Westover City Zoning Code
ARTICLE 1305
Area Uses and Requirements
1305.01 SINGLE FAMILY RESIDENTIAL DISTRICT.
(a) Purpose. The purpose of the Single Family Residential District (R-1) is to:
(1) Provide for attractive single family neighborhoods for residents, and
(2) Preserve the desirable character of existing single family neighborhoods, and
(3) Protect the single family residential areas from change and intrusion that may cause deterioration, and provide for adequate light, ventilation, quiet, and privacy for neighborhood residents.
(b) Permitted Principal, and Conditional Uses.
See the Permitted Land Use Table (Table 1) (Ord. 504. Passed 7-6-21.)
(Ord. 511. Passed 12-20-21.)
(d) Lot Provisions.
Single Family Dwelling
(1) The minimum lot size shall be 4,000 square feet.
(2) The minimum lot frontage shall be 40 feet.
(3) Maximum lot coverage 40 percent.
(e) Setbacks.
The following setbacks shall be required for all principal structures.
(1) Minimum front setback 20 feet
(2) Maximum front setback 25 feet
(3) Minimum side setback 8 feet
(4) Minimum rear setback 20 feet
The minimum setback for accessory structures on a lot shall be five (5) feet from the rear property line and five (5) feet from each side property line. No accessory structures are permitted within the front setback.
(f) Encroachments into Setbacks. Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters or other similar features may extend into a setback a distance not exceeding three (3) feet, except that such features shall not extend closer than three (3) feet from the property line.
(2) Uncovered stairs, landings and porches shall not extend closer than three (3) feet from the property line.
(3) Open and covered, but un-enclosed front porches attached to single family dwellings may extend into the required front setback a distance equal to fifty (50) percent of the setback depth. Such porches may not subsequently be enclosed unless the normal setback requirements for the district are met.
No permitted encroachment noted above shall extend to within three (3) feet of an accessory structure.
Fences, walls, terraces, steps or other similar features may encroach into a required setback. Such appurtenances shall not be located within access, drainage, or utility easements.
HVAC mechanical units may be located no closer than five (5) feet to a side lot line.
Parking shall be permitted in the front setback only on approved driveways constructed to the appropriate engineering standards and Building Codes approved by the City Building Inspector or Mayor and arranged so that no part of any vehicle parked on the driveway encroaches into the right-of-way of any street.
(g) Building Height.
(1) The maximum height of a principal structure shall not exceed thirty-five (35) feet.
(2) The maximum height of an accessory structure shall not exceed eighteen (18) feet.
(3) On a lot where terraces exist, the height of the building located thereon may be increased above the height limitations of the district a distance equal to the height of the terrace above the curb, provided that the depth of the front yard is not less than the height of the terrace above the curb.
(h) Performance Standards. All residential construction shall substantially conform in street orientation to adjacent interior lot homes.
On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of-way line. The required side yard setback on the side facing a street shall be one and one-half (1.5) times the normal side setback requirements.
Civic buildings such as private schools and churches should be built so that they terminate street vistas whenever possible, and shall be of sufficient design to create visual anchors for the community.
(i) Materials.
(1) Residential buildings should be clad in wood siding, vinyl siding, composite siding (cement board), stone, or brick.
(2) Civic building walls shall be clad in stone, wood, brick, marble, or cast concrete.
(3) Garden walls should not be made from cinderblocks unless of the ornamental variety designed for use in landscaping projects.
(4) Civic building roofs shall be clad in slate sheet metal, corrugated metal, and/or diamond tab asphalt shingles.
(5) Principal building roofs should have a pitch that substantially conforms to the roof pitches of adjacent homes.
(k) Supplemental Regulations.
(1) No basement shall be occupied until the residential structure has been completed.
(2) Accessory buildings are permitted in all districts, but not prior to the erection of the principal building.
(3) No accessory building, other than a garage, shall be located closer to a side lot line than three feet nor exceed eighteen feet in height and shall be set back from the front line of the lot at least seventy-five feet in R1 districts, and forty feet in other districts; garages must be located at least fifteen feet from front lot line.
(4) Accessory uses such as walks, driveways, curbs, retaining walls, mailboxes, lamp posts, birdbaths and structures of like nature are permitted in any required front, side or rear yard. Fences, hedges or enclosure walls may be permitted provided:
A. That a solid fence or enclosure wall shall not exceed a height of six feet.
B. That an ornamental fence exceeding six feet in height shall have a ratio of solid portion to open portion not in excess of one to four.
C. That any fence, hedge or enclosure wall on a corner lot and situated within fifteen feet of the intersection of two street lines shall not exceed a height three feet above the curb.
(5) No part of any accessory building shall be used for residential purposes, except that quarters for bona fide servants employed by the occupants of the dwelling on the same lot and one guesthouse without cooking facilities on lots containing not less than 10,000 square feet are permitted.
(Ord. 504. Passed 7-6-21.)
1305.02 SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT.
(a) Purpose. The purpose of the Single and Two-Family Residential District (R-2) is to:
(1) Provide for single and two-family housing development and customary accessory uses at a density slightly higher than in single family neighborhoods, and
(2) Preserve the desirable character of existing medium density family neighborhoods, and
(3) Protect the medium density residential areas from change and intrusion that may cause deterioration, and
(4) Provide for adequate light, ventilation, quiet, and privacy for neighborhood residents.
(b) Permitted Principal, and Conditional Uses.
See the Permitted Land Use Table (Table 1).
(d) Lot Provisions.
Single Family Dwelling.
(1) The minimum lot size shall be 4,000 square feet.
(2) The minimum lot frontage shall be 40 feet.
(3) Maximum lot coverage 50 percent.
Two-Family Dwelling.
(1) The minimum lot size shall be 5,000 square feet.
(2) The minimum lot frontage shall be 40 feet.
(3) Maximum lot coverage 50 percent.
(e) Setbacks. The following setbacks shall be required for all principal structures.
(1) Minimum front setback 15 feet
(2) Maximum front setback 20 feet
(3) Minimum side setback 5 feet
(4) Minimum rear setback 20 feet
The minimum setback for accessory structures on a lot shall be five (5) feet from the rear property line and five (5) feet from each side property line. No accessory structures are permitted within the front setback.
(f) Encroachments into Setbacks.
Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters or other similar features may extend into a setback a distance not exceeding three (3) feet, except that such features shall not extend closer than three (3) feet from the property line.
(2) Uncovered stairs, landings and porches shall not extend closer than three (3) feet from the property line.
(3) Open and covered, but un-enclosed front porches attached to single family dwellings may extend into the required front setback a distance equal to fifty (50) percent of the setback depth. Such porches may not subsequently be enclosed unless the normal setback requirements for the district are met.
No permitted encroachment noted above shall extend to within three (3) feet of an accessory structure.
Fences, walls, terraces, steps or other similar features may encroach into a required setback. Such appurtenances shall not be located within access, drainage, or utility easements.
HVAC mechanical units may be located no closer than five (5) feet to a side lot line.
Parking shall be permitted in the front setback only on approved driveways constructed to the appropriate engineering standards and building codes approved by the City Building Inspector or Mayor and arranged so that no part of any vehicle parked on the driveway encroaches into the right-of-way of any street.
(g) Building Height.
(1) The maximum height of a principal structure shall not exceed thirty-five (35) feet.
(2) The maximum height of an accessory structure shall not exceed eighteen (18) feet.
(3) On a lot where terraces exist, the height of the building located thereon may be increased above the height limitations of the district a distance equal to the height of the terrace above the curb, provided that the depth of the front yard is not less than the height of the terrace above the curb.
(h) Performance Standards. All residential construction shall substantially conform in street orientation to adjacent interior lot homes.
On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of-way line. The required side yard setback on the side facing a street shall be one and one-half (1.5) times the normal side setback requirement.
Civic buildings such as private schools and churches should be built so that they terminate street vistas whenever possible, and shall be of sufficient design to create visual anchors for the community.
(i) Materials.
(1) Residential buildings should be clad in wood siding, vinyl siding, composite siding (cement board), stone, or brick.
(2) Civic building walls shall be clad in stone, wood, brick, marble, or cast concrete.
(3) Garden walls should not be made from cinderblocks unless of the ornamental variety designed for use in landscaping projects.
(4) Civic building roofs shall be clad in slate, sheet metal, corrugated metal, and/or diamond tab asphalt shingles.
(5) Principal building roofs should have a pitch that substantially conforms to the roof pitches of adjacent homes.
(j) Parking.
(k) Supplemental Regulations.
(1) No basement shall be occupied until the residential structure has been completed.
(2) Accessory buildings are permitted in all districts, but not prior to the erection of the principal building.
(3) No accessory building, other than a signage, shall be located closer to a side lot line than three feet nor exceed eighteen feet in height and shall be set back from the front line of the lot at least seventy-five feet in R1 districts, and forty feet in other districts; garages must be located at least fifteen feet from front lot line.
(4) Accessory uses such as walks, driveways, curbs, retaining walls, mailboxes, lamp posts, birdbaths and structures of like nature are permitted in any required front, side or rear yard. Fences, hedges or enclosure walls may be permitted provided:
A. That a solid fence or enclosure wall shall not exceed a height of six feet.
B. That an ornamental fence exceeding six feet in height shall have a ratio of solid portion to open portion not in excess of one to four.
C. That any fence, hedge or enclosure wall on a corner lot and situated within fifteen feet of the intersection of two street lines shall not exceed a height three feet above the curb.
(5) No part of any accessory building shall be used for residential purposes, except that quarters for bona fide servants employed by the occupants of the dwelling on the same lot and one guesthouse without cooking facilities on lots containing not less than 10,000 square feet are permitted.
(Ord. 318. Passed 2-4-08; Ord. 511. Passed 12-20-21.)
1305.03 MULTI-FAMILY RESIDENTIAL DISTRICT.
(a) Purpose. The purpose of the Multi-Family Residential District (R-3) is to:
(1) Provide for a variety of housing density and types, and customary accessory uses at a density higher than in other City neighborhoods, and
(2) Preserve the desirable character of existing high density residential neighborhoods, and
(3) Provide for adequate light, ventilation, quiet, and privacy neighborhood residents.
(b) Permitted Principal, and Conditional Uses.
See the Permitted Land Use Table (Table 1).
(c) Lot Provisions.
Single Family Dwellings.
(1) The minimum lot size shall be 4,000 square feet.
(2) The minimum lot frontage shall be 40 feet.
(3) Maximum lot coverage 50 percent.
Two-Family Dwellings.
(1) The minimum lot size shall be 4,000 square feet.
(2) The minimum lot frontage shall be 40 feet.
(3) Maximum lot coverage 60 percent.
Multi-Family Dwellings.
(1) The minimum lot size shall be 4,000 square feet.
(2) The minimum lot frontage shall be 40 feet.
(3) Maximum lot coverage 60 percent.
(d) Setbacks. The following setbacks shall be required for all principal structures.
(1) Minimum front setback 10 feet
(2) Maximum front setback 15 feet
(3) Minimum side setback 8 feet
(4) Minimum rear setback 15 feet
The minimum setback for accessory structures on a lot shall be five (5) feet from the rear property line and five (5) feet from each side property line. No accessory structures are permitted within the front setback.
(e) Encroachments into Setbacks. Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters or other similar features may extend into a setback a distance not exceeding three (3) feet, except that such features shall not extend closer than three (3) feet from the property line.
(2) Uncovered stairs, landings and porches shall not extend closer than three (3) feet from the property line.
(3) Open and covered, but un-enclosed front porches attached to single family dwellings may extend into the required front setback a distance equal to fifty (50) percent of the setback depth. Such porches may not subsequently be enclosed unless the normal setback requirements for the district are met.
No permitted encroachment noted above shall extend to within three (3) feet of an accessory structure.
Fences, wall, terraces, steps or other similar features may encroach into a required setback. Such appurtenances shall not be located within access, drainage, or utility easements.
HVAC mechanical units may be located no closer than five (5) feet to a side lot line.
Parking shall be permitted in the front setback only on approved driveways constructed to the appropriate engineering standards and Building Codes approved by the City Building Inspector or Mayor and arranged so that no part of any vehicle parked on the driveway encroaches into the right-of-way of any street.
(f) Building Heights.
One and Two-Family Structures.
(1) The maximum height of a one or two-family structure shall not exceed thirty-five (35) feet.
(2) The maximum height of an accessory structure for a one or two-family structure shall not exceed eighteen (18) feet.
(3) On a lot where terraces exist, the height of the building located thereon may be increased above the height limitations of the district a distance equal to the height of the terrace above the curb, provided that the depth of the front yard is not less than the height of the terrace above the curb.
Multi-Family Structures.
(1) The maximum height of a multi-family structure shall not exceed sixty (60) feet.
(2) The maximum height of an accessory structure for a multi-family structure shall not exceed twenty-five (25) feet.
(3) On a lot where terraces exist, the height of the building located thereon may be increased above the height limitations of the district a distance equal to the height of the terrace above the curb, provided that the depth of the front yard is not less than the height of the terrace above the curb.
(g) Performance Standards. All residential construction shall substantially conform in street orientation to adjacent interior lot homes.
On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of-way line. The required side yard setback on the side facing a street shall be one and one-half (1.5) times the normal side setback requirements.
Civic buildings such as private schools and churches should be built so that they terminate street vistas whenever possible, and shall be of sufficient design to create visual anchors for the community.
(h) Materials.
(1) Residential buildings should be clad in wood siding, vinyl siding, composite siding (cement board), stone, or brick.
(2) Civic building walls shall be clad in stone, wood, brick, marble, or cast concrete.
(3) Garden walls should not be made from cinderblocks unless of the ornamental variety designed for use in landscaping projects.
(4) Civic building roofs shall be clad in slate, sheet metal, corrugated metal, and/or diamond tab asphalt shingles.
(5) Principal building roofs should have a pitch that substantially conforms to the roof pitches of adjacent homes.
(j) Supplemental Regulations.
(1) No basement shall be occupied until the residential structure has been completed.
(2) Accessory buildings are permitted in all districts, but no prior to the erection of the principal building.
(3) No accessory building, other than a garage, shall be located closer to a side lot line than three feet nor exceed eighteen feet in height and shall be set back from the front line of the lot at least seventy-five feet in R1 districts, and forty feet in other districts; garages must be located at least fifteen feet from front lot line.
(4) Accessory uses such as walks, driveways, curbs, retaining walls, mailboxes, lamp posts, birdbaths and structures of like nature are permitted in any required front, side or rear yard. Fences, hedges or enclosure walls may be permitted provided:
A. That a solid fence or enclosure wall shall not exceed a height of six feet.
B. That an ornamental fence exceeding six feet in height shall have a ratio of solid portion to open portion not in excess of one to four.
C. That any fence, hedge or enclosure wall on a corner lot and situated within fifteen feet of the intersection of two street lines shall not exceed a height three feet above the curb.
(5) No part of any accessory building shall be used for residential purposes, except that quarters for bona fide servants employed by the occupants of the dwelling on the same lot and one guesthome without cooking facilities on lots containing not less than 10,000 square feet are permitted.
(Ord. 495. Passed 12-7-20.)
1305.04 COMMERCIAL DISTRICT.
(a) Purpose. The purpose of the Commercial District (C) is to:
(1) Create and maintain major commercial areas accommodating a broad range of office, retail, and other commercial activities of communitywide significance, and
(2) Provide for commercial uses that generate high automobile traffic volumes in areas where existing roads can accommodate such traffic, and
(3) Regulate such commercial uses so as to minimize their impact on surrounding residential neighborhoods.
(b) Permitted Principal, and Conditional Uses.
See the Permitted Land Use Table (Table 1).
(c) Lot Provisions.
Commercial Structures.
(1) The minimum lot size shall be 4,000 square feet.
(2) The minimum lot frontage shall be 30 feet.
(3) Maximum lot coverage 85 percent.
(d) Setbacks.
The following setbacks shall be required for all principal structures.
(1) Minimum front setback 10 feet
(2) Maximum front setback 15 feet
(3) Minimum side setback 0 feet
(4) Minimum rear setback 10 feet
The minimum setback for accessory structures on a lot shall be five (5) feet from the rear property line and five (5) feet from each side property line. No accessory structures are permitted within the front setback.
In districts with a combined Zoning classification that includes Commercial, the setback requirements of the other Zoning District take precedence over what is stated above.
(e) Encroachments into Setbacks. Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters or other similar features may extend into a setback a distance not exceeding three (3) feet, except that such features shall not extend closer than three (3) feet from the property line.
(2) Uncovered stairs, landings and porches shall not extend closer than three (3) feet from the property line.
(3) Open and covered, but un-enclosed front porches attached to single family dwellings may extend into the required front setback a distance equal to fifty (50) percent of the setback depth. Such porches may not subsequently be enclosed unless the normal setback requirements for the district are met.
No permitted encroachment noted above shall extend to within three (3) feet of an accessory structure.
Fences, walls, terraces, steps or other similar features may encroach into a required setback. Such appurtenances shall not be located within access, drainage, or utility easements.
HVAC mechanical units may be located no closer than five (5) feet to a side lot line.
Parking shall be permitted in the front setback only on approved driveways constructed to the appropriate engineering standards and Building Codes approved by the City Building Inspector or Mayor and arranged so that no part of any vehicle parked on the driveway encroaches into the right-of-way of any street.
(f) Building Height.
(1) The maximum height of a principal structure shall not exceed sixty (60) feet.
(2) The maximum height of an accessory structure shall not exceed eighteen (18) feet.
(3) On a lot where terraces exist, the height of the building located thereon may be increased above the height limitations of the district a distance equal to the height of the terrace above the curb, provided that the depth of the front yard is not less than the height of the terrace above the curb.
(4) Chimneys, cooling towers, elevator bulkheads, fire towers, stacks, tanks, water towers, transmission towers or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
(g) Performance Standards. All residential construction shall substantially conform in street orientation to adjacent interior lot homes.
On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of-way line. The required side yard setback on the side facing a street shall be one and one-half (1.5) times the normal side setback requirement.
Civic buildings such as private schools and churches should be built so that they terminate street vistas whenever possible, and shall be of sufficient design to create visual anchors for the community.
(h) Materials.
(1) Residential buildings should be clad in wood siding, vinyl siding, composite siding (cement board), stone, or brick.
(2) Civic building walls shall be clad in stone, wood, brick, marble, or cast concrete.
(3) Garden walls should not be made from cinderblocks unless of the ornamental variety designed for use in landscaping projects.
(4) Civic building roofs shall be clad in slate, sheet metal, corrugated metal, and/or diamond tab asphalt shingles.
(5) Principal building roofs should have a pitch that substantially conforms to the roof pitches of adjacent homes.
(j) Supplemental Regulations.
(1) No basement shall be occupied until the residential structure has been completed.
(2) Accessory buildings are permitted in all districts, but not prior to the erection of the principal building.
(3) No accessory building, other than a garage, shall be located closer to a side lot line than three feet nor exceed eighteen feet in height and shall be set back from the front line of the lot at least seventy-five feet in R1 districts, and forty feet in other districts; garages must be located at least fifteen feet from front lot line.
(4) Accessory uses such as walks, driveways, curbs, retaining walls, mailboxes, lamp posts, birdbaths and structures of like nature are permitted in any required front, side or rear yard. Fences, hedges or enclosure walls may be permitted provided:
A. That a solid fence or enclosure wall shall not exceed a height of six feet.
B. That an ornamental fence exceeding six feet in height shall have a ratio of solid portion to open portion not in excess of one to four.
C. That any fence, hedge or enclosure wall on a corner lot and situated within fifteen feet of the intersection of two street lines shall not exceed a height three feet above the curb.
(k) No part of any accessory building shall be used for residential purposes, except that quarters for bona fide servants employed by the occupants of the dwelling on the same lot and one guesthouse without cooking facilities on lots containing not less than 10,000 square feet are permitted. (Ord. 495. Passed 12-7-20.)
1305.05 INDUSTRIAL DISTRICT.
(a) Purpose. The purpose of the Industrial District (I) is to:
The purpose of the Industrial District (I-1) is to allow for the development of research and industrial parks, wholesale business, manufacturing and the like while ensuring the health and safety of Westover residents. Industrial districts are intended to be located on major thoroughfares where truck traffic does not disrupt local streets.
(b) Permitted Principal, and Conditional Uses.
See the Permitted Land Use Table (Table 1).
(d) Lot Provisions.
(1) The minimum lot size shall be 10,000 square feet.
(2) The minimum lot width shall be 40 feet.
(3) Maximum lot coverage 80 percent.
(e) Setbacks.
The following setbacks shall be required for all principal structures.
(1) Minimum front setback 25 feet
(2) Minimum side setback 25 feet if abutting a non-industrial use, otherwise, 0 feet
(3) Minimum rear setback 25 feet if abutting a non-industrial use, otherwise, 0 feet.
The minimum setback for accessory structures on a lot shall be ten (10) feet from the rear property line and ten (10) feet from each side property line. No accessory structures are permitted within the front setback.
(f) Encroachment into Setbacks. Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters or other similar features may extend into a setback a distance not exceeding three (3) feet, except that such features shall not extend closer than three (3) feet from the property line.
(2) Uncovered stairs, landings and porches shall not extend closer than three (3) feet from the property line.
(3) Open and covered, but un-enclosed front porches attached to single family dwellings may extend into the required front setback a distance equal to fifty (50) percent of the setback depth. Such porches may not subsequently be enclosed unless the normal setback requirements for the district are met. No permitted encroachment noted above shall extend to within three (3) feet of an accessory structure.
(4) Fences, walls, terraces, steps or other similar features may encroach into a required setback. Such appurtenances shall not be located within access, drainage, or utility easements.
(5) HVAC mechanical units may be located no closer than five (5) feet to a side lot line.
(6) Parking shall be permitted in the front setback only on approved driveways constructed to the appropriate engineering standards and Building Codes approved by the City Building Inspector or Mayor and arranged so that no part of any vehicle parked on the driveway encroaches into the right-of-way of any street.
(g) Building Height.
(1) The maximum height of a principal structure shall not exceed fifty-five (55) feet.
(2) The maximum height of an accessory structure shall not exceed thirty-five (35) feet.
(3) On a lot where terraces exist, the height of the building located thereon may be increased above the height limitations of the district a distance equal to the height of the terrace above the curb, provided that the depth of the front yard is not less than the height of the terrace above the curb.
(4) Chimneys, cooling towers, elevator bulkheads, fire towers, stacks, tanks, water towers, transmission towers or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
(h) Performance Standards: Light Industry. A light industry use is one which ordinarily uses only light machinery; is conducted entirely within enclosed substantially-constructed buildings; does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose and conforms to the following performance standards:
(1) Smoke. No smoke is emitted of a density greater than No. 1 according to the Ringlemann's Scale, except that smoke of a density not in excess of No. 2 of Ringlemann's Scale shall be permitted for a period not in excess of six minutes in any hour.
(2) Fly ash. No particles from any flue or smokestack shall be permitted to escape beyond the confines of the building in which it is produced.
(3) Dust. No dust of any kind produced by the industrial operations shall be permitted to escape beyond the confines of the building in which it is produced.
(4) Odor. No noxious or obnoxious odor of any kind shall be permitted to extend beyond the lot line.
(5) Gases and fumes. No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.
(6) Glare. No glare shall be seen from any street or any residential area .
(7) Vibration. No intense earth-shaking vibration shall be created or maintained by any industry beyond the property on which it is located.
(8) Noise and sound. A maximum of 70 decibels at the property line is permitted. Noise is required to be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness. Sound may equal but may not exceed street traffic noise in the vicinity during a normal day shift work period.
(9) Exhaust control. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels. used in connection with any operation shall not be discharged into the open air unless it is equipped with an exhaust muffler, mufflers, or an exhaust box constructed of noncombustible materials designed and installed to sufficiently suppress disruptive noise and vibrations and prevent the escape of noxious or obnoxious gases or fumes. All such equipment shall be maintained in good operating condition according to manufacturer’s specifications.
(i) Performance Standards. Heavy industry or heavy manufacturing use is one which requires both buildings and open area for manufacturing, fabricating, processing, extraction, heaving, repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes and provided the use conforms to the following performance standards:
(1) Smoke. No smoke is emitted of a density greater than No. 2 according to the Ringlemann’s Scale, except that smoke of a greater density shall be permitted for a period not in excess of six (6) minutes in any one (1) hour.
(2) Fly ash. No particles from any flue or smokestack shall exceed 0.3 grains per cubic foot of flue gas at a stack temperature of 500 degrees Fahrenheit.
(3) Dust. No dust of any kind produced on the development site shall be permitted to escape beyond the limits of the property being used. Watering, wetting or other methods or materials must be used to control dust to adjacent properties. Watering, wetting, chemical suppression, or any other dust control measures which result in deposition of the dust control media and/or the captured dust upon the ground surface, or upon surfaces draining to the ground surface, shall be subject to regulation under City Code Article 930 "Stormwater Management and Surface Water Discharge Control" of the City of Westover.
(4) Odor. No noxious or obnoxious odor of any kind shall be permitted to extend beyond the lot lines.
(5) Gases and fumes. No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.
(6) Glare. No glare shall be seen from any street or any residential area.
(7) Vibration. No intense earth-shaking vibration shall be created or maintained by any industry beyond the property on which it is located.
(8) Noise and sound. A maximum of 70 decibels at the property line is permitted. Noise is required to be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness. Sound may equal but not exceed street traffic noise in the vicinity during a normal day shift work period.
(9) Exhaust control. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels, used in connection with any operation shall not be discharged into the open air unless it is equipped with an exhaust muffler, mufflers. or an exhaust box constructed of noncombustible materials designed and installed to sufficiently suppress disruptive noise and vibrations and prevent the escape of noxious or obnoxious gases or fumes. All such equipment shall be maintained in good operating condition according to manufacturer's specifications.
(10) Perimeter landscaping and fencing. For the purpose of screening, buffering, and securing the following improvements shall be installed within thirty (30) days after commencement of development.
A. Landscaping. Where a heavy industry, heavy manufacturing, or extractive industry development site abuts a nonindustrial property (zoned or used) or public or private street. a ten (10)-foot landscaping transitional yard shall be installed the length of said common border as follows:
[1] A ten (10)-foot wide exterior landscaping transition area containing three (3) to four (4) medium to large trees and fifteen (15) to twenty (20) evergreen shrubs per 100 linear feet.
[2] Trees shall have a minimum two (2)-inch caliper and shrubs shall be at least three (3) gallons in size.
B. Fencing. A minimum ten (10)-foot high black vinyl-coated chain link fence must be erected the entire perimeter of a heavy industry, heavy manufacturing, or extractive industry development site between the landscaping transitional yards and the development site. Prominently displayed no trespassing signs are required on all four (4) or more sides of the perimeter fencing.
C. Administrative adjustment. The Public Works Director may approve administrative adjustments to the perimeter landscaping and fencing design if it is found that the adjustments:
[1] Are consistent with the spirit and intent of the landscaping and fencing requirements; and
[2] Will not adversely affect the proposed development. use of adjacent property or neighborhoods, or obstruct sight lines at intersections; and
[3] Are necessary to accommodate an alternative or innovative design that achieves to the same or better degree the objective of the landscaping and fencing standard to be modified.
(11) Signage. For development that involves the use, storage, or generation of highly flammable, toxic, explosive, or hazardous materials, the following signage shall be provided as approved or designated by the State Fire Marshal. Prominently displayed permanent weatherproof retroreflective signs reading "DANGER NO SMOKING OR OPEN FLAME ALLOWED" shall be posted upon completion of the perimeter fencing at the entrance gate(s) or in any other appropriate location. Sign lettering shall be at least four (4) inches in height and shall be red on a white background or white on a red background.
A. Prominently displayed permanent weatherproof labels must be located on each tank containing highly flammable, toxic, explosive, or hazardous materials indicating the exact chemicals that are contained in the tank. Sign lettering shall be at least six (6) inches in height, contrasting with the background color.
(12) Waste disposal. All waste and hazardous materials used, stored, or generated by the development may only be discharged into above-ground and/or axle-mounted tanks. Waste materials shall be removed from the site and transported to an approved and permitted off-site disposal facility no less frequently than every thirty (30) days. Wastewater stored in on-site above-ground and/or axle-mounted tanks shall be removed as necessary, except:
A. Domestic sanitary sewage shall be discharged to a public sanitary Sewer, as required under City Code Article 925 "Sewers" of the City of Westover. Such discharge shall conform to the rules and regulations of the Morgantown Utility Board; and
B. Certain limited process/industrial waste may be discharged to the public sanitary sewer, but only as allowed and regulated under City Code Article 925 "Sewers" of the City of Westover. Any such allowed industrial discharge shall conform to the rules and regulations of the Morgantown Utility Board.
C. Any liquid, or semi-liquid, waste not characterized as domestic sanitary sewage or as allowed industrial discharge, as described in subsections (i)(12)A. and/or B. shall be disposed of as herein provided above.
(13) Storage of equipment. On-site storage of equipment is prohibited on the development site except when servicing on-going operations. No vehicle or item of machinery shall be parked or stored on any public street, right-of-way or in any development site driveway entrance which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for the operations of the development site.
(j) Provisions and Exceptions to Light Industrial and Industrial Uses.
(1) Parking space requirements may be waived by the Board of Zoning Appeals where fifty percent (50%) or more of the area in a block was occupied by business or industrial structures at the time of passage of this article.
(2) One-half of an alley abutting the rear of a lot may be included in the rear yard, but such alley space shall not be included for loading and unloading berths.
(3) Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, tanks, water towers. transmission towers, derricks or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
(1) Provisions and Exceptions to Industrial Uses. Chimneys, cooling towers, elevator bulkheads, fire towers, tanks, water towers, transmission towers, or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
(m) Accessory Structures Rules.
(1) Accessory buildings are permitted, but not prior to the erection of the principal building.
(2) No accessory building, other than a garage, shall be located closer to a side lot line than five (5) feet nor exceed thirty-five (35) feet in height and shall be set back from the front line forty (40) feet; garages must be located at least fifteen (15) feet from front lot line.
(3) Accessory uses such as walks, driveways, curbs, retaining walls, mailboxes, lamp posts, birdbaths and structures of like nature are permitted in any required front, side or rear yard. Fences, hedges or enclosure walls may be permitted provided:
A. That a solid fence or enclosure wall shall not exceed a height of ten (10) feet.
B. That an ornamental fence exceeding six (6) feet in height shall have a ratio of solid portion to open portion not in excess of one (1) to four (4).
C. That any fence, hedge or enclosure wall on a corner lot and situated within fifteen (15) feet of the intersection of two (2) street lines shall not exceed a height three (3) feet above the curb.
(n) Supplementary Regulations.
(1) There shall be one principal entrance to the industrial site from any major thoroughfare bordering the tract, which shall be designed so that traffic at its intersection with the major thoroughfare may be controlled and so that there will be adequate storage space for traffic destined to enter the thoroughfare or to leave the industrial site.
(2) There shall be direct entrances or exits from parking areas or structures onto the adjoining major thoroughfare, but a service drive parallel to the main traffic-way may be provided for such access. Traffic on the service drive shall enter the main traffic-way via the principal entry.
(3) The owner or owners shall provide a plan for the installation of adequate facilities for the disposal of human and industrial wastes meeting the approval of the State Department of Health.
(4) The owner or owners of the site shall establish in the restrictions, which are a part of the plot for the subdivision, a perpetuating organization for the maintenance of the industrial site, such as roads and planting areas, the approval of building plans and other improvements, and the future maintenance of the site.
(5) Sidewalks shall be constructed in accordance with the requirements of Article 905 of this Code at each lot upon which a use is to be constructed.
(Ord. 563. Passed 8-19-24.)
1305.06 COMMERCIAL DISTRICT TWO (C-2).
(a) Purpose. The purpose of the Commercial District Two (C-2) is to:
(1) Create and maintain major commercial areas accommodating a broad range of office, retail, and other commercial activities of communitywide significance and allow for mixed use development in the zone, and
(2) Provide for commercial uses that generate high automobile traffic volumes in areas where existing roads can accommodate such traffic, and
(3) Regulate such commercial uses so as to minimize their impact on surrounding residential neighborhoods and enable a common space for commercial and residential uses to coexist.
(b) Permitted Principal, and Conditional Uses. See the Permitted Land Use Table (Table 1).
(c) Lot Provisions. Commercial Structures.
(1) The minimum lot size shall be 4,000 square feet.
(2) The minimum lot frontage shall be 30 feet.
(3) Maximum lot coverage 85 percent.
(d) Setbacks. The following setbacks shall be required for all principal structures.
(1) Minimum front setback 10 feet.
(2) Minimum side setback 10 feet.
(3) Minimum rear setback 10 feet
The minimum setback for accessory structures on a lot shall be five (5) feet from rear property line and five (5) feet from each side property line. No accessory structures are permitted within the front setback.
(e) Encroachments into Setbacks. Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters or other similar features may extend into a setback a distance not exceeding three (3) feet, except that such features shall not extend closer than three (3) feet from the property line.
(2) Uncovered stairs, landings and porches shall not extend closer than three (3) feet from the property line.
(3) Open and covered, but un-enclosed front porches attached to single family dwellings may extend into the required front setback a distance equal to fifty (50) percent of the setback depth. Such porches may not subsequently be enclosed unless the normal setback requirements for the district are met.
No permitted encroachment noted above shall extend to within three (3) feet of an accessory structure.
Fences, walls, terraces, steps or other similar features may encroach into a required setback. Such appurtenances shall not be located within access, drainage, or utility easements.
HVAC mechanical units may be located no closer than five (5) feet to a side lot line.
Parking shall be permitted in the front setback only on approved driveways constructed to the appropriate engineering standards and Building Codes approved by the City Building Inspector or Mayor and arranged so that no part of any vehicle parked on the driveway encroaches into the right-of-way of any street.
(f) Building Height.
(1) The maximum height of a principal structure shall not exceed one hundred (100) feet.
(2) The maximum height of an accessory structure shall not exceed eighteen (18) feet.
(3) On a lot where terraces exist, the height of the building located thereon may be increased above the height limitations of the district a distance equal to the height of the terrace above the curb, provided that the depth of the front yard is not less than the height of the terrace above the curb.
(4) Chimneys, cooling towers, elevator bulkheads, fire towers, stacks, tanks, water towers, transmission towers or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
(g) Performance Standards. All residential construction shall substantially conform in street orientation to adjacent interior lot homes.
On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of-way line. The required side yard setback on the side facing a street shall be one and one-half (1.5) times the normal side setback requirement.
Civic buildings such as private schools and churches should be built so that they terminate street vistas whenever possible, and shall be of sufficient design to create visual anchors for the community.
(h) Materials.
(1) Residential buildings should be clad in wood siding, vinyl siding, composite siding (cement board), stone or brick.
(2) Civic building walls shall be clad in stone, wood, brick, marble, or cast concrete.
(3) Garden walls should not be made from cinderblocks unless of the ornamental variety design for use in landscaping projects.
(4) Civic building roofs shall be clad in slate, sheet metal, corrugated metal, and/or diamond tab asphalt shingles.
(5) Principal building roofs should have a pitch that substantially conforms to the roof pitches of adjacent homes.
(j) Supplemental Regulations.
(1) No basement shall be occupied until the residential structure has been completed.
(2) Accessory buildings are permitted in all districts, but not prior to the erection of the principal building.
(3) No accessory building, other than a garage, shall be located closer to a side lot line than three feet nor exceed eighteen feet in height and shall be set back from the front line of the lot at least seventy-five feet in R1 Districts, and forty feet in other districts; garages must be located at least fifteen feet from front lot line.
(4) Accessory uses such as walks, driveways, curbs, retaining walls, mailboxes, lamp posts, birdbaths and structures of like nature are permitted in any required front, side or rear yard. Fences, hedges or enclosure walls may be permitted provided:
A. That a solid fence or enclosure wall shall not exceed a height of six feet.
B. That an ornamental fence exceeding six feet in height shall have a ratio of solid portion to open portion not in excess of one to four.
C. That any fence, hedge or enclosure wall on a corner lot and situated within fifteen feet of the intersection of two street lines shall not exceed a height three feet above the curb.
(k) No part of any accessory building shall be used for residential purposes, except that quarters for bona fide servants employed by the occupants of the dwelling on the same lot and one guesthouse without cooking facilities on lots containing not less than 10,000 square feet are permitted. (Ord. 385. Passed 4-1-13.)
1305.07 COMMERCIAL DISTRICT THREE (C-3).
(a) Purpose. The purpose of the Commercial District Three (C-3) is to:
(1) Promote high-density, high-traffic, modern, and first-class commercial areas accommodating a broad range of retail, office, mixed use and other commercial activities that will generate significant economic benefit to the City;
(2) Provide for flexible and innovative commercial development to attract and retain retailers, professionals, and residents; and
(3) Regulate such commercial uses so as to minimize their impact on surrounding residential neighborhoods and enable a vibrant common space for commercial and residential uses to coexist.
(c) Permitted Uses. Notwithstanding Table 1 of Section 1303.05, the following land uses are permitted as of right in the C-3 District:
(1) Administrative Office
(2) Animal Grooming Service
(3) Apparel Shop
(4) Appliance Repair Establishment
(5) Appliance Sales Establishment
(6) Automotive Repair Shop
(7) Automotive Sales
(8) Automotive Rentals/Leasing
(9) Automotive Supply
(10) Automotive Tire Repair/Sales
(11) Bakery, Retail
(12) Bar or Nightclub
(13) Books or Stationary Establishment
(14) Brew Pub
(15) Building Materials Supplier
(16) Car Wash/Detailing
(17) Clinic, Medical or Dental
(18) Conference Center
(19) Convenience Store, Neighborhood
(20) Department Store
(21) Drug Store
(22) Dry Cleaning Laundry Service
(23) Dwelling, Condominium
(24) Dwelling, Mixed Use
(25) Dwelling, Multi-Family
(26) Dwelling, Over-store
(27) Electrical Repair Shop
(28) Equipment or Furniture Rental
Establishment
(29) Extractive Industry, provided the
surface of properties in the C-3
District are not utilized for such use
(30) Farm Equipment or Supplies Sales
Establishment
(31) Farmers’ Market
(32) Financial Services Establishment
(33) Florist Shop
(34) Furniture Sales Establishment
(all types)
(35) Garden center
(36) Gas Station Mini-Mart
(37) Gasoline Service Station
(38) Government Facility
(39) Grocery Store
(40) Hardware Store
(41) Health/Sports Club
(42) Home Improvement Center
(43) Hospital or Sanitarium
(44) Hotel
(45) Hotel, Full Service
(46) Hypermarket
(47) Industrial Supplies
Establishment
(48) Liquor/Beer/Wine Sales
(no consumption)
(49) Motorcycle Sales Equipment
(50) Movie Theater (except adult)
(51) Office Building
(52) Office Equipment Supplies
Establishment
(53) Office, Medical
(54) Office Park
(55) Office Supplies Establishment
(56) Oil Change Facility
(57) Outdoor Storage
(58) Personal Services Establishment
(59) Pet Shop
(60) Professional Services Establishment
(61) Research and Development Center
(62) Restaurant
(63) Restaurant with Drive-in
(64) Restaurant, Family
(65) Restaurant, Fast Food
(66) Restaurant, Private Club
(67) Restaurant, Private Wine
(68) Retail Sales Establishment
(69) Shopping Center
(70) Sporting Good/Firearms Sales
Establishment
(71) Tanning Studio
(72) Tavern
(73) Telecommunications, Class I
(74) Telecommunication, Class II
(75) Theater
(76) Travel Agency or Bureau
(77) Upholstery/Interior Decorating
Service
(78) Veterinary Clinic
(79) Wellness Center
(80) Wholesale Establishment
(d) Conditional Uses. Notwithstanding Table 1 of Section 1303.05, the following land uses are conditional in the C-3 District:
(1) Amphitheater.
(2) Bakery, Wholesale.
(3) Bowling Alley.
(4) Christmas Tree Sales Establishment.
(5) Heliport or Helipad.
(6) Industry, Light.
(7) Laboratories.
(8) Mineral Extraction.
(c) Lot Provisions.
(1) The minimum lot size shall be 4,000 square feet.
(2) The minimum lot frontage shall be 30 feet.
(3) Maximum lot coverage shall be 95 percent.
(f) Setbacks. The following setback shall be required for all principal structures.
(1) Minimum front setback 10 feet
(2) Minimum side setback 10 feet
(3) Minimum rear setback 10 feet
(4) For condominiums, town homes, or commercial buildings that contemplate one (1) complete architectural unit across different parcels of land, side and rear setbacks are inapplicable.
The minimum setback for accessory structures on a lot shall be five (5) feet from rear property line and five (5) feet from each side property line. No accessory structures are permitted within the front setback.
(g) Encroachments into Setbacks. Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters or other similar features may extend into a setback a distance not exceeding three (3) feet, except that such features shall not extend closer than three (3) feet from the property line.
(2) Uncovered stairs, landings and porches shall not extend closer than three (3) feet from the property line.
(3) HVAC mechanical units may be located no closer than five (5) feet to a side lot line.
(4) Parking shall be permitted in the front setback only on approved driveways constructed to the appropriate engineering standards and Building Codes approved by the City Building Inspector or Mayor and arranged so that not part of any vehicle parked on the driveway encroaches into the right-of-way of any street.
(h) Building Height. The maximum height of a building may not exceed one hundred twenty-five (125) feet.
(i) Performance Standards. On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of-way line. The required side yard setback on the side facing a street shall be one and one-half (1.5) times the normal side setback requirement.
(j) Materials. Notwithstanding any provision of this Ordinance to the contrary, buildings and accessory structures in the C-3 District are not required to be constructed of specific material so long as buildings and accessory structures are constructed using a commercially reasonable material that is aesthetically in conformance with the stated purpose of the C-3 District.
(k) Parking. See Article 1308; provided however, that in the C-3 District only, the number of parking spaces required for a Home Improvement Center shall be 1.5 spaces per 1,000 sq. ft. of gross floor area.
(l) Supplemental Regulations.
(1) No basement shall be occupied until the residential structure has been completed.
(2) Accessory buildings are permitted in all districts, but not prior to the erection of the principal building.
(3) No accessory building, other than a garage, shall be located closer to a side lot line than three feet nor exceed forty feet in height and shall be set back from the front forty feet; garages must be located at least fifteen feet from the front lot line.
(4) Accessory uses such as walks, driveways, curbs, retaining walls, mailboxes, lamp posts, birdbaths, and structures of like nature are permitted in any required front, side, or rear yard. Notwithstanding Section 1301.09, fences, hedges or enclosure walls may be permitted provided:
A. That a solid fence or enclosure wall (excluding retaining walls) shall not exceed a height of fifteen feet.
B. That an ornamental fence exceeding fifteen feet in height shall have a ratio of solid portion to open portion not an excess of one to four.
C. That any fence, hedge or enclosure wall on a corner lot and situated within fifteen feet of the intersection of two street lines shall not exceed a height three feet above the curb.
(m) Accessory Buildings. No part of any accessory building shall be used for residential purposes, except that quarters for bona fide servants employed by the occupants of the dwelling on the same lot and one guesthouse without cooking facilities on lots containing not less than 10,000 square feet are permitted.
(n) Subdivision and Land Development Ordinance Inapplicable. For a period of ten (10) years from the date of enactment of this Section 1305.07, the provisions of any ordinance adopted pursuant to West Virginia Code Chapter 8A, Article 4, or similar provisions of West Virginia Code (Subdivision and Land Development Ordinances), shall be inapplicable to real property located in the C-3 District.
(Ord. 458. Passed 3-4-19.)
1305.08 INDUSTRIAL DISTRICT TWO (I-2).
(a) Purpose. The purpose of the Industrial District Two (I-2) is to:
(1) Promote industrial, commercial, and scientific development and uses that will generate significant economic benefit to the City;
(2) Provide for flexible and innovative development to encourage job creation; and
(3) Regulate such industrial, commercial, and scientific uses so as to minimize their impact on surrounding neighborhoods.
(c) Permitted Uses. Notwithstanding Table 1 of Section 1303.05, the following land uses are permitted as of right in the I-2 District:
(1) Administrative Office
(2) Animal Grooming Service
(3) Appliance Repair Establishment
(4) Appliance Sales Establishment
(5) Automotive/Marine Craft Repair
Shop
(6) Automotive/Marine Craft Sales
(7) Automotive Paint Shop
(8) Automotive Rentals/Leasing
(9) Automotive Supply
(10) Automotive Tire Repair/Sales
(11) Bakery, Wholesale
(12) Brew Pub
(13) Broadcasting Station
(14) Building Materials Supplier
(15) Car Wash/Detailing
(16) Catering Service Establishment
(17) Communication Equipment Building
(18) Contractors’ Establishment
(19) Department Store
(20) Distribution Center
(21) Drug Store
(22) Dry Cleaning and Laundry Service
(23) Electrical Repair Shop
(24) Exterminating, Fumigating Service
Establishment.
(25) Equipment or Furniture Rental
Establishment.
(26) Farm Equipment or Supplies Sales
Establishment
(27) Farm Products-Raw Materials
Sales
(28) Furniture Sales Establishment
(all types)
(29) Garden Center
(30) Gas Station Mini-Mart
(31) Gasoline Service Station
(32) Government Facility
(33) Greenhouse, Commercial
(34) Grocery Store
(35) Hardware Store
(36) Health/Sports Club
(37) Heavy Machinery Sales
(38) Home Improvement Center
(39) Hypermarket
(40) Industrial Supplies Establishment
(41) Industrial Park
(42) Industry, Light
(43) Janitorial Service Establishment
(44) Laboratories
(45) Limousine Service Establishment
(46) Motorcycle Sales Equipment
(47) Nursery, Plant
(48) Office Building
(49) Office Equipment Supplies
Establishment
(50) Office Park
(51) Office Supplies Establishment
(52) Oil Change Facility
(53) Pet Shop
(54) Professional Services Establishment
(55) Research and Development Center
(56) Retail Sales Establishment
(57) Shopping Center
(58) Sign Fabricating or Painting
Establishment
(59) Sporting Good/Firearms Sales
Establishment
(60) Tavern
(61) Telecommunications, Class I
(62) Telecommunications, Class II
(63) Telecommunications, Class III
(64) Terminal, Truck or Motor Freight
(65) Upholstery/Interior Decorating
Service
(66) Warehouse
(67) Warehousing and Distribution
(68) Wellness Center
(69) Wholesale Establishment
(e) Conditional Uses. Notwithstanding Table 1 of Section 1303.05, the following land uses are conditional in the I-2 District:
(1) Christmas Tree Sales Establishment.
(2) Heliport or Helipad.
(3) Industry, Heavy.
(4) Manufacturing, Heavy.
(5) Mineral Extraction.
(6) Apiaries.
(f) Lot Provisions.
(1) The minimum lot size shall be 4,000 square feet.
(2) The minimum lot frontage shall be 30 feet.
(3) Maximum lot coverage shall be 95 percent.
(g) Setbacks. The following setback shall be required for all principal structures.
(1) Minimum front setback 10 feet.
(2) Minimum side setback 10 feet.
(3) Minimum rear setback 10 feet.
The minimum setback for accessory structures on a lot shall be five (5) feet from rear property line and five (5) feet from each side property line. No accessory structures are permitted within the front setback.
(h) Encroachments into Setbacks. Architectural features may project into a required setback as provided below:
(1) Fire escapes, chimneys, cornices, awnings, canopies, eaves, sills, pilasters, lintels, gutters or other similar features may extend into a setback a distance not exceeding three (3) feet, except that such features shall not extend closer than three (3) feet from the property line.
(2) Uncovered stairs, landings and porches shall not extend closer than three (3) feet from the property line.
(3) HVAC mechanical units may be located no closer than five (5) feet to a side lot line.
(4) Parking shall be permitted in the front setback only on approved driveways constructed to the appropriate engineering standards and Building Codes approved by the City Building Inspector or Mayor and arranged so that no part of any vehicle parked on the driveway encroaches into the right-of-way of any street.
(i) Building Height. The maximum height of a building may not exceed one hundred twenty-five (125) feet. Chimneys, cooling towers, elevator bulkheads, fire towers, tanks, water towers transmission towers, or essential mechanical appurtenances may be erected to any height not otherwise prohibited by federal or state law.
(j) Performance Standards. Uses in the I-2 District shall conform to the following standards:
(1) Smoke. No smoke is emitted of a density greater than No. 2 on the Ringlemanns Seals, except that smoke of a greater density shall be permitted for a period not an excess of six minutes in any one hour.
(2) Fly Ash. No particles from any flue or smokestack shall exceed 0.3 grains per cubic foot of flue gas at a stack temperature of 500 degrees Fahrenheit.
(3) Dust. No dust of any kind produced by the use of land shall be permitted to escape beyond the limits of the property used.
(4) Odor. No noxious odor of any kind shall be permitted to extend beyond the lot lines.
(5) Gases and Fumes. No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.
(6) Glare. No glare shall from any residential area.
(7) Vibration. No tense earth shaking vibration shall be created or maintained by any use beyond the property on which it is located.
(8) Noise and Sound. A maximum of 70 decibels at the property line is permitted.
(k) Materials. Notwithstanding any provision of this ordinance to the contrary, buildings and accessory structures in the I-2 District are not required to be constructed of specific material so long as buildings and accessory structures are constructed using a commercially reasonable material that is aesthetically in conformance with the stated purpose of the I-2 District.
(m) Supplemental Regulations.
(1) No basement shall be occupied until the residential structures has been completed.
(2) Accessory buildings are permitted in all districts, but not prior to the erection of the principal building.
(3) No accessory building, other than a garage, shall be located closer to a side lot line than three feet nor exceed forty feet in height and shall be set back from the front forty feet; garages must be located at least fifteen feet from the front lot line.
(4) Accessory uses such as walks, driveways, curbs, retaining walls, mailboxes, lamp posts, birdbaths, and structures of like nature are permitted in any required front, side, or rear yard. Notwithstanding Section 1301.09, fences, hedges or enclosure walls may be permitted provided:
i. That a solid fence or enclosure wall shall not exceed a height of fifteen feet.
ii. Than an ornamental fence exceeding fifteen feet in height shall have a ratio of solid portion to open portion not an excess of one to four.
iii. That any fence, hedge or enclosure wall on a corner lot and situated within fifteen feet of the intersection of two street lines shall not exceed a height three feet above the curb.
(n) Accessory Buildings. No part of any accessory building shall be used for residential purposes, except that quarters for bona fide servants employed by the occupants of the dwelling on the same lot and one guesthouse without cooking facilities on lots containing not less than 10,000 square feet are permitted.
(o) Subdivision and Land Development Ordinances Inapplicable. For a period of ten (10) years from the date of enactment of this Section 1305.08, the provisions of any ordinance adopted pursuant to West Virginia Code Chapter 8A, Article 4, or similar provision of West Virginia Code (Subdivision and Land Development Ordinances), shall be inapplicable to real property located in the I-2 District.
(Ord. 459. Passed 3-4-19; Ord. 511. Passed 12-20-21.)