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PLANNING DEPARTMENT City Service Center
LINKS
Board of Zoning Appeals Subdivisions The Planning Department staff reviews building permit applications to insure that proposed construction, remodeling and proposed businesses are in compliance with the Zoning Regulations of the City of Charleston. New structures are reviewed to determine compliance with setback requirements, height restrictions, parking requirements, landscaping, and general zoning requirements. Staff also reviews new and changes in business licenses, applications for review by the Historic Landmarks Commission for certificates of appropriateness, and minor work permits. [Top of Page] The BZA hears cases dealing with variances of the provisions of the Zoning Ordinance, appeals of decisions by the Municipal Planning Commission, and appeals of decisions by the Planning Director. Application forms are available by clicking on the Documents link or at the Planning Department. In addition to the application a site plan must be submitted as well as the appropriate fee and a list of property owners within 100 feet of the subject property. The application must be filed at least 35 days prior to the Board hearing date. The Board of Zoning Appeals meets the second and fourth Thursdays of each month. The Board takes final action at each hearing. Decisions of the BZA may be appealed to the Circuit Court of Kanawha County for review. [Top of Page] A variance is a method by which a property owner receives permission to vary from the development standards established in the Zoning Ordinance governing such matters as building location, building dimensions, placement and quantity of parking, landscaping, signage, and other features included in site design. The Board of Zoning Appeals may grant a variance if and only if the following criteria can be satisfied:
In some cases, community and Comprehensive Plan goals may be met by flexible and individual regulation of land uses within a zoning district. The Conditional Use Permit process provides such flexibility. Identified in the Land Use Table of the Zoning Ordinance, Conditional Uses are declared to possess characteristics of such unique and special form that each specific land use must be considered as an individual case. During this process, the Board of Zoning Appeals applies individualized judgment and imposes conditions on certain uses in order to ensure compatibility with the surrounding neighborhood and to prevent damage or detriment to people or property in the vicinity. The following general standards must be met in order for a Conditional Use Permit to be granted:
Established by City Council, the duty of the Planning Commission is to promote the orderly development of Charleston. The Planning Commission is established in accordance with the Code of West Virginia, Chapter 8A, Article 2, as amended, with all the rights and responsibilities accorded therein. The Planning Commission serves in an advisory capacity to City Council and has certain regulatory powers over land planning. The Planning Commission hears cases involving rezoning, subdivisions, developments of significant impact, street dedications, street naming, street closings, annexations and is in charge of the development of the Comprehensive Plan and community revitalization plans. Applications for cases under the review of the Municipal Planning Commission are available by clicking on Documents. [Top of Page] The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels, or other divisions of land for the purpose of sale, development or lease. In the City of Charleston this process is governed by the Subdivision Regulations adopted by the City Council. Three main types of subdivisions reviewed are Preliminary Plats, Final Plats, and Administrative Plats. Applications are available by clicking on Documents. [Top of Page] A request for rezoning of property shall be filed in a format prescribed by the Planning Department. The request shall include a list of the property owners' names and addresses located within 250 feet of the affected area, including the subject property, as of record in the Office of the Kanawha County Assessor. The applicant must also submit the tax map and parcel numbers for the list of properties. In order to defray, in part, the expenses connected with the application a filing fee in the amount of $125.00 shall be submitted with the application. For more information andf a sample bill and petition click on Documents. [Top of Page]
Annexation into the Corporate Limits of the City of Charleston must follow established guidelines of the Code of the State of West Virginia as follows: ANNEXATION BY ELECTION. § 8-6-2. Petition for annexation. (a) Five percent or more of the freeholders of a municipality desiring to have territory annexed thereto may file a petition in writing with the governing body thereof setting forth the change proposed in the metes and bounds of the municipality and asking that a vote be taken upon the proposed change. The petition shall be verified and shall be accompanied by an accurate survey map showing the territory to be annexed to the corporate limits by the proposed change. (b) The petitioners shall obtain a surety bond in an amount set by the governing body sufficient to cover the cost of the election. The bond shall be forfeited if a majority of the votes cast are against the proposed annexation. (c) The governing body shall, upon receipt of the bond, order a vote of the qualified voters of the municipality to be taken upon the proposed annexation on a date and at a time and place to be named in the order. (d) The governing body shall, at the same time, order a vote of all of the qualified voters of the additional territory and of all of the freeholders of the additional territory whether they reside or have a place of business therein or not, to be taken upon the question on the same day at some convenient place in or near the additional territory. (e) The governing body shall cause the order for the election to be published, at the cost of the municipality, as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area is the municipality and the additional territory. The first publication must be at least fourteen days prior to the date upon which the vote is to be taken. The order for the election shall contain an accurate description by metes and bounds of the additional territory proposed to be annexed to the corporate limits by the proposed change, a summary of the municipality's plan for providing services to the additional territory and, if practicable, shall also contain a popular description of the additional territory. (f) The election shall be held, superintended and conducted and the results thereof ascertained, certified, returned and canvassed in the same manner by the same individuals as elections for municipal officers. The election is reviewable by the circuit court of the county in which the municipality or the major portion thereof, including the area proposed to be annexed, is located. The order may be reviewed by the circuit court as an order of a county commission ordering an election may be reviewed under section sixteen, article five of this chapter. (g) The ballots, or ballot labels where voting machines are used, shall have written or printed on them the words: / / For Annexation / / Against Annexation (h) Any freeholder which is a firm or corporation may vote by its manager, president or executive officer duly designated in writing by the firm or corporation. (i) An individual who is a qualified voter and freeholder of the municipality or the additional territory shall be entitled to vote only once. (j) For purposes of this section, the term "qualified voter of the additional territory" includes a firm or corporation in the additional territory regardless of whether the firm or corporation is a freeholder. A firm or corporation may vote by its manager, president, or executive officer duly designated in writing by the firm or corporation. In any instance where a freeholder leases or rents real property to a firm or corporation the freeholder and the firm or corporation shall determine which entity will be entitled to vote in the annexation election. (k) When an election is held in any municipality in accordance with the provisions of this section, another election relating to the same proposed change or any part thereof shall not be held for a period of one year. (l) If a majority of all of the legal votes cast in the municipality and a majority of all the legal votes cast in the territory are in favor of the proposed annexation, then the governing body shall proceed as specified in the immediately succeeding section of this article. § 8-6-3. Governing body of municipality to certify annexation; order. The governing body of such municipality shall enter the results of such election in its minutes, and, when the annexation proposed is adopted, as provided in the immediately preceding section of this article, shall forward a certificate to such effect to the county court of the county wherein the municipality or the major portion of the territory thereof, including the annexed territory, is located; and such court shall thereupon enter an order in substance as follows: "A certificate of the governing body of the municipality of ............................ was this day filed showing that an annexation has been made, in the manner required by law, to the corporate limits thereof, and that by such annexation the said corporate limits are as follows: "Beginning at (here recite the boundaries as changed). It is, therefore, ordered that such annexation to said corporate limits be, and the same is hereby approved and confirmed, and the clerk of this court is directed to deliver to the said governing body a certified copy of this order as soon as practicable after the rising of this court." After the date of such order, the corporate limits of the municipality shall be as set forth therein. ANNEXATION WITHOUT ELECTION. § 8-6-4. Annexation without an election. (a) The governing body of a municipality may, by ordinance, provide for the annexation of additional territory without ordering a vote on the question if: (1) A majority of the qualified voters of the additional territory file with the governing body a petition to be annexed; and (2) a majority of all freeholders of the additional territory, whether they reside or have a place of business therein or not, file with the governing body a petition to be annexed. (b) For purposes of this section, the term "qualified voter of the additional territory" includes firms and corporations in the additional territory regardless of whether the firm or corporation is a freeholder. A firm or corporation may sign a petition by its manager, president or executive officer duly designated in writing by the firm or corporation. In any instance where a freeholder leases or rents real property to a firm or corporation the freeholder and the firm or corporation shall determine which entity will be entitled to sign a petition relating to the proposed annexation. (c) The determination that the requisite number of petitioners have filed the required petitions shall be reviewable by the circuit court of the county in which the municipality or the major portion of the territory thereof, including the area proposed to be annexed is located, upon certiorari to the governing body in accordance with the provisions of article three, chapter fifty-three of this code. (d) A qualified voter of the additional territory who is also a freeholder of the additional territory may join only one petition of the additional territory. (e) It shall be the responsibility of the governing body to enumerate and verify the total number of eligible petitioners, in each category, from the additional territory. In determining the total number of eligible petitioners, in each category, a freeholder or any other entity that is a freeholder shall be limited to one signature on a petition as provided in this section. There shall be allowed only one signature on a petition per parcel of property and any freehold interest that is held by more than one individual or entity shall be allowed to sign a petition only upon the approval by the majority of the individuals or entities that have an interest in the parcel of property. (f) If all of the eligible petitioners are qualified voters, only a voters' petition is required. (g) If satisfied that the petition is sufficient in every respect, the governing body shall enter that fact upon its journal and forward a certificate to that effect to the county commission of the county wherein the municipality or the major portion of the territory thereof, including the additional territory, is located. The county commission shall thereupon enter an order as described in the immediately preceding section of this article. After the date of the order, the corporate limits of the municipality shall be as set forth therein. ANNEXATION BY MINOR BOUNDARY ADJUSTMENT. § 8-6-5. Annexation by minor boundary adjustment. (a) In the event a municipality desires to increase its corporate limits by making a minor boundary adjustment, the governing body of the municipality may apply to the county commission of the county wherein the municipality or the major portion of the territory thereof, including the territory to be annexed, is located for permission to effect annexation by minor boundary adjustment. The municipality shall pay the costs of all proceedings before the commission. (b) In addition to any other annexation configuration, a municipality may incorporate by minor boundary adjustment: (i) Territory that consists of a street or highway as defined in section thirty-five, article one, chapter seventeen-c of this code and one or more freeholders; or (ii) territory that consists of a street or highway as defined in section thirty-five, article one, chapter seventeen-c of this code which does not include a freeholder but which is necessary for the provision of emergency services in the territory being annexed. (c) A county commission may develop a form application for annexation for minor boundary adjustment. An application for annexation by minor boundary adjustment shall include, but not be limited to: (1) The number of businesses located in and persons residing in the additional territory; (2) An accurate map showing the metes and bounds of the additional territory; (3) A statement setting forth the municipality's plan for providing the additional territory with all applicable public services such as police and fire protection, solid waste collection, public water and sewer services and street maintenance services, including to what extent the public services are or will be provided by a private solid waste collection service or a public service district; (4) A statement of the impact of the annexation on any private solid waste collection service or public service district currently doing business in the territory proposed for annexation in the event the municipality should choose not to utilize the current service providers; (5) A statement of the impact of the annexation on fire protection and fire insurance rates in the territory proposed for annexation; (6) A statement of how the proposed annexation will affect the municipality's finances and services; and (7) A statement that the proposed annexation meets the requirements of this section. (d) Upon receipt of a complete application for annexation by minor boundary adjustment, the county commission shall determine whether the application meets the threshold requirements for consideration as a minor boundary adjustment including whether the annexation could be efficiently and cost effectively accomplished under section two or four of this article. (e) If the application meets the threshold requirements, the county commission shall order publication of a notice of the proposed annexation to the corporate limits and of the date and time set by the commission for a hearing on the proposal. Publication shall be as in the case of an order calling for an election, as set forth in section two of this article. A like notice shall be prominently posted at not less than five public places within the area proposed to be annexed. (f) In making its final decision on an application for annexation by minor boundary adjustment, the county commission shall, at a minimum, consider the following factors: (1) Whether the territory proposed for annexation is contiguous to the corporate limits of the municipality. For purposes of this section, "contiguous" means that at the time the application for annexation is submitted, the territory proposed for annexation either abuts directly on the municipal boundary or is separated from the municipal boundary by an unincorporated street or highway, or street or highway right-of-way, a creek or river, or the right-of-way of a railroad or other public service corporation, or lands owned by the state or the federal government; (2) Whether the proposed annexation is limited solely to a division of highways right-of-way or whether the division of highways holds title to the property in fee; (3) Whether affected parties of the territory to be annexed oppose or support the proposed annexation. For purposes of this section, "affected parties" means freeholders, firms, corporations and qualified voters in the territory proposed for annexation and in the municipality and a freeholder whose property abuts a street or highway, as defined in section thirty-five, article one, chapter seventeen-c of this code, when: (i) The street or highway is being annexed to provide emergency services; or (ii) the annexation includes one or more freeholders at the end of the street or highway proposed for annexation; (4) Whether the proposed annexation consists of a street or highway as defined in section thirty-five, article one, chapter seventeen-c of this code and one or more freeholders; (5) Whether the proposed annexation consists of a street or highway as defined in section thirty-five, article one, chapter seventeen-c of this code which does not include a freeholder but which is necessary for the provision of emergency services in the territory being annexed; (6) Whether another municipality has made application to annex the same or substantially the same territory; and (7) Whether the proposed annexation is in the best interest of the county as a whole. (g) If the county commission denies the application for annexation by minor boundary adjustment, the commission may allow the municipality to modify the proposed annexation to meet the commissions objections. The commission must order another public hearing if significant modifications are proposed. (h) The final order of the commission shall include the reasons for the grant or denial of the application. (i) The municipality applying for annexation or any affected party may appeal the commission's final order to the circuit court of the county in which the municipality or the major portion thereof, including the area proposed to be annexed, is located. The county commission may participate in any appeal taken from its order in the same manner and to the same extent as a party to the appeal. The order may be reviewed by the circuit court as an order of a county commission ordering an election may be reviewed under section sixteen, article five of this chapter. Connection of subdivisions with city streets or sewers. Section 106-8 City Code. The streets, sidewalks and sewers of any subdivision of property in the city shall not connect in any way whatsoever with the streets, sidewalks or sewers of the city until the owner of such streets, sidewalks or sewers shall first have filed with the city engineer a map showing plainly the size, location, dimensions, material and connection of such streets, sidewalks or sewers and not then until the owner shall have first obtained the written approval and permission of the city engineer to do so; further, the city engineer shall not approve or grant such permission unless the streets, sidewalks or sewers are of the construction, material, size, dimensions and location as are called for by the city's requirements. Street Dedication/Naming Application Form. [Top of Page] Sec. 102-261. Authority to close city street, alley, lane, road or other public right-of-way. The council, pursuant to the authority granted it by the Charter and the Code of the state, reserves the right to permanently close, abandon and discontinue, for public use, any street, alley, lane, road or other public right-of-way presently owned by the city. (Bill No. 6949, § 28-42, 4-7-2003)
Any person seeking to permanently close, abandon and discontinue a public street, alley, lane, road, or other public right-of-way, must file: (a) A petition, the form of which shall be available in the office of the planning department, which shall contain the following information and items: (1) A current certified appraisal; (2) A survey and map of the property requested to be closed which survey shall show the names of all adjacent property owners and a list of all property owners whose property is within 250 feet of property being closed; (3) A metes and bounds description of property requested to be closed; (4) A statement of reasons for closure which must include a benefit to the public; (5) A statement of justification for closure. Such statement may include unique circumstances such as topography or slope limited access, or any-other physical; (6) A statement as to whether the property requested to be closed is part of a pattern of current City of Charleston roadways; (7) A statement as to whether encroachments exist to the property requested to be closed; (8) A filing fee of $100.00; (9) A bill prepared by or at the request of a member of the Council of the City of Charleston who has agreed to introduce the bill proposing closure; and (10) If applicable, a request from non-profit or not-for profit entity for a determination of eligibility to receive the property by donation from the City of Charleston under the laws of West Virginia, the City of Charleston and all other applicable laws. If such a request is made, the city attorney shall make such a determination, but only upon full cooperation from the petitioner in timely providing all information and documentation requested by the city attorney. The city attorney will report his/her determination to the committee on finance and city council. (b) Upon receipt of the petition, the planning commission shall deliver one copy of such documents to the office of the city clerk for the assignment of a number to the bill. Thereafter, the bill will be introduced at the next council meeting for its first reading. At the time of the first reading of the bill in council, it shall be referred to the municipal planning commission for a public hearing, as prescribed by law. Prior to holding a public hearing, the planning commission shall notify all persons on the list supplied by the petitioner of the place, time and date of the hearing. This notice shall be given to all persons on the list 15 days prior to the public hearing. The planning commission may seek the opinion of the city attorney as to any legal issues concerning ownership of the property requested to be closed. After considering the evidence which may come before the planning commission, the planning commission shall report its recommendation to city council at the next council meeting. Such report shall include a determination whether the property is needed for public use or convenience and/or whether the closing and abandonment of the property will benefit the public. (c) Upon receipt of the planning commission's recommendation, city council shall refer the bill to the council's committee on planning for its consideration. After consideration of the bill, the council's committee on planning shall report back to city council with its recommendation for passage or rejection of the bill. (d) In any event, the mayor shall refer the bill to council's committee on finance with a recommendation of appropriate consideration based on the certified appraisal and that the applicant is qualified under this section for the vacating of the public street, alley, lane, road, or other right-of-way. The committee on finance may consider the appraisal submitted by the petitioner, other appraisals, the recommendations from the mayor and/or city manager as to value and other factors when assessing the appropriate consideration for the property requested to be closed. When the property requested to be closed is located in a residentially zoned district, the committee on finance may assess consideration in the amount of $1.00 per square foot to be paid by low to moderate income petitioners, as defined by United States Department of Housing and Urban Development (HUD), if satisfactory proof of such income is submitted (ie. most recent federal income tax return). (e) After consideration of the bill by the council's committee on finance, it shall report its recommendations to council. Council shall then vote on the passage or rejection of the bill. Council's final action shall be a simple majority vote of the members present at a regular or special meeting (f) Any deed executed by the city pursuant to this section shall be limited to a quitclaim conveyance and shall reserve all necessary sewer and other utility easements. Sample Bill/Petition. [Top of Page] Appointed by City Council the Landmarks Commission was created to serve the public interest of the City of Charleston in engaging in a comprehensive program of historic preservation, undertaken at all levels of government, along with the private sector, to promote the use and preservation of such heritage for the education and general welfare of the people. The Charleston Historic Landmarks Commission consists of five members and shall be comprised as follows: an architect meeting the professional qualification standards published in the Code of Federal Regulations, 36 CFR Part 61; a structural historian meeting the professional qualification standards published in the Code of Federal Regulations, 36 CFR Part 61; a real estate broker; a member of City Council or a member of the Municipal Planning Commission; and an interested citizen or layperson. All members have a demonstrated interest, competence or knowledge in historic preservation and local history and, to the extent available in the community, shall be preservation-related professionals. Members who are not professionally qualified have demonstrated a vocational experience in preservation and associated disciplines. Members reside within the City of Charleston and represent diverse geographic areas of the City. [Top of Page] Neighborhood Conservation Districts Neighborhood Conservation Districts (NCD’s) are overlay zoning districts formed to recognize that older Charleston neighborhoods need to be conserved for their cultural, historic and housing values. Districts are intended to foster new construction that is compatible with the scale and physical character of the original buildings of the neighborhood and to promote the rehabilitation and maintenance of existing structures. The Neighborhood Conservation Overlay District encourages in-fill development that respects the existing built environment. Development in these districts should maintain or improve the general quality and appearance of neighborhoods, recognize the built environment as a major part of the City’s identity and positive image, and promote local architectural and cultural characteristics. Information about forming a district is available by clicking on "Zoning Ordinance" in documents and Review Section 19. [Top of Page] East End Community Association West Side Neighborhood Association To obtain a list of scheduled meeting times and locations and other general information about the programs of the West Side Neighborhood Association contact secretary Jennifer Rutherford at wsnasecretary@hotmail.com. [Top of Page] Kanawha City Community Association For information regarding the Kanawah City Community Association visit their website at http://kanawhacity.org/ Founded in 2002, East End Main Street is a diverse group of volunteers dedicated to the promotion and preservation of one of Charleston's oldest and most diverse neighborhood. A program of the Charleston Area Alliance, a private, not-for-profit organization, East End Main Street believes that thriving businesses make vibrant neighborhoods. East End Main Street staff and volunteers work directly with neighborhood businesses, leading them from simple ideas to significant investments by using the National Main Street Center’s 4 Point Approachof Design, Organization, Promotion, and Economic Restructuring. For more information, contact Mary Alice Hodgson, East End Main Street Program Manager, at 304-340-4253 or MAHodgson@charlestonareaalliance.org. [Top of Page] The West Side Main Street program was officially designated as a West Virginia Main Street Community in 2005. West Side Main Street is the largest Main Street Community in West Virginia. Partnered with West Virginia State University Extension, the West Side Main Street has as it’s primary focus the Washington Street West Business corridor that extends from Pennsylvania Avenue to Sissonville Drive. Using the National Main Street Center’s 4 Point Approach this volunteer driven grassroots program focuses on promotion and image of the business corridor, providing assistance to established anchor businesses and filling storefronts with new businesses. New volunteers are invited to work with the program’s Promotions, Design, Economic Restructuring or Organization Committees by contacting the West Side Main Street Program Director, Jennifer Jordan at 304-720-3161 or director@westsidemainstreet.org. [Top of Page]
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City of Charleston 501 Virginia Street, E. Charleston, WV 25301 |
