Washington Township Jefferson County
City Zoning Code
City Zoning Code
ARTICLE IV
Zoning Districts
§ 350-10 Establishment of districts.
For the purpose of implementing the community development objectives of this chapter, the following zoning districts are hereby established:
AR | Agricultural/Residential District |
RR | Rural Residential District |
RC | Rural Commercial District |
RI | Rural Industrial District |
AC | Airport/Air Commerce Park District |
REC | Recreational Overlay District |
§ 350-11 Description of districts.
A.
Agricultural/Residential District — AR District. The purpose of this district is to preserve and protect the practice of farming, emphasize the economic importance of farming to the community and the nation, and to ensure the preservation of prime soils for future generations to farm. Limited residential and agricultural-related activities are permitted in this district. Uses that would substantially interfere with the principle use are discouraged.
(1)
Permitted uses:
(a)
Agricultural uses as defined in Article III.
(b)
Essential services.
(c)
Single-family detached dwellings, including mobile homes, provided that the mobile home is placed on a permanent foundation that shall be of poured concrete or cement block and properly anchored (Article V, § 350-39).
(d)
Home occupations.
(e)
Seasonal dwellings.
(f)
Kennels.
(g)
Surface mines.
(h)
Gas/oil extraction.
(i)
Forestry.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(j)
No-impact home-based business.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Special exceptions:
(a)
Educational facilities (public and private).
(b)
Houses of worship and other religious facilities.
(c)
Philanthropic facilities.
(d)
Cemeteries.
(e)
Day-care facilities (child and adult) subject to appropriate state regulations.
(f)
Mobile home parks.
(g)
Quarrying and other extraction industries [not included in Subsection A(1)(g) and (h) above].
(h)
Animal hospital and veterinary facility.
(i)
Group homes.
(j)
Trailer/recreational vehicle parks.
(3)
Conditional uses:
(a)
Animal hospitals and veterinary facilities.
(b)
Bed-and-breakfast/guest home.
(c)
Planning mill and/or sawmill.
(d)
Two-family attached dwellings.
(e)
Neighborhood/commercial uses.
(f)
Professional offices.
(g)
Retirement community.
(h)
Planned residential developments.
(i)
Solar electric energy facility.
[Added 5-25-2021 by Ord. No. 2021-02]
(4)
Area and bulk.
(a)
The minimum lot area for all uses within the AR District shall be one acre (43,560 square feet), provided the lot meets all applicable DEP on-lot sewage disposal requirements.
(b)
Minimum lot width at setback is 150 linear feet.
(5)
Coverage.
(a)
All buildings, including accessory buildings, shall cover not more than 25% of the lot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
Setback.
(a)
Front yard.
[1]
Principal building: minimum of 35 feet from the right-of-way line for residential and agricultural uses.
[2]
Minimum setbacks for other uses are:
[a]
Educational facilities, religious facilities and philanthropic facilities: 50 feet.
[b]
Bed-and-breakfast/guest home: 35 feet.
[c]
Neighborhood commercial uses: 35 feet.
[d]
Other permitted uses: 50 feet.
[3]
Corner lots shall be construed to have two front yards.
(b)
Side yard.
[1]
Principal building. Each lot shall have two side yards, neither of which shall be less than 15 feet.
[2]
All accessory buildings shall be a minimum of eight feet from any side lot line.
(c)
Rear yard.
[1]
Principal building: minimum of 25 feet.
[2]
All accessory buildings shall be a minimum of eight feet from any rear lot line.
(d)
Buildings housing livestock (including dog kennels) or poultry shall not be closer than 50 feet to any public right-of-way nor 100 feet to a residential district or residential structure other than the owner's.
(7)
Height.
(a)
Buildings devoted to farm use shall be exempt from height regulations.
(b)
The maximum building height for a single-family detached dwelling shall be three stories or 35 vertical feet, whichever is less.
B.
Rural Residential District - RR District. This district is intended to encourage moderate density and compact residential development in appropriate rural areas. In order to maintain the community's rural character, minimum lot sizes, building setbacks, and buffer requirements have been established. And to foster an appropriate residential environment, compatible public and semipublic uses, such as churches and recreational facilities are permitted in this district while industrial and commercial activities, with the exception of home occupations, are discouraged.
(1)
Permitted uses:
(a)
Single-family detached dwellings, including mobile homes, provided that the mobile home is placed on a permanent foundation that shall be of poured concrete or cement block and properly anchored (Article V, § 350-39).
(b)
Two-family attached dwellings.
(c)
Public golf courses.
(d)
Home occupations.
(e)
Essential services.
(f)
Forestry.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(g)
No-impact home-based business.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Special exceptions:
(a)
Educational facilities (public and private).
(b)
Houses of worship and other religious facilities.
(c)
Day-care facilities (child and adult) subject to appropriate state regulations.
(3)
Conditional uses:
(a)
Bed-and-breakfast/guest home.
(b)
Group homes/personal care.
(c)
Professional offices.
(d)
Family care homes.
(e)
Multifamily residential development.
(4)
Area and bulk: minimum lot size.
(a)
The regulations uses in the RR District are as follows:
[1]
43, 560 square feet with on-lot water and/or sewerage (providing the lot meets all applicable DEP on-lot sewage disposal requirements).
[2]
12,000 square feet with off-lot water and off-lot sewerage.
(b)
Minimum lot width at setback: 100 feet.
(c)
Minimum lot depth at setback: 120 feet.
(5)
Coverage. All buildings, including accessory buildings, shall cover not more than 35% of the lot.
(6)
Setback.
(a)
Front yard:
[1]
Minimum of 25 feet from the right-of-way line for residential uses. Minimum setbacks for other uses are:
[a]
Educational facilities and religious facilities: 50 feet.
[b]
Bed-and-breakfast/guest home: 35 feet.
[c]
Other permitted uses: 50 feet.
[2]
Corner lots shall be construed to have two front yards.
(b)
Side yards.
[1]
Each lot shall have two side yards, neither of which shall be less than 10 feet.
[2]
All accessory buildings shall be a minimum of eight feet from any side lot line.
(c)
Rear yards.
[1]
Minimum of 10 feet in depth.
[2]
All accessory buildings shall be a minimum of eight feet from any side lot line.
(7)
Height. The maximum building height for all buildings shall be three stories or 35 feet, whichever is less.
C.
Rural Commercial District - RC District. The purpose of this district is to set aside areas that can support a mixture of commercial, service and residential uses, including commercial shops, contractor warehouse and service operations. Such uses are intended to encourage new small business activity that is compatible with the available infrastructure, the rural character of the Township and county and supportive of servicing regional traffic generated on Interstate 80.
(1)
Permitted uses:
(a)
Vehicle service station.
(b)
Automobile repair or body work facility.
(c)
Automobile sales.
(d)
Banks and financial services.
(e)
Car wash.
(f)
Convenience stores.
(g)
Essential services.
(h)
Hotels and motels.
(i)
Personal and business service establishments.
(j)
Professional offices.
(k)
Restaurants, cafes, fast-food restaurants, and other places serving food and beverages.
(l)
Retail stores.
(m)
Animal hospital and veterinary facility.
(n)
Forestry.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(o)
Automobile filling stations.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Special exceptions:
(a)
Warehouses and storage uses.
(b)
Truck terminals.
(3)
Conditional uses:
(a)
Retail shopping centers and malls.
(b)
Truck service plazas.
(4)
Area and bulk.
(a)
Minimum lot size:
[1]
43,560 square feet with on-lot water and/or sewerage (providing the lot meets all applicable DEP on-lot sewage disposal requirements).
[2]
20,780 square feet with off-lot water and off-lot sewerage (providing the lot meets all applicable DEP on-lot sewage disposal requirements).
[3]
Ten acres for any uses requiring special exceptions or conditional uses.
(b)
Minimum lot width at setback: 120 feet for permitted uses.
(c)
Minimum lot depth: 175 feet for permitted uses.
(5)
Coverage. All buildings, including accessory buildings, shall cover not more than 50% of the lot area.
(6)
Setbacks. All buildings, including accessory buildings:
(a)
Front yard: minimum of 50 feet from the right-of-way line. Corner lots shall be construed as having two front yards.
(b)
Side yard: 15 feet; when abutting a residential use the minimum side yard is increased to 25 feet.
(c)
Rear yard: 35 feet.
(7)
Height. Maximum height for all buildings shall be three stories or 35 feet, whichever is less.
D.
Rural Industrial District - RI District. The intent of this district is to provide areas where various distributive and light industrial activities can be accommodated without creating undesirable or incompatible situations with neighboring land uses and to provide areas for new industrial growth. Because of the rural nature of the land areas zoned in this chapter, heavy industrial activities requiring an energy-intensive infrastructure (highways, railroads, water, sewer) are discouraged in this district.
(1)
Permitted uses:
(a)
Automobile and/or truck repair/body work activity.
(b)
Building supply yards.
(c)
Essential services.
(d)
Logging and lumber processing.
(e)
Manufacturing industries.
(f)
Mini-storage warehouses.
(g)
Mining and extractive operations and services.
(h)
Warehousing facilities.
(i)
Uses permitted in RC District.
(j)
Forestry.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Special exceptions:
(a)
Public parks.
(b)
Liquid fuel storage and distribution.
(3)
Conditional uses:
(a)
Adult entertainment.
(b)
Chemical plants and storage facilities.
(c)
Offices/office parks.
(d)
Solid waste facilities, including composting, sanitary landfills, transfer stations and resource recovery operations.
(e)
Salvage/junkyards.
(4)
Area and bulk.
(a)
Minimum lot size: five acres (providing the lot meets all applicable DEP on-lot sewage disposal requirements).
(b)
Minimum lot width at setback: 200 feet.
(c)
Minimum lot depth at setback: 300 feet.
(5)
Coverage. All buildings, including accessory buildings, shall cover not more than 60% of the lot area.
(6)
Setbacks for all buildings, including accessory buildings:
(a)
Front yard: minimum of 50 feet from right-of-way lines.
(b)
Side yard: minimum of 25 feet on all sides.
(c)
Rear yard: minimum of 35 feet.
(d)
When abutting a residential use, a fifty-foot setback shall be provided for each affected yard.
(7)
Height. The maximum building height for all buildings shall be three stories or 50 feet, whichever is less.
E.
Airport/Air Commerce Park - AC District. The intent of this district is to provide areas appropriate for the aviation uses required for the operation of the DuDois-Jefferson County Airport, and related development of a commerce park adjoining the airport, without creating undesirable or incompatible situations with neighboring land uses and to provide areas for new industrial growth. Because of the nature of this district, businesses directly related to aviation, airport operations, and businesses depending on air service are encouraged in this district.
(1)
Permitted uses:
(a)
Air freight and cargo handling.
(b)
Air passenger facilities.
(c)
Agricultural uses.
(d)
Automotive rental facilities.
(e)
Aviation-related businesses, offices, sales, services, storage and schools.
(f)
Business services related to air service and facilities.
(g)
Charter and commercial aircraft operations and facilities.
(h)
Heliport facilities.
(i)
Laboratories.
(j)
Manufacturing facilities.
(k)
Offices and office parks.
(l)
Research facilities.
(m)
Gas/oil extraction.
[Added 9-13-2011 by Ord. No. 2011-02]
(n)
Forestry.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Special exceptions:
(a)
Nonaviation liquid fuel storage and distribution.
(3)
Conditional uses:
(a)
Chemical plants and storage facilities.
(b)
Other businesses not meeting Subsection E(1) that require inclusion in the Foreign Trade Zone.
(4)
Area and bulk.
(a)
Minimum lot size: five acres (providing the lot meets all applicable DEP on-lot sewage disposal requirements).
(b)
Minimum lot width at setback: 200 feet.
(c)
Minimum lot depth at setback: 300 feet.
(5)
Coverage. All buildings, including accessory buildings, shall cover not more than 40% of the lot area.
(6)
Setbacks for all buildings, including accessory buildings.
(a)
Front yard: minimum of 50 feet from right-of-way lines.
(b)
Side yard: minimum of 25 feet on all sides.
(c)
Rear yard: minimum of 35 feet.
(d)
When abutting a residential use, a fifty-foot setback shall be provided for each affected yard.
(7)
Height. The maximum building height for all buildings shall be three stories or 50 feet, whichever is less. (Note: 50 feet is the accepted height limitation as per the Airport Hazard Zoning Ordinance.[1])
[1]
Editor's Note: See Ch. 351, Zoning, Airport.
§ 350-12 Overlay Districts.
A.
Recreational Overlay District - REC District. The intent of this district is to provide for and preserve certain significant open space resources in the Township to meet recreational needs of the residents and maintain the quality of life. Given the location of these resources in relation to zoning districts, these requirements are being met in an overlay format, whereby recreational areas are preserved in several underlying zoning districts. The requirements of the REC District transcend requirements of the underlying district.
(1)
Permitted uses:
(a)
Existing principal and accessory uses.
(b)
Agriculture uses.
(c)
Water-related uses, such as docks, piers, wharves and bridges.
(d)
Recreation, trails, bike paths, open space, nature walks and supportive accessory uses.
(2)
Conditional uses:
(a)
Public memorials and monuments.
(b)
Private recreational facilities.
(3)
Maximum impervious coverage:
(a)
All buildings, including accessory buildings, shall cover not more than 15% of the lot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Height.
(a)
The maximum building height for any building shall be 25 vertical feet.
§ 350-13 Zoning Map.
The boundaries of the zoning districts shall be shown on the map attached to and made a part of this chapter that shall be designated the "Official Zoning Map." The same map and all the notations, references, and other data shown thereon are hereby incorporated by reference into this chapter as if all were fully described within the text of this chapter.[1]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
§ 350-14 Interpretation of zoning district boundaries.
Where uncertainty exists as to boundaries of any district as shown on said map, the following rules shall apply.
A.
District boundary lines are intended to follow or be parallel to the center line of streets, streams and railroads, and lot or property lines as they exist on a recorded deed or plan or record in the Jefferson County Recorder of Deed's office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map.
B.
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines and where it does not scale more than 10 feet therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
C.
In unsubdivided land or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the maps.
D.
In cases of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Officer shall request the Zoning Hearing Board to render its determination; provided, however, that no boundary shall be changed by the Zoning Hearing Board.
§ 350-15 Application of district regulations.
The regulations set forth in this article for each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
A.
No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
B.
No building or other structure shall hereafter be erected or altered:
(1)
To exceed height or bulk requirements.
(2)
To occupy a greater percentage of lot area.
(3)
To accommodate or house a greater number of families, except as permitted in a residential conversion.
(4)
To have narrower or smaller rear yards, front yards, side yards, or other open space than herein required, or in any other manner be contrary to this chapter.
§ 350-16 Use regulations and dimensional requirements.
The specific use regulations and dimensional requirements pertaining to each district are contained in this article.
