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JEFFERSON COUNTY ZONING & DEVELOPMENT
REVIEW ORDINANCE
Includes changes
through 1/10/02 (which revised the rules for Summit Point Raceway). Click here to
return to: www.listeners.homestead.com which has the
separate ordinances on Subdivisions, Flood Plains, Building Permits, Salvage Yards, and Zoning map
Readers may be interested in the following Zoning Ordinance HIGHLIGHTS:
Section 1.2
exempts TOWNS, which pass their own rules
Section 4.3 allows EXISTING BUSINESSES to expand, even if they’re in the wrong
zone
Section 4.5 exempts FARMING from most zoning rules
Section 5.4 to 5.10 list what can be done in each DISTRICT
Section 6.2 to 6.5 show how land is rated (DRS/LESA)
Section 7.8 describes appeals & VARIANCES
Symbols in the margins show when each
paragraph was amended, as explained at the end of the table of contents. The
latest changes are underlined.
Most of Jefferson County is in the
"Rural District" (section 5.7) where this zoning ordinance limits new
subdivisions to 1 lot for every 10 acres in a farm. There is a
1-sentence exception that permits up to 12 lots per acre on land that is 0-60% as good as the
ideal farmland: "Development Review System does allow for higher
density." That scoring system is explained in sections 6.2 to 6.5. The
resulting number of lots is explained in the Subdivision ordinance
and in Section 5.4 below.
That scoring system, LESA (Land
Evaluation & Site Assessment), was developed by USDA in the 1980s. Dozens
of counties use it in different
ways. For example Clarke County VA strictly limits the number of lots
that can be split from each farm. Then they use LESA to identify good land,
where they force the new lots to be smaller, saving farm land.
(Their subdivision limit is a sliding scale: 4 small lots from a 100-acre farm, 6 from
200 acres, etc.)
The only official copy of the ordinance is
in the files of the County Clerk. Neither Jefferson County nor P Burke assumes
responsibility for errors. All colors have been added for
clarity on the web, are not in the original, and have no legal significance. Defined words are colored violet, so the
reader will be reminded to check the definitions in section 2.2. Please report all problems to listener-owner@yahoogroups.com
so improvements can be made.]]
JEFFERSON COUNTY ZONING & DEVELOPMENT REVIEW ORDINANCE
Jefferson County, WV
TABLE OF CONTENTS
ARTICLE 1. PURPOSE, JURISDICTION, APPLICATION, INTERPRETATION
AND SEVERABILITY
Section
1.0 Effective Date
Section
1.1 Purpose
Section
1.2 Jurisdiction
Section
1.3 Application and
Interpretation
Section
1.4 Severability
Section
1.5 Use of Technical Information
Section
1.6 Wireless Telecommunication Moratorium [[expired
6/25/98. Replaced by Article 4B]]
ARTICLE 2. DEFINITIONS
Section
2.1 Definitions
Section
2.2 Terms Defined
ARTICLE 3. ADMINISTRATION AND ENFORCEMENT
Section
3.1 Administration
Section
3.2 Zoning Administrator
Section
3.3 Enforcement
ARTICLE 4. GENERAL PROVISIONS
Section
4.1 Ordinance Deemed Minimum
Regulations; Uniformity
Section
4.2 Compliance with Ordinance
Section
4.3 Nonconforming Uses
Section
4.4 Prohibited Uses
Section
4.5 Agricultural Uses Permitted Generally
Section
4.6 Distance Requirements
Section
4.7 Essential utility equipment
Section
4.8 Buildable Lot
Section
4.9 Traffic Visibility Across
Corner Lots
Section
4.10 Site Plan Requirements
Section
4.11 Landscaping, Screening and Buffer
Yard Requirements
Section
4.12 Outdoor Lighting
Section
4.13 Development in or Adjacent
to the 100 Year Floodplain
Section
4.14 Development Adjacent to the Potomac or
Shenandoah Rivers
Section
4.15 Location of Jails/Prisons
Section
4.16 Setback Chart
Section
4.17 West Virginia Legal Fireworks
Section
4.18 Model Home and Staffed Sales
Offices
ARTICLE 4A. HOME
OCCUPATIONS AND COTTAGE INDUSTRIES
Section
4A.1 Home occupations, Level 1
Section
4A.2 Home occupations, Level 2
Section
4A.3 Cottage industry
Section
4A.4 Covenants
ARTICLE 4B. WIRELESS
TELECOMMUNICATIONS FACILITIES
Section
4B.1 Site Plans
Section
4B.2 Fence
Section
4B.3 Setbacks
Section
4B.4 Location
Section
4B.5 [[none]]
Section
4B.6 Other Provisions
Section
4B.7 [[Vertical Height]]
ARTICLE 5. DISTRICT ESTABLISHMENTS; ZONING MAPS; DISTRICT BOUNDARIES; DISTRICT
REGULATIONS
Section
5.1 Establishment of Districts
Section
5.2 Boundaries of Districts
Section
5.3 District Maps
Section
5.4 Residential-Growth District
Section
5.5 Design Standards for Multi-family
Dwelling
Section
5.6 Industrial-Commercial District
Section
5.7 Rural District
Section
5.8 Residential/Light Industrial/Commercial
District
Section
5.9 Site Plans
Section
5.10 Village District
ARTICLE 6. DEVELOPMENT
REVIEW SYSTEM
Section
6.1 Development Review System (DRS)
Section
6.2 Issuance of a Conditional use
Permit
Section
6.3 The Soils Assessment
Section
6.4 Amenities Assessment
Section
6.5 Computation of Soils/Amenities
Assessment
ARTICLE 7. PROCEDURAL REQUIREMENTS FOR REVIEW
Section
7.1 Purpose
Section
7.2 Zoning District Permitted
Uses
Section
7.3 General Development Review System
Requirements
Section
7.4 Filing the Application
Section
7.5 Planning and Zoning Staff
Evaluation of the Development Review System
Section
7.6 Compatibility Assessment
Meeting
Section
7.7 Public Hearings for Development
Review System
Section
7.8 Board of Appeals Approval of Conditional use
Permit [[and
variances]]
ARTICLE 8. APPEAL PROCESS
Section
8.1 Filing an Appeal
Section
8.2 Processing Procedures
Section
8.3 Public Hearing
Section
8.4 Postponement of the Hearing
Section
8.5 Continuance of Hearing
ARTICLE 9. EXCEPTIONS
Section
9.1 General
Section
9.2 Building Height Limitations
Section
9.3 Lot area Modifications
Section
9.4 Setback Modifications
Section
9.5 Projections Into Yards
Section
9.6 Accessory Structures
Section
9.7 Other Exceptions
ARTICLE 10. PROVISIONS FOR SIGNS
Section
10.1 Purpose of Sign
Provisions
Section
10.2 General Provisions
Section
10.3 Permitted Signs Without Zoning Permit
Section
10.4 Signs Requiring a Zoning Permit
Section
10.5 Special Exceptions Uses
(Requiring Appeals Board Authorization After Public Hearing)
Section
10.6 Zoning Certificate
ARTICLE 11. OFF-STREET PARKING STANDARDS
Section
11.1 Non-Residential Parking Standards
Section
11.2 Internal Circulation, Entrance
and Parking Requirements
Section
11.3 Residential Parking Standards
ARTICLE 12. MAP AND TEXT AMENDMENTS
Section
12.1 Purpose
Section
12.2 Procedure for Amendment
SYMBOLS
show approvals by the County Commission:
+ approved 5/4/89
* approved 8/31/89
@ approved 9/14/89
# approved 10/12/89
% approved 11/30/89
& approved 9/13/90
> approved 10/4/90
^ approved 7/15/93
$ effective 5/18/96
= effective 1/1/97
~ effective 6/12/97
< effective 2/11/98
[ effective 7/1/98
{ effective 8/13/98
x effective 12/10/98
! approved 9/23/99 [[underlined
text. Legality was questioned, since County Commission amended without sending
written reasons to Planning Commission under WV law 8-24-22. Assistant
County Attorney Cassell calls this "a technical failure ... not a fatal
flaw"]]
\ approved 1/10/02
[[ text ]] editor's notes, not part of ordinance
Section numbers appear at the
beginning of each section. They are repeated in long sections, where needed for
clarity.
ARTICLE 1. PURPOSE, JURISDICTION, APPLICATION,
INTERPRETATION AND SEVERABILITY
Section 1.0 Effective
Date
This Ordinance shall become effective ninety
(90) days after the date on which the County Commission acts to adopt it.
Section 1.1 Purpose
The purpose of this Ordinance is to:
(a) Protect and encourage the health,
safety and general welfare of the present and future population of Jefferson
County.
(b) Help guide the future growth and development
of Jefferson County in accordance with the adopted Comprehensive Plan.
(c) Encourage growth and development
in areas where sewer, water, schools, and other public facilities are or will soon
be available in order to provide services in the most cost effective manner.
(d) Insure that growth and development
are both economically and environmentally sound.
(e) Encourage the maintenance of an agricultural
base in the County at a level sufficient to insure the continued viability of
farming.
(f) Encourage and support commercial,
industrial,
and agricultural
activities while maintaining land use, order and compatibility.
(g) Encourage an improved appearance of
Jefferson County with relationship to the use and development of land and structures.
(h) Encourage the conservation of natural
resources.
(i) Provide a guide for public action in
the orderly and efficient provision of public facilities and services.
(j) Provide a guide for private enterprise
in developing and building a strong economic community.
(k) Encourage historic preservation.
Section 1.2 Jurisdiction
These regulations shall apply to all
properties within Jefferson County, West Virginia; but, do not include the
incorporated areas.
Section 1.3 Application
and Interpretation
(a) The terms of this Ordinance shall be
applied to promote the intent in Section 1.1 and the Comprehensive Plan.
(b) Where this Ordinance imposes a greater
restriction than is imposed or required by other provisions of law, or by other
rules, regulations or ordinance, or by private restrictions, covenants, or
declarations, the provisions of this Ordinance shall control, except where
specifically stated herein.
(c) Where a provision of this Ordinance is
in conflict with another provision of this Ordinance the stricter regulation
shall apply.
* (d) If
a proposed use
is not one in the list of those permitted in each zoning district, it shall be prohibited
as though it was included in the list of prohibitions. However, the use
may be approved if the Development Review System demonstrates that the
use
is compatible and appropriate with the neighborhood and the use
can be approved by the Planning and Zoning Commission as a conditional use.
$ (e) Amendments
to this Ordinance shall not adversely affect specific decisions made by the
Zoning Board
of Appeals or conditions on a Conditional use Permit dated prior to the
adoption of such amendment. Determination of adverse affect shall be made by
the Zoning Administrator.
Section 1.4 Severability
Should any article, section, subsection or
provision of this Ordinance be declared by a court of competent jurisdiction to
be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the Zoning Ordinance as a whole or any part thereof other
than the part so declared to be invalid or unconstitutional.
Section 1.5 Use
of Technical Information
Should any technical study, authorized by the
Jefferson County Commission, become available after the adoption of this
Ordinance, the County Commission shall authorize the Planning and
Zoning Commission
to scrutinize such study to determine the extent that this Ordinance may need
to be amended. Such studies may include, but, are not limited to, information
on recreation, groundwater, hazardous wastes, and historic structures.
Changes that arise from this provision may
include additions and/or deletions of sections in this Ordinance which would
further encourage the proper management and preservation of our Natural
and Cultural Resources. All such recommended changes are subject to Section
12.1.
< Section 1.6 Wireless Telecommunication Moratorium [[expired
6/25/98. Replaced by Article 4B]]
< No
application for commercial
wireless
telecommunication
towers, antennas, auxiliary equipment shelter or structures, or any other commercial
wireless
telecommunications facility shall be accepted into the Planning Commission
Office for review prior to July 1, 1998. Likewise, no commercial wireless telecommunication towers,
antennas, auxiliary equipment shelter or structures, or any other commerical wireless
telecommunications facility shall be constructed or placed in the
unincorporated areas of Jefferson County prior to July 1, 1998.
< This
provision shall expire on July 1, 1998 or on the date new rules regarding such
facilities and antennas are adopted by the County Commission of Jefferson County
whichever comes first.
ARTICLE 2. DEFINITIONS
Section 2.1 Definitions
For the purpose of these regulations, the
following terms, phrases, words and their derivations shall have the meaning
given herein. Words used in the present tense include the future,
the singular number includes the plural and the plural is the singular. The
word "shall" is mandatory and the word "may" is permissive.
The words "used
for" shall include "arranged for", "designed
for", "intended for", "maintained for",
"constructed for", or "occupied for". The word "person"
shall mean natural
person,
joint venture, joint stock company, partnership, association, club, company,
corporation, business trust or the manager, laesa, agent, servant, officer or
employee of any of them. The word "land" shall include water surface and land
under water.
Section 2.2 Terms
Defined
Accessory Use A structure or use which is customarily
incidental and subordinate to the principal building or use which is located on the same lot
as the principal
building.
Accessory
structures include garages, tool sheds, storage buildings, swimming pools or
other similar structures. An accessory structure having any part of a wall
in common with a dwelling is considered part of the main building and must meet those setbacks.
Addition, Major A major addition shall include those additions which
will directly affect the function of the site or those areas surrounding the
site. Any substantial change of use classification, alteration of on-
site parking requirements, potential adverse impacts of off-site storm water
drainage, increased demand for public water and sewerage or additions which
will cause
the rerouting of traffic circulation shall be considered "major
additions".
^ Adjacent/Confronting
Affected Property Owner The owner of
property adjacent
to or confronting
a proposed development
(including the properties across any road, right of way or easement) which will be impacted
either positively or negatively by that proposed development. Names and addresses
of affected property owners will be taken from current tax records in the
Jefferson County Court House.
^ Adult uses Uses that are commonly associated with adults
only, including but not limited to: bars, lounges, dance clubs, stripping
establishments, adult book stores, clubs, adult arcades, adult cabarets, adult
motion picture theaters, massage parlors, sexual encounter
establishments and other similar businesses.
! Agricultural Use The exclusive use of land for a bona fide farming operation. This
includes activities such as dairying, horticulture, floriculture, viticulture,
fish culture, animal and poultry husbandry, fish, meat and poultry
processing, and other similar activities customarily associated with
farming and agriculture.
Seventy-five percent (75%) of the meat that is processed must be raised on
the site of the processing facility for minimum periods of three (3)
months for beef and pork and two (2) months for lamb and poultry. Agricultural
activity shall not include commercial slaughtering of livestock, poultry,
fish nor meat processing.
Amenities Utilities, roadways, and public services
which make a particular site more attractive for development. Section 6.4 governs the assessment
of amenities
as it relates to the Development Review System.
Applicant Any person commencing to develop land
under the Development
Review System Ordinance or any person requesting an appeal to this Ordinance.
Area, Land Land area
refers to new land
area, exclusive of streets and other public space.
Billboard A structure on which is portrayed
information which directs attention to a business commodity, service or
entertainment not necessarily related to the other uses permitted on the premises upon
which the structure is located. (See Sign, Outdoor Advertising)
{ Blue ridge line The common surveyed boundary between Jefferson
County, West Virginia and Loudoun County, Virginia.
Board The Jefferson County Board of Appeals.
& Buffer An area on a property defined by a distance
from the property line or other specifically defined line such as flood plain, wetland
limit or stream bank. Said area is intended to absorb, lessen or neutralize the
impacts of one land
use
from another. The nature of the buffer will depend on the impact(s) being
neutralized.
Building Any structure which is permanently
affixed to the land
and has one or more floors and a roof. The term building shall include
manufactured homes.
Building, Height
of The vertical distance measured
from the level of approved street grade opposite the middle of the front
of the building
to the highest point of the coping of a flat roof; to the deck line of a mansard
roof; and to the mean height level between eaves and ridge of a
gable, hip or gambrel roof.
Building Line The line established by law beyond which a building
shall not extend as determined by front, side and rear yards herein.
Change of use Any use which is different than the previous use
of a building
or land
or any change in the Standard Industrial Code in utilizing the Development
Review System.
& Clustering Grouping structures in closely
related groups at higher densities than normally permitted in certain areas in
order to preserve other areas as parks, recreational areas or sensitive
natural
areas. Overall density of the total parcel remains within acceptable limits.
See Chart (5.5.b) for minimum area per dwelling unit and minimum lot area.
[ Collocation The use of a wireless telecommunications facility by more
than one wireless
telecommunications provider.
+! Commercial Any wholesale, retail, or service
business activity established to carry on trade for a profit whether or not
for profit.
Commission The Jefferson County Planning and Zoning Commission.
Comprehensive Plan A composite of mapped and written text, the purpose of
which is to guide the systematic physical development of the County and is adopted by the
County Commission.
Conditional use A use of land or activity permitted only after fulfillment
of all local regulations.
Conditional use Permit A permit issued upon completion of the Development
Review System which allow for the proper integration of compatible uses
into the community.
& Condominium A common interest community in which
portions of the real estate are designated for separate fee simple ownership of
cubic air interior spaces and the remainder of the real estate is designated
for common ownership solely by the owners of those portions. Said common
interest community may be residential, commercial or industrial
depending on other provisions of this Ordinance. All such projects are subject
to the West Virginia Uniform Common Interest Ownership Act. In the event that a
specific requirement within the Uniform Common Interest Ownership Act is
inconsistent with a commercial or industrial project, that specific
requirement shall not apply.
$ Cottage industry An occupation at a residential
premises anywhere except the Residential Growth District and existing residential
subdivisions; with a limited number of employees, accessory structures and with
specified setbacks.
See Article 4A for standards.
Development The subdivision of land; construction,
reconstruction, conversion, structural alteration, relocation or enlargement of
any structure, installation of a sign; and any mining, landfill or land
disturbance, such as grading, paving and excavation.
Development Review
System A numerical rating system
designed
to assess a particular site's development potential based on soils and amenity
criteria cited within this Ordinance.
\ Dormitory: A building
used for sleeping accommodations where such building
is used accessory
to a permitted use of land. A dormitory
shall be located on the same property or campus as the use that it is intended to serve. A dormitory shall not offer accommodations to the
general public or to persons who are visiting the property or campus primarily
for the purpose of being a spectator at a sporting event or other gathering
held at the facility. A dormitory may
include one common kitchen or dining facility and common gathering rooms for
social purposes for use only by it’s
temporary occupants
^ Dwelling unit One room, or rooms connected together,
constituting a separate, independent housekeeping establishment for owner
occupancy, or rental or lease on a weekly, monthly, or longer basis, and
containing independent cooking and sleeping facilities.
Dwelling, Detached A building containing only dwelling units surrounded by
yards or other open area on the same zoning lot.
Dwelling, Multi-family A building containing three or more dwelling units.
Dwelling, Single A building containing not more than
one dwelling
unit and not occupied by more than one family.
Dwelling, Townhouse One of a series of three or more attached dwelling units
separated from one another by continuous vertical party walls without openings
from basement floor to roof.
Dwelling, Two-Family A building located on one zoning lot containing
not more than two dwelling units, arranged one above the other or
side by side, and not occupied by more than two families.
Easement A lawfully acquired right or
privilege to use
a parcel of land
or a portion thereof for a specified purpose. An easement is retained by a person
other than the owner of the land parcel.
Engineer A person registered by the State of
West Virginia through the Board of Registration of Professional Engineers.
$< Essential
utility equipment This
term applies to underground or overhead electrical, gas, communications, and
water and sewage systems, including pole structures, towers, wires, lines,
mains, drains, sewers, conduits, cables, fire alarm boxes, public telephone
stations, police call boxes, traffic signals, hydrants, regulating and measuring
devices and the structures in which they are housed, and other similar
equipment and accessories in connection therewith. This term does not apply to buildings,
yards, structures and stations for transforming, boosting, switching or pumping
where such facilities are constructed above ground. Essential utility equipment is
recognized in two categories: 1) local serving; and 2) non-local or
transmission through the County. This term does not apply to water and sewer
systems, the activities of which are regulated in whole or in part by any one
or more of the following State agencies: The Public Service Commission
of West Virginia, Department of Environmental Protection or Department of
Health of West Virginia. Essential utility equipment does not include commercial
wireless
telecommunications antenna, commercial wireless telecommunications equipment shelter, commercial
wireless
telecommunications facility or commercial wireless telecommunications tower.
Expanded use The further development of a developed site.
Flood-prone Area Areas subject to the one hundred
(100) year flood as determined by the Flood Insurance Study prepared by the
Federal Insurance Administration for Jefferson County, dated April 15, 1980, as
may be amended.
Flood-prone Soils Any area designated as flood-prone
soils in the Soil Survey of Jefferson County, West Virginia prepared by the
Department of Agriculture,
Soil Conservation Service.
Frontage, Street All property on the side of a street
between two intersecting streets (c)rossing or ending), or if the street
is deadend, then all the property abutting on one side between an intersecting street
and the deadend of the street.
Glare The effect produced by brightness sufficient
to cause
annoyance, discomfort, or lessen visual performance and visibility.
Group residential facility A dwelling owned or leased by a
governmental or non-profit organization and used to house a group of persons
not necessarily related by blood. The parent agency or institution has the
administrative, supervisory and service responsibility for the group home.
Historic site/Property Any lot, parcel, historic structure, or designated
area which has been listed on the West Virginia or the National Register of
Historic Places.
$ Home occupation,
Level 1 An occupation
conducted in a residential
premises in any district, but only by family members, wholly within the dwelling unit,
with no visible evidence of its conduct. See Article 4A for standards.
$ Home occupation,
Level 2 An occupation conducted
in a residential
premises in any district, but not in subdivisions established since 1979, and
with some nonresident employees, but wholly within the dwelling unit and with no visible
evidence of its conduct except a small sign. See Article 4A for standards.
Impervious Surface Any structure, material, or surface
which reduces and prevents absorption of storm water into the earth.
Improvements Modifications to land which increase its value or
utility. Improvements
include, but are not limited to, buildings and structures, road grading, road
surfacing, landscaping, curbs, gutters, storm sewers and drains, sidewalks, street
signs,
modifications to watercourses, water supply facilities, sewage disposal
facilities, and park and recreation equipment.
Land Surveyor A person registered by the State of West Virginia
through the Board
of Examiners of Land
Surveyors.
< Lattice tower A support structure constructed of verticle
metal struts and cross braces forming a triangular or square structure which
often tapers from the foundation to the top.
+ Light
Industrial Any industry that does not use a
significant amount of water except for domestic purposes. Industrial uses that do not create noise,
odors, smoke and objectional nuisances or hazards. All other perceived light industrial
uses
shall be referred to the Jefferson County Development Authority for a recommendation. The
final decision shall still be made by the Planning and Zoning Commission.
Any uses
listed in Section
5.6(b)
(as amended) are not considered light industrial.)
Lot A tract of land area meeting local development
standards which is intended for building development whether immediate or future.
Lot area The total horizontal area
included within the rear, side and front lot or proposed street lines of the lot.
& Lot line,
Front The side or sides of an interior
or through lot
which abut a street;
in a corner lot
both sides abutting the streets forming the corner shall be considered front lots.
Front lot
lines shall be measured from the Road Improvement Easement
where one exists.
& Lot line,
Side Any lot line other than a front lot line
or a rear lot
line. In a corner lot there must be at least one rear lot line.
Lot of record A written or graphic description of a lot that
is on record in the office of the Clerk of the County Commission of Jefferson County at
the adoption of this Ordinance.
^ Massage
Parlor An establishment where, for any
form of consideration, massage, alcohol rub, fomentation, electric or
magnetic treatment, or similar treatment or manipulation of the human body is
administered, unless such treatment or manipulation is administered by a
medical practitioner, chiropractor, acupuncturist, physical therapist,
certified massage
therapist, or similar professional person licensed by the State. This definition
does not include an athletic club, health club, school, gymnasium, reducing
salon, spa, or similar establishment where massage or similar manipulation of the human
body is offered as an incidental or accessory service.
Mobile home A detached structure with the following
characteristics: It is designed for long-term occupancy and containing
sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen
facilities with plumbing and electrical connections provided for attachment to
outside systems, and it is designed for transportation after fabrication on
streets or highways
on its own wheels, or on flatbeds or other trailers, or detachable wheels, and
it arrives at the site where it is to be occupied complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
location on jacks or other temporary or permanent foundations, connections to
utilities and the like.
Mobile home park A lot, site, or parcel of land used
or intended to accommodate two (2) or more mobile homes for residential
purposes with adequate public or community water and sewerage service meeting
Health Department standards. A mobile home park does not include mobile home
sales lots,
which unoccupied mobile homes are parked for inspection and sale. This term
includes all buildings,
structures, vehicles, accessories and appurtenances used or intended as equipment in
such a park.
Modular Unit A factory-fabricated transportable building
unit designed
to be used
by itself or to be incorporated with similar units at a building site into a modular
structure for residential,
commercial,
educational, or industrial
uses.
< Monopole A support structure constructed of a
single, self-supporting hollow metal tube securely anchored to a foundation.
Multi-residential Use A deeded lot or parcel on which two or
more dwelling
units are located.
& Natural,
Undisturbed
Condition This exists where the terrain
has not been altered in form by human activities such as cutting, filling,
blasting or leveling and where natural vegetation exists.
& Natural
Vegetation This occurs when a
property is allowed to revert to a wild condition with native plants. No cutting,
trimming or cultivation takes place in areas of natural vegetation.
Nonconforming Use A use of a building or of land lawfully existing at the
time this Ordinance becomes effective and which does not conform with the use
regulations of the district in which it is located. Any new lines of division
within a subdivision of a parcel that is a nonconforming use shall meet the regulations of
this Ordinance.
Nursing or Retirement
Homes This term includes rest homes, nursing
homes, convalescent homes for children and homes providing chronic and
convalescent care.
Open space Land within a proposed development site excluding areas
devoted to buildings,
structures, roadways and parking.
Plat A scaled, graphic drawing of a land
subdivision project prepared according to the provisions of this Ordinance. A plat
depicts the design
and layout of a project as well as the location of existing and proposed
property boundaries and easements. A plat also includes all terms,
conditions and performance requirements established prior to the approval of a
subdivision.
Preliminary Plat A professionally prepared drawing of a proposed subdivision which is
not a record plat
but which contains detailed information concerning the proposed development.
Principal Permitted
Use The primary or predominant use
of any site.
Prohibited Use A use that is not permitted.
Public Highway Any
highway
or road
in Jefferson County which is part of the Federal or West Virginia public highway
system and which is so identified and numbered on the most recent General Highway
Map published by the West Virginia Department of Highways.
\ Research and
Development: Research,
development and testing laboratories that do not involve the mass manufacture,
fabrication, processing or sale of products
+ Residential Any detached or attached structure
that is used
for permanent living quarters and has kitchen facilities.
Right-of-way A right which grants passage across or
through a property. A right-of-way is also the (usually dimensioned)
path along which the right of passage is granted.
Road A prepared surface within a right-of-way
which is intended for vehicular use. Road does not include shoulders.
& Seasonal
Use A use that is carried on for not more than a
single three day consecutive period in each of the four solar seasons.
& Sensitive
Natural
Area An area of wetlands, stream or river banks
and forest which exists as a habitat supporting rare or endangered species or which has been
dedicated perpetually to environmental preservation by easement, covenant or other legal
instrument or which is otherwise protected for environmental purposes by State
or Federal statute.
Setback Line That line that is the required minimum
distance from the street right-of-way line or any other lot line
that establishes the area within which the principal structure must be erected or placed.
^ Shopping center A commercial facility on a single lot
with common parking facilities that uses or leases separate areas of space to
retail or service oriented business.
Shrub, Evergreen A low growing, usually several
stemmed, woody plant which has foliage that remains green and functional
through more than one growing season.
Sign Any object, device, display or structure,
or part thereof, situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any means,
including words, letters, figures, designs, symbols, fixtures, colors, illumination or
projected images.
Sign, Animated A sign with action or motion, flashing lights, or
color change requiring electrical energy, electronic, or manufactured sources
of supply, but not including wind actuated elements such as flags, banners, or
pennants.
Sign, Business A sign which directs attention to a business or
profession or to a commodity, service, or entertainment sold or offered upon
the premises where the sign is located.
Sign, Freestanding A sign supported by a permanent structure, other
than a building,
that is affixed to the earth and placed on the same parcel of land
on which the business or service advertised by the sign is located.
Sign, Outdoor
Advertising A sign
structure which directs attention to a business, commodity, service, or entertainment
not necessarily conducted, sold, or offered upon the premises where such sign
is located. This term shall include billboards.
Soil value A relative numeric value assigned to
soil groups based on the group's potential for agricultural production.
& Species,
Rare
or Endangered Any species listed with the West Virginia
Department of Natural
Resources Heritage Program Species List or by the U.S. Department of
Interior, Department of Fish and Wildlife Management.
Standard Industrial Classification A multi-digit code utilized by the federal
Executive Office of Management and Budget to classify establishments by type of
activity in which they are engaged.
Staff Those persons employed by the Commission
or Board,
whether under direct employment or by contractual agreement.
^ Standard details These are minimum acceptable
details approved by the County Engineer for use in preliminary plats,
site plans, and related improvement plans. Said approval does not relieve the
subdivider, the design consultant, or the builder of the
responsibility for structural adequacy and sound construction.
Street (Same as Road)
< Telecommunication The technology which enable information
to be exchanged through the transmission of voice, video, or data signals
by means electrical or electromagnetic systems.
^ Use An activity that constitutes a legal
employment of a land
parcel or lot
exclusive of ancillary parking and drives.
! Vehicle signs A sign or advertising device which is painted,
mounted, affixed or otherwise attached to a vehicle or trailer, which is used for
the prupose of providing advertisements of products and services or directing
people to a business or service or other activity on or off the premises or
public right-of-way
where such vehicle
sign is located. This does not include identification signs
on vehicles which are moved regularly and used in the normal, day to day operation of the
business.
Variance A
departure from the terms of these regulations.
& Wetland An area that is inundated or
saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that, under normal circumstances, does support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions, commonly known as hydrophytic vegetation. The substrata is
predominantly hydric soil.
< Wireless
telecommunications antenna The
physical device through which electromagnetic, wireless telecommunications signals
authorized by the Federal Communications Commission are transmitted or received.
Antennas used
by amateur radio operators are excluded from this definition.
< Wireless
telecommunications equipment shelter The
structure in which the electronic receiving and relay equipment for a wireless
telecommunications facility is housed.
< Wireless
telecommunications facility A
facility consisting of the equipment and structures involved in receiving
telecommunications or radio signals from a mobile radio communications
source and transmitting those signals to a central switching computer which
connects the mobile unit with the land-based telephone lines.
< Wireless
telecommunications tower A
structure intended to support equipment used to transmit and/or receive
telecommunications signals including monopoles, guyed and lattice
construction steel structures.
ARTICLE 3. ADMINISTRATION AND ENFORCEMENT
Section 3.1 Administration
& (a) The
provisions of this Ordinance will be administered by the Jefferson County
Planning and Zoning Commission. With enactment of the Ordinance,
the County Commission
shall designate a Zoning Administrator to be under the direct supervision of
the Planning and Zoning Commission.
(b) An appeal to this Ordinance, however,
may be made to the Jefferson County Board of Appeals subject to the provisions of
Article 8, Chapter 24, Subsection 59, of the West Virginia Code, as amended.
* (c) The
Jefferson County Planning and Zoning Commission shall evaluate all Development
Review applications and approve or deny issuance of a conditional use permit.
(d) All departments, officials, and public
employees of Jefferson County which are vested with the duty or authority to
issue permits or licenses shall issue no permit or license for any use, building,
or purpose if the same would be in conflict with the provisions of this
Ordinance.
Section 3.2 Zoning
Administrator
(a) It shall be unlawful to develop,
construct, alter, or reconstruct any structure or to change the use
of any structure or property without first obtaining a zoning certificate from
the Zoning Administrator. This provision shall not apply to general maintenance
or repair or any addition deemed not a major addition as defined in Section
2.2 of this Ordinance.
(b) Each application for a zoning
certificate shall be accompanied by a copy of an approved site plan, if
applicable, or by a legible drawing either drawn to scale or accurately
indicating dimensions which show property boundaries and existing and proposed
structures and other proposed changes or land development. The plans shall be retained in the
office of the Planning and Zoning Commission.
(c) Use of any property, developmental arrangement, or
construction on any property other than that authorized in the zoning
certificate is a violation of this Ordinance. All provisions of this Ordinance
and amendments shall be maintained perpetually.
(d) The Commission shall approve or
disapprove issuance of a zoning certificate within sixty (60) days of the
initial filing date providing the application is complete and fees are paid
when filed and the request is in compliance of the provisions of this
Ordinance.
^ (e) A
zoning certificate shall become void eighteen (18) months after the date of
issuance if the construction or use for which the permit was issued has not
commenced. A one-time extension of this time frame may be granted by the Planning
and Zoning Commission
after evaluation of the hardship involved with noncompliance of this
regulation. The length of time extended shall be at the discretion of the
Planning and Zoning Commission and shall not exceed eighteen (18)
months.
(f) A filing fee, in accordance with the
County fee structure, shall be charged for all zoning certification.
Section 3.3 Enforcement
(a) The Zoning Administrator shall
promptly investigate any written complaint alleging a violation of this
Ordinance and determine if a violation has occurred.
& (b) As
provided in Chapter 8, Article 24, Subsection 68, of the West Virginia Code, as
amended, any person
who violates any provision of this Ordinance shall be guilty of a misdemeanor,
and upon conviction, shall be fined not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00) per day. Each day during which any
violation of this Ordinance continues shall constitute a separate offense.
(c) When it appears to the Planning and
Zoning Commission
that a violation of this Ordinance has occurred, the Commission shall notify the
responsible person
by means of a written Violation Notice. The Violation Notice shall specify the
nature of the violation and shall request that the violation be terminated
within 15 days from the date appearing on the Notice. Failure to terminate the
violation within the requested time shall be cause for the Planning and Zoning Commission
to:
(1) Seek an injunction in
the Circuit Court of Jefferson County to restrain the responsible person
from continuing the violation cited or seek an injunction requiring removal of
structures or land
uses
from the property involved, or
(2) Issue a warrant for the
arrest of the person
responsible for the violation and seek a conviction in the Circuit Court of
Jefferson County.
ARTICLE 4. GENERAL PROVISIONS
Section 4.1 Ordinance
Deemed Minimum Regulations; Uniformity
The regulations set forth by this ordinance
within each zoning district shall be minimum regulations and shall apply
uniformly to each kind of structure or land except as hereinafter provided.
There will be listed in each zoning district
a limited number of principal permitted uses and several prohibited uses for all districts listed in Section
4.4. Principal
permitted
uses
are those which are not required to demonstrate their appropriateness within a
district and would not be subject to approval by the Development Review System. All
other uses,
except prohibited
uses,
will be permitted
after demonstrating that such use is compatible with surrounding parcels and
will comply with the regulations of this ordinance. Demonstration of
compatibility will depend on the numerical value a parcel receives after
evaluation by the Development Review System which assesses the
productivity of soils and the amenities for development on a particular site
and the results of the Compatibility Assessment Meeting. A site will receive a conditional use
permit upon demonstrating that the land use in a specific location will comply with the
standards of the Development Review System, and this ordinance.
Section 4.2 Compliance
with Ordinance
Except as hereinafter specified, no land,
building,
or premises shall hereafter be used, and no building or part thereof or other
structure shall be located, erected, reconstructed, extended, enlarged,
converted or altered except in conformity with the regulations herein specified
for the district in which it is located and the Development Review System. This
provision shall not apply to general maintenance or repair or any addition
deemed not a major addition as defined in Section 2.2 of this Ordinance.
Section 4.3 Nonconforming
Uses
^ Any
building,
structure, or premises lawfully existing at the time of the adoption of this
ordinance, or lawfully existing at the time that this ordinance is subsequently
amended, may continue to be used even though such building, structure, or premises
does not conform to use, setbacks or dimensional regulations of the
zoning district in which it is located or the regulations of the Development
Review System; subject, however, to the following provisions:
^ (a) Nonconforming
uses
may upgrade, repair or make alterations to their facilities. However, expansion
of any nonconforming
use
shall be limited to the lot that exists at the time of adoption of this
Ordinance.
Repair includes the
following: replacement of same size (+- 35%) porches, awnings, decks roofs,
overhangs, patios, or any other similar construction as approved by the Zoning
Administrator. Additional acreage shall not be added to enlarge any nonconforming
use
unless that use
completes the Development
Review System.
^& (b) Whenever
a nonconforming
use
has been abandoned for a period of eighteen (18) months, such use
shall not be reestablished and any future use shall be in conformance with the provisions
of this Ordinance. However, a one time extension of up to eighteen (18) months
may be granted by the Board of Appeals.
\ The
nonconforming use automobile racing
facility located on property specifically described as Tax Map 17, Parcels 2,
2.1 and 5 in the Kabletown District is permitted to expand as herein described:
1. The
commercial/competitive racing circuit as measured on (date of adoption) [[1/10/02]],
particularly 25,344 linear feet may add an additional 8,870 feet of
commercial/competitive raceway surface, in accordance with (and not in addition
to)
the provisions of Section 4.3 of this Ordinance. The
surface shall conform to a required 200 foot setback
from all property lines.
2. May
add dormitory lodging with food
service facilities that do not contain internally lit signs.
3. May
add automobile related research and development
facilities.
4. May add other
automobile related facilities only for vehicles that are used on-site,
including, but not limited to warehousing, parts, supplies and service.
^ (c) A
nonconforming
use
may not be substituted for any other nonconforming use without the Board
of Appeals review and public hearing, provided, however, to the following: upon
notice to the Zoning Administrator with an application for and approval of a
Zoning Certificate a nonconforming retail, service, or wholesale
operation may be substituted with another retail, service or wholesale
operation without such public hearing; provided again, however, the intended use
does not include an adult use.
^! (d) Effective
"adoption date" [[9/23/99]], whenever a nonconforming use
expands over 35% of the existing square footage of its operation said use shall
meet all the applicable requirements of this Ordinance unless otherwise allowed
by the Board
of Appeals. Any nonconforming use that expanded between October 5, 1988
and "adoption date" [[9/23/99]] may expand under this provision as if they
have never utilized this provision in the past. 35% expansion includes
linear/parallel extension of a nonconforming setback; provided, however, this
extension does not violate any other setback limits.
$ 1. When
a nonconforming
use
can be computed by units such as apartment units, motel/hotel units, mobile home parks
and similar uses,
the 35% expansion provision shall be limited to 35% of the number of existing
units.
^ (e) A
nonconforming
shopping
center (including spaces that were not leased in the existing building
at the time of the adoption of this ordinance) may substitute uses
according to Section
4.3(c).
(f) Section 4.3 is subject to Article 8, Chapter 24, Section
50 of the West Virginia Code, as amended.
$ (g) This
section (4.3) does not apply to industrial uses that existed at the adoption of the
ordinance. Such industries may expand provided that they meet site plan
standards.
! (h) A nonconforming use
destroyed by a natural
or unnatural
calamity cannot be rebuilt without approval of the Zoning Board of Appeals upon application
by the owner and pursuant to the variance and appeal procedures outlined in
Article 8.
Section 4.4 Prohibited
Uses
(a) Any existing or proposed use
which is determined to be in conflict with any existing ordinance or laws of Jefferson
County or law or regulation of the State of West Virginia or other governmental
agency shall be prohibited
even though such use may be allowed under the terms of this ordinance.
(b) No land use shall be conducted that
creates any injurious, noxious, or otherwise objectionable fire, explosive
heat, or other hazard; noise, or vibration; smoke, dust, odor, gases, or other
form of air pollution; or emit dangerous radioactivity in such a manner that if
permitted
would adversely affect the uses of an adjacent property or contaminate the ground
water or surface waterways of the County. All land uses generating such conditions
shall comply with the appropriate State and Federal Codes. Such compliance with
applicable State and Federal laws shall be deemed as compliance with this
Ordinance.
(c) Any development which would destroy
the historical character of a property listed on the West Virginia or National
register of Historic Places shall not be permitted.
(d) No materials or waste should be stored
on a property in a form that could be transported to adjacent property by wind or
water or other natural
causes
or forces.
(e) All methods of industrial waste or sewage
treatment and disposal shall be in accordance with County, State and Federal
Codes.
& (f) Jails,
prisons and/or penal institutions shall be prohibited in all zones except the industrial/commercial
zone. The Development
Review System does not supercede this prohibition.
> (g) No
gambling or casino type games of chance (video or mechanical) that provides any
type of payoff or remuneration shall be permitted anywhere in Jefferson County unless
expressly and explicitly permitted and authorized by the West Virginia
Code as amended. Provided, however, that such use shall only be permitted
in the Heavy Industrial/Commercial
Zone and shall be processed through the Development Review System (Article 6 and 7).
This prohibition
does not apply to betting on horses or pari-mutuel betting on horses.
Furthermore, this prohibition does not apply to such use that existed at the time of
the adoption of this ordinance. The Development Review System shall not supercede
this prohibition in the Residential Growth Zone, the Rural Agricultural
Zone, or the Residential/Light
Industrial/Commercial
Zone.
& (h) For
parcels located east of the Shenandoah River or which are in a natural,
undisturbed
condition within 1000 feet of the Potomac and Shenandoah Rivers and Opequon
Creek, no use
shall be permitted
without adherence to the requirements for retention of land in a natural, undisturbed area as spelled out
in Section
14.2 of the Subdivision Ordinance.
$ (i) No
sales of fireworks are permitted outside the commercial zones.
! (j) Vehicle signs left parked or standing on
a public right-of-way,
public property or private property.
Section 4.5 Agricultural
Uses
Permitted
Generally
Except for compliance with distance
requirements for a building set forth in Section 4.6, nothing in this
ordinance shall prohibit the use of land for agricultural purposes or the construction or use
of building
or structures incidental to the use for agricultural purposes.
Section 4.6 Distance
Requirements
(a) Any uses or building subject to compliance
with this section shall be located at least 200 feet from:
(1) any lot in a residential district;
+ (2) a dwelling, school, church, or institution for
human care not located on the same lot as the said use or buildings;
(3) any lot which is part of a recorded
subdivision, and
(4) any parcel or historic
structure or designated historic district which has been listed on the West
Virginia or National Register of Historic Places.
^ (b) Adjacent
uses
or buildings
subject to compliance with this section shall be located at least 75 feet from:
1. Any lot in the Residential Growth District;
2. Any lot with a dwelling, school, church, or
institution for human care not located on the same lot as said use or building;
3. Any parcel or historic structure or
designated historic structure which has been listed on the West Virginia or
National Register of Historic Places.
Section 4.7 Essential
utility equipment
^ Essential
utility equipment, as defined in Section 2.2, shall be permitted
in any district, as authorized and regulated by law and ordinances of Jefferson
County, it being the intention hereof to exempt such essential utility equipment from
the application of this ordinance. Communication towers, however, shall conform
to the setback
requirements and be surrounded by a fence.
Section 4.8 Buildable Lot
Any lot which was a buildable lot under the terms or
regulations in effect at the time of the adoption of this ordinance and which
was established or recorded at that time shall be deemed a buildable lot
for the erection of a single-family dwelling, subject to the provisions of the
appropriate district regulations of this ordinance.
Section 4.9 Traffic
Visibility Across Corner Lots
On any corner in all districts, there shall
be no obstruction to traffic visibility within thirty-five (35) feet of the
intersection of the two (2) street property lines of the corner lot.
Section 4.10 Site Plan
Requirements
A site plan shall be submitted for review by
the Planning and Zoning Commission for all new commercial, townhouse and multi- family residential,
industrial,
and institutional land uses in any district and for all major
additions or expansions of existing uses as defined in Article 2.
(a) Site Plans shall be prepared by a
registered professional engineer, or registered land surveyor licensed to practice in
the State of West Virginia.
(b) If the proposed use is not listed as a principal
permitted
use
within the zoning district where it is located, the developer must have his
proposal evaluated by the Development Review System before Site Plan
submittal. Upon approval of a conditional use permit the applicant may proceed with Site
Plan submittal.
(c) In those cases where a Site Plan is
required and the developer has received a conditional use permit, a minimum of six (6)
copies of the Site Plan shall be submitted to the Jefferson County Planning
Office.
(d) Site Plan submittal is not required
for single-family or two-family dwelling units unless planned as part of a
multi-unit or mixed use development plan.
(e) The Site Plan format and informational
requirements that must be followed are referenced in the Jefferson County
Subdivision Ordinance, and Articles 4, 5, 10 and 11 of this Ordinance.
(f) Additional Site Plan format
requirements shall be the same as those for the Preliminary Subdivision Plat
referenced in Article 8 of the Jefferson County Subdivision Ordinance.
[ (g) The
Planning and Zoning Commission shall review and approve or
disapprove a completed application within sixty (60) days of the acceptance of
the Site Plan in the Planning Office. The Planning and Zoning Commission
has the authority by variance to reduce any site plan standards as justified
under Article 17 of the Subdivision Ordinance.
Section 4.11 Landscaping,
Screening and Buffer
Yard Requirements
& (a) All
commercial
development
adjacent
to any Residential
district, or any lot with a residence, school, church or institution for
human care shall have a fifty (50) foot or greater unscreened green space buffer
or a fifteen (15) foot screened green space buffer along common property
lines. The screening may be either vegetative or opaque fencing and may be
placed anywhere within the buffer. No structures, materials or vehicular
parking shall be permitted within the side and rear yard buffers. All commercial development adjacent to all other uses
must maintain ten (10) foot side and rear yard landscaped buffers.
^& (b) All
industrial
development
adjacent
to any Residential
district, or a residence, school, church, or institution for human care shall
have a buffer
yard of no less than two hundred (200) feet. No structures, stored materials,
or vehicular parking shall be permitted within the buffer yard.
& All industrial development shall have front yard
buffers
of no less than one-half (1/2) the front yard building setback.
4.11(c) In all buffer yards, the exterior width beyond the
vegetative screen shall be planted with grass, seed, sod, or ground cover.
4.11(d) All buffer yards shall include a fence or a dense
screen planting of trees, shrubs, or other plant materials or both, to
the full length of the lot line to serve as a barrier to visibility,
air borne particles, glare or noise. Such screen planting shall meet
the following requirements.
^ (1) Vegetative screening shall comply with Standard details M-52, M-53 or
M-54 depending on the buffer width. At the time of planting the
vegetation shall be at least four (4) feet in height.
(2) It will be the
responsibility of the landowner to replace any trees that die and shall be so
noted on the site plan.
(3) Screen planting shall be
a minimum of ten (10) feet wide but shall be placed so that it is no closer
than four (4)
feet at maturity from a property line or from any street.
(4) No structure, fence,
planting or other obstruction shall be permitted which would interfere with traffic
visibility.
4.11(e) In any Commercial, Industrial, Institutional, or Residential
development
all dumpsters shall be screened from any residences or from the public highway's
view.
4.11(f) All buffer yards shall be maintained by the
property owner.
$& (g) All
development
adjacent
to a Sensitive
Natural
Area shall have a buffer of natural vegetation. Environmental standards
contained in Section
5.8(b),
2 through 8, will apply. The buffer shall meet the current Federal standard
except as required below:
Wetland
Size in acres
|
Greater than |
Less than |
Buffer width in feet |
|
|
|
|
|
0.05 |
0.10 |
30 |
|
0.10 |
0.16 |
35 |
|
0.15 |
0.21 |
40 |
|
0.20 |
0.26 |
50 |
|
0.25 |
0.31 |
55 |
|
0.30 |
0.36 |
60 |
|
0.35 |
0.41 |
65 |
|
0.40 |
0.46 |
70 |
|
0.45 |
0.51 |
75 |
|
0.50 |
0.66 |
80 |
|
0.65 |
0.81 |
85 |
|
0.80 |
0.96 |
90 |
|
0.95 |
1.21 |
95 |
|
1.20 |
|
100 |
^4.11(h) All required landscape plans
shall contain the following elements:
1. Deciduous street trees for shade and
aesthetics.
2. Evergreen buffer planting, as required, for full
screening.
3. Parking lot and internal drive plantings
(mix of evergreen
and deciduous) for partial screening and limited shade.
4. Structure plants for aesthetics and
limited shade.
5. Schedule of plants including common
name, scientific name, minimum size (height, caliper, etc.) quantity and
specific limitation notes.
[4.11(h) All wireless telecommunications antennas, towers,
and facilities shall have a buffer yard pursuant to Article 4, Section
4.11(d)
1-4. [[1998
amendment accidentally specified an additional item (h), not (i)]]
Section 4.12 Outdoor
Lighting
(a) The location and height of all
exterior lighting shall be shown on the Site Plan and will be reviewed by the
Zoning Administrator to assure that lighting and glare does not adversely affect adjacent
properties.
Section 4.13 Development
in or Adjacent
to the 100 Year Floodplain
(a) The 100 year floodplain shall clearly
be delineated on the site plan by the registered engineer or licensed land surveyor.
(b) All land within the 100 year
floodplain will be subject to the Jefferson County Flood Plain Management
Ordinance.
Section 4.14 Development
Adjacent
to the Potomac or Shenandoah Rivers
(a) Any development, other than residential
development,
that takes place after the adoption of this Ordinance must maintain a five
hundred (500) foot buffer strip from the existing banks of the
Potomac and Shenandoah Rivers and is subject to Section 4.13.
& Section 4.15 Locations of Jails/Prisons
Due to the special conditions surrounding a
jail, prison, or penal institution, all such projects shall only be allowed in
the Industrial-Commercial
Zone and shall be subject to the Development Review System as outlined in
Article 6 of this Ordinance. Furthermore, these projects shall comply with
Article 5, Section
5.6(l),
and Article 6 of the Jefferson County Zoning and Development Review Ordinance.
Section 4.16 [[Setback
Chart]]
When this section is in conflict with another
section of the Zoning and Development Review Ordinance, this section
shall prevail.
|
|
BUILDING SETBACKS |
PARKING AND ACCESS DRIVE SETBACKS |
BUFFERS |
DISTANCE REQUIREMENTS |
||||||||||||||
|
ADJACENT USE: PROPOSED
USE FRONT |
any use except industrial |
indus-trial use |
residential zone |
lot with a residential |
church /school /inst for human care |
commercial |
industrial |
residential zone |
lot with a residential |
church /school /inst for human care |
commercial |
industrial |
residential zone |
lot with a residential |
church /school /inst for human care |
commercial |
industrial |
structure or lot on historic registry |
|
FRONT |
||||||||||||||||||
|
barn/feeding pen |
* |
* |
na |
na |
na |
na |
na |
na |
na |
na |
na |
na |
75 |
75 |
75 |
na |
na |
75 |
|
comm'l lot<=1.5 ac |
25 |
25 |
15 |
15 |
15 |
15 |
15 |
50/15 |
50/15 |
50/15 |
na |
na |
75 |
75 |
75 |
na |
na |
75 |
|
comm'l lot> 1.5 ac. |
25 |
25 |
15 |
15 |
15 |
15 |
15 |
50/15 |
50/15 |
50/15 |
na |
na |
75 |
75 |
75 |
na |
na |
75 |
|
industrial |
50 |
25 |
25 |
25 |
25 |
25 |
25 |
200 |
200 |
200 |
25 |
na |
200 |
200 |
200 |
na |
na |
200 |
|
church |
25 |
25 |
15 |
15 |
15 |
15 |
15 |
50/15 |
50/15 |
50/15 |
na |
na |
na |
na |
na |
na |
na |
na |
|
multi-family |
25 |
25 |
15 |
15 |
15 |
15 |
15 |
na |
na/15 |
na/15 |
na |
na |
na |
na |
na |
na |
na |
na |
|
SIDE |
||||||||||||||||||
|
barn/feeding pen |
* |
* |
na |
na |
na |
na |
na |
na |
na |
na |
na |
na |
75 |
75 |
75 |
na |
na |
75 |
|
comm'l lot<=1.5 ac |
25 |
25 |
4 |
4 |
4 |
4 |
4 |
50/15 |
50/15 |
50/15 |
10 |
10 |
75 |
75 |
75 |
na |
na |
75 |
|
comm'l lot> 1.5 ac. |
50 |
25 |
10 |
10 |
10 |
10 |
10 |
50/15 |
50/15 |
50/15 |
10 |
20 |
200 |
200 |
200 |
200 |
na |
200 |
|
industrial |
50 |
25 |
25 |
25 |
25 |
20 |
20 |
200 |
200 |
200 |
20 |
20 |
200 |
200 |
200 |
na |
na |
200 |
|
church |
50 |
50 |
10 |
10 |
10 |
10 |
10 |
50/15 |
50/15 |
50/15 |
10 |
10 |
na |
na |
na |
na |
na |
na |
|
multi-family |
12 |
12 |
12 |
12 |
12 |
12 |
12 |
na |
na/12 |
na/12 |
na |
na |
na |
na |
na |
na |
na |
na |
|
REAR |
||||||||||||||||||
|
barn/feeding pen |
* |
* |
na |
na |
na |
na |
na |
na |
na |
na |
na |
na |
75 |
75 |
75 |
na |
na |
75 |
|
comm'l lot<=1.5 ac |
25 |
25 |
15 |
15 |
15 |
15 |
15 |
50/15 |
50/15 |
50/15 |
na |
na |
75 |
75 |
75 |
na |
na |
75 |
|
comm'l lot> 1.5 ac. |
50 |
25 |
10 |
10 |
10 |
10 |
10 |
50/15 |
50/15 |
50/15 |
10 |
10 |
75 |
75 |
75 |
na |
na |
75 |
|
industrial |
50 |
25 |
25 |
25 |
25 |
20 |
20 |
200 |
200 |
200 |
20 |
20 |
200 |
200 |
200 |
na |
na |
200 |
|
church |
50 |
50 |
10 |
10 |
10 |
10 |
10 |
50/15 |
50/15 |
50/15 |
10 |
10 |
na |
na |
na |
na |
na |
na |
|
multi-family |
30 |
30 |
15 |
15 |
15 |
15 |
15 |
na |
na/15 |
na/15 |
na |
na |
na |
na |
na |
na |
na |
na |
* see district requirements
$ Section 4.17 West Virginia Legal Fireworks
Sales of fireworks are only permitted
in the commercial
zones provided all other restrictions such as subdivision and site plan
regulations and setbacks
are met.
! Section 4.18 Model Home and Staffed Sales Offices
Model homes with a staffed sales office
for sales exclusively within the residential subdivision that they are located
are permitted
provided that they are contained on the first lot on either or both sides of
any road/right-of-way
that enter the subdivision; provided also that they are so designated on the
preliminary and final plats during the subdivision process.
Model homes with a staffed sales office in
any other location within the subdivision needs to be approved or denied by the
Zoning Board
of Appeals after a 15 day public hearing.
Model homes without staffed sales offices
are permitted
internally within the subdivision
$ ARTICLE 4A HOME OCCUPATIONS
AND COTTAGE INDUSTRIES
Section 4A.1 Home
occupation, Level 1
An occupation
conducted in a dwelling
unit for gain provided that:
a. No person other than members of the family
residing on the premises shall be engaged in such occupation. Said members must
be full time residents of the premises.
b. The use shall be conducted wholly
within the dwelling
unit and shall not exceed 25% of floor area of the dwelling unit.
c. There shall be no change in the
outside appearance of the building or premises, or other visible evidence
of the conduct of such home occupation.
d. There shall be no sales, other than
items handcrafted on the premises, in connection with such home occupation.
e. Traffic generated by such home occupation
must not exceed two (2) business related vehicle visits per day
nor more than ten (10) visits per week at the premises. Any need for parking
generated by the conduct of such home occupation shall be met off street
and other than in a required front yard.
f. It is clearly incidental and
subordinate to the use of the dwelling unit as a residence.
g. No equipment or process shall be used
in such a home
occupation which creates offensive manifestations by sight, sound or
smell detectable to the normal senses, or electrical interference or vibrations
perceptible, outside the dwelling unit.
! h. No business which includes the
storage of weapons such as firearms (other than the residents hunting,
protection and leisure weapons) shall be permitted. Home occupations do not include; boarding
or rooming homes or bed and breakfast establishments or adult uses.
Section 4A.2 Home
occupation, Level 2
An occupation
conducted in a dwelling
unit for gain, provided that:
a. The occupation must be conducted by
a full-time resident of the property. Up to two (2) nonresident employees also
may be permitted
to work on the premises.
b. The use shall be conducted wholly
within the dwelling
unit and shall not exceed one third (1/3) of floor area of the dwelling unit.
c. There shall be no change in the
outside appearance of the building or premises, or other visible evidence
of the conduct of such home occupation other than one sign,
not exceeding one (1) square foot in area, non-illuminated.
d. There shall be no sales, other than
items crafted on the premises, in connection with such home occupation.
e. No more than three (3)
business-related vehicle visits per day nor more than fifteen (15) visits per
week at the premises, including delivery vehicles, but excluding employee
commuting, shall be permitted. Any need for parking generated by
the conducted use
of such home business shall be met off street and other than in a required front yard.
f. It is clearly incidental and
subordinate to the use of the dwelling unit as a residence.
g. No equipment or process shall be used
in such a home business which creates offensive manifestations by sight, sound or
smell detectable to the normal senses, or electrical interference or vibrations
perceptible, outside the dwelling unit.
! h. No business which includes the
storage of weapons such as firearms (other than the residents hunting,
protection and leisure weapons) shall be permitted. Home businesses do not include; boarding
or rooming homes or bed and breakfast establishments or adult uses.
i. Is not permitted in existing
subdivisions established since 1979.
Section 4A.3 Cottage
industry
An occupation
conducted at a residential
premises for gain, provided that:
a. The occupation must be owned and
operated by a full-time resident of the property. Up to four (4)
nonresident employees may be permitted to work on the premises.
b. The use shall be conducted at least
in part within the dwelling unit. Said use area shall not exceed one
third (1/3) of floor area of the dwelling unit. In addition all cottage industry. Two subordinate
structures shall be permitted not exceeding two stories and shall
not have a footprint greater than 1000 square feet.
c. There shall be no change in the
outside appearance of the residential structure. One sign, not exceeding four (4)
square feet in area, non-illuminated may be permitted.
d. Sales on the premises shall be permitted
with the limitation that no less than seventy-five (75) percent of the items
for sale shall be products produced on the premises and that items not produced
on premises shall be items similar or related to the items produced on the
premises.
e. No more than twelve (12)
business-related vehicle visits per day nor more than sixty (6)
visits per week at the premises, including delivery vehicles, but excluding
employee commuting, shall be permitted. Any need for parking generated by
the conduct of such cottage industry shall be met off street
and other than within the required front yard setback.
f. No evidence in the appearance of
the property or other visible manifestation of the conduct of cottage industry
activity shall be visible from the public way, other than a non-illuminated sign.
g. No equipment or process shall be used
in such a cottage
industry establishment which creates offensive manifestations by
sight, sound or smell detectable to the normal senses at any property line, or
which creates electrical interference or vibrations perceptible, at any
property line.
! h. No business which includes the
storage of weapons such as firearms (other than the residents hunting,
protection and leisure weapons) shall be permitted. Home businesses do not include; boarding
or rooming homes or bed and breakfast establishments or adult uses.
i. Site plans pursuant to Article 4 of
the Improvement Location Permit Ordinance are required for new structures or
structures that are to be converted to be used as a part of the Cottage industry; unless
otherwise permitted
by the Planning Commission.
j. Setbacks shall be 25 feet all
around the structure.
k. Permitted anywhere except the Residential
Growth District and existing residential subdivisions.
Section 4A.4 Covenants
Although not
regulated by the Planning Commission it is recommended that prior to the
operation of a Home
occupation and/or Cottage industry applicants research restrictive
covenants for their land or seek the advice of a surveyor,
engineer
or attorney.
[
ARTICLE 4B. WIRELESS
TELECOMMUNICATIONS FACILITIES
Section 4B.1 Site Plans
All general site plan standards are required
to be met pursuant to the Subdivision and Zoning Ordinance particularly Section
11.3 of the Subdivision Ordinance. When other provisions of any County
Ordinance is in conflict with said Section 11.3, the provision in Section
11.3 shall be controlling.
Section 4B.2 Fence
An 8' foot fence is required for each site.
All wireless
telecommunications towers, wireless telecommunications structures and wireless
telecommunications facilities shall be enclosed in such fence.
Section 4B.3 Setbacks
These setbacks shall apply in all zones. Setbacks
may be modified as part of the Conditional use Permit process when such process
is required. These setbacks are for new towers only. Setbacks
required in 4B.3(a)
can be accommodated on adjacent land by easement provided such land is used for agricultural purposes and
provided all other standards are met.
a. Any wireless telecommunications tower
shall be located at least the length of the height of such tower plus an
additional 10 percent to any external property line.
b. All portions of wireless telecommunications
towers, wireless
telecommunications structures and wireless telecommunications facilities
(excluding the required fence and guy wires) shall be a minimum of 75 feet from
the external property line.
c. Any setback required under 4B.3 can
be accommodated by easement on adjacent properties.
Section 4B.4 Location
Wireless telecommunications
antennas, towers, structures and facilities are permitted by right under certain
circumstances and by Conditional use Permit under other
circumstances. In any event all other provisions of this Article shall apply.
a. In the Industrial/Commercial District wireless
telecommunications antennas, wireless telecommunications equipment shelters,
wireless
telecommunications facilities and wireless telecommunications towers are permitted
by right under the following conditions.
1. The applicant must provide a West
Virginia licensed engineer's certificate of structural integrity
and safety of the proposed facility and the existing structure with the site
plan.
2. For new structures/towers applicant
must prove that the support structure/tower is structurally designed
to accept the collocation
of at least two (2)
companies. A site plan is also necessary.
b. In the Rural District wireless
telecommunications antennas, wireless telecommunications equipment shelters,
wireless
telecommunications facilities and wireless telecommunications towers are permitted
under the following conditions.
1. The applicant must provide a West
Virginia licensed engineer's certificate of structural integrity and
safety of the proposed facility and the existing structure with the site plan.
2. New structures/towers can be
utilized under the following conditions:
a. Applicant must prove that the support
structure/tower is structurally designed to accept the collocation of at least (2)
two companies.
b. The visual impact of a tower shall
be mitigated to blend with the natural and built environment of the
surrounding area. Such mitigation measures shall be approved by the Planning
& Zoning Commission
and shall address: architecture, color, landscaping, lighting, materials,
siting, topography, and visual screening.
c. An approved site plan is necessary.
c. In the Residential/Growth, "Residential/Light
Industrial/Commercial"
and Village Districts wireless telecommunications antennas, wireless
telecommunications equipment shelters and wireless telecommunications facilities are permitted
only on or in existing structures and provided they process successfully
through the Development
Review System (DRS) as outlined in Article 6 and 7. The applicant does not have to
process through the LESA Point portion of the process.
1. In addition to the support data
required in Article 7 the developer shall also address the visual impact of a
tower and any associated facilities as it relates to the natural and built environment of
the surrounding area. This includes (but is not limited to) architecture,
color, landscaping, lighting, materials, siting, topography, visual screening,
and height.
2. Standard site plan processing is
required if a Conditional
use Permit is issued.
3. Height of antenna and support
structure cannot be higher than 30 feet above existing structures.
Section 4B.6 Other
Provisions
a. The owner of the property shall
dismantle the tower and all associated structures if no functioning antenna is
attached to the towers for 18 consecutive months and restore the site as nearly
as possible to pre-existing site conditions.
b. The applicant shall submit
documentary evidence of compliance with all Federal Aviation Administration and
Federal Communications Commission requirements.
c. Any portions of wireless telecommunications
towers, structures and facilities that are below the treeline and located
within 300 feet of the Appalachian Trail shall be camouflaged to minimize the
visual impact of such from the Trail. The Planning and Zoning Commission
shall have final authority over the level of such camouflaging.
d. All towers shall be painted a
non-contrasting gray or similar color minimizing its visibility unless
otherwise required or requested by the Federal Communications Commission,
Federal Aviation Administration, Jefferson County Planning & Zoning Commission
or the Conditional
use Permit.
e. No advertising is permitted
anywhere on the wireless
telecommunications antennas, wireless telecommunications equipment shelters,
wireless
telecommunications facilities or wireless telecommunications towers.
f. The utilization of an existing
structure does not require the creation of a separate lot.
g. Upon notification to the Planning Commission
Office, operational temporary test towers/antennas may be erected for a period
not exceeding 72 hours per parcel.
{ h. Wireless
telecommunication
towers, excepting antennas, based within 250 vertical feet of the Blue ridge line
shall not rise above the average tree canopy within a 100 foot radius of the
proposed site.
The 250 vertical
feet shall be measured by drawing a perpendicular line from the site to the Blue ridge line.
Section 4B.7 [[Vertical
Height]]
(a) Vertical Height
The vertical height
of any wireless
telecommunication
facility shall not exceed 199 feet measured on the basis provided by relevant
Federal Aviation Administration and/or Federal Communications regulations.
ARTICLE 5. DISTRICT ESTABLISHMENT; ZONING MAPS; DISTRICT
BOUNDARIES; DISTRICT REGULATIONS
Section 5.1 Establishment
of Districts
For the purpose of this Ordinance, all land
within the County, exclusive of the incorporated towns, is hereby designated as
one of the following zoning districts:
R-G Residential/Growth District
I-C Industrial/Commercial District
R-A Rural/Agricultural District
+ R-L-C Residential/Light
Industrial/Commercial
District
Section 5.2 Boundaries
of Districts
Unless otherwise indicated on the zoning
district maps, the boundary lines of the districts shall follow lot lines,
centerlines of streets, alleys, corporate limit lines, or centerlines of
waterways as existing at the time of adoption of this Ordinance.
Section 5.3 District
Maps
The districts shall be of the size and shape
shown on the Jefferson County Zoning Maps and shall hereby be made a part of
this ordinance. A copy of the said maps shall be signed by the County Commissioners
upon the adoption of these regulations and recorded within the Courthouse.
Section 5.4 Residential-Growth
District
The Residential-Growth District is intended to
provide for a variety of residential uses and densities which can be
supported by central or public water and sewer and adequate roadways and
services. This district encourages commercial growth provided that such growth is
deemed to be appropriate and compatible by the Development Review System.
The following regulations govern development
within the Residential-Growth
District.
5.4 (a) Principal
Permitted
Uses
(1) Single family detached
dwelling units
(2) Duplexes
(3) Townhouses
(4) Multi-family dwelling units
(5) Mobile home parks (Subject to Section
10.1; Jefferson County Subdivision Ordinance)
! (6) Private or public elementary,
middle or secondary schools, colleges, hospitals and educational
facilities for adults.
(7) Churches and other
places of worship
(8) Child care centers
(9) Public utility buildings
(10) Public buildings and public service
establishments like fire, ambulance, and rescue services
(11) Accessory Uses
(12) Group residential facility
$ (13) Home Businesses as specified in Articles 2 and 4A
(14) Nursing or retirement homes
! (15) Model home/Sales office (pursuant to Section
4.18)
&5.4(b) Minimum Lot area, Height, and Yard Requirements
The following
minimum lot
area requirements for residential dwelling units is based on the
availability of central or public water and sewer facilities and West Virginia Board
of Health regulations.
When computing the dwelling unit
yield for a parcel of land use the total area of parcel minus (1)
lands contained in a wetland and (2) hillside lands to be
retained in a natural,
undisturbed
condition as provided for in Article 14 of the Subdivision Ordinance.
& RESIDENTIAL/GROWTH DISTRICT HEIGHT
AND YARD REQUIREMENTS
|
|
Development Type |
Minimum
Lot Area (MLA) |
Required
Yards |
Maximum
Building Height* [[maximum units per acre]] |
|
|
|
|||||
|
& |
1.
Single family detached dwelling |
|
|
|
|
|
|
|
Public/Central
water and sewer |
6,000
sq. ft. ADU** |
25
ft. front |
40
ft. |
|
|
|
|
10,000
sq. ft. MLA |
|
[[ 4 ]] |
|
|
|
Public/Central
water or sewer |
20,000
sq. ft. MLA |
12
ft. side |
[[ 2 ]] |
|
|
|
No
Public/Central water or sewer |
40,000
sq. ft. MLA |
20
ft. rear |
[[ 1 ]] |
|
|
|||||
|
& |
2.
Duplex dwelling unit |
|
|
|
|
|
|
|
Public/Central
water and sewer |
3,200
sq. ft. MLA |
25
ft. front |
40
ft. |
|
|
|
Public/Central
water and sewer |
7,500
sq. ft. ADU |
12
ft. front (exterior only) |
[[sic]] [[ 6 ]] |
|
|
|
Public/Central
water or sewer |
10,000
sq. ft. |
30
ft. rear |
[[ 4 ]] |
|
|
|||||
|
& |
3.
Townhouse |
|
|
|
|
|
|
|
Public/Central
water and sewer |
1,400
sq. ft. MLA |
25
ft. front |
40
ft. |
|
|
|
|
3,500
sq. ft. ADU |
12
ft. side (exterior only) |
[[ 12 ]] |
|
|
|
|
|
20
ft. rear |
|
|
|
|||||
|
& |
4. Multi‑family dwelling |
20,000
sq. ft. MLA |
25
ft front |
40
ft. |
|
|
|
|
Public/Central
water and sewer |
2,000
sq. ft. ADU |
12
ft. side (exterior only) |
[[ 21 ]] |
|
|
|
|
|
20
ft. rear |
|
|
|
|||||
|
& |
5.
Condominium |
|
|
|
|
|
|
|
Public/Central
water and sewer |
20,000
sq. ft. area for the parcel containing the condominium |
25
ft. front 12
ft. side (exterior only) |
40
ft. |
|
|
2,000
sq. ft minimum area per condominium unit |
30
ft. rear |
[[ 21 ]] |
||
* Subject
to Section
9.2
NOTE: All detached accessory structures under 144
square feet in size - 6' setback.
** The
balance square footage between the ADU and the MLA shall not include land
set aside in a Sensitive
Natural
Area, Buffer
to a Sensitive
Natural
Area, land
qualifying as Hillside development or a 100 Year Flood Plain. [[printed
book says 6,000 ADU, 10,000 MLA, as shown here. Zoning Administrator Raco says
true rules are 10,000 ADU, 6,000 MLA]]
&5.4(c) Commercial Services in Residential
Developments
Commercial services may be included in a residential development providing the commercial
uses
are intended to serve the residential community proposed and shall relate
well to residential
areas in terms of pedestrian and vehicular circulation. The gross area for commercial
uses
shall not exceed 5 acres or 10 percent of the gross tract area, whichever is
less. Commercial
uses
shall not be built or established prior to the residential development except that they may
be built in phases consistent with phasing of the residential construction. These uses
shall be located within the interior of the project and shall be subject to the
Neighborhood Compatibility Hearing process as outlined in Article 7 of this
Ordinance. Any proposed commercial use that is served from a road that is located on the
perimeter of the project or on a State Road shall be subject to the entire Development
Review Process.
&5.4(d) Access to Commercial or Light Industrial
Uses
Commercial or Light Industrial uses (1) will not use adjacent residential roads for through
traffic and (2)
will connect to principal
and major arterial highways as directly as feasible considering
access restrictions.
Section 5.5 Design
Standards for Multi-family
Dwellings
(a) Common open space shall be oriented to
the interior of the development and shall consist of land suitable
for passive and active recreational use. No more than 50 percent of land
dedicated to recreational use shall be within the 100 year floodplain.
(b) Impermeable surface coverage for
interior streets, parking areas, and residential structures shall not exceed fifty
(50) percent of the gross land area.
(c) Asphalt or concrete walkways of a
minimum width of four (4) feet shall provide access from bus waiting
areas, recreational land, tot lots and parking areas.
(d) All on-site utilities and dumpsters shall
be effectively screened.
(e) Tot lot or play areas shall be
centrally located in areas convenient to residential buildings and at least
twenty-five (25) feet from any street right-of-way.
Section 5.6 Industrial-Commercial
District
The purpose of this
district is to provide locations for manufacturing, processing, and commercial
uses
which may require extensive transportation and central or public water and
sewer services. It is not the purpose of this district to encourage the use
of land
within the district for retail services; however, it is anticipated that there
may be areas or locations where retail services can be reasonably and logically
considered due to their relationship with other uses existing within the
district, as well as their relationship with the district boundary line or the
configuration of the property and the relative scale of the project.
5.6 (a) Principal
Permitted
Uses
(1) Uses of a light or heavy industrial
use
(2) Commercial uses
(3) Industrial related accessory
uses
including residential
dwellings
including a mobile
home on site for a caretaker or watch keeper.
5.6 (b) The
following uses
shall be evaluated by the Development Review System and shall not be
located less than 1000 feet from any Residential property line or property listed on
the National and State Historic Register/Survey.
(1) Bituminous concrete
mixing and recycling plants
(2) Concrete and ceramic
products manufacture, including ready mixed concrete plants
(3) Petroleum products
refining or storage above ground in tanks; provided, that all state and federal
laws, as well as National Fire Underwriters Codes, are adhered
(4) Commercial sawmills
(5) Salvage yards, subject
to the Jefferson County Salvage Yard Ordinance
(6) Garbage or dead animal
reduction or processing
(7) Slaughterhouses,
stockyards
(8) Acid or heavy chemical
manufacturer, processing or storage
(9) Cement or lime manufacture
(10) Explosive manufacture or storage
(11) Foundries and/or casting facilities
(12) Mineral extraction, mineral processing
5.6 (c) Height
Regulations
No structure shall
exceed seventy-five (75) feet in height except as provided in Section
9.2.
&5.6(d) Yard Requirements as follows: (These
yard requirements are also for an approved commercial or industrial use proposed for any other zone.)
(1) Front yard building
setback
Commercial sites - 25 feet
Industrial sites - 50 feet
(2) Side yard building
setback
Commercial sites greater than 1.5 acres - 50 feet
Commercial sites 1.5 acres and smaller - 25 feet
Industrial sites - 50 feet
(3) Rear yard building
setback
Commercial sites greater than 1.5 acres - 50 feet
Commercial sites 1.5 acres and smaller - 25 feet
Industrial sites - 50 feet
(4) Parking, Driveway and
Internal Access Drive Front Setbacks
Commercial sites greater than 1.5 acres - 15 feet
Commercial sites 1.5 acres and smaller - 15 feet
Industrial sites - 25 feet
(5) Parking, Driveway and
Internal Access Drive Side and Rear Setbacks
Commercial sites greater than 1.5 acres - 10 feet
Commercial sites 1.5 acres and smaller* - 4 feet
Industrial sites* - 25 feet
* Driveways and
Internal Access Drives Only
Parking must abide
by buffer
requirements.
^ (6) Compliance with Sections 4.11 and 5.8.b. 2-10
^ (7) Distance Requirements
a. Commercial
shall comply with Section 4.6(b)
b. Industrial
shall comply with Section 4.6(a)
5.6 (e) Lot area
A minimum lot
size of three acres shall be required for any industrial use unless the site is located in
an approved Industrial
Park.
5.6 (f) Site
Plan Requirements
All uses
must be in compliance with Article 11 of the adopted Subdivision Ordinance and
Articles 4, 5, 10 and 22 of this Ordinance.
5.6 (g) Commercial
and Industrial
Design
Standards
(1) Commercial Design Standards
(a) Landscaping, screening, buffer
yards, and setbacks
for commercial
development
are subject to Section
4.11.
(b) Impermeable site coverage (parking
areas, building
areas and other paved surfaces) shall not be greater than 80% of the gross area
of the site.
(c) Adequate provision shall be made for
storage and collection of refuse. Refuse containers are subject to Section
4.11e.
(d) Permeable areas of the site shall be
planted with ground cover, shrubs and trees.
(e) All off-street parking areas which are
paved with an impermeable surface and which have an area of 10,000 square feet
and greater shall have a minimum of five (5) percent of the total impervious area of the parking lot.
(f) Lighting shall be provided for all
parking areas which will receive night use. Such lighting shall be directed to the
parking area and be shielded to prevent adverse glare on adjacent public highways,
streets and properties.
(2) Industrial
Design
Standards
(a) Impermeable site coverage (parking
areas, building
areas and other paved surfaces) shall not be greater than 90% of the gross area
of the site.
(b) Adequate provision shall be made for
storage and collection of refuse, subject to Section 4.11e.
(c) Permeable areas of the site shall be
planted with ground cover, shrubs or trees if subject to Section
4.6.
&5.6(h) Design Standards For Jails, Prisons and/or Penal
Institutions
(a) All jails shall have direct access to
a primary road
as defined by the Jefferson County Comprehensive Plan.
1. Such road shall have a level of
service no worse than Level C.
(b) No residential subdivisions,
schools, churches or institution for human care shall be within 2000' of the
subject property. However, this does not prevent such use from locating within 2000' of
a jail or prison or penal institution.
(c) SETBACKS
1. Front - 1,000 Feet
2. Sides - 1,500 Feet
3. Rear - 1,500 Feet
$ Section 5.7 Rural District
The purpose of this district is to provide a
location for low density single family residential development in conjunction with
providing continued farming activities. This district is generally not intended
to be served with public water or sewer facilities, although in situations
where the Development
Review System is utilized, it may be. A primary function of the low density residential
development
permitted
within this section is to preserve the rural character of the County and the agricultural
community. All lots
subdivided in the Rural District are subject to Section 5.7d Maximum Number of Lots
Allowed. The Development
Review System does allow for higher density a Conditional use Permit is issued.
5.7 (a) Principal
Permitted
Uses
^ (1) Agriculture as defined in Article 2; provided
any building
or feeding pens in which farm animals are kept shall comply with distance
requirements specified in Section 4.6. Also, any buildings used to store manure shall comply
with distance requirements specified in Section 4.6(a).
! (2) Churches and private or public
elementary, middle or secondary schools and educational facilities for
adults.
(3) Single family dwelling,
including mobile
homes provided that they are utilized as single family dwelling units
on the minimum lot
size specified in Section 5.15
$ (4) Home Businesses as specified in Articles 2 and 4A
(5) Private riding stables
(6) Child or elderly care
facilities with [four] six (6) or less individuals
(7) Fire stations, ambulance
and rescue squads, publicly supported
(8) Fish, game, or poultry
hatchery
(9) Forestry
(10) Library, museum, or similar institution of
a noncommercial
nature
$ (11) Markets for the sale of farm products, and products
incidental to farm products; provided that floor area does not exceed 1,500
square feet, a front yard setback of fifty feet (50) from the street
right-of-way
be maintained, and off street parking be provided
(12) Horticultural nurseries and commercial
greenhouses
(13) Hospital
(14) Public utilities uses, specified in Section
4.7
(15) Accessory buildings and uses customarily incident to any principal
permitted
uses
(16) Group residential facility
^ (17) Bed and Breakfasts (no more than 2 bedrooms) subject to Section
9.8.
$ (18) Publicly owned facilities
$ (19) Two family dwellings provided one unit is owner occupied
[ (20) Wireless telecommunications facilities pursuant
to Article 4B.
! (20) Horse breeding and/or boarding
[[1999
amendment accidentally specified an additional item (20)]]
! (21) Equestrian riding/training facility
! (22) Model homes/sales office (pursuant to
Section
4.18)
5.7 (b) Minimum
Lot area,
Lot
Width and Yard Requirements
& Minimum lot sizes, lot width, and yard requirements are
as follows for principal
permitted
uses.
For any residential
use
that complies with the Development Review System, the setbacks
and lot
shall be as outlined in Article 5.4(b).
|
|
|
Lot |
Front Yard |
Side Yard |
Rear Yard |
|
|
Lot area |
Width |
Depth |
Depth |
Depth |
|
Dwellings |
40,000 sq. ft. |
100 |
40 |
15 |
50 |
|
Churches |
2 acres |
200 |
50 |
50 |
50 |
|
Schools, Grades K-4 |
10 acres + |
500 |
100 |
100 |
100 |
|
Schools, Grades 5-8 |
20 acres + |
500 |
100 |
100 |
100 |
|
Schools, Grades 9-12 |
30 acres + |
500 |
100 |
100 |
100 |
|
Hospitals |
10 acres |
500 |
100 |
100 |
100 |
|
Other permitted uses |
40,000 sq. ft. |
100 |
40 |
50 |
50 |
+ Plus one (1) additional acre for every
100 pupils. Minimum lot size for Vocational Schools shall be based
on State of West Virginia Code. If a sewer treatment plant and retention ponds
are required, acreage shall be increased accordingly.
5.7 (c) Height
Regulations
No structure shall
exceed thirty-five (35) feet in height except as provided in Section
9.2.
$5.7(d) Maximum Number of Lots Allowed
All parcels of land
that were on record as of October 5, 1988 are entitled to subdivide for single
family detached
residences based on Subsections 5.7(d)1, 5.7(d)2 or 5.7(d)3 below. A property owner may use a
combination of these subsections, provided that the number of lots
are prorated by density.
5.7 (d) 1. A property owner may create one (1) lot
for every ten (10) acres with a minimum lot size of three (3) acres.
a. Acreage shall be computed using
existing acreage at the time application is submitted. Total acreage does not
include acreage which was subdivided off of present parent parcel between
October 5, 1988 and time of application.
5.7 (d) 2. Clustering
5.7 (d) 2 a. Purpose
and Intent
1. To encourage the conservation of
farmland in the Rural Zoning District by planning the residential development allowed in the zone
to provide for the best obtainable siting, access and location of lots
on a tract.
2. To provide for a well planned development
while minimizing the use of prime agricultural land.
5.7 (d) 2 b. Requirements
1. A property owner may subdivide one (1) lot
for every fifteen (15) acres he/she owns.
a. Acreage shall be computed using
existing acreage at the time application is submitted. Total acreage does not
include acreage which was subdivided off of present parent parcel between
October 5, 1988 and time of application.
2. Minimum lot size shall be 40,000 square
feet.
3. Setbacks shall be 25' front, 12' sides and 20'
rear.
4. All clusters of three (3)
or more lots
shall be served by an internal road pursuant to Article 8 of the Subdivision
Ordinance.
5. Clusters of three (3) or more shall not be along
an existing public road.
6. A property owner may transfer rights
to contiguous parcels which are owned by the same entity.
5.7 (d) 2 c. Procedures
1. Concept Plan. For the subdivision of
tracts eligible for cluster lots, a concept plan shall be submitted to the
Planning Commission
showing all standard and potential cluster rights to determine the feasibility of
subdivision rights for the original tract(s) of land. The plan shall be prepared
in accordance with a "sample" cluster plan and show the following:
a. The lot layout (scale no smaller than
one (1)
inch equals one hundred (100) feet) including building restriction lines and
appropriate dimensions
b. Street layout
c. Vicinity map (scale no smaller than
one (1)
inch equals two thousand (2000) feet) showing the tract(s) and total acreage
included within the plan
d. Topography with minimum ten-foot
contours (USGS Topo, interpretation is permitted for concept plan)
e. Development rights table indicating acreages
and development
rights, both standard and cluster, for each tract and the total
f. Soils data for the cluster
area and the remaining farmland
5.7 (d) 2 d. The
Planning Staff
will review the cluster
plan, prepare a report and submit it to the Planning Commission within thirty (30)
days of original submittal.
5.7 (d) 2 e. The
Planning Commission
will have final approval over the location layout of the proposed clustering
of lots.
The Planning Commission
shall consider the following when reviewing concept plans:
1. Soils: The cluster plan should minimize the use of
the higher quality soils (c)lass I, II and III as designated in the soils
classification study) and maximize the use of steeper sloped areas, areas of poorer
soils and areas which are otherwise less productive for agricultural uses.
2. Surrounding land use and zoning: The cluster
plan shall consider the existing land uses and zoning in the vicinity. Generally, new
lots
which are adjacent
to existing development
or residential
zoning are preferred to creating an isolated cluster of new houses.
5.7 (d) 2 f. Concept
plan approval shall become null and void at the end of one year from the date
of approval unless a Community Impact Statement is submitted.
5.7 (d) 2 g. If
the concept plan is approved by the Planning Commission, the developer may
then proceed with platting of the clustered development in accordance with
the subdivision regulations and the approved concept plan. The plat
shall bear a statement indicating "The land lies within an approved
rural cluster
development
and no further subdivision of the remaining land is permitted unless the property is
placed in another zone or further subdivision is allowed by ordinance or
regulation".
5.7 (d) 3. Not in addition to subsections 5.7(d)1 and
5.7(d)2
above, any property that was a lot of record as of October 5, 1988 may create
3 total lots
(including the residue) during any five year period. Applications which exceed
this number during any five year period shall be processed utilizing the Development
Review System. Subdivisions involving transfers of land between parent and child
shall not be subject to this section. All lots that qualify under this section must meet
subdivision requirements. Only the residue or parent parcel may qualify under
this provision once the original subdivision takes place. Parent to child or
child to parent lots
are not entitled to further subdivide except as another parent to child or
child to parent transfer.
5.7 (d) 4. Once the maximum number of lots
are created under 5.7(d), the property cannot be further subdivided
unless the Ordinance is amended to allow such.
+ Section 5.8 Residential/Light Industrial/Commercial District
The purpose of this district is to guide the
high intensity growth into the perceived growth area.
5.8 (a) Principal
Permitted
Uses
1. Uses of light industrial
2. Commercial uses
3. Single family detached dwelling units
4. Duplexes
5. Townhouses
6. Multi-family dwelling units
7. Mobile home parks
! 8. Private or public elementary,
middle or secondary schools, colleges, hospitals and educational facilities
for adults.
9. Churches and other places of worship
10. Child care centers
11. Public utility buildings
12. Public buildings and public service buildings
13. Accessory uses
14. Group residential facility
15. Nursing or retirement home
! 16. Model home/sales office (pursuant
to Section
4.18)
5.8 (b) Standards
5.8 (b) 1. WATER USE LIMITS. Industrial
Uses
permitted
in this district shall be of types that require daily water use
of no more than 0.25 gallons per gross square feet of floor space.
5.8 (b) 2. NOISE. All noise shall be
muffled so as not to be objectionable due to intermitting, beat frequency, or
shrillness. Noise levels shall not exceed the following sound levels dB(a). The
sound-pressure level shall be measured at the property line with a sound level
meter.
|
Sound Measured In |
DAY 7 AM - 6 PM |
NIGHT 6 PM - 7 AM |
|
Adjoining Agricultural or Residential Growth District |
60 db(a) |
50 db(a) |
|
Residential Uses in R.L.C District |
65 db(a) |
55 db(a) |
|
Commercial Uses |
70 db(a) |
60 db(a) |
|
Light Industrial Uses adjacent to noise source |
85 db(a) |
80 db(a) |
The following
sources of noise are exempt:
(a) Transportation vehicles not under the
control of the industrial
use.
(b) Occasionally used safety signals, warning devices, and
emergency pressure relief valves.
(c) Temporary construction activity
between 7:00 a.m. and 7:00 p.m.
5.8 (b) 3. ODOR. No operation shall
result in the creation of odors of such intensity and character as to be
detrimental to the health and welfare or the public or which interferes with
the comfort of the public. Odor thresholds shall be in accordance with ASTM
d139-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution
Method)" or its equivalent.
Odorous material
released from any operation or activity shall not exceed the odor threshold
concentration beyond the lot line, measured either at ground level or
habitable elevation.
5.8 (b) 4. SMOKE. No smoke, dust, fumes,
or particulate matter shall be perceptible at any lot line. Further, the
regulations and standards governing the control of air pollution shall be the
same as those adopted by the State of West Virginia.
For the purpose of
grading the density or equivalent capacity of smoke, the Ringelman Chart as
published by the United States Bureau of Mines shall be used.
The emission of
smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening, or
combustion process is prohibited.
The total emission rate
of dust and particulate matter from all vents, stacks, chimneys, flues or other
opening or any process, operation, or activity except solid waste incinerators
within the boundaries of any lot, will not exceed the levels set forth
below.
Particulate matter
emission from materials or products subject to becoming windborne will be kept
to a minimum by paving, sodding, oiling, wetting, covering or other means, such
as to render the surface wind resistant. Such sources include vacant lots,
unpaved roads, yards and storage piles or bulk material such as coal, sand,
cinders, slag, sulfur, etc.
AMBIENT AIR QUALITY
STANDARD
Particulate Matter
Suspended
Annual Arithmetic Mean ug/m - 65
24-hour Maximum b, ug/m - 140
Settleable
Annual Arithmetic Average, mg/cm/month - 0.35
Monthly Maximum - 0.7
5.8 (b) 5. VIBRATION. No vibration shall
be produced which is transmitted through the ground and is discernible without
the aid of instruments at any point beyond the lot line nor shall any vibration
produced exceed 0.002g peak measured at or beyond the lot line using either seismic or
electronic vibration-measuring equipment.
5.8 (b) 6. GLARE AND HEAT. No direct or
sky-reflected glare,
whether from floodlights or from high temperature processes, such as combustion
or welding or otherwise, so as to be visible at the lot line, shall be permitted.
There shall be no emission or transmission of heat or heated air so as to be
discernible at the lot line.
5.8 (b) 7. TOXIC MATTER. The ambient air
quality standards for the State of West Virginia shall be the guide to the
release of airborne toxic materials across lot lines. Where toxic materials are not listed
in the ambient air quality standards of the State, the release of such
materials shall be in accordance with the fractional quantities permitted
below, of those toxic materials currently listed in the threshold limit values
adopted by the American Conference of Governmental Industrial Hygienists. Unless
otherwise stated, the measurement of toxic matter shall be at ground level or habitable
elevation, and shall be the average of any twenty-four (24) hours sampling
period.
The release of
airborne toxic matter will not exceed one-thirteenth of the threshold limit
value across lot
lines.
Such materials
shall include but are not limited to: all primary explosives such as lead
azide, lead styphnate, fulminates and tetracene; all high explosives such as
TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof, such
as dry nitrocellulose, black powder, boron hydrides, hydrazine and its
derivatives; pyrotechnics and fireworks such as acetylides, tetrazoles and
ozonides; unstable oxidizing agents such as perchloric acid, perchlorates, and
hydrogen peroxide in concentration greater than thirty-five (35) per cent; and
nuclear fuels, fissionable materials and products, and reactor elements such as
Uranium 235 and Plutonium 239.
The storage,
utilization or manufacture of materials or products which decompose by
detonation is prohibited.
5.8 (b) 8. FIRE HAZARDS. The storage,
utilization or manufacture of solid materials which are active to intense
burning shall be conducted within spaces having fire resistive construction of
no less than two (2) hours and protected with an automatic fire
extinguishing system.
The total capacity
of flammable liquids and gasses shall not exceed those quantities permitted
in the following Table for each of the industrial districts:
STORAGE CAPACITY
Liquids - 60,000 gallons
Gases - Above ground - 150,000 SCF+
Below Ground - 300,000 SCF+
+ SCF - Standard Cubic
Feet at sixty (60) degrees Fahrenheit and 29.92 inches Mercury
The following setback
requirements will apply to the location of any container which holds flammable
liquids or gases:
Container
Setback
from Lot lines
|
Water Capacity per Container |
Containers |
Containers |
Between Above Ground |
|
(Gallons) |
Underground (feet) |
Above Ground (feet) |
Containers (feet) |
|
|
|
|
|
|
0 to 2,000 |
25 |
25 |
6 |
|
2,000 to 30,000 |
50 |
50 |
5 |
|
30,000 to 60,000 |
50 |
75 |
|
|
In excess of 60,000 |
75 |
100 |
1/4 the sum of diameters of adjacent containers |
5.8 (b) 9. FRONTAGE ROAD. Easements or fee simple
dedications will be provided along all limited access highways at the site plan or
subdivision phases. Said easement/dedication shall not exceed 60 feet in
width. The width may vary but must be adequate for extension, continuation or
establishment of a minimum 20' wide paved frontage road.
5.8 (b) 10. LANDSCAPE BUFFER. A fifty (50) foot
wide landscape buffer
strip will be provided along all limited access highways. Said buffer
shall be adjacent
to the frontage
road.
In the case where existing roads not adjacent to controlled access highway
serve as frontage
road
the landscape buffer
may be placed against the highway right-of-way.
All front set backs
(building
and parking lot)
are to be measured from the landscape buffer. (See sketch)
|
+++ |
++ |
+ |
ROW
LIMITS OF CONTROLLED |
+ |
++ |
+++ |
|
|
|
+ Maximum 60' easement or dedication for frontage
road |
||||
|
|
++ 50' landscaped buffer strip |
|
|
|
||
|
+++ Setbacks |
|
|
|
|||
& This provision shall also apply to
any ramps or access roads connecting to a controlled access highway
within 1/2 mile of a controlled access highway.
5.8 (b) 11. OTHER REGULATIONS. All sections
of this ordinance applying to the residential growth district with the exception
of Section
5.4 (a)
will apply to residential
uses
in this District.
^& All commercial uses must conform with the commercial
design
standards and yard requirements cited in Sections 5.6(d)1-6 and 4.6(b). All industrial uses must conform with the Industrial
Design
Standards and yard requirements cited in Sections 5.6(d)1-6 and 4.6(a). Either use must be in compliance withe
site plan requirements. In addition, it must be demonstrated at Community
Impact Statement, or Site Plan Phase that traffic patterns created by Commercial
or Light Industrial
uses
(1)
will not use
adjacent
residential
roads for through traffic and (2) will connect to principal and major arterial highways
as directly as feasible considering access restrictions.
Restaurants where
the primary mode of food distribution is by pick -up counter or drive in window
and convenience stores (food stores not in excess of 10,000 square feet gross
floor area) shall be subject to Neighborhood Compatibility Process pursuant to
Article 7, Section
7.6 inclusive.
^ Proposed uses in this zone do not have to
comply with the distance requirements in Sections 4.6(a-b) if part of a master
planned community. This provision shall only apply to the internal use
of land
under the same ownership.
* Section 5.9 Site Plans
Site plans are required for all uses,
subject to Section
4.10.
$ Section 5.10 Village District
The purpose of this district is to allow
recognized villages the ability to provide low level services within their
boundaries.
a. Principal permitted uses
1. Single family dwellings
2. Duplexes
3. Two family dwellings
4. Home occupations
! 5. Fire stations, ambulance and
rescue squads, publicly supported
! 6. 1 or 2 Doctor
medical/dental/optical office
! 7. Library, museum or similar institution of a
noncommercial
nature
b. Conditional uses
1. The following uses may be approved after being
evaluated by the Development Review System (Article 7, Sections 7.3 through
7.8 inclusive). The LESA point system would not apply.
a. Cottage Industries
b. 2-chair barber/beauty shop
c. Dry cleaners
d. Video rental stores
e. Retail food stores not exceeding
1500 square feet of retail floor space
f. Churches/Houses of Worship
g. Day care centers
i. Country Inn
j. Bed and Breakfast
k. Restaurant not exceeding 2000 square
feet (primary mode of food distribution is by waiter or waitress
l. ATM or branch bank
m. Antique shop
n. Florist
! o. Takeout pizza/sandwich shops not
exceeding 600 square feet
c. Setbacks
1. Residential
a. Section 9.7
2. Commercial
a. 25' front, 10' side and 40' rear
b. Setbacks may be reduced as a result of the
compatibility meeting based on other structures existing in the neighborhood.
3. Existing Structures
a. As exists not less than 6' on sides
and rear
d. Commercial uses shall not cause any odor, dust, smoke,
vibration, noise, or electromagnetic interference, which can be detected at or
beyond the property line.
e. Proposed uses in a recognized historic
district shall obtain approval from the appropriate agency prior to processing.
f. All new commercial structures shall comply
with the site plan requirements.
g. There will be no outdoor storage of
equipment, materials, or stock.
h. Parking shall be discussed at the
compatibility meeting.
ARTICLE 6. DEVELOPMENT REVIEW SYSTEM
Section 6.1 Development
Review System (DRS)
The purpose of the Development Review System (also
referred to as DRS) is to assess a particular sites development potential based on
criteria which determine the agricultural longevity of the parcel in
combination with the presence of and compatibility with public services adjacent
and in close proximity to the site. The DRS is a numerical rating system designed
to function within the framework of the traditional zoning districts referenced
in this ordinance. All commercial uses and those uses which are not permitted
in zoning districts shall be governed by the procedures set forth in Article 7
and all sections that reference requirements to obtain a conditional use permit. It shall
be unlawful to commence construction of any commercial uses or uses which are not permitted
uses
in a zoning district without obtaining conditional use permit approval.
Section 6.2 Issuance of
a Conditional
use Permit
Application for a conditional use permit shall be
made before construction of any uses not listed as permitted uses within the appropriate
zoning district. Upon receipt of an application, the site will be evaluated by
the Planning and Zoning Staff using the Development Review System. The
two major components of the System, the Soils Assessment and the Amenities
Assessment, consist of criterion which each possess a numerical value that
is weighted relative to its importance as an indicator of a parcel's agricultural
significance or its development potential. The total numerical
value of the combined criteria is 100 points: the Soil Assessment contributes
25 points and the Amenities Assessment contributes 75 points. The
highest total numerical value of the combined criteria indicates that a parcel
is more suitable for agriculture, whereas, the lowest numerical
value indicates that development is more appropriate for the site. A
score of 60 points or less advances the application to the Compatibility
Assessment as provided in Section 7.6. A score of more than 60 points may be
evaluated by the Board of Appeals before it can be advanced to the
Compatibility Assessment Meeting Stage.
Section 6.3 The Soils
Assessment
The Soils Assessment evaluates a particular
parcel for development
based on the soil types it possesses. The following soils types will be
combined into soil groups.
Soils Type Data
|
Map Symbol |
Soil Series |
Agriculture Value Group |
|
Map Symbol |
Soil Series |
Agriculture Value Group |
|
Ad |
Alluvial |
9 |
|
DcF |
Dekalb |
10 |
|
Am |
Alluvial |
5 |
|
DgB |
Duffield |
2 |
|
As |
Ashton |
1 |
|
DgC |
Duffield |
4 |
|
BaB |
Benevola |
2 |
|
DgC3 |
Duffield |
5 |
|
BcC3 |
Benevola |
5 |
|
DgD3 |
Duffield |
9 |
|
BeC |
Benevola |
6 |
|
EdD |
Edgemont |
10 |
|
BeD |
Benevola |
7 |
|
EdF |
Edgemont |
10 |
|
BkB |
Berks |
4 |
|
FbB |
Frankstown |
3 |
|
BlB |
Berks |
6 |
|
FbC |
Frankstown |
4 |
|
BlC |
Berks-Weikert |
8 |
|
FbC3 |
Frankstown |
5 |
|
BlD |
Berks-Weikert |
9 |
|
FbD |
Frankstown |
5 |
|
BnB |
Blairton |
6 |
|
FbD3 |
Frankstown |
9 |
|
BrB |
Braddock |
3 |
|
FbE3 |
Frankstown |
10 |
|
BrC |
Braddock |
4 |
|
FcC |
Frankstown |
6 |
|
BrC3 |
Braddock |
7 |
|
FcD |
Frankstown |
7 |
|
Brd |
Braddock |
7 |
|
FcD3 |
Frankstown |
10 |
|
BrD3 |
Braddock |
8 |
|
HbB |
Hagerstown |
2 |
|
BrE |
Braddock |
8 |
|
HbC |
Hagerstown |
4 |
|
CdB |
Chilhowie |
6 |
|
HcC |
Hagerstown |
10 |
|
CdC |
Chilhowie |
8 |
|
HeC3 |
Hagerstown |
5 |
|
CeC3 |
Chilhowie |
9 |
|
HfB |
Hagerstown & Frederick |
3 |
|
ChC |
Chilhowie & Opequon |
8 |
|
HfC |
Hagerstown & Frederick |
4 |
|
ClC3 |
Chilhowie & Opequon |
10 |
|
HgB |
Hagerstown & Frederick |
6 |
|
ClD3 |
Chilhowie & Opequon |
10 |
|
HgC |
Hagerstown & Frederick |
6 |
|
CmD |
Clifton |
8 |
|
HgD |
Hagerstown & Frederick |
8 |
|
DcC |
Dekalb |
6 |
|
HhC3 |
Hagerstown & Frederick |
5 |
|
DcD |
Dekalb |
8 |
|
HlhC3 |
Hagerstown & Frederick |
9 |
|
DcE |
Dekalb |
9 |
|
HlD3 |
Hagerstown & Frederick |
10 |
|
Map Symbol |
Soil Series |
Agriculture Value Group |
||||
|
Hn |
Huntington |
2 |
||||
|
Ho |
Huntington |
1 |
||||
|
LaC |
Laidig |
5 |
||||
|
LaD |
Laidig |
7 |
||||
|
LbC |
Laidig |
9 |
||||
|
LbD |
Laidig |
9 |
||||
|
Lf |
Landes |
2 |
||||
|
Ln |
Lindside |
3 |
||||
|
Lo |
Lindside |
3 |
||||
|
Ma |
Marl |
10 |
||||
|
Me |
Melvin |
6 |
||||
|
MhB |
Monongahela |
3 |
||||
|
Qu |
Quarries |
10 |
||||
|
SrF |
Steep |
10 |
||||
|
WeC3 |
Weikert |
9 |
||||
|
WeD3 |
Weikert |
10 |
||||
|
WeF |
Weikert |
10 |
||||
|
|
|
|
||||
& The points for the soils assessment are
computed as follows:
1. Determine the area of each soil type
on the property according to the map symbols.
2. Multiply the soil type areas times
the Relative Value for the soil type taken from the List of Soil Groups and
Relative Values.
3. Sum the products of the
multiplication of Area times Relative Value to obtain a total for the property.
4. Divide the total of the
multiplication products by the Total Area of the property to obtain the
Weighted Relative Value.
5. Multiply the Weighted Relative Value
times the 25 Soil Assessment Points. Then divide the product by 100 to obtain
the allowable number of Soil Assessment Points.
& Soil groups take into account a rating
of best and worst individual soil types. The following 10 soil groups have been
developed from the Jefferson County Soil Survey and have been assigned relative
values based on their agricultural productivity.+
LIST OF SOIL GROUPS AND RELATIVE
VALUES
Agricultural
Group Land
Capability Unit Relative
Value
1 I 100
2 II 94
3 II 87
4 II
and III 81
5 III
and IV 68
6 III
and IV 61
7 IV
and VI 50
8 IV
and VI 31
9 VI 4
10 VII,
VIII and other 0
The soil groups and their corresponding
values will be incorporated into a work sheet to be used to evaluate each sites
potential agricultural
value.
+ The development of soil groups have been determined
using corn as an indicator crop.
Section 6.4 Amenities Assessment
The amenities assessment of the Development
Review System provides indicators of a site's agricultural viability or its development
potential. The following criterion are weighted with a high numerical value
assigned if the site is more agriculturally viable and a low numerical value
assigned if development
would be more appropriate for the parcel. The compatibility assessment meeting
is procedurally described in Section 7.6.
|
Criterion |
Criterion Weight |
|
(a) Size of site |
6 (12) pts. |
|
(b) Adjacent development |
10 pts. |
|
(c) Distance to Growth Corridor |
6 pts. |
|
(d) Comprehensive Plan Compatibility |
8 pts |
|
(e) Proximity to Schools |
12 (0) pts. |
|
(f) Public Water Availability |
11 pts |
|
(g) Public Sewer Availability |
11 pts |
|
(h) Roadway Adequacy |
6 (12) pts. |
|
(i) Emergency Service Availability |
5 pts. |
%6.4(a) SIZE
OF SITE (6 pts.) This criterion reflects the importance of preserving large
blocks of land
as a primary goal of agriculture preservation, therefore, acreage
shall be contiguous. For nonresidential projects, the points are doubled:
(12), (10), (8),
(6),
(4),
(2),
(0).
|
Acreage |
Points |
|
200 or more acres |
6 (12) |
|
100-200 acres |
5 (10) |
|
75-100 acres |
4 ( 8) |
|
50-75 acres |
3 ( 6) |
|
25-50 acres |
2 ( 4) |
|
11-25 acres |
1 ( 1) |
|
10 acres or less |
0 ( 0) |
^6.4 (b) ADJACENT DEVELOPMENT (10 points) This criterion assesses
a combination of the percentage of land in actual agricultural use (including timber or pasture land)
and percentage of adjacent land that does not indicate that there is development
pressure. intense development pressure includes more than a 5 lot
subdivision and commercial
or industrial
uses.
An average of the two will yield a percentage of land adjacent to the property that is
either farmed or not intensely developed.
|
Percent of land |
Points |
|
86-100 |
10 |
|
76-85 |
8 |
|
61-75 |
6 |
|
51-60 |
4 |
|
41-50 |
2 |
|
26-40 |
1 |
|
0-25 |
0 |
6.4 (c) DISTANCE TO GROWTH CORRIDOR (6 points)
The distance to the growth corridor relates to the distance of the subject
parcel to the boundaries of the Residential-Growth District adopted within this
ordinance.
|
Distance |
Points |
|
Greater than one mile |
6 |
|
Greater than .75 mile |
4 |
|
Greater than .50 mile |
2 |
|
Greater than .25 mile |
1 |
|
Less than .25 mile |
0 |
6.4 (d) COMPREHENSIVE PLAN COMPATIBILITY (8
points) This criterion shall determine whether site development is supportive or has
a negative impact on the following elements of the Comprehensive Plan:
Proximity of the site to the Highway Problem Areas (4 points), Compatibility
of site development
with designated parks, historical and recreational areas (2 points), and land use
policies and recommendations (2 points).
|
|
Points |
|
Site development has a negative impact on element |
2+ |
|
Site development is not supported or against element of the Plan |
1+ |
|
Site development has a supportive effect on element |
0+ |
|
+ Points value awarded should be doubled for the Highway Problem Area Element. |
|
%6.4 (e) PROXIMITY TO SCHOOLS (12 points) The
purpose of assessing the proximity of schools to new development is to avoid excessive
busing of students. Since nonresidential development has virtually no
effect on school proximity, the twelve (12) point total normally assigned to
this category shall be reapplied to size of site (Section 6.4(a)) and roadway adequacy (Section
6.4(h)).
The application of these points shall be outlined in those sections. An average
of distances for elementary, middle, and high schools shall be computed.
|
Distance |
Points |
|
Site located less than 7 miles from facility |
12 |
|
Site located less than 6 miles from facility |
9 |
|
Site located less than 5 miles from facility |
7 |
|
Site located less than 4 miles from facility |
5 |
|
Site located less than 3 miles from facility |
3 |
|
Site located less than 2 miles from facility or/ |
0 |
|
Development located within the Residential-Growth Area |
0 |
6.4 (f) PUBLIC WATER AVAILABILITY (11 points)
This criterion assesses the availability of existing public water service with
available capacity that is approved by the County Health Department and/or
Public Service District to the site at the time of the development proposal application.
If there is no public water available, a
central water system or private well/wells can be used. The value for a proposed
central water system is assigned to the development application recognizing that the
system with adequate capacity to serve the development will be approved by the Public
Service District, County Health Department and the Department of Natural
Resources before preliminary plat or site plan approval occurs. If neither a
public or central water system is available, the point value for a private
well/wells must be assigned.
Availability Points
$ Existing
Public Water is Available or public water will be built to the site 0
Central Water is
Proposed 3
Private Well/Wells
must be Utilized 11
6.4 (g) PUBLIC SEWER AVAILABILITY (11 points) This
criterion assesses the availability of existing public sewer service with
available capacity that is approved by the County Health Department and/or
Public Service District to the site at the time of the development proposal application.
If there is no public sewer service available, a central sewer system or
private sewer disposal system can be used. The value for a proposed central sewer
system is assigned to a development application recognizing that the
system with adequate capacity to serve the development will be approved by the Public
Service District, County Health Department and the Department of Natural
Resources before preliminary plat or site plan approval occurs.
If neither a public or central sewer system
can be utilized, assign the point value for a private sewer disposal system.
Availability Points
$ Existing
Public Sewer Service is available or public sewer will be built to the site 0
Central Sewer
Service is Proposed 3
Private Sewer
Disposal System must be Utilized 11
%6.4 (h) ROADWAY ADEQUACY (6 points) Point
values for this criterion are assigned based on the designation of the adopted Highway
Classification system. Section 6.4(d) evaluates the operational proximity of the
site to designated highway problem areas. For nonresidential
projects the points are doubled to; (12), (6), (0).
|
Designation |
Points |
|
Local Service |
6(12) |
|
Secondary |
3( 6) |
|
Primary |
0( 0) |
6.4 (i) EMERGENCY SERVICE AVAILABILITY (5 points)
The purpose of this criterion is to assess the distance of potential site development
to emergency services: fire department (2.5 points) and ambulance service (2.5
points).
|
Distance to fire department |
Points |
|
Distance to ambulance service |
Points |
|
Greater than five miles |
2.5 |
|
Greater than five miles |
2.5 |
|
Between two and five miles |
1.0 |
|
Between two and five miles |
1.0 |
|
Less than two miles |
0 |
|
Less than two miles |
0 |
Section 6.5 Computation
of Soils/Amenities
Assessment
(a) At the completion of evaluation of a
site with the Soils and Amenities Assessment Criteria, there should be
a total number of points awarded to each Assessment. Since the Soils Assessment
utilized was based on a 100 points relative point value in itself, a minor
conversion must be made to the total relative value. The Development Review System allots
a maximum of 25 points to the Soils Assessment therefore the conversion to be
made is expressed as follows: 100 x .25 = 25 pts. (For example, if a parcel
receives the maximum point value of 100 points, in actuality only 25 points
will be awarded for the Soils Component of the Development Review System.)
(b) The Amenities Assessment has a 75
point maximum point value.
(c) The combined maximum total for both
Assessments is 100 points. The most agriculturally significant parcel would rate
100; the most developable parcel would rate 0. A total of less than 60 points
advances the application to the Compatibility Assessment Meeting.
(d) The Soils Assessment of a proposed development
is not applied when the development proposal is located within the Residential/Growth
District or the IndustrialCommercial
District.
ARTICLE 7. PROCEDURAL REQUIREMENTS FOR REVIEW
Section 7.1 Purpose
The Procedural Requirements section of the
Ordinance details the procedures to review development utilizing the zoning district
regulations and/or the Development Review System. All plans and development
approved shall comply with the standards contained in this Article. Uses
that are permitted
within a Zoning district may be submitted with an application for a Site Plan
subject to Section
4.10.
Section 7.2 Zoning
District Principal
Permitted
Uses
(a) All uses listed as principal
permitted
uses
within a zoning district shall be developed subject to adopted Subdivision and
Site Plan regulations.
Section 7.3 General Development
Review System Requirements
(a) If a developer's proposal is not
listed as a principal
permitted
use
in a zoning district, he must submit a Development Review System application for his
project subject to the requirements of Section 7.4.
(b) Filing an application with the
Planning and Zoning Staff is the first of several stages within the
Development
Review System. Those stages are listed below.
(1) Filing the application
(2) Planning and Zoning Staff
Evaluation of the Development Review System
(3) Compatibility
Assessment Meeting
(4) Public hearings
* (5) Planning and Zoning Commission's Decision on the issuance or denial
of the Conditional
use Permit
* (6) Board of Appeal's decision on any appeal
processed
Section 7.4 Filing the
Application
^+*(a) The owner or the owner's agent proposing to
develop land
that is not a principal
permitted
use
in the district where it is located shall consult with the Jefferson County
Planning Staff.
Fifteen (15) copies of a sketch plan detailing the project shall be submitted
with an application and fifteen (15) copies of the support data, that will
enable the project to be evaluated by the Development Review System, at least ten (10)
days prior to the scheduling of a Compatibility Assessment Meeting. The
Compatibility Assessment Meeting will occur within thirty (30) days from the
date that the Compatibility Assessment Meeting was scheduled by the staff.
This time frame allows the Staff ten (10) days to review the application
for completeness and collect the application fee before the Compatibility
Assessment Meeting is scheduled and provides time for the adjacent and confronting property owners to
review the application and receive any technical advice they would like to
secure before the meeting. Copies of the application, sketch plan, and development
review data shall be available for public review in the Planning Office at such
time as the proposed development is advertised in the newspaper.
(b) The sketch plan shall include the
entire original parcel as it appeared on the date this ordinance took effect.
The property proposed for development shall be drawn to a reasonable
scale (eg. 1" = 50', 1" = 100', or 1" = 200'). The sketch plan
shall show, in simple form, the proposed layout of lots, parking areas, recreational
areas, streets, building
areas, and other features in relation to each other and to the tract boundaries.
Contour lines, as shown on the appropriate U.S.G.S. Topographic Quadrangle Map,
should be superimposed on the sketch plan. The source of all contour lines
shall be noted on the plan. Natural features such as woods, watercourses,
prominent rock outcroppings, sinkholes and quarries shall be delineated.
(c) The sketch plan should be accompanied
by a tract location map; a soils report indicating the soil types on the parcel
and a map delineating the boundaries of each soil type; and the necessary support
data, to evaluate the site by the Development Review System, listed below.
(d) Support Data
(1) Name and address of
owner/developer.
(2) Name and address of
contact person.
(3) Type of development
proposed.
(4) Acreage of original
tract and property to be developed.
(5) General description of
surface conditions (topography).
(6) Soil and drainage
characteristics.
(7) General location and
description of existing structure.
(8) General location and
description of existing easements or rights-of-way.
(9) Existing covenants and restrictions on
the land.
(10) Intended improvements and proposed building
locations including locations of signs.
(11) Intended land uses.
(12) Earth work that would alter topography.
(13) Tentative development schedule.
(14) Extent of the conversion of farm land
to urban uses.
(15) Effected wildlife populations.
(16) Ground water and surface water and sewer
lines within 1320 feet.
(17) Distance to fire and emergency services
that would serve the site.
(18) Distance to the appropriate elementary,
middle, and high school.
(19) Traffic characteristics - type and
frequency of traffic; adequacy of existing transportation routes.
(20) Demand for school services created by
this development.
(21) Proximity and relationship to historic
structure or properties within two hundred (200) feet.
(22) Proximity to recreational facilities.
(23) Relationship of the project to the
Comprehensive Plan.
(e) The developer shall submit a list of
all property owners, and their addresses, adjacent to and confronting the property which is
to be developed.
(f) Payment of fees
Within one week of
the submittal of a Development Review System application, all
zoning fees must be paid.
$ (g) The
Zoning Administrator shall determine if the sketch plan and support data are
adequate. Once the Zoning Administrator places the advertisement in the paper,
any interested party has thirty days to appeal the inadequacies of the sketch
plan and/or support data to the Zoning Board of Appeals.
Section 7.5 Planning
and Zoning Staff
Evaluation of the Development Review System
(a) The staff will evaluate all
applications for the proposed land use in conjunction with Article 6 of this
Ordinance and all other applicable sections of the Zoning Ordinance and other
pertinent ordinances governing development in the County.
+ (b) After
staff
review and the collection of fees, the staff will notify the adjacent and confronting property owners of
the date, time, and place of the Compatibility Assessment Meeting by registered
mail and the applicant
will post the property with a sign prepared by the staff which states the requested
proposal and the date, time and place of the Compatibility Assessment Meeting.
The property shall
be posted conspicuously by a zoning notice no less than twenty-eight (28)
inches by twenty-two (22) inches in size at least twenty (20) days before the
hearing. The project shall also be advertised in a newspaper with local
circulation at least 10 days in advance.
(c) The developer shall be notified of the
particulars of the meeting. Failure of the developer to be in attendance to
present his proposal will result in an invalid application and no refund of
fees. If the application becomes invalid as a result of this section, a new
application must be submitted, subject to Section 7.4, to begin the process.
(d) A Standard Industrial Classification (SIC)
will be assigned to the proposed project. Once the classification is agreed
upon, the SIC code shall be binding. Any change of use shall be required to file an
application in accordance with Article 7.
Section 7.6 Compatibility
Assessment Meeting
(a) The Compatibility Assessment Meeting
allows the adjacent
and confronting
property owners and all other interested parties the opportunity to hear the
developer's presentation and proposal. In his presentation he will address the
compatibility of his project to the existing areas adjacent to the site. Following
the developers presentation, those who are in attendance may ask questions. Any
discussion shall be limited to the proposal's compatibility as presented rather
than whether the site should be developed by any other use. At the end of the
discussion, the staff
shall summarize the positions presented by those in attendance to determine if
his account of the issues are accurate. If the majority of those in attendance
are in agreement that the staff record is accurate, the meeting will end
and the staff
will prepare a report for the next Planning Commission meeting. If there is
need for clarification of a particular issue or issues the staff will allow additional time
for clarification before ending the meeting.
(b) During the Compatibility Assessment
Meeting, those who participate should address, but are not limited to, the
following criteria to determine compatibility of the proposed project:
(1) Adopted Federal, State
and Local regulations;
(2) Similarity of proposed development
type (residential,
commercial,
industrial,
agricultural,
etc.) to existing development types;
(3) Adequacy of roads and highways
to accommodate traffic to be generated by the development, with particular
attention to dangerous intersections designated by the State Roads Commission
or State Police;
(4) Present and future
transportation patterns in the area;
(5) Consistency with land use
plans and regulations of incorporated municipalities immediately adjacent
to the proposed development;
(6) Any variance which is
known to be required at the time of submittal;
(7) The relationship of the
proposed change to the adopted Comprehensive Plan; and
(8) All items submitted with
the application
(c) The Planning and Zoning Staff
shall monitor and record the meeting. A time limit, as referred in Section
7.7c may be imposed if there are a large number of persons to speak at a particular
meeting. The Staff
may comment on the proposed development's conformance to applicable State,
Federal and Local codes but shall primarily monitor and record pertinent issues
and concerns.
+ (d) The
Staff
shall prepare it's report of the developer's proposal, the agreed upon
conditions, and any other pertinent data and will advertise for a public
hearing of the Planning and Zoning Commission. The Board of Appeals or its
representatives may attend this hearing. A public hearing in conformance with Section
7.7 will be conducted on the application no less than 15 days but no more than
45 days from the date of the Compatibility Assessment Meeting. The Staff
report to be presented at the Public Hearing will be available to the general
public seven (7)
days prior to the advertised hearing.
+ (e) The
public hearing will be conducted by the Planning and Zoning Commission.
The Board
of Appeals, or its representative may be present. The purpose of the meeting is
to hear the staff's
report of the issues and concerns raised at the Compatibility Meeting. Any
comments relative to the validity of the staff's report should be presented at this
meeting. Concerns that have been addressed and agreed upon as accurate by the
majority of those present at the Compatibility Assessment Meeting should not be
addressed at this hearing. The hearing will be subject to Section 7.7c; however, speakers
shall be limited to resolution of issues which could not be resolved at the
Compatibility Assessment Meeting.
* (f) If
all issues raised at the Compatibility Assessment Meeting with the staff
were resolved at that meeting, there will be no Public Hearing required. At the
next Planning and Zoning Commission meeting thereafter, the Planning and
Zoning Commission
shall issue, issue with conditions, or deny the conditional use permit.
* (g) The
Planning and Zoning Commission shall issue, issue with conditions,
or deny the conditional
use permit. The Planning and Zoning Commission shall have the
authority over the issuance or denial of all development review applications.
* (h) Any
person
may appeal any decision of the Planning and Zoning Commission regarding the issuance
or denial of the Conditional use Permit to the Board of Appeals pursuant to
Article 8.
(i) Any person may appeal any decision of
the Board
of Appeals to the Circuit Court of Jefferson County subject to Article 8,
Chapter 24, Subsection 59, of the West Virginia Code, as amended.
Section 7.7 Public
Hearings for Development
Review System
(a) The Planning and Zoning Commission
Chairman or his appointed designee will preside over any Planning and
Zoning Commission
Development
Review System Public Hearing.
(b) In the event the Board of Appeals are required to
hold a Public Hearing, the Board of Appeals Chairman or his appointed designee
will preside over the hearing.
(c) All public hearings shall have time
limits allotted
to those who speak, as follows: the developer or his agent, or applicant
shall have 30 minutes for his presentation, each group who speaks may have 15
minutes, each individual that speaks is allotted 5 minutes, the developer or his agent,
or applicant
are allowed 15 minutes for rebuttal. The time limit provision within this
section may be modified by the Planning and Zoning Commission or Board
of Appeals's Chairman in the event that there are a large number of persons
to speak at a particular hearing. The Commission or Board shall announce any change
to this section at the beginning of the hearing.
(d) All public hearings shall be
advertised in a newspaper having general circulation in the County at least 15
days prior to such hearing. (c)onditional use permits are subject to Section 7.5b and Section
7.6d.)
(e) The property subject to the hearing shall
be posted at least 15 days before the date of the hearing. (c)onditional use permits are subject to Section
7.5b.)
(f) The Board of Appeals shall make a
decision no more than 30 days after the public hearing, or after the Planning Commissions
recommendations on conditional use permits.
Section 7.8 Board
of Appeals Approval of Conditional use Permit
(a) The Board of Appeals will consist of
five members to be appointed by the County Commission. Their terms of office, succession,
removal, filing of vacancies, and their powers and duties shall be provided in
Chapter 8, Article 24 of the West Virginia Code, as amended.
(b) The Board of Zoning Appeals shall:
* (1) Hear and decide appeals regarding the Planning and Zoning Commission's
issuance or denial of a Conditional use Permit.
(2) Hear and decide appeals
from and review any order, requirement, decision or determination made by an
administrative official in regard to the enforcement of this Ordinance or of
any ordinance adopted thereto.
(3) Authorize upon appeal in
specific cases such variance from the terms of the Ordinance as will not be
contrary to the public interest, where owing to special conditions, the
enforcement of the provisions of this Ordinance will result in unwarranted
hardship and injustice and which will most nearly accomplish the purpose and
intent of the regulations of the Zoning Ordinance.
(4) In exercising its power
and authority, the Board of Appeals may reverse or affirm, in
whole or in part, or may modify the order, requirement, decision or
determination appealed from, and make such order, requirement, decisions or
determination as ought to be made.
(5) Meetings of the Board
of Appeals shall be held at such time that the Board determines appropriate.
(6) Provided, however,
nothing in this Section
shall be construed as permitting the Board of Appeals to exercise any power or
refrain from the performance of any duty not authorized or directed by the
provisions of Chapter 8, Article 24, Section 55 of the West Virginia Code of 1931, as
amended, which provision of the Code is hereby incorporated herein by
reference.
ARTICLE 8. APPEAL PROCESS
Section 8.1 Filing an
Appeal
(a) An appeal to the Board may be taken by any person,
board,
associate, corporation or official allegedly aggrieved by any administrative
decision based or claimed to be based, in whole or in part, upon the provisions
of this Ordinance. The property owner of the subject appeal shall sign
the application or an affidavit allowing an agent for the property owner to
file the application which shall be submitted.
(b) Such appeal shall be filed with the Board
within thirty (30) days from the decision appealed.
(c) Appeal applications shall be made on
the forms designed
by the Planning and Zoning Commission and shall be accompanied by three (3)
copies of the application and an accurate drawing of the property showing
distance of all structures from property lines and any pertinent data deemed
necessary for the request. Submittal of the application shall be made to the
Planning and Zoning Office.
(d) All zoning fees, in accordance with
the approved County fee structure, shall be paid upon application.
(e) No application shall be accepted in
the Planning and Zoning Office unless it contains all pertinent information and
is accompanied by the required fees.
Section 8.2 Processing
Procedures
(a) Appeal applications filed in the
proper form shall be numbered serially, docketed, and placed upon the calendar
of the Board
of Appeals.
$& (b) The
Board
shall hold a hearing within seventy-five (75) days from the date the appeal is
received in the Planning Commission office.
& (c) Notice
of the hearing shall be advertised in two issues of a newspaper having general
circulation in the County at least 30 days before the hearing.
(d) Property upon which the application is
concerned shall be posted conspicuously by a zoning notice no less than
twenty-eight (28) inches by twenty-two (22) inches, in size, at least 15 days
before the hearing. The sign will be prepared by the Planning Office
but is the responsibility of the applicant for posting of the property. The Board,
in its discretion, may otherwise visit the specific property prior to or after
the hearing.
Section 8.3 Public
Hearing
(a) The Board following action in Section
8.2, shall hold such hearing. At the hearing, any party may appear and be heard
in person
or by agent or attorney.
(b) The Board shall render its
determination on the application no more than thirty (30) days following the
public hearing by registered mail. Any party aggrieved by a decision of the Board
may appeal to the circuit court of Jefferson County within thirty (30) days of
the Board's
decision. The Court may affirm, reverse, vacate, or modify the decision subject
to the appeal.
Section 8.4 Postponement
of the Hearing
(a) Requests for postponement of a
scheduled hearing shall be filed in writing with the Planning and Zoning Commission,
or their designed
representative, not less than ten (10) days prior to the date of hearing, and
shall be accompanied by a fee sufficient to pay the cost of advertising the
postponement and the rescheduled hearing. The granting of such requests shall
be at the discretion of the Board of Appeals.
(b) Requests for postponement filed later
than ten (10) days prior to the date of the scheduled hearing shall be placed
in writing and shall be at the discretion of the Chairman of the Board
of Appeals based on cases of extreme hardship. Requirement of fees cited in Section
8.4a shall prevail.
(c) The Board may, upon its own initiative,
postpone a scheduled hearing at any time. Such hearing shall be rescheduled
within thirty (30) days.
(d) For no reason, shall more than three (3)
postponements over a period of ninety (90) days be allowed.
Section 8.5 Continuance
of Hearing
(a) The Board may continue a hearing at
another time and/or date once such hearing has been started; however, the Board
shall announce the date and hour of continuance of such hearing while in
session. Any hearing continued shall be held within thirty (30) days from the
initial hearing.
ARTICLE 9. EXCEPTIONS
Section 9.1 General
The regulations specified in this ordinance
shall be subject to the following exceptions, modifications and
interpretations.
^[ Section 9.2 Building Height Limitations
Building height
limitations shall not apply for public utilities, agricultural uses, communication poles and
towers, chimneys, steeples, water tanks, electric generating plants, electric
transforming or switching equipment, flagpoles, fire or observation towers,
monuments, or to tanks, ventilating fans, air conditioning equipment or similar
equipment required to operate and maintain the building, hospitals, schools,
colleges and public buildings. Commercial wireless communication facilities shall comply
with Section
4B.7(a)
Section 9.3 Lot area
Modification
In any district where a single-family dwelling
is permitted,
a dwelling
may be erected on any lot or parcel of record, despite the fact that
the lot
or parcel does not meet the minimum area requirements of this ordinance,
provided:
(a) The lot or parcel was lawfully
created in compliance with the applicable subdivision regulations at the time
the lot
was created; and
(b) Health Department regulations can be
met.
Section 9.4 Setback
Modifications
(a) Where the average setback line of at least two (2)
existing buildings
on lots
which are on the same side of the street or road within two hundred (200) feet of the lot
in question is less than the minimum setback prescribed by this ordinance, the
minimum setback
line shall be the average setback line of all buildings within two hundred
(200) feet of the proposed building. However, in no case shall the setback
line be less than thirty-five (35) feet from the centerline of any abutting road
or street.
& (b) A
structure may be located on a common side or rear lot line of contiguous property
owned by the same entity. Provided, however, that the structure shall only be a
single family dwelling
or an accessory
structure. Also provided, however, that the Land Use Ordinances of Jefferson
County shall view the contiguous lots as one lot for all purposes.
! (c) Subdivision signs, school bus shelters and/or
mailboxes do not have to comply with setback restrictions provided they are shown
and approved on the preliminary plat in the subdivision process. In
subdivisions approved prior to this amewndment, subdivisiohn signs
school bus shelters and/or mailboxes can be built as shown on the plat
or be replaced in the same general location.
$ Section 9.5 Projections Into Yards
(a) Projections such as bay windows,
chimneys, entrances, uncovered porches, balconies, and eaves may extend into
any required yard not more than four (4) feet; provided that such projections are
not over ten (10) feet in length. All roof overhangs may extend into any
required yard not more than two (2) feet; provided that the primary structure
is located entirely within the appropriate setback.
(b) Fences and walls over six (6)
feet in height shall meet building lines and yard requirements. An Improvement
Location Permit is required before construction. Fences and walls six (6)
feet and under in height shall be exempt from building lines and yard
requirements unless obstructions to vision at an intersection as referenced in Section
4.9.
Section 9.6 Accessory
Structures
Accessory structures,
defined by Section
2.2, shall be permitted
in all districts where single-family and two-family dwelling units are permitted.
The provisions for accessory structures are as follows.
(a) The minimum distance to a lot line
in any District from a single-story utility or storage shed, not exceeding one
hundred fifty (150) square feet, shall be five (5) feet.
(b) In any District wherein single-family
and two-family dwellings
are permitted,
the minimum distance from any accessory structure, not attached to the principal
permitted
use,
to the side or rear lot line shall be not less than the longest
horizontal dimension of the accessory structure or the minimum distance
specified for that District, whichever is the lesser of the two.
(c) No accessory building shall be erected within
the required front yard.
# Section 9.7 Other Exceptions
For all lots that were approved with setbacks
by the Planning (and Zoning) Commission as part of the subdivision process
prior to September 1, 1989, the setbacks and sizes shall be as established as a
part of that process.
Setbacks are as follows
in subdivisions that did not have them stipulated previously by the Jefferson
County Planning (and Zoning) Commission as a part of the subdivision
process:
Residential
Growth District
Single family residences--
Over 40,000 square
feet - 25' front, 12' side and 12' rear
30,000 sq.ft. to
40,000 sq. ft. - 20' front, 10' side and 12' rear
under 30,000 square
feet - 20' front, 8' side and 12' rear
Rural Agricultural and Industrial Commercial
Single family residences --
over 2 acres - 40'
front, 15' side and 50' rear
40,000 sq. ft. to 2
acres - 25' front, 12' side and 12' rear
30,000 sq. ft. to
40,000 sq. ft. - 20' front, 10' side and 12' rear
under 30,000 sq. ft.
- 20' front, 8' side and 12' rear
For all lots under 40,000 square feet side and rear setbacks
for residential
accessory
structures shall be 6'.
^& Section 9.8 Exceptions, as follows:
Seasonal use
must be approved by the Board of Appeals pursuant to a public hearing.
However, such public hearing need only be advertised for 15 days. Seasonal
Uses
and Bed and Breakfast establishments (in the Rural Zone) must be approved by
the Zoning Board
of Appeals pursuant to a public hearing. However, such public hearing need only
be advertised for fifteen (15) days. Requests for these exceptions must include
all items in Section
12.2(d)1-6(a).
ARTICLE 10. PROVISIONS
FOR SIGNS
Section 10.1 Purpose of
Sign
Provisions
The purpose of this section is to regulate
all exterior signs
and interior signs
placed for exterior observance so as to protect property values and the
character of the County. Any sign placed on land or on a building for the purposes of
identification or for advertising a use conducted therein or thereon shall be
deemed to be accessory
and incidental to such land, building or use.
It is intended that the placement of a
particular sign
will be appropriate to the land, building, or use to which they are appurtenant
and be adequate, but not excessive, for the intended purpose of identification
or advertisement. It is also intended that in areas proposed for new development,
that signs
placed will be harmonious in color, form and proportions to its surroundings.
Section 10.2 General
Provisions
(a) No sign shall be erected, hung or
placed in any district except as provided in this Ordinance. No sign
erected before the enactment of this Ordinance shall be structurally altered or
moved except in accordance with this Ordinance.
(b) No zoning permit shall be required for
the repainting or repairing of a sign.
* (c) No
signs,
other than subdivision signs approved by the Planning and Zoning Commission,
shall be located in the right-of-way of any road or on any slope or drainage easement
for such road.
(d) No sign shall be permitted
which is an imitation of or which resembles an official traffic control device,
railroad sign
or signal,
or which hides from view or interferes with the effectiveness of an official
traffic control device or any railroad sign, signal, or traffic sight lines. Illuminated signs
shall be so constructed as to avoid glare or reflection of any portion of an adjacent
highway
or residential
building.
(e) No sign which implies the need or
requirement of stopping or the existence of danger shall be displayed.
(f) No sign shall be placed on rocks,
trees or on poles maintained by public utilities.
(g) No sign shall be permitted
which becomes unsafe or endangers the safety of the building, premises, or persons
and unless maintained in a good general condition.
(h) No sign shall be permitted
which contains statements, words or pictures of an obscene, indecent, or
immoral character.
(i) No animated signs, as defined by Section
2.2 are allowed.
Section 10.3 Permitted
Signs
Without Zoning Permit
(a) Signs posted upon property relating to private
parking or warning the public against trespassing or against dangers of
animals.
(b) Municipal, County, State and Federal signs,
including necessary traffic signs.
(c) Historical markers, monuments, or signs
erected by a public authority.
(d) Plates on residential structures or premises giving the
name or address of the occupant, mailboxes, papertubes, and similar uses
customarily associated with residential uses.
(e) A sign indicating the name and/or premises or accessory
use
of a home for a home
occupation or professional purpose, not exceeding one square foot in
area.
(f) A sign not exceeding twenty-five
(25) square feet on a farm, advertising farm products primarily grown on the
premises.
(g) Directional or informational signs
of a public or quasi-public nature, such as those containing the meeting date
of a community or civic club, or the advertising of a public event.
(h) A temporary real estate sign
designating the zoning classification of the parcel, not exceeding twenty (20)
square feet and being located on the subject property for sale or lease.
(i) Building contractors', subdivision and/or
professional persons'
temporary signs
on buildings
or land
under construction but not to exceed one hundred (100) square feet.
(j) Election signs, provided that unsuccessful
candidate shall remove signs within 15 days after a primary or special
election. All signs
shall be removed within 15 days after the general election. Signs
shall not interfere with traffic visibility.
(k) All temporary signs shall be removed thirty
(30) days after the event, unless otherwise specified in Article 10.
Section 10.4 Signs
Requiring a Zoning Permit
* (a) Business
and outdoor advertising signs in all zoning districts shall require a
Zoning Certificate before placement on any property or building.
(b) Any exterior sign or signs pertaining to the use
conducted on the premises, and which is either integral with or attached to the
principal
building,
shall have a sum total area of no more than two square feet for each foot in
length of the frontage
of the building.
No sign
shall be attached to the side of the building that faces an adjoining residence. All
signs
placed on a property whose use is governed by the Development Review System is
subject to Section
10.4(e).
$ (c) Individual
business or industrial
establishments may erect a freestanding business sign, provided the lot frontage
is at least forty (40) feet. The freestanding sign shall be located in such a
manner that no part of the supporting structure is less than twenty-five (25)
feet from the street
right-of-way,
and that no part of the sign is closer than five (5) feet to the right-of-way.
The total area for any sign or signs on one supporting structure shall not
exceed 300 square feet and the total height of the sign structure shall not exceed
thirty-five (35) feet. Businesses or industries having a frontage on more than one street
may have an additional freestanding sign for each street
frontage,
provided that the total area for all freestanding signs does not exceed 600 square
feet. Where the lot
adjoins a residence and a freestanding sign is on the side of the
business lot
adjoining the residential
lot,
the sign
shall not face the adjoining residence. Signs governed by the Development Review System are
subject to Section
10.4(e).
Structures which have more than one use shall be required to use a pylon sign. One is permitted on each street
frontage.
(d) All outdoor advertising signs
shall be spaced in such a manner that in an Industrial District there shall
be a minimum of three hundred (300) feet between signs, and in the Rural Agricultural
District, where permitted,
such signs
shall be located in such a manner that there shall be one thousand (1,000) feet
between signs.
This section shall be subject to Section 10.4(e).
* (e) All
signs
accessory
to land
use
that must be evaluated by the Development Review System (DRS) shall be
proposed within the DRS application and assessed at the Compatibility
Assessment Meeting. Such signs shall be maintained at least one thousand
(1,000) feet between signs. Consideration of the placement of such signs
with less than one thousand (1,000) foot intervals shall be determined by the Commercial
or Residential
Uses
adjacent
to the subject site. Commercial uses adjacent to the subject site may allow spacing
intervals of three hundred (300) feet. The Planning and Zoning Commission
shall make this determination if the location cannot be agreed upon at the Compatibility
Assessment Meeting.
(f) No outdoor advertising sign
shall be placed closer than three hundred (300) feet to an intersection on a
dual or proposed dual highway or within one hundred feet of any other
intersection; provided, however, that such signs may be affixed to or located adjacent
to a building
at such intersections in such a manner as not to materially cause
any greater obstruction of vision than caused by the building itself. No business sign
shall be so located to obstruct the vision of traffic using entrance ways,
driveways, or any public road intersection.
(g) All outdoor advertising, excluding billboards
subject to Section
10.4(h),
shall comply with front yard setback provisions in the districts in which
they are permitted.
(h) (1) No
billboard
shall be closer to any public highway right-of-way than three hundred (300) feet.
(2) Placement of a billboard
must be in a location that is within eight hundred (800) feet of an existing
business.
(3) there shall be a minimum
of one thousand (1000) feet between billboards.
(4) A billboard shall be no closer than
five hundred (500) feet from a church, school, or cemetery.
Section 10.5 Special
Exception Uses
(Requiring Appeals Board Authorization After Public Hearing
Outdoor advertising signs including billboards
may be approved by the Board if it conforms to existing State law and
does not have a negative affect on the neighborhood or intent of this
Ordinance.
* Section 10.6 Zoning Certificate
All Zoning Certificate applications for signs
may be approved by the Staff if in conformance with the regulations.
ARTICLE 11. OFF-STREET PARKING STANDARDS
Section 11.1 Non-Residential
Parking Standards
(a) To decrease congestion in the streets,
permanent offstreet automobile parking space and truck loading space shall be
provided for all new structures and uses, and for existing structures or uses,
increased in size by 20 percent or more after adoption of these regulations.
Spaces shall be required per use
and are as follows:
|
Ambulance Facility |
2 spaces per ambulance. |
|
& Auto Sales and Service |
1 space per 300 square feet of gross floor space. |
|
Auto Service Station |
2 spaces per service bay plus 1 space per employee. |
|
& Banks, Financial Institution |
1 space per 200 sq. ft. of floor space plus 5 reservoir spaces for each drive-up teller. |
|
Bowling Lanes |
5 spaces per bowling lane. |
|
Churches |
1 space for each 5 persons for which seating is provided in the sanctuary. |
|
& Commercial Retail Sales (Less than 2,000 sq. ft. floor space) |
1 space per 150 square feet retail floor space. |
|
& Commercial Retail (Low customer turn over, large indoor display, e.g. carpet, furniture or appliance sales) |
1 space per 500 square feet of floor space. |
|
Community Center, Library, Museum |
1 space per 400 sq. ft. floor space. |
|
Private Club, Lodge |
1 space for each 2 persons for which seating or lodging is provided. |
|
Educational (Schools) |
1 space per employee; ample student and visitor parking. |
|
Fire Stations |
10 spaces minimum. |
|
& Hospitals |
1.5 for each bed plus one for every employee. |
|
Hotel, Resort |
1 space per guest room plus 1 space per 5 employees. |
|
Manufacturing Plant |
1 space per employee on maximum working shift. |
|
& Medical or Dental Offices/Clinics |
5 spaces per 1000 square feet of gross floor space. |
|
& Mortuary or Funeral Parlor |
1 per 150 square feet of floor area devoted
to viewing and one per vehicle used in activity PLUS one per each two employees, but 20 spaces minimum. |
|
Motels, Tourist Homes |
1 space per guest room or suite. |
|
Nursing Homes |
1 space per 400 sq. ft. floor space. |
|
Office Building |
1 space per 300 sq. ft. floor space. |
|
Professional Building (Other than Medical) |
2 spaces per 300 sq. ft. floor space. |
|
Recreational Establishment (Other than theaters, swimming pools and bowling lanes |
1 space per 80 sq. ft. floor space and/or as determined by extent of outdoor use. |
|
Restaurants, Taverns, Lounges, Nightclubs 1 space per 50 sq. ft. customer floor space. |
1 space per 50 sq. ft. customer floor space. |
|
Shopping center (Retail greater than 2,000 sq. ft. floor space) |
5.5 spaces per 1,000 sq. ft. floor space. |
|
Swimming Pool 1 space for every 7 persons permitted at any one time. |
1 space for every 7 persons permitted at any one time. |
|
Theaters, Auditoriums, Stadiums |
1 space per every 2 seats. |
|
Transportation Terminals |
1 space per main shift employee. |
$ (b) Parking
requirements for uses not listed in 11.1(a) may be either approved or established by the Staff
on a case-by-case basis. Justification for said requirements must be
documented.
Section 11.2 Internal Circulation,
Entrance and Parking Requirements
(a) All site plans for non-residential
development
are subject to the provisions and regulations for internal circulation,
entrance requirements, and parking space and lane requirements referenced in
Article 11 of the Jefferson County Subdivision Ordinance.
* Section 11.3 - Residential Parking
Standards
(a) To decrease congestion in the streets,
permanent offstreet automobile parking space and truck loading space shall be
provided for all new structures and uses, and for existing structures or uses,
increased in size by 20 percent or more after adoption of these regulations.
Spaces shall be
required per residential
uses
as follows:
Type of Residences - Parking Requirements
Single family detached - Driveway only
Single family attached (duplex) - Driveway
only
Single family attached (townhouses) - See Section
8.3(c)7.
of Subdivision Ordinance
Multi-family apartments
- See Section
9.3 of Subdivision Ordinance
ARTICLE 12. MAP AND TEXT AMENDMENTS
Section 12.1 Purpose
(a) These regulations, restrictions,
provisions, and the boundaries of districts provided herein may from time to
time be amended, modified, or repealed by the County Commission. Any person,
individual, board,
commission
or bureau of the County may petition the County Commission for such change.
(b) The County Commission shall refer any
amendment or alteration of this Ordinance to the Planning and Zoning Commission
for analysis, study, report, and recommendations.
Section 12.2 Procedure
for Amendment
(a) After the adoption of this ordinance,
all amendments to it shall be adopted according to the procedures set forth in
sections eighteen through twenty-three of Chapter 8, Article 24 of the West
Virginia Code, as amended; except, that public publication of notice of the
date, time and place of hearing upon amendment of the zoning ordinance need be
only fifteen or more days prior to the date set for such hearing; and except
that if the County Commission desires an amendment, it may direct
the Planning and Zoning Commission to prepare an amendment and submit
it to the public hearing within sixty (60) days after formal written request by
the County Commission.
+ (b) Any
property that has requested a rezoning or an alteration of the official zoning
map, shall be posted at least 15 days prior to the Public Hearing. This posting
shall state the time and date of such hearing, as well as, what new zone is
being requested on this particular property.
+ (c) The
legal advertisement for the required public hearing shall describe the location
and the identification of the subject parcel that is being requested for a
rezoning. All such identification will include the current tax district and map
and parcel number.
^ (d) Petitions
to the County Commission
for a map amendment must contain the following information:
1. Substantiation for the request
2. Tax District, map and parcel number
3. Deed book reference
4. Plat or sketch pursuant to Section 7.4(b)
5. Tract size
6. Discussion on:
a. Comprehensive Plan compatibility of
the proposed change.
b. Any change of transportation
characteristics and neighborhood from when the original ordinance was adopted.