Westover City Zoning Code
ARTICLE 1301
General Regulations
1301.01 TITLE.
These regulations and all ordinances and regulations supplemental and amendatory thereto, shall be known and may be cited as the “City of Westover Zoning Ordinance” and are generally referred to herein as “the Zoning Ordinance,” “this Ordinance,” “this amended Ordinance”, or “these regulations.”
(Ord. 318. Passed 2-4-08.)
1301.02 PREAMBLE.
It is the intent of this Ordinance to protect and promote the public health, safety, convenience, morals, and general welfare. More specifically, this Ordinance is intended to achieve the following:
(a) Guide future growth and development in general accordance with the Westover Comprehensive Plan and individual City neighborhood plans with these regulations generally being in accordance with setting forth the purposes of those plans;
(b) Provide adequate light, air, and privacy; secure safety from fire and other danger; and prevent overcrowding of land and undue congestion of population;
(c) Protect the character and the social and economic stability of all parts of the City; encourage orderly and beneficial development; and protect and preserve the value of land and buildings appropriate to the various districts established by this Ordinance;
(d) Bring about the gradual conformity of the uses of land and buildings with the zoning regulations set forth, and minimize conflicts among the uses of land and buildings;
(e) Promote the most beneficial relationship between the uses of land and buildings and the street system which serves those uses, having particular regard for the potential amount and intensity of such land and building uses in relation to the traffic capacity of the street system, so as to avoid congestion in the streets and to promote safe and convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and buildings; and
(f) Provide a guide for public action in the orderly and efficient provision of public facilities and services, and for private enterprise in building development, investment, and other economic activity relating to uses of land and buildings.
(Ord. 318. Passed 2-4-08.)
1301.03 PROHIBITED USES.
Except as provided in these regulations, no building, structure or premises may be used for any purpose other than those permitted in the zoning district in which the building, structure or premises is located. No land or lot area may be reduced, diminished, used or developed except in accordance with all applicable provisions of these regulations. No building or structure may be altered, erected, constructed, installed, moved, replaced or maintained except in accordance with all applicable provisions of these regulations.
(Ord. 318. Passed 2-4-08.)
1301.04 AUTHORITY AND JURISDICTION.
These regulations, enacted pursuant to the West Virginia Code Articles 8A-1 through 8A- 12, as amended, and pursuant to the Westover City Code and all other applicable authorities and provisions of West Virginia statutory and common law, shall apply to all land use within the City corporate limits, except where specifically exempted by State Law.
(Ord. 318. Passed 2-4-08.)
1301.05 INCLUSION AND RELATIONSHIP TO OTHER ORDINANCES.
(a) The Zoning Ordinance shall be interpreted to include any and all other provisions of the Westover City Code that are necessary for an understanding of this Ordinance and the attainment of its purposes. The City Council of the City of Westover, West Virginia intends that all Westover City Code provisions relating to land use, and all orders, rules, and regulations established pursuant to these provisions, be read as part of a uniform system of Westover land use regulation.
(b) All departments, officials and employees of Westover, West Virginia, that are vested with the duty or authority to issue permits, certificates or approvals, shall conform to the provisions of this Ordinance and shall issue no permit, certificate or approval for any use, structure or activity if the same would be in conflict with the provisions of this Ordinance, unless otherwise provided for by law. Any permit, certificate or approval issued in conflict with the provisions of this Ordinance shall be null and void and, in no event, shall act as a waiver of the standards and requirements of these regulations.
(Ord. 318. Passed 2-4-08.)
1301.06 INTERPRETATION, CONFLICT AND SEVERABILITY.
(a) In their interpretation and application, these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
(b) These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law. Where the conditions imposed by, or pursuant to, these regulations are different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, statute or other provision of law, the provisions which are more restrictive and which impose the higher/greater standards shall control.
(c) The provisions of this Ordinance are separable. If any part or provision of these regulations or their application to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or their application to other persons or circumstances. The City hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application.
(Ord. 318. Passed 2-4-08.)
1301.07 NOTICES.
For purposes of this Ordinance, if written notice is required to be given to any person, such requirement shall be considered satisfied as of the date of deposit of the written notice in the United States mail, postage pre-paid, addressed to the person or agent thereof, at his last known address or principal place of delivery, as is currently on file with the Office of the Monongalia County Tax Assessor.
(Ord. 318. Passed 2-4-08.)
1301.08 TRANSITION RULES.
In determining the applicability of this amended Zoning Ordinance with respect to the previous version of zoning regulations, the following rules shall apply:
(a) When a use lawfully existing on the effective date of this amended Zoning Ordinance was classified as a permitted use prior to the effective date of this Ordinance, and such use is classified as a “Conditional Use” by this Ordinance, such use shall be deemed a lawful nonconforming use. Such use may be granted a conditional use permit in the manner prescribed by Article 1311 of these regulations or, alternatively, may continue subject to the nonconforming use provisions of these regulations.
(b) When a use lawfully existing as a permitted use on the effective date of this amended Zoning Ordinance, or any amendment thereto, or any building, structure or lot lawfully existing that does not meet all development standards set forth in this Ordinance, or any amendment thereto, or is no longer classified as permitted, such use, building, structure, or lot shall be deemed lawfully nonconforming and shall be subject to the nonconforming use provisions of Article 1320 of these regulations.
(c) When, before the effective date of this amended Zoning Ordinance, a complete application has been filed for a Building Permit for a building or structure which conforms to all applicable regulations in effect prior to the effective date of this Ordinance, the building or structure may be completed in accordance with the plans on the basis of which the application was submitted. Upon completion, said building or structure may be occupied for the use which was specified on the Building Permit application, provided the use at the time of application was classified as permitted, or if classified as a conditional use, had been approved by the Planning Commission and/or Board of Zoning Appeals. Provided, also, if the use originally intended no longer complies with all requirements of this Zoning Ordinance such use shall be a lawful nonconforming use subject to the nonconforming use provisions of Article 1320 of these regulations or, alternatively, as a conditional use subject to the conditional use provisions of Article 1311 of these regulations. However, in the event that said application or permit expires or is suspended or revoked in accordance with Article 1311 of these regulations, any new permit application that is submitted after the effective date of this Ordinance shall be subject to the regulations in this Ordinance.
(d) All variances granted prior to the effective date of this amended Zoning Ordinance shall remain in full force and effect subject to the conditions of variance approval. However, such variance shall apply only to the specific development standard granted.
(e) All conditional use permits granted prior to the effective date of this amended Zoning Ordinance shall remain in full force and effect subject to the conditions of conditional use approval. Expansion or change in use shall require compliance with this Zoning Ordinance.
(Ord. 318. Passed 2-4-08.)
1301.09 FENCES, WALLS AND HEDGES.
(a) Notwithstanding any other provision of this Zoning Ordinance, fences, walls and hedges may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge along the sides or front yard shall exceed six feet in height.
(b) All fences, walls and hedges will be maintained as not to have an unkempt appearance or safety hazard.
(Ord. 323. Passed 5-19-08.)
1301.10 REMEDIES; PENALTIES.
(a) The Commission, the Board, the Mayor, any designated enforcement official or any person or persons jointly or severally aggrieved may institute a suit for injunction in the Circuit Court of the County to restrain any individual or a governmental unit from violating the provisions of this Zoning Ordinance.
(b) The Commission or the Board may also institute a suit for mandatory injunction directing any individual, corporation or governmental unit to remove a structure erected in violation of the provisions of this Zoning Ordinance.
(c) Any building erected, raised or converted, or land or premises used in violation of any provisions of this Zoning Ordinance or the requirements thereof is hereby declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law.
(d) Any violation of the provisions of this Zoning Ordinance shall be a misdemeanor and punishable by a fine of not more than five hundred dollars ($500.00). Each day that a violation continues after due notice has been served shall be a separate violation whereas no additional citation will be required.
(Ord. 379. Passed 10-15-12.)
1301.11 FILING FEES.
Applications and petitions filed pursuant to the provisions of this Zoning Ordinance shall be accompanied by the filing fees hereinafter specified.
(a) There shall be no filing fee for a certificate of occupancy.
(b) For each petition for an appeal from the decision of the Building Inspector to the Board, a fee of twenty-five dollars ($25.00) to be paid to and collected by the City Clerk, the receipt for which shall accompany the petition for appeal.
(c) For each application for the approval by the Board of a conditional use, a fee of fifteen dollars ($15.00) to be paid to and collected by the City Clerk, the receipt for which shall accompany the petition.
(d) For each petition for an amendment, supplement or change in this Zoning Ordinance, a fee of twenty-five dollars ($25.00) to be paid to and collected by the City Clerk, the receipt for which shall accompany the petition.
(e) No part of any filing fee paid pursuant to the above shall be returnable to the applicant or petitioner.
(Ord. 318. Passed 2-4-08.)