Wheeling City Zoning Code

ARTICLE 1335

Residential Districts

1335.01 GENERAL PROVISION AND REFERENCES.

PURPOSE AND INTENT.

(a) It is the purpose and intent of these districts to promote the following:

(1) To provide for housing in appropriate locations and to permit limited public and quasi-public uses appropriate in residential neighborhoods.

(2) To protect residential areas from change and intrusion that may cause deterioration.

(3) To meet minimum standards of health and safety by protecting against hazards and nuisances.

(4) To provide for adequate daylight, ventilation, quiet, privacy, and recreational opportunity.

(5) To preserve the desirable character of existing neighborhoods.

(b) REFERENCES. See Article 1331 for general regulations. See Article 1347 for R- 5, Planned Residential Development. See Article 1355 et seq. for supplemental regulations. See Article 1371 for special permit uses. See Article 1373 for uses subject to site development plan approval.

1335.02 LOT, AREA AND BULK REQUIREMENTS.

(a) DISTRICT SCHEDULE OF DIMENSIONAL REQUIREMENTS. The general lot, area, and bulk regulations in each residential zoning district are set forth in the District Schedule of Dimensional Requirements, Schedule 4.A. This schedule is supplemented, as appropriate, by other provisions of this chapter, including but not limited to the supplementary regulations set forth in Article 1355 et seq., and the special permit use requirements set forth in Article 1371.

(b) SPECIAL HEIGHT AND YARD RESTRICTIONS. In the R-3 and R-4 districts, buildings may be erected to a height of nine stories or 100 feet, provided that the yard requirements of each district are met. In addition to these requirements, the rear and side yards shall be increased by one foot for each five feet of building height above 35 feet in the R-3 district and 45 feet in the R-4 district.

1335.03 EXISTING LOTS OF RECORD.

(a) Nothing contained herein shall prohibit the use of an existing lot of record, as defined in Article 1327, which does not comply with the District Schedule of Dimensional Requirements (Schedule 4-A), provided that each of the following criteria are met:

(1) Development of the lot shall satisfy all applicable requirements of the City of Wheeling, the Ohio County Health Department, and the West Virginia Department of Environmental Conservation for potable water supply and sewage disposal facilities.

(3) If created after the effective date of this chapter, the lot is part of a subdivision plat approved by the City of Wheeling in accordance with Chapter One, Subdivision Regulations, and filed in the Office of County Clerk in a timely manner pursuant to City Law.

(3) The lot shall be developed solely for a principal single-family dwelling.

(4) Development may, upon a demonstration by the applicant that greater side and rear yards which either comply or more nearly comply with this chapter cannot be reasonably provided, occur as long as the side and rear yards are no smaller than sixty percent of that required for the district.

(b) All other lot, area, and bulk requirements for the district shall be met.

1335.04 MINIMUM LOT AREA PER PRINCIPAL DWELLING UNIT.

(a) In all districts where residences are permitted, a lot may only be improved for use in accordance with the minimum lot area and related bulk regulations for the district as set forth in the District Schedule of Dimensional Requirements, except as otherwise provided in Section 1335.03.

(b) If two or more principal residential structures or dwelling units are located on the same lot, where the lot was created before the effective date of this chapter, the minimum lot area per dwelling unit requirement and all other requirements of this chapter and other applicable laws, rules, and regulations must be strictly met. Further, a residential lot of required or greater than required area, as set forth in this chapter, shall not be reduced in area by transfer of ownership if such lot so divided will form two or more lots, any of which shall be less than the minimum lot area required for the zoning district in which the lot or lots are situated.

1335.05 R-1A SINGLE-FAMILY, LOW DENSITY.

In the residential district R-1A, land and structures may be used only for the following:

(a) PRINCIPAL PERMITTED USES

Single-family dwelling.

(b) ACCESSORY USES

Accessory buildings and structures customarily associated with the principal use, buildings, or structures.

A private garage or open parking for operative passenger vehicles and for not more than one commercial licensed operative vehicle of person residing on the premises.

A playhouse, tool house, garden house, greenhouse, or private swimming pool not operated for gain.

Customary home occupation. See Article 1367.

(c) SPECIAL PERMIT USES The following are allowed by special permit, subject to the conditions and requirements of Article 1371:

(Ord. 12225. Passed 4-17-01.)

Religious land use. (Ord. 12879. Passed 7-20-04.)

Public park or playground.

Public or private utility.

Public or private elementary, intermediate, middle, junior high, or high school.

Cemeteries.

1335.06 R-1B SINGLE-FAMILY, MEDIUM DENSITY.

In the residential district R-1B, land and structures may be used only for the following:

(a) PRINCIPAL PERMITTED USES

Single-family dwelling

(b) ACCESSORY USES

Any accessory use allowed in R-1A.

One accessory apartment in an owner-occupied single-family dwelling. One additional off-street parking space shall be provided on the lot to serve such dwelling. The accessory apartment shall have its own entrance and shall be a complete housekeeping unit.

See Section 1335.11 for accessory buildings and use regulations.

(c) SPECIAL PERMIT USES The following are allowed by special permit, subject to the conditions and requirements of Article 1371:

Any special permit use allowed in R-1A.

1335.07 R-1C SINGLE-FAMILY, HIGH DENSITY.

In the residential district R-1C, land and structures may be used only for the following:

(a) PRINCIPAL PERMITTED USES

Single family dwelling

(b) ACCESSORY USES

(1) Any accessory use allowed in R-1B.

(2) One accessory apartment in an owner-occupied single-family dwelling. One additional off-street parking space shall be provided on the lot to serve such dwelling. The accessory apartment shall have its own entrance and shall be a complete housekeeping unit.

(3) See Section 1335.11 for accessory buildings and use regulations.

(c) SPECIAL PERMIT USES The following are allowed by special permit, subject to the conditions and requirements of Article 1371:

Any special permit use allowed in R-1B.

Restricted accessory parking.

1335.08 R-2 TWO-FAMILY.

In the residential district R-2, land and structures may be used only for the following:

(a) PRINCIPAL PERMITTED USES

Single-family dwelling.

Two-family dwelling.

Multi-family dwelling, no more than four dwelling units per structure.

(b) ACCESSORY USES

(1) Any accessory use allowed in R-1C.

(3) See Section 1335.11 for accessory buildings and use regulations.

(c) SPECIAL PERMIT USES The following are allowed by special permit, subject to the conditions and requirements of Article 1371:

Any special permit use allowed in R-1C.

(1) Municipal building.

(2) Nursery school or day care center.

(3) Senior housing.

(4) Bed and breakfast.

1335.09 R-3 RESIDENTIAL DISTRICT.

In the residential district R-3 land and structures may be used only for the following:

(a) PRINCIPAL PERMITTED USES

(1) Single-family dwelling.

(2) Two-family dwelling.

(3) Multi-family dwelling.

(b) ACCESSORY USES

(1) Any accessory use allowed in R-2.

(3) See Section 1335.11 for accessory buildings and use regulations.

(c) SPECIAL PERMIT USES The following are allowed by special permit, subject to the conditions and requirements of Article 1371:

Any special permit use allowed in R-2.

1335.10 R-4 RESIDENTIAL DISTRICT.

In the residential district R-4 land and structures may be used only for the following:

(a) PRINCIPAL PERMITTED USES

Any use permitted in R-3.

(b) ACCESSORY USES

Any accessory use allowed in R-3.

The following are allowed by special permit, subject to the conditions and requirements of Article 1371:

Any special permit use allowed in R-3.

1335.11 ACCESSORY BUILDINGS AND USES.

Customary accessory buildings and uses are allowed in all districts, as specifically regulated in that district, provided that:

(a) No more than two accessory structures, including a private garage, shall be permitted per principal structure except as provided in Section 1347.01, R-5 or Planned Residential Developments.

(b) Accessory buildings, if detached from a principal structure, shall not be placed in the front yard, and they shall not, if placed in a side yard, be located closer to the street than the required front yard setback of the principal structure.

(c) Accessory structures, if detached from a principal structure, shall not be located closer than five feet to the rear lot line.

(d) On corner lots, accessory structures shall not be located on the side street side between the side street and the required front yard setback line of structures fronting on the side street.

(e) When an accessory structure is attached to a principal building, it shall comply in all respects with the requirements of this Zoning Ordinance applicable to the principal building(s).

(f) Accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory.

(g) Any building connected to another building by an open breezeway shall be deemed to be a separate building.

(h) The total square footage of all accessory buildings shall not exceed 50 percent of the first or ground floor area of the principal building.

(i) The square footage of the first (ground) floor of the accessory building or buildings shall be included in the computation of lot coverage.

(j) Accessory buildings shall not exceed fifteen feet in height.

(Ord. 12225. Passed 4-17-01.)

(k) No accessory building shall be constructed with a cellar or below-grade story, and no heating shall be installed in any part of such accessory building nor shall an accessory structure be used for the purpose of heating the principal building.

(Ord. 14151. Passed 6-21-11.)

(l) No part of any such building shall be designed or used for sleeping purposes, and no cooking facilities shall be placed or permitted therein.

(m) Any accessory building designed as a poolhouse shall be located no farther than ten feet from the swimming pool to which it shall be accessory.

(n) A private garage may be constructed as part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the applicable front, side, and rear yard requirements of this chapter.

(o) ACCESSORY STRUCTURES WITHOUT FOUNDATION. A single accessory structure may be installed and utilized on any premises without the issuance of a building permit or zoning compliance certificate, provided that each of the following criteria is satisfied:

(1) The structure does not have a permanent foundation.

(2) The structure does not exceed one hundred square feet in floor area.

(3) The structure is not served by any utility such as electricity, gas or plumbing.

(4) The structure does not exceed ten feet in height.

(5) The structure is not used for human habitation.

(6) All other requirements of this chapter related to accessory structures are fully met.

(p) ACCESSORY APARTMENTS IN SINGLE FAMILY DWELLINGS. No accessory building shall be used as a residence. One accessory apartment is permitted per one-family dwelling provided that:

(1) Such apartment is part of the principal dwelling.

(2) The principal dwelling shall be owner-occupied.

(3) No exterior alteration, other than the entranceways and other alterations required by the building code are made to the principal dwelling.

(4) No exterior entrance or other alterations shall be made to the front of the original dwelling.

(5) Public water and sewer is provided to all residences on the lot.

(6) The total floor area of the accessory apartment does not exceed 500 square feet or 25 percent of the total floor area of the principal dwelling, whichever is less.

(7) No home occupation is conducted in the accessory apartment.

(8) One additional off-street parking space is provided.

(9) A zoning permit shall be required for each accessory apartment.

1335.12 ADDITIONAL RESIDENTIAL REGULATIONS.

(a) HOME OCCUPATIONS. See Article 1367. (Ord. 12427. Passed 3-5-02.)

(b) PARKING IN FRONT YARDS. No automobile, passenger truck or other vehicle, house trailer, truck cab, campers, mobile home, boat or boat trailer or any similar equipment shall be parked in any front yard. (Ord. 14386. Passed 11-7-12.)

(c) GARAGE SALES. Residential garage sales are permitted without a home occupation permit, provided that they meet the following standards:

(1) Sales last no longer than three consecutive days.

(2) Sales are held no more than twice yearly.

(3) Sales are conducted on the resident's property. Multiple family sales are permitted if they are held on the property of one of the participants.

(4) No goods purchased for resale may be offered for sale.

(5) No consignment goods may be offered for sale.

(6) Directional signs may not be placed on the street right-of-way.

(7) All directional and advertising signs shall be freestanding and removed within two hours after completion of sale.

(8) No directional or advertising signs may be larger than one feet by two feet.

(d) BULK TRASH CONTAINERS OR DUMPSTERS. In R-1A, R-1B, and R-1C districts and for all one-family and two-family dwellings, domestic garbage, trash, and refuse when stored outside a building shall be placed in securely fastened containers. Such containers shall be placed in the side or rear yard. Open dumpsters are allowed on public streets for temporary demolition and construction purposed. For multi-family dwellings, bulk trash containers, dumpsters, and refuse collection areas shall be screened from view on all sides, except one side for access, by living plant materials and/or view-restricting fencing. The height of the screening material shall equal or exceed that of the container or refuse.

(e) SWIMMING POOLS. A swimming pool shall be deemed an accessory structure and subject to the provisions of this chapter relating to accessory structures. Such a swimming pool may be installed and maintained on a lot in any residential district as an accessory use for purposes customarily incidental to the principal use conducted on the lot provided that:

(1) Such pool is installed in the rear or side yard of the premises, if the pool is an outdoor pool.

(2) Such pool shall not be installed nearer than the required setback of the zoning district in which it is located.

(3) The area of the pool shall be included in computing the building area and lot coverage for the lot.

(4) All swimming pools shall be for the exclusive use of the resident and his/her non-paying guests.

(f) CONSTRUCTION TRAILERS. Trailers may be permitted for temporary field offices in connection with construction projects. All such trailers shall be removed upon completion of the construction project. No such trailer shall be used for residential purposes.

(Ord. 12427. Passed 3-5-02.)

(g) GROUP HOMES. Under West Virginia state law, group homes are an allowed use in all residential districts. Such group homes shall conform to the area and bulk requirements of the district in which it is proposed.

(Ord. 14898. Passed 12-6-16.)

SCHEDULE OF DIMENSIONAL REQUIREMENTS

City of Wheeling - Residential Districts
District Schedule of Dimensional Requirements - Schedule 4-A
District	Min. Lot Area per Dwelling Unit	Maximum Lot Coverage	Minimum Yards				Maximum Height		Minimum Off-Street Parking Spaces
District	Min. Lot Area per Dwelling Unit	Maximum Lot Coverage	Front	2 Sides	1 Side	Rear	Maximum Height		Minimum Off-Street Parking Spaces
R-1A
Single Family	7,000 sf	30%	20 feet	15 feet	5 feet	30 feet	2.5 stories	35 feet	2 per d.u.

R-1B
Single Family	6,000 sf	40%	20 feet	15 feet	5 feet	30 feet	2.5 stories	35 feet	2 per d.u.

R-1C
Single Family	2,500 sf	50%	10 feet	8 feet	3 feet	15 feet	2.5 stories	35 feet	2 per d.u.

R-2
Single Family	4,000 sf	40%	15 feet	10 feet	3 feet	15 feet	2.5 stories	35 feet	2 per d.u.
Two Family	2,500 sf	40%	15 feet	10 feet	3 feet	15 feet	2.5 stories	35 feet	2 per d.u.
Multi-Family	1,500 sf	40%	15 feet	10 feet	3 feet	15 feet	2.5 stories	35 feet	1.5 per d.u.

R-3
Single Family	2,500 sf	50%	10 feet	8 feet	3 feet	15 feet	2.5 stories	35 feet	2 per d.u.
Two Family	2,000 sf	50%	10 feet	8 feet	3 feet	15 feet	2.5 stories	35 feet	2 per d.u.
Multi-Family	1,500 sf	50%	10 feet	8 feet	3 feet	15 feet	2.5 stories	35 feet	1.5 per d.u.

R-4
Single Family	2,000 sf	60%	0 feet	0 feet	0 feet	15 feet	3 stories	45 feet	2 per d.u.
Two Family	1,500 sf	60%	0 feet	0 feet	0 feet	15 feet	3 stories	45 feet	2 per d.u.
Multi-Family	1,000 sf	60%	0 feet	0 feet	0 feet	15 feet	3 stories	45 feet	1.5 per d.u.

R-5
See Article7

1) In residential zones the minimum lot frontage requirements will be: R-1A=40', R-1B=30', R-1C=25', R-2=30', R-3=25', and R-4=15'.

* Note: Accessory structures are limited as per Section 1335.11. Maximum lot coverage shall include principal and accessory uses, as per Section 1335.11.
(Ord. 12427. Passed 3-5-02.)