Summersville City Zoning Code
ARTICLE 1345
General Standards
1345.01 ESSENTIAL SERVICES.
Essential services, including gas, electric and telephone facilities and substations, shall be permitted in all districts, subject to restrictions approved of the Planning Commission with respect to use, design, yard area, setback and height.
(Ord. 9-3-68.)
1345.02 DWELLING ON SMALL LOTS.
Notwithstanding the limitations imposed by any other provision of these Standards, the Planning Commission may permit erection of a dwelling on any lot (in a residence district where permitted by these Standards) separately owned or under contract of sale and containing, at the time of the effective date of these Standards, an area or a width smaller than that required for a single family dwelling. In no case shall any dwelling be permitted within five (5) feet of a lot line in any residence district. (Ord. 9-3-68.)
1345.03 STORAGE.
No lot or premises shall be used as a garbage dump, or a dead animal rendering plant. No manure, rubbish, or miscellaneous refuse may be stored in the open within any district where the same may be construed as a menace to public health or safety. No exceptions shall be made except by official governmental action.
(Ord. 9-3-68.)
1345.04 FENCES OR HEDGES.
Fences, hedges, or other plantings, structures or walls, shall not be located at street corners so as to interfere with vision clearance across the corner lots. The height of such objects is restricted to three (3) feet within a triangular area formed by the intersecting street lines and a line joining points on the street lines and equidistant from the point of intersection. This distance shall be thirty (30) feet from the corner.
(Ord. 9-3-68.)
1345.05 REAR DWELLINGS.
No building in the rear of a main building on the same lot may be used for living purposes in a residence district. (Ord. 9-3-68.)
1345.06 CELLAR DWELLINGS.
No living quarters shall be placed in a cellar dwelling or garage or in any other room or space having less than seven (7) feet of ceiling clearance above the average ground level.
(Ord. 9-3-68.)
1345.07 SETBACK.
In a residential district where one or more existing structures are located on adjacent lots within one hundred fifty (150) feet in either direction of a proposed structure, such proposed structure setback shall conform with the average setbacks of the existing structures.
(Ord. 9-3-68.)
1345.08 ACCESSORY STRUCTURES.
Structures permitted within these Standards as complementary to the principal structure shall be located per all uses by the following:
(a) No structure shall be located within the minimum distance of the front lot line to the building line of the principal structure.
(b) Structures on corner lots shall be located within the minimum distance of the front lot line to the building line of the structure, for the adjoining lot on the side highway or street.
(c) Detached accessory structures shall be located a minimum distance of ten (10) feet from the rear building line of the principal structure.
(d) Private garages shall be located a minimum distance of ten (10) feet from the rear lot lines; all other accessory structures not requiring vehicular access, six (6) feet.
(e) Accessory structures shall be located a minimum distance of four (4) feet from a side lot line.
(Ord. 9-3-68.)
1345.09 GROUP HOUSING.
In cases where group housing, two (2) or more residential structures containing multiple dwelling units are constructed on a plot of ground, not subdivided into the customary lots and streets and which will not be subdivided, or where the existing or contemplated street and lot layout make it impractical to apply the requirements of these Standards to the individual building units in such group housing, the application of the terms of these Standards may be varied by the Planning Commission in a manner which will be in harmony with the character of the neighborhood.
The Planning Commission shall authorize such construction subject to the following:
(a) Only the uses permitted within the district in which such construction will be located.
(b) Per family lot area in accordance with the minimum lot requirements of the district in which such construction will be located.
(c) Height, yard and lot coverage requirements in accordance with requirements of the district in which such construction will be located.
(Ord. 9-3-68.)
1345.10 GASOLINE STATIONS AND PUBLIC GARAGES.
Gasoline stations and public garages, where permitted, shall have a minimum frontage on any street of one hundred and twenty (120) feet and the minimum lot area shall be ten thousand (10,000) square feet. Furthermore, no disabled or wrecked vehicle shall be parked or stored outside of a building or structure for more than twenty-four (24) hours.
(Ord. 9-3-68.)
1345.11 AUTO TRAILERS AND AUTO TRAILER PARKS.
The use of auto trailers and the establishment of auto trailer parks is subject to the regulations set forth in the Auto Trailer Ordinance of the City of Summersville.
(Ord. 9-3-68.)
1345.12 HOME OCCUPATION.
A home occupation, where permitted, shall be allowed as subsidiary and subordinate use to residential unit provided:
(a) Actual residence shall be maintained by the occupant who may be an owner, a renter, or a lessee.
(b) The accessory use shall be located in a principal dwelling building.
(c) The accessory use shall not occupy more than 40 percent of the ground floor area of the principal dwelling building.
(d) There shall not be an animal hospital, or animal clinic in connection therewith.
(e) There shall not be more than two non-residents employed on the premises.
(f) There shall be a minimum of five off-street parking spaces in addition to those required under the provisions of these Standards.
(Ord. 9-3-68.)
1345.13 NURSING HOMES AND FUNERAL HOMES.
Nursing homes and funeral homes, where permitted, are subject to the following regulations:
(a) The lot contains a minimum frontage of eighty (80) feet and an area of 15,000 square feet.
(c) The illumination of parking areas and buildings and the display of signs shall be placed in such a manner so as to minimize the disturbance of the general residential character of the neighborhood.
(Ord. 9-3-68.)
1345.14 CONVERSION APARTMENTS.
Where permitted, conversion apartments must conform to the following requirement:
(a) Each living unit provides a minimum of not less than 500 square feet of habitable living space.
(b) Each living unit contains not less than one bathroom and three habitable rooms at least one of which shall be a bedroom.
(c) Separate and private sanitary facilities, cooking and dining accommodations are provided for each living unit.
(d) Fire and safety provisions are certified to be adequate by the Chief of the Summersville Fire Department.
(e) A minimum of two (2) off-street parking spaces are provided for each residential unit. (Ord. 9-3-68.)
1345.15 LIMITED VIDEO LOTTERY ESTABLISHMENTS.
(a) "Limited video lottery establishments" are any establishments within the City in which limited video lottery machines are operated.
(b) Prior to limited video lottery machines being operated in an establishment within the City, an application shall be filed with the City Tax and License Department and the applicant shall apply for and receive a conditional use permit from the Board of Zoning Appeals.
(c) Limited video lottery establishments shall be permitted in the City C-2 Zoning District and C- 3 Zoning District by a conditional use permit approved by the Board of Zoning Appeals, which permit shall be approved subject to the following conditions:
(1) The limited video lottery establishment shall not be located within one thousand (1,000) feet of a residential zone, church or place of worship, school, park, community or recreation facility, or other limited video lottery establishment.
(2) The one thousand (1,000) feet from a school, park, community or recreation facility, or residential zone shall be measured in a straight line from the nearest point of the wall of a limited video lottery establishment to the nearest property line of a school, park, community or recreation facility, or residential zone.
(3) The one thousand (1,000) feet from a church or place of worship shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a limited video lottery is conducted to the nearest point of a wall of a building in which church worship services or related activities are conducted.
(4) The one thousand (1,000) feet from another limited video lottery establishment shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a limited video lottery is conducted to the nearest point of a wall in which another limited video lottery may be conducted.
(d) The provisions hereof shall not be deemed applicable to any limited video lottery establishment that was in operation as of December 6, 2005.
(Ord.2-13-06.)
1345.16 MINIMUM DWELLING AREA.
No dwelling or structure used as a dwelling, whether it be on a temporary or permanent basis shall contain less than 960 square feet. (Ord. 6-24-24.)