§ 152.056 DEFINITIONS.

   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABANDONMENT. The relinquishment of property or a cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or resuming the nonconforming use of the property for a period of one year. In the case of natural resources, the absence of natural resources extraction or harvesting is not ABANDONMENT.

   ACCESSORY STRUCTURE or ACCESSORY BUILDING. A structure or building on the same lot with or on an adjacent lot to, and of a nature customarily incidental and subordinate to, the principal use or structure, including but not limited to swimming pools, piers and other water related structures, parking, fences, gazebos, satellite dishes, doghouses and dog-related structures, noncommercial greenhouses, sheds, and private garages.

   ACCESSORY USE. A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, including private garages, noncommercial greenhouses, urban agriculture, and drive-through facilities.

   ACCESSWAY. A private vehicular facility for townhomes, multi-family dwellings, and condominiums, serving more than four dwelling units, and commercial developments that extends from the curb-line extended of a public or private road to the parking lot.

   Accessway

   ADULT BOOKSTORE. Any commercial establishment in which is offered for sale as a substantial or significant portion of its stock-in-trade videocassettes, movies, books, magazines or other periodicals, or other media which are distinguished or characterized by their emphasis on nudity or sexual conduct or on activities which, if presented in live presentation, would constitute adult entertainment.

   ADULT BUSINESS. An adult bookstore, movie theater, or movie house or other adult entertainment, as defined herein.

   ADULT ENTERTAINMENT. An establishment providing, either as a sole use or in conjunction with or in addition to other uses, entertainment consisting of the use of nudity or of live dancing, posing, displaying, acting or other live presentation or use of persons whose actions are distinguished or characterized by emphasis on use of the human body in a manner intended to or resulting in arousal of sexual excitation or sexual titillation or a prurient interest or intended to or resulting in producing lustful emotions.

   ADULT MOVIE THEATER OR MOVIE HOUSE (including ADULT MINI-THEATERS). Any movie theater which on a regular, continuing basis shows films rated X by the Motion Picture Coding Association of America or any movie theater which presents for public viewing on a regular, continuing basis so-called adult films depicting sexual conduct.

   ADVERTISING. Any words, symbol, color, or design used to call attention to a commercial product, service, or activity.

   AGENT. A person who is authorized to act for or in place of an applicant, or someone who is a representative of the applicant.

   AGGRIEVED or AGGRIEVED PERSON. A person who:

      (1)   Is denied by the Planning Commission, Board of Subdivision and Land Development Appeals, or the Board of Zoning Appeals, in whole or in part, the relief sought in any application or appeal; or

      (2)   Has demonstrated that he or she will suffer a peculiar injury, prejudice, or inconvenience beyond that which other residents of the county or municipality may suffer.

   AGRICULTURAL BUILDING. A structure designed to house farm implements, hay, grain, poultry, livestock or other agricultural products. For the purpose of this definition, this structure shall not contain habitable space or a place of employment where agricultural products are processed or treated or packaged; nor shall it be a place used by the public.

   AGRICULTURE. The keeping of livestock, poultry, bees, and similar endeavors, and the cultivation of the soil.

   AIRPORT. Any area of land or water designated, set aside, used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings.

   ALLEY. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.

   Alley

   ALTERATION. Any change, addition, or modification in construction or occupancy of an existing structure.

   ALTERNATIVE SUPPORT STRUCTURE. Man-made trees, clock towers, steeples, light poles, flag poles, power transmission towers, buildings, signs, and similar alternative design mounting structures that partially or fully camouflage or conceal the presence of antennas or towers.

   AMPHITHEATER. An outdoor gathering space typically for entertainment which is often constructed with tiers of seats or sloping surfaces that gradually rise outward from a central open space or stage. An AMPHITHEATER may include a bandshell-type building or structure to provide weather protection to a stage.

   ANIMAL HOSPITAL/VETERINARY OFFICE. An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment, and shall exclude the treatment or other care of humans. An ANIMAL HOSPITAL/VETERINARY OFFICE is not considered a “kennel” for the purpose of this code, but may be combined with the kennel land use in districts where both uses are permitted.

   ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

   ANTENNA SUPPORT STRUCTURE. Any building or structure other than a tower which can be used for location of telecommunications facilities.

   AUTOMOBILE. A motorized road vehicle, typically with four wheels, able to carry a small number of people.

   AUTOMOBILE CAR WASH. Any building, site, or premise or portions thereof, used for washing the interior or exterior of automobiles. An AUTOMOBILE CAR WASH shall include self-operated facilities, but shall not include incidental one-bay washing facility in an automobile repair or service station where such facilities are incidental to the operation of said automobile repair or service station.

   AUTOMOBILE REPAIR/SERVICE. Any building, structure, improvements, or land used for the repair or maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo equipment or cellular telephones.

   BAKERY. An establishment used for the preparation of baked goods primarily for retail sales but may include incidental wholesale for general distribution or consumption off-site.

   BANK/FINANCIAL INSTITUTION. An establishment that provides services such as retail banking, collection services, loan services, and tax and investment services to individuals and businesses.

   BASE STATION. The structure or equipment at a fixed location that enables wireless telecommunications licensed or authorized by the FCC, between user equipment and a communications network.

      (1)   Includes, but is not limited to, equipment associated with wireless telecommunications services, such as private, broadcast, and public safety services, as well as unlicensed wireless telecommunication services and fixed wireless telecommunication services, such as microwave backhaul.

      (2)   Includes, but is not limited to, radio transceivers, antennas affixed to the base station, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

      (3)   Includes any structure other than a tower that, at the time an eligible facilities modification application is filed with the city, supports or houses equipment described in divisions (1) and (2) above, and that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

      (4)   Does not include any structure that, at the time a completed eligible facilities modification application is filed with the city under this chapter, does not support or house equipment described in divisions (1) and (2) above.

      (5)   The term does not encompass a “tower” as defined in this section, or any equipment associated with a tower.

   BASEMENT. A space having one-half or more of its floor-to-ceiling height below the average level of the adjoining ground.

   BED AND BREAKFAST INN I. A private residence in which overnight accommodations are provided for not more than eight transient paying guests in up to four bedrooms at any particular time for not more than 31 consecutive days and not more than 90 days in one calendar year. The residence is owner-occupied.

   BED AND BREAKFAST INN II. A private residence in which overnight accommodations are provided for not more than ten transient paying guests in up to ten bedrooms at any particular time. The residence is occupied by the owner or a designee during the guests’ overnight stay and is otherwise occupied by the owner or a designee.

   BED AND BREAKFAST INN III. A private residence in which overnight accommodations are provided for not more than eight transient paying guests in up to four bedrooms at any particular time, for not more than 180 consecutive days.

   BOARD OF ZONING APPEALS. The officially constituted body appointed to carry out duties and responsibilities in accordance with the W.Va. Code Ch. 8A, Art. 8, et seq., as amended.

   BOAT AND MARINE SALES/SERVICE. Any building or lot used for the sale of, maintenance, servicing, repair, or painting of boats and other related watercraft.

   BOAT STORAGE. An enclosed, partially enclosed, or open facility utilized for the wet or dry storage of boats.

   BOLLARD. A short, vertical, and permanent post, usually ornamental in nature, used to inhibit trespass by persons or vehicles, or to prevent encroachment onto private property or other defined space.

   BREWERY. A state-licensed establishment where intoxicating or nonintoxicating beer is manufactured or in any way prepared and may include a tasting facility as defined in this section. Facilities are subject to federal, state, and local regulations and guidelines.

   BREWERY PUB. A place of manufacture of nonintoxicating beer or nonintoxicating craft beer owned by a resident brewer, subject to federal and state regulations and guidelines, a portion of which premises are designated for retail sales of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.

   BROADCASTING STUDIO (RADIO/TELEVISION). Any premises or station authorized by the appropriate regulating agency used for the purpose of providing broadcasting services for general reception.

   BUILDING. Any structure having enclosing walls and roofs and requiring a permanent location on the land.

      (1)   BUILDING FRONTAGE. The length of the main wall of a building which physically encloses usable interior space and which is the architecturally designed wall that contains the main entrance for use by the general public. The frontage is measured at a height of ten feet above grade.

      (2)   PRINCIPAL BUILDING. A building in which is conducted the principal use of the site or lot on which it is situated. In all residential districts, a dwelling is the PRINCIPAL BUILDING on the lot on which it is located.

   BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed finished grades immediately adjacent to the front lot line to the highest point of the roof for flat roofs, to the deck line for mansard roofs, to the mean height between eaves and ridge for gable, hip, and gambrel roofs. If there are two or more separate roofs on a single building, the height of such building shall be calculated from the highest roof. See Figure 1 in the Appendices to Ord. 301.

   BUILDING MATERIAL FACILITY. An establishment that sells home, lawn, and garden supplies and tools and construction materials, such as brick, lumber, hardware, and other similar materials. Construction goods may be located in outdoor storage.

   BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest part of any principal building, including decks, patios, covered porches, steps, and landings exceeding 24 square feet, but excluding eaves, overhangs, bay windows, sills, belt courses, cornices, and ornamental features not exceeding two feet in width, to the nearest edge of a street right-of-way, property line, or easement line, when measured perpendicular thereto.

   Building Setback Line

   BUS/TRANSIT FACILITIES. A facility, including terminals, depots, and passenger waiting, loading, and unloading stations of bus and other transit companies and districts. Also, includes facilities providing any and all types of general or specialized maintenance services or storage areas for buses and other transit vehicles of a transit company or district, public or private, providing transportation services primarily for people.

   BUS/TRANSIT SHELTER. A covered structure at a bus or other transit stop providing protection against the weather.

   BUTCHER SHOP. An indoor business where the slaughter of animals, dressing animal flesh, or selling animal meat, or any combination thereof, occurs for the purposes of retail sale or sale to wholesalers.

   CAMOUFLAGE or CONCEAL or CONCEALMENT or STEALTH. Having similar design and coloration features as the surrounding environment, utility pole, or building.

   CAMPGROUND. A publicly or privately owned site designed, designated, maintained, intended, or used for the purpose of supplying a location for seasonal, recreational, and temporary living purposes in cabins, tents, or recreational equipment or vehicles open to the public for free or for a fee. This definition excludes “tourist” or “trailer camps.”

   CANOPY. A roof-like structure either projecting from a building facade and open on three sides, or standing alone and open on four sides, and used for the purpose of protecting pedestrians and motorists from weather-related elements.

   CATERING BUSINESS. An establishment used for the preparation and delivery of food and beverages for off-site consumption. This establishment may provide for an on-site pickup, but may not provide for on-site consumption.

   CENTERLINE. An imaginary line running parallel to street or easement right-of-way lines and equidistant from the lines on each side of the street or easement, or a line following the center of a physical feature such as a stream.

   CHILD DAY CARE FACILITY. Divided into four classes as defined in the West Virginia Code.

      (1)   CHILD DAY CARE FACILITY, CLASS 1. A facility maintained by the state or any county or municipality thereof, or any agency or facility maintained by an individual, firm, corporation, association or organization, public or private for the care of 13 or more children for child care services in any setting, if the facility is open for more than 30 days per year per child.

      (2)   CHILD DAY CARE FACILITY, CLASS 2. A facility which is used to provide nonresidential childcare services for compensation for seven to 12 children, including children who are living in the household, who are under six years of age. No more than four of the total number of children may be under 24 months of age. A facility may be in a provider’s residence or a separate building.

      (3)   “CHILD DAY CARE FACILITY, CLASS 3. A facility which is used to provide nonresidential childcare services for compensation in a provider’s residence. The provider may care for four to six children, at one time including children who are living in the household, who are under six years of age. No more than two of the total number of children may be under 24 months of age.

      (4)   CHILD DAY CARE FACILITY, CLASS 4. Residential childcare services for compensation for three or fewer children, including children who are living in the household, who are under six years of age. Care is given in the provider’s own home to at least one child who is not related to the caregiver.

   CIDERY. A state-licensed establishment where intoxicating or nonintoxicating cider is manufactured or in any way prepared for commercial (not solely personal) use. These establishments are licensed under the winery provisions by the WVABC.

   CITY OF ELKINS UTILITY POLE. A utility pole owned or operated by the city in a public right-of-way.

   CLEAR SIGHT TRIANGLE. The triangular area formed by intersecting street, alley, or other public right-of-way centerlines and a line interconnecting points established on each centerline, 75 feet from the point of intersection and the plane established two and one-half feet in elevation to a height of eight feet from grade level at the intersection of the street, alley, or other public right of way centerline.

   CLINIC. An establishment providing medical, chiropractic, psychiatric, or surgical services exclusively on an outpatient basis, including emergency treatment, and diagnostic services or any other human rehabilitation service.

   COLLAPSE ZONE. An area where a tower may collapse based on the site and design specifications and which is certified and stamped by an engineer licensed in the State of West Virginia.

   COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.

   COMMUNICATIONS FACILITIES. The set of equipment and network components, including wires, cables, antennas, and associated facilities, used by a communications service provider to provide communications service.

   COMMUNICATIONS SERVICE. Cable service, as defined in 47 U.S.C. § 522(6), as amended; information service, as defined in 47 U.S.C. § 153(24), as amended; telecommunications service, as defined in 47 U.S.C. § 153(53), as amended; mobile service, as defined in 47 U.S.C. § 153(33), as amended; or wireless service other than mobile service.

   COMMUNICATIONS SERVICE PROVIDER. Any entity that provides communications service.

   COMMUNITY FACILITY. A nonprofit facility, whether publicly or privately owned, with the primary goal to provide a community service. Services may include information socializing, recreation and counseling, but shall exclude the provision of sleeping quarters, except for one caretaker dwelling unit to be used for security and maintenance purposes.

   COMPREHENSIVE PLAN. The comprehensive plan for the city.

   CONCEAL or CONCEALMENT. When an antenna, small wireless facility, decorative pole, utility pole, or related equipment are designed to look like a feature other than a small wireless facility and which has similar design and coloration features as the surrounding environment.

   CONDITIONAL USE. A use which because of special requirements or characteristics may be permitted in a particular zoning district only after review by the Board of Zoning Appeals and upon issuance of a conditional use permit, and subject to the limitations and conditions specified in this code.

   CONFERENCE CENTER. A building or part of a building designed to host conventions, trade shows, exhibits, assemblies, meetings, and similar events, and may include large and small halls and meeting rooms. Services associated with meetings and events, such as catering, meal service, bar service, and related accessory uses and services shall also be permitted.

   CONTINUING CARE FACILITY. One or more of the following facilities:

      (1)   ADULT ASSISTED LIVING. Any facility, residence, or place of accommodation available for four or more residents for the purpose of having personal assistance or supervision, or both, provided to any residents therein who are dependent upon the services of others by reason of physical or mental impairment and who may also require nursing care at a level that is not greater than limited and intermittent nursing care. Such facility shall comply with the provisions of the West Virginia Code.

      (2)   NURSING HOME. Any institution, residence, or place, or any part or unit thereof, however named, which is advertised, offered, maintained, or operated by the ownership or management, whether for consideration or not, for the express or implied purpose of providing accommodations and care, for a period of more than 24 hours, for four or more persons who are ill or otherwise incapacitated and in need of extensive, ongoing nursing care due to physical or mental impairment or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation.

      (3)   SKILLED NURSING FACILITY. An institution, or a distinct part of an institution, that primarily provides inpatient skilled nursing care and related services, or rehabilitation services, to injured, disabled, or sick persons.

   CONTRACTOR. A person who contracts to do work for an applicant, including any person sub-contracted to a person contracted to do work for an applicant.

   CONVENIENCE STORE. An establishment engaged in the retail sale, from the premises, of food, beverages, and other frequently or recurrently needed items for household use, but not including the display of merchandise or products outdoors, except where such display is required to sell the merchandise. This land use does not include a gas station, but a CONVENIENCE STORE may be combined with a gas station or large gas station provided that the combined uses are each permitted within the district.

   CONVERSION. The remodeling or alteration of a structure so as to accommodate more leasable or saleable units or a different use than what had originally been intended for the structure, provided the existing zoning permits the intended use. This includes the alteration of a non-residential structure into a dwelling unit(s) for at least one family, the alteration of existing dwellings into a commercial use, and the alteration of an existing dwelling into a mixed commercial and residential use.

   CONVERSION OF SCHOOL/CHURCH. The conversion (as defined by this section) of a former school or church for multi-family dwelling or commercial purposes.

   CORRECTIONAL FACILITY. A publicly or privately operated facility housing persons awaiting trial, serving a sentence after being found guilty of a criminal offense, being within the jurisdiction of a federal, state, or local probation, parole, or corrections agency or receiving treatment other than at a hospital while under the jurisdiction of such authority or agency, including but not limited to jails, prisons, juvenile detention centers, work release centers, prerelease centers, and treatment centers.

   COUNCIL. The City Council of the City of Elkins, West Virginia.

   COUNTY. Randolph County, West Virginia.

   COWORKING SPACE. A room or rooms which may contain desks or other workspaces and facilities and is used by entrepreneurs, small teams, and/or employees of multiple companies to work on their own projects. Rules for membership and participation in the coworking space are explicit, transparent and are available to the public. COWORKING SPACES may host classes or networking events which are open either to the public or to current and prospective members. Fabrication tools are limited to those which do not generate noise or pollutants in excess of what is customary within a typical office environment.

   CULTURAL SERVICE. The use of a site engaging in the collection, display, or preservation of objects of community or cultural interest.

   DAY. A calendar day. When computing any period of time prescribed by any applicable provision of this chapter, the day of the act, event, default, or omission from which the applicable period begins to run is not included. The last day of the period so computed is included, unless it is a Saturday, a Sunday, a legal holiday, or a designated day off, in which event the prescribed period of time runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or designated day off.

   DECORATIVE POLE. A city utility pole that is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than a small wireless facility, specially designed informational or directional signage, or temporary holiday or special event attachments have been placed, or are permitted to be placed, according to nondiscriminatory municipal rules or codes.

   DESIGNATED SCENIC RESOURCES. A specific location, view or corridor identified as a scenic resource in the comprehensive plan or by a local, state, or federal agency or government and consists of:

      (1)   A three dimensional area extending out from a particular viewpoint on a public right of way, within a public recreational area, or within a component of a state or national park system, focusing on a single object, such as a mountain, resulting in a narrow corridor, or a group of objects, such as a downtown skyline or mountain range, resulting in a panoramic view corridor; or

      (2)   Lateral terrain features such as valley sides or woodland as observed to either side of the observer, constraining the view into a narrow or particular field, as seen from a viewpoint on a public right of way, within a public recreational area or within a component of a state or national park system.

   DISTILLERY. An establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.

   DISTILLERY, MINI. A state-licensed mini distillery establishment where in any year (as defined by WVABC) no more than 20,000 gallons of alcoholic liquor is manufactured with no less than 25% of raw agricultural products being produced by the owner of the mini-distillery on the premises of that establishment, and no more than 25% of raw agricultural products originating from any source outside this state.

   DISTRIBUTION FACILITY. Any premises or part thereof, which provide logistical support for business, such as freight management, inventory control, storage, packaging, and consolidation of goods for distribution.

   DOCK. A structure built over or floating upon the water and used as a mooring place for boats and other marine transport, fishing, swimming, and other recreational uses.

   DOG DAY CARE. An organized, controlled, and monitored environment for a group of dogs to interact and play throughout the day. The purpose is to provide stimulation, exercise, and socialization for dogs, and ancillary services. Overnight stays are not permitted in dog day care facilities unless the use is combined with a kennel.

   DRIVE-THROUGH FACILITY. Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in an automobile during such business transactions.

   DRIVEWAY. An impervious surface for vehicular access to a building, garage, parking facility, or other vehicular facility, lot, or parcel of land.

   Driveway

   DRY CLEANER. An establishment providing dry cleaning and laundering services where dry cleaning and laundering are done on the premises. A DRY CLEANER may also provide ancillary services such as tailoring.

   DWELLING. A house, apartment building, or other building designed or used primarily for human habitation. The word DWELLING shall not include boarding houses or rooming houses, tourist homes, motels, hotels, or other structures designed for transient residence.

   DWELLING, ACCESSORY and CONVERSION DWELLING. A portion of a single-family dwelling converted into two separate dwelling units within the principal structure or new or existing accessory structures.

   DWELLING, CONVERSION APARTMENT. A dwelling unit created by the conversion of an existing single-family dwelling into a three or four family dwelling.

   DWELLING, MIXED USE. A building containing residential uses with a subordinate amount of commercial or office uses on the ground floor facing the primary street frontage, with residential units located primarily above the first floor or located on the first floor only when behind commercial uses.

   DWELLING, MULTI-FAMILY. A freestanding building containing three or more dwelling units, whether they have direct access to the outside, or access to a common building entrance. MULTI-FAMILY DWELLINGS may consist of rental apartment buildings, rental or owner-occupied townhome buildings, and rental or owner-occupied condominium buildings, provided that all such freestanding buildings contain three or more dwelling units.

      (1)   DWELLING, APARTMENT. A building containing several and separate dwelling units, having common corridors and stairways and having shared exit and entrance facilities.

      (2)   DWELLING, CONDOMINIUM. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a CONDOMINIUM unless the undivided interests in the common elements are vested in the unit owners. Yard requirements apply to structures only and not individual ownership units.

      (3)   DWELLING, TOWNHOME. A one-family dwelling unit, with private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light, and ventilation. For purposes of determining the required yard for townhome developments, setbacks only apply from the perimeter of the main building to the perimeter of the parent parcel upon which the building is situated. Also known as a ROWHOUSE.

   DWELLING, SINGLE-FAMILY. A detached building containing not more than one dwelling unit and not occupied by more than one family.

   DWELLING, TWO-FAMILY. A residential building which is the only principal structure on the lot, designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units, each with a separate entrance directly to the outside.

   DWELLING UNIT. Any dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities therefor.

   EDUCATIONAL INSTITUTION. A college or university giving general academic instruction. Included within this term are areas or structures used for administration, housing of students and faculty, dining halls, and social or athletic activities, when located on land contiguous with land on which classroom facilities are maintained.

   ELIGIBLE FACILITIES REQUEST. A request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving: collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment.

   ELIGIBLE SUPPORT STRUCTURE. Any tower or base station, as defined in this section, provided that such tower or base station is in existence at the time the eligible facilities request application is filed with the city.

   EMERGENCY SERVICES. An area utilized for the maintenance, fueling, storage, dispatching, or parking of vehicles or equipment providing rescue or ambulatory services.

   EMERGENCY SHELTER. A structure or part thereof, operated on a non-profit basis to temporarily house families or individuals who are victims of disaster, who are affected through action on the part of or on behalf of the municipality other than routine redevelopment related relocation activities, or who have bona fide state or federal emergency housing needs.

   EQUIPMENT CABINET. An enclosure, room, shelter, structure, or building used to encapsulate, enclose, contain or otherwise support equipment associated with a wireless telecommunication facility.

   EQUIPMENT RENTAL/REPAIR. An establishment involved in renting or repairing tools and equipment, janitorial equipment, and so forth.

   ESSENTIAL UTILITIES AND EQUIPMENT.

      (1)   Underground or overhead electrical, gas, communications not regulated by the federal communications commission, water and sewage systems, including pole structures, towers, wires, lines, mains, drains, sewers, conduits, cables, fire alarm boxes, public telephone structures, police call boxes, traffic signals, hydrants, regulating and measuring devices and the structures in which they are housed, and other similar equipment accessories in connection therewith.

      (2)   ESSENTIAL UTILITY EQUIPMENT is recognized in three categories: (a) local serving; (b) nonlocal or transmission through the county or municipality; and (c) water and sewer systems, the activities of which are regulated, in whole or in part, by the Public Service Commission; Department of Environmental Protection; or the Department of Health and Human Resources.

   EVENT. A planned public or social occasion, including but not limited to activities such as community fairs, carnivals, parades, horse shows, horse trials, dog shows, sporting events, music or art festivals, and holiday celebrations. Excluded from the definition of EVENTS and from the regulations of this code, are the following: any event sponsored by the Armed Forces of the United States or the State of West Virginia; any event sponsored by the forces of state or local police or fire departments; any event sponsored by an agency of the state, county, or local government; and activities that are part of the regular operations of a principal use, such as weddings at a church, annual fund raising or social events, and typical accessory events at educational, scientific, or institutional sites.

   EVENT, MASS GATHERING. An event, as defined herein, resulting in the assemblage of more than 300 persons on any one parcel or any special event, as defined herein, where camping or overnight lodging are offered.

   EXISTING TOWER OR BASE STATION. A lawfully constructed tower or base station approved under the applicable zoning and siting process of the city, approved under another state or local regulatory review process, or permitted to continue to operate as a nonconforming use.

   EXISTING USE. Use of land, buildings, or activity permitted or in existence prior to the adoption of a zoning map or ordinances by the county or municipality. If the use is nonconforming to local ordinance and lawfully existed prior to the adoption of the ordinance, the use may continue to exist as a nonconforming use until abandoned for a period of one year, provided that in the case of natural resources, the absence of natural resources extraction or harvesting is not abandonment of the use.

   EXTRACTIVE INDUSTRY. Heavy industry use that involves the extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gasses, such as natural gasses. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

   FAA. The Federal Aviation Administration, or its lawful successor.

   FACTORY-BUILT HOME. Includes mobile home and manufactured homes.

      (1)   MANUFACTURED HOME. Meets the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), effective on June 15, 1976, and the federal manufactured home construction and safety standards and regulations promulgated by the Secretary of the United States Department of Housing and Urban Development.

      (2)   MOBILE HOME. A transportable structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and designed for long-term residential use and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), effective on June 15, 1976, and usually built to the voluntary industry standard of the American National Standards Institute (ANSI) — Al19.1 standards for mobile homes.

   FACTORY-BUILT HOME RENTAL COMMUNITY. A parcel of land under single or common ownership upon which two or more factory-built homes are located on a continual, nonrecreational basis together with any structure, equipment, road or facility intended for use incidental to the occupancy of the factory-built homes, but does not include premises used solely for storage or display of uninhabited factory-built homes or premises occupied solely by a landowner and members of his or her family.

   FAIRGROUND. An area of land used for fairs in accordance with local and state requirements, exhibitions, and shows, including but not limited to animal shows and judging, carnivals, circuses, concerts, food booths and stands, games, rides, rodeos, sales and auctions, storage, racetracks, agricultural related office buildings, and community meeting or recreational buildings and uses.

   FAMILY. An individual, or two or more persons related by blood, marriage, or adoption, or under approved foster care; or a group of not more than four unrelated persons and persons related by blood, marriage, adoption, or foster relationship to any of those four unrelated persons, living together on a permanent basis as a single housekeeping unit on a nonprofit basis and sharing common living, dining, and kitchen areas, subject to the requirements of the building code.

   FARM/CONSTRUCTION EQUIPMENT AND SUPPLY SALES. An establishment engaged in the on-premises lease, rental, or retail sale of new or used construction or farm equipment, with or without incidental service for minor repairs and maintenance.

   FARMER’S MARKET. Offering for sale of fresh agricultural products directly to the consumer at an open-air market or temporarily at an indoor location, designated as a community activity.

   FCC. The Federal Communications Commission of the United States.

   FEE. A one-time, nonrecurring charge.

   FENCE. An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate an area.

   FLEA MARKET. A place where any person or group of vendors, whether professional or non-professional, offer for sale, trade, or barter any goods regardless of whether they are new, used, antique, or homemade; and regardless of whether they are offered for sale in open air, buildings, or temporary structures. The term FLEA MARKET also shall not include any business or occupation that has a valid business license or special use permit pertaining to the sale, trade, or barter of goods.

   FLOOR AREA, GROSS. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

   Gross Floor Area

   FREIGHT TERMINAL. Any premises used by a freight company which is the origin or destination point of goods being transported for the purpose of storing, transferring, loading, and unloading such goods.

   FRONT BUILDING LINE. A line parallel to the front lot line to the nearest part of any principle building, including decks, patios, covered porches, steps, and landings exceeding 24 square feet, but excluding eaves, overhangs, bay windows, sills, belt courses, cornices, and ornamental features not exceeding two feet in width.

   FRONTAGE. That side of a lot abutting on the street right-of-way or side of a building regarded as the front.

   FUNERAL HOME/MORTUARY. A building or part thereon used exclusively for human burial services. Such building may contain space and facilities for (1) embalming and the performance of other services used in the preparation of the deal for burial, (2) the performances of autopsies and other surgical procedures, (3) the storage of caskets, funeral urns, and other related funeral supplies, and (4) cremation services.

   GARAGE, PUBLIC. A building or portion thereof designed or used for the commercial parking of vehicles.

   GARAGE SALE. The sale of personal property owned or maintained by occupants of the premises in, at, or upon any residentially zoned or residentially occupied property. GARAGE SALE includes, but is not limited to, any yard sale, multi-family sale, home sale, patio sale, or any other sale similarly conducted on any residentially zoned or residentially occupied property.

   GARDEN CENTER. Land and buildings where the wholesale or retail sale of nursery stock and garden supplies take place. Such nursery stock and supplies may include any of the following: ornamental plants, flowers, shrubs and trees cultivated in a nursery; seed, fertilizer, garden pesticides and herbicides in retail quantities and packaging; garden hand tools; plant containers; garden statuary and furniture; landscape lighting; bird feeders and supplies; and seasonal ornaments and novelties such as Christmas wreaths and decorations. Such use may include the provision of landscape design and or installation services, provided that such services are ancillary to the principal use and offered to clients whose residence or place of business exists elsewhere.

   GAS STATION. Buildings and premises for the supply and retail dispensing of motor fuels, and may include incidental sales of prepackaged food and drink. Accessory uses may include minor servicing and repair of automobiles, sale of lubricants, batteries, tires, motor vehicle accessories, and hand or machine washing in a single bay auto wash.

   GAS STATION, LARGE. A gas station as defined in this section exceeding any of the following criteria: four fuel pump islands, a total of eight fuel pumps, or a gas station combined with a convenience store.

   GOVERNING BODY. The Council of the City of Elkins.

   GOVERNMENTAL OPERATIONS. Includes emergency services; municipal, county, state, and federal buildings; and post offices.

   GREENHOUSE, COMMERCIAL. A building used for the growing of plants, all or part of which are sold at retail or wholesale.

   GREENHOUSE, NONCOMMERCIAL. A structure consisting primarily of glass, clear plastic, or other light transmitting material in which temperature and humidity can be controlled for the cultivation or protection of plants or seedling, and located in the side or rear yard or on rooftops.

   GROUP RESIDENTIAL FACILITY. A facility which is owned, leased, or operated by a behavioral health service provider and which: (1) provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled; (2) is occupied as a residence by not more than eight individuals who are developmentally disabled and not more than three supervisors or is occupied as a residence by not more than twelve individuals who are behaviorally disabled and not more than three supervisors; (3) is licensed by the Department of Health and Human Resources; and (4) complies with the State Fire Commission for residential facilities.

   GROUP RESIDENTIAL HOME. A building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence, and complying with all applicable requirements of the state of West Virginia.

   HABITABLE STRUCTURE. Any structure intended to be used for living, sleeping, eating, or assembly purposes, including but not limited to dwellings, churches, schools, food facilities, and commercial and industrial buildings.

   HEALTH CLUB. Any establishment including, but not limited to, an athletic club, exercise center, health spa, figure salon, gymnasium, physical fitness center, or any other establishment by any other name that provides exercise equipment and one or more of the following: steam cabinet, steam room, sauna, vapor room, vapor cabinet, toilet facilities, lavatories, showers, lockers, and dressing rooms intended for patron use, excluding facilities used by or under direct supervision and control of licensed medical personnel located in a medical facility, facilities located in athletic departments of schools, and facilities of professional athletic teams. Accessory uses within the facility may include massage therapy, aerobics and physical fitness services (Aerobic and strength training activities, group exercise classes, fitness assessment and counseling, and education seminars).

   HEIGHT. For the purposes of wireless telecommunications facilities means the vertical distance measured from the base of the alternative support structure at grade to the highest point of the structure, including any antennas. Measurement of tower height includes antenna, base pad, and other appurtenances and is measured from the finished grade of the facility site. If the tower is located on a sloped grade, then the average between the highest and lowest grades immediately surrounding the perimeter of the tower base is used in calculating the antenna height. The highest point excludes farm building components, flagpoles, chimneys, ventilators, skylights, domes, water towers, bell towers, church spires, processing towers, tanks, bulkheads, or other building accessory features usually erected at a height greater than the main roofs of buildings.

   HISTORIC DISTRICT. A geographically definable area, designated as historic on a national, state, or local register, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.

   HISTORIC LANDMARK. A site, building, structure or object designated as historic on a national, state or local register.

   HISTORIC SITE. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure and designated as historic on a national, state or local register.

   HOME-BASED BUSINESS, LOW-IMPACT. An accessory use intended to allow businesses that generate limited quantities of customer visitation or merchandise deliveries to operate such business from a residence.

   HOME-BASED BUSINESS, NO-IMPACT. An accessory use intended to allow businesses that rely solely on electronic or off-premise transactions to perform such operations from a residence. The use involves no customer client or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions, to or from the premises, in excess of those normally associated with residential use.

   HOSPITAL. An establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment, including sanitaria, and shall be limited to the treatment or other care of humans.

   HOTEL/MOTEL. A building or group of buildings in which lodging is provided and offered for compensation. The building may also include dining rooms, kitchens, serving rooms, ballrooms, and other facilities and services intended primarily for the accommodation of its patrons.

   INCINERATOR. An enclosed device using controlled combustion for the primary purpose of thermally breaking down solid waste, and that is equipped with a flue for the sole purpose of providing incineration service to the public.

   INDUSTRIAL PARK. An area of land arranged or constructed in accordance with a plan for a group of industrial purposes, having separate building sites designed and arranged on streets and having utility services, setbacks, side yards, and covenants or other such regulations controlling or restricting uses.

   JUNK. Any worn, cast off, or discarded article or material which is ready for destruction or which has been collected or stored for sale, resale, salvage, or conversion to some other use.

   KENNEL. Any establishment wherein cats and dogs are kept or boarded. Business may be conducted in conjunction with a dog day care. Such kennel must follow the registration process set forth in the West Virginia Code.

   LABORATORY. A place where scientific studies are conducted, including testing, research, or analysis of medical, chemical, physical, biological, mechanical, or electronic nature.

   LANDOWNER. The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if authorized under the lease to exercise the right of the landowner, or other person having a proprietary interest in land.

   LANDSCAPING. The bringing of the soil surface to a smooth finished grade, installing sufficient trees, shrubs, ground cover, and grass to soften building lines, provide shade, and generally produce a pleasing visual effect of the premises.

   LAUNDROMAT. A commercial establishment where self-service washing machines and clothes dryers are available for public use on the premises to wash or dry clothing, apparel, or other fabric.

   LIBRARY. Any premises, building, or part of a building where books, films, maps and other educational materials are kept for reading, reference, and lending by the public.

   LIQUOR STORE. An establishment operated under the authority of the W.Va. Code Ch. 60, Art. 3A primarily engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine, and whiskey, for off-premises consumption.

   LOADING SPACE. A space or berth available for the loading and unloading of goods from commercial vehicles.

   LOT. A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.

   Corner Lot, Flag Lot, Interior Lot, Irregular Lot, Through Lot

   LOT AREA. The total area within the lot lines of a lot, excluding any public rights-of-way.

   LOT, CORNER. A lot at the junction of and abutting two or more intersecting streets, where the interior angle of intersection is less than 135 degrees. A lot abutting a curved street or streets shall be considered a CORNER LOT if the tangents to the curve at the points of intersection of the lot lines with the street intersect at an interior angle of less than 135 degrees.

   LOT COVERAGE. The total area covered, measured from the outside of the exterior walls, by all principal and accessory buildings on a lot, but not including open porches, decks, balconies, and similar features not covered by a roof.

   LOT, FLAG. A polygonal-shaped lot with the appearance of a frying pan or flag and staff in which the handle is most often used as the point of access. The handle, when less than the minimum width for a building lot in the zoning district in which it is located, is not to be used in computing the minimum required lot area.

   LOT, INTERIOR. A lot where the side property lines do not abut a street.

   LOT, IRREGULAR. A lot of such shape or configuration that technically meets the area, frontage, and width-to-depth requirements of this code but has unusual elongations, angles, and curvilinear lines.

   LOT LINE. Property boundary line of any lot that divides one lot from another or from a street or any other public or private space.

      (1)   FRONT LOT LINE. In the case of an interior lot, a line separating the lot from the street or public right of way; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.

      (2)   REAR LOT LINE. A lot line which is opposite and more distant from the front lot line, except corner lots have no REAR LOT LINE. In the case of an irregular lot, a line ten feet in length within the lot and parallel to and at the maximum distance from the front lot line.

      (3)   SIDE LOT LINE. Any lot line other than a front or rear lot line.

   Front Lot Line, Rear Lot Line, and Side Lot Line

   LOT MEASUREMENTS.

      (1)    LOT DEPTH. The mean distance from the right-of-way line of the lot to its opposite rear line measured in a direction parallel to the side lot lines. LOT DEPTH for triangular lots shall be the mean distance from the street line to the point of intersection of the side yards.

      (2)   LOT, MINIMUM WIDTH. The minimum lot width at the building setback line.

      (3)   LOT WIDTH. The distance measured between side lot lines, at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot lines or street line.

   Lot Width

   LOT, THROUGH. An interior lot in which the front lot line and rear lot line abut upon streets. Where a single lot under individual ownership extends from a street to a street, the widest street shall be deemed the street upon which the property fronts.

   LUMBERYARD. The principal use of land and structures involving the loading and unloading, storage, and sales of lumber and millwork materials.

   MANUFACTURING (HEAVY). Manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.

   MANUFACTURING (LIGHT). The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust, or pollutants.

   MEDICAL ADULT DAY CARE CENTER. An ambulatory healthcare facility which provides an organized day program of therapeutic, social, and health maintenance and restorative services and whose general goal is to provide an alternative to 24 hour, long-term institutional care to elderly or disabled adults who are in need of such services by virtue of physical and mental impairment.

   MEDICAL CANNABIS DISPENSARY. A place where processed medical cannabis products are permitted to be sold to qualifying consumers, as provided for in the W. Va. Code Ch. 16A, as amended. This term does not include a health care medical cannabis organization as defined in the W.Va. Code Ch. 16A, as amended.

   MEDICAL CANNABIS GROWING FACILITY. A place where medical cannabis is permitted to be grown, as provided for in the W.Va. Code Ch. 16A, as amended. This term does not include a health care medical cannabis organization as defined in the W.Va. Code Ch. 16A, as amended.

   MEDICAL CANNABIS ORGANIZATION, HEALTH CARE. A vertically integrated health system approved by the West Virginia Bureau for Public Health to dispense medical cannabis or grow and process medical cannabis, or both, in accordance with a research study under the W.Va. Code Ch. 16A, as amended.

   MEDICAL CANNABIS PROCESSING FACILITY. A place where medical cannabis is permitted to be processed, refined, or otherwise converted into a legally permitted state, as provided for in the W.Va. Code Ch. 16A, as amended. This term does not include a health care medical cannabis organization as defined in the W.Va. Code Ch. 16A, as amended.

   MICRO WIRELESS FACILITY. A small wireless facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, that is no longer than 11 inches.

   MINERAL. Gas, oil, coal, other gaseous and solid hydrocarbons, oil shale, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resource, or any other substance defined as a mineral by the West Virginia Code.

   MODIFICATION or MODIFY. The physical change to any existing wireless telecommunications tower or base station that may or may not be related to eligible facilities request and that involves: collocation of new transmission equipment; removal of transmission equipment; replacement of transmission equipment; or any expansion of wireless telecommunication tower or base station.

   MUSEUM. A building or part of a building that displays, preserves, and/or exhibits objects of community and cultural interest in one or more of the arts and sciences, intended to be used by members of the public for viewing, with or without an admission charge.

   NIGHT CLUB. An establishment for evening entertainment, generally open until the early morning that serves liquor and usually food and offers patrons music, comedy acts, a floor show, or dancing. Adult businesses are not considered a NIGHT CLUB.

   NONCONFORMING BUILDING OR STRUCTURE. A building, structure or part thereof manifestly not designed to comply with the applicable use or extent of use provisions in this code or amendments heretofore or hereafter enacted, where such building or structure lawfully existed prior to the enactment of such ordinance or amendment, or prior to the application of this code or amendments to its location by reason of annexation. Such NONCONFORMING STRUCTURES include, but are not limited to, nonconforming signs.

   NONCONFORMING LOT. A lot or parcel of land that was of record and lawfully established and maintained but which, because of the enactment of this code, no longer conforms to the land use standards or use regulations of the zone in which it is located.

   NONCONFORMING SIGN. A sign which was lawfully erected in compliance with applicable regulations of the city and maintained prior to the effective date of this code and which fails to conform to current standards and restrictions of this code.

   NONCONFORMING USE. A use, whether of land or of structure, which does not comply with the applicable use provisions in this code or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

   NONINTOXICATING BEER. All natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale, and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers, with no caffeine infusion or any additives masking or altering the alcohol effect containing at least 0.5% alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or 12% by volume, whichever is greater.

   NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, cleavage with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.

   OFF-PREMISES, FREESTANDING SIGN. Also known as a BILLBOARD, means a large outdoor sign not accessory to or associated with the principal use on a lot, or signs which are the principal use of a lot.

   OFFICE SUPPLY ESTABLISHMENT. A place of business where stationery and other supplies typically used in offices are the main items offered for sale.

   OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

   OWNER-OCCUPIED. A person who maintains his or her principal residence by being physically present and spending the night on the property for more than 280 nights of each calendar year and who is:

      (1)   The sole owner of record of the property, as reflected in a deed recorded in the County Clerk’s office;

      (2)   A tenant in common, tenant by the entirety or joint tenant with right of survivorship, as reflected in a deed recorded in the County Clerk’s office; or

      (3)   An owner of at least 25% percent of a business entity shown as the owner of record, as reflected in a deed recorded in the County Clerk’s office. The ownership interest shall be shown by a duly executed resolution of the business entity, or such other method as determined by the Zoning Officer.

   PARCEL DELIVERY FACILITY. An establishment engaged in the delivery, receipt, and transmittal of documents, packages, and parcels.

   PARK. A parcel of ground along with its buildings and fixtures intended primarily for beautification and aesthetic improvement and designated as recreational land.

   PARKING LOT. An area utilized to meet the parking requirements of this code, including the parking aisles that provide access to the parking spaces, but not including any streets or driveways that provide access to the parking lot.

   PARKING STRUCTURE. A building with multiple stories of off-street parking spaces where vehicles are temporarily stored with or without a nominal fee, in association with occupational, retail, entertainment, recreational, municipal, educational or residential use(s).

   PATIO. An area consisting of natural or man-made material constructed at or near grade level, intended for use as an outdoor living area, and not enclosed by a permanent roof or awning.

   PERMIT. A document issued by the governing body authorizing an applicant to undertake certain activities.

   PERMITTED USE. Any use allowed within a zoning district, subject to the restrictions applicable to that zoning district; not a conditional use.

   PERSONAL SERVICE. A business providing services to a person, their apparel, or personal effects commonly carried on or about their person, including, but not limited to, shoe repair, tailoring, watch repair, beauty shops, barber shops, tanning and nail salons, and the like.

   PERSONAL WIRELESS TELECOMMUNICATION SERVICES. Commercial mobile services, unlicensed wireless telecommunication services, and common carrier wireless telecommunication exchange access services.

   PET SHOP. An establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public.

   PHARMACY. A retail store which primarily sells prescription drugs, patient medicines, and surgical and sickroom supplies.

   PHOTOGRAPHIC STUDIO. A retail establishment for the purpose of photographing subjects and processing photographs for commercial purposes, but not including photography requiring professional models.

   PLACE OF WORSHIP/RELIGIOUS INSTITUTION. A building wherein persons regularly assemble for acts of religious devotion and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes a church, synagogue, temple, mosque, or other such place for worship and religious activities. Customary accessory uses include a wide range of religious activities, including a caretaker’s residence; fellowship halls, parish halls and similar buildings; rooms used for meetings, religious education, and similar functions; a gymnasium; a playground; the sale of items associated with the practice of religion; and faith-based social services such as homeless shelters, group homes, and soup kitchens.

   PLANNING COMMISSION. The Planning Commission of the City of Elkins.

   PORCH. A covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes. If a PORCH is uncovered, it is considered to be a DECK.

   POST OFFICE. A building or structure used and maintained by the Postal Service of the United States of America for the purpose of collecting or distributing mail to the public.

   PRINCIPAL BUILDING OR STRUCTURE. A building or structure in which the principal use is conducted. In all residential districts, any dwelling is the PRINCIPAL BUILDING on the lot on which it is located.

   PRINCIPAL USE. The primary use of land, buildings, or structures, whether permitted by right or conditional, which exists independently of any other use on the property.

   PRIVATE CLUB. Any establishment, other than an outdoor recreation facility, operated by a private organization for recreational, educational, fraternal, or social purposes, but only open to members and their guests and not to the general public.

   PROFESSIONAL SERVICES. Any office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents, and others who are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions and personal services.

   PUBLIC RECREATIONAL AREA. A regionally or locally significant area, as designated by state or federal regulation, or by the city, and which is meant to serve a recreational purpose.

   RECEPTION FACILITY. A facility within an existing structure or outdoor area for hosting receptions or similar activities, limited only to weddings, wedding receptions, birthday events, anniversary events, reunion events, and family gatherings, and not involving charging admission or gatherings primarily to view a performance.

   RECREATION, COMMERCIAL INDOOR. Indoor facilities for leisure-time activities, including facilities open to the public and those requiring membership; including, but not limited to, such establishments as bowling alleys, ice rinks, sportsman’s clubs, billiard and pool halls, video and other coin-operated electronic games, trampolines, ball pits, indoor skating facilities, and similar recreational diversions.

   RECREATION, COMMERCIAL OUTDOOR. Outdoor facilities for leisure-time activities, including outdoor facilities open to the public and those requiring membership; including, but not limited to, swimming pools, miniature golf, golf practice facilities, tennis courts, riding stables, rifle range, archery range, playing fields, golf courses, docks, and similar recreational diversions.

   RECREATION, MUNICIPAL. Developed or undeveloped open spaces or structures and facilities which are provided by a governmental body for public use for the purposes of play, amusement, or relaxation. Such uses may include, but not limited to, sports facilities, parks, swimming pools, assembly buildings, passive areas, gardens, docks, and related amenities.

   RECREATIONAL VEHICLE. Any travel trailer or other vehicular portable structure designed to be used as a temporary occupancy for travel or recreational use. For example, any motor home, truck slide-in camper, fifth wheel trailer, tent trailer, animal trailer, trailer used for transporting recreational vehicles, any type of three- or four-wheeled sport racing vehicle, boat, boat trailer, raft, aircraft, dune buggie, snowmobile, jet ski, all-terrain vehicle, and vehicle dolly are included.

   RECYCLING FACILITY. A facility that accepts recyclable material from the public by donation, redemption, or purchase and separates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to, virgin raw materials. The term does not include transfer facilities, municipal waste landfills, composting facilities or resource recovery facilities.

   RESEARCH AND DEVELOPMENT. A structure or complex of structures designed or used primarily for research and development functions related to industry and similar fields.

   RESTAURANT. An establishment whose principal business is the sale of food, desserts, or beverages to the customer in a ready-to-consume state, primarily consumed off the premises; to customers who order and are served food at a counter or in an automobile in packages prepared to leave the premises, or able to be taken to a table or counter to be consumed, and may include a drive-through facility; or where food and beverages are prepared, served, and consumed primarily within the principal building. Food sales constitute more than 60% of the gross sales receipts.

   RETAIL STORE. A business having as its primary function the supply of merchandise or wares to the end consumer. Three classes of RETAIL STORES:

      (1)   Retail store/shop less than 7,000 square feet of gross floor area.

      (2)   Retail store/shop 7,000 to 25,000 square feet gross floor area.

      (3)   Retail store/shop greater than 25,000 square feet of gross floor area.

   RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, trail, waterline, sanitary sewer, or other public utilities or facilities.

   ROADSIDE VENDOR STAND. Stands, trailers, truck beds or similar facilities offering agricultural products for sale which are not produced on the immediate premises.

   SALVAGE YARD. Any place which is maintained, operated or used for the storing, keeping, buying, selling or processing of salvage, or for the operation and maintenance of a motor vehicle graveyard.

   SATELLITE SIGNAL RECEIVING STATION. A device commonly parabolic in shape, mounted at a fixed point on a structure, or on rooftops, for the purpose of capturing electronic television or internet signals transmitted via satellite communication facilities and serving the same or similar function as the common television antenna. Such devices are accessory structures.

   SCHOOL, COMMERCIAL. 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.

   SCHOOL, PREK-12. A public or private school offering educational instruction in grades pre-kindergarten through 12, licensed by the West Virginia Department of Education.

   SCREENING. The use of plant materials, fencing, or earthen berms to aid in the concealment of such features as parking areas and vehicles within them, and to provide privacy between two or more different land uses that abut.

   SELF-STORAGE FACILITY. A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.

   SENIOR INDEPENDENT HOUSING. A single-family or multi-family development intended, operated, and designed to accommodate residents 55 years of age or older. SENIOR INDEPENDENT HOUSING communities are designed for seniors who are able to live independently or need assistance with daily care. SENIOR INDEPENDENT HOUSING can also include continuing care facilities.

   SETBACK. The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

      (1)   FRONT YARD SETBACK. Measured as the shortest distance between the street front lot line and the building setback line.

      (2)   REAR YARD SETBACK. Measured as the shortest distance between the rear lot line and the building setback line.

      (3)   SIDE YARD SETBACK. Measured as the shortest distance between the side lot line and the building setback line.

   Front Setback, Rear Setback, and Side Setback

   SEWAGE TREATMENT FACILITY. A place or premises, including buildings, where sewage or other solid or liquid wastes are treated or screened before discharge.

   SHOPPING CENTER. A commercial facility of a single lot with common parking facilities that uses or leases separate areas of space to retail or service-oriented businesses.

   SIGN. Any device (writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant, inflatable figures for attracting viewers, or any other device, figure or character, or delineation) with the essential purpose to communicate, designed to communicate, or where the context results in communication, and such communication is aimed at persons in a public right-of-way. SIGNS directed at persons within a facility and not viewable or only incidentally viewable to persons in a public right-of-way are not subject to this code.

      (1)   A-FRAME SIGN. A two-faced sign with supports that are connected at the top and separated at the base with an internal angle between the two faces of no more than a 45-degree angle, forming an “A” shape not more than six square feet on each side. These are also referred to as SANDWICH BOARD SIGNS.

      (2)   ANIMATED SIGN. A sign or part of a sign that is designed to rotate, move, or appear to rotate or move. Such a sign is sometimes referred to as a MOVING SIGN. ANIMATED SIGNS include signs with moving graphic features such as scrolling text or images that appear to move; moving sign change features such as fly-in, wipe-off, fading, dissolving, traveling, or expanding displays or any other full message sign change taking longer than three-tenths of a seconds; and static electronic message displays displayed less than seven seconds. ANIMATED SIGNS also include signs propelled by vehicle, watercraft, or aircraft where the primary purpose of the vehicle, watercraft, or aircraft at the time of sign display is to propel the sign.

      (3)   AWNING SIGN. A sign placed directly on the surface of an awning.

      (4)   BANNER. A sign made of any cloth, bunting, plastic, paper, or similar non-rigid material attached to any structure, staff, pole, rope, wire, or framing of flexible material affixed to a framework or flat surface. BANNERS are not flags for purposes of this chapter.

      (5)   BEACON. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

      (6)   CANOPY SIGN. A sign attached to a canopy, which is a roof-like structure either projecting from a building facade and open on three sides, or standing alone and open on four sides, and used for the purpose of protecting pedestrians and motorists from weather related elements.

      (7)   CHALKBOARD SIGN. A single-faced, framed slate, or chalkboard that can be written on with chalk or similar markers.

      (8)   CHANGEABLE COPY SIGN. A sign or part of a sign that is designed so that characters, letters, or illustrations can be manually or physically changed or rearranged without altering the face or surface of the sign.

      (9)   ELECTRONIC MESSAGE DISPLAY. A sign that is either light emitting or light reflective and that is capable of changing the displayed message through electronic programming. ELECTRONIC MESSAGE DISPLAYS are divided into four categories:

         (a)   STATIC ELECTRONIC MESSAGE DISPLAY. An electronic message display that remains static, with no animated features or animated transition features with each static display lasting longer than seven seconds.

         (b)   STATIC ELECTRONIC MESSAGE DISPLAY WITH TRANSITION FEATURES. An electronic message display that remains static except for no more than a two-second transition feature such as fading, dissolving or a single instance of fly-in, wipe-off, expansion, or traveling that occurs no more often than every seven seconds.

         (c)   ELECTRONIC MESSAGE DISPLAY, PARTIALLY ANIMATED. An electronic message display with animated or moving text or graphics.

         (d)   ELECTRONIC MESSAGE DISPLAY, FULLY ANIMATED. An electronic message display with full animation features.

      (10)   FEATHER SIGN/FEATHER FLAG/TEARDROP FLAG/WIND FLAG. A lightweight, portable flag made of cloth, plastic, or similar material mounted along one edge on a single, vertical, flexible pole, the physical structure of which may resemble a sail, bow, or teardrop.

      (11)   FLAG. A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol or decoration.

      (12)   FLASHING SIGN. A sign that includes lights that flash, blink, turn on and off intermittently, or otherwise vary light intensity during the display of a message.

      (13)   FREESTANDING SIGN or GROUND-MOUNTED SIGN or POLE SIGN. Any non-portable sign supported by a fence, retaining wall, or by pole, upright structural members, or braces on or in the ground and not attached to a building.

      (14)   GEOLOGICAL SIGN. A sign made of or that appear to be made of geological formations, including but not limited to standalone rocks or mountainsides, and conveys a message that is etched, carved, painted, or similarly incorporated into the sign’s material.

      (15)   ILLEGAL SIGN. Any sign erected without obtaining a required permit or which otherwise does not comply with any provision of this code.

      (16)   INFLATABLE SIGN. A sign that is filled with air to convey a commercial message or draw attention to a location.

      (17)   MARQUEE SIGN. A sign attached to and made a part of a canopy or any similar projections from a building, with changeable, fixed, or both types of lettering in use.

      (18)   MINOR SIGN. A sign not exceeding two square foot in area, not exceeding four feet in height, and not illuminated.

      (19)   MONUMENT SIGN. A sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another; not a pole sign.

      (20)   MULTI-TENANT SIGN. A freestanding sign structure at or near the entrance of a shopping center to which are affixed signs of various dimensions identifying tenants or businesses in the shopping center.

      (21)   NEON SIGN. A sign containing exposed tubes filled with light-emitting gas.

      (22)   NON-CONFORMING SIGN.

         (a)   A sign which was lawfully erected in compliance with the applicable regulations of the city prior to the effective date of this zoning code and which does not conform to current standards and regulations of this zoning code.

         (b)   For multi-tenant signs at a shopping center, the addition of new signs not otherwise complying with the size restrictions of this zoning code shall be considered non-conforming as in compliance with this definition, provided that the addition of new signs, subject to the approval of the Zoning Officer, does not substantially change the overall dimensions of the original multi-tenant signs.

      (23)   OFF-PREMISES SIGNS. Commercial signs not accessory to or associated with the principal use on a lot, or signs which are the principal use of a lot.

      (24)   ON-PREMISES SIGNS. Commercial or noncommercial signs accessory to or associated with the principal use of a lot.

      (25)   PENNANT. A geometric shaped flag made of flexible materials, suspended from one or two corners fastened to a string, which is secured or tethered so as to allow movement and used as an attention-getting form of media.

      (26)   PERSON-ASSISTED SIGN. A sign that includes an individual paid to hold, move, wear, or otherwise direct attention to a sign.

      (27)   PROJECTING SIGN. A sign attached to and projecting more than 12 inches from the face of a wall or building, but does not project above the parapet or eave line of the building and is a minimum of eight feet above any walking surface or 20 feet above any driving surface. Projecting signs may not be more than 20 square feet in area.

      (28)   ROOF SIGN. A sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.

      (29)   TEMPORARY SIGN. Any sign intended to be displayed for a limited period of time not to exceed 30 days.

      (30)   VEHICLE OR TRAILER SIGN, ILLEGAL OR INOPERABLE. Any sign attached to or displayed on a vehicle or trailer, if the vehicle or trailer is used for the primary purpose of displaying the sign or signs and the vehicle or trailer fails to display current license plates, inspection sticker, or municipal decal; if the vehicle or trailer is inoperable; if evidence of paid-to-date local taxes cannot be made available; or if the sign alters the standard design of such vehicle or trailer.

      (31)   WALL SIGN. Any sign, inscription, artwork, figure, marking, or design that is attached, painted, drawn, marked, etched, or scratched onto a wall or against a flat vertical exterior surface of a structure. WALL SIGNS include murals.

      (32)   WICKET SIGN. A sign with an H- or U-shaped frame that is put into the ground or placed above the ground.

      (33)   WINDOW SIGN. Any sign visible outside the window and attached to or within 18 inches in front of or behind the surface of a window or door.

   SIGN FACE. The portion of a sign structure bearing the message.

   SIGN HEIGHT. The maximum vertical distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction; or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating primarily for the purpose of mounting or elevating the sign.

   SIGN STRUCTURE. Any structure bearing a sign face.

   SITE. The current boundaries of the leased or owned property surrounding the tower and base station and any access or utility easements currently related to the site; and, for other eligible support structures, means that area in proximity to the structure and to other transmission equipment already deployed on the ground. This term does not apply to towers or base stations in public rights-of-way.

   SMALL CELL NETWORK. A collection of interrelated small wireless telecommunication facilities designed to deliver personal wireless telecommunication services.

   SMALL WIRELESS FACILITY or WIRELESS TELECOMMUNICATIONS FACILITY, SMALL CELLS. A wireless facility that meets both of the following qualifications: each antenna does not exceed six cubic feet; and all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and communications services.

   SOLAR ENERGY FACILITY. An energy conversion facility, including appurtenances, which converts radiant energy from the sun to a usable form of energy to meet all or part of the energy or heating requirements of the on-site user, or which is to be sold to a utility company to be used by others, or sold directly to other users. A SOLAR ENERGY FACILITY may be ground-mounted (i.e., placed on top of the ground surface) or roof-mounted (i.e., placed on or as an integral part of a building).

      (1)   SMALL SOLAR ENERGY FACILITY. A solar energy facility installed for personal use in residences, commercial properties, and institutions.

      (2)   LARGE SOLAR ENERGY FACILITY. A solar energy facility installed on large parcels of land for the purpose of generating revenue, or utility-scale facility installed to benefit the community or an entire institution.

   SOLID WASTE DISPOSAL AREAS/FACILITY, PRIVATE. Any facility, land, contiguous land, improvements on the land, structures, or other appurtenances or methods used for processing, recycling, or disposing of solid waste, including landfills, transfer stations, materials recovery facilities, mixed waste processing facilities, sewage sludge processing facilities, commercial composting facilities, recycling facilities, and other such facilities not herein specified, but not including land upon which sewage sludge is applied in accordance with the West Virginia Code. Such facility is situated in the city or county where the majority of the spatial area of such facility is located.

   SOLID WASTE DISPOSAL AREAS/FACILITY, PUBLIC. Any municipally owned facility, land, contiguous land, improvements on the land, structures, or other appurtenances or methods used for processing, recycling, or disposing of solid waste, including landfills, transfer stations, materials recovery facilities, mixed waste processing facilities, sewage sludge processing facilities, composting facilities, recycling facilities, and other such facilities not herein specified, but not including land upon which sewage sludge is applied in accordance with the West Virginia Code. Such facility is situated in the city or county where the majority of the spatial area of such facility is located.

   SPECIAL FLOOD HAZARD AREA. The area that will be inundated by the flood event having a 1% chance of being equaled or exceeded in any given year. The 1% ANNUAL CHANCE FLOOD is also referred to as the BASE FLOOD or 100-YEAR FLOOD.

   SPECTRUM ACT. The “Middle Class Tax Relief and Job Creation Act of 2012” (Public Law 112-96; codified at 47 U.S.C. § 1455(a)).

   SPORTS ARENA. A central stage, ring, area, or similar structure, used for sports and surrounded by seats for spectators.

   STEALTH. The same as CAMOUFLAGE, CONCEAL, or CONCEALMENT.

   STORY. The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling above it.

   STORY, HALF. A story under a gabled, hipped, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the finished floor of such story.

   STREET. Streets, avenues, boulevards, highways, roads, lanes, alleys, and all public ways.

   STRUCTURE. Anything constructed, erected, or situated by man that requires location on the ground or being attached to something having location on the ground; but not including vehicles, recreational vehicles, campers, tents less than 36 square feet in gross floor area, retaining walls, fences not over eight feet in height, yard and play equipment, utility lines and underground facilities.

      (1)   PRINCIPAL STRUCTURE. The structure or portion thereof housing the main use of the land.

      (2)   TEMPORARY STRUCTURE. Any structure which is erected to be in place for not more than 12 months, including but not limited to tents, air-supported structures, portable bandstands, reviewing stands, bleachers, mobile office units, construction sheds, sales offices for lots or dwellings or other structures of a similar character.

   STUDIO, DANCING, MUSIC, OR ART. A facility used for the rehearsal or performance of performing arts, such as music, dance or theatre; teaching classes in creative arts, such as painting, drawing, sculpting, potting, or beading or otherwise creating art; or for the display or sale of art in general or during special events. Food and alcoholic beverages may be served and fees charged as accessory uses during special events.

   SUBSTANTIAL CHANGE CRITERIA. The criteria set forth in § 152.242.

   SURETY. A financial guaranty that the activities proposed in the application are made as planned. If activities are not made by the applicant, the local government can use surety funds to complete the work as planned or return the land to its original state. Includes but is not limited to performance bonds, cash in escrow, a letter of credit, and similar collateral.

   SWIMMING POOL. Any body of water (excluding natural bodies of water fed by rivers, streams, or brooks) or receptacle for water intended to be used for swimming and constructed, installed, or maintained in or on the ground outside any building.

   TARGETED MARKET COVERAGE AREA. The area which is targeted to be served by the wireless telecommunications facility proposed in an application.

   TASTING FACILITY. An area of a winery, brewery, or distillery where complimentary samples of a beverage are served on the premises of manufacture, in moderate quantities for tasting.

   TATTOO PARLOR/BODY PIERCING STUDIO. An establishment whose principal business activity is the practice of placing designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. The establishment also includes the creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

   TAVERN/DRINKING ESTABLISHMENT. An establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises and which may offer food for consumption on premises as an accessory use.

   TELECOMMUNICATIONS TOWER. Any structure that is designated and constructed primarily for the purpose of supporting one or more telecommunication antennas. This includes guyed towers, lattice towers, monopoles, and towers taller than 15 feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.

   TEMPORARY SHELTER. Any structure which is erected to be in place for not more than 12 months, including but not limited to tents, air-supported structures, portable bandstands, reviewing stands, bleachers, mobile office units, construction sheds, sales offices for lots, or dwellings or other structures of a similar character.

   THEATER. A building or part of a building devoted to the showing of movies, musical performances, dance, or theatrical productions, usually on a paid admission basis.

   THEATER, DRIVE-IN. An open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of movies or to theatrical productions, usually on a paid admission basis, to patrons seated in motor vehicles or on outdoor seats.

   TOURIST OR TRAILER CAMP. An area containing travel trailers, pick-up coaches, and motorized homes designed or intended to be used as temporary living facilities for one or more families.

   TOWER. Any structure capable of supporting any antennas affixed to the tower and their associated facilities, licensed or authorized by the FCC, and constructed for the sole or primary purpose of supporting wireless telecommunications facilities.

   TRAILER, CAMPING AND RECREATIONAL EQUIPMENT. Tents, travel trailers, pickup coaches, motorized homes and recreational vehicles and equipment as follows:

      (1)   BOAT. A vessel designed to travel on water.

      (2)   BOAT TRAILER. A trailer designed to haul a boat as defined above.

      (3)   MOTORIZED HOME. Portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

      (4)   PICKUP COACH. A structure designed primarily to be mounted on a pickup or other truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, and vacation purposes.

      (5)   TRAVEL TRAILER” means a portable structure built on a chassis, designed to be towed and used as a temporary dwelling for travel, recreational, and vacation purposes, and permanently identified as a travel trailer by the manufacturer of the trailer.

   TRANSMISSION EQUIPMENT. Equipment that facilitates transmission for any wireless telecommunication service licensed or authorized by the FCC, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.

   TRUCK TERMINAL. A facility where freight is unloaded from interstate trucks or intermodal trailers and containers carried on the railroad and loaded onto local delivery trucks.

   UNIT OF GOVERNMENT. Any federal, state, regional, county, or municipal government or governmental agency.

   URBAN AGRICULTURE. Land used for beekeeping, community gardens, keeping up to six hens, and other small-scale agricultural activities.

   USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on in a building or other structure on a tract of land.

   UTILITY. A public or private distribution service to the public that is regulated by the Public Service Commission.

   UTILITY POLE. A pole or similar structure that is or may be used, in whole or in part, by a communication services provider or for electric distribution, lighting, traffic control, signage (if the pole is 15 feet or taller), or a similar function, or for the collocation of small wireless facilities. However, UTILITY POLE does not include wireless support structures or electric transmission structures.

   VARIANCE. A deviation from the minimum standards of this code that does not involve permitting land uses otherwise prohibited in the zoning district or changing the zoning classifications of a parcel of land.

   VEHICLE. Any device in, upon or by which any person or property is or may be transported or drawn upon a street, excepting tractors, agricultural machinery, devices moved by human power or used upon stationary rails or tracks.

   VEHICLE SALES, RENTAL AND SERVICE. A facility for the repair, rental, sales, or service of automobiles, trucks, buses, boats, and marine equipment, motorcycles, campers, motor homes, and recreational vehicles. This definition does not include the rental, sale, or service of heavy equipment.

   VIDEO GAMING OR LOTTERY ESTABLISHMENT. Video lottery machines licensed by the West Virginia Lottery Commission pursuant to the West Virginia Code, but excluding establishments that only sell lottery tickets.

   VIEWPOINT. A location identified either in the city’s comprehensive plan or by a federal or state agency and which serves as the basis for the location and determination of a designated scenic resource.

   WAREHOUSE. A structure primarily used for the storage of goods and materials.

   WATER TREATMENT PLANT. Municipally-owned facilities that treat water and produce potable water for public consumption.

   WHOLESALE ESTABLISHMENT. An establishment primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling to, such individuals or companies.

   WIND ENERGY FACILITY, SMALL. Any electric generation facility, whose main purpose is to convert kinetic energy from the wind into electrical power and store the power as usable forms of energy, and includes the wind turbine(s), structural supports, electrical infrastructure, and other appurtenant structures and facilities. Consists of a maximum of one wind turbine, installed for personal use in residences, commercial properties, and institutions.

   WINERY. An establishment where wine is manufactured or in any way prepared.

   WIRELESS TELECOMMUNICATIONS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: equipment associated with wireless communications; and radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; any structure, antenna, tower, base station, or other device that provides or is suitable to provide radio/television transmission, commercial mobile wireless telecommunication services, cellular phone services, specialized mobile radio communications (SMR), broadband telecommunications services, common carrier wireless telecommunication exchange phone services, and personal communications service (PCS) or pager service. Wireless facility includes small wireless facilities. WIRELESS FACILITY does not include the structure or improvements on, under, or within which the equipment is collocated; wireline backhaul facilities; coaxial or fiber-optic cable that is between wireless support structures or utility poles; or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna. The following are not WIRELESS TELECOMMUNICATION FACILITIES for purposes of this chapter:

      (1)   AMATEUR (HAM) RADIO STATIONS. Any antenna of less than 100 feet in height owned and operated exclusively by an amateur radio operator licensed by the Federal Communications Commission (FCC).

      (2)   ANTENNAS AS ACCESSORY USES. An antenna that is an accessory use to a residential dwelling unit.

      (3)   EMERGENCY WIRELESS TELECOMMUNICATIONS FACILITY. Wireless telecommunication facilities exclusively for emergency communications.

      (4)   TEMPORARY WIRELESS TELECOMMUNICATIONS FACILITY. A temporary wireless telecommunications facility, either operational or in operation for a maximum period of 120 calendar days per calendar year within the jurisdiction.

   WIRELESS INFRASTRUCTURE PROVIDER. Any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles, but that is not a wireless provider.

   WIRELESS PROVIDER. A wireless infrastructure provider or a wireless service provider.

   WIRELESS SERVICES. Any services, using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile location, provided to the public using wireless facilities.

   WIRELESS SERVICE PROVIDER. A person who provides wireless services.

   WIRELESS SUPPORT STRUCTURE. A structure, such as a monopole; tower, either guyed or self-supporting; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. WIRELESS SUPPORT STRUCTURE does not include a utility pole.

   WIRELINE BACKHAUL FACILITY. A facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.

   YARD. An open space at grade between the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.

      (1)   YARD, FRONT. A space extending the full width of the lot between the architectural front of the principal building or structure and the front lot line.

      (2)   YARD, REAR. A space extending the full width of the lot between the architectural rear of the principal building or structure and the rear lot line.

      (3)   YARD, SIDE. A space extending from the front yard to the rear yard between the principal building facade and the side lot line.

   Front, Rear, and Side Yard

   ZONING. The division of a municipality or county into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones.

   ZONING OFFICER. That person appointed by the governing body and who has any other authority this code may confer upon him or her to administer this code and to issue zoning permits.

(Ord. 301, passed 8-18-2022; Ord. 308, passed 11-3-2022; Ord. 322, passed 37-2024; Ord. 329, passed 5-16-2024; Ord. 331, passed 6-6-2024)