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Zoning Provisions

Zoning Provisions

Section 1.1 Title
This ordinance shall be known as and referred to as the Zoning Ordinance for the City of Philippi, West Virginia, hereinafter also referred to as this ordinance.

Section 1.2 Authority
This ordinance shall become effective on the date of adoption by the Philippi City Council pursuant to the West Virginia Urban and Rural Planning and Zoning Act, as amended, Article 24, Chapter 8, of the West Virginia Code.

Section 1.3 Purpose
The zoning regulations and districts herein described have been established for the purpose:

    A. To protect and encourage the health, safety, and general welfare of the citizens of Philippi.

    B. To guide and provide for the future growth and development of Philippi in accordance with the adopted Comprehensive Plan for the City of Philippi, West Virginia.

    C. To classify, regulate and provide for the needs of residential, commercial, industrial, and associated land uses.

    D. To protect against developments or changes that are overly dense in relation to existing land uses and community facilities and that adequate public facilities are planned and provided.

    E. To secure adequate light, air, convenience of access, and safety from fire, flood and other danger and that congestion of traffic or population be avoided.

    F. To classify, regulate, and limit the height, area, use, and bulk of buildings; and to regulate and determine the area of front, rear, side yards, and open spaces about such buildings.

    G. To provide for the reservation of adequate areas for future development of residential, commercial, and industrial zones at appropriate locations.

    H. To protect the unique natural, visual, historic and scenic resources of the City.

    I. To prevent unsafe and congested public streets through the control of the density and location of parking.

    J. To regulate the size, scale, brightness, intensity, type, and location of signs.

    K. To provide for a Board of Appeals and prescribe its powers and duties.

Section 1.4 Jurisdiction
These regulations shall apply to all properties within the corporate limits of the City of Philippi, West Virginia.

Section 1.5 Application
A. The terms of this ordinance shall be applied to support the intent set forth in Section 1.3 and the Comprehensive Plan.

B. This ordinance shall apply to all lands, buildings, properties, and their uses within the corporate limits of the City of Philippi, West Virginia.

C. All territory annexed into the City of Philippi after the effective date of this ordinance shall have a zoning classification recommended made by the Planning Commission to the City Council. The council shall then designate the zoning for the territory. If a district is not recommended by the Commission, then the City Council will designate the district.

Section 1.6 Interpretation
A. The regulations set forth within this ordinance are designed to be uniform for each class or kind of building for use throughout the entire district.

B. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the protection of the public health, safety and general welfare.

C. Where the provisions of this ordinance place greater restrictions than those of any other ordinance or regulations, the provisions of this ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this ordinance, the provisions of such statute, ordinance or regulation shall be controlling.

D. If there is a conflict between provisions of this ordinance, the stricter regulation shall apply.

Section 1.7 Relationship to the Comprehensive Plan It is the intention of the City Council that this ordinance implement the planning policies adopted by the Council for the City of Philippi as reflected in the official comprehensive plan and other planning documents.

Section 1.8 Severability
The provisions of this ordinance shall be considered severable. If any provision is found to be unconstitutional or unlawful, it is intended that the remainder of the ordinance remains in full force and effect.