment. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
(c) Where such a nonconforming lot does not meet the minimum area or width requirements, or both, the following setback requirements shall apply:
(1) The minimum front setback shall conform to the clearly prevailing setback pattern of developed lots within the same block fronting the same street. When an unimproved lot is situated between two (2) lots with existing principal buildings that each have front yard setbacks less than the setback required in that district, then the front yard setback may be reduced to a depth equal to the average of the two (2) adjacent lots, provided that in no case shall a front yard be reduced by more than fifty percent (50%) of the required front yard for that district.
(2) No side setback shall be less than five (5) feet in any event, unless provided for in this Ordinance.
(d) Nonconforming Structure Used for a Permitted Use. A lawfully existing structure, which contains a permitted use but does not comply with the other requirements of this Ordinance for the zoning district in which it is located, may be continued but shall be subject to the regulations below. In such cases, however, the failure to meet landscaping or screening requirements shall not be considered nonconforming.
(e) Enlargement, Repair, Alteration. A nonconforming structure may be enlarged, maintained, repaired, or structurally altered, provided no such enlargement, maintenance, repair, or structural alteration shall create any additional nonconformity or increase the degree of the existing nonconformity of such structure.
(f) Reconstruction. In the event a nonconforming structure is destroyed by any means to an extent of up to sixty percent (60%) of its replacement costs, exclusive of the foundation, the structure may be reconstructed on the same foundation, provided the reconstruction is begun within twelve (12) months of the date it was destroyed.
(g) Relocation. Should a nonconforming structure be moved for any distance for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(h) Nonconforming Use of a Structure or Land. A nonconforming use of a structure or land may be continued so long as otherwise lawful but shall be subject to the regulations below.
(1) Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, unless the structure and the use shall thereafter conform to the regulations for the district in which they are located.
(2) Ordinary Repair and Maintenance. Ordinary maintenance and repairs, or repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, shall be permitted, provided these actions shall not be deemed to authorize any violation of the other parts of this section. Nothing in this ordinance shall be deemed to prevent the strengthening of a structure, or the restoration of a structure to a safe condition except for a damaged or destroyed structure subject to provisions of subsection (g) of this section, in accordance with the order of the Building Inspector.
(i) Structural Alteration. No structural alteration shall be made unless the entire structure and the use shall thereafter conform to the regulations for the district in which they are located. However, nothing in this Ordinance shall be construed to prevent owners of nonconforming residential structures the right to perform structural alterations which do not increase the number of dwelling units within the nonconforming residential structure or enlarge its exterior dimension.
(j) Moving. Should a nonconforming use of land or structure be moved, in whole or in part, for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after being moved.
(k) Change. A nonconforming use shall not be changed to any use other than the same use or a use permitted in the district in which the land is located. When a nonconforming use has been changed to a permitted use, it shall not thereafter be changed to a nonconforming use.
(l) Discontinuance. A nonconforming use which is hereafter discontinued for any reason and remains such for a continuous period of one (1) year, shall not thereafter be re-established. Such location shall thereafter be occupied by a use which conforms to the regulations for the district in which it is located.
(m) Nonconforming Accessory Use. A nonconforming accessory use shall not continue to remain after the principal use to which it is accessory has been destroyed, relocated, or abandoned. (Ord. 2023-02. Passed 4-17-23.)
1333.27 HEIGHT, BULK, AREA AND DENSITY PROVISIONS.
(a) Except as provided in this Ordinance, no building or structure shall be erected, enlarged, altered, changed, or otherwise modified, on a lot unless such building, structure or modification conforms to the height, bulk, area, and density regulations of the zone in which it is located. The conditions, standards, requirements, and notes set forth in each district and otherwise prescribed by this ordinance are established as the basic height, bulk, area and density regulations for the City.
(b) General Exceptions to Height, Bulk, Area, and Density Regulations.
(1) Height Exceptions. In all districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, transmission lines or towers and distribution poles and lines, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances. Standard antenna and similar appurtenances may not exceed the maximum building height by more than twenty-five (25) feet.
(2) Orientation. All residential structures shall be required to have a front door facing the street unless the applicant proves to the satisfaction of the Zoning Officer that the prevailing condition of the developed lots fronting the same street would warrant a different orientation.
(c) Front Setback Exception.
(1) In traditional neighborhoods, all construction shall conform to the clearly prevailing front setback pattern of developed properties fronting the same side of the street between the street intersections, even when the prevailing front setbacks differ from the zoning district requirement. This is accomplished by averaging the front setback of those developed properties. Outliers, as determined by the Zoning Officer, shall be excluded from the calculation. Where there is no clearly prevailing front setback pattern, new construction shall be subject to the front setback required in the zoning district.
(2) In non-traditional neighborhoods, all construction shall be subject to the front setback required in the zoning district, however when a property is situated between two (2) lots with existing front setbacks that differ from those required in the zoning district, then the front setback may be adjusted to a depth equal to the average of the front setbacks of the two (2) adjacent lots.
(d) Projections into Required Setbacks.
(1) Cornices, eaves, sills or other similar architectural features, or other required means of egress, rain leads or chimneys or other similar structures that do not include space usable by persons may extend or project into a required yard not more than four (4) feet. Unenclosed and uncovered exterior stairways and fire escapes may extend or project into a required side or rear yard not more than four (4) feet. In no case, shall any of the above architectural features or means of egress be constructed less than three (3) feet from the property line.
(2) No front porch or deck shall extend into the required front yard unless development patterns within the block are such that a porch would be appropriate. In no case, shall a front porch extend more than eight (8) feet into the required front yard.
(3) Fences, walls, concrete pads or patios, and brick pavers may extend or project into a required setback.
(4) Uncovered ramps designed in accordance to American with Disabilities Act (ADA) standards may extend or project into a required setback. In no case, shall a ramp be constructed less than three (3) feet from the property line.
(5) Uncovered decks less than five (5) feet in height may extend or project fifty percent (50%) into the rear setback.
(6) Uncovered stairs, landings, porches less than five (5) feet in height may project or extend three (3) feet into the side setback.
(7) Awnings and canopies extending over a public right-of-way shall not be lower than nine (9) feet above the ground. Supporting posts or columns shall not be permitted on public property.
(e) Yard, Building Setbacks, and Open Space Exceptions.
(1) No yard, open space or lot area required for a building or structure shall, during its life, be occupied by or counted as open space for any other building or structure.
(2) For adjoining lots under single ownership, setback requirements may be determined from the perimeter of the adjoining lots, ignoring interior lot lines, provided that only one (1) main structure and its accessory structures shall be allowed within the perimeter of such adjoining lots and, the following notation is first placed on the recorded deed to each such adjoining lot: "For planning and zoning purposes, the lot described herein shall be considered as part and parcel of the adjacent lot(s) owned by [insert owner's name] pursuant to a deed (or deeds) recorded at Deed Record [#s] page [#s], in the Office of the Clerk of the County Commission of Kanawha County. The real estate described herein shall not be considered to be a separate parcel of real estate for land use, development, conveyance or transfer of ownership, without having first obtained the expressed approval of the St. Albans City Planning Commission. This restriction shall be a covenant running with the land."
(f) Side and Rear Setback Exceptions.
(1) One-half (½) of an alley abutting a side or rear yard may be included in the required setback. The required side yard may be reduced where the applicant proves to the satisfaction of the Zoning Officer that the provision of a smaller side yard setback will conform to the prevailing side yard pattern of the developed lots fronting the same street. In no event shall the required side yard be reduced to less than three (3) feet.
(2) In all residential districts, rear additions may be constructed onto the principal residence even when the existing footprint of the principal residence extends into the side setbacks. The rear addition may be constructed as a permitted use, provided that the footprint of the proposed addition will not further extend into the side setbacks.
(3) Corner lots shall have no rear lot lines and therefore shall be subject only to front and side setback requirements.
(g) Through Lot Exception. Where an applicant proves to the satisfaction of the Zoning Officer that a through lot is developed in such a way that it is consistent with the clearly prevailing yard pattern of a neighborhood, the perceived rear yard shall be treated as a rear yard under the provisions of this Ordinance.
(h) Safety and Vision.
(1) Streets. On any corner lot, a wall, fence, sign, structure, display of merchandise or any plant growth which obstructs sight lines at elevations between two and one-half (2 -1/2) feet and eight (8) feet above the crown of the adjacent roadway shall not be placed or maintained within a clear vision triangle of the area of the lot twenty (20) feet along the property line from the street right-of-way at intersections, or forty (40) feet from the edge of paving.
(2) Curb Cuts, Alleys and Driveways. On any corner lot, a wall, fence, sign, structure, display of merchandise or any plant growth which obstructs sight lines at elevations between two and one-half (2 -1/2) feet and eight (8) feet above the crown of the adjacent roadway shall not be placed or maintained within a clear vision triangle of the area of the lot fifteen (15) feet along the property line from the street right-of-way at intersections, or from the edge of paving.
(i) Special Requirements. The following special requirements are established to clarify certain conditions pertaining to the use of lots and access points:
(1) Structures on a Lot. In a residential district, only one (1) principal building and its accessory structures may be located on a lot unless development is approved as a planned unit development, or/as a group housing development.
(2) Lot of Record. Any lot recorded or in single ownership at the time of adoption of these regulations shall be permitted to exist in its present dimension.
(j) Permanent Outdoor Display of Goods. For nonresidential uses in nonresidential zones, a permanent outdoor display of goods shall conform to the required building setback. No display shall be permitted in any public right-of-way, nor shall any display be permitted within a clear vision triangle.
(k) Temporary Outdoor Display of Goods. Temporary outdoor display of merchandise may encroach ten (10) feet on the required building setback. No display shall be permitted in any public right-of-way, nor shall any display be permitted within a clear vision triangle, or within parking spaces necessary to meet the parking requirement.
(Ord. 2023-02. Passed 4-17-23.)