Unless the context of the Zoning Ordinance specifically indicates otherwise, certain terms and words are hereby defined as follows: Where terms are not defined in this article, they shall have their ordinarily accepted meaning. Words used in the present tense shall include future; the singular number shall include the plural; the word "lot" shall include the word "plat”, and the word "Shall" is mandatory and not discretionary.
(1) "Abandonment" means the relinquishment of property, or a cessation of the use of the property, by the owner or lessee for a continuous period of at least six (6) months, without any intention of transferring rights to the property to another owner or of resuming the use of the property.
(2) "Accessory Building" means any subordinate building or structure or a portion of the main building, the use of which is incidental to that of the main building or to the use of the premises. For the purpose of this Article, the term shall include swimming pools, antenna towers (including satellite dishes) and all other necessary structures.
(3) "Adult Day Care" means any building used for non-sleeping purposes for less than twenty-four hours per day to house one or more well, ambulatory, or semi-ambulatory adult(s), none of whom requires medical injections by staff personnel.
(4) "Adult Book Store" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities”.or "Specified Anatomical Areas”, as defined in this Ordinance, or an establishment with a segment or section devoted to the sale or display of such material.
(5) "Adult Business" means an adult book store, adult videotape store, adult motion picture theater, or adult entertainment establishment.
(6) "Adult Entertainment Establishment" means an establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
(7) "Adult Motion Picture Theater" means an establishment used for presenting motion picture material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities”, or "Specified Anatomical Areas”, as defined in this Ordinance, for observation by patrons thereto.
(8) "Adult Videotape Store" means an establishment having as a substantial or any portion of its stock in trade, videotapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "Specified Sexual Activities”, or "Specified Anatomical Areas, as defined in this Ordinance, or an establishment with a segment or section devoted to the sale or display of such material.
(9) "Alley" means a minor way, twenty feet or less in width, used primarily for vehicular service access to the back side of properties otherwise abutting on a street.
(10) "Alteration" as applied to a building or structure means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement whether extending on a side or by increasing in height or by moving from one location or position to another.
(11) “Antenna” means a device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbit-based structures. For the purpose of this Ordinance, freestanding antennae are considered accessory structures.
(12) "Apartment House”.- See "Dwelling.” subsection (53)C.
(13) "Area, Building" means the aggregate of the maximum horizontal cross section area of the main building on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than three feet, steps, one-story open porches, bay windows not extending through more than one story and not projecting more than four feet, balconies and terraces.
(14) “Automobile Car Wash" means a structure containing facilities for washing automobiles and automatic or semiautomatic application of cleaner, brushes, rinse water, and heat for drying.
(15) "Automobile Sales" means the use of any building, land area, or other premises for the display and sale of new or used automobiles generally but may include light trucks or vans, trailers, or recreation vehicles and including any vehicle preparation or repair work conducted as an accessory use.
(16) "Automobile Service Station” means any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repairing of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
(17) "Automobile Repair Services and Garages” means establishments engaged in furnishing automobile repair, rental, leasing, and parking services to the general public.
(18) "Bars/Nightclubs" means a structure or part of a structure serving as a business establishment selling beer and/or alcoholic beverages for consumption on the premises.
(19) "Basement" means a story, having one-half or more of its clear height below grade.
(20) "Bed and Breakfast" means an owner-occupied dwelling unit that contains no more than three guest rooms where lodging, with or without meals, is provided for compensation.
(21) “Billboard” means a signboard, situated on private or leased premises, used for advertising purposes other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon.
(22) "Board" means the Board of Zoning Appeals established under this Ordinance.
(23) "Board and Care Home" means a facility providing accommodations and personal assistance for persons who are dependent upon the service of others by reason of physical or mental impairment, whether classified as residential board and care home, personal care home, nursing home, or other designation.
(24) "Boarding, Lodging, or Rooming House" means buildings in which sleeping rooms are offered providing accommodations for three to sixteen persons, with or without meals, but without separate cooking facilities for individual occupants.
(25) "Buffer" means a strip of land, at least a part of which shall be planted in trees or shrubs, which are established to protect one type of land use or zone district from another with which it is incompatible.
(26) "Building" means a structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without openings through such walls, each portion of such a building shall be considered a separate structure.
A. Principal: The main structure devoted to the principal use of the particular site. See Diagram 1 at the end of this article.
B. Temporary: A structure without permanent foundation erected or devoted to the development of, or in connection with, the principal site use for a limited period of time.
(27) "Building Line” means the line between the street lines or lot lines, which no building or other structure or portion thereof, except as provided in this Ordinance, may be erected above the grade level. The building line shall be considered a vertical surface intersecting the ground on such line.
(28) "Building Line, Front” means the line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
(29) “Business” means the engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational, educational and amusement enterprises for profit and the maintenance or storage of equipment, vehicles, materials or supplies or the dispatching, direction or supervision of employees or contractors with respect thereto but shall not include home occupations as hereinafter defined.
(30) “Camp, Public” means an area or tract of land used or designed to accommodate two or more automobile house trailers, or two or more camping parties, including cabins, tents or other camping outfits.
(31) “Cemetery” means property used for the interring of the dead.
(32) “Certificate of Appropriateness” means a certificate issued by the Mannington Historic Landmark Commission indicating its approval of plans for alterations to the exterior architectural features of a landmark, building, structure or site; additions to a landmark, building, structure or site; removal or demolition of a landmark, building, structure or site; or new construction within a designated historic zone.
(33) “Certificate of Compliance” means a certificate issued by the authority designated by Mannington City Council that the plans for a proposed use meet all applicable codes and regulations.
(34) "Certificate of Occupancy" means a statement signed by the Manager, Building Inspector or duly appointed agent of the City, setting forth either that a building complies with the Zoning Ordinance or that a building or parcel of land may lawfully be employed for specific uses or both.
(35) “Child Care Home" means 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. Also known as a “Family Day Care” in Section 2, Article 2B, Chapter 49 of the West Virginia State Code.
(36) “Child Care Center” means a building or home where care, protection and supervision are provided for more than six (6) children on a regular schedule. Also known as a “Day Care Center” in Section 2, Article 2B, Chapter 40 of the West Virginia State Code.
(37) “Church” means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.
(38) "Clinic” means a facility where licensed medical professionals deliver human health care services on an outpatient basis.
(39) “Club, private” means a group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and constitution and bylaws and has a national charter.
(40) "Commission, Planning" means the Planning Commission of the City.
(41) "Community Center" means a building used for recreational, social, educational and cultural activities open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.
(42) "Conditional Use" means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to the number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, or general welfare.
(43) “Conditional Use Permit” means a permit issued by the Council that authorized the recipient to make use of the property in accordance with requirements of this Ordinance as well as other requirements recommended by the Planning Commission and imposed by the Council.
(44) “Condominium” means multi-unit dwelling, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the unit owners. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
(45) "Convenience Store" means any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods such as salads, for off-site consumption.
(46) "Council" means the City Council of Mannington.
(47) "Curb Level” means the elevation of the top of the curb or the elevation of the street where no curbs are present, or the established curb grade opposite the center of the building or .portion thereof under consideration.
(48) "Deck” means a structure with a height over three feet off the finished grade and not covered by a permanent roof, attached to and considered part of a building. Decks are included in gross floor area for the purposes of calculating lot coverage. See Porch. See Terrace.
(49) “District” means a section of the City for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and size of yards and open spaces are herein established.
(50) “Double-Wide Unit” means two (2) or more manufactured housing components, attached side by side, to make one complete housing unit.
(51) "Driveway" means a traveled way affording a means of vehicular access to off-street parking, loading, and storage facilities.
(52) "Drive-Through” means a business establishment providing goods and services to customers in their motor vehicles.
(53) "Dwelling" means separate and detached buildings designed for and occupied exclusively as a residence as hereinafter defined, including modular dwellings and including Type I manufactured homes when constructed in a Residential District. The term excludes any other manufactured home trailer or mobile home.
A. One family: separate and detached buildings designed tor and occupied exclusively as a residence for one family.
B. Two-family/Duplex: A separate, detached building designed for and occupied exclusively as a residence for two families.
C. Multiple: A dwelling designed or occupied otherwise than as a one-family dwelling or a two-family dwelling. The term “multiple dwelling" shall be understood to include apartment house and all other family dwellings of similar character where apartments or suites are occupied and used as separate and complete housekeeping units, but not to include hotels, motels or apartment hotels.
(54) “Essential Service" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam or water, or telephone transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection with, but not including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health, safety or general welfare.
(55) "Existing Use” means the use of a lot or structure at the time of the enactment of this Ordinance.
(56) "Factory-Built Housing" means a structure designed for long-term residential use. For the purpose of these regulations, factory-built housing consists of three types: modular homes, mobile homes, and manufactured homes.
(57) "Family" means an individual or two or more persons related by blood or marriage living together or a group of individuals of not more than six persons not related by blood or marriage, but living together as a single housekeeping unit.
(58) "Farm Stand" means a structure for the display and sale of farm products.
(59) "Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas of land.
(60) “Flood Plain One Hundred (100) Year” means those areas of the City which are subject to the 100 year flood, as shown on the Floodway Map or Flood Insurance Rate Map (FIRM).
(61) "Floor Area" means the sum of the area of the first story measured to the exterior faces of the exterior walls and similarly measured, any upper story which is or may be made usable for human habitation; but excluding the floor area of unfinished basements, garages, accessory buildings, attics, breezeways and unenclosed porches.
(62) "Floor Area, Gross" means 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 excluding any space where the floor-to-ceiling height is less than six (6) feet.
(63) "Floor Area Ratio" means the gross floor area of all buildings or structures on a lot divided by the total lot area.
(64) "Forestry" means establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or in performing forest services.
(65) "Funeral Home/Mortuary” means an establishment where the dead are prepared for burial or cremation, where the body may be viewed, and where funeral services are often held.
(66) "Garage, Private" means a building or part thereof, accessory to a main building and providing for the storage of motor vehicles and in which no occupation or business for profit is carried out.
(67) "Glare” means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
(68) “GFA” means Gross Floor Area, or the total square footage of a building or business.
(69) "Group Home” means a single dwelling unit owned or leased by a governmental or other nonprofit organization to house a group of minors or mentally retarded persons. A staff is employed and used as counselors or house parents. The facility shall not have any outward appearance which would give reason to believe that it is not being used as a residence or other use expressly permitted in the district.
(70) "Hardship" means an unusual situation, not self-created or economic in nature, which prevents the full utilization of property or denies the right to use property, as others may do within the same zone.
(71) "Height of Building" means the vertical distance measured from the lowest elevation around the perimeter of the structure vertically to the highest point of flat roof, to the deck line of mansard roofs, the main height level between eaves and ridges for gable hip or gambrel roofs.
(72) "Historic District” means that area of the City designated and under the jurisdiction of the Mannington Historic Landmarks Commission.
(73) “Home Occupation” means an accessory use which is clearly incidental to the residential use of a dwelling unit; and is customarily and traditionally carried on within a dwelling unit by one or more occupants of such dwelling unit; and is limited to members of the resident family and two (2) outside employees.
A home occupation shall be conducted wholly within the principal or accessory structure. It shall not be permitted to sell upon the premises articles produced elsewhere; or have exterior displays or a display of goods visible from the outside; or store materials or products outside a principal or accessory structure; or make external structural alterations which are not customary in residential buildings; or display signs (except for one non-illuminated sign not exceeding a total area of two (2)square feet) that will indicate from the exterior that the building is being utilized in part for purposes other than that of a dwelling. A home occupation shall not generate vehicular parking or nonresidential traffic to a greater extent than would normally result from residential occupancy. Parking shall be met off the street and other than in a required front yard.
Home occupation includes fine arts studios, certain professional offices, teaching of not more than two (2) pupils simultaneously, seamstress, real estate or insurance agents, bed and breakfast establishment/tourist home with two or fewer bedrooms for public occupancy, door-to-door sales of home or cosmetic products (excluding warehousing activity), and barber and/or beauty shops.
Home occupations shall not include dance studios, commercial repair or storage of automobiles, boarding or rooming houses or tourist homes, antique shops, or commercial kennels.
(74) “Hotels” means a facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
(75) “Housekeeping Unit" means the number of unrelated individuals, as defined in each residential district, permitted to reside in any single dwelling unit.
(76) "Impound Facility" means a place of secured temporary motor vehicle storage, exclusive of mini-storage facilities, where vehicles in operable condition, or capable of being returned to operable condition, are commercially stored for not more than thirty days.
(77) "Industry, Heavy" means a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing process that potentially involves hazardous or commonly recognized offensive conditions.
(78) "Industry, Light" means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.
(79) "Junk" means any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use.
(80) "Junk Yard” means the use of more than one thousand square feet of the area of any lot; whether inside or outside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping or abandonment of junk.
(81) “Kennel” means a facility housing dogs, cats or other household pets where keeping, grooming, breeding, boarding, selling or training of animals is conducted as a business. A lot on which five or more dogs and/or cats, six months or older are kept.
(82) “Landscape and Landscape Strip” means an area devoted to materials such as, but not limited to grass, ground covers, shrubs, hedges, vines or trees, and durable material normally used in landscaping, such as rocks, pebbles, decorative paving and walls.
(83) "Loading Berth" means an off-street area, located on the same parcels as the principal use which provides parking for the receipt or distribution by vehicles of material or merchandise, such area measuring a minimum of twelve feet wide, sixty feet long with a fourteen-foot height clearance.
(84) "Lot" means a parcel of land which is or may be occupied by a building and accessory buildings, including the open spaces required under this Ordinance.
A. Corner lot: A lot abutting on two or more streets and their intersection.
B. Depth of lot: The horizontal distance between the front lot line and rear lot line.
C. Ground level lot:
1. For buildings having walls adjoining one street only, the elevation of the sidewalk or street if no sidewalk is present at the center of the wall adjoining the streets.
2. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk or street if no sidewalk is present at the center of all walls adjoining the street.
3. For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the buildings. Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
D. Interior lot: A lot the side lines of which do not abut on a street.
E. Through lot: An interior lot having frontage on two streets.
F. Lot width: The horizontal distance between the side lot lines of a lot, measured at the front lot line at right angles to the depth.
(85) "Lot lines" is defined as follows:
A. "Front lot line" means the line separating the lot from the street right of way upon which it fronts.
B. "Rear lot line" means the line of a lot which is opposite and farthest from the front lot line.
C. "Side lot line" means any lot line which meets the end of a front lot line, normally of an angle equal to, or greater than, thirty degrees.
(86) "Lot of Record" means a lot which is part of a legal subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded and legally subdivided.
(87) "Lot of Record, Pre-existing Nonconforming" means a parcel of land existing prior to the adoption of this ordinance, which has less than the minimum area or minimum dimensions required in the zone in which the lot is located.
(88) "Manufactured Home" means a structure manufactured or fabricated after June 15,1976, in an off-site manufacturing facility, in compliance with the requirements of Title IV of the 1974 Housing and Community Development Act (42 U.S.C.A. 5401 et seq.) and the regulations issued pursuant thereto (24 CFR 3280.1 et seq.) which are in effect on the date of installation on the lot for installation or assembly at the building site transportable in one or more sections each of which, in the traveling mode is eight body feet or more in width and forty body feet or more in length, and has attached the manufacturer's certification label required by 24 CFR 3280.8, which is built on a permanent chassis and designed to be used for living quarters with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein.
A. “Type I Manufactured Home” means a manufactured home as defined herein which has a double section or larger residential designed home placed onto a permanent enclosed masonry foundation; has siding, trim, finish doors, windows and roofing materials which are a type generally acceptable for site-built housing; roofing materials shall be installed onto a surface appropriately pitched for the materials used; has minimum onsite assembled home width of twenty-three feet, as measured across the narrowest portion; has a minimum overhang of six inches per side; has all transportation equipment removed, and has not been inhabited prior to the home's placement on the site.
B. "Type II Manufactured Home” means a manufactured home constructed as described for Type I manufactured home that is transported to the construction site in one section.
C. "Type III Manufactured Home” means a manufactured home, transported to the construction site on one section, the finish and appearance of which does not comply with those standards described for Type I manufactured homes.
(89) "Mini-storage Facility'" means a building or group of buildings in which two or more individual spaces not exceeding sixteen hundred cubic feet each are offered for lease for storage of items composed of nonhazardous materials.
(90) "Mixed Occupancy" means occupancy of a building or land for more than one use.
(91) "Mobile Home Park" means a lot used, designed or intended to be used for the purpose of supplying parking space for two (2) or more occupied mobile homes and which include buildings, structures, motor vehicles or enclosures used or intended to be used as part of the operation of the mobile home park.
(92) "Modular Structure or Dwelling" means a structure which is customarily manufactured and conveyed to the point of erection or installation in two or more complete sections which has the following minimum construction features similar to those conventional dwellings, and must include no part of frame used for transportation:
A. 2-lnch by 8-lnch floor joists;
B. 2-lnch by 4-lnch wall studs;
C. 2-lnch by 6-lnch ceiling joists or truss equivalent;
D. Conventional house-type roof construction and minimum pitch of four on twelve;
E. Conventional house-type sidings;
F. Permanent attached utilities;
G. Permanent foundation.
(93) “Motel” means a facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
(94) "Motor Vehicle" means and includes any automobile, truck, tractor, truck-tractor, trailer, semitrailer, motorbus, taxicab, and any self-propelled motor-driven vehicle, or any combination thereof used for the purpose of transporting persons or property.
(95) "Nonconforming Situation" means 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 Jot or structure is located, including nonconforming signs.
(96) "Nonconforming Use" means any type of a building, structure, or land that does not conform with the regulations of the use district in which it is situated.
(97) "Nursing Home" means an institution, residence or place maintained for the purpose of providing accommodations and care, for a period of more than twenty-four hours for four or more persons who are ill or otherwise incapacitated and in need of extensive on-going nursing care due to physical or mental impairment, or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation; institutions primarily for the treatment and care of mental patients, alcoholics, or drug addicts shall not be considered nursing homes. (See Subsection (d), Section 2, Article 5C, Chapter 16 of the West Virginia State Code).
(98) “Open Space” means a 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.
(99) "Parking Lot, Commercial or Customer" means as area of one or more parking spaces designed or used for the parking or storage of motor vehicles.
A. Commercial Parking Lot- An area as defined above where a fee is imposed for parking privileges.
B. Customer Parking Lot- An area as defined above where parking is provided in conjunction with an adjacent or nearby business use.
(100) "Parking Space" means an area of not less than eight by nineteen feet either within a structure or in the open exclusive of access or maneuvering area, or ramps, columns, etc., to be used exclusively as a temporary storage space for one motor vehicle. Required truck loading and unloading space shall not be included in such area.
(101) "Personal Care Home" means an institution, residence or place maintained for the purpose of providing accommodations and personal assistance and supervision, for a period of more than twenty-four hours, to four or more persons who are dependent upon the services of others by reason of physical or mental impairment who may require limited and intermittent nursing care, including those individuals who qualify for and are receiving services coordinated by licensed hospice. Institutions primarily for the treatment and care of mental patients, alcoholics, or drug addicts shall not be considered personal care homes. (See Subsection (e), Section 2, Article 5C, Chapter 16 of the West Virginia State Code).
(102) "Porch" means a roofed open area which may be screened, usually attached to or part of and with direct access to or from a building. Porches are included in gross floor area for the purposes of calculating lot coverage.
(103) "Professional office" means the office of a member of a recognized profession maintained for the conduct of that profession.
(104) "Recycling Center" means a lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products. Salvage yards are not considered recycling centers.
(105) "Recycling Plant" means a facility in which products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used in new products.
(106) "Resident Facility" means a family, as defined herein, whose occupancy of a dwelling is of an indefinite or permanent nature and not for a fixed or limited duration.
(107) "Restaurant" means an establishment whose primary business is the preparation of food items for sale and consumption on the premises and which, upon proper licensing, may also serve beer and/or alcoholic beverages with meals.
(108) "Restaurant, Drive-in" means an establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.
(109) “Restaurant, Fast-food" means 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, and where either:
A. Foods, frozen desserts, or beverages are usually served in paper, plastic, or other disposable containers, and where customers are not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items are consumed; or
B. The establishment includes a drive-up or drive-through service facility or offers curb service.
(110) "Retail Sales" means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
(111) "Right-of-Way" means a strip of land occupied or intended to be occupied by a road, street, railroad, electric transmission line, gas line, water line, sanitary and storm sewers, or any other special public purposes.
(112) "Rooming House" means a dwelling or part thereof where lodging is provided, for compensation, to non-family members other than transients.
(113) "Salvage Yard" means any place which is maintained, operated or used for the storing, keeping, buying, selling or processing of old or scrap brass, copper, iron, steel, other ferrous or nonferrous materials, batteries or rubber and any junked, dismantled or wrecked, machinery, machines or motor vehicles, or for the operation and maintenance of a motor vehicle graveyard.
(114) "Satellite Earth Station Antenna" means a parabolic or dish-shaped antenna no greater than three (3) feet in diameter or any other apparatus or device that is designed for the purposes of receiving radio waves. For the purposes of this Ordinance, a freestanding satellite antenna is considered an accessory structure. See antenna.
(115) "School" means a public or parochial nonprofit institution offering a general curriculum of an academic, commercial or vocational nature.
(116) "Screening" means a method of visually shielding or obscuring one abutting nearby structure or use from another by fencing, walls, beams, dense vegetation or other approved means.
(117) "Senior Citizens Housing" means a multi-family dwelling exclusively for senior citizens, handicapped persons, or as may be defined by State and Federal regulations.
(118) "Shopping Center" means a group of two or more business establishments each having its outside customer entrance to a shared parking area, which has a limited designated entrance point.
(119) "Sight Triangle" means a triangle-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. See Diagram 2, at the end of this article.
(120) “Sign” means any display of letters, figured, pictorial matter, device or representation used for advertising, identification or informational purposes. See Diagram 3, at the end of this article.
(121) “Sign, Awning" means 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.
(122) "Sign, Ground" means any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.
(123) "Sign, Hanging" See “Sign, Projecting”.
(124) "Sign, Permanent” means any sign permitted by this Ordinance to be located on a premise for an unlimited period of time.
(125) “Sign, Pole” means a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign is six feet or more above grade.
(126) "Sign, Portable" means a freestanding sign that is not permanent, affixed to a building, structure or the ground.
(127) "Sign, Projecting" means 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.
(128) “Sign, Roof" means a sign that is mounted on the roof of a building.
(129) “Sign, Temporary" means a sign permitted by this Ordinance to be located on a premise for a limited period of time.
(130) “Sign, Wall” means a sign attached to and erected parallel to the face of a building.
(131) “Sign Area” means 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 geometric shape which approximates the size and shape of the sign's surface.
(132) “Sign Face” means the area or display surface for the message.
(133) “Sign Height” means 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 this sign.
(134) “Signboard” means any structure or part thereof on which lettered or pictorial matter is displayed for advertising or notice purposes.
(135) “Special Uses" means the uses specified herein, under the provisions set forth herein, subject to review and authorization by the Board of Zoning Appeals.
(136) "Steep Slope" means land areas where the slope exceeds 20 percent.
(137) “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above lt.
A. Story Above Grade: Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the finished surface of the floor above the basement is.
1. More than six feet above grade plane;
2. More than six feet above the finished ground level for more than fifty percent of the total building perimeter; or
3. More than twelve feet above the finished ground level at any point.
(138) "Story, Half" means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three and one-half feet above the finished floor of such story.
(139) "Street" means a way for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land place or however otherwise designated.
(140) “Structure” means 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.
(141) "Structural Addition" means any change in or addition to the supporting members of a building such as bearing walls, columns, beams or girders.
(142) "Swimming Pool" means a water-filled enclosure, permanently constructed or portable, having a depth of more than eighteen inches below the level of the surrounding land, or an above-surface pool, having a depth of more than thirty inches, designed, used, and maintained for swimming and bathing.
(143) "Telephone Exchange Building" means a building with its equipment used or to be used for the purposes of facilitating transmission and exchange of telephone messages between subscribers, and other business of the telephone company; but, in a Residential District. As established by this Ordinance, not to include public business facilities, repair facilities, storage of plant materials or spare parts (other than those carried for the particular building) or storage of equipment,automobiles or trucks, or housing or quarters for installation, repair or trouble crews.
(144) "Terrace" means a level surfaced area, also referred to as a patio, directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof. Terraces are not used in the calculation of lot coverage.
(145) “Tourist Home" means a boarding house or rooming house for transients.
(146) “Trailer or Mobile Home" means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping and eating quarters or for the conduct of any business, trade or use for storage or conveyance of tools, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on roads or streets, customarily propelled or drawn by motor power other than its own. “Trailer or Mobile Home” also includes Type II and Type III manufactured homes as defined herein.
(147) “Townhouses” means individually owned dwelling units contained within the same structure and separated by approved fire walls.
(148) “Use” means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
(149) “Variance" means 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.
(150) “Vehicle, Commercial" means any vehicle which is used by a licensed business operation to render its services and/or having a load carrying capacity greater than two tons.
(151) "Wholesale Business” means business sales activity which includes:
A. Sales for the purpose of resale;
B. Sales of supplies or machinery which are consumed or used by the purchaser in the conduct of a business which is subject to tax on its sales or income.
In either case, the wholesale function shall be distinguished from warehousing by over-the-counter sales.
(152) "Yard" means an open space, as may be required by this Ordinance, on the same lot with a building or group of buildings, which open spaces lies between the principal building or group of buildings and the nearest lot line and is unimproved, unoccupied and unobstructed from the ground upward except as herein permitted. The term "yard" shall not include paved or otherwise improved parking areas. See Diagram 4, at the end of this chapter.
A. Front yard: An open space extending the full width of the lot between a building and the front lot line, unimproved, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Ordinance.
B. Rear yard: An open space extending the full width of the lot between a building and the rear lot line, unimproved, unoccupied and unobstructed from the ground upward as specified elsewhere in this Ordinance.
C. Side yard: An open space extending from the front yard to the rear yard between a building and the nearest side yard lot line, unimproved, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Ordinance.
(153) "Zoning Inspector" means the person designated as such, under this Ordinance, also known as Code Enforcement Officer. The term may also mean another duly authorized agent of the City.
(154) "Zoning Ordinance" as used in Chapters One, Two and Three of this Part Thirteen-Planning and Zoning Code means Ordinance # 310, Passed September 16, 1996.
(Ord. 310. Passed 9-16-96.)
(Ord. 310. Passed 9-16-96.)