The following words and phrases, when used in this Ordinance shall for the purpose of this Ordinance, have the meanings respectively ascribed to them in this article, except where the context requires otherwise.
(1) Abandonment. The voluntary evacuation of a use for a continuous period of at least six (6) months, either by completely or partly vacating the lot or structure where said use is conducted. Also called discontinuance.
(2) Accessory Structure. A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. (see diagram below.)
(3) Accessory Use. A use conducted on the same lot as the principal use which is clearly incidental to and customarily found in connection with a principal building or use, and which is subordinate in extent or purpose to the principal building or use. (see diagram below.)
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(Passed 2-15-94)
(4) Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images of displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
(5) Adult Bookstore or Adult Video Store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; and
B. Instruments, devices, or paraphernalia that is designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as ADULT BOOKSTORE or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishments from being categorized as and ADULT BOOKSTORE or ADULT VIDEO STORE so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas." A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
(6) Adult Cabaret means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
A. Persons who appear in a state of semi-nudity; or
B. Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
C. Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities' or "specified anatomical areas"; or
D. Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
(7) Adult Motel means a hotel, motel or similar commercial establishment that:
A. Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or
B. Offers a sleeping room for rent for a period of time that is less than twenty-four (24) hours; and
C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twenty-four (24) hours.
(8) Adult Motion Picture Theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(9) Adult Theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(Ord. 141-A. Passed 2-18-03.)
(10) Agricultural operation. The production or keeping, for sale, lease or personal use, of plants and animals, including but not limited to crops, livestock, poultry, dairy animals and products, and including breeding and grazing.
(11) Apartment. See Dwelling, multifamily.
(12) Bed and Breakfast Inn. An owner occupied house or portion thereof, where short term lodging is provided. Bed and Breakfast establishments are considered home occupations when offering no more than two bedrooms per night for public accommodation.
(13) Boarding and Rooming House. A dwelling or part thereof in which lodging is provided by the owner or operator to three or more boarders.
(14) Building. Any structure designed to be used as a place of occupancy, storage or shelter.
(15) Building, Accessory. A minor building that is located on the same lot as the principal building and that is incidental to the principal building or houses an accessory use. See also Accessory Structure.
(16) Building, Principal. The primary building on a lot, or a building that houses a principal use.
(17) Building Frontage. The maximum horizontal width of the ground floor of a building that approximately parallels and faces an adjacent public right of way. In the case of a building where an individual occupant would have no building frontage, the maximum horizontal width of the portion of the building where the occupant's main entrance is located shall be considered that occupant's separate and distinct building frontage. In the case where the ground floor of a building is occupied by two (2) or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage. Corner lots shall be considered to have only one distinct and separate building frontage.
(18) Building Line. The line which establishes the minimum depth of required front yards for a zoning district as measured from the right of way line of the abutting street. (see illustration under accessory use.)
(19) Cemetery. A place for burying the dead.
(20) Child Care Home. A private residence where care, protection and supervision are provided, for a fee, at least twice a week to no more than six (6) children at one time, including children of the adult provider.
(21) Child Care Center. A building or home where care, protection and supervision are provided for more than six (6) children on a regular schedule.
(22) City. The City of Lewisburg.
(23) Commission. The Planning Commission for the City of Lewisburg.
(24) Conditional Use Permit. A permit issued by the City Council that authorizes the recipient to make use of the property in accordance with requirements of this Ordinance as well as other requirements imposed by the Council.
(25) Council. The City Council of the City of Lewisburg.
(26) Dwelling Unit. A building or portion thereof that provides living facilities for one family.
(26.1) Dwelling, Mixed Use. A building containing residential uses with commercial and /or office uses on the ground floor of the building facing the primary street frontage. Residential units cannot be on the ground floor, but can be accessed from any portion of the building that faces the primary street.
(Ord. 271. Passed 4-18-17.)
(27) Dwelling, Modular. A dwelling unit constructed in accordance with standards set forth in the City and State building codes applicable to site built homes, comprised of components substantially assembled in a manufacturing plant and transported to the site for final assembly on a permanent foundation.
(28) Dwelling, Multifamily. A building or portion thereof used for occupancy by three (3) or more families living independent of each other and containing three (3) or more dwelling units.
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(29) Dwelling, Single family Attached. A building containing dwelling units, each of which has a primary ground floor access to the outside and which are attached to each other by party or common walls without openings. The term is intended primarily for dwelling types such as townhouses and row housing.
(30) Dwelling, Single family Detached. A residential building containing not more than one dwelling unit located on a lot containing no other dwelling units.
(31) Dwelling, Two family. A structure on a single lot containing two dwelling units, also called a duplex. (Passed 2-15-94.)
(32) Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(33) Escort Agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(Ord. 141-A. Passed 2-18-03.)
(34) Family. Two or more persons related by blood, marriage, or legal adoption, or not more than four unrelated persons, occupying a dwelling unit and maintaining a common household.
(35) Fence. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
(36) Floodway. Any land area susceptible to being inundated by water from any source, also floodplain and floodprone.
(37) Frontage. The length of any one property line of a premises that abuts a public street or right of way.
(38) Gross Floor Area. The sum of the gross horizontal areas of the floor or floors of a building measured from the exterior face of exterior walls, or from the centerline, of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor to ceiling height is less than six feet.
(39) Group Home. A dwelling shared by four (4) or more handicapped persons, and resident staff, who live together as a single housekeeping unit, or domestic violence shelters. As used herein, the term "handicapped" means having a physical or mental condition that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently; a record of having such impairment or being regarded as having such impairment. The term group home does not include alcoholism or drug treatment centers or any housing serving as an alternate to incarceration.
(40) Height. The vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip and similar roofs as measured from the average surrounding grade, but not including chimneys, spires and similar projections.
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(41) Historic District. That area of the City under the jurisdiction of the Lewisburg Historic Landmarks Commission.
(42) Home Occupation. Any occupation or profession carried out by a member of the immediate family residing on the premises, without advertising, sign or display that indicates from the exterior of the building that the building is being used in whole or part for any purpose other than that of a dwelling; no goods, stock in trade or commodities are displayed or sold on the premises; and no person is employed other than a member of the family residing on the premises.
(43) Impervious Surface. That area of a lot or parcel occupied by buildings and structures, overhangs, surface parking and gravel lots or similar surface features.
(44) Junkyard. Any area of land, building, structure or part thereof used for the storage, collection, processing, purchase or sale of waste, scrap or discarded goods including more than two inoperable vehicles.
(45) Kennel. A facility housing dogs, cats or other household pets where keeping, grooming, breeding, boarding, selling or training of animals is conducted as a business.
(46) Landscape and Landscape Strip. An area devoted to materials such as, but not limited to grass, ground covers, shrubs, hedges, vines or trees, and non living durable material normally used in landscaping such as rocks, pebbles and decorative walls, but excluding paving.
(47) Lot. A parcel of land occupied, or intended to be occupied by a building and its accessory buildings, sufficient in size to meet the zoning requirements for the zoning district within which it lies, for use, coverage, and area requirements and which has the required frontage on a public street or right of-way.
(48) Lot Area. The total horizontal area within the lot lines of a lot, including any portion which may be reserved for easements.
(49) Lot Coverage. A percentage of the total horizontal area of a lot determined by dividing the total impervious surface of a lot, including buildings, overhangs, graveled driveways and surfaced parking areas by the gross area of that lot.
(50) Lot of Record. A lot or parcel of land that has been officially recorded in the Office of the County Clerk that was of a size that met the minimum requirements for lots in the district in which it is located at the time of recording or was recorded prior to the effective date of zoning in the area where the lot is located.
(51) Lot Width. The horizontal distance between side lot lines measured at the front setback line.
(52) Mall. A group of two or more business establishments bordering on and having customer entrances from an enclosed common area. See also: Shopping Center.
(Passed 2-15-94.)
(52A) Medical Cannabis. Cannabis certified for medical use as more particularly defined and set forth in the West Virginia Medical Cannabis Act, W. Va. Code §§ 16A-1-1, et seq.
(52B) Medical Cannabis Dispensary. A place where processed medical cannabis products are permitted to be dispense to qualifying customers, as more particularly defined and set forth in the West Virginia Medical Cannabis Act, W. Va. Code §§ 16A-1-1, et seq.
(52C) Medical Cannabis Growing Facility. A place where medical cannabis is permitted to be grown, as more particularly defined and set forth in the West Virginia Medical Cannabis Act, W. Va. Code §§ 16A-1-1, et seq.
(52D) Medical Cannabis Processing Facility. A place where medical cannabis is permitted to be processed, refined, or otherwise converted into a legally permitted state, as more particularly defined and set forth in the West Virginia Medical Cannabis Act, W. Va. Code §§ 16A-1-1, et seq.
(Ord. 287. Passed 3-17-20.)
(53) Mobile Home. A transportable home intended to be used as a year round residence constructed after July 1, 1976 that meets construction standards of the Department of Housing and Urban Development in effect at the time of manufacture; that has a roof and roof pitch and shingle type commonly used in standard residential construction; is set on a permanent foundation; has an exterior siding comparable in composition, durability and appearance to standard residential construction and has the tongue, axles, transport lights and other transportation means removed after placement on the lot and before occupancy.
(54) Mobile Home Subdivision. A subdivision approved in accordance with City requirements where mobile homes as defined by this Ordinance are the designated housing type.
(55) Nonconforming Situation. A situation that occurs when, on the effective date of this ordinance, any existing lot or structure or use of an existing lot or structure does not conform to any one or more of the regulations applicable to the district in which the lot or structure is located, including nonconforming signs.
(56) Nonconforming Use. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulation applicable in the district in which the property is located.
(57) Open Space. Part of a lot which may include lawns, decorative plantings, walkways, active and passive recreation areas and water courses, but does not include parking spaces, driveways or similar surfaces.
(58) Parking Space. A portion of a parking lot intended for the temporary parking of a personal vehicle and which shall have a means of access to a public street.
(Passed 2-15-94.)
(59) Planned Unit Development. A mixed-use development that includes significant amounts of commercial and residential uses while allowing variation in lot sizes; 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.
(Ord. 290. Passed 4-20-21.)
(60) Premises. A building together with its grounds and other appurtenances, which shall also be defined as a separate and distinct tract of land as recorded in the County Courthouse.
(61) Right of way. A strip of land occupied or intended to be occupied by a street, water main, sanitary sewer or any other special purpose.
(62) Setback. The required minimum horizontal distance between the building line and the related front, side or rear property line. (Passed 2-15-94.)
(63) Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(64) Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, or sexual encounter center.
(Ord. 141-A. Passed 2-18-03.)
(65) Screening. A method of visually shielding or obscuring one abutting nearby structure or use from another by fencing, walls, berms, dense vegetation or other approved means.
(66) Shopping Center. A group of two or more business establishments each having its outside customer entrance to a shared parking area, which has limited designated entrance points. See also: Mall.
(67) Sign. Any visual communication device utilizing a letter, word, number, picture, object, symbol, illumination, color, (or motion) the major function of such device being to convey information or attract visual attention.
(68) Sign, Abandoned. A sign or sign structure which no longer correctly specifies any activity conducted or product available on the premises where such sign is displayed.
(69) Sign, Awning. A sign painted, stamped, perforated, stitched or otherwise applied on the valance of an awning that is attached to the wall of a building with the face of the sign approximately parallel to the wall.
(70) Sign, Ground. A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure, also called a pole or freestanding sign.
(71) Sign, Hanging. See Sign, Projecting.
(72) Sign, Permanent. Any sign permitted by this Ordinance to be located on a premises for an unlimited period of time
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(73) Sign, Pole. See Sign, Ground.
(74) Sign, Portable. A sign that is not permanently affixed to a building, structure or the ground.
(75) Sign, Projecting. A sign that is wholly or partially dependent on a building for support and which projects from the face of the building at right angles.
(76) Sign, Roof. A sign that is mounted on the roof of a building.
(77) Sign, Temporary. A sign permitted by this Ordinance to be located on a premises for a limited period of time.
(78) Sign, Wall. A sign attached to and erected parallel to the face of a building.
(79) Sign Area. The entire display area of a sign including the advertising surface located on one or more sign faces and any framing, molding or trim, but not including the supporting structure.
An irregularly shaped sign surface area shall be calculated by measuring the surface area of a simple plane or solid geometric shape which approximates the size and shape of the sign's surface. The area of individual elements of a sign placed against a non localized background (such as letters placed against a window or wall) shall be measured by calculating the area of the smallest single rectangle which would completely enclose all elements of the sign.
(80) Sign Face. The largest portion, in square feet, of a sign's face that is visible; measured at the location where the largest amount of a sign's area can be viewed by the eye at one point in time.
(81) Sign Height. The maximum vertical height in feet that the highest part of the ground sign extends above the surface of the ground underneath the sign. Any visible material whose major function is providing structural support for the sign shall be considered part of the sign.
(82) Street. Any public or private right of way which provides the primary means of access to abutting property.
(83) Structure. A combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of the land, and includes fences, swimming pools and satellite dishes.
(84) Variance. A grant of permission by the Board of Zoning Appeals that authorizes the recipient to depart from the strict requirements of the applicable district relative to area regulations, but does not include variation from permitted or conditional uses.
(85) Yard. A required open space on a lot adjoining a lot line containing only landscaping or other uses as provided by this Ordinance.
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(86) Yard, Front. A yard extending along the full width of a front lot line between the side lot lines and from the front lot line to the front building or setback line in depth.
(87) Yard, Rear. A yard extending along the full width of a lot along the rear lot line, and not less in depth, measured from the rear lot line, than the minimum required in each district.
(88) Yard, Side. A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard.
(Passed 2-15-94.)