(1) “Abandoned motor vehicle” means any motor vehicle, or major part thereof, which is inoperative and which has been abandoned on public property for any period over five (5) days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher; or any motor vehicle, or major part thereof, which has remained on private property without consent of the owner or person in control of the property for any period over five (5) days; or any motor vehicle, or major part thereof, which is unattended, discarded, deserted, and unlicensed and is not in an enclosed building, a licensed salvage yard, or the actual possession of a demolisher, provided that a motor vehicle, or major part thereof, is not an abandoned motor vehicle if:
A. The owner of the motor vehicle is storing the motor vehicle on the owner’s property;
B. The motor vehicle is being stored for the purpose of using its parts on other motor vehicles owned by the owner;
C. The owner owns other motor vehicles similar to the motor vehicle being stored; and
D. The owner is a business licensed to do business in the State of West Virginia and not in the primary business of offering motor vehicles or parts thereof for sale.
(2) “Abandonment” means 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 (1) year.
(3) “Accessory Building or Structure” means a detached building or structure customarily incidental and subordinate to the principal building or structure and located on the same lot.
(4) “Accessory Use” means a use customarily incidental and subordinate to the principal use of the lot.
(5) “Accessway” means a private vehicular facility for townhomes, multi-family dwellings, and condominiums serving more than four (4) dwelling units, and commercial developments that extends from the curb-line of a public or private road to the parking lot.
(6) “Adult Business” means an adult bookstore, movie theater, or movie house, or other adult entertainment, as defined herein. In the event that an activity or business which might fall under a use category other than adult business is combined with or includes activities which constitute an adult bookstore, adult movie theater or movie house, or adult entertainment, as defined herein, then such activity or business shall constitute an adult business and shall be governed by those provisions in this chapter applicable to adult business uses and not by provisions applicable to any other use category.
A. “Adult Bookstore” means 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.
B. “Adult Entertainment” means 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.
C. “Adult Movie Theater,” “Movie House,” or “Adult Mini-Theater” means 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, as defined by this code.
(7) “Advertising” means any words, symbol, color, or design used to call attention to a commercial product, service, or activity.
(8) “Airport” means 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.
(9) “Aggrieved or aggrieved person” means a person who:
A. 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
B. 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.
(10) “Alley” means a right-of-way dedicated to public use, other than a street, road, crosswalk, or easement, designed to provide a secondary means of access for the special accommodation of the property it reaches.
(11) “Alteration” means any change, addition, or modification in construction or occupancy of an existing structure.
(12) "Alternative support structure” means 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.
(13) “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
(14) “Antenna Support Structure” means any building or structure other than a tower that can be used for location of telecommunications facilities.
(15) “Amphitheater” means 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 structure to provide weather protection to a stage.
(16) “Animal Hospital/Veterinary Office” means 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.
(17) “Automobile” means a road vehicle, typically with four (4) wheels, able to carry a small number of people.
(18) “Automobile Car Wash” means a use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.
(19) “Automobile Repair/Service” means 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.
(20) “Bakery” means an establishment primarily engaged in the retail sale of baked goods for consumption off-site.
(21) “Bank/Financial Institution” means a bank, savings and loan, credit union, or other financial institution that provides retail banking services to individuals and businesses.
(22) “Base station” means 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.
A. 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.
B. 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).
C. Includes any structure other than a tower that, at the time an eligible facilities modification application is filed with the Town of Fayetteville, supports or houses equipment described in paragraphs (22)A. and B. 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.
D. Does not include any structure that, at the time a completed eligible facilities modification application is filed with the Town of Fayetteville under this Article, does not support or house equipment described in paragraphs (22)A. and B. above.
E. The term does not encompass a “tower” as defined in this Section, or any equipment associated with a tower.
(23) “Basement” means a space having one-half or more of its floor-to-ceiling height below the average level of the adjoining ground.
(24) “Bed and Breakfast Inn I” means a private residence in which overnight accommodations are provided for not more than two (2) adults and one (1) child under the age of four (4) per bedroom nor more than four (4) adults and four (4) children under the age of four (4) per bathroom. These numbers shall include those owners or renters normally occupying the structure on a full-time basis. The residence may or may not be occupied by the owner during the guests’ overnight stay.
(25) “Bed and Breakfast Inn II” means a private residence in which overnight accommodations are provided for not more than ten (10) transient paying guests in up to ten (10) bedrooms at any time. The residence is occupied by the owner during the guests’ overnight stay and is otherwise owner-occupied as defined herein.
(26) “Board of Zoning Appeals” means the officially constituted body appointed to carry out duties and responsibilities in accordance with the Code of the State of West Virginia, Chapter 8A, Article 8, et seq., as amended.
(27) “Boardinghouse” or “Rooming House” means a dwelling, other than hotel, motel, or restaurant wherein no more than two (2) people are sheltered or fed for profit, and no cooking or dining facilities are provided in individual rooms.
(28) “Boat and Marine Sales/Service” means the sales, service, and repair of new or used boats, boat trailers, marine hardware, and related products.
(29) “Boat Storage” means an enclosed, partially enclosed, or open facility utilized for the wet or dry storage of boats.
(30) “Brewery Pub” means 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.
(31) “Broadcasting Studio” means the over-the-air distribution of audio or video signals to a large number of recipients ("listeners" or "viewers") within the technical reach of the signals.
(32) “Building” means any structure having enclosing walls and roofs and requiring a permanent location on the land.
(33) “Building Envelope” means the area formed by the front, side, and rear setback lines of a lot within which the principal building and accessory structures, unless otherwise specified, must be located.
(34) “Building Height” means the vertical distance from the mean grade elevation taken at the fronting street side of a structure to the parapet or roof line of a flat roof, the eve of a pitched roof, or the deck line of a mansard roof. Towers, spires, steeples, and enclosed roof top mechanical equipment are not counted in height measurements.
(35) “Building Material Facility” means an establishment that sells goods relating to construction such as lumber, appliances, electrical supplies, and plumbing supplies or has construction goods in outdoor storage.
(36) “Building Setback Line” means an established imaginary line within a property defining the minimum required distance between the face of any building or structure and an adjacent right-of-way or property line. The face of the building includes basements, decks, sunrooms, foyers, bay windows, porches, patios with footers, projecting eaves and overhangs, dormers, and any other solid projections and solid entrances. Walks, terraces, and uncovered steps or stoops attached to a structure are exempt. Building setback lines apply to all yard lines and all accessory buildings and structures, except for signs, fences, and walls.
(37) “Bus and Transit Facilities” means a facility operated as a bus or rail passenger station or transfer center serving a publicly owned or franchised mass transit operation. Typical facilities may include station platforms, bus bays, off-street parking, private access roads, and other passenger amenities.
(38) “Bus/Other Transit Shelter” means a covered structure, located near a street and designed primarily for protection against the weather for bus or other transit passengers.
(39) "Camouflage” means the same as “stealth,” “conceal,” or “concealment.”
(40) “Camp, Youth” means any land, building, structure, or programmed use thereon, used for any regular assembly of youth, under the age of eighteen (18), for programmed activities providing creative, recreational, or educational opportunities, and requiring trained leadership in the form of counselors, pertaining to the resources of the natural surroundings and area. A Youth Camp does not include Trailer, Camping and Recreational Equipment, excluding utility trailers.
(41) “Campground” means 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/vehicles open to the public for free or for a fee.
(42) “Canopy” means a roof-like structure either projecting from a building façade 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.
(43) “Catering Business” means the preparation and delivery of food and beverages for offsite consumption for a fee.
(44) “Cemetery/Mausoleum” means the land used or intended to be used for the burial of human remains and dedicated for cemetery purposes.
(45) “Centerline” means 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.
(46) “Child Care Center” means a facility maintained by the state or any county or municipality thereof, or any agency or facility operated by an individual, firm, corporation, association, or organization, public or private, for the care of thirteen (13) or more children for child care services on a nonresidential basis and licensed by West Virginia Department of Health and Human Services.
(47) “Child Care Facility” means any facility which is used to provide nonresidential child care for compensation for seven (7) to twelve (12) children for four (4) or more hours per day, including children who are living in the household who are under six (6) years of age as determined by and licensed by the West Virginia Department of Health and Human Services. No more than four (4) of the total number of children may be under twenty-four months of age.
(48) “Child Care Home” means a facility which is used to provide nonresidential child care for compensation in the provider’s home. The provider may care for no more than six (6) children, including children who are living in the household, who are under six years of age as determined by and licensed by the West Virginia Department of Health and Human Services. No more than two (2) of the total number of children may be under twenty-four months of age.
(49) “Clear Sight Triangle” means an area of unobstructed vision at street intersections between two and one-half (2.5) and eight (8) feet above the road surface and within a triangular area at the street corner, which area is bounded by the street property lines of the corner lot and a line connecting points twelve (12) feet from the intersection of the property lines of such lot.
(50) “Clinic” means an establishment providing medical, chiropractic, psychiatric or surgical services exclusively on an outpatient basis, including emergency treatment, diagnostic services, and opioid treatment services.
(51) "Collapse Zone" means 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.
(52) “Collocate” or “collocation” means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.
(53) “Communications facilities” means the set of equipment and network components, including wires, cables, antennas, and associated facilities, used by a communications service provider to provide communications service.
(54) “Communications service” means 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.
(55) “Communications service provider” means any entity that provides communications
service.
(56) “Community Facility, Private” means a building or structure and related facilities operated by a community-based group or organization on a nonprofit basis, the primary function of which is the provision of personal services to individuals, families, and groups. 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.
(57) “Comprehensive Plan” means the comprehensive plan for the Town of Fayetteville, West Virginia.
(58) “Conceal” or “Concealment” means 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.
(59) “Conditional Use” means 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 ordinance.
(60) “Continuing Care Facility” means one or more of the following facilities:
A. Adult Assisted Living: Any facility, residence, or place of accommodation available for four (4) 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.
B. 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 twenty-four (24) hours, for four (4) 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
C. 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.
(61) “Convenience Store” means a business establishment that offers convenience goods for sale, such as pre-packaged or limited prepared food items, tobacco, and periodicals.
(62) “Conversion” means 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. This shall include the alteration of a non-residential structure into a dwelling unit or units, the modification of a single-family structure to accommodate more units than originally intended, the alteration of existing dwellings into a commercial use, and the alteration of an existing dwelling into a mixed commercial and residential use.
(63) “Conversion of Old School/Church” means the adaptive reuse of a former school or church for residential or commercial purposes not affiliated with the prior use.
(64) “Correctional Facility” means a facility for the confinement or safe custody of persons so confined as the result of a legal process and includes attendance centers established for persons sentenced to serve periods of community service.
(65) “Council” means the Town Council of the Town of Fayetteville, West Virginia.
(66) “County” means Fayette County, West Virginia.
(67) “Country Inn” means a commercial establishment involving the rental of up to twenty (20) bedrooms to overnight guests, and may include a restaurant serving overnight guests. The owner or manager of the premises shall reside on the premise while the County Inn is occupied.
(68) “Cultural Service” means the use of a site for a library, museum, or similar facility.
(69) “Decorative pole” means a Town of Fayetteville 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.
(70) "Designated Scenic Resources" means 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:
A. 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
B. 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.
(71) “Distribution Facility” means any premises or part thereof, which is stocked with goods to be redistributed to retailers, wholesalers, or directly to the consumer.
(72) “Distillery” means an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.
(73) “Dog Day Care” means 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. Overnight stays are not permitted, unless the use is combined with a kennel as defined herein.
(74) “Drive-through Facility” means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
(75) “Driveway” means a privately owned vehicular access from a street to properties abutting the street and serving no more than four (4) dwelling units.
(76) “Dry Cleaner” means an establishment providing dry cleaning and laundering services where dry cleaning and laundering are done on or off the premises. A dry cleaner may
also provide ancillary services such as tailoring.
(77) “Dwelling” means 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.
(78) “Dwelling, Conversion Apartment” means a dwelling unit created by the conversion of an existing single-family dwelling into a two (2), three (3), or four (4) family dwelling.
(79) “Dwelling, Garage Conversion” means conversion of an existing garage to habitable space for residential use no smaller than five hundred (500) square feet of gross floor
area.
(80) “Dwelling, Mixed Use” mean a building with commercial, office, or similar uses on the ground floor with access at the front of the building and residential uses above or behind the commercial, office, or similar uses and with residential access only at the side or rear of the building.
(81) “Dwelling, Single-Family” means a detached, permanent structure, with more than one thousand (1000) square feet of gross floor area, on a permanent foundation, and designed for or occupied exclusively as a residence for only one family as defined herein.
(82) “Dwelling Unit” means any dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities therefor.
(83) “Educational Institution” means 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 the institution's land that is not detached from where classroom facilities are maintained.
(84) “Eligible facilities request” means 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.
(85) “Eligible support structure” means 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 Town of Fayetteville.
(86) “Equipment cabinet” means an enclosure, room, shelter, structure, or building used to encapsulate, enclose, contain or otherwise support equipment associated with a wireless telecommunication facility.
(87) “Emergency Services” means an area utilized for the maintenance, fueling, storage, dispatching, or parking of vehicles or equipment providing rescue or ambulatory services.
(88) “Emergency Shelter” means 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 emergency housing needs.
(89) “Equipment Rental/Repair” means an establishment involved in renting or repairing tools and equipment, janitorial equipment, and similar items.
(90) “Essential Utilities and Equipment” means 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. 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 one or more of the following state agencies:
1. Public Service Commission;
2. Department of Environmental Protection; or
3. Department of Health and Human Resources.
(91) “Event” means 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: youth camps, 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 at a grange, and typical accessory events.
(92) “Event, Mass Gathering” means an event, as defined herein, resulting in the assemblage of more than five hundred (500) persons at the same time on any one parcel or any special event, as defined herein, where camping or overnight lodging is offered where camping or overnight lodging is not part of the principle use.
(93) “Event, Special” means an event, as defined herein, resulting in the assemblage of two hundred (200) to five hundred (500) persons at the same time or the arrival of one hundred (100) or more vehicles at the same time at the location of the event, whether held on private property, public property, or public roads, where neither camping nor overnight lodging is offered.
(94) “Existing tower or base station” means a lawfully constructed tower or base station approved under the applicable zoning and siting process of the Town of Fayetteville, approved under another state or local regulatory review process, or permitted to continue to operate as a nonconforming use.
(95) “Existing Use” means the 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 (1) year, provided, that in the case of natural resources, the absence of natural resources extraction or harvesting is not abandonment of the use.
(96) “Exterior Architectural Features” means the architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material, and the type, design and character of all windows, doors, massing and rhythm, light fixtures, signs, other appurtenant elements and natural features when they are integral to the significance of the site, all of which are subject to public view from a public street, way, or place.
(97) “Extractive Industry” means a heavy industry use that involves the extraction of minerals for sale or other commercial purpose, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. 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.
(98) "FAA" means the Federal Aviation Administration, or its lawful successor.
(99) “Factory-built Home” includes mobile homes and manufactured homes:
A. “Manufactured Home” means a home that meets the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U. S. C. §5401, et seq.), effective on the fifteenth day of June, one thousand nine hundred seventy-six, 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 (HUD).
B. “Mobile Home” means 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 longterm residential use and built prior to enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U. S. C. §5401, et seq.), effective on the fifteenth day of June, one thousand nine hundred seventy-six, and usually built to the voluntary industry standard of the American National Standards Institute (ANSI)--A119.1 standards for mobile homes.
(100) “Factory-built Home Rental Community” means a parcel of land under single or common ownership upon which two (2) or more factory-built homes are located on a continual, non-recreational 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.
(101) “Family” means an individual, or two (2) or more persons related by blood, marriage, or adoption, or foster relationship; or no more than four (4) unrelated persons and persons related by blood, marriage, adoption, or foster relationship to any of those four (4) unrelated individuals, living together as a stable nonprofit housekeeping unit and sharing common living, dining, and kitchen areas, subject to the requirements of the building code.
(102) “Farm/Construction Equipment and Supply Sales” means 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.
(103) “Farmer’s Market” means the offering for sale of fresh agricultural products directly to the consumer at an open-air market designated as a community activity.
(104) “FCC” means the Federal Communications Commission of the United States.
(105) “Fence” means 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.
(106) “Flea Market” means an outdoor or enclosed commercial activity, open to the general public that offers goods for sale, trade, or barter, regardless of whether they are new, used, antique, or homemade.
(107) “Floor Area, Gross” means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
(108) “Freight Terminal” means 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.
(109) “Frontage” means the side of a lot abutting on the street right-of-way or side of a building regarded as the front.
(110) “Funeral Home/Mortuary” means a building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of human remains for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation.
(111) “Garage, Community” means a group of private garages, detached or under one roof, arranged in a row or around a common means of access and erected for use of residents in the immediate vicinity.
(112) “Garage, Private” means a garage not conducted as a business or used for the storage space for more than one commercial vehicle which shall be owned by a person residing on the premises.
(113) “Garden Center” means an establishment primarily engaged in selling containerized trees, shrubs, and other plants; seeds; bulbs; mulches; soil conditioners; fertilizers; pesticides; and garden tools and other supplies to the general public and where no trees, shrubs, or plants are grown on the premises.
(114) “Gas Station” means a building, place of business, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing of gasoline, oil and grease, and other vehicle fuels, and including, as an accessory use, the sale and installation of batteries, tires, lubricants, and other automobile accessories and retail items. Minor repair service may also be rendered.
(115) “Gas Station, Large” means a gas station (as defined in this ordinance) exceeding any of the following criteria: four (4) fuel pump islands, a total of eight (8) fuel pumps, or a gas station combined with a convenience store.
(116) “Governmental Operations” means emergency services, municipal buildings, and post offices.
(117) “Greenhouse, Noncommercial” means a building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other weather-sensitive plants.
(118) “Greenhouse, Commercial” means a building used for the growing of plants, all or part of which are sold at retail or wholesale.
(119) “Group Residential Facility” means a facility which is owned, leased, or operated by a behavioral health service provider and which:
A. Provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled;
B. Is occupied as a residence by not more than eight (8) individuals who are developmentally disabled and not more than three (3) supervisors or is occupied as a residence by not more than twelve (12) individuals who are behaviorally disabled and not more than three (3) supervisors;
C. Is licensed by the Department of Health and Human Resources; and
D. Complies with the State Fire Commission for residential facilities.
(120) “Group Residential Home” means 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.
(121) “Habitable structure” means 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.
(122) “Health Club” means a building or portion of a building designed and equipped for the conduct of sports, exercise, or other customary and usual recreational activities, operated for profit or not-for-profit. The sale of sports nutrition products, non-alcoholic beverages, packaged health foods, exercise clothing, and sports videos and magazines is permitted as an accessory use to such facilities.
(123) "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.
(124) “Historic District” means 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.
(125) “Historic Landmark” means a site, building, structure, or object designated as historic on a national, state, or local register.
(126) “Historic Site” means 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.
(127) “Home-Based Business (Low-Impact)” means an accessory use intended to allow businesses that generate limited customer visitation or merchandise deliveries to operate such business from a residence.
(128) “Home-Based Business (No-Impact)” means 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 and no pickup, delivery, or removal functions to or from the premises in excess of those normally associated with residential use.
(129) “Hospital” means an institution designed for the diagnosis, treatment, and care of human illness or infirmity and providing health services, primarily for inpatients, and including related facilities, laboratories, outpatient departments, training facilities, and staff offices.
(130 “Hostel” means an establishment, other than a dwelling, bed and breakfast, or hotel/motel use, that provides dormitory sleeping accommodations or shared guest rooms as low-cost public travel accommodations to recreational travelers. Hostels typically have shared kitchen and sanitary facilities for use by transient guests.
(131) “Hotel/Motel” means 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.
(132) “Irregular Lot” means 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.
(133) “Junk” means 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.
(134) “Kennel” means 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.
(135) “Landowner” means 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.
(136) “Landscaping” means 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.
(137) “Laundromat” means a business that provides washing, drying, or ironing machines for hire to be used by customers on the premises.
(138) “Liquor Store” means an establishment operated under the authority of the West Virginia Code, Chapter 60, Article 3A primarily engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine, or whiskey, for off-premises consumption.
(139) “Loading Space” means a space or berth available for the loading and/or unloading of goods from commercial vehicles.
(140) “Lot” means 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.
(141) “Lot Area” means the total area within the lot lines of a lot, excluding any public rights-of-way.
(142) “Lot, Corner” means a lot at the junction of and abutting two or more intersecting streets, where the interior angle of intersection is less than one hundred and thirty-five (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 one hundred and thirty-five (135) degrees.
(143) “Lot Coverage” means the total area covered, measured from the outside of the exterior walls, by all principal and accessory buildings on a lot. Open porches, decks, balconies and similar features that are not covered by a roof shall not be counted.
(144) “Lot, Flag” means 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 or delineating the minimum required building envelope.
(145) “Lot, Interior” means a lot where the side property lines do not abut a street.
(146) “Lot, Irregular” means 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.
(147) “Lot Line” means the property boundary line of any lot held in single or joint ownership that divides one lot from another or from a street or any other public or private space.
A. “Front Lot Line” means, in the case of an interior lot, a line separating the lot from the street, public right-of-way, or future right-of-way; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.
B. “Rear Lot Line” means a lot line which is opposite and more distant from the front lot line, and in the case of an irregular lot, a line ten (10) feet in length within the lot and parallel to and at the maximum distance from the front lot line.
C. “Side Lot Line” means any lot line other than a front or rear lot line.
(148) “Lot Measurements” are measured as follows:
A. 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 lines of the lot. Lot depth for triangular lots shall be the mean distance from the street line to the point of intersection of the side yards.
B. Lot, Minimum Width: The minimum lot width at the building setback line.
C. 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.
(149) “Lot, Through” means an interior lot in which the front line and rear line both 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.
(150) “Lumberyard” means an establishment where processed wood timbers and products are stored for bulk and retail sale.
(151) “Manufacturing (Light)” means 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.
(152) “Medical Adult Day Care Center” means 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 twenty-four (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.
(153) “Medical Cannabis Growing Facility" means a place where medical cannabis is permitted to be grown, as provided for in the West Virginia Code, Chapter 16A, as amended. This term does not include a health care medical cannabis organization as defined in the Code of the State of West Virginia, Chapter 16A, as amended.
(154) "Medical Cannabis Processing Facility" means a place where medical cannabis is permitted to be processed, refined, or otherwise converted into a legally permitted state, as provided for in the West Virginia Code, Chapter 16A, as amended. This term does not include a health care medical cannabis organization as defined in the Code of the State of West Virginia, Chapter 16A, as amended.
(155) "Medical Cannabis Organization" means a dispensary, grower or processor. The term does not include a health care medical cannabis organization as defined in the West Virginia Code, Chapter 16A, as amended.
(156) "Medial Cannabis Organization, Health Care" means 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 West Virginia Code, Chapter 16A, as amended. A "vertically integrated health system" is a health delivery system in which the complete spectrum of care, including primary and specialty care, hospitalization and pharmaceutical care, is provided within a single organization.
(157) “Micro wireless facility” means a small wireless facility that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, that is no longer than eleven (11) inches.
(158) "Modification” or “Modify" means 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.
(159) “Mineral” means 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 law of this state in the West Virginia Code.
(160) “Multi-Family Housing” includes the following forms of dwellings:
A. “Dwelling, Apartment” means a building containing several and separate dwelling units, having common corridors and stairways and having shared exit and entrance facilities, and not exceeding three (3) stories.
B. “Dwelling, Condominium” means 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 shall apply to structures only and not individual ownership units.
C. “Dwelling, Town House” or “Rowhouse” means 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 townhouse developments, setbacks shall only apply from the perimeter of the main building to the perimeter of the parent parcel upon which the building is situated.
D. “Dwelling, Two-Family” means a freestanding building containing two (2) dwelling units, each of which has direct access to the outside.
(161) “Municipal Building” means any building, structure, or lot used by the town, a municipal-related use, or a municipal authority created by the town. These uses shall include an administrative facility, firehouse, and emergency medical service facility.
(162) “Night Club” means an establishment for evening entertainment, generally open until the early morning that serves liquor and usually food and offers patrons music, comedy acts, floor shows, or dancing but is not characterized as a forum for sexually oriented material.
(163) “Nonconforming Building” or “Nonconforming Structure” means a building, structure, or part thereof, manifestly not designed to comply with the applicable use or extent of use provisions in this ordinance 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 ordinance or amendments to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
(164) “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 or amendment heretofore or hereafter enacted, no longer conforms to the land-use standards or use regulations of the zone in which it is located.
(165) “Nonconforming Sign” means a sign which was lawfully erected in compliance with applicable regulations of the Town and maintained prior to the effective date of this zoning ordinance and which fails to conform to current standards and restrictions of the zoning ordinance.
(166) “Nonconforming Use” means a use, whether of land or of structure, which does not comply with the applicable use provisions in this ordinance 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.
(167) “Nonintoxicating Beer” means 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 one half of one percent alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or twelve percent by volume, whichever is greater.
(168) “Nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or 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.
(169) “Office Supply Services” or “Office Supply Establishment” means a place of business where stationery and other supplies typically used in offices are the main items offered for sale.
(170) “Open Space” means 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.
(171) “Owner-occupied” means a person who maintains his or her principal residence by being physically present and spending the night on the property for more than 208 nights of each calendar year and who is an “owner” of the property:
A. The sole owner of record of the property, as reflected in a deed recorded in the County Clerk's Office;
B. A tenant in common or joint tenant with right of survivorship, as reflected in a deed recorded in the County Clerk's Office; or
C. An owner of at least twenty-five (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.
(172) “Parcel Delivery Facility” means an establishment engaged in the delivery, receipt, and transmittal of documents, packages, and parcels.
(173) “Park” means land set aside for open space and recreation purposes.
(174) “Parking Lot” means an area utilized to meet the parking requirements of this ordinance, 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.
(175) “Parking Structure” means 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 uses.
(176) “Patio” means 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.
(177) “Permit” means a document issued by the governing body authorizing an applicant to undertake certain activities.
(178) “Permitted Use” means any use, other than conditional or accessory uses, allowed within a zoning district, subject to the restrictions applicable to that zoning district.
(179) “Personal Service” means 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 dry-cleaning and laundry pick-up stations where cleaning is not performed on site.
(180) “Personal wireless telecommunication services” means commercial mobile services, unlicensed wirel ess telecommunication services, and common carrier wireless telecommunication exchange access services.
(181) “Pet Shop” means an establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public.
(182) “Pharmacy” means an establishment in which prescription or nonprescription drugs or devices are compounded, dispensed, or distributed.
(183) “Photographic Studio” means a business used as a place of work for a photographer.
(184) “Places of Worship/Religious Institution” means 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.
(185) “Planning Commission” means the Planning Commission for the Town of Fayetteville.
(186) “Porch” means 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. Uncovered portions are a deck.
(187) “Post Office” means 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.
(188) “Principal Building or Structure” means 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.
(189) “Principal Use” means the primary use of land, buildings, or structures, whether permitted by right or conditional, which exists independently of any other use on the property.
(190) “Private Club” means any corporation or unincorporated association meeting the definition of private club in West Virginia Code Section 60-7-2(a), and licensed and in compliance with West Virginia Code, Chapter 60, Article 7, to sell liquor, beer, and wine.
(191) “Professional Services” means 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 or personal services.
(192) “Public Area” means any public place, public right-of-way, any parking area or right-of-way open to use by the general public, or any navigable body of water.
(193) “Public Place” means any lots, tracts or parcels of land, structures, buildings or parts thereof owned or leased by a governing body or unit of government.
(194) "Public recreational area" means a regionally or locally significant area, as designated by state or federal regulation, or by the Town of Fayetteville, and which is meant to serve a recreational purpose.
(195) “Reception Facility” means a facility within a permanent structure or outdoor area for hosting receptions, meetings, conferences, private parties, or similar activities, including but not limited to weddings, wedding receptions, birthday events, anniversary events, reunion events, and family gatherings, and not involving charging admission or held primarily to view a performance.
(196) “Recreation, Commercial Indoor” means 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.
(197) “Recreation, Commercial Outdoor” means 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, archery range, playing fields, golf courses, and similar recreational diversions.
(198) “Recreation, Municipal” means developed or undeveloped open spaces and/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 and related amenities.
(199) “Recreational Vehicle” means 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 3- or 4-wheeled sport racing vehicle, boat, boat trailer, raft, aircraft, dune buggie, snowmobile, jet ski, all-terrain vehicle and vehicle dollie are included.
(200) “Recycling Facility” means 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.
(201) “Research and Development” means research, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing, sale of products, or, a structure or complex of structures designed or used primarily for research development functions related to industry and similar fields of endeavor.
(202) “Resort” means a hospitality-oriented use comprised of up to five (5) principle uses permitted by right or as a conditional use in the underlying district and such uses may be operated independently but all as part of the resort.
(203) “Restaurant (Carry Out)” means an establishment that provides ready-to-eat food to be consumed off the premises. This includes food trucks and food trailers.
(204) “Restaurant (Fast Food)” means a restaurant where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or able to be taken to a table or counter to be consumed. This facility may or may not include a drive-through facility.
(205) “Restaurant (Sit Down)” means a commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales constitute more than sixty percent (60%) of the gross sales receipts.
(206) “Retail Store” means a business having as its primary function the supply of merchandise or wares to the end consumer. Such sales constitute the “primary function” of the business when such sales constitute the majority of the gross sales of the business. Two classes of retail stores:
A. Retail Store/Shop <25,000 square feet gross floor area.
B. Retail Store/Shop >25,000 square feet gross floor area.
(207) “Right-of-way” means a strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, trail, waterline, sanitary sewer, and/or other public utilities or facilities.
(208) “Satellite Signal Receiving Station” means devices 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.
(209) “School, Commercial” means 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.
(210) “School, Pre-school to 12” means a school offering educational instruction in grades prekindergarten through twelve (12), licensed by the West Virginia Department of Education. Schools can be both public and private.
(211) “Screening” means the use of plant materials, fencing and/or earthen berms to aid in the concealment of such features as parking areas and vehicles within them, and to provide privacy between two (2) or more different land uses which abut one another.
(212) “Self-Storage Facility” means 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.
(213) “Senior Independent Housing” means a single family or multi-family development
intended for, operated for and designed to accommodate residents fifty-five (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.
(214) “Setback” means the minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
A. Front Setback: the shortest distance between the building setback line and the front lot line.
B. Rear Setback: the shortest distance between the building setback line and the rear lot line.
C. Side Setback: the shortest distance between the building setback line and the side lot line.
(215) “Sewage Treatment Facility” means a facility designed to receive the wastewater from domestic sources and to remove materials that damage water quality when discharged into receiving streams or bodies of water.
(216) “Shopping Center” means a group of retail and other commercial establishments that is planned, owned, and managed as a single property.
(217) “Sign” means any device (writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant, or any other device, figure or character, or delineation) with the essential purpose to communicate, designed to communicate, or where context results in communication, and such communication is aimed at persons in a public right-of-way.
A. “A-Frame Sign” means 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 four (4) feet high. These are also referred to as “sandwich board” signs. They are included in the term “portable sign.”
B. “Animated Sign” or “Moving sign means 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 0.3 seconds; and static electronic message displays displayed less than seven (7) 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.
C. “Awning Sign” means a sign placed directly on the surface of an awning.
D. “Banner” means a temporary sign of flexible material affixed to a framework or flat surface. Banners are not flags for the purposes of this ordinance.
E. “Beacon” means any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same zone lot as the light source; also, any light with one (1) or more beams that rotate or move.
F. “Canopy Sign” means a sign attached to a canopy.
G. “Chalkboard Sign” means a single-faced, framed slate or chalk-board that can be written on with chalk or similar markers.
H. “Changeable Message Sign” means 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.
I. “Electronic message display” means 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:
1. “Static electronic message display” means an electronic message display that is not an animated sign.
2. “Static electronic message display with transition features” means an electronic message display that remains static except for no more than a two (2) 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 (7) seconds.
3. “Electronic message display, partially animated” means an electronic message display with animated or moving text or graphics.
4. “Electronic message display, fully animated” means an electronic message display with full animation features.
J. “Feather Sign/Feather Flag/Teardrop Flag/Wind flag” means 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 at may resemble a sail, bow, or teardrop.
K. “Flag” means a piece of cloth or similar material, typically oblong or square, attachable by one (1) edge to a pole or rope and used as a symbol or decoration; this includes pennants.
L. “Flashing Sign” means sign that includes lights that flash, blink, turn on and off intermittently, or otherwise vary light intensity during the display of a message.
M. “Freestanding Sign” or “Ground Mounted Sign” or “Pole Sign” means any nonportable 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.
N. “Geological signs” are signs made of or that appear to be made of geological formations, including but not limited to standalone rocks or mountainsides, and convey a message that is etched, carved, painted, or similarly incorporated into the sign’s material.
O. “Illegal Sign” means any sign erected without a required permit or which otherwise does not comply with any provisions of this article.
P. “Inflatable/tethered signs” are signs which are filled with a gaseous substance to convey a message or to draw attention to a message or location.
Q. “Marquee Sign” means a sign attached to and made a part of a marquee or any similar projections from a building, with changeable, fixed or both types of lettering in use.
R. “Minor Sign” means a wall or freestanding sign not exceeding one (1) square foot in area, not exceeding four (4) feet in height, and not illuminated.
S. “Monument Sign” means 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.
T. “Neon Sign” means a sign containing exposed tubes filled with light-emitting gas.
U. “Off-premises Sign” means a commercial sign not accessory to the principal use on a lot, or a sign that is the principal use of a lot.
V. “Pennant” means a geometric shaped flag made of flexible materials, suspended from one (1) or two (2) corners fastened to a string, which is secured or tethered so as to allow movement and used as an attention-getting form of media.
W. “Person-assisted Sign” means a sign that includes an individual who holds, moves, wears, or otherwise directs attention to a commercial sign.
X. “Portable Sign” means any temporary sign not affixed to a building, structure, vehicle, or the ground. It does not include a flag or banner.
Y. “Projecting Sign” means a sign attached to and projecting more than twelve (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 (8) feet above any walk surface or finish grade.
Z. “Roof Sign” means 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.
AA. “Temporary Sign” means any sign intended to be displayed for a limited period of time, not to exceed thirty (30) days.
BB. “Vehicle or Trailer Sign” means any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service or activity. Any such vehicle or trailer shall, without limitation, be considered to be used for the primary purpose of advertising if it fails to display current license plates, inspection sticker, or municipal decal, if the vehicle 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.
CC. “Wall Sign” means any sign that is attached, painted, drawn, marked, etched, or scratched onto a wall or against a flat vertical exterior surface of a structure, including portions of doors which do not contain windows.
DD. “Wicket Sign” means a sign with an H- or U-shaped frame that is put into the ground or placed above the ground.
EE. “Window Sign” means any sign visible outside the window, including windows on doors, and attached to or within 18 inches in front of or behind the surface of a window or door.
(218) “Sign Face” means the portion of a sign structure bearing the message.
(219) “Sign Height” means 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:
A. Existing grade prior to construction; or
B. The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating primarily for the purpose of mounting or elevating the sign.
(220) “Sign Structure” means any structure bearing a sign face.
(221) “Site” means 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.
(222) “Small cell network” means a collection of interrelated small wireless telecommunication facilities designed to deliver personal wireless telecommunication services.
(223) "Small wireless facility" or "Wireless Telecommunications Facility, Small Cells" means a wireless facility that meets both of the following qualifications: each antenna does not exceed six (6) cubic feet; and all other wireless equipment associated with the facility is cumulatively no more than twenty-eight (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.
(224) “Small cell network” means a collection of interrelated small wireless telecommunication facilities designed to deliver personal wireless telecommunication services.
(225) “Solar Energy System” means energy conversion system, including appurtenances, which converts solar energy 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 System may be groundmounted (i.e., placed on top of the ground surface) or roof-mounted (i.e., placed on or as an integral part of a building).
A. Small solar energy system: Solar energy systems installed for personal use in residences, commercial properties and institutions.
B. Large solar energy system: Solar energy systems installed on large parcels of land for the purpose of generating revenue or utility-scale systems installed to benefit the community or an entire institution.
(226) “Special Flood Hazard Area” means the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-percent annual chance flood is also referred to as the base flood or 100-year flood.
(227) “Spectrum Act” means the “Middle Class Tax Relief and Job Creation Act of 2012” (Public Law 112-96; codified at 47 U.S.C. § 1455(a)).
(228) “Sports Arena” means a central stage, ring, area, or the like, used for sports and
surrounded by seats for spectators.
(229) “Sporting event” and “sports” means activities involving physical exertion and skill in which an individual or team competes against another or others for entertainment, such as baseball, soccer, and football; does not involve the use of motorized equipment.
(230) "Stealth” means the same as “camouflage,” “conceal,” or “concealment.”
(231) “Street” means a dedicated and accepted public right-of-way for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land place, or however otherwise designated.
(232) “Structure” means 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 thirty-six (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.
(233) “Studio, Dancing, Music, or Art” means 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 other ways of 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.
(235) “Surety” means 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.
(236) "Targeted market coverage area" means the area which is targeted to be served by the wireless telecommunications facility proposed in an application.
(237) “Tattoo/Body Piercing Studio” means any room or space where tattooing or body piercing is practiced or where a business, or part thereof, involves body piercing or tattooing.
(238) “Tavern/Drinking Establishment I” means an establishment engaged in the preparation and retail sale of alcoholic beverages, including liquor, beer, and wine, for consumption on the premises and which may offer food for consumption on premises as an accessory use. This term also includes bar.
(239) “Temporary Structure” means any structure which is erected to be in place for not more than twelve (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.
(240) “Theater” means an establishment offering to the public movies or live performances.
(241) “Theater, Drive-in” means 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.
(242) “Tower” means 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.
(243) “Town of Fayetteville utility pole” means a utility pole owned or operated by the Town of Fayetteville in a public right-of-way.
(244) “Trailer, Camping and Recreational Equipment” means travel trailers, utility trailers, pickup coaches, motorized homes, and recreational vehicles and equipment as follows:
A. “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.
B. “Pickup Coach” means 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.
C. “Motorized Home” means portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
D. “Boat” means a vessel designed to travel on water.
E. “Utility Trailer” means a portable structure built on a chassis, designed to be towed and used for the purposes of hauling a boat, lawnmower, farm equipment, recreational equipment, or similar equipment, measuring not more than sixteen (16) feet in length, and not used primarily for commercial purposes.
(245) “Transmission equipment” means 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.
(246) “Travel Plaza” means a public facility, located next to a large thoroughfare such as a highway, expressway, or freeway at which drivers and passengers can rest, eat, or refuel without exiting onto secondary roads
(247) “Truck Terminal” means a facility where trucks load and unload goods, products, cargo and/or other materials to be broken down or aggregated in different size loads and reshipped to other destinations.
(248) “Unit of Government” means any federal, state, regional, county or municipal government or governmental agency.
(249) “Urban Agriculture” means land used for beekeeping, community gardens, composting, home agriculture, and other small-scale, plant-based agricultural activities.
(250) “Use” means any purpose for which a building, structure, or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business or operation performed in a building or structure or on a tract of land.
(251) “Utility” means a public or private distribution service to the public that is regulated by the public service commission.
(252) “Utility pole” means 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 fifteen (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.
(253) “Variance” means a deviation from the minimum standards of the zoning ordinance and shall not involve permitting land uses that are otherwise prohibited in the zoning district nor shall it involve changing the zoning classifications of a parcel of land.
(254) “Vehicle” means 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. This definition includes automobiles as defined herein.
(255) “Vehicle Sales/Rental and Service” means the rental, sales and service of automobiles, motorcycles and trucks.
(256) “Video Gaming or Lottery Establishment” means an establishment at which any form of gambling of chance is permitted or played, including “video lottery” machines licensed by the West Virginia Lottery Commission pursuant to the Code of West Virginia, but excluding establishments that only sell lottery tickets.
(257) "Viewpoint" means a location identified either in the Town of Fayetteville 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.
(258) “Warehouse” means a structure primarily used for the storage of goods and materials.
(259) “Wholesale Establishment” means the sale of commodities to retailers or jobbers and shall include the sale of commodities for the purpose of carrying on any trade or business even if the said trade or business is the consumer or end user of the commodity.
(260) “Winery” means an establishment where wine is manufactured or in any way prepared in accordance with the West Virginia Code.
(261) “Wireless infrastructure provider” means 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.
(262) “Wireless provider” means a wireless infrastructure provider or a wireless service
provider.
(263) “Wireless services” means 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.
(264) “Wireless service provider” means an entity that provides wireless services.
(265) “Wireless support structure” means 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.
(266) “Wireline backhaul facility” is a facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
(267) “Wireless Telecommunications Facility” means 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 ordinance:
A. “Emergency wireless telecommunications facility” means wireless telecommunication facilities exclusively for emergency communications.
B. “Amateur (ham) Radio Stations” means any antenna of less than one hundred (100) feet in height owned and operated exclusively by an amateur radio operator licensed by the Federal Communications Commission (FCC).
C. “Temporary wireless telecommunications facility means a temporary wireless telecommunications facility, either operational or in operation for a maximum period of one hundred twenty (120) calendar days per calendar year within the jurisdiction.
D. “Antennas as accessory uses” means an antenna that is an accessory use to a residential dwelling unit.
(268) “Yard” means space that lies between the principal building or buildings and the nearest lot line. The minimum required yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this code. Yards are further classified as front, rear, and side:
A. "Yard, Front" means a space extending the full width of the lot between the architectural front of a building and the front lot line or the fronting street right-of-way measured perpendicular to the building at the closest point to the front lot line. On corner lots, each yard abutting a street is a front yard. Lots adjacent to two intersecting streets, each yard adjacent to those streets is a front yard.
B. "Yard, Rear" means a space extending across the full width of the lot between the architectural rear of the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. Rear yards extend from the back of a building to a property line. On corner lots, the rear yard is opposite one front yard, as determined by the zoning officer.
C. "Yard, Required" means the open space between a lot line and the yard line and the façade of a building within which no structure may be located except as permitted by this code.
D. "Yard, Side" means a space extending from the front yard to the rear yard between the principal building façade and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building façade.
(269) “Zoning” means 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.
(270) “Zoning Map” means a map that geographically illustrates all zoning district boundaries within a municipality or county, as described within the zoning ordinance, and which is certified as the official zoning map for the municipality or county.
(271) “Zoning Officer” means that person appointed by the governing body and who has any other authority this Zoning Ordinance may confer upon him or her to administer the Zoning Ordinance and to issue zoning permits.
(Passed 7-7-22; 6-1-23.)