(1) "Adult Business" means an adult bookstore, movie theater, or movie house or other adult entertainment, as defined herein.
A. "Adult Bookstore" means any commercial establishment that offers for sale as a substantial or significant portion of its stock-in-trade videocassettes, movies, books, magazines or other periodicals, or other media that are distinguished or characterized by their emphasis on nudity or sexual conduct or on activities that, if presented in live presentation, would constitute adult entertainment.
B. "Adult Entertainment" means any 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" or "Movie House" (including Adult Mini-Theaters) means any movie theater that on a regular, continuing basis shows films rated X by the Motion Picture Coding Association of America or any movie theater that presents for public viewing on a regular, continuing basis so-called adult films constituting adult entertainment, as defined by this code.
(2) "Agriculture" means the keeping of livestock, poultry, or bees and cultivation of the soil, including the planting and harvesting of crops.
(3) "Agritourism Enterprise" means activities conducted on and accessory to an agricultural operation and offered to the public or to invited groups for the purpose of recreation, education, or active involvement in the farm operation. These activities must be directly related to agricultural or natural resources and incidental to the primary operation of the farm, and may include a brewery, cidery, mini-distillery, winery, and accompanying tasting facilities.
(4) "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.
(5) "Amphitheater" means an outdoor gathering space typically for entertainment that 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 band shell-type structure to provide weather protection to a stage.
(6) "Amusement and Recreation Center" means a business establishment, generally intended for use by all ages, that provides recreation or entertainment, including but not limited to swimming pools, dance halls, bowling alleys, skating rinks, billiard and pool halls, video and other coin-operated electronic games, miniature golf courses, indoor archery range, table games, trampolines, ball pits, and similar recreational diversions.
(7) "Animal Hospital/Veterinary Office" means an establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment, but excluding the treatment or other care of humans.
(8) "Automobile Car Wash" means the use of a site for washing and cleaning of automobiles, recreational vehicles, or other light duty equipment.
(9) "Bakery" means an establishment primarily engaged in the retail sale of baked goods for consumption off-site.
(10) "Bank/Financial Institution" means a bank, savings and loan, credit union, or other institution that provides retail banking services to individuals and businesses.
(11) "Bed and Breakfast Inn I" means a private residence in which overnight accommodations are provided for not more than five (5) transient paying guests in up to four (4) bedrooms at any particular time. The residence may or may not be occupied by the owner during the guests' overnight stay but is otherwise owner-occupied as defined herein.
(12) "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 particular time. The residence is occupied by the owner during the guests' overnight stay and is otherwise owner-occupied as defined herein.
(13) "Boat Livery" means the rental of canoes, kayaks, and similar small boats for recreational use.
(14) "Boat and Marine Sales/Service" means the sales, service, and repair of new and used boats, boat trailers, marine hardware, and related products
(15) "Brewery Pub" means a place of manufacture of nonintoxicating beer or nonintoxicating craft beer owned by a resident brewer as defined by the West Virginia Code, subject to federal and state regulations and guidelines, a portion of which premises may be designated for retail sales for consumption on the premises of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
(16) "Broadcasting Studio" means a structure housing the operation of 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.
(17) "Building Material Facility" means an establishment that sells home, lawn, garden supplies, tools and construction materials, such as brick, lumber, hardware, and other similar materials. Construction goods may be located in outdoor storage.
(18) "Bus and Transit Facilities" means a facility operated as a bus or rail passenger station or transfer center that may have a covered structure. Typical facilities may include station platforms, bus bays, off-street parking, private access roads, and other passenger amenities.
(19) "Bus and Transit Shelter" means a covered structure, located near a street and designed primarily for protection against the weather for bus or other transit passengers.
(20) "Café/Coffee Shop" means an establishment in which beverages, primarily coffee and tea; light meals; and snacks are served, provided no food shall require preparation utilizing an open flame or fryer, and provided the establishment does not exceed one thousand (1,000) square feet in gross floor area.
(21) "Catering Business" means the preparation and delivery of food and beverages for off-site consumption for a fee.
(22) "Cemetery/Mausoleum" means land used or intended to be used for the burial of human remains and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries and funeral homes when operated with and within the boundary of such cemetery.
(23) "Child Day Care Facility" is divided into four classes:
A. "Child Day Care Facility, Class 1" means 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" means a facility that is used to provide child care services for compensation for seven (7) to twelve (12) children, including children who are living in the household, who are under six (6) years of age. No more than four (4) of the total number of children may be under twenty-four (24) months of age. A facility may be in a provider's residence or a separate building.
C. "Child Day Care Facility, Class 3" means a facility that is used to provide child care services for compensation in a provider's residence. The provider may care for no more than six (6) children at one time including children who are living in the household, who are under six (6) years of age. No more than two (2) of the total number of children may be under twenty-four (24) months of age.
D. "Child Day Care Facility, Class 4" means residential child care services for compensation for three (3) or fewer children, including children who are living in the household, who are under six (6) 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.
(24) "Clinic" means an establishment providing medical, dental, chiropractic, psychiatric, substance abuse treatment, or surgical services exclusively on an outpatient basis, including emergency treatment and diagnostic services.
(25) "Community Facility" means a nonprofit facility, whether publicly or privately owned, with the primary goal to provide a community service.
(26) "Continuing Care Facility" means one or more of the following types of facilities:
A. "Adult Assisted Living" means 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.
B. "Nursing Home" means any institution, residence, or place, or any part or unit thereof, however named, that 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 that provides services for the rehabilitation of persons who are convalescing from illness or incapacitation.
C. "Skilled Nursing Facility" means 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.
(27) "Convenience Store" means a business establishment that offers convenience goods for sale, such as prepackaged or limited prepared food items, tobacco, and periodicals, but not displaying merchandise or products outdoors, except where such display is required to sell the merchandise. The use does not include the sale of gasoline unless combined with the gas station use.
(28) "Correctional Facility" means a publicly or privately operated facility housing persons awaiting trial, serving a sentence after being found guilty of a criminal offense, being within the jurisdiction of a federal, state, or local probation, parole, or corrections agency or receiving treatment other than at a hospital while under the jurisdiction of such authority or agency, including but not limited to jails, prisons, juvenile detention centers, work release centers, pre-release centers, and treatment centers.
(29) "Cultural Service" means a site used for the collection, display, or preservation of objects of community or cultural interests, such as a library, museum, or similar facility.
(30) "Distillery" means a state licensed Distillery establishment where in any year (as defined by WVABC) more than twenty thousand gallons of alcoholic liquor (not including wine or beer but including mead) is manufactured or in any way prepared; or, an establishment where in any year (as defined by WVABC) less than twenty thousand gallons of alcoholic liquor is manufactured but the facility cannot meet the requirements for locally produced (raw agricultural) ingredients for the production as defined in the "Mini Distillery" definition in this ordinance.
(31) "Distillery, Mini" means a state licensed Mini Distillery establishment where in any year (as defined by WVABC) no more than twenty thousand gallons of alcoholic liquor is manufactured with no less than twenty-five (25%) percent of raw agricultural products being produced by the owner of the mini-distillery on the premises of that establishment, and no more than twenty-five (25%) percent of raw agricultural products originating from any source outside this state.
(32) "Distribution Facility" means any premises, or part thereof, that provides logistical support for business, such as freight management, inventory control, storage, packaging, and consolidation of goods for distribution to be redistributed to retailers, wholesalers, or directly to the consumer.
(33) "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, and ancillary services. Overnight stays are not permitted in dog day care facilities unless the use is combined with a kennel.
(34) "Drive-in Theater" means a designated area where an outdoor movie screen may be viewed by persons from within their vehicles or from outdoor spaces. May include concessions, tables, and outdoor dining areas, and playgrounds.
(35) "Drive-through Facility" means the accessory use of land, buildings or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or automated machine, to persons remaining in motorized vehicles that are in a designated lane or parking spot. A drive-through facility may be in combination with other uses such as a laundry shop, dry cleaning shop, dry cleaner's distributing station, branch of a bank or financial institution, restaurant, retail store, automotive service station, or restaurant. Despite the above, a drive-through facility does not include a car washing establishment, automobile service station, or a gas station.
(36) "Dry Cleaner" means an establishment providing dry cleaning and laundering services where dry cleaning and laundering are done on the premises. Includes the mechanical cleaning of garments, clothing articles, or goods of fabric, including a linen, diaper, or uniform laundering service. May perform work on the premises for other dry cleaning and laundry services, serve retail customers, and provide ancillary services such as tailoring.
(37) "Dwelling, Accessory" and "Conversion Dwelling" means a portion of a single-family dwelling converted into two separate dwelling units within the principal structure or new or existing accessory structures.
(38) "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.
(39) "Dwelling, Multi-family" means a building containing three (3) or more dwelling units, including but not limited to apartments, townhomes, condominiums, and multiplexes.
(40) "Dwelling, Single-family" means a detached building designed for and occupied exclusively as a residence for only one (1) family or by two (2) families where accessory dwellings and conversion dwellings are permitted.
(41) "Dwelling, Two-family" means a detached building designed for and occupied exclusively as a residence by no more than two (2) families.
(42) "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.
(43) "Emergency Shelter" means a residential facility that provides room and board for a temporary period, protection, counseling, and pre-placement screening for abused, displaced, or transient adults or children.
(44) "Equipment Rental/Repair" means an establishment involved in renting or repairing small tools and equipment, including janitorial equipment.
(45) "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.
(46) "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.
(47) "Factory-built Home" means manufactured and mobile.
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.
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 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.
(48) "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, 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 their family.
(49) "Farm" means the raising of crops or livestock, including orchards, vineyards, or nurseries, along with any buildings or structures necessary to conduct such activities.
(50) “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.
(51) "Farmer's Market" means the offering for sale of agricultural products directly to the consumer at an open-air market designated as a community activity.
(52) "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.
(53) "Freight Terminal" means any premises and buildings where cargo is stored and where railroad cars or trucks load and unload cargo for shipment or distribution and that may include facilities for temporary storage of loads prior to shipment and facilities for the maintenance of transport vehicles.
(54) "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 or disposition of human remains; including cremation
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.
(55) "Garage, Commercial" means a garage conducted as a business, that includes but is not limited to the rental of storage space for more than two automobiles or for one commercial vehicle not owned by a person residing on the premises.
(56) "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.
(57) "Garden Center" means 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.
(58) "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. May also offer convenience goods for sale, such as prepackaged or limited prepared food items, tobacco, and periodicals, except that the term does not include display of merchandise or products outdoors except where such display is required to sell the merchandise.
(59) "Governmental Operations" include emergency services; federal, state, or municipal buildings; and post offices. Emergency services include areas utilized for the maintenance, fueling, storage, receiving, and dispatching calls or transmissions, or parking of vehicles or equipment providing rescue or ambulatory services.
(60) "Greenhouse, Commercial" means a building used for the growing of plants, all or part of which are sold at retail or wholesale.
(61) "Greenhouse, Noncommercial" means an accessory building or structure under one hundred and fifty (150) square feet in gross floor area, constructed chiefly of glass, glasslike, or translucent material, cloth, or lath, and devoted to the protection or cultivation of flowers or other weather-sensitive plants.
(62) "Group Residential Facility" means a facility that is owned, leased, or operated by a behavioral health service provider and that:
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 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 (3) supervisors;
C. Is licensed by the Department of Health and Human Resources; and
D. Complies with the State Fire Commission for residential facilities.
(63) "Group Residential Home" means a building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence. This includes a place for transitional group living arrangements for persons discharged from hospitals, correctional facilities, or in lieu of hospitalization, characterized by the presence of such live in staff, emphasizing the development of skills necessary for more independent living. The facility shall be licensed and operated in accordance with all applicable laws.
(64) "Health Club" means a building or portion of a building designed and equipped for sports, exercise, or other customary and usual recreational activities, operated 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.
(65) "Home-based Business" means an accessory use intended to allow commercial enterprises that generate limited numbers of customer visits or merchandise deliveries to a residential dwelling. Use involves limited 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 the use of a dwelling.
(66) "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.
(67) "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.
(68) "Incinerator" means 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.
(69) "Industrial Park" means an area of land arranged or constructed in accordance with a plan for a group of business purposes, having separate building sites designed and arranged on streets and having utility services, setbacks, side yards, and covenants or other such regulations controlling or restricting uses.
(70) "Kennel" means any establishment wherein cats and dogs are kept or boarded, registered under West Virginia Code §19-20-3. Business may be conducted in conjunction with a dog day care or veterinary clinic.
(71) "Laboratory" means a facility equipped for experimental study in a science or for testing and analysis; a facility providing opportunity for research, experimentation, observation, or practice in a field of study.
(72) "Liquor Store" means 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.
(73) "Lumberyard" means an establishment where processed wood timbers and products are stored for bulk and retail sale.
(74) "Manufacturing (Heavy)" means the manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of the manufacturing process.
(75) "Manufacturing (Light)" means the manufacturing, compounding, processing, assembling, packaging, printing, or testing of goods or equipment, including but not limited to newspaper printing and distribution and research activities conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans, and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust, or pollutants.
(76) "Marina" means 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.
(77) "Medical Adult Day Care Center" means an ambulatory health care facility that 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.
(78) "Medical Cannabis Dispensary" means a place where processed medical cannabis products are permitted to be sold to qualifying consumers, as provided for in the Code of the State of West Virginia, 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.
(79) "Medical Cannabis Growing Facility" means a place where medical cannabis is permitted to be grown, as provided for in the Code of the State of West Virginia, 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.
(80) "Medical 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 Code of the State of West Virginia, Chapter 16A, as amended.
(81) "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 Code of the State of West Virginia, 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.
(82) "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, a floor show, or dancing but is not characterized as a forum for sexually oriented material.
(83) "Off-premises, Freestanding Sign," means a commercial sign not accessory to or associated with the principal use on a lot or a sign that is the principal use of a lot, attached only to its own support structures consisting of one or more columns, uprights, or braces in or upon the ground, with at least eight (8) feet between the lowest component of the sign face and the ground beneath the sign.
(84) "Parcel Delivery Facility" means an establishment engaged in the delivery, receipt, and transmittal of documents, packages, and parcels.
(85) "Park" means land set aside for open space and recreational purposes.
(86) "Parking Lot" means a principal use consisting of an off-street surfaced area used for parking two (2) or more vehicles that is served by an entrance and possibly an access way connecting the parking lot and a public or private road, but does not include parking for a single-family or two-family dwelling.
(87) "Pawn Shop" means any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.
(88) "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, laundromats, and dry cleaning and laundering drop-off and pick-up services where dry cleaning and laundering are not done on the premises.
(89) "Pet Shop" means an establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public.
(90) "Pharmacy" means an establishment in which prescription or nonprescription drugs or devices are compounded, dispensed, or distributed. Ancillary retail items also may be sold.
(91) "Photographic Studio" means a retail establishment for the purpose of photographing subjects and processing photographs for commercial purposes, but not including photography requiring professional models.
(92) "Places of Worship/Religious Institution" means a building wherein persons regularly assemble for acts of religious devotion and that 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 places 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.
(93) "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.
(94) "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 and personal services.
(95) "Reception Facility" means a facility within an existing structure or outdoor area for hosting receptions or similar activities, limited only to weddings, wedding receptions, birthday events, anniversary events, reunion events, and family gatherings, and not involving charging admission or held primarily to view a performance.
(96) "Recreation, Private" means an enterprise operated by an individual or non profit association or corporation, other than a public entity, for the pursuit of sports and recreational activities, including but not limited to such establishments as country clubs, golf courses, sports clubs, golf practice facilities, playing fields, tennis or racquet clubs, swimming pools, canoe liveries, and similar facilities.
(97) "Recreation, Public" means 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, fishing access, golf courses, golf or batting practice facilities, tennis courts, swimming pools, and similar facilities.
(98) "Research and Development" means investigative activities a business conducts to improve existing products or services or to lead to the creation of new products and procedures 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.
(99) "Restaurant" means a commercial establishment with an equipped kitchen where food and beverages are prepared, served, and consumed primarily on the premises and where food sales constitute more than sixty percent (60%) of the gross sales receipts; or an establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready to consume individual servings, for consumption either within the restaurant building or for carry out.
(100) "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 equal at least eighty percent (80%) of the gross sales of the business. The use is divided into two classes based on gross floor area:
A. Retail Store/Small <10,000 feet of gross floor area.
B. Retail Store/Large >10,000 feet of gross floor area.
(101) "Roadside Vendor Stand" means a location, trailer, truck bed, or similar facilities offering agricultural products for sale that are not produced on the immediate premise.
(102) "School, Commercial" means an educational establishment to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to educational establishments that are owned and operated privately for profit.
(103) "School, Preschool to 12" means an educational establishment offering educational instruction between preschool through twelfth grade. Schools can be public or private, licensed in accordance with the West Virginia Code.
(104) "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.
(105) "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.
(106) "Shooting Range, Commercial Indoor" means an area within an enclosed building used for the discharge of firearms, such as rifles, shotguns, pistols, skeet, trap, black powder, or other similar items, provided that a fee is charged for use of the premises to discharge firearms. Gun clubs and other organizations that charge a monthly or annual membership fee or fee for one-time use shall be included in the definition of a commercial indoor shooting range regardless of whether the club is operated for profit.
(107) "Shooting Range, Commercial Outdoor" means an area of land designed for the discharge of firearms, such as rifles, shotguns, pistols, skeet, trap, black powder, or other similar items, provided that a fee is charged for use of the premises to discharge firearms. Gun clubs and other organizations that charge a monthly or annual membership fee or fee for one-time use are included in the definition of a commercial outdoor shooting range regardless of whether the club is operated for profit.
(108) "Shooting Range, Noncommercial Indoor" means an area within an enclosed building used for the discharge of firearms, such as rifles, shotguns, pistols, skeet, trap, black powder, or other similar items, for use by the property owner, family members, or persons authorized by the property owner on a noncommercial basis.
(109) "Shooting Range, Noncommercial Outdoor" means land designed for the discharge of firearms, such as rifles, shotguns, pistols, skeet, trap, black powder, or other similar items, for use by the landowner, family members, or persons authorized by the landowner on a noncommercial basis.
(110) "Shopping Center" means a group of retail and other commercial establishments that is planned, owned, and managed as a single property.
(111) "Solar Energy System" means an energy conversion system, including appurtenances, that 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 that can incidentally be sold to a utility company to be used by others, or sold directly to other users.
A. "Large solar energy system" means 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.
B. "Small solar energy system, roof-mounted" means solar energy systems placed on or as an integral part of a single building and installed for personal use in residences, commercial properties, and institutions.
C. “Small solar energy system, ground-mounted" means solar energy systems placed on top of the ground surface and installed for personal use in residences, commercial properties, and institutions.
(112) “Solid Waste Disposal Areas/Facility" means any system, facility, land, contiguous land, improvements on the land, structures, or other appurtenances or methods used for processing, recycling, or disposing of solid waste, including landfills, transfer stations, materials recovery facilities, mixed waste processing facilities, sewage sludge processing facilities, commercial composting facilities, recycling facilities, and other such facilities not herein specified, but not including land upon which sewage sludge is applied in accordance with the West Virginia Code. Such facility is situated in the City or county where the majority of the spatial area of such facility is located.
(113) "Sports Arena" means a central stage, ring, area, or the like, used for sports and surrounded by seats for spectators.
(114) "Stormwater and Bioretention Facilities" means a parcel of land used for stormwater management, commonly referred to as a rain garden, by promoting infiltration of stormwater to reduce its volume, improve its quality, and increase groundwater recharge. The facility is usually created with shallow depressions in impervious land that receive stormwater from nearby surfaces, commonly impervious.
(115) "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 otherwise creating art; or for the display or sale of art in general or during special events. Food and alcoholic beverages may be served and fees charged as accessory uses during special events.
(116) "Tattoo Parlor/Body Piercing Studio" means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or both of the following:
A. Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin;
B. Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
(117) "Tavern/Drinking Establishment/Bar" means an establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises and that may offer food for consumption on premises as an ancillary use.
(118) "Theater" means a building or part of a building devoted to presenting motion pictures or live performances.
(119) "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.
(120) "Truck Terminal" means a facility where freight is unloaded from interstate trucks or intermodal trailers and containers carried on the railroad and loaded onto local delivery trucks.
(121) "Urban Agriculture" means an accessory use involving land used for beekeeping, community gardens, and other small-scale agricultural activities.
(122) "Vehicle Repair/Service/Sales/Rental" 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.
(123) "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 West Virginia Code, but excluding establishments that only sell lottery tickets.
(124) "Warehouse" means 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.
(125) "Wholesale Establishment" means 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.
(126) "Wind Energy System" means any electric generation facility whose main purpose is to convert and store wind energy into usable forms of energy; includes wind turbines, structural supports, electrical infrastructure, and other appurtenant structures and facilities. Consisting of a maximum of one (1) wind turbine per parcel of land.
(127) "Winery" means an establishment where wine is manufactured or in any way prepared in accordance with the West Virginia Code.
(128) "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.
(129) "Wireless Telecommunications Facility, Small Cells" or "Small wireless facility" 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.
(Ord. 319. Passed 6-18-24.)