For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter. Words used in the singular include the plural and the plural the singular.
Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinarily accepted meanings.
(1) “Accessory building” is an incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.
(2) “Accessory living quarters” is an accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling used as a separate dwelling unit.
(3) “Accessory use” is a use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to, and customarily found in connection with, such primary use.
(4) “Acreage, Gross” is the overall total area of real property.
(5) “Acreage, Net” is the remaining area after all deductions are made; with deductions including streets, easements for access, street dedications and similar area.
(6) “Agriculture” is the tilling of the soil, raising of crops, animals, horticulture, gardening, beekeeping and aquaculture.
(7) “Alley” is any public way or thoroughfare more than 10 feet, but less than 16 feet (4877mm), in width which has been dedicated to the public for public use.
(8) “Alteration” is a change, addition or modification in construction, occupancy or use.
(9) “Amusement center” is an establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting gallery, table games and similar recreational diversions within an enclosed building.
(10) “Antenna” is any exterior structure designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services.
(11) “Apartment house” is a residential building designed or used for three or more dwelling units.
(12) “Automotive repair, major” is an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, which is conducted within a completely enclosed building.
(13) “Automotive repair, minor” is an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, which is conducted within a completely enclosed building.
(14) “Automotive self-service station” is that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment shall be permitted to offer for sale at retail other convenience items as a clearly secondary activity and shall be permitted to also include a free-standing automatic car wash.
(15) “Automotive service station” is that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash service and food sales.
(16) “Awning” is a shelter supported entirely from the exterior wall of a building.
(17) “Basement” is any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
(18) “Bed and Breakfast facility” is a limited commercial activity, conducted within a structure, which includes dining and bathroom facilities with sleeping rooms for short-term guest lodging.
(19) “Billboard” means a signboard, situated on private premises, used for advertising purposes other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon.
(20) “Board” means the Board of Zoning Appeals established under this Ordinance.
(21) “Boarding house” is a dwelling containing a single dwelling unit and not more than 10 guest rooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than one week.
(22) “Building” means structure having a roof supported by columns or walls, for the shelter, support enclosure or protection of persons, animals chattels or property. When separated by party walls, without openings through such walls, each portion of such a building shall be considered a separate structure.
A. Principal: The main structure devoted to the principal use of the particular site.
B. Temporary: A structure without permanent foundation erected or devoted to the development of, or in connection with, the principal site use for a limited period of time.
(23) “Building Code” is the International Building Code promulgated by the International Code Council, as adopted by the jurisdiction.
(24) “Building line” is the perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.
(25) “Business or Financial Services” is an establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional, business, or financial service. All activity shall be confined to the interior of the structure and shall not permit any noises, dust or activity which may be offensive to the public.
(26) “Camp, public” means an area or tract of land used or designed to accommodate two or more automobile house trailers, or two or more camping parties, including cabins, tents or other camping outfits.
(27) “Canopy” is a roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings.
(28) “Carport” is a roofed structure open on at least two sides and used for the storage of private or pleasure-type vehicles.
(29) “Certificate of occupancy” means a statement signed by a duly appointed agent of the City setting forth either that a building complies with the Zoning Ordinance or that a building or parcel of land may lawfully be employed for specific uses or both.
(30) “Colocation” is the use of an existing tower or an existing wireless communications facility, for multiple purposes or uses.
(31) “Commercial, heavy” is an establishment or business which generally uses open sales yards, outside equipment storage, or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumber yards, construction specialty services, heavy equipment suppliers or building contractors.
(32) “Commercial, light” is an establishment or business which generally has retail or wholesale sales, office uses or services that do not generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are retail stores, offices, catering services, restaurants or banks.
(33) “Commercial center, community” is a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket.
(34) “Commercial center, convenience” is a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services.
(35) “Commmercial center, neighborhood” is a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant.
(36) “Commercial center, regional” is a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings and other retail sales and services, in full depth and variety.
(37) “Commercial retail sales and services” are estabishments which engage in the sale of general retail goods and accessory services. Business within this definition include those which conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor “sidewalk” promotions); businesses specializing in sale of either general merchandise or convenience goods.
(38) “Commission, planning” means the Planning Commission of the City.
(39) “Comprehensive plan” is the declaration of purposes, policies and programs for the development of the jurisdiction.
(40) “Conditional use” is a use which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
(41) “Condominium” is a single dwelling unit in a multi-unit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.
(42) “Congregate residence” is any building or portion therof which contains facilities for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses.
(43) “Convalescent or nursing home” is a facility which is publicly or privately operated and intended for long-term patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.
(44) “Court” is a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
(45) “Dance hall, discotheque” is an establishment intended primarily for dancing and entertainment within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only.
(46) “Day care, family” is the keeping for part-time care and/or instruction, whether or not for compensation, of six or less children at any one time within a dwelling, not including members of the family residing on the premises.
(47) “Day care, group” is an establishment for the care and/or instruction, whether or not for compensation, of seven or more persons at any one time. Child nurseries, preschools and adult care facilities are included in this definition.
(48) “Density” is the number of dwelling units which are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.
(49) “District” means a section of the City for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and size of yards and open spaces are herein established.
(50) “Driveway” is a private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.
(51) “Dwelling- (one-family)” is any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for six or less persons.
(52) “Dwelling, duplex - (two-family)” is a building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units.
(53) “Dwelling, multiple-unit” is a building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.
(54) “Dwelling, planned group” is two or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common.
(55) “Dwelling, single-family” is a detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
(56) “Easement” is that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.
(57) “Face of building, primary” is the wall of a building fronting on a street or right-of- way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.
(58) “Family” is an individual or two or more persons related by blood, marriage or adoption, or a group not to exceed six unrelated persons living together as a single housekeeping unit.
(59) “Farm animals” are animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats; or small animals, e.g., rabbits, chinchilla, chickens, turkey, pheasants, geese, ducks and pigeons.
(60) “Floor area, gross” is the sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the center line of dividing walls; this includes courts and decks or porches when covered by a roof.
(61) “Floor area, net” is the gross floor area exclusive of vents, shafts, courts, elevation, stairways, exterior walls and similar facilities.
(62) “Floor area ratio” is the numerical value obtained by dividing the gross floor area of a building by the area of the lot on which the building is constructed.
(63) “Frontage” is the width of a lot or parcel abutting a public right-of-way measured at the front property line.
(64) “Front yard” is established by the address of the primary structure.
(65) “Garage, private” is a building or a portion of a building not more than 1,000 square feet (93m2) in area, in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
(66) “Garage, public” means a building wherein automobiles are stored for a fee. A public garage may contain a room or rooms for displaying cars for sale, but may not fuel, lubricate or service within the confines of the building.
(67) “General plan” is the declaration of purposes, policies and programs for the development of the jurisdiction.
(68) “Grade (adjacent ground elevation)” is the lowest point of elevation of the existing surface of the ground, within the area between the building and a line 5 feet (1524 mm) from building.
(69) “Graffiti” is unauthorized marking on a structure.
(70) “Gross leasable area (GLA)” is the total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet (m2) as measured from the center line of joint partitions and from outside wall faces.
(71) “Group care facility-(homes)” is a facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; not including day-care centers, family day-care homes, foster homes, schools, hospitals, jails or prisons.
(72) “Guest room” is any room or rooms used or intended to be used by a guest for sleeping purposes. Every 100 square feet (9.3m2) of superficial floor area in a dormitory shall be considered to be a guest room.
(73) “Habitable space (room)” is space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.
(74) “Height of building” means the vertical distance measured from the lowest elevation around the perimeter of the structure vertically to the highest point flat roofs, to the deck line of mansard roofs, the mean height level between eaves and ridges for gable, hip or gambrel roofs.
(75) “Home occupation” is the partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof which is subordinate and incidental to the use of the dwelling for residential purposes.
(76) “Hospital” is an institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices.
(77) “Hotel or motel” means a building or group of buildings in which lodging is provided and offered to the public for compensation and which is open to transient guests in contradistinction to a boarding or lodging house.
(78) “Industrial or research park” is a tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.
(79) “Jurisdiction” as used in the code, is any political subdivision which adopts this code for administration regulations within its sphere of authority.
(80) “Kennel” is any lot or premises on which four or more dogs or cats over four months of age are kept, for compensation or not.
(81) “Kitchen” is any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.
(82) “Landscaping” is the finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted to also include the uses of logs, rocks, fountains, water features and contouring of the earth.
(83) “Legislative body” is the political entity of the adopting jurisdiction.
(84) “Livestock” includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.
(85) “Loading berth” means an off-street area, located on the same parcel as the principal use which provides parking for the receipt or distribution by vehicles of material or merchandise, such area measuring a minimum of twelve feet wide, sixty feet long with a fourteen-foot height clearance.
(86) “Lot” is a single parcel of land.
(87) “Lot, corner” is a lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed 135 degrees.
(88) “Lot, flag” is a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.
(89) “Lot, interior” is a lot other than a corner lot.
(90) “Lot, irregular” is a lot whose opposing property lines are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.
(91) “Lot line” is defined as follows:
A. “Front lot line” means the line separating the lot from the street right of way upon which it fronts.
B. “Rear lot line” means the line of a lot which is opposite and farthest from the front lot line.
C. “Side lot line” means any lot line which meets the end of a front lot line, normally of an angle equal to or greater than thirty degrees.
(92) “Manufactured home (mobile home)” means a structure manufactured or fabricated after June 15, 1976, in an off-site manufacturing facility, in compliance with the requirements of Title IV of the 1974 Housing and Community Development Act (24 U.S.C.A. 5402 et seq.) and the regulations issued pursuant thereto (24 CFR 3280.1 et seq.) which are in effect on the date of installation on the lot for installation or assembly at the building site transportable in one or more sections each of which, in the traveling mode is eight body feet or more in width and forty body feet or more in length, and has attached the manufacturer’s certification label required by 24 CFR 3208.8, which is built on a permanent chassis and designed to be used for living quarters with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein.
A. “Type I Manufactured Home” means a manufactured home as defined herein which has a double section or larger residential designed home placed onto a permanent enclosed masonry foundation; has siding, trim, finish doors, windows and roofing materials which are of a type generally acceptable for site-built housing; roofing materials shall be installed onto a surface appropriately pitched for the materials used; has a minimum on-site assembled home width of twenty-three feet, as measured across the narrowest portion; has a minimum overhang of six inches per side; has all transportation equipment removed, and has not been inhabited prior to the home’s placement on the site.
B. “Type II Manufactured Home” means a manufactured home constructed as described for Type I manufactured homes except that it is transported to the construction site in one section.
C. “Type III Manufactured Home” means a manufactured home, transported to the construction site in one section, the finish and appearance of which does not comply with those standards described for Type I manufactured homes.
(93) “Manufactured home, special care” is a home used as a temporary dwelling for a family member who is in need of special, frequent and routine care by reason of advanced age or ill health.
(94) “Manufacturing, heavy” is all other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.
(95) “Manufacturing, light” is the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.
(96) “Manufacturing, medium” is the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard, that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.
(97) “Medical Cannabis Dispensary” means a place where medical cannabis may be dispensed in compliance with West Virginia Code Chapter 16A.
(98) “Medical Cannabis Growing Facility” means a place where medical cannabis may be grown in compliance with West Virginia Code 16A.
(99) “Medical Cannabis Processing Facility” means a place where medical cannabis may be processed in compliance with West Virginia Code Chapter 16A.
(100) “Mixed occupancy” means occupancy of a building or land for more than one use.
(101) “Mobile Home Park” is a tract of land developed and operated as a unit with individual sites and facilities to accommodate two or more mobile homes.
(102) “Model home” is a dwelling temporarily used as a sales office for a residential development under construction; said home being used for on-site sales and not for general real estate business.
(103) “Modular home” is a factory-built home, other than a manufactured home, which meets all of the following requirements:
1. Is designed only for erection or installation on a site-built permanent foundation;
2. Is not designed to be moved once so erected or installed;
3. Is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a state or local modular building code recognized as generally equivalent to building codes for site-built housing;
4. To the manufacturer’s knowledge, is not intended to be used other than a site-built permanent foundation.
(104) “Mortuary, Funeral Home” is an establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings and/or display of funeral equipment.
(105) “Motel, Hotel” is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
(106) “Natural waterways” are those areas, varying in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the jurisdiction.
(107) “Neighborhood convenience stores” are establishments which engage in the sale of retail items, grocery items, and other sales and services which are beneficial to the local residents of the neighborhood.
(108) “Nonconforming structure” is a building or structure or portion thereof lawfully existing at the time this code became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the zone in which it is located.
(109) “Nonconforming lot” is a lot whose width, area or other dimension did not conform to the regulations when this code became effective.
(110) “Nonconforming sign” is a sign or sign structure or portion thereof lawfully existing at the time this code became effective, which does not conform.
(111) “Nonconforming use” (See “use, nonconforming.”)
(112) “Open space” is land area that is not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.
(113) “Park” is a public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.
(114) “Parks and Ride Facilities” are parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage car pooling for purposes of commuting, or for access to recreation areas.
(115) “Parking garage, commercial” is a building, other than a private garage, used for the parking of automobiles.
(116) “Parking lot” is an open area, other than a street, used for the parking of automobiles.
(117) “Parking space” means a surfaced area of not less than 180 square feet with a minimum width of 9 feet (9'x20') for the parking of a motor vehicle.
(118) “Person” is a natural person, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
(119) “Pools, Swimming, Hot Tubs and Spas”
Above-ground/on-ground pool: See definition of private swimming pool
Barrier: A fence, a wall, a building wall, the wall of an above-ground swimming pool or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.
Hot tub: See definition of private swimming pool.
In-ground pool: See definition of private swimming pool.
Power safety cover: A pool cover which is placed over the water area, and is opened and closed with a motorized mechanism activated by a control switch.
(Ord. 6-00. Passed 8-14-00.)
Private swimming pool: Any permanent structure that contains water over 24 inches (610mm) in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with a residential occupancy and which is available only to family and guests. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas. However, exempted from this definition are storable swimming or wading pools 42" (1066.8mm) or less in depth placed on or above ground that are inflatable, nonmetallic, and or molded plastic not permanently attached to the ground or any structure. (Passed 8-13-12)
Private swimming pool, indoor: Any private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of said structure.
Private swimming pool, outdoor: Any private swimming pool that is not an indoor pool.
Public swimming pool: Any swimming pool other than a private swimming pool.
Spa: See definition of private swimming pool.
(120) “Planned unit development (PUD)” is a residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.
(121) “Plot plan” is a plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.
(122) “Public improvement” is any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or for which the local government responsibility is established.
(123) “Public services” are uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.
(124) “Public utility station” is a structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
(125) “Public way” is any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
(126) “Quasi-Public” is essentially a public use, although under private ownership or control.
(127) “Quorum” is a majority of the authorized members of a board or commission.
(128) “Recreational vehicle” is a vehicular unit, other than a mobile home, whose gross floor area is less than 320 square feet (29.7m2), which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer or van.
(129) “Recreation, Indoor” is an establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theaters, and related amusements.
(130) “Recreation, outdoor” is an area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions, and similar structures, used primarily for recreational activities such as amphitheaters, etc.
(131) “Recycling facility” is any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles and other such materials.
(132) “Rehabilitation center (Halfway House)” is an establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, halfway houses for prison parolees and juveniles.
(133) “Religious, Cultural and Fraternal Activity” is a use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.
(134) “Renovation” is interior or exterior remodeling of a structure other than ordinary repair.
(135) “Restaurant” is an establishment which sells prepared food for consumption. Restaurants shall be classified as follows:
Restaurant, general: Is an establishment which sells food for consumption on or off the premises.
Restaurant, take-out: Is an establishment which sells food only for consumption off the premises.
Restaurant, fast food: Is an establishment which sells food already prepared for consumption, packaged in paper, styrofoam or similar materials, and may include drive-in or drive-up facilities for ordering.
(136) “Rooming house” means a dwelling or part thereof where lodging is provided, for compensation, to non-family members other than transient.
(137) “Salvage yard (Junk yard)” is any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires and bottles.
(138) “School, Commercial” is a school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school).
(139) “Service station” means a building where automobiles are serviced or repaired.
(140) “Setback” is the minimum required distance between the property line and the building line.
(141) “Sign” is an advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers.
(142) “Signboard” means any structure or part thereof on which lettered or pictorial matter is displayed for advertising or notice purposes.
(143) “Site Plan” is a plan which outlines the use and development of any tract of land.
(144) “Special uses” means the uses specified herein. Under the provisions set forth herein, subject to review and authorization by the Board of Zoning Appeals, pursuant to Article 1307.
(145) “Story” is that portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than 6 feet (1829mm) above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet (3658mm) above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
(146) “Story, half” means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three and one-half feet above the finished floor of such story.
(147) “Street, private” is a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.
(148) “Structure” is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
(149) “Structural alterations” means any change in or addition to the supporting members of a building such as bearing walls, columns, beams or girders.
(150) “Subdivision” is the division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land.
(151) “Theater” is a building used primarily for the presentation of live stage productions, performances or motion pictures.
(152) “Tourist home” means a boarding house or rooming house for transients.
(153) “Tower” is any structure, such as a lattice tower, guy tower, or monopole that supports devices to transmit or receive analog or digital signals, including but not limited to microwave, cellular, telephone, personal wireless services or similar forms of electronic communication.
(154) “Trailer or mobile home” means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping and eating quarters or for the conduct of any business, trade or use for storage or conveyance of tools, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on roads or streets, customarily propelled or drawn by motor power other than its own. “Trailer or mobile home” also includes Type II and Type III manufactured homes as defined herein.
(155) “Use” is the activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.
(156) “Use, change of” is the change within the classified use of a structure or premise.
(157) “Use, Nonconforming” is a use which lawfully occupied a building or land at the time this code became effective, which has been lawfully continued and which does not now conform with the use regulations.
(158) “Use, Principal” is a use which fulfills a primary function of a household, establishment, institution or other entity.
(159) “Use, Temporary” is a use that is authorized by this code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks, carnivals, flea markets and garage sales.
(160) “Variance” is a deviation from the height, bulk, setback, parking, or other dimensional requirements established by this code.
(161) “Warehouse, Wholesale or Storage” is a building or premises in which goods, merchandise or equipment is stored for eventual distribution.
(162) “Wholesale business” means business sales activity which includes:
A. Sales for the purpose of resale;
B. Sales of supplies or machinery which are consumed or used by the purchaser in the conduct of a business which is subject to tax on its sales or income.
In either case, the wholesale function shall be distinguished from warehousing by over-the-counter sales.
(163) “Wireless communications facility” is any towers, poles, antennas or other accessory structures intended for use in connection with transmission or receipt of radio or television signals, or any other spectrum-based transmission/reception. These include, but are not limited to, radio broadcast facilities, television stations, wireless devices such as pagers, cellular telephones, and personal communications services or otherwise as defined by the Federal Communications Act of 1996, as amended from time to time.
(164) “Wrecking Yard” is any place where damaged, inoperable or obsolete machinery such as cars, trucks, and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled or handled.
(165) “Yard” is an open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures except as otherwise provided in this code.
(166) “Yard, front” is a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
(167) “Yard, back” is a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high water line and a line parallel thereto.
(168) “Yard, side” is an open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high water line.
(169) “Zero Lot Line Development” is single-family dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line.
(170) “Zoning Inspector” means the person designated as such, under this Ordinance. The term may also mean the Building Inspector or other duly authorized agent of the City.
(171) “Zoning Ordinance” or “this Ordinance” as used in Chapters One and Three of the Part Thirteen - Planning and Zoning Code means the Zoning Ordinance of October 18, 1955, as amended.
(Passed 11-23-21.)