For the purposes of this Zoning Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) "Accessory building and use" means:
A. A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises, and which is not used for human occupancy except as hereinafter provided.
B. Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment.
(1.1) “Agricultural use” means any portion of land used for agriculture including horticulture truck gardening, flora-culture, trees, grain, forage crops, or any use of the same general character, but not the raising of livestock.
(1.2) “Air rights” means the rights to the space above a property for development.
(2) "Alley" means a right of way not over twenty (20) feet in width, dedicated to public use, other than a street, place, road, crosswalk or easement, designed to provide a secondary means of access for the special accommodation of the property it reaches.
(2.1) “Attached structure” shall be considered attached only when at least fifty percent (50%) of an exterior wall is a party wall in common between two residential structures.
(2.2) “Basement” means that portion of a building which is partly, but less than half the floor-to-ceiling height, below the average grade adjoining the building, as distinguished from “cellar” which means a story more than half below grade. The basement is counted as a story for the purpose of determining building height, but a cellar is not counted.
(2.3) “Bed and breakfast” means a building containing a single dwelling unit with rooms for temporary occupancy of not more than twelve (12) persons for compensation.
(3) "Block" means property having frontage on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right of way, waterway or other barrier.
(4) "Board" means the Clarksburg Board of Zoning Appeals.
(5) "Boarding house" means a building, not open to transients, where lodging or meals or both are provided for three or more, but not over thirty persons, regularly; a lodging house. (Ord. 97-9. Passed 9-4-97.)
(5.1) "Brewery" means an establishment where beer is manufactured or in any way prepared.
(5.2) "Brew Pub" means a restaurant combined with a brewery, distillery, mini-distillery, microdistillery and/or winery. (Ord. 23-17. Passed 7-20-23.)
(6) "Building" means a structure having a roof supported by columns or walls, including porches and breezeways when roofed, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without opening through such walls, each portion of such a building shall be considered a separate structure. Building shall include structure.
(7) "Building area" means the maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed or unroofed porches or architectural appurtenances projecting not more than two (2) feet.
(8) "Building detached" means a building having no structural connection with another building.
(9) "Building, front line of" means the line of the face of the building nearest the front lot line.
(10) "Building, height of" means the vertical distance measured from the lot ground level to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
(11) "Building line" means the line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
(12) "Building permit and improvement location permit" means a permit signed by the Building Inspector stating that a proposed improvement complies with the provisions of this Zoning Ordinance and such other provisions of the Codified Ordinances or other ordinances as may be applicable.
(13) "Building, principal" means a building in which is conducted the main or principal use of the lot on which the building is situated. Where a substantial part of an accessory building is attached to the main building, it shall be counted as a part of the principal building.
(14) "Business or commercial" means the engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the maintenance or operation of offices or recreational and amusement enterprises for profit.
(1969 Code 227-1;4-21-77)
(14.1) "Business-professional office" means a building or structure which is used primarily for a business-professional office or service and is classified in the following categories: Professional-business office or services, including but not limited to the following: Physician's office, dentist's office, lawyers' offices, real estate offices, insurance offices, optometrists, accountants, chiropodists, podiatrists, architects, engineers, land surveyors, osteopathic physicians and surgeons, chiropractors, private detectives and investigators, foresters, physical therapists, psychologists, landscape architects, hearing-aid dealers and fitters, coal brokers, energy consultants (oil and gas).
(15) "Camp, public" means any area or tract of land used or designed to accommodate two (2) or more camping parties including cabins, tents or other camping outfits.
(15.1) “Car port” means a shelter without walls for the harboring of an automobile or similar vehicle, provided however, no carport shall be permitted in any front yard.
(16) "Cemetery" means land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
(17) "Certificate of occupancy" means a certificate signed by the Planning Director or Building Inspector stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Zoning Ordinance.
(18) "Clinic or medical health center" means an establishment where patients are admitted for special study and treatment by two (2) or more licensed physicians or dentists and their professional associates.
(19) "Commission" means the Clarksburg City Planning Commission.
(19.1) “Commune” means four (4) or more unrelated persons living together as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority.
(20) "Comprehensive plan" means the complete plan, or any of its parts, for the development of the City, prepared by the Planning Commission and adopted by Council, in accordance with the authority conferred by West Virginia Code 8-24-16 et seq.
(20.1) “Deck” means a usually wooden deck that does not have a roof and is not enclosed in any way, with the exception of a railing not exceeding four (4) feet above the floor of such deck.
(21) "Development plan" means a drawing, including a legal or site description, of the real estate involved which shows the location and size of all buildings, structures and yards; location and dimension of building lines and easements; widths and lengths of all entrances and exits to and from the real estate; location of all adjacent or adjoining streets; all of which presents a unified and organized arrangement of buildings and service facilities and other improvements such as planting areas, which shall have a functional relationship to the real estate comprising the planned development and to the uses of properties immediately adjacent to the proposed development.
(22) "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 open spaces about buildings are established in this Zoning Ordinance.
(Ord. 97-9. Passed 9-4-97.)
(22.1) "Distillery" means an establishment where more than 50,000 gallons of alcoholic liquor is manufactured or in any way prepared.
(Ord. 23-17. Passed 7-20-23.)
(23) "Dwelling" means a building, or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels, motels, lodging houses, boarding houses, tourist homes or mobile homes.
(24) "Dwelling unit" means a dwelling or a portion of a dwelling or of an apartment hotel used by one family for cooking, living and sleeping purposes.
(24.1) “Educational institution” means a public, or parochial pre-primary, primary, grade, high, preparatory school or academy; junior college, college or university, if public or founded or conducted by or under the sponsorship or a religious or charitable organization.
(24.2) “Essential services” include the provision of gas, electrical, steam, communication, telephone, sewer, water, public safety and other similar services. The facilities required to provide such services shall consist of:
A. Limited facilities including equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms, police call boxes, traffic signals, hydrants, and other similar equipment which does not require enclosure within a building or which can be constructed within a public right-of-way.
B. Major facilities including equipment which requires enclosure within a building or construction on its own site such as gas storage areas, substations, telephone exchanges, and telephone booths.
(25) "Family" means one or more individuals related by blood or marriage, or three (3) or fewer unrelated individuals sharing one housekeeping unit.
(26) "Farm building" means any building used for storage of agricultural equipment or farm produce, housing livestock or poultry and processing dairy products.
(27) "Farming use" means any portion of land used for agriculture, including dairying, pasturage, horticulture, truck gardening, floriculture, trees, grain, forage crops, animal and poultry husbandry or any use of the same general character.
(27.1) “Fence” means a barrier made in whole or part of posts, wire, boards or plant material which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between public right-of-way and a property.
(27.2) “Floor area, gross” means the total area, computed on a horizontal plane, within the outside dimensions of a building.
(27.3) “Floor area, ground” means the square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level exclusive of open porches, breeze-ways, terraces, garages, and exterior stairways.
(28) "Garage, private" means an accessory building with capacity for not more than three (3) motor vehicles per family, nor more than one of which may be a commercial vehicle of not more than three (3) tons capacity. A garage designed to house two motor vehicles for each family housed in an apartment shall be classed as a private garage.
(29) "Garage, public" means any building, or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
(30) “Ground floor area" means the square-foot area of a building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages and exterior stairways.
(30.1) “Group home”:
A. Means a home which:
1. Provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled;
2. Is occupied as a residence by individuals who are developmentally disabled, behaviorally disabled, or both;
3. Is licensed by the Department of Health and Human Service; and
4. Complies with the State Fire Commission regulations for residential facilities.
B. Behavioral and developmental disabilities are as follows:
1. “Behavioral disability” means a disability of a person which:
a. Is attributable to severe or persistent mental illness, emotional disorder or chemical dependency; and
b. Results in substantial functional limitations in self-direction, capacity for independent living or economic self-sufficiency.
2. “Developmental disability” means a chronic disability of a person which:
a. Is attributable to a mental or physical impairment or combination of mental and physical impairments;
b. Is likely to continue indefinitely;
c. Results in substantial functional limitations in self-direction, capacity for independent living or economic self-sufficiency; and
d. Reflects the person’s need for a combination and sequence of special, interdisciplinary or generic care, treatment, or other services which are lifelong or extended duration and are individually planned and coordinated.
(30.2) “Handicapped” means a person with a physical or mental disability that substantially limits physical activity. All handicap ramps do not have to meet yard setbacks providing they are no higher than four (4) feet and do not block or interfere with a public right-of-way.
(31) "Home occupation" means:
A. Any business enterprise:
1. Conducted in a residential zone and entirely on the residential property;
2. Participated in solely by family members or relatives residing at the residentially zoned property with only one nonresident of said property; and,
3. Constituting a use subordinate to the residential use of the property.
B. Further, the home occupation use shall not change the character of the residential property as a residence. By definition, a home occupation use shall not:
1. Change the outside appearance of any buildings or structures on the residential property as visible from the street.
2. Create any safety hazard or nuisance as defined in the Codified Ordinances of the City of Clarksburg.
3. Result in any outside storage or display.
4. Make use of any accessory building on the property other than for storage.
5. Result in any signage identifying the home occupation use on the property.
6. Result in the utilization of any more than 300 square feet of the dwelling.
7. Result in pedestrian or vehicular traffic of any kind between the hours of 8:00 p.m. and 8:00 a.m.
(Ord. 95-6. Passed 3-2-95.)
(31.1) “Hospital” means an institution providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices which are an integral part of the facility, provided such institution is operated by, or treatment is given under direct supervision of licensed physicians.
(32) "Hotel" means a building in which lodging is provided and offered to the public for compensation and which to open to transient guests, in contradistinction to a boarding or lodging house.
(33) "Junk yard" means any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including, but not limited to, used or salvaged base metal, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matter; and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
(34) "Kennel" means, any lot or premises on which four or more dogs or small animals, at least four (4) months of age, are kept.
(34.1) “Lighting” in all zoning districts of the City private luminaries for commercial and residential uses, such as spot lights, flood lights, dusk-to-dawn lights, etc. shall be designed and mounted with the following consideration:
A. Illumination shall be directed in a downward manner and shall be arranged to reflect light away from all adjoining land owners. Light shall require shielding if reflecting onto other properties.
B. Luminaries shall not be located more than twenty (20) feet above ground level or not higher than the principle building located on premises, whichever is less.
(34.2) “Livestock” permitted in the City of Clarksburg is limited to poultry and rabbits. These may be owned and raised for personal consumption only. No retail use of livestock is permitted. No livestock will be allowed, if, in the opinion of the City Zoning Officer or City Health Officer, it is not being kept in a safe and healthy manner.
(34.3) “Living space” and required space shall be defined as contained in the applicable codes as adopted by the Clarksburg City Council. Notwithstanding anything to the contrary, living space shall include, however, bathrooms and closets. All hallways shall be excluded in ascertaining living space.
(35) "Loading and unloading berths" means the off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this Zoning Ordinance to held to be a twelve (12) foot by forty-five (45) foot loading space with a fourteen (14) foot height clearance.
(36) "Lot" means a parcel, tract or area of land abutting upon a street or place for at least fifty percent (50%) of the lot width prescribed for the district in which the lot is located. It may be a single parcel separately described in a deed or plat which to recorded in the office of County Court Clerk, include parts of, or a combination of such parcels, when adjacent to one another and used as one. in determining lot area and boundary lines, no part thereof within the limits of a street shall be included.
(37) "Lot, corner" means a lot at the junction of and abutting two (2) or more intersecting streets.
(38) "Lot, interior" means a lot other than a corner lot or through lot.
(39) "Lot, through" means a lot having frontage on two (2) parallel or approximately parallel streets or places.
(40) "Lot coverage" means the percentage of the lot area covered by the building area.
(41) "Lot ground level" means:
A. For buildings having walls adjoining one street only, the elevation of the curb level opposite the center of the wall adjoining the street.
B. For buildings having walls adjoining more than one street, the average of the elevation of the curb level opposite the center of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five (5) feet from a street is to be considered as adjoining the street.
(42) "Lot width" means the dimension of a lot, measured between side lot lines on the building line.
(43) "Lot line, front" means in the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line.
(44) "Lot line, rear" means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.
(45) "Lot line, side" means any lot boundary line not a front lot line or a rear lot line.
(Ord. 97-9. Passed 9-4-97.)
(45.1) “Medication-Assisted Treatment Program Facility” means a facility whose general purpose is to treat opioid addiction and similar medical issues with the use of controlled substances. These facilities are permitted within the State of West Virginia and must comply with the Medication-Assisted Treatment Program Licensing Act, as provided §16-5Y of the West Virginia State Code.
(Ord. 22-2. Passed 1-20-22.)
(45.2) “Mechanical tellers” means computer operated banking facilities, either drive-thru or walk-up. (Ord. 97-9. Passed 9-4-97.)
(45.3) "Micro-Distillery" means an establishment where in any one year no more than 10,000 gallons of alcoholic liquor is manufactured.
(45.4) "Mini-Distillery" means an establishment where in any year no more than 50,000 gallons of alcoholic liquor is manufactured. (Ord. 23-17. Passed 7-20-23.)
(45.5) "Mixed use (vertical zoning)" means zoning which allows different uses to be located at different elevations in the same building in commercial districts the ground floor is restricted to commercial uses while residential uses are permitted above the ground floor.
(46) "Modular Home"means any structure which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on the building site; housing units defined as mobile homes are excluded from this definition.
(47) "Mobile home park" means an area of land upon which two (2) or more mobile homes are harbored for the purpose of being occupied either free of charge or for revenue purposes, and shall include any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park. A mobile home is any vehicle, including the equipment sold as a part of a vehicle, which is so constructed as to permit its being used as a conveyance upon streets by either self-propelled or non-self-propelled means which is designed, constructed or reconstructed, or added to by means of an enclosed addition or room in such manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons, which is both used and occupied as a dwelling or sleeping place having no foundation other than wheels, jacks, skirting or other temporary supports. In addition, if a mobile home, as described above, is affixed to real estate by means of a permanent or semipermanent foundation, such mobile home shall not be considered as a dwelling, but shall be considered a mobile home.
(48) "Motel" means a series of buildings or detached buildings used as dwelling units containing bedroom, bathroom and closet space, and each unit having convenient access to a parking space for the use of the unit's occupants. The units, with the exception of the apartment of the manager or caretaker, are devoted to the use of automobile transients.
(48.1) “Nonconforming lot” means any lot which does not conform with the minimum width, depth, and area dimensions specified for the district where such a lot is situated.
(48.2) “Nonconforming structure” means a building or structure or portion thereof, irrespective of use, lawfully existing at the time of passage of the Chapter (or as later amended), designed or arranged, in a manner which does not conform to dimensional use regulations applicable in the Zoning District in which it is located, and which is not adaptable without major structural alterations.
(48.3) “Nonconforming uses” means a use of a structure or a lot or portion thereof, lawfully existing at the time of the adoption of this Ordinance (or as later amended), which does not conform to the use regulations applicable in the Zoning District in which it is located.
(48.4) “Open space” means the unoccupied space open to the sky on the same lot as the principal building. This area excludes the areas of principal and accessory structures, streets, driveway, parking areas; but may include areas occupied by walkways, open patios, playgrounds and other such areas occupied by outdoor recreation or play apparatus. (Ord. 97-9. Passed 9-4-97.)
(48.5) "Off-Premises Consumption Alcoholic Beverage Sales Land Uses" means the retail sale of beer, wine, or other alcoholic beverages for off-premise consumption in accordance with West Virginia Alcoholic Beverage Control Administration Class B licenses procedures. (Ord. 23-17. Passed 7-20-23.)
(49) "Parking area public" means an open area, other than a street, place or alley, designed for use or used for the temporary parking of more than four (4) motor vehicles when available for public use, whether free or for compensation, as an accommodation for clients or customers.
(50) "Parking space" means a space other than a street, place or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than nine (9) feet wide and twenty (20) feet long exclusive of passageways.
(50.1) “Patio” means an area or courtyard designed for outdoor living purposes as an accessory use to a structure, which shall be completely unenclosed except for any side which may adjoin a structure, fence or hedge. Any patio exceeding twelve (12) inches in height shall be considered a deck.
(50.2) “Permitted use” means any use which does not require special action by the Board before a zoning permit is granted by the Zoning Official.
(50.3) “Person” means a corporation, firm partnership, association, organization or any other group acting as a unit, as well as a natural person or persons.
(51) "Place" means an open, unoccupied space other than a street or alley, permanently reserved for use as the principal means of access to property.
(51.1) “Plat” means a map or chart indicating the subdivision or re-subdivision of land, either filed or intended to be filed for record.
(51.2) “Porch” means a roofed or unroofed structure projecting from the front, side or rear wall of the building which shall have no wall more than thirty-six (36) inches high and which shall be open on all sides except the side adjoining the building. All porches shall be regulated as a part of the principal structure.
(51.3) “Principal structure” means a building in which the principal use of the lot on which it is situated in any residential district. Any structure containing a dwelling shall be deemed to be the principal building. (Ord. 97-9. Passed 9-4-97.)
(51.4) "Private Club" means an establishment that is licensed by the West Virginia Beverage Control Administration to provide for the on-premise consumption of beer, wine, and/or alcoholic liquor. (Ord. 23-17. Passed 7-20-23.)
(52) "Private school" means private pre-primary, primary, grade, high or preparatory school or academy.
(52.1) “Professional office” means the office of a physician, dentist, optometrist, minister, architect, landscape architect, planner, engineer, insurance man, realtor, accountant, lawyer, author, musician, and such other professional occupations which may be so designated by the Board of Zoning Appeals. By so designating, the Board must find that such occupation is truly professional in character by virtue of the need for similar training or experience as the above and as a condition of the practice thereof. The practice of such occupation shall in no way adversely affect the safety and amenity of surrounding property to a greater extent than for the professional activities listed herein. The issuance of a State or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
(52.2) “Public utility installations” means the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal departments or commissions or for the public health or safety or general welfare.
(52.3) “Recreation” means the following:
A. “Commercial recreation” means recreation facilities operated as a business and open to the general public for a fee.
B. “Noncommercial private recreation” means clubs or recreation facilities operated by nonprofit organizations and open only to their members and gratuitous guests.
C. “Public recreation” means recreation facilities operated as a nonprofit enterprise by a governmental entity or a nonprofit organization and open to the public.
D. “Private recreation” means a recreation facility located on private property, accessory to the principal structure, and used and enjoyed solely by the residents and their friends for entertainment. Such facilities shall not be accessible to the general public. Facilities include but are not limited to : swimming pools, tennis courts, basketball courts.
(52.4) “Service stations” means buildings and land areas where gasoline, oil, grease, batteries, tires, and automobiles accessories are intended to be supplied and dispensed at retail, and where minor repair services are rendered. Such services may include repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar services for motor vehicles which do not include these services normally associated with major repair service stations as defined. (Ord. 97-9. Passed 9-4-97.)
(52.5) “Shelter (land-use)” means a facility whose general purpose is to provide temporary food, clothing or sleeping arrangements to persons, families or parts of families on a temporary occupancy to persons who are homeless, displaced, or victims of physical or mental abuse. Short term counseling during stay may also be provided. The shelter shall have appropriate supervisory personnel. Such facility must meet all applicable standards of the Department of Health, State Fire Marshal, and any other Federal, State, County or City agency which has regulatory power over the said facility. Shelter (land-use) does not include temporary cold-weather emergency shelters generally associated with church and non-profit seasonal homeless person’s sheltering.
(Ord. 22-2. Passed 1-20-22.)
(52.6) “Shopping center” means a group of two (2) or more stores planned and designed to function as a unit for the lot on which it is located usually with off-street parking provided as an integral part of the unit.
(53) "Sign" means any advertising sign, billboard, board. device, structure or part thereof or device attached thereto or painted or represented thereon, for advertising, display or publicity purposes. Signs placed or erected by governmental agencies for the purpose of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein.
(53.1) “Site plan” means a plan depicting the lot boundaries and all present and future improvements. For an application to be complete, a site plan shall be submitted with all applications. The distance from any structure to the lot boundaries shall be clearly shown on the plan.
(53.2) “Special exception use” means a use which because of its unique characteristics requires individual consideration in each case by the Board of Zoning Appeals before a zoning permit may be issued in accordance with general land use characteristics of the neighborhood.
(53.3) “Story” means that portion of a building, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it, it shall be the story.
(53.4) “Story, half” means that portion of a building under a sloping gable, hip, or gambrel roof, the wall plates on at least two (2) opposite exterior walls of which are not more than three (3) feet above the floor level of such half-story.
(54) "Street" means a public way established or dedicated by duly recorded plat, deed, grant. governmental authority or by operation of law and providing principal access to abutting property.
(55) "Structure" means anything constructed or erected which requires location on the ground or attachment to something having a location on the ground.
(56) "Structural alteration" means any change in the supporting members of a building such as bearing walls or partitions, columns, beams, girders or any substantial change in the exterior walls or the roof.
(56.1) “Swimming pool- private outdoor” a single private outdoor swimming pool per dwelling unit is permitted as an accessory use to a residential structure provided that such swimming pool is for the private use of the residents of the dwelling unit or for their guests and provided that the edge of the pool is not located closer than ten (10) feet to any property line and that a four-foot high fence measured from the ground level shall completely surround the area of all pools. Permits shall be required for all pools capable of holding two (2) or more feet of water (in depth). In the case of above ground pools, the sidewalls may be considered as part of the fencing requirements. A pool may not be constructed in the required front yard.
(Ord. 97-9. Passed 9-4-97.)
(56.2) "Tavern" means an establishment that is licensed by the West Virginia Beverage Control Administration to provide for the on-premise consumption of beer and /or wine but not alcoholic liquor. (Ord. 23-17. Passed 7-20-23.)
(57) "Terrace" means a natural or artificial embankment between a building and its lot line.
(58) "Terrace, height of" means the difference in elevation between the curb level and the top of the terrace at the center of the building wall.
(59) "Tourist home" means a building in which one but not more than five (5) guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.
(60) "Townhouse" means a structure containing two (2) or more single-family dwellings which are attached by a common party wall. Townhouses may be held in separate ownership.
(61) "Trade or business school" means secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for teaching industrial or technical arts.
(62) "Use" means the employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.
(63) "Use, open" means the use of a lot without a building or including a building incidental to the use with a ground floor area equal to fifteen percent (15%) or less of the area of the lot.
(64) "Variance" means a modification of the specific requirements of this Zoning Ordinance granted by the Board of Zoning Appeals in accordance with the terms of this Ordinance for the purpose of assuring that no property, because of special circumstances applicable to It, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.
(65) "Vision clearance on corner lots" means a triangular space at the street corner of a corner lot free from any kind of obstruction to vision between the heights of three (3) and twelve (12) feet above established grade, determined by a diagonal line connecting two (2) points measured fifteen (15) feet equidistant from the street corner along each property line. (Ord. 97-9. Passed 9-4-97.)
(65.1) "Winery" means an establishment where wine or alcoholic cider is manufactured or in any way prepared. (Ord. 23-17. Passed 7-20-23.)
(66) "Yard" means a space on the same lot with a main building, open, unoccupied and unobstructed by structures, except as otherwise provided in this Zoning Ordinance.
(67) "Yard, front" means a yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the street right-of-way line and the building line.
(68) "Yard, rear" means a yard extending across the full width of the lot between the rear of the main building and the real lot line unoccupied other than by accessory buildings which do not occupy more than thirty percent (30%) of the required space the depth of which is the least distance between the rear lot line and the rear of such a main building.
(69) "Yard, side" means a yard between the main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at ninety degrees (90º) with the side lot line, from the nearest part of the main building.
(70) "Zone map" means a map entitled "City of Clarksburg, West Virginia Zone Map" date 1959, and any amendments thereto.
(71) "Zoning Ordinance" or "Ordinance" as used in Chapter One to Three of Part Thirteen - Planning and Zoning Code means the Zoning Ordinance passed January 18,1961, as amended. (1969 Code. 27-1 4-21-77)
(72) "Nightclub" means a restaurant without an ABC license furnishing food, drink, beer and/or entertainment and one which is not open for breakfast or for meals to be served prior to noon on a regular basis and which is open for business on a regular basis after 9:00 p.m.
(73) "Billiard or pool room" means a place where the game of billiards or pool is played.