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ARTICLE III ESTABLISHMENT OF ZONING DISTRICTS AND ZONING MAP

Section 3.1 Establishment of Zoning Districts
The area illustrated in the "Zoning Map for Philippi" is hereby divided into the following zoning districts:

Residential Districts:
R-1 Single-family Residential
R-2 Multifamily Residential
R-3 Mid-rise Apartment Residential
HR-0 Historic Residential-Office

Commercial Districts:
C-1 Neighborhood Commercial
C-2 Community Commercial
C-3 Highway Commercial

Industrial District:
1-1 Industrial District

Conservation and Open Space District:
COS Conservation and Open Space District

 

Section 3.2 Zoning Map
A. The City is hereby divided into districts as shown on the Official Zoning Map of Philippi, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this ordinance.

B. The zoning map may be for convenience of use or readily identifying locations, subdivided into units.

C. The Official Zoning Map shall be identified by the signature of the Mayor and attested by the City Clerk, and bearing the seal of the city.

D. No changes of any nature shall be made to the Official Zoning Map except in strict conformity with procedures set forth in this ordinance.

E. The Official Zoning Map shall be located in the office of the City Clerk and shall be the final authority on the current zoning classification of all lands within the City.

Section 3.2 Interpretation of Zoning District Boundaries
Where uncertainties exist as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3. Boundaries indicated as approximately following City limits shall be construed as following City limits.

4. Boundaries indicated as approximately following unplatted property lines shall be construed as following unplatted property lines.

5. Boundaries indicated as parallel to or extensions of features indicated in subsection I through 4 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

6. All property lines and dimensions shown on the Official Zoning Map shall be construed to be those property lines and dimensions described in the proper deeds of record for the subject property or specifically described by measurements on the map.

7. Where physical or other features existing on the ground are in variance with those shown on the official Zoning Map, or in circumstances not covered in subsections I through 5 above, the Board of Zoning Appeals shall interpret the district boundaries.

Section 3.3 Annexation
During the annexation process by City Council, the Planning Commission shall study the area proposed for annexation to provide recommendations for the most appropriate zoning district(s) which will carry out the objectives of this ordinance and the community plan. Should annexation procedures be completed prior to receiving recommendations from the Planning Commission, the newly annexed territory shall be classified under the zoning district of the area within the corporate limits immediately adjacent to it. As soon as practically possible after said annexation, but no later than six months from the date of said annexation, the Planning Commission shall complete its study and forward its recommendation to the City Council.

Section 3.4 Application of District Regulations
The regulations set forth by this ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly as follows:

1. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

2. No building or structure shall hereafter be erected or altered:

a. to exceed the height;
b. to accommodate or house a greater number of families;
c. to occupy a greater percentage of lot area;
d. to have narrower or smaller yards or other open spaces-, than herein required; or in any manner contrary to the provisions of this ordinance.

 

3. No part of a yard or other open space, required landscape area, parking or loading area for any building or structure shall hereinafter be included as part of the same requirements for any other building or structure, except as specifically provided for in this ordinance.

4. No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth in this ordinance. Yards and lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.