(a) Unless otherwise expressly stated, the following words shall, for the purpose of this Zoning 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 year.
(2) “Accessory Use” means a use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use.
(3) “Accessory Structure” means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure, including but not limited to swimming pools, piers and other water related structures, parking, fences, gazebos, non-commercial greenhouses, private garages, satellite dishes, doghouses, and dog-related structures.
(4) “Accessway” 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.
(5) “Adult Bookstore” means any commercial establishment in which is offered for sale as a substantial or significant portion of its stock-in-trade videocassettes, movies, books, magazines or other periodicals, or other media which are distinguished or characterized by their emphasis on nudity or sexual conduct or on activities which, if presented in live presentation, would constitute adult entertainment.
(6) “Adult Business” means an adult bookstore, movie theater, or movie house or other adult entertainment, as defined herein.
(7) “Adult Entertainment” means an establishment providing, either as a sole use or in conjunction with or in addition to other uses, entertainment consisting of the use of nudity or of live dancing, posing, displaying, acting, or other live presentation or use of persons whose actions are distinguished or characterized by emphasis on use of the human body in a manner intended to or resulting in arousal of sexual excitation or sexual titillation or a prurient interest or intended to or resulting in producing lustful emotions.
(8) “Adult Movie Theater” or “Movie House” (including Adult Mini-Theaters) means any movie theater which on a regular, continuing basis shows films rated X by the Motion Picture Coding Association of America or any movie theater which presents for public viewing on a regular, continuing basis so-called adult films constituting adult entertainment, as defined by this code.
(9) “Advertising” means any words, symbol, color, or design used to call attention to a commercial product, service, or activity.
(10) “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.
(11) “Agriculture” means the keeping of livestock or cultivation of the soil, including the planting and harvesting of crops.
(12) “Alley” means a service roadway providing a secondary means of access to abutting property and not intended for general traffic circulation.
(13) “Alteration” means any change or expansion in the size, configuration, exterior features, or location of a structure; or any change or expansion in the use of a structure or lot from a previously approved or legally existing size, configuration, location, or use.
(14) “Amphitheater” means an outdoor gathering space typically for entertainment which is often constructed with tiers of seats or sloping surfaces that gradually rise outward from a central open space or stage. An amphitheater may include a bandshell-type structure to provide weather protection to a stage.
(15) “Amusement and Recreation Center” means a business establishment, generally intended for use by all ages, that provides recreation or entertainment, including but not limited to swimming pools, dance halls, bowling alleys, skating rinks, billiard and pool halls, video and other coin-operated electronic games, miniature golf courses, indoor archery range, table games, trampolines, ball pits, and similar recreational diversions.
(16) “Animal Hospital” or “Veterinary Office” means an establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment, but excluding the treatment or other care of humans.
(17) “Antenna Support Structure” means any building or structure other than a tower which can be used for location of telecommunications facilities.
(18) “Automobile” means a road vehicle, typically with four wheels, able to carry a small number of people.
(19) “Automobile Car Wash” means the use of a site for washing and cleaning of automobiles, recreational vehicles, or other light duty equipment.
(20) “Bakery” means an establishment primarily engaged in the retail sale of baked goods for consumption off-site.
(21) “Bank/Financial Institution” means a bank, savings and loan, credit union, or other institution that provides retail banking services to individuals and businesses.
(22) “Basement” means a story having one half (0.5) or more of its clear height below grade.
(23) “Bed and Breakfast Inn” means a private residence in which overnight accommodations are provided for not more than 10 transient paying guests, along with ancillary services such as providing breakfast, private parties, and evening and lunch meals to guests; holding outdoor events such as weddings, fundraising or civic events for local clubs, and special dinners or meals; and operating gift shops.
(24) “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.
(25) “Boat and Marine Sales/Service” means the sales, service, and repair of new and used boats, boat trailers, marine hardware, and related products
(26) “Boat Storage” means an enclosed, partially enclosed, or open facility utilized for the wet or dry storage of boats.
(27) “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.
(28) “Brewery Pub” means a place of manufacture of nonintoxicating beer or nonintoxicating craft beer owned by a resident brewer, subject to federal and state regulations and guidelines, a portion of which premises may be designated for retail sales for consumption on the premises of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
(29) “Broadcasting Studio” (radio/television) means a structure housing the operation of the over-the-air distribution of audio or video signals to a large number of recipients ("listeners" or "viewers") within the technical reach of the signals.
(30) “Building” means any structure having enclosing walls and roofs and requiring a permanent location on the land.
i. “Principal Building” means a building 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.
ii. “Building Frontage” means the length of the main wall of a building which physically encloses usable interior space and which 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.
iii. “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.
(31) “Building Material Facility” means an establishment that sells home, lawn, and garden supplies and tools and construction materials, such as brick, lumber, hardware, and other similar materials. Construction goods may be located in outdoor storage.
(32) “Building Setback Line” means a line establishing the minimum allowable distance between the nearest part of any 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.
(33) “Bus & Transit Facilities” means a facility operated as a bus or rail passenger station or transfer center that may have a covered structure. Typical facilities may include station platforms, bus bays, off-street parking, private access roads, and other passenger amenities.
(Passed 10-3-17.)
(34) “Campground" means a publicly or privately owned site designed, designated, maintained, intended, or used for the purpose of supplying a location for seasonal, recreational, and temporary living purposes in cabins, tents, or recreational equipment or vehicles open to the public for free or for a fee. Campgrounds shall be for the purpose of, and associated with recreational activities as opposed to temporary living. Consequently, this definition excludes "tourist" or "trailer camps."
(Passed 8-20-19.)
(35) “Catering Business” means the preparation and delivery of food and beverages for off-site consumption for a fee.
(36) “Cemetery/Mausoleum” means land used or intended to be used for the disposition of human remains and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries and funeral homes when operated with and within the boundary of such cemetery.
(37) “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.
(38) “Child Day Care Facility” is divided into four classes:
i. “Child Day Care Facility, Class 1” means a facility maintained by the state or any county or municipality thereof, or any agency or facility maintained by an individual, firm, corporation, association, or organization, public or private, for the care of thirteen (13) or more children for child care services in any setting, if the facility is open for more than thirty (30) days per year per child.
ii. “Child Day Care Facility, Class 2” means a facility which is used to provide child care services for compensation for seven (7) to twelve (12) children, including children who are living in the household, who are under six (6) years of age. No more than four (4) of the total number of children may be under twenty-four (24) months of age. A facility may be in a provider's residence or a separate building.
iii. “Child Day Care Facility, Class 3” means a facility which is used to provide child care services for compensation in a provider's residence. The provider may care for no more than six (6) children at one time including children who are living in the household, who are under six (6) years of age. No more than two of the total number of children may be under twenty-four (24) months of age.
iv. “Child Day Care Facility, Class 4” means residential child care services for compensation for three (3) or fewer children, including children who are living in the household, who are under six (6) years of age. Care is given in the provider's own home to at least one (1) child who is not related to the caregiver.
(39) “Clear Sight Triangle” means the triangular area formed by intersecting street, alley, or other public right-of-way centerlines and a line interconnecting points established on each centerline, seventy-five (75) feet from the point of intersection and the plane established three and one-half (3.5) feet in elevation to a height of ten (10) feet from grade level at the intersection of the street, alley, or other public right of way centerline.
(40) “Clinic” means an establishment providing medical, opioid treatment, dental, chiropractic, psychiatric, or surgical services exclusively on an outpatient basis, including emergency treatment and diagnostic services.
(41) “Community Facility” means a nonprofit facility whose primary goal is to provide a community service and may be publicly or privately owned.
(42) “Compact Car 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, accessways, and driveways appurtenant thereto, and having a means to direct access to a street or road.
(43) “Comprehensive Plan” means the comprehensive plan for the City of Moundsville.
(44) “Conditional Use” means a use which because of special requirements or characteristics may be permitted in a particular zoning district only after review by the board of zoning appeals and upon issuance of a conditional use permit, and subject to the limitations and conditions specified in this code.
(45) “Contiguous” means lots, parcels, municipal boundaries or county boundaries that are next to, abutting, and having a boundary, or portion thereof, that is coterminous. Streets, highways, roads or other traffic or utility easements, streams, rivers, and other natural topography are not to be used to determine lots, parcels, municipal boundaries, or county boundaries as contiguous.
(46) “Continuing Care Facility” means one or more of the following types of facilities:
i. “Adult Assisted Living” means any facility, residence, or place of accommodation available for four (4) or more residents for the purpose of having personal assistance or supervision, or both, provided to any residents therein who are dependent upon the services of others by reason of physical or mental impairment and who may also require nursing care at a level that is not greater than limited and intermittent nursing care.
ii. “Nursing Home” means any institution, residence, or place, or any part or unit thereof, however named, which is advertised, offered, maintained, or operated by the ownership or management, whether for consideration or not, for the express or implied purpose of providing accommodations and care, for a period of more than twenty-four (24) hours, for four (4) or more persons who are ill or otherwise incapacitated and in need of extensive, ongoing nursing care due to physical or mental impairment or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation.
iii. “Skilled Nursing Facility” means an institution, or a distinct part of an institution, that primarily provides inpatient skilled nursing care and related services, or rehabilitation services, to injured, disabled, or sick persons.
(47) “Convenience Store” means a business establishment that offers convenience goods for sale, such as pre-packaged or limited prepared food items, tobacco, and periodicals, but not having gasoline sales on premises and not displaying merchandise or products outdoors, except where such display is required to sell the merchandise.
(48) “Conversion of Old Schools/Churches” means the adaptive reuse of a former school or church for residential or commercial purposes not affiliated with the prior use.
(49) “Correctional Facility” means a publicly or privately operated facility housing persons awaiting trial, serving a sentence after being found guilty of a criminal offense, being within the jurisdiction of a federal, state, or local probation, parole, or corrections agency or receiving treatment other than at a hospital while under the jurisdiction of such authority or agency, including but not limited to jails, prisons, juvenile detention centers, work release centers, pre-release centers, and treatment centers.
(50) “Council” means the Council of the City of Moundsville.
(51) “County” means Marshall County, West Virginia.
(52) “Cultural Service” means a site used for the collection, display, or preservation of objects of community or cultural interests, such as a library, museum, or similar facility.
(53) “Distribution Facility” means any premises or part thereof, which provides logistical support for business, such as freight management, inventory control, storage, packaging, and consolidation of goods for distribution.
(54) “Distillery” means, as defined by West Virginia statutes, an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.
(55) “Dog Day Care” means an organized, controlled, and monitored environment for a group of dogs to interact and play throughout the day. The purpose is to provide stimulation, exercise, and socialization for dogs, and ancillary services. Overnight stays are not permitted in dog day care facilities.
(56) “Driveway” means a privately owned vehicular accessway from a street to properties abutting the street and serving no more than four dwelling units.
(57) “Dry Cleaner” means an establishment providing dry cleaning and laundering services where dry cleaning and laundering are done on the premises. Includes the mechanical cleaning of garments, clothing articles, or goods of fabric, including a linen, diaper, or uniform laundering service. May perform work on the premises for other dry cleaning and laundry services, serve retail customers, and provide ancillary services such as tailoring.
(58) “Dry Cleaning and Laundry Pick-up Station” means an establishment where customers drop-off and pick up garments or articles that are sent to another location for cleaning or laundering. A dry cleaning and laundry pick-up station does not include on-site dry cleaning or laundry facilities.
(59) “Dwelling” means a house, apartment building, or other building designed or used primarily for human habitation, but not including boarding houses, rooming houses, tourist homes, motels, hotels, or other structures designed for transient residence.
(60) “Dwelling, Conversion Apartment” means the remodeling of a single-family dwelling unit into two or more separate living units each having a minimum of five hundred (500) square feet of gross living space and having separate and private sanitary, cooking, and dining facilities and a minimum of two off-street parking spaces per living unit.
(61) “Dwelling, Garage Conversion” means conversion of an existing garage to habitable space for domestic use no smaller than five hundred (500) square feet of gross living space.
(62) “Dwelling, Mixed Use” means a building containing a residence with commercial or office uses on the ground floor in the front of the building facing the primary street frontage. Residential units may be on the ground floor, provided they are not accessed from any portion of the building that faces the primary street. Residential units may be located on the ground floor behind the commercial uses.
(63) “Dwelling, Multi-Family” means a freestanding building containing three (3) or more dwelling units, whether they have direct access to the outside, or access to a common building entrance. Multi-family dwellings can consist of rental or owner occupied dwelling units, provided that all such freestanding buildings contain three (3) or more dwelling units.
(64) “Dwelling, Single-Family” means a detached, permanent structure designed for or occupied exclusively as a residence for only one family.
(65) “Dwelling, Townhouse” or “Rowhouse” means a one-family dwelling unit, with private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light, and ventilation.
(66) “Dwelling, Two-Family” means a freestanding building containing two (2) dwelling units, each of which has direct access to the outside.
(67) “Dwelling Unit” means any dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities.
(68) “Educational Institution” means a college or university giving general academic instruction. Included within this term are areas or structures used for administration, housing of students and faculty, dining halls, and social or athletic activities when located on the institution's land that is not detached from where classroom facilities are maintained.
(69) “Emergency Services” means an area utilized for the maintenance, fueling, storage, receiving and dispatching calls or transmissions, or parking of vehicles or equipment providing rescue or ambulatory services.
(70) “Emergency Shelter ” means a residential facility which provides room and board for a temporary period, protection, counseling, and pre-placement screening for abused, displaced, or transient adults or children.
(71) “Equipment Rental/Repair” means an establishment involved in renting or repairing small tools and equipment, including janitorial equipment.
(72) “Existing Use” means use of land, buildings, or activity permitted or present prior to the adoption of a zoning map or ordinances by the county or municipality.
(73) “Extractive Industry” means a heavy industry use that involves the extraction of minerals for sale or other commercial purpose, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.
(74) “Factory-Built Home” means manufactured homes and mobile homes.
i. “Manufactured Home” means a home which is factory-built after June 15, 1976, in the U.S. to the HUD Title 6 construction standards; which displays required documentation, the Certification Label and the Data Plate; and which is built on a permanent chassis to ensure transportability.
ii. “Mobile Home” means a home which is factory-built before June 15, 1976, and not built to a uniform construction code.
(75) “Factory-Built Home Rental Community” means a parcel of land under single or common ownership upon which two or more factory-built homes are located on a continual, nonrecreational basis together with any structure, equipment, road, or facility intended for use incidental to the occupancy of the factory-built homes, but does not include premises used solely for storage or display of uninhabited factory-built homes or premises occupied solely by a landowner and members of their family.
(76) “Fairground” means an area of land used for fairs in accordance with local and state requirements, exhibitions, and shows, including but not limited to animal shows and judging, carnivals, circuses, concerts, food booths and stands, games, rides, rodeos, sales and auctions, storage, racetracks, agricultural related office buildings, and community meeting or recreational buildings and uses.
(77) “Family” means an individual or two or more persons related by blood, marriage, adoption, or foster relationship, or no more than four (4) unrelated individuals and individuals related by blood, marriage, adoption, or foster relationship to any of those four (4) unrelated individuals, living together as a single housekeeping unit and sharing common living, dining, and kitchen areas, subject to the requirements of the Building Code.
(78) “Farm” means the raising of crops or livestock, including orchards, vineyards, or nurseries, along with any buildings or structures necessary to conduct such activities.
(79) “Farm/Construction Equipment and Supply Sales” means an establishment engaged in the on-premises lease, rental, or retail sale of new or used construction or farm equipment, with or without incidental service for minor repairs and maintenance.
(80) “Farmer’s Market” means the offering for sale of agricultural products directly to the consumer at an open-air market designated as a community activity.
(81) “Federal, State, County, and Municipal Offices” means government owned or occupied buildings not being industrial in nature.
(82) “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.
(83) “Flag” means a piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol or decoration; this includes pennants.
(84) “Flea Market” means an outdoor or enclosed commercial activity, open to the general public that offers goods for sale, trade, or barter regardless of whether they are new, used, antique, or homemade.
(85) “Floor Area, Gross” means the total area of a building measured by taking the outside dimensions of the building at each floor level.
(86) “Freight Terminal” means any premises and buildings where cargo is stored and where railroad cars or trucks load and unload cargo for shipment or distribution and which may include facilities for temporary storage of loads prior to shipment and facilities for the maintenance of transport vehicles.
(87) “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.
(88) “Funeral Home/Mortuary” means a building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of the dead for burial or disposition of the dead; including cremation (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation.
(89) “Garage, Private” means an accessory structure either attached to or detached from a residential dwelling which is situated on the same property or adjoining property and used for storing personal property by the resident of the dwelling and not to be used as a business.
(90) “Garage, Public” means a garage conducted as a business, which includes but is not limited to the rental of storage space for more than two automobiles or for one commercial vehicle not owned by a person residing on the premises.
(91) “Garage Sale” means 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 shall include, but not be 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.
(92) “Garden Center” means an establishment primarily engaged in selling containerized trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools, and other garden supplies to the general public and where no trees, shrubs or plants are grown on the premises.
(93) “Gas Station” means a building, place of business, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing of gasoline, oil and grease, and other vehicle fuels, and including, as an accessory use, the sale and installation of batteries, tires, lubricants, and other automobile accessories and retail items. Minor repair service may also be rendered. May also offer convenience goods for sale, such as pre-packaged or limited prepared food items, tobacco, and periodicals, except that the term does not include display of merchandise or products outdoors except where such display is required to sell the merchandise.
(94) “Greenhouse, Non-commercial” means a building or structure under one hundred and fifty (150) square feet constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other weather-sensitive plants.
(95) “Greenhouse, Commercial” means a building used for the growing of plants, all or part of which are sold at retail or wholesale.
(96) “Group Residential Facility” means a facility which is owned, leased, or operated by a behavioral health service provider and which (1) provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled; (2) is occupied as a residence by not more than eight individuals who are developmentally disabled and not more than three supervisors or is occupied as a residence by not more than twelve individuals who are behaviorally disabled and not more than three supervisors; (3) is licensed by the Department of Health and Human Resources; and (4) complies with the State Fire Commission for residential facilities.
(97) “Group Residential Home” means a building owned or leased for developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence, and complying with all applicable requirements of the state of West Virginia. Includes a place for transitional group living arrangements for persons discharged from hospitals, correctional facilities, or in lieu of hospitalization, characterized by the presence of live-in staff and emphasizing the development of skills necessary for more independent living, which is licensed and operated in accordance with all applicable laws, and does not exceed eight (8) total individuals including live-in staff.
(98) “Health Club” means a building or portion of a building designed and equipped for sports, exercise, or other customary and usual recreational activities, operated for profit. The sale of sports nutrition products, non-alcoholic beverages, packaged health foods, exercise clothing, and sports videos and magazines is permitted as an accessory use to such facilities.
(99) “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.
(100) “Historic Landmark” means a site, building, structure, or object designated as historic on a national, state, or local register.
(101) “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.
(102) “Holiday Displays” means exhibits erected on a seasonal basis in observance of religious, national, or state holidays, which are not intended to be permanent in nature and which contain no advertising material.
(103) “Home-Based Business (Low Impact)” means a an accessory use intended to allow commercial enterprises that generate limited numbers of customer visits or merchandise deliveries to a residential dwelling. Use involves limited customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with the use of a dwelling.
(104) “Hospital” means an institution designed for the diagnosis, treatment, and care of human illness or infirmity and providing health services, primarily for inpatients, and including related facilities, laboratories, outpatient departments, training facilities, and staff offices.
(105) “Hotel/Motel” means a building or group of buildings in which lodging is provided and offered for compensation. The building may also include dining rooms, kitchens, serving rooms, ballrooms, and other facilities and services intended primarily for the accommodation of its patrons.
(106) “Industrial Park” means an area of land arranged or constructed in accordance with a plan for a group of business purposes, having separate building sites designed and arranged on streets and having utility services, setbacks, side yards, and covenants or other such regulations controlling or restricting uses.
(107) “Kennel” means any establishment wherein cats and dogs are kept or boarded. Business may be conducted in conjunction with a dog day care.
(108) “Laboratory” means a facility equipped for experimental study in a science or for testing and analysis; a facility providing opportunity for research, experimentation, observation, or practice in a field of study.
(109) “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.
(110) “Laundromat” means a business that provides washing, drying, or ironing machines for hire to be used by customers on the premises.
(111) “Liquor Store” means an establishment operated under the authority of the West Virginia Code, Chapter 60, Article 3A, and primarily engaged in the retail sale of packaged alcoholic beverages such as ale, beer, wine, or whiskey, for off-premises consumption.
(112) “Loading Space” means an area or berth available for the loading or unloading of goods from commercial vehicles.
(113) “Lot” means a parcel of land with boundaries established by some legal instrument, such as a recorded deed or a recorded map, and which 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.
(114) “Lot, Corner” means a lot at the junction of and abutting two or more intersecting streets.
(115) “Lot, Interior” means a lot other than a corner lot with only one frontage on a street.
(116) “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.”
(117) “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.
(118) “Lot Line” means 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.
i. “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.
ii. “Rear Lot Line” means a lot line which is opposite and more distant from the front lot line, and in the case of an irregular lot, a line ten feet in length within the lot and parallel to and at the maximum distance from the front lot line.
iii. “Side Lot Line” means any lot line other than a front or rear lot line.
(119) “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.
(120) “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.
(121) “Lumberyard” means an establishment where processed wood timbers and products are stored for bulk and retail sale.
(122) “Manufacturing (Heavy)” means the manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of the manufacturing process.
(123) “Manufacturing (Light)” means the manufacturing, compounding, processing, assembling, packaging, printing, or testing of goods or equipment, including but not limited to newspaper printing and distribution and research activities conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans, and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust, or pollutants.
(124) “Marina” means a business or recreational facility engaged in the secure mooring of boats, including facilities for storage and repair of boats and sale of boating supplies and fuel.
(125) “Medical Adult Day Care Center” means an ambulatory health care facility which provides an organized day program of therapeutic, social, and health maintenance and restorative services and whose general goal is to provide an alternative to twenty-four hour long term institutional care to elderly or disabled adults who are in need of such services by virtue of physical and mental impairment. (Passed 10-3-17.)
(126) “Medical Cannabis Dispensary” means a facility where medical cannabis is dispensed to patients, such facility holding a current valid permit issued by the West Virginia Bureau of Public Health to dispense medical cannabis pursuant to the West Virginia Medical Cannabis Act, W.Va.Code, Chapter 16A.
(127) “Nightclub” means an establishment for evening entertainment, generally open until the early morning that serves liquor and usually food and offers patrons music, comedy acts, a floor show, or dancing but is not characterized as a forum for sexually oriented material.
(128) “Non-conforming Building or 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, which 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.
(129) “Non-conforming Lot” means a lot or parcel of land that was of record and lawfully established and maintained but which, because of the enactment of this code, no longer conforms to the land-use standards or use regulations of the district in which it is located.
(130) “Non-conforming Sign” means any sign which 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, which 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 which is accessory to a nonconforming use.
(131) “Non-conforming 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, which 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.
(132) “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.
(133) “Office Supply Establishment” means a place of business where stationery, furniture, and other supplies typically used in offices are the main items offered for sale.
(134) “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.
(135) “Owner” means any individual, firm, association, syndicate, estate, corporation, trust, or any other legal entity having proprietary interest in the land.
(136) “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, accessways, and driveways appurtenant thereto, and having a means to direct access to a street or road.
(137) “Parcel Delivery Facility” means an establishment engaged in the delivery, receipt, and transmittal of documents, packages, and parcels.
(138) “Park” means land set aside for open space and recreation purposes.
(139) “Parking Lot” means an off-street surfaced area used for parking two or more vehicles which is served by an entrance and possibly an accessway connecting the parking lot and a public or private road, but does not include parking for a single-family or two-family dwelling.
(140) “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, accessways, and driveways appurtenant thereto, and having a means to direct access to a street or road.
(141) “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.
(142) “Personal Service” means a business providing services to a person, their apparel or personal effects commonly carried on or about their person, including, but not limited to, shoe repair, tailoring, watch repair, beauty shops, barber shops, tanning and nail salons, and dry cleaning and laundry pick-up stations as defined herein.
(143) “Pet Shop” means an establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public.
(144) “Pharmacy” means an establishment in which prescription or nonprescription drugs or devices are compounded, dispensed, or distributed. Ancillary retail items may be sold here.
(145) “Photographic Studio” means a retail establishment for the purpose of photographing subjects and processing photographs for commercial purposes, but not including photography requiring professional models.
(146) “Places of Worship/Religious Institution” means a building wherein persons regularly assemble for acts of religious devotion and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes a church, synagogue, temple, mosque, or other such place for worship and religious activities. Customary accessory uses include a wide range of religious activities, including a caretaker’s residence; fellowship halls, parish halls and similar buildings; rooms used for meetings, religious education, and similar functions; a gymnasium; a playground; the sale of items associated with the practice of religion; and faith-based social services such as homeless shelters, group homes, and soup kitchens.
(147) “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.
(148) “Permitted Use (Use Permitted by Right)” means any use requiring no special action by any governmental body, agency, or staff member before the zoning permit is granted by the Zoning Officer, subject to all other applicable provisions of this code.
(149) “Private Club” means any corporation or unincorporated association meeting the definition of private club in West Virginia Code Section 60-7-2(a), and licensed and in compliance with West Virginia Code, Chapter 60, Article 7, to sell liquor, beer, and wine.
(150) “Professional Services” means any office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents, and others who are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing, or other administrative functions, but not including banks or other financial institutions and personal services.
(151) “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.
(152) “Public Art” means items expressing creative skill or imagination in a visual form, such as painting or sculpture, which are intended to beautify or provide aesthetic influences to public areas or areas which are visible from the public realm.
(153) “Recreation, Private” means an enterprise operated by an individual or non]profit association or corporation, other than a public entity, for the pursuit of sports and recreational activities, including but not limited to such establishments as country clubs, golf courses, sports clubs, golf practice facilities, playing fields, tennis or racquet clubs, swimming pools, and similar facilities.
(154) “Recreation, Public” means an enterprise owned and operated by a public entity, available to the general public, whether or not an admission fee is charged, including either indoor or outdoor facilities for the pursuit of sports, recreation, or leisure activities, including but not limited to parks, playgrounds, playing fields, fishing access, golf courses, golf or batting practice facilities, tennis courts, swimming pools, and similar facilities.
(155) “Research and Development” means investigative activities a business conducts to improve existing products or services or to lead to the creation of new products and procedures that do not involve the mass manufacture, fabrication, processing, sale of products; or a structure or complex of structures designed or used primarily for research development functions related to industry and similar fields of endeavor.
(156) “Resident Brewer” means any brewer or manufacturer of nonintoxicating beer or nonintoxicating craft beer whose principal place of business and manufacture is located in the state of West Virginia and which does not brew or manufacture more than twenty-five thousand barrels of nonintoxicating beer or nonintoxicating craft beer annually, and does not self-distribute more than ten thousand barrels thereof in the state of West Virginia annually.
(157) “Restaurant” means a commercial establishment with an equipped kitchen where food and beverages are prepared, served, and consumed primarily on the premises and where food sales constitute more than sixty (60) percent of the gross sales receipts.
(158) “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:
i. 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
ii. The establishment includes a drive up or drive through service facility or offers curb service.
(159) “Retail Store” means a business having as its primary function the supply of merchandise or wares to the end consumer. Such sales constitute the gprimary functionh of the business when such sales equal at least eighty (80) percent of the gross sales of the business. Divided into three classes of retail stores based on gross floor area:
i. Retail Store/Shop <7,000 feet of gross floor area.
ii. Retail Store/Shop 7,000 to 25,000 feet of gross floor area.
iii. Retail Store/Shop >25,000 feet of gross floor area.
(160) “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.
(161) “Roadside Vendor Stand” means location, trailers, truck beds, or similar facilities offering products for sale which are not produced on the immediate premises. (Passed 10-3-17.)
(162) “Salvage Yard” or “Junkyard” means any place which is maintained, operated, or used for the storing, keeping, buying, selling or processing of junk, scrap material, or similar waste, including the dismantling, demolition or abandonment of automobiles, other vehicles, machinery, or parts. Junkyard shall be synonymous with salvage yard. Two or more vehicles not in operating condition constitute a salvage yard. Salvage yards are prohibited in all zones within the City of Moundsville.
(Ord. 9-19-19.)
(163) “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.
(164) “School, Commercial” means an educational establishment to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to educational establishments that are owned and operated privately for profit.
(165) “School, Pre-school to 12" means an educational establishment offering educational between pre-school through twelfth (12th) grade. Schools can be public or private, licensed in accordance with the West Virginia Code.
(166) “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.
(167) “Self-Storage Facility” means a building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.
(168) “Senior Independent Housing” means a single-family or multi-family development intended for, operated for and designed to accommodate residents 55 years of age or older. Senior independent housing communities are designed for seniors who are able to live independently or need assistance with daily care..
(169) “Setback” means the minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
i. “Front Setback” means the shortest distance between the building setback line and the front lot line.
ii. “Rear Setback” means the shortest distance between the building setback line and the rear lot line.
iii. “Side Setback” means the shortest distance between the building setback line and the side lot line.
(170) “Sewage Treatment Facility” means a facility designed to receive the wastewater from both residential and nonresidential sources and to remove materials that damage water quality and threaten public health and safety when discharged into receiving streams or bodies of water.
(171) “Shopping Center” means a group of retail and other commercial establishments that is planned, owned, and managed as a single property.
(172) “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) visible to and designed to communicate information to persons in a public area. However, the term “sign” does not include holiday displays, or architectural features, except those that identify products or services or advertise a business use.
i. “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 and are included in the term “portable sign.”
ii. “Animated Sign” means a sign or part of a sign that is designed to rotate, move, or appear to rotate or move. Such a sign is sometimes referred to as a “moving sign.”
iii. “Awning Sign” means a sign placed directly on the surface of an awning.
iv. “Banner” means a temporary sign of flexible material affixed to a framework or flat surface.
v. “Canopy Sign” means a sign attached to a canopy, which 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.
vi. “Chalk-Board Sign” means a single-faced, framed slate, or chalk-board that can be written on with chalk or similar markers.
vii. “Changeable Copy Sign” means a sign or part of a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or surface of the sign.
viii. “Commercial Sign” means any sign that advertises a business.
ix. “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.
x. “Flashing Sign” means a sign that includes lights that flash, blink, or turn on and off intermittently.
xi. “Freestanding Sign” or “Ground-mounted Sign” or “Pole Sign” means any non-portable sign supported by a fence, retaining wall, or by pole, upright structural members, or braces on or in the ground and not attached to a building.
xii. “Illegal sign” means any sign erected without obtaining a required permit or which otherwise does not comply with any provision of this code.
xiii. “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.
xiv. “Minor Sign” means a wall or freestanding sign not exceeding one (1) square foot in area, not exceeding four (4) feet in height, and not illuminated.
xv. “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; not a pole sign.
xvi. “Neon Sign” means a sign containing exposed tubes filled with light-emitting gas.
xvii. “Non-commercial Sign” means any sign other than a commercial sign.
xviii. “Off-premises sign” means a sign that directs attention to a business, product, service or activity conducted, sold, or offered at a location other than the premises on which the sign is erected.
xix. “Portable sign” means any temporary sign not affixed to a building, structure, vehicle, or the ground. It does not include a flag or banner.
xx. “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.
xxi. “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.
xxii. “Temporary Sign” means any sign intended to be displayed for a limited period of time not to exceed thirty (30) days.
xxiii. “Vehicle or Trailer Sign” means any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service, or activity 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.
xxiv. “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.
xxv. “Wicket Sign” means a sign with an H- or U-shaped frame that is put into the ground or placed above the ground.
xxvi. “Window Sign” means any sign visible outside the window and attached to or within eighteen (18) inches in front of or behind the surface of a window or door.
(173) “Sign Face” means the portion of a sign structure bearing the message.
(174) “Sign Structure” means any structure bearing a sign face.
(175) “Solar Energy System” means an energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy or heating requirements of the on-site user, or which is to be sold to a utility company to be used by others, or sold directly to other users. A Solar Energy System may be ground mounted (i.e., placed on top of the ground surface) or roof mounted (i.e., placed on or as an integral part of a building).
i. “Small solar energy system” means solar energy systems installed for personal use in residences, commercial properties, and institutions.
ii. “Large solar energy system” means solar energy systems installed on large parcels of land for the purpose of generating revenue or utility-scale systems installed to benefit the community or an entire institution.
(176) “Solid Waste Disposal Areas/Facility” means any system, facility, land, contiguous land, improvements on the land, structures, or other appurtenances or methods used for processing, recycling, or disposing of solid waste, including landfills, transfer stations, materials recovery facilities, mixed waste processing facilities, sewage sludge processing facilities, commercial composting facilities, and other such facilities not herein specified, but not including land upon which sewage sludge is applied in accordance with the West Virginia Code. Such facility is situated in the county where the majority of the spatial area of such facility is located.
(177) “Special Flood Hazard Area” means the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-percent annual chance flood is also referred to as the base flood or 100-year flood.
(178) “Specified Anatomical Areas” 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.
(179) “Stealth, Technology” means telecommunications facilities which are designed to be compatible with the surroundings and which camouflage or partially conceal the presence of telecommunications towers and facilities, including telecommunication facilities erected on alternative structures such as ball field light poles, electric utility poles, water towers and similar existing structures.
(180) “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.
(181) “Studio, Dancing, Music, or Art” means a facility used for the rehearsal or performance of performing arts, such as music, dance or theatre; teaching classes in creative arts, such as painting, drawing, sculpting, potting, or beading or otherwise creating art; or for the display or sale of art in general or during special events. Food and alcoholic beverages may be served and fees charged as accessory uses during special events.
(182) “Tattoo Parlor/Body Piercing Studio” means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or both of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
(183) “Tavern/Drinking Establishment/Bar” means an establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises and which may offer food for consumption on premises as an ancillary use.
(184) “Telecommunications, Class I” means facilities that include but are not limited to such facilities as ham radio antennas, am/fm reception. No Class I facility may be utilized for cellular phone reception.
(185) “Telecommunications, Class II” means facilities that include but are not limited to such facilities as antennas and associated electronic equipment designed expressly for use by cellular phone companies, as regulated under the Federal Telecommunication Act of 1996, that are not intended to be supported by or attached to a new telecommunications tower, as defined. They may be attached to existing, permitted tower structures, or to existing structures not originally intended to support telecommunications facilities, as provided for in this code.
(186) “Telecommunications, Class III” means facilities that include but are not limited to such facilities as antennas and associated electronic equipment that is supported by or attached to a new telecommunications tower, as defined herein, and is designed expressly for use by cell phone companies, as regulated under the Federal Telecommunications Act of 1996.
(187) “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.
(188) “Temporary Shelter” means a structure or part thereof, operated on a non]profit basis to temporarily house families or individuals who are victims of disaster, who are affected through action on the part of or on behalf of the municipality other than routine redevelopment related relocation activities, or who have bona fide emergency housing needs.
(189) “Theater” means a building or part of a building devoted to presenting motion pictures or live performances.
(190) “Tourist Home” or “Boarding House” or “Rooming House” means a dwelling, other than hotel, motel, or restaurant, advertised as supplying overnight lodging wherein one or more persons are sheltered and/or fed for profit. No cooking or dining facilities are provided in individual rooms.
(Passed 10-3-17.)
(191) "Tourist or Trailer Camp" means an area containing travel trailers, pick-up coaches, and motorized homes designed or intended to be used as temporary living facilities for one or more families. This includes any area commonly referred to as an RV Park or by other name where lots are rented for living purposes, as opposed to recreational camping, whether rented to temporary workers in the area or to others.
(Passed 8-20-19.)
(192) “Towing Business or Tow Truck Service” means a business that provides the service of towing vehicles that have been wrecked, impounded or not operating properly.
(193) “Tow or Impound Yard” means a property that is utilized by a Towing Business or Tow Truck Service for the temporary open storage of impounded, wrecked or nonoperational vehicles for a period of time not exceeding sixty (60) days. (Passed 1-20-20.)
(194) “Trailer, Camping and Recreational Equipment" means travel trailers, pickup coaches, motorized homes and recreational vehicles and equipment as follows:
i. "Travel Trailer" means a portable structure built on a chassis, designed to be towed and used as a temporary dwelling.
ii. "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.
iii. "Motorized Home" means portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
iv. "Boat" means a vessel designed to travel on water.
v. "Boat Trailer" means a trailer designed to haul a boat as defined above. (Passed 8-20-19.)
(195) “Travel Plaza” means a public facility, located next to a large thoroughfare such as a highway, expressway, or freeway at which drivers and passengers can rest, eat, or refuel without exiting onto secondary roads.
(196) “Truck Terminal ” means a facility where freight is unloaded from interstate trucks or intermodal trailers and containers carried on the railroad and loaded onto local delivery trucks.
(197) “Urban Agriculture” means land used for beekeeping, community gardens, keeping up to six hens, and other small-scale agricultural activities.
(198) “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.
(199) “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.
(200) “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.
(201) “Vehicle Repair/Service/Sales/Rental” means any building, structure, improvements, or land used for the repair or maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo equipment, or cellular telephones.
(202) “Video Gaming or Lottery Establishment” means an establishment at which any form of gambling of chance is permitted or played, including “video lottery” machines licensed by the West Virginia Lottery Commission pursuant to the West Virginia Code, but excluding establishments that only sell lottery tickets.
(203) “Warehouse” means a facility characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production.
(204) “Water Treatment Plant” means facilities that treat water and produce potable water for public consumption.
(205) “Wholesale Establishment” means the sale of commodities to retailers or jobbers, including the sale of commodities for the purpose of carrying on any trade or business even if the said trade or business is the consumer or end user of the commodity.
(206) “Wind Energy System” means any electric generation facility whose main purpose is to convert and store wind energy into usable forms of energy which includes the wind turbine(s), structural supports, electrical infrastructure, and other appurtenant structures and facilities. Consisting of a maximum of one (1) wind turbine per parcel of land.
(207) “Winery” means an establishment where wine is manufactured or in any way prepared in accordance with the West Virginia Code.
(208) “Yard” means open space that lays between the principal building or buildings and the nearest lot line. The minimum required yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this code. Yards are further classified as front, rear, and side:
i. “Yard, Front” means a space extending the full width of the lot between the architectural front of a building and the front lot line or the fronting street right-of-way measured perpendicular to the building at the closest point to the front lot line.
ii. “Yard, Rear” means a space extending across the full width of the lot between the architectural rear of the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. Rear yards extend from the back of a building to a property line.
iii. “Yard, Required” means the open space between a lot line and the yard line and the façade of a building within which no structure may be located except as permitted by this code.
iv. “Yard, Side” means a space extending from the front yard to the rear yard between the principal building façade and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building façade.
(209) “Zoning” means the division of a municipality or county into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones.
(210) “Zoning Officer” means the person designated by the City of Moundsville through the Board of Zoning Appeals to administer and enforce the provisions of this code.
(211) “Zoning Ordinance” means the Zoning Ordinance of the City of Moundsville, passed October 17, 2017, and amendments thereto.
(Passed 10-3-17.)
Art. 1351. Districts Established; Classification of Districts.
Art. 1352. R-1: Residential Single-Family.
Art. 1353 Residential Multi-Family.
Art. 1354. C-1: Corridor Commercial.
Art. 1355. C-2: Historic and Neighborhood Commercial.
Art. 1356. M: Mixed-Use.
Art. 1357. R-C: Recreation-Conservation.
Art. 1358. I: Industrial.
Art. 1359. RO: Riparian Overlay.
Art. 1361. Conditional Use Standards.
Art. 1362. Supplemental Regulations.
Art. 1364. Signs.