Unless otherwise expressly stated, the following words shall, for the purpose of this Zoning Ordinance, be defined as follows:
Abandoned Vehicle - any motor vehicle, or major part thereof, which is inoperative and which has been abandoned on public or private property for any period of time 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 illegally on public or private property for any period of time over five (5) days, 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 of time over three (3) days, or any motor vehicle, or major part thereof, which is unattended, discarded, deserted, or unlicensed and is not in an enclosed building, a licensed salvage yard, or the actual possession of a demolisher.
Abandonment - the relinquishment of property or a cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or resuming the nonconforming use of the property for a period of one (1) year.
Accessory Building or Structure - a detached building or structure customarily incidental and subordinate to the principal building or structure and located on the same lot.
Accessory Use - a use customarily incidental and subordinate to the principal use of the lot.
Accessway - 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 extended of a public or private road to the parking lot.
Adult Business - an adult bookstore, movie theater or movie house, or other adult entertainment, as defined herein.
(a) Adult Bookstore - any commercial establishment in which is offered for sale as a substantial or significant portion of its stock-in-trade videocassettes, movies, books, magazines or other periodicals, or other media which is distinguished or characterized by an emphasis on nudity or sexual conduct or on activities which, if presented in live presentation, would constitute adult entertainment.
(b) Adult Entertainment - an establishment providing, either as a sole use or in conjunction with or in addition to other uses, entertainment consisting of the use of nudity or of live dancing, posing, displaying, acting, or other live presentation 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, sexual titillation, or a prurient interest, or intended to or resulting in producing lustful emotions.
(c) Adult Movie Theater or Movie House (including Adult Mini-Theaters) - any movie theater which on a regular continuing basis shows films rated X by the Motion Picture Coding Association of America or any movie theater which presents for public viewing on a regular, continuing basis so-called adult films depicting sexual conduct, as defined by this chapter.
Advertising - any words, symbol, color, or design used to call attention to a commercial product, service, or activity.
Aggrieved or aggrieved person - a person who:
(1) Is denied by the planning commission, board of subdivision and land development appeals, or the board of zoning appeals, in whole or in part, the relief sought in any application or appeal; or
(2) Has demonstrated that he or she will suffer a peculiar injury, prejudice, or inconvenience beyond that which other residents of the county or municipality may suffer.
Alley - 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.
Alteration - any change, addition, or modification in construction or occupancy of an existing structure.
Amphitheater - an outdoor gathering space typically for entertainment which is often constructed with tiers of seats or sloping surfaces that gradually rise outward from a central open space or stage. An amphitheater may include a bandshell-type structure to provide weather protection to a stage.
Amusement and Recreation Center - a business establishment generally intended for use by all ages for the pursuit of sports and recreational activities, including, but not limited to, such establishments as ice rinks, sportsman's clubs, golf practice facilities, playing fields, golf courses, swimming pools, dance halls, bowling alleys, billiard and pool halls, video and other coin-operated electronic games, miniature golf courses, rifle ranges, archery ranges, shooting galleries, table games, trampolines, ball pits, and similar recreational diversions.
Animal Hospital/Veterinary Office - an establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment, but not the treatment or other care of humans.
Automobile - a road vehicle, typically with four wheels, able to carry a small number of people.
Automobile Car Wash - a site for washing and cleaning of automobiles, recreational vehicles, or other light duty equipment.
Automobile Repair/Service - any building, structure, improvements, or land used for the repair or maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo equipment or cellular telephones.
Bakery - an establishment primarily engaged in the retail sale of baked goods for consumption off-site.
Bank/Financial Institution - a bank, savings and loan, credit union, or other financial institution that provides retail banking services to individuals and businesses.
Basement - a space having one-half or more of its floor-to-ceiling height below the average level of the adjoining ground.
Bed and Breakfast - a private residence in which overnight accommodations are provided for not more than ten (10) transient paying guests, and which is permanently occupied by the owner offering the bed and breakfast service.
Board or Board of Zoning Appeals - the officially constituted body appointed to carry out duties and responsibilities in accordance with the Code of the State of West Virginia Code, Chapter 8A, Article 8, et seq., as amended.
Boardinghouse and/or Rooming House - a dwelling, other than hotel, motel, or restaurant, wherein more than two (2) people are sheltered for profit. No cooking or dining facilities are provided in individual rooms, but overnight guests may be fed.
Boat and Marine Sales/Service - the sales, service, and repair of new and used boats, boat trailers, marine hardware, and related products.
Boat Storage - an enclosed, partially enclosed, or open facility utilized for the wet or dry storage of boats.
Brewery Pub - place of manufacture of nonintoxicating beer or nonintoxicating craft beer owned by a resident brewer, subject to federal and state regulations and guidelines, a portion of which premises are designated for retail sales of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
Broadcasting Studio - 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.
Building - any structure having enclosing walls and roofs and requiring a permanent location on the land.
Building Envelope - the area formed by the front, side, and rear setback lines of a lot within which the principal building must be located.
Building Height - 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. See Section 1305.11 for exceptions.
Building Material Facility - an establishment that sells goods relating to construction such as lumber, appliances, electrical supplies, and plumbing supplies or has construction goods in outdoor storage.
Bus & Transit Facilities - 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.
Bus/Other Transit Shelter - a covered structure, located near a street and designed primarily for protection against the weather for bus or other transit passengers.
Canopy - 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.
Catering Business - the preparation and delivery of food and beverages for off-site consumption for a fee.
Cemetery/Mausoleum - the land used or intended to be used for the burial of human remains and dedicated for cemetery purposes.
Centerline - an imaginary line running parallel to street or easement right-of-way lines and
equidistant from the lines on each side of the street or easement, or a line following the center of a physical feature such as a stream.
Child Day Care Facility - is divided into four classes as defined in the West Virginia Code:
(a) Child Day Care Facility, Class 1 - a facility maintained by the state or any county or municipality thereof, or any agency or facility maintained by an individual, firm, corporation, association or organization, public or private for the care of thirteen (13) or more children for child care services in any setting, if the facility is open for more than thirty (30) days per year per child.
(b) Child Day Care Facility, Class 2 - a facility which is used to provide nonresidential child care services for compensation for seven (7) to twelve (12) children, including children who are living in the household, who are under six years of age. No more than four (4) of the total number of children may be under twenty-four months of age. A facility may be in a provider's residence or a separate building.
(c) Child Day Care Facility, Class 3 - a facility which is used to provide nonresidential child care services for compensation in a provider's residence. The provider may care for four (4) to six (6) children at one time, including children who are living in the household, who are under six years of age. No more than two (2) of the total number of children may be under twenty-four months of age.
(d) Child Day Care Facility, Class 4 - residential child care services for compensation for three (3) or fewer children, including children who are living in the household, who are under six years of age. Care is given in the provider's own home to at least one (1) child who is not related to the caregiver.
Clear Sight Triangle - 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, bounded by the street property lines of the corner lot and a line connecting points twenty-five (25) feet distant from the intersection of the property lines of such lot.
Clinic - an establishment providing medical, chiropractic, psychiatric, or surgical services exclusively on an outpatient basis, including emergency treatment and diagnostic services.
Community Facility - a nonprofit facility whose primary goal is to provide a community service and may be publicly or privately owned.
Comprehensive Plan - the comprehensive plan for the Town of Granville, West Virginia.
Conditional Use - a use which because of special requirements or characteristics may be permitted in a particular zoning district only after review by the board of zoning appeals and upon issuance of a conditional use permit, subject to the limitations and conditions specified in this code.
Continuing Care Facility - is 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.
Convenience Store - a business establishment that offers convenience goods for sale, such as pre-packaged or limited prepared food items, tobacco, and periodicals, but which does not display merchandise or products outdoors except where necessary to sell the merchandise or products.
Conversion - the remodeling or alteration of a structure so as to accommodate more leasable or saleable units or a different use than what had originally been intended for the structure, including the alteration of a non-residential structure into a dwelling unit for at least one family, 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.
Conversion of Old School/Church - the adaptive reuse of a former school or church for residential or commercial purposes not affiliated with the prior use.
Council - Town Council of the Town of Granville, West Virginia.
County - Monongalia County, West Virginia.
Cultural Service - a site for a library, museum, or similar facility.
Distribution Facility - any premises or part thereof, which is stocked with goods to be redistributed to retailers, wholesalers, or directly to the consumer.
Distillery - an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.
Dock - structure built over or floating upon the water and used as a mooring place for boats and other marine transport, fishing, swimming, and other recreational uses.
Dog Day Care - an organized, controlled, and monitored environment for a group of dogs to interact and play throughout the day. The purpose is to provide stimulation, exercise, and socialization for dogs. Overnight stays are not permitted, unless the use is combined with a kennel as defined herein.
Drive-Through Facility - any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in an automobile during such business transactions.
Driveway - an impervious surface or surface constructed of gravel for vehicular access to a building, garage, parking facility, or other vehicular facility, lot, or parcel of land.
Dry Cleaner - an establishment providing dry cleaning and laundering services where dry cleaning and laundering are done on the premises. A dry cleaner may also provide ancillary services such as tailoring. Dry Cleaner includes:
(a) Dry Cleaning and Laundry Pick-up Station - an establishment where customer's drop-off and pick up garments or articles that are sent to another location for cleaning or laundering. A dry cleaning and laundry pick-up station does not include on-site dry cleaning or laundry facilities.
(b) Dry Cleaning and Laundry Plant - an establishment for the mechanical cleaning of garments, articles, or goods of fabric, including a linen, diaper, or uniform laundering service, containing more than 3,000 square feet of gross floor area. A dry cleaning and laundering plant may perform work on the premises for other dry cleaning and laundry services and serve retail customers.
Dwelling - a house, apartment building, or other building designed or used primarily for non-transient human habitation. The word "dwelling" does not include boarding houses or rooming houses, tourist homes, motels, hotels, or other structures designed for transient residence.
Dwelling, Apartment - a building containing several and separate dwelling units, having common corridors and stairways, and having shared exit and entrance facilities, and not exceeding four (4) stories.
Dwelling, Condominium - real estate, portions of which are designated for separate ownership, and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
Dwelling, Conversion Apartment - dwelling unit created by the conversion of an existing single-family dwelling into a two (2), three (3), or four (4) family dwelling.
Dwelling, Mixed Use - a building containing residential uses with commercial or office uses on the ground floor in the front of the building facing the primary street frontage. Residential units may be located on the ground floor behind the commercial or office uses, but not accessible from any portion of the building that faces the primary street.
Dwelling, Multi-Family - a freestanding building containing three (3) or more dwelling units, whether they have direct access to the outside, or access to a common building entrance. Multi-family dwellings may consist of rental apartment buildings, rental or owner-occupied town house buildings, and rental or owner- occupied condominium buildings, provided that all such freestanding buildings contain three (3) or more dwelling units.
Dwelling, Single-Family - a detached, permanent structure designed for or occupied exclusively as a residence for only one family.
Dwelling, Town House - also known as a "rowhouse," a one-family dwelling unit, with private entrance, which is part of a structure with dwelling units that are attached horizontally in a linear arrangement, with a totally exposed front and rear wall to be used for access, light, and ventilation. For purposes of determining the required yard for town house 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.
Dwelling, Two-Family - a freestanding building containing two (2) dwelling units, each of which has direct access to the outside.
Dwelling Unit - any dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities therefor.
Educational Institution - a college or university giving general academic instruction. Included within this term are areas or structures used for administration, housing of students and faculty, dining halls, and social or athletic activities, when located on the institution's land that is not detached from where classroom facilities are maintained.
Emergency Services - an area utilized for the maintenance, fueling, storage, dispatching, or parking of vehicles or equipment providing rescue or ambulatory services.
Emergency Shelter - a structure or part thereof, operated on a nonprofit 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.
Equipment Rental/Repair - an establishment involved in renting or repairing tools and equipment, janitorial equipment, and similar items.
Essential Utilities and Equipment - 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.
Existing Use - use of land, buildings, or activity permitted or in existence prior to the adoption of a zoning map or ordinances by the county or municipality. If the use is nonconforming to local ordinance and lawfully existed prior to the adoption of the ordinance, the use may continue to exist as a nonconforming use until abandoned for a period of one year, provided that in the case of natural resources, the absence of natural resources extraction or harvesting is not abandonment of the use.
Extractive Industry - heavy industry use that involves the extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gasses, such as natural gasses. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.
Factory-built Home - includes mobile homes and manufactured homes.
Factory-built Home Rental Community - a parcel of land under single or common ownership upon which two or more factory-built homes are located on a continual, nonrecreational basis together with any structure, equipment, road or facility intended for use incidental to the occupancy of the factory-built homes, but does not include premises used solely for storage or display of uninhabited factory-built homes or premises occupied solely by a landowner and members of his or her family.
(a) Manufactured Home - 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.
(b) Mobile Home - a transportable structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and designed for long-term residential use and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U. S. C. §5401, et seq.), effective on 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.
Family - an individual, or two or more persons related by blood, marriage, or adoption, or foster relationship; or no more than three (3) unrelated persons and persons related by blood, marriage, adoption, or foster relationship to any of those three (3) unrelated individuals, living together as a single housekeeping unit and sharing common living, dining, and kitchen areas, subject to the requirements of the building code.
Farm/Construction Equipment and Supply Sales - an establishment engaged in the on-premises lease, rental, or retail sale of new or used construction or farm equipment, with or without incidental service for minor repairs and maintenance.
Farmer's Market - location for offering for sale fresh agricultural products directly to the consumer in an open-air market designated as a community activity.
Fence - an artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate an area.
Flea Market - 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.
Floor Area, Gross - The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
Frontage - that side of a lot abutting on the street right-of-way or side of a building regarded as the front.
Funeral Home/Mortuary - a building or part 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 related to the processing of human remains; (c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation.
Garage - an accessory building either attached to or detached from a residential dwelling on the same property for storing vehicles by the resident of the dwelling and not to be used as a business.
Garage, Private - a garage not conducted as a business or used for the storage space for more than one commercial vehicle owned by a person residing on the premises.
Garage, Public - a building or portion thereof designed or used for the commercial parking of vehicles.
Garage Sale - the sale of personal property owned or maintained by occupants of the premises in, at, or upon any residentially zoned or residentially occupied property. Garage sale includes, but is not limited to, any yard sale, multi-family sale, home sale, patio sale, or any other sale similarly conducted on any residentially zoned or residentially occupied property.
Garden Center - an establishment primarily engaged in selling containerized trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools, and other garden supplies to the general public and where no trees, shrubs, or plants are grown on the premises.
Gas Station - 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.
Gas Station, Large - a gas station (as defined in this code) 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.
Greenhouse, Noncommercial - 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.
Greenhouse, Commercial - a building used for the growing of plants, all or part of which are sold at retail or wholesale.
Group Residential Facility - a facility which is owned, leased, or operated by a behavioral health service provider and which: (1) provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled; (2) is occupied as a residence by not more than eight individuals who are developmentally disabled and not more than three supervisors or is occupied as a residence by not more than twelve individuals who are behaviorally disabled and not more than three supervisors; (3) is licensed by the Department of Health and Human Resources; and (4) complies with the State Fire Commission for residential facilities.
Group Residential Home - a building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence, and complying with all applicable requirements of the state of West Virginia.
Health Club - 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 as a nonprofit organization. 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.
Historic District - a geographically definable area, designated as historic on a national, state, or local register, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.
Historic Landmark - means a site, building, structure or object designated as historic on a national, state or local register.
Historic Site - the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure and designated as historic on a national, state or local register.
Holiday Displays - displays erected on a seasonal basis in observance of religious, national, or state holidays which are not intended to be permanent in nature and which contain no advertising material.
Home-Based Business (Low-Impact) - an accessory use intended to allow businesses that generate limited customer visitation or merchandise deliveries to operate such business from a residence.
Home-Based Business (No-Impact) - an accessory use intended to allow businesses that rely solely on electronic or off-premise transactions to perform such operations from a residence. The use involves no customer client or patient traffic, whether vehicular or pedestrian; pickup; delivery; or removal functions to or from the premises in excess of those normally associated with residential use.
Hotel/Motel - A building or group of buildings in which lodging is provided and offered for compensation. The building may also include dining rooms, kitchens, serving rooms, ballrooms, and other facilities and services intended primarily for the accommodation of patrons.
Incinerator - an enclosed device using controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials as defined by the West Virginia Code.
Irregular Lot - 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.
Junk - any worn, cast-off, or discarded article or material which is ready for destruction or which has been collected or stored for sale, resale, salvage, or conversion to some other use.
Kennel - 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.
Landowner - the legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if authorized under the lease to exercise the right of the landowner, or other person having a proprietary interest in land.
Landscaping - the bringing of the soil surface to a smooth finished grade, installing sufficient trees, shrubs, ground cover, and grass to soften building lines, provide shade, and generally produce a pleasing visual effect of the premises.
Laundromat - a business that provides washing, drying, or ironing machines for hire to be used by customers on the premises.
Liquor Store - an establishment operated under the authority of the West Virginia Code, Chapter 60, Article 3A, and primarily engaged in the retail sale of packaged alcoholic beverages such as ale, beer, wine, or whiskey, for off-premises consumption.
Loading Space - a space or berth available for the loading or unloading of goods from commercial vehicles.
Lot - a designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.
Lot Area - the total area within the lot lines of a lot, excluding any public rights-of-way.
Lot, Corner - a lot at the junction of and abutting two or more intersecting streets, where the interior angle of intersection is less than 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.
Lot Coverage - 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.
Lot, Flag - a polygonal-shaped lot with the appearance of a frying pan or flag and staff in which the handle is most often used as the point of access. The handle, when less than the minimum width for a building lot in the zoning district in which it is located, is not to be used in computing the minimum required lot area or delineating the minimum required building envelope.
Lot, Interior - a lot where the side property lines do not abut a street.
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.
Lot Line - 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 - 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 - 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 - any lot line other than a front or rear lot line.
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.
Lot, Through - an interior lot in which the front line and rear line abut upon streets. Where a single lot under individual ownership extends from a street to a street, the widest street shall be deemed the street upon which the property fronts.
Lumberyard - an establishment where processed wood timbers and products are stored for bulk and retail sale.
Manufacturing (Heavy) - manufacturing or compounding process of raw materials, where such activities or processes necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of the manufacturing process.
Manufacturing (Light) - 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.
Marina - a business or recreational facility engaged in the secure mooring of boats, including facilities for storage and repair of boats and sale of boating supplies and fuel.
Medical Adult Day Care Center - a healthcare facility which provides an organized day program of therapeutic, social, and health maintenance and restorative services with the general goal to provide an alternative to twenty-four (24) hour, long term institutional care to elderly or disabled adults in need of such services by virtue of physical and mental impairment.
Mineral - gas, oil, coal, other gaseous and solid hydrocarbons, oil shale, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resource, or any other substance defined as a mineral by the West Virginia Code.
Night Club - an establishment for evening entertainment, generally open until the early morning that serves liquor and usually food and offers patrons music, comedy acts, a floor show, or dancing but is not characterized as a forum for sexually oriented material.
Nonconforming Building or Structure - a building, structure, or part thereof manifestly not designed to comply with the applicable use or extent of use provisions in this code or amendments heretofore or hereafter enacted, where such building or structure lawfully existed prior to the enactment of this code or amendment, or prior to the application of this code or amendments to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
Nonconforming Lot - a lot or parcel of land that was of record and lawfully established and maintained but which, because of the enactment of this code, no longer conforms to the land use standards or use regulations of the zone in which it is located.
Nonconforming Sign - a sign which was lawfully erected in compliance with applicable regulations of the Town and maintained prior to the effective date of this code and which fails to conform to current standards and restrictions of this code.
Nonconforming Use - a use, whether of land or of structure, which does not comply with the applicable use provisions in this code or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this code or amendment, or prior to the application of this code or amendment to its location by reason of annexation.
Nonintoxicating Beer - all natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect containing at least 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.
Nudity - the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, cleavage with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.
Office Supply Services or Establishment - a place of business where stationery and other supplies typically used in offices are the main items offered for sale.
Open Space - any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
Opioid Treatment Services - treatment or services provided by an opioid treatment program that uses opioid treatment medications as part of its treatment modality. Opioid treatment services as defined in this code are only provided through intensive outpatient settings. Treatment may include medical maintenance, medically supervised withdrawal and detoxification, various levels of medical, psychosocial and other types of care, detoxification treatment, short-term detoxification treatment, long-term detoxification treatment, and maintenance treatment.
Parcel Delivery Facility - an establishment engaged in the delivery, receipt, and transmittal of documents, packages, and parcels.
Park - land set aside for open space and recreation purposes.
Parking Lot - an area utilized to meet the parking requirements of this code, including the parking aisles that provide access to the parking spaces, but not including any streets or driveways that provide access to the parking lot.
Parking Structure - 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.
Patio - an area consisting of natural or man-made material constructed at or near grade level, intended for use as an outdoor living area, and not enclosed by a permanent roof or awning.
Permitted Use - any use, other than conditional or accessory uses, allowed within a zoning district, subject to the restrictions applicable to that zoning district.
Personal Service - a business providing services to a person, their apparel or personal effects commonly carried on or about their person, including, but not limited to, shoe repair, tailoring, watch repair, beauty shops, barber shops, and tanning and nail salons.
Pet Shop - an establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public.
Pharmacy - an establishment in which prescription or nonprescription drugs or devices are compounded, dispensed, or distributed.
Photographic Studio - a business used as a place of work for a photographer.
Places of Worship/Religious Institution - a building wherein persons regularly assemble for acts of religious devotion and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes a church, synagogue, temple, mosque, or other such place for worship and religious activities. Customary accessory uses include a wide range of religious activities, including a caretaker's residence; fellowship halls, parish halls and similar buildings; rooms used for meetings, religious education, and similar functions; a gymnasium; a playground; the sale of items associated with the practice of religion; and faith-based social services such as homeless shelters, group homes, and soup kitchens.
Planning Commission - the planning commission for the Town of Granville.
Porch - a covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes. If a porch is uncovered it is considered to be a deck or patio.
Principal Building or Structure - a building or structure in which the principal use is conducted. In all residential districts, any dwelling is the principal building on the lot on which it is located.
Principal Use - the primary use of land, buildings, or structures, whether permitted by right or conditional, which exists independently of any other use on the property.
Professional Services - any office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents, and others who are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing, or other administrative functions, but not including banks or other financial institutions or personal services.
Public Area - any public place, public right-of-way, parking area, or navigable body of water.
Public Art - items expressing creative skill or imagination in a visual form, such as painting or sculpture, which are intended to beautify or provide aesthetic influences to public areas or areas which are visible from the public realm.
Public Place - any lots, tracts, parcels of land, structures, buildings, or parts thereof owned or leased by a governing body or unit of government.
Recreation, Public - an enterprise owned and operated by a public entity, available to the general public, whether or not an admission fee is charged, including either indoor or outdoor facilities for the pursuit of sports, recreation, or leisure activities, including, but not limited to, parks, playgrounds, playing fields, golf courses, golf, or batting practice facilities, ice rinks, tennis courts, swimming pools, and similar facilities.
Recreational Vehicle - any travel trailer or other vehicular portable structure designed to be used as a temporary occupancy for travel or recreational use. For example, any motor home, truck slide-in camper, fifth wheel trailer, tent trailer, animal trailer, trailer used for transporting recreational vehicles, any type of 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.
Research and Development - 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.
Restaurant (Carry Out) - an establishment that provides ready-to-eat food to be consumed off the premises.
Restaurant (Fast Food) - a restaurant where most customers order and are served food at a counter or in an automobile in packages prepared to leave the premises or to be taken to a table or counter to be consumed. This facility may or may not include a drive-through facility.
Restaurant (Sit Down) - 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 (60) percent of the gross sales receipts.
Retail Store - 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. Three classes of retail stores:
(a) Retail <7,000 square feet of gross floor area
(b) Retail 7,000 to 25,000 square feet of gross floor area
(c) Retail >25,000 square feet of gross floor area
Right-of-Way - a strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, trail, waterline, sanitary sewer, or other public utilities or facilities.
Roadside Vendor Stand - means location, trailers, truck beds, or similar facilities offering products for sale which are not produced on the immediate premises.
School, Commercial - a school establishment to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to schools that are owned and operated privately for profit.
School, Pre-school to 12 - a school offering educational instruction in any grades pre-kindergarten through twelve (12), licensed by the West Virginia Department of Education. Schools can be both public and private.
Screening - the use of plant materials, fencing, or earthen berms to aid in the concealment of such features as parking areas and vehicles within them, and to provide privacy between two (2) or more different land uses that abut.
Self-Storage Facility - a building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.
Senior Independent Housing - a single family or multi-family development intended for, operated for, and designed to accommodate residents fifty-five 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 may include continuing care facilities.
Setback - the minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
(a) Front Setback - the shortest distance permitted between the building setback line and the front lot line.
(b) Rear Setback - the shortest distance permitted between the building setback line and the rear lot line.
(c) Side Setback - the shortest distance permitted between the building setback line and the side lot line.
Sewage Treatment Facility - 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.
Shopping Center - a group of retail and other commercial establishments that is planned, owned, and managed as a single property.
Sign - 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 area.
(a) A-Frame Sign - a two-faced sign with supports that are connected at the top and separated at the base with an internal angle between the two faces of no more than a forty-five degree angle, forming an "A" shape not more than four feet high. These are also referred to as "sandwich board" signs.
(b) Animated Sign - a sign or part of a sign that is designed to rotate, move, or appear to rotate or move. Such a sign is sometimes referred to as a "moving sign." Animated signs include signs with moving graphic features such as scrolling text or images that appear to move; moving sign change features such as fly-in, wipe-off, fading, dissolving, traveling, or expanding displays or any other full message sign change taking longer than 0.3 seconds; and static electronic message displays lasting less than seven (7) seconds.
(c) Awning Sign - a sign placed directly on the surface of an awning.
(d) Banner - temporary sign of flexible material affixed to a framework or flat surface.
(e) Canopy Sign - a sign attached to a canopy.
(f) Chalk-Board Sign - a single-faced, framed slate or chalk board that can be written on with chalk or similar markers.
(g) Changeable Message Sign - 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.
(h) Commercial Sign - any sign that advertises a business.
(i) Electronic Message Display - a sign that is either light emitting or light reflective and that is capable of changing the displayed message through electronic programming. Electronic message displays are divided into four categories:
(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 - a lightweight, portable flag made of cloth, plastic, or similar material or sign mounted along one edge on a single, vertical, flexible pole, the physical structure of which may resemble a sail, bow, or teardrop.
(k) Flag - a piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol or decoration; this includes pennants.
(l) Flashing Sign - sign that includes lights that flash, blink, or turn on and off intermittently, or otherwise vary light intensity during the display of a message.
(m) Freestanding Sign, Ground Mounted Sign, or Pole Sign - any non-portable sign supported by a fence, retaining wall, or by pole or upright structural members or braces on or in the ground and not attached to a building.
(n) Illegal Sign - any sign erected without a required permit or which otherwise does not comply with any provisions of this article.
(o) Marquee Sign - a sign attached to and made a part of a marquee or any similar projection from a building, with changeable, fixed, or both types of lettering.
(p) Minor Sign - a wall or freestanding sign not exceeding one (1) square foot in area, not exceeding four (4) feet in height, and not illuminated.
(q) Monument Sign - a sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another; not a pole sign.
(r) Neon Sign - a sign containing exposed tubes filled with light-emitting gas.
(s) Off-Premises Sign - signs not accessory to or associated with the principal use on a lot, or signs which are the principal use of a lot.
(t) Pennant - a geometric shaped flag made of flexible materials, suspended from one or two corners fastened to a string, which is secured or tethered so as to allow movement, used as an attention-getting form of media.
(u) Projecting Sign - a sign attached to and projecting more than twelve (12) inches from the face of a wall or building, but not projecting above the parapet or eave line of the building, and which is a minimum of eight (8) feet above any walk surface or finish grade.
(v) Roof Sign - a sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.
(w) Temporary Sign - any sign intended to be displayed for a limited period of time, not to exceed thirty (30) days.
(x) Vehicle or Trailer Sign - 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.
(y) Wall Sign - any sign attached to a wall or painted on or against a flat vertical surface of a structure.
(z) Wicket Sign - a sign with an H- or U-shaped frame that is put into the ground or placed above the ground.
(aa) Window Sign - any sign visible outside the window and attached to or within eighteen (18) inches in front of or behind the surface of a window or door.
Sign Face - the portion of a sign structure bearing the message.
Sign Height - 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.
Sign Structure - any structure bearing a sign face.
Solar Energy System - an 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 ground mounted (i.e., placed on top of the ground surface) or roof-mounted (i.e., placed on or as an integral part of a building).
Small solar energy system - Solar energy systems installed for personal use in residences, commercial properties and institutions.
Special Flood Hazard Area - 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.
Sports Arena - a central stage, ring, area, or similar structure, used for sports and surrounded by or offering seats for spectators.
Street - 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.
Structure - anything constructed, erected, or situated by man that requires location on the ground or being attached to something having location on the ground; but not including vehicles, recreational vehicles, campers, tents less than 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.
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.
Tattoo/Body Piercing Studio - any room or space where tattooing or body piercing is practiced or where a business, or part thereof, involves body piercing or tattooing.
Tavern/Drinking Establishment - an establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises and which may offer food for consumption on premises as an accessory use. This term also includes bar.
Telecommunications, Class I - Class I telecommunications facilities include but are not limited to such facilities as television antennas, ham radio antennas, am/fm reception, but not facilities utilized for cell phone reception.
Telecommunications, Class II - Class II telecommunications facilities include but are not limited to such facilities as antennas and associated electronic equipment designed expressly for use by cell phone companies, as regulated under the Federal Telecommunication Act of 1996, that are not intended to be supported by or attached to a new telecommunications tower, as defined. They may be attached to existing, permitted tower structures, as provided for in this code.
Telecommunications, Class III - Class III telecommunications facilities include but are not limited to such facilities as antennas and associated electronic equipment that is supported by or attached to a new telecommunications tower, as defined herein, and is designed expressly for use by cell phone companies, as regulated under the Federal Telecommunications Act of 1996.
Telecommunications Tower - any structure that is designated and constructed primarily for the purpose of supporting one or more telecommunication antennas. This includes guyed towers, lattice towers, monopoles, and towers taller than fifteen (15) feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.
Temporary Structure - 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.
Theater - an establishment offering to the public movies or live performances.
Transportation Services - means passenger transportation service provided by bus, rail, or other surface conveyance that provides transportation to the general public on a regular and continuing basis.
Unit of Government - any federal, state, regional, county, or municipal government or governmental agency.
Urban Agriculture - means land used for community gardens, keeping up to two (2) hens, and other small-scale agricultural activities.
Use- 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.
Utility - means a public or private distribution service to the public that is regulated by the public service commission.
Variance - a deviation from the minimum standards of this code, but does not involve permitting land uses that are otherwise prohibited in the zoning district or changing the zoning classifications of a parcel of land.
Vehicle - Any device in, upon, or by which any person or property is or may be transported or drawn upon a street, excepting tractors, agricultural machinery, devices moved by human power or used upon stationary rails or tracks. This definition includes automobiles as defined herein.
Vehicle Sales/Rental and Service - the rental, sales, and service of automobiles, motorcycles, and trucks.
Video Gaming or Lottery Establishment - 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.
Warehouse - a facility characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production.
Water Treatment Plant - facilities that treat water and produce potable water for public consumption.
Wholesale Establishment - the sale of commodities to retailers or jobbers, including 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.
Wind Energy System - any electric generation facility, whose main purpose is to convert and store wind energy into usable forms of energy and that includes the wind turbine(s), structural supports, electrical infrastructure, and other appurtenant structures and facilities.
(a) Small wind energy system - a small wind energy system consists of a maximum of one (1) wind turbine, installed for personal use in residences, commercial properties, and institutions.
Winery - an establishment where wine is manufactured or in any way prepared in accordance with the West Virginia Code.
Yard - space that lays 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 - a space extending the full width of the lot between the front façade of the principal building and the front lot line or the fronting street right-of-way. On corner lots, or on lots otherwise adjacent to two intersecting streets, each yard abutting a street is a front yard.
(b) Yard, Rear - a space extending across the full width of the lot between the rear façade of the principal building and the rear lot line. On corner lots, the rear yard is opposite one front yard, as determined by the zoning officer.
(c) Yard, Required - the open space between a lot line and the building setback line within which no building or structure may be located except as permitted by this code.
(d) Yard, Side - a space extending from the front yard to the rear yard between the principal building façade and the side lot line.
Zoning - the division of a municipality or county into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones.
Zoning Officer - that person appointed by the governing body and who has any other authority this Zoning Ordinance may confer upon him or her to administer this code and to issue zoning permits.
(Passed 8-28-18.)