Zoning
The Elkins zoning code was comprehensively updated in August 2022 — the first major revision since the 1970s. This page explains key changes, permit requirements, grandfathering rules, and how to request a zoning amendment.
The city’s zoning code regulates how land may be used inside Elkins. This code divides Elkins into sections, or zones, and stipulates the kinds of businesses, housing arrangements, and buildings that are and are not allowed in each. (Find the new zoning code, zoning map, and zoning use table–which lists the allowed uses for each zone–at the bottom of this page.)
Some of the most significant new provisions are:
- Rules about type, size, and placement of signs
- Restrictions against conversion of commercial storefronts into residences
- Requirements for “buffers” between commercial areas and residences, such as landscaping or fence
- Regulations that affect where and how short-term rentals may be operated
- The opportunity to operate no- and low-impact businesses in neighborhoods previously limited to residences
The 2022 zoning code does not impose historic-preservation requirements.
Enforcement
The city’s zoning officer enforces the zoning code, including issuing permits required by the code. By council resolution, the City of Elkins has assigned these duties to the city’s Building Inspection & Code Enforcement Department.
Permitting
The 2022 zoning code imposes various permit requirements for:
- Zoning permits
- Sign permits
- Fowl permits
Applications for some of these permits are available below. There are additional permitting requirements under the updated law for which permit applications have not yet been finalized.
Please check with the zoning officer (their contact information is at the bottom of this page) to ensure you are aware of all permitting requirements and check back for updates on this page.
Zoning Permits
No building or structure shall be constructed, erected, expanded, enlarged, or otherwise structurally altered until a zoning permit has been issued by the Zoning Officer. See zoning code section 21-12.
Sign Permits
A permit is required prior to the display and erection of most permanent signs, with certain exceptions. See zoning code section 21-23.
Fowl Permits
The keeping of chickens and other fowl is permitted as an accessory use to a dwelling, provided that the number of fowl shall not exceed six (6) and subject to certain provisions. Roosters are prohibited. See zoning code section 21-95(e).
Grandfathering
What is “grandfathering”?
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Existing legal uses that are now prohibited by the new code may continue as “non‑conforming uses.”
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This applies to businesses and multi‑family rental properties that were legally operating before August 19, 2022.
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Important: The use must have been legal before the new code took effect. A business license alone does not guarantee grandfathering — the license must have been issued for a legal use at that location.
The mere issuance of a business license is insufficient to establish that the given business was legally operated in the given location.
If it is determined that the business license was issued in error, the business will not be “grandfathered.”
Short- and long-term rentals are considered businesses and require a city business license, in addition to other requirements.
Zoning Code, Use Table, and Map
The 2022 Zoning Code, including zoning map and use table, may be viewed online.
The zoning map, as City Council adopted in August 2022, and the use table may be accessed below.
The map may be changed from time to time. Please contact the city clerk to verify accuracy of information on this map.
Board of Zoning Appeals
The Rules of Procedure of the City of Elkins Board of Zoning Appeals are available for review here:
View Board of Zoning Appeals Rules of Procedure
The Application for Zoning Variances are also available to be viewed online and downloaded.
View Application for Zoning Variances
Applications for Conditional Use Permits can be viewed online and downloaded.
Zoning Amendment Requests
Changes to zoning regulations in Elkins, whether they are to request the wording within the City’s zoning code or to change the zoning designation of a parcel within the City’s limits, must follow a structured public process.
All petitions must start with a request to the City’s Planning Commission. After the Planning Commission reviews the request and recommends such a change in zoning or to Elkins’ zoning code, the request is then taken to Elkins City Council, which then makes a final decision.
The following documents are available for download and review:
Policy and procedures for zoning amendment requests in Elkins
Application for changing any text within Elkins’ zoning code
Application for changing zoning designation for a parcel or group of parcels
For More Information
Property Maintenance Code Official
Jessie Kittle
401 Davis Avenue
Elkins, WV 26241
304-636-1414, ext. 1432 (office)
jkittle@cityofelkinswv.gov
