Zoning, building permits and septic rules in Town of Bethany, West Virginia

Town of Bethany’s own rules

• Building code adoptedAdopted

  Building construction inside Bethany town

  • Adopted 'to the fullest extent applicable'; Ordinance No. 106 effective December 10, 2002 (per later ordinance references).

  “is hereby adopted in its entirety to the fullest extent applicable as the building code of the town of bethany”

• Local zoningPresent

  Land inside Bethany town (Brooke County) limits

  • Ordinance No. 112 restated Ordinance No. 1 (adopted January 13, 1970) in its entirety; Board of Zoning Appeals created by 1971 ordinance.

  “an ordinance of the town of bethany, west virginia, amending and restating the bethany zoning ordinance (ordinance no. 1, as previously amended) in its entirety”

• Zoning districtsPublished

  Zoning districts inside Bethany town

  • Districts: Historic Bethany District (HD), Residential/Commercial (RC), Residential/Low-density (R-1); R-1 covers all areas not in RC. A zoning map (2018) is posted on the town site.

  “section 12. historic bethany district (hd) 98 section 13. residential/commercial (rc) zone section 14. residential/low-density (r-1) zone”

• Minimum lot sizeSpecified

  R-1 Residential/Low-density zone (main single-family district; all areas not in RC) inside Bethany town

  • No minimum area stated; width and depth only.
  • Lots of record failing width/depth may get a variance from the Board of Zoning Appeals.

  minimum lot width: >= 60 feet · minimum lot depth: >= 120 feet

  “the minimum lot width in the r-1 zone shall be 60 feet, and the minimum lot depth shall be 120 feet.”

• SetbacksSpecified

  R-1 zone inside Bethany town, new construction

  • RC zone limits not extracted.

  front (street) setback: >= 25 feet · rear setback: >= 25 feet · side setback: >= 10 feet

  “no new construction shall be closer to any street than 25 feet. no new construction shall be closer to any rear lot line than 25 feet rear building line, nor to any side lot line than 10 feet.”

• Lot coverageSpecified

  R-1 zone inside Bethany town

  • Only one structure per lot.

  maximum structure coverage: <= 30 percent of lot (includes porches, car ports and integral garages)

  “no such lot shall contain more than one structure, and no structure (including porches, car ports and integral garages) shall cover more than 30 percent of such lot.”

• Building heightSpecified

  R-1 zone inside Bethany town

  • RC zone: three stories or 45 feet.

  max height single/two-family/townhouse: <= 35 feet (2.5 stories) · max height multi-family: <= 45 feet (3 stories)

  “no single, two-family or townhouse dwelling shall exceed 2 ½ stories or 35 feet in height, and no multi-family dwelling shall exceed 3 stories or 45 feet in height.”

• Manufactured homesProhibited

  Mobile and manufactured homes in all zoning districts inside Bethany town

  • Prohibition does not apply to mobile homes situated within the corporate limits on or before passage of the section.
  • 'Mobile home' also includes a vehicle or similar portable structure with no foundation other than wheels, jacks or skirting designed for dwelling or sleeping occupancy.

  “the following uses are prohibited in all districts: junkyards (including those for storage and sale of scrap materials) and mobile and manufactured homes. the prohibition on mobile and manufactured homes shall not apply to those mobile homes situated within the corporate limits on or before passage of this section.”

• Accessory dwellingsLimited

  R-1 zone inside Bethany town

  • One apartment of at least 1,000 sq ft in a single-family dwelling of at least 1,500 sq ft; apartment may house no more than three additional persons not members of the family in the dwelling unit.
  • Only one structure per lot (section 14(d)(iii)).

  minimum apartment size: >= 1000 square feet

  “single-family, duplex dwellings, and/or single family dwellings of no less than1,500 square feet with one apartment of no less than 1,000 square feet, which apartment shall contain not more than three additional persons not members of the family residing in the dwelling unit.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Bethany or Brooke County directly.

• Building permit — Building permits inside Bethany town
• Owner-builder exemption — Owner-builder exemption inside Bethany town
• Inspections — Inspections inside Bethany town
• Certificate of occupancy — Certificates of occupancy inside Bethany town
• Minimum dwelling size — Minimum dwelling size in R-1 inside Bethany town

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.