(a) Unless otherwise expressly stated, the following words shall, for the purpose of this ordinance, be defined as follows:
(1) “Abandonment" means the relinquishment of property or a cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or without any intention to resume a nonconforming use of the property for a period of one (1) year.
(2) "Access way" means a private vehicular facility for townhomes, multi-family dwellings, and condominiums, serving more than four (4) dwelling units, and commercial developments that extends from the curb line extended of a public or private road to the parking lot.
(3) "Accessory Structure" or "Accessory Building" means a structure or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure, including but not limited to signs, swimming pools, piers and other water related structures, parking, fences, gazebos, satellite dishes, doghouses and dog-related structures, noncommercial greenhouses, sheds, and private garages.
(4) "Accessory Use" means a use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, including but not limited to home-based businesses.
(5) "Aggrieved or Aggrieved Person" means 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 municipality may suffer.
(6) “Agricultural Operation" means an enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock, and livestock products and in the production, harvesting, and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
(7) “Agritourism" means the practice of combining tourism and agriculture. It is a type of commercial enterprise that combines agricultural production or processing with tourism in order to attract visitors onto a farm or other agricultural enterprise for the purposes of entertaining or educating the visitors and generating income for the farm or agricultural based business owner. It is accessory to an active principal agricultural operation. (Separate definition for breweries, wineries, and distilleries.)
(8) "Alley" means a service roadway less than twenty (20) feet providing a secondary means of access to abutting property and not intended for general traffic circulation.
(9) "Alteration" means any change, addition, or modification in construction or occupancy of an existing structure.
(10) "Alternative support structure" means man-made trees, clock towers, steeples, light poles, flag poles, power transmission towers, buildings, signs, and similar alternative design mounting structures that partially or fully camouflage or conceal the presence of antennas or towers.
(11) "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
(12) "Antenna Support Structure" means any building or structure other than a tower which can be used for location of telecommunications facilities.
(13) "Automobile" means a road vehicle, typically with four (4) wheels, able to carry a small number of people.
(14) "Basement" means a story having one half (0.5) or more of its clear height below grade.
(15) "Base station" means the structure or equipment at a fixed location that enables wireless telecommunications licensed or authorized by the FCC, between user equipment and a communications network.
A. Includes, but is not limited to, equipment associated with wireless telecommunications services, such as private, broadcast, and public safety services, as well as unlicensed wireless telecommunication services and fixed wireless telecommunication services, such as microwave backhaul.
B. Includes, but is not limited to, radio transceivers, antennas affixed to the base station, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
C. Includes any structure other than a tower that, at the time an eligible facilities modification application is filed with the City of Lewisburg, supports or houses equipment described in subsections (a)(15)A. and B. above, and that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
D. Does not include any structure that, at the time a completed eligible facilities modification application is filed with the City of Lewisburg under this Article, does not support or house equipment described in subsections (a)(15)A. and B. above.
E. The term does not encompass a "tower" or any equipment associated with a tower.
(16) "Board" or "Board of Zoning Appeals" means the officially constituted body appointed to carry out duties and responsibilities in accordance with the West Virginia Code, Chapter 8A, Article 8, et seq., as amended.
(17) "Bollard" means a short, vertical, and permanent post, usually ornamental in nature, used to inhibit trespass by persons or vehicles, or to prevent encroachment onto private property or other defined space.
(18) "Brewery" means a state licensed establishment where intoxicating or nonintoxicating beer is manufactured or in any way prepared and may include a tasting facility as define in this ordinance. Facilities are subject to federal, state, and local regulations and guidelines.
(19) "Building" means any structure having enclosing walls and roofs and requiring a permanent location on the land.
A. "Building Frontage" means the length of the main wall of a building that physically encloses usable interior space and that is the architecturally designed wall that contains the main entrance for use by the general public. Said frontage is measured at a height of ten (10) feet above grade.
B. "Building, Height of" means the vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the coping of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of gable, hip, or gambrel roof.
(20) “Building Setback Line" means a line establishing the minimum allowable distance between the nearest part of any principal building, including decks, patios, covered porches, steps, and landings exceeding twenty-four (24) square feet, but excluding eaves, overhangs, bay windows, sills, belt courses, cornices, and ornamental features not exceeding two (2) feet in width, to the nearest edge of a street right-of-way, property line, or easement line, when measured perpendicular thereto.
(21) "Camouflage" or "conceal" or "concealment" or "stealth" means having similar design and coloration features as the surrounding environment, utility pole, or building.
(22) "Centerline" means an imaginary line running parallel to street or easement right-of-way lines and equidistant from the lines on each side of the street or easement, or a line following the center of a physical feature such as a stream.
(23) "Cidery" means a state licensed establishment where intoxicating or nonintoxicating cider is manufactured or in any way prepared for commercial (not solely personal) use. These establishments are licensed under the winery provisions by the WVABC.
(24) "City of Lewisburg utility pole" means a utility pole owned or operated by the City of Lewisburg in a public right-of-way.
(25) "Collapse Zone" means an area where a tower may collapse based on the site and design specifications and which is certified and stamped by an engineer licensed in the State of West Virginia.
(26) "Collocate" or "collocation" means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.
(27) "Communications facilities" means the set of equipment and network components, including wires, cables, antennas, and associated facilities, used by a communications service provider to provide communications service.
(28) "Communications service" means cable service, as defined in 47 U.S.C. § 522(6), as amended; information service, as defined in 47 U.S.C. § 153(24), as amended; telecommunications service, as defined in 47 U.S.C. § 153(53), as amended; mobile service, as defined in 47 U.S.C. § 153(33), as amended; or wireless service other than mobile service.
(29) "Communications service provider" means any entity that provides communications service.
(30) "Compact Parking Stall" an off-street space available for parking of one (1) automobile and having an area not less than eight (8) feet in width by eighteen (18) feet in depth and an area exclusive of passageways, access ways, and driveways appurtenant thereto, and having a means to direct access to a street or road.
(31) "Comprehensive Plan" means the comprehensive plan for the City of Lewisburg.
(32) "Conceal" or "Concealment" means when an antenna, small wireless facility, decorative pole, utility pole, or related equipment are designed to look like a feature other than a small wireless facility and which has similar design and coloration features as the surrounding environment.
(33) "Conditional Use" means a use that because of special requirements or characteristics may be permitted in a particular zoning district only after review by the board of zoning appeals and upon issuance of a conditional use permit, and subject to the limitations and conditions specified in this code.
(34) "County" means Greenbrier County, West Virginia.
(35) "Day" means a calendar day. When computing any period of time prescribed by any applicable provision of this Ordinance, the day of the act, event, default, or omission from which the applicable period begins to run is not included. The last day of the period so computed is included, unless it is a Saturday, a Sunday, a legal holiday, or a designated day off, in which event the prescribed period of time runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or designated day off.
(36) "Decibels on the a-weighted network" or "dBA" means decibels measured on the a-weighted network of a sound level meter.
(37) "Decorative pole" means a City of Lewisburg utility pole that is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than a small wireless facility, specially designed informational or directional signage, or temporary holiday or special event attachments have been placed, or are permitted to be placed, according to nondiscriminatory municipal rules or codes.
(38) "Designated Scenic Resources" means a specific location, view or corridor identified as a scenic resource in the comprehensive plan or by a local, state, or federal agency or government and consists of:
A. A three dimensional area extending out from a particular viewpoint on a public right of way, within a public recreational area, or within a component of a state or national park system, focusing on a single object, such as a mountain, resulting in a narrow corridor, or a group of objects, such as a downtown skyline or mountain range, resulting in a panoramic view corridor; or
B. Lateral terrain features such as valley sides or woodland as observed to either side of the observer, constraining the view into a narrow or particular field, as seen from a viewpoint on a public right of way, within a public recreational area or within a component of a state or national park system.
(39) "Driveway" means privately owned vehicular access from a street to properties abutting the street and serving no more than four dwelling units.
(40) "Dwelling" means a house, apartment building, or other building designed or used primarily for human habitation, but not including bed and breakfast inns, motels, hotels, or other structures designed for transient residence.
(41) "Dwelling Unit" means any dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities.
(42) "Eligible facilities request" means a request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving: collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment.
(43) "Eligible support structure" means any tower or base station, provided that such tower or base station is in existence at the time the eligible facilities request application is filed with the City of Lewisburg.
(44) "Equipment cabinet" means an enclosure, room, shelter, structure, or building used to encapsulate, enclose, contain or otherwise support equipment associated with a wireless telecommunication facility.
(45) "Existing tower or base station" means a lawfully constructed tower or base station approved under the applicable zoning and siting process of the City of Lewisburg, approved under another state or local regulatory review process, or permitted to continue to operate as a nonconforming use.
(46) "Existing Use" means 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.
(47) "FAA" means the Federal Aviation Administration, or its lawful successor.
(48) “Family" means an individual or two (2) or more persons related by blood, marriage, adoption, or foster relationship, or no more than three (3) unrelated individuals and individuals related by blood, marriage, adoption, or foster relationship to any of those three (3) unrelated individuals, living together as a single, permanent, and stable nonprofit housekeeping unit and sharing common living, dining, and kitchen areas, subject to the requirements of the Building Code.
(49) "FCC" means the Federal Communications Commission of the United States.
(50) "Fee" means a one-time, nonrecurring charge.
(51) "Fence" means an artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate an area.
(52) "Floor Area, Gross" means the total area of a building measured by taking the outside dimensions of the building at each floor level.
(53) "Front Building Line" means a line parallel to the front lot line, at a distance measured perpendicular therefrom as prescribed in this code for a required yard. Where there is no required yard, the lot line is the front building line.
(54) "Garage Sale" means a temporary use involving 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 sales include, but are 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.
(55) “Height" for the purposes of wireless telecommunications facilities means the vertical distance measured from the base of the alternative support structure at grade to the highest point of the structure, including any antennas. Measurement of tower height includes antenna, base pad, and other appurtenances and is measured from the finished grade of the facility site. If the tower is located on a sloped grade, then the average between the highest and lowest grades immediately surrounding the perimeter of the tower base is used in calculating the antenna height. The highest point excludes farm building components, flagpoles, chimneys, ventilators, skylights, domes, water towers, bell towers, church spires, processing towers, tanks, bulkheads, or other building accessory features usually erected at a height greater than the main roofs of buildings.
(56) "Historic District" means a geographically definable area, designated as historic on a national, state, or local register, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.
(57) “Historic Landmark" means a site, building, structure, or object designated as historic on a national, state, or local register.
(58) "Historic Site" means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure and designated as historic on a national, state, or local register.
(59) "Landscaping" means the bringing of the soil surface to a smooth finished grade, installing trees, shrubs, ground cover, grass, and similar vegetation to soften building lines, provide shade, and generally produce a pleasing visual effect of the premises.
(60) "Loading Space" means an area or berth available for the loading or unloading of goods from commercial vehicles.
(61) "Lot" means a parcel of land with boundaries established by some legal instrument, such as a recorded deed or a recorded map, and that is recognized as a separate legal entity for purposes of transfer of title, together with the customary accessories and open spaces belonging to the same.
(62) "Lot, Corner" means a lot at the junction of and abutting two or more intersecting streets.
(63) "Lot, Interior" means a lot other than a corner lot with only one frontage on a street.
(64) "Lot, Flag" means a lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway, or "handle."
(65) "Lot, Irregular" means a lot of such shape or configuration that technically meets the area, frontage, and width-to-depth requirements of the ordinance but has unusual elongations, angles, and curvilinear lines.
(66) "Lot Line" means the property boundary line of any lot held in single or joint ownership that divides one lot from another or from a street or any other public or private space.
A. "Front Lot Line" means, in the case of an interior lot, a line separating the lot from the street or public right-of-way; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.
B. "Rear Lot Line" means a lot line that is opposite and more distant from the front lot line, except corner lots have no rear lot line. In the case of an irregular lot, a line ten feet in length within the lot and parallel to and at the maximum distance from the front lot line.
C. "Side Lot Line" means any lot line other than a front or rear lot line.
(67) "Lot, Through" or "Double Frontage" or "Reverse Frontage" means a lot other than a corner lot facing on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
(68) "Lot Width" means 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 is measured between such side lot line and the opposite rear lot lines or street line.
(69) "Medical Cannabis Organization" means a dispensary, grower, or processor. The 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.
(70) "Micro wireless facility" means a small wireless facility that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, that is no longer than eleven (11) inches.
(71) "Mineral" means gas, oil, coal, other gaseous and solid hydrocarbons, oil shale, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resource, or any other substance defined as a mineral by the West Virginia Code.
(72) "Modification" or "Modify" means the physical change to any existing wireless telecommunications tower or base station that may or may not be related to an eligible facilities request and that involves collocation of new transmission equipment; removal of transmission equipment; replacement of transmission equipment; or any expansion of wireless telecommunication tower or base station.
(73) "Nonconforming Building" or "Nonconforming Structure" means a building or structure lawfully constructed and not otherwise abandoned, existing on the effective date of this code, on the effective date of any amendment thereto, or prior to annexation, that renders such building or structure illegal within a district, or not complying in any fashion with any of the rules, requirements, and regulations of this code or any amendments thereto.
(74) "Nonconforming Lot" means a lot or parcel of land that was of record and lawfully established and maintained but that, because of the enactment of this code, no longer conforms to the land use standards or use regulations of the district in which it is located.
(75) "Nonconforming Sign" means any sign that was lawfully erected, maintained, and existing on the effective date of this code, on the effective date of any amendment thereto, or prior to annexation, that renders such existing sign illegal within a district, or not complying in any fashion with any of the rules, requirements, and regulations of this code or any amendments thereto, or any sign that is accessory to a nonconforming use.
(76) “Nonconforming Use" means any actual and active use lawfully being made of any land, building, or structure not otherwise abandoned, existing on the effective date of this code, on the effective date of any amendment thereto, or prior to annexation, that renders such existing use illegal within a district, or not complying in any fashion with any of the rules, requirements, and regulations of this code or any amendments thereto.
(77) "Nonintoxicating Beer" means all natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale, and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect, containing at least one half of one (0.5%) percent alcohol by volume, but not more than nine and six-tenths (9.6) of alcohol by weight, or twelve (12%) percent by volume, whichever is greater.
(78) "Open Space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
(79) "Owner" means any individual, firm, association, syndicate, estate, corporation, trust, or any other legal entity having proprietary interest in the land.
(80) "Owner occupied" means a person who maintains his or her principal residence by being physically present and spending the night on the property for more than one hundred and eighty (180) nights of each calendar year and who is:
A. The sole owner of record of the property, as reflected in a deed recorded in the County Clerk's Office;
B. A tenant in common, tenant by the entirety or joint tenant with right of survivorship, as reflected in a deed recorded in the County Clerk's Office; or
C. An owner of at least twenty-five (25%) percent of a business entity shown as the owner of record, as reflected in a deed recorded in the County Clerk's office. The ownership interest shall be shown by a duly executed resolution of the business entity, or such other method as determined by the Zoning Officer.
(81) "Parallel Parking Stall" means an off-street space available for parking of one (1) automobile and having an area not less than eight (8) feet by twenty-two (22) feet and an area exclusive of passageways, access ways, and driveways appurtenant thereto, and having a means to direct access to a street or road.
(82) "Parking Stall" means an off-street space available for parking one (1) automobile and having an area not less than nine (9) feet by twenty (20) feet and an area exclusive of passageways, access ways, and driveways appurtenant thereto, and having a means to direct access to a street or road.
(83) "Patio" means an area consisting of natural or man-made material constructed at or near grade level, intended for use as an outdoor living area, and not enclosed by a permanent roof or awning.
(84) "Porch" means a covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes.
(85) "Permitted Use" means any use allowed within a zoning district, subject to the restrictions applicable to that zoning district; not a conditional use.
(86) "Personal wireless telecommunication services" means commercial mobile services, unlicensed wireless telecommunication services, and common carrier wireless telecommunication exchange access services.
(87) "Planned Development" means a mixed-use development that includes significant amounts of commercial and residential uses while allowing variation in lot sizes, including deviation from the requirements set forth in this ordinance; promoting more economic subdivision layout; encouraging a variety in types of residential dwellings; and preserving open spaces, tree cover, scenic vistas, hillsides, natural drainageways, and other features of natural topography.
(88) "Principal Building" or "Principal Structure" means a building or structure in which is conducted the principal use of the site or lot on which it is situated. In all residential districts, a dwelling is the principal building on the lot on which it is located.
(89) "Principal Use" means the primary function of an individual, group of individuals, household, establishment, institution, or other entity.
(90) "Public Area" means any public place, public right-of-way, any parking area or right-of-way open to use by the general public, or any navigable body of water.
(91) "Right-of-way (R-O-W)" means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another similar use.
(92) "Satellite Signal Receiving Station" means devices commonly parabolic in shape, mounted at a fixed point on a structure, or on rooftops, for the purpose of capturing electronic television or internet signals transmitted via satellite communication facilities and serving the same or similar function as the common television antenna. Such devices are accessory structures.
(93) "Screening" means 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 adjoining land uses.
(94) "Setback" means the minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
A. "Front Setback" means the shortest distance between the building setback line and the front lot line.
B. "Rear Setback" means the shortest distance between the building setback line and the rear lot line.
C. "Side Setback" means the shortest distance between the building setback line and the side lot line.
(95) "Sign" means any device (writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant, or any other device, figure or character, or delineation) with the essential purpose to communicate, designed to communicate, or where context results in communication, and such communication is aimed at persons in a public right-of-way.
A. "A-frame Sign" means a two-faced sign with supports that are connected at the top and separated at the base with an internal angle between the two faces of no more than a forty-five (45) degree angle, forming an "A" shape not more than four (4) feet high. These are also referred to as "sandwich board" signs.
B. "Animated Sign" or "Moving Sign" means a sign or part of a sign that is designed to rotate, move, or appear to rotate or move. Animated signs include signs with moving graphic features such as scrolling text or images that appear to move; moving sign change features such as fly-in, wipe-off, fading, dissolving, traveling, or expanding displays or any other full message sign change taking longer than three tenths (0.3) of a second; and static electronic message displays displayed less than seven (7) seconds. Animated signs also include signs propelled by vehicle, watercraft, or aircraft where the primary purpose of the vehicle, watercraft, or aircraft at the time of sign display is to propel the sign.
C. "Awning Sign" or "Canopy Sign" means a sign placed directly on the surface of an awning or to a canopy, that is 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.
D. "Banner" means a sign of flexible material affixed to a framework or flat surface. Banners are not flags for purposes of this ordinance.
E. "Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; includes any light with one or more beams that rotate or move.
F. "Chalkboard Sign" means a single-faced, framed slate, or chalkboard that can be written on with chalk or similar markers.
G. "Changeable Copy Sign" means a sign or part of a sign that is designed so that characters, letters, or illustrations can be manually or physically changed or rearranged without altering the face or surface of the sign.
H. "Electronic message display" means a sign that is either light emitting or light reflective and that is capable of changing the displayed message through electronic programming. Electronic message displays are divided into four categories:
i. "Static electronic message display" means an electronic message display that is not an animated sign.
ii. "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.
iii. "Electronic message display, partially animated" means an electronic message display with animated or moving text or graphics.
iv. "Electronic message display, fully animated" means an electronic message display with full animation features.
I. "Feather Sign/Feather Flag/Teardrop Flag/Wind Flag" means a lightweight, portable flag made of cloth, plastic, or similar material mounted along one edge on a single, vertical, flexible pole, the physical structure of which may resemble a sail, bow, or teardrop.
J. "Flag" means a piece of cloth or similar material, typically oblong or rectangular, attachable by one edge to a pole or rope.
K. "Flashing Sign" means a sign that includes lights that flash, blink, turn on and off intermittently, or otherwise vary light intensity during the display of a message.
L. "Freestanding Sign" means a sign 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.
M. "Geological signs" are signs made of or that appear to be made of geological formations, including but not limited to standalone rocks or mountainsides, and convey a message that is etched, carved, painted, or similarly incorporated into the sign's material.
N. “Illegal sign" means any sign erected without obtaining a required permit or that otherwise does not comply with any provision of this code.
O. "Inflatable/tethered signs" are signs that are filled with a gaseous substance to convey a message or to draw attention to a message or location.
P. "Marquee Sign" means a sign attached to and made a part of a marquee or any similar projections from a building, with changeable, fixed, or both types of lettering in use.
Q. "Minor Sign" means a sign not exceeding two (2) square feet in area, not exceeding four (4) feet in height, and not illuminated.
R. "Monument Sign" means a sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another, with less than five (5) feet between the lowest component of the sign face and the ground beneath the sign. Monument signs may contain changeable copy components.
S. "Neon Sign" means a sign containing exposed tubes filled with light-emitting gas.
T. "Off-premises 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.
U. "Pennant" means a geometric shaped flag made of flexible materials, suspended from one or two corners fastened to a string, which is secured or tethered so as to allow movement and used as an attention-getting form of media.
V. "Person-assisted Sign" means an individual who is paid to hold, move, wear, or otherwise direct attention to a commercial sign.
W. "Projecting sign" means a sign attached to and projecting more than twelve (12) inches from the face of a wall or building, but does not project above the parapet or eave line of the building and is a minimum of eight (8) feet above any walking surface.
X. "Roof Sign" means a sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.
Y. "Temporary Sign" means any sign intended to be displayed for a limited period of time.
Z. "Topiary Sign" means a sign constructed of perennial plants by clipping or otherwise shaping the foliage and twigs.
AA. "Vehicle or Trailer Sign" means any sign attached to or displayed on a vehicle, if the vehicle or trailer is used primarily for displaying a commercial message and 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.
BB. "Wall Sign" means any sign, inscription, artwork, figure, marking, or design that is attached, painted, drawn, marked, etched, or scratched onto a wall or against a flat vertical exterior surface of a structure, including portions of doors that do not contain windows.
CC. "Wicket Sign" means a sign with an H- or U-shaped frame that is put into the ground or placed above the ground.
DD. "Window Sign" means any sign visible outside the window, including windows on doors, and attached to or within eighteen (18) inches in front of or behind the surface of a window or door.
(96) "Sign Face" means the portion of a sign structure bearing the message.
(97) "Sign Structure" means any structure bearing a sign face.
(98) "Site" means the current boundaries of the leased or owned property surrounding the tower and base station and any access or utility easements currently related to the site; and, for other eligible support structures, means that area in proximity to the structure and to other transmission equipment already deployed on the ground. This term does not apply to towers or base stations in public rights-of-way.
(99) "Small cell network" means a collection of interrelated small wireless telecommunication facilities designed to deliver personal wireless telecommunication services.
(100) "Small wireless facility" or "Wireless Telecommunications Facility, Small Cells" means a wireless facility that meets both of the following qualifications: each antenna does not exceed six (6) cubic feet; and all other wireless equipment associated with the facility is cumulatively no more than twenty-eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and communications services.
(101) "Special Flood Hazard Area" means the area that will be inundated by the flood event having a one percent (1%) chance of being equaled or exceeded in any given year. The one percent (1%) annual chance flood is also referred to as the base flood or 100-year flood.
(102) "Specified Anatomical Areas" or "nudity" means less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola, or human male genitals in a discernible turgid state, even if completely and opaquely covered.
(103) "Spectrum Act" means the "Middle Class Tax Relief and Job Creation Act of 2012" (Public Law 112-96; codified at 47 U.S.C. § 1455(a)).
(104) "Stealth, Technology" means telecommunications facilities that are designed to be compatible with the surroundings and that camouflage or partially conceal the presence of telecommunications towers and facilities, including telecommunication facilities erected on alternative structures such as ballfield light poles, electric utility poles, water towers, and similar existing structures.
(105) "Street" means a dedicated and accepted public right-of-way for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land place, or however otherwise designated.
(107) “Surety" means a financial guaranty that the activities proposed in the application are made as planned. If activities are not made by the applicant, the local government can use surety funds to complete the work as planned or return the land to its original state. Includes but is not limited to performance bonds, cash in escrow, a letter of credit, and similar collateral.
(108) "Targeted market coverage area" means the area which is targeted to be served by the wireless telecommunications facility proposed in an application.
(109) "Tasting Facility" means an area of a winery, brewery, or distillery where complimentary samples of a beverage are served on the premises of manufacture, in moderate quantities for tasting.
(110) "Telecommunications Tower" means 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.
(111) "Tower" means any structure capable of supporting any antennas affixed to the tower and their associated facilities, licensed or authorized by the FCC, and constructed for the sole or primary purpose of supporting wireless telecommunications facilities.
(112) "Trailer, Camping and Recreational Equipment" means travel trailers, pickup coaches, motorized homes and recreational vehicles and equipment as follows:
A. "Travel Trailer" means a portable structure built on a chassis, designed to be towed and used as a temporary dwelling for travel, recreational, and vacation purposes, and permanently identified as a travel trailer by the manufacturer of the trailer.
B. "Pickup Coach" means a structure designed primarily to be mounted on a pickup or other truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, and vacation purposes.
C. "Motorized Home" means portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
D. "Boat" means a vessel designed to travel on water.
E. "Utility Trailer" means a portable structure built on a chassis, designed to be towed and used for the purposes of hauling a boat, lawnmower, farm equipment, recreational equipment, or similar equipment, measuring not more than sixteen (16) feet in length, and not used primarily for commercial purposes.
(113) "Transmission equipment" means equipment that facilitates transmission for any wireless telecommunication service licensed or authorized by the FCC, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.
(114) "Unit of Government" means any federal, state, regional, county, or municipal government or governmental agency.
(115) "Use" means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation performed in a building or other structure, or on a tract of land.
(116) “Utility" means a public or private distribution service to the public that is regulated by the public service commission.
(117) "Utility pole" means a pole or similar structure that is or may be used, in whole or in part, by a communication services provider or for electric distribution, lighting, traffic control, signage (if the pole is fifteen (15) feet or taller), or a similar function, or for the collocation of small wireless facilities. However, "utility pole" does not include wireless support structures or electric transmission structures.
(118) "Variance" means a deviation from the minimum standards of this code, but not permitting land uses that are otherwise prohibited in the zoning district or changing the zoning classifications of a parcel of land.
(119) "Vehicle" means any device in, upon, or by which any person or property is or may be transported or drawn upon a street, including automobiles, and excepting tractors, agricultural machinery, devices moved by human power or used upon stationary rails or tracks.
(120) "Vertically Integrated Health Care System" means a health delivery system in which the complete spectrum of care, including primary and specialty care, hospitalization and pharmaceutical care, is provided within a single organization.
(121) "Viewpoint" means a location identified either in the City of Lewisburg comprehensive plan or by a federal or state agency and which serves as the basis for the location and determination of a designated scenic resource.
(122) "Wireless infrastructure provider" means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles, but that is not a wireless provider.
(123) "Wireless provider" means a wireless infrastructure provider or a wireless service provider.
(124) "Wireless services" means any services, using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile location, provided to the public using wireless facilities.
(125) "Wireless service provider" means a person who provides wireless services.
(126) "Wireless support structure" means a structure, such as a monopole; tower, either guyed or self-supporting; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include a utility pole.
(127) "Wireline backhaul facility" is a facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
(128) "Yard" means open space that lays between the principal building or structure and the nearest lot line. Yards are further classified as front, rear, and side:
A. "Yard, Front" means a space extending the full width of the lot between the architectural front of the principal building or structure and the front lot line.
B. "Yard, Rear" means a space extending the full width of the lot between the architectural rear of the principal building or structure and the rear lot line.
C. "Yard, Side" means a space extending from the front yard to the rear yard between the principal building façade and the side lot line.
(129) “Zoning" means the division of a municipality or county into districts or zones that specify permitted and conditional uses and development standards for real property within the districts or zones.
(130) "Zoning Officer" means the person designated by the City of Lewisburg through the Board of Zoning Appeals to administer and enforce the provisions of this code.
(Ord. 319. Passed 6-18-24.)