For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. 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 resuming the nonconforming use of the property for a period of one year.
ABOVE-GROUND/ON GROUND POOL. See PRIVATE SWIMMING POOL.
ACCESSORY BUILDING. An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.
ACCESSORY USE. A use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to, and customarily found in connection with, such primary use.
ADDICTION TREATMENT CENTER. Any outpatient or inpatient service providing diagnostic or therapeutic services for alcoholism, drug abuse or similar conditions. Clinics and professional offices or similar uses that provide addiction treatment counseling to individuals as part of a larger practice are not ADDICTION TREATMENT CENTERS.
ADULT BOOKSTORE. Any commercial establishment in which is offered for sale as a substantial or significant portion of its stock in trade cassettes, 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.
ADULT BUSINESS. An adult bookstore, commercial movie theater or movie house, or other adult entertainment as defined herein. In the event that an activity or business which might fall under a use category other than adult business is combined with and/or includes activities which constitute an adult bookstore, adult movie or movie house or adult entertainment as defined herein, then such activity or business shall constitute an ADULT BUSINESS and shall be governed by those provisions in this chapter applicable to any other use category.
ADULT DAY CARE CENTER. A use providing supervised care and assistance primarily to persons who are over age 60, mentally retarded or physically handicapped who need such daily assistance because of their limited physical abilities, Alzheimer disease or mental retardation. This use shall not include persons who need oversight because of behavior that is criminal or violent. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week.
ADULT ENTERTAINMENT. A commercial establishment providing, either as a sole use or in connection with or in addition to other uses, entertainment consisting of any exhibition, display or dance which involves the exposure to view of any portion of the female breast below the top of the areola, male genitals, female genitals or the pubic hair, anus or cleft of the buttocks of any person or male genitals in a discernibly turgid state even if completely and opaquely covered.
ADULT MOVIE THEATER or ADULT MOVIE HOUSE (INCLUDING ADULT MINI- THEATERS OR ADULT ARCADES). Any commercial establishment to which the public is permitted or invited, where for any form of consideration, films, motion pictures, video cassettes, slides or similar photograph reproductions are regularly shown depicting actual acts of masturbation, sexual intercourse, oral copulation, sodomy or displaying human genitals in a state of sexual stimulation, arousal, or tumescence or depicting excretory functions as part of or in connection with an of the activities set forth in this definition.
AGGRIEVED or AGGRIEVED PERSON. A person who:
(1) Is denied by the Planning Commission 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 county or municipality may suffer.
AGRICULTURE. The tilling of the soil, raising of crops, animals, horticulture, gardening, beekeeping and aquaculture.
ALLEY. Any public way or thoroughfare more than ten feet, but less than 16 feet, in width which has been dedicated to the public for public use and designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
ALTERATION. Any change, addition or modification in construction, occupancy or use.
AMUSEMENT ATTRACTION. Any building, structure or open area around, over or through which people may move or walk without the aid of any moving device integral to the building, structure or open area that provides amusement, pleasure, thrills or excitement by use of stationary amusement rides and kiddie rides. The term may include any concession stand or booth for the selling of food or drink or souvenirs that is located within the building, structure or open area.
AMUSEMENT CENTER. An establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting gallery, table games and similar recreational diversions within an enclosed building.
AMUSEMENT RIDE. A mechanical device which carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills or excitement. The term includes an amusement ride or amusement attraction that is erected in a single physical location for a period of more than 12 consecutive months, but may not be construed to mean of include any mechanical device which is coin operated.
ANIMATED SIGN. A sign employing actual motion or the illusion of motion. animated signs, which are differentiated from changeable signs as defined and regulated by this chapter, include the following types.
(1) ELECTRICALLY ACTIVATED. Animated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination of movement by simulating movement through employment of the characteristics of one or both of the classifications noted below.
(a) FLASHING. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this chapter, FLASHING will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.
(b) PATTERNED ILLUSIONARY MOVEMENT. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
(2) ENVIRONMENTALLY ACTIVATED. Animated signs or devices motivated by wind, thermal changes or other natural environmental input, and includes spinners, pinwheels, pennant strings and/or other devices or displays that respond to naturally occurring external motivation.
(3) MECHANICALLY ACTIVATED. Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
APARTMENT HOUSE. A residential building designed or used for three or more dwelling units.
APPLICANT or DEVELOPER. The owner of the land proposed to be subdivided or his or her representative. Consent shall be required from the legal owner of the premises.
ARCHITECTURAL PROJECTION. Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also AWNING; BACKLIT AWNING; and CANOPY, ATTACHED and FREESTANDING.
AUTOMOBILE PARKING SPACE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.
AUTOMOTIVE SELF-SERVICE STATION. That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment shall be permitted to offer for sale at retail other convenience items as a clearly secondary activity and shall be permitted also to include a freestanding automatic car wash.
AUTOMOTIVE SERVICE STATION. That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash service and food sales.
AWNING. An architectural projection or shelter projecting from and supported by the exterior wall of a building and comprised of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources.
AWNING SIGNS. A sign displayed on or attached flat against the surface or surfaces of an awning. See also WALL OR FASCIA SIGN.
BACKLIT AWNING. An awning with a translucent covering material and a source of illumination contained within its framework.
BANNER. A flexible substrate on which copy or graphics may be displayed.
BANNER SIGN. A sign utilizing a banner as its display surface.
BARRIER. A fence, a wall, a building wall, the wall of an above-ground swimming pool or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.
BASEMENT. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a BASEMENT unless such floor level qualifies as a first story as defined herein.
BED AND BREAKFAST FACILITY. A limited commercial activity, conducted within a structure, which includes dining and bathroom facilities with sleeping rooms for short-term guest lodging.
BILLBOARD. See OFF-PREMISES SIGN and OUTDOOR ADVERTISING SIGN.
BLOCK. Land, or a group of lots, bounded by streets or other rights-of-way, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines or waterways, or boundary lines of municipalities other than an alley, or land which is designated as a block on any recorded subdivision tract.
BOARDING HOUSE. A dwelling containing a single dwelling unit and not more than ten guest rooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than 30 days.
BOND. Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the governing body.
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and includes any structure.
BUILDING CODE. The International Building Code promulgated by the International Code Council, as adopted by the city.
BUILDING ELEVATION. The entire side of a building, from ground level to the roofline, as viewed perpendicular to the walls on that side of the building.
BUILDING HEIGHT. The vertical distance above the average existing grade measured to the highest point of the building, The height of a stepped or terraced building shall be the maximum height of any segment of the building.
BUILDING LINE. The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.
BUILDING PERMIT. A permit issued by a municipality or county, in accordance with this chapter, for the construction, erection, installation, placement, rehabilitation or renovation of a structure or development of land, and for the purpose of regulating development within flood-prone areas.
BUSINESS OR FINANCIAL SERVICES. An establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.
CANOPY (ATTACHED). A multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns as additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of lights. See also MARQUEE.
CANOPY (FREESTANDING). A multisided overhead structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
CANOPY SIGN. A sign affixed to the visible surface(s) of an attached or freestanding canopy.
CARPORT. A roofed structure open on at least two sides and used for the storage of private or pleasure-type vehicles.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.
CENTRAL WATER SYSTEM. A private water company formed by a developer to serve a new community development in an outlying area. It includes water treatment and distribution facilities.
CHANGEABLE SIGN. A sign with the capability of content change by means of manual or remote input, including signs which are:
(1) ELECTRICALLY ACTIVATED. Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations or alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See ELECTRONIC MESSAGE SIGN OR CENTER.
(2) MANUALLY ACTIVATED. Changeable sign whose message copy or content can be changed manually.
CHANGE OF USE. The change within the classified use of a structure or premises.
CITY. The City of Nitro, West Virginia.
CITY ATTORNEY. The licensed attorney designated by Council to furnish legal assistance for the administration of these regulations.
CITY COUNCIL. The governing body of the city.
CITY ENGINEER. The licensed engineer designated by Council to furnish engineering assistance for the administration of these regulations.
CLUB. Buildings or lands owned or operated by a corporation, association, fraternal organizations or persons for a social, education or recreational purpose, but not primarily for profit or to render a service that is customarily carried out as a business.
CODE or THIS CODE. The codified ordinances of the City of Nitro, West Virginia.
COLLECTOR ROAD. A road intended to move traffic from local roads to secondary arterials. A COLLECTOR ROAD serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.
COLUMBARIUM. A place for the respectful and usually public storage of urns holding the deceased’s cremated remains.
COMBINATION SIGN. A sign that is supported partly by a pole and partly by a building structure.
COMMERCIAL. Engaging in a business, commerce, enterprise, activity or other undertaking for a profit.
COMMERCIAL PARKING GARAGE. A building, other than a private garage, used for the parking of automobiles with or without a fee.
COMMERCIAL RETAIL SALES AND SERVICES. Establishments which engage in the sale of general retail goods and accessory services. Businesses within this definition include those which conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor “sidewalk” promotions); businesses specializing in sale of either general merchandise or convenience goods.
COMMERCIAL SCHOOL. A school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school).
COMMUNITY COMMERCIAL CENTER. A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A COMMUNITY COMMERCIAL CENTER shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket.
COMMUNITY SIGN. Temporary, on- or off-premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature announcing activities, promotions or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction-based nonprofit organization.
COMPREHENSIVE PLAN. A plan for physical development, including land use, adopted by the City Council, setting forth guidelines, goals and objectives for all activities that affect growth and development in the governing body’s jurisdiction.
CONDITIONAL USE. 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 the zoning regulations.
CONDOMINIUM. A common interest community in which portions of the real estate are designated for separate ownership and the remainder of the real estate is designated for common ownership solely by the owners of those portions. A common interest community is not a CONDOMINIUM unless the undivided interest in the common elements are vested in the owners.
CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.
CONTIGUOUS. 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.
CONVALESCENT CENTER. A facility which is publicly or privately operated and intended for long-term patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.
CONVENIENCE COMMERCIAL CENTER. A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A CONVENIENCE COMMERCIAL CENTER shall provide a small cluster of convenience shops or services.
COPY. Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.
CORNER LOT. A lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or intercept on does not exceed 135 degrees.
COURT. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DANCE HALL or DISCOTHEQUE. An establishment intended primarily for dancing and entertaining within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only.
DENSITY. The number of dwelling units which are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.
DESTINATION TOURISM CENTER. An area containing a minimum of 200,000 square feet of buildable space adjacent or complementary to a tourism attraction, and which provides a variety of entertainment and leisure options.
DEVELOPMENT COMPLEX SIGN. A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with this chapter.
DIRECTIONAL SIGN. Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
DOG RACING. The activity licensed under the authority of W. Va. Code Chapter 19, Article 23, as amended.
DOUBLE FACED SIGN. A sign with two faces, back to back.
DRIVEWAY. A private access road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel in which it is located.
DUPLEX DWELLING. A building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units.
DWELLING UNIT. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this chapter, for not more than one family, or a congregate residence for six or less persons.
EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The EASEMENT shall be permitted to be for use under, on or above said lot or lots.
EDUCATIONAL INSTITUTION. Public or parochial pre-primary, primary, grade, high, prepatory school or academy, junior college, college or university, if public or founded or conducted by or under the sponsorship of a religious or charitable organization.
ELECTRIC SIGN. Any sign activated or illuminated by means of electrical energy.
ELECTRONIC MESSAGE SIGN OR CENTER. An electrically activated changeable sign whose variable message capability can be electronically programmed.
ESCROW. A deposit of cash with the city in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited by the Commission in a separate account.
ESSENTIAL UTILITIES AND EQUIPMENT. Underground or overhead electrical, gas, communications not regulated by the Federal Communications Commission, water and sewage systems, including pole structures, towers, wires, lines, mains, drains, sewers, conduits, cables, fire alarm boxes, public telephone structures, police call boxes, traffic signals, hydrants, regulating and measuring devices and the structures in which they are housed, and other similar equipment accessories in connection therewith. ESSENTIAL UTILITY EQUIPMENT is recognized in three categories:
(1) Local serving;
(2) Nonlocal or transmission through the county or municipality; and
(3) Water and sewer systems, the activities of which are regulated, in whole or in part, by one or more of the following state agencies:
(a) Public Service Commission;
(b) Department of Environmental Protection; or
(c) The Department of Health and Human Resources.
EXISTING USE. Use of land, buildings or activity permitted or in existence prior to the adoption of a zoning map or ordinances by the county or municipality. If the use is nonconforming to this chapter and lawfully existed prior to the adoption of this chapter, the use may continue to exist as a nonconforming use until abandoned for a period of one year; provided, that in the case of natural resources, the absence of natural resources extraction or harvesting is not abandonment of the use.
EXTERIOR SIGN. Any sign placed outside a building.
FACTORY-BUILT HOME. See MODULAR AND MANUFACTURED HOMES.
FAMILY. An individual or two or more persons related by blood, marriage or adoption, or a group not to exceed six unrelated persons living together as a single housekeeping unit.
FAMILY DAY CARE. The keeping for part-time care and /or instruction, whether or not for compensation, of six or less children at any time within a dwelling, not including members of the family residing on the premises.
FARM ANIMALS. Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. FARM ANIMALS are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons; provided, that the term FARM ANIMALS shall not include any animals prohibited by state law or this code from being kept and maintained.
FASCIA SIGN. See WALL OR FASCIA SIGN.
FINAL PLAT. The map or plan or record of a subdivision and any accompanying material, as described in the subdivision regulations.
FLAG LOT. A lot so shaped and designed that the main building site is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.
FLASHING SIGN. See ANIMATED SIGN, ELECTRICALLY ACTIVATED.
FLEA MARKET. An occasional or periodic sales activity held within a building, structure or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.
FLOOD PRONE AREA. Any land area susceptible to repeated inundation by water from any source.
FLOOR AREA RATIO. The numerical value obtained by dividing the gross floor area of a building by the area of the lot on which the building is constructed.
FOOD DISTRIBUTION CENTER. Any location or site used to prepare and/or furnish meals to members of the public without cost or at a very low cost as a social service as defined herein; a FOOD DISTRIBUTION CENTER may perform its activities wholly within a structure, wholly outside of a structure, or any combination thereof. A FOOD DISTRIBUTION CENTER shall not be considered a restaurant.
FREESTANDING SIGN. A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.
FRONT YARD. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
FRONTAGE (BUILDING). The length of an exterior building or structure of a single premises oriented to the public way or other properties that it faces.
FRONTAGE (PROPERTY). The length of the property line(s) of any single premises along either a public way or other properties on which it borders.
FRONTAGE STREET. Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
GAMBLING ESTABLISHMENT. An establishment that offers any form of gambling or games of chance that is regulated under the provisions of the Limited Video Lottery Act codified in W. Va. Code 29-22-101, as amended.
GENERAL PLAN. The declaration of purposes, policies and programs for the development of the city.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet (1,524 mm) from the building.
GRAFFITI. Unauthorized marking on a structure.
GROSS ACREAGE. The overall total area of real property.
GROSS FLOOR AREA. The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof.
GROSS LEASABLE AREA (GLA). The total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet as measured from the centerline of joint partitions and from outside wall faces.
GROUND SIGN. See FREESTANDING SIGN.
GROUP CARE FACILITY. A facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons.
GROUP DAY CARE. An establishment for the care and/or instruction, whether or not for compensation, of seven or more persons at any one time. Child nurseries, preschools and adult care facilities are included in this definition.
GUEST ROOM. Any room or rooms used or intended to be used by a guest for sleeping purposes. Every 100 square feet of superficial floor area in a dormitory shall be considered to be a GUEST ROOM.
HABITABLE SPACE (ROOM). Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered HABITABLE SPACE.
HEAVY COMMERCIAL. An establishment or business which generally uses open sales yards, outside equipment storage or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumber yards, construction specialty services, heavy equipment suppliers or building contractors.
HEAVY MANUFACTURING. All other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.
HELIPORT. An area, either at ground level or elevated on a structure, licensed or approved for the landing, unloading, loading and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room and maintenance equipment.
HIGHWAY, LIMITED ACCESS. A freeway or expressway, providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
HISTORIC DISTRICT. 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.
HISTORIC LANDMARK. A site, building, structure or object designated as historic on a national, state or local register.
HISTORIC SITE. 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 historical, cultural or archaeological value regardless of the value of any existing structure and designated as historic on a national, state or local register.
HOME OCCUPATION. The partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof which is subordinate and incidental to the use of the dwelling for residential purposes.
HOMELESS PERSON. An individual who, or family which, lacks a fixed, regular and/or adequate nighttime residence.
HOMELESS SHELTER. A facility providing emergency housing with minimal supportive services for homeless persons whether they be individuals or families, that is intended for occupancy by the respective homeless person of 30 days or less in a given 12-month period.
HOSPITAL. An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices.
HOT TUB. See PRIVATE SWIMMING POOL.
HOUSE TRAILER. Any licensed or unlicensed trailer or other vehicle designed or used for living or sleeping purposes regardless of whether the wheels are attached or unattached, or a permanent or semi-permanent foundation is constructed underneath or any structures of a permanent nature are attached thereto.
HOUSEHOLD PETS. Dogs, cats, rabbits, birds, and other animals, maintained for family use only (noncommercial) with cages, pens and the like.
ILLUMINATED SIGN. A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated), or reflecting off its surface(s) (externally illuminated).
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device.
INDOOR PRIVATE SWIMMING POOL. Any private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of said structure.
INDOOR RECREATION. An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theatres and related amusements.
INDUSTRIAL OR RESEARCH PARK. A tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.
INFILL DEVELOPMENT. To fill in vacant or underused land in existing communities with new development that blends in with its surroundings.
IN-GROUND POOL. See PRIVATE SWIMMING POOL.
INTERIOR LOT. A lot other than a comer lot.
INTERIOR SIGN. Any sign placed within a building, but not including window signs. INTERIOR SIGNS, with the exception of window signs, are not regulated by this chapter.
IRREGULAR LOT. A lot whose opposing property lines are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.
JOINT OWNERSHIP. Among persons, the same owner; CONSTRUCTIVE OWNERSHIP for the purpose of imposing subdivision regulations.
KENNEL. Any lot or premises on which five or more dogs or cats over four months of age are kept, for compensation or not.
KIDDIE RIDE. An amusement ride or amusement attraction that is expressly designed for or offered to:
(1) Children age 12 or less;
(2) Persons who are 42 inches in height or less; and
(3) Persons who are 90 pounds in weight or less.
KITCHEN. Any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.
LANDSCAPING. The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth.
LIGHT COMMERCIAL. An establishment or business which generally has retail or wholesale sales, office uses or services that do not generate noise, or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.
LIGHT MANUFACTURING. The manufacturing, compounding, processing, assembling, packaging or testing of goods; or equipment, including 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.
LIMITED VIDEO LOTTERY/KENO. The lottery activity licensed under the authority of W. Va. Code Chapter 29, Article 22B, as amended.
LIVESTOCK. Means, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.
LOCAL ROAD. A road intended to provide access to other roads from individual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes.
LOT. A single parcel of land.
LOT AREA. The horizontal area within the lot lines of a lot.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT IMPROVEMENT. Any building, structure, place, work of art or other object, or improvement of the land on which it is situated constituting a physical betterment of real property, or any part of such betterment. Certain LOT IMPROVEMENTS shall be properly bonded as provided in the subdivision regulations.
LOT WIDTH. The mean horizontal distance across the lot between the side lot lines measured at right angles to the depth.
MAIN BUILDING. A structure in which is conducted the principal use of the lot on which it is situated.
MAJOR AUTOMOTIVE REPAIR. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, which is conducted within a completely enclosed building.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including, but not limited to, the subdivision of four or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements.
MANSARD. An inclined decorative roof-like projection that is attached to an exterior building facade.
MANUFACTURED HOME (MOBILE HOME). A structure, transportable in one or more sections, which in the traveling mode is eight body feet (2,438 mm) or more in width or 40 body feet (1,2192 mm) in length, or when erected on site is 320 square feet (29.7 m2) or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
MARINA. A facility for storing, servicing, fueling, berthing and securing and launching of private pleasure craft, including tour boats and river boats, that may include the sale of fuel, food and incidental supplies for the boat owners, crews, passengers and guests.
MARQUEE. See CANOPY (ATTACHED).
MARQUEE SIGN. See CANOPY SIGN.
MEDIUM MANUFACTURING. The manufacturing, compounding, processing, assembling, packaging or testing of good: or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.
MENU BOARD. A freestanding sign oriented to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more that 20% of the total area for such a sign utilized for business identification.
MINOR AUTOMOTIVE REPAIR. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, which is conducted within a completely enclosed building, but not including activities specified under AUTOMOTIVE REPAIR, MAJOR.
MINOR SUBDIVISION. Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the comprehensive plan or this chapter of this code.
MOBILE HOME PARK. A tract of land developed and operated as a unit with individual sites and facilities to accommodate two or more mobile homes.
MODEL HOME. A dwelling temporarily used as a sales office for a residential development under construction; said home being used for on-site sales and not for general real estate business.
MODULAR HOME. A factory-built home, other than a manufactured home, which meets all of the following requirements:
(1) Is designed only for erection or installation on a site-built permanent foundation;
(2) Is not designed to be moved once so erected or installed;
(3) Is designed and manufactured to comply with a nationally recognized model Building Code or an equivalent local ordinance, or with a state or local modular building ordinances recognized as generally equivalent to building ordinances for site-built housing; or
(4) To the manufacturer’s knowledge, is not intended to be used other than on a site-built permanent foundation.
MORTUARY, FUNERAL HOME. An establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.
MOTEL, HOTEL or INN. A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a BOARDING HOUSE and shall meet the requirements of that use. A HOTEL, MOTEL or INN may include a restaurant, nightclub, newsstand or tavern, provided that such uses are clearly accessory to the principal use of overnight accommodations.
MULTIPLE FACED SIGN. A sign containing three or more faces.
MULTIPLE UNIT DWELLING. A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, townhouses, or offered for rent.
NATURAL WATERWAYS. Those areas, varying in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the city.
NEIGHBORHOOD COMMERCIAL CENTER. A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A NEIGHBORHOOD COMMERCIAL CENTER shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant.
NEIGHBORHOOD PARK AND RECREATION IMPROVEMENT FUND. A special fund established by the City Council to retain moneys contributed by developers in accordance with the “money in lieu of land” provisions of the subdivision regulations within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of the subdivision.
NET ACREAGE. The remaining area after all deductions are made; with deductions including streets, easements for access, street dedications and similar areas.
NET FLOOR AREA. The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.
NONCONFORMING LOT. A lot whose width, area or other dimension did not conform to the regulations when this chapter became effective.
NONCONFORMING SIGN. A sign or sign structure or portion thereof lawfully existing at the time this chapter became effective, which does not now conform.
NONCONFORMING STRUCTURE. A building or structure or portion thereof lawfully existing at the time this chapter became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the zone in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building or land at the time this chapter became effective, which has been lawfully continued and which does not now conform with the use requirements of this chapter.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of the subdivision regulations.
OFF-PREMISES SIGN. See OUTDOOR ADVERTISING SIGN.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
ON-PREMISES SIGN. A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of products sold on, or the sale or lease of, the property on which it is displayed.
OPEN SPACE. Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. OPEN SPACE shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.
ORDINANCE or THIS CHAPTER. The City of Nitro planning and zoning ordinance.
OUTDOOR ADVERTISING SIGN. A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of products sold on, or the sale of lease of the property on which it is displayed.
OUTDOOR PRIVATE SWIMMING POOL. Any private swimming pool that is not an indoor swimming pool.
OUTDOOR RECREATION. An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.
OWNER. Any person, group of persons, firm or corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the subdivision regulations.
PARAPET. The extension of a building facade above the line of the structural roof.
PARI-MUTUAL WAGERING. The system of wagering occurring at a racing association licensed under the authority of W. Va. Code Chapter 19, Article 23, as amended, and includes pari-mutuel wagering on interstate and intrastate horse and dog racing as authorized in the said W. Va. Code Chapter 19, Article 23.
PARK. A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.
PARK AND RIDE FACILITIES. Parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting, or for access to recreation areas.
PARKING LOT. An open area, other than a street, used for the parking of automobiles.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PERMITTED USE. Any use allowed within a zoning district, subject to the restrictions applicable to that zoning district and is not a conditional use.
PERSON. A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, limited liability company, limited liability partnership, S-corporation, or any other form of business organization, its or their successors or assigns, or the agent of any of the aforesaid.
PLAN. A written description for the development of land.
PLANNED GROUP DWELLING. Two or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common.
PLANNED UNIT DEVELOPMENT (PUD). A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.
PLANNING COMMISSION. The Nitro Planning Commission for the City of Nitro, West Virginia.
PLAT. A map of the land development.
PLOT MAP. A plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.
POLE SIGN. See FREESTANDING SIGN.
POLITICAL SIGN. A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor sign shall not be considered a POLITICAL SIGN.
PORTABLE SIGN. Any sign not permanently attached to the ground or to a building or building surface.
POWER SAFETY COVER. A pool cover which is placed over the water area, and is opened and closed with a motorized mechanism activated by a control switch.
PREFERRED DEVELOPMENT AREA. A geographically defined area where incentives may be used to encourage development, infill development or redevelopment in order to promote well designed and coordinated communities.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
PRIMARY ARTERIAL. A road intended to move through traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas.
PRIMARY FACE OF BUILDING. The wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.
PRINCIPAL USE. A use which fulfills a primary function of a household, establishment, institution or other entity.
PRIVATE CLUB. A business activity licensed under the authority of W. Va. Code Article 60-7, as amended, where alcoholic beverages are dispensed for consumption on the premises and in which dancing or other forms of entertainment, excluding adult entertainment, are permitted and includes the term CABARET.
PRIVATE GARAGE. A building or a portion of a building not more than 1,000 square feet in area, in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
PRIVATE STREET. A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.
PRIVATE SWIMMING POOL. Any structure that contains water over 24 inches in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy in Use Group R-3 and which is available only to the family and guests of the householder. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
PROFESSIONAL OFFICE. Any office or business conducted that has been determined by the West Virginia Legislature to provide professional services.
PROJECTING SIGN. A sign other that a wall sign that is attached to or projects more than 18 inches from a building or wall or from a structure whose primary purpose is other than the support of a sign.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, treelawn, off-street parking area, lot improvement or other facility for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which city responsibility is established. All such improvements shall be properly bonded.
PUBLIC PLACE. Any lots, tracts or parcels of land, structures, buildings or parts thereof owned or leased by a governing body or unit of government.
PUBLIC SERVICES. Uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.
PUBLIC SWIMMING POOL. Any swimming pool other than a private swimming pool.
PUBLIC UTILITY STATION. A structure or facility used by a public or quasi-public utility agency to store, distribute or generate electricity, gas, telecommunications and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
QUASI-PUBLIC. Essentially a public use, although under private ownership or control.
QUORUM. A majority of the authorized members.
REAL ESTATE SIGN. A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
REAR YARD. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high water line and a line parallel thereto.
RECREATIONAL VEHICLE. A vehicular unit as defined in W. Va. Code Chapter 17A, other than a mobile home, whose gross floor area is less than 320 square feet, which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer or van.
RECYCLING FACILITY. Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.
REGIONAL COMMERCIAL CENTER. A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services, in full depth and variety.
REGISTERED ENGINEER. An engineer properly licensed and registered in the state.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the state.
REHABILITATION CENTER (HALFWAY HOUSE). An establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles. Customary uses and customary accessory uses for rehabilitation center activity do not include medical clinic, homeless shelter, food distribution or social services.
RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY. A use or building owned or maintained by an organized religious organization or nonprofit association determined by the Internal Revenue Service as qualified under § 501(c)(3) or (4) of the Internal Revenue Code, and used for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship. Customary uses and customary accessory uses for RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY do not include medical clinic, homeless shelter, food distribution, rehabilitation center or social services.
RENOVATION. Interior or exterior remodeling of a structure, other than ordinary repair.
REQUIRED YARD. The minimum setback from the property line as stated within this chapter.
RESTAURANT. An establishment which sells prepared food for consumption. RESTAURANTS shall be classified as follows:
(1) FAST FOOD RESTAURANT which is an establishment which sells food already prepared for consumption, packaged in paper, Styrofoam or similar materials, and may include drive-in or drive-up facilities for ordering;
(2) GENERAL RESTAURANT which is an establishment which is used primarily for the on-site preparation, sale, serving and consumption of food and non-alcoholic beverages, and, if also licensed as a private club, where alcoholic beverages by the drink may also be served for consumption on the premises as an accessory to the principal use as a restaurant; and
(3) TAKE-OUT RESTAURANT which is an establishment which sells food only for consumption off the premises.
RESUBDIVISION. A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
REVOLVING SIGN. A sign that revolves 360 degrees about an axis. See also ANIMATED SIGN, MECHANICALLY ACTIVATED.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or for another special use. RIGHT-OF-WAY for landplatting purposes means that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. RIGHTS-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such RIGHT-OF-WAY is established.
ROAD, CLASSIFICATIONS. The classification of each street, highway, road and right-of-way, based upon its location in the respective zoning districts of the city and its present and estimated future traffic volume and its relative importance and function as specified in the comprehensive plan of the city.
ROAD, DEAD-END. A road or a portion of a street with only one vehicular traffic outlet.
ROAD RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the street.
ROOF LINE. The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
ROOF SIGN. A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be ROOF SIGNS.
SALE or LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, device, interstate succession, or transfer, of an interest in a subdivision of part thereof, whether by metes and bound, deed, contract, plat, map, lease, devise, interstate succession or other written instrument.
SALVAGE YARD. Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires and bottles.
SAME OWNERSHIP. Ownership by the same person, corporation, firm entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner or associate, or a member of his or her family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
SECONDARY ARTERIAL. A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic-generating areas such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches and offices, and/or are designed to carry traffic from collector streets to the system of primary arterials.
SECONDARY SOCIAL SERVICES. Social services such as counseling, education and referral, training, indoor recreational facilities and similar services supportive to the primary social services offered at a social service facility. SECONDARY SOCIAL SERVICES may only be provided during day and evening hours and shall not include overnight accommodations.
SETBACK. The minimum required distance between the property line and the building line.
SHADE TREE. A tree in a public place, street, special easement or right-of-way adjoining a street as provided in the subdivision regulations.
SHELTER or MISSION. A facility whose general purpose is to provide temporary food, clothing or sleeping accommodations to persons, families or parts of families on a temporary occupancy who are homeless or displaced. Short term counseling during stay may also be provided. The SHELTER shall have appropriate supervisory personnel. Such facility must meet all applicable standards of the Department of Health, State Fire Marshal and any other federal, state, county or city agency which has regulatory power over said facility.
SHOPPING CENTER. A group of three or more retail business and service uses on a single site with common parking facilities.
SIDE YARD. An open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high water line.
SIGHTLINE. A three and one-half foot vertical zone, eye level of the driver of a vehicle, above the finished grade level of the cartway at the centerline of the right-of-way.
SIGHT TRIANGLE AREA. A triangle, two sides of which are formed by the intersection of street centerlines and the third side by the sight line.
SIGN. Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be SIGNS.
SIGN AREA. The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or “V” shaped sign shall be the area of the largest single face only. The area shall be computed as the area of the circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign.
SIGN COPY. Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
SIGN FACE. The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.
(1) In the case of panel or cabinet type signs, the SIGN FACE shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
(2) In the case of sign structures with routed areas of sign copy, the SIGN FACE shall include the entire area of the surface that is routed, except where interrupted by a reveal, border or a contrasting surface or color.
(3) In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy with the color of the building or structure.
(4) In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the SIGN FACE shall comprise the area within the contrasting background, or within the painted or illuminated border.
SIGN STRUCTURE. Any structure supporting a sign.
SINGLE-FAMILY DWELLING. Detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
SITE PLAN. A plan which outlines the use and development of any tract of land.
SKETCH PLAT. A sketch preparatory to the preparation of the preliminary plat (or subdivision plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Commission as to the form of the plat and the objectives of the subdivision regulations.
SOCIAL SERVICES. Any service regularly provided to the public to address public welfare and health such as, but not limited to, the provision of food and hygiene care.
SOCIAL SERVICE FACILITY (SSF). A facility, whether operated by a charitable organization or a church, that regularly provides social services and secondary social services as defined herein, and includes those services provided by an addiction treatment center, and/or a food distribution center. Medical uses such as physical therapy or similar uses are not provided by a SOCIAL SERVICE FACILITY.
SPA. See PRIVATE SWIMMING POOL.
SPECIAL CARE MANUFACTURED HOME. A home used as a temporary dwelling for a family member who is in need of special, frequent and routine care by reason of advanced age or ill health.
SPORTING EVENT. Any event licensed under the authority of the State Athletic Commission in W. Va. Code Chapter 29, Article 5A, as amended, or licensed under the authority of another agency of the state.
SPRAWL. Poorly planned or uncontrolled growth, usually of a low-density nature, within previously rural areas, that is land consumptive, auto-dependent, designed without respect to its surroundings, and some distance from existing development and infrastructure.
STORY. The portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused underfloor space shall be considered as a STORY.
STREET. A dedicated thoroughfare or public way such as a street, avenue, boulevard, highway, road, lane, alley and is not less than 16 feet in width.
STREET LINE. The line defining the edge of the legal width of a dedicated street right-of-way.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
SUBDIVIDER. Any person who:
(1) Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision;
(2) Directly or indirectly, sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel site, unit or plat in a subdivision;
(3) Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision; and
(4) Is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
SUBDIVISION. Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, unit, plots or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. SUBDIVISION includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing or developing, or offering to sell, lease or develop any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.
SUBDIVISION PLAT. The final map or drawing, described in the subdivision regulations, on which the subdivider’s plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the County Clerk for filing.
SWIMMING POOL. See PUBLIC SWIMMING POOL or PRIVATE SWIMMING POOL.
TEMPORARY BUILDING. A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
TEMPORARY SIGN. A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are not considered TEMPORARY SIGNS.
TEMPORARY USE. A use that is authorized by this chapter to be conducted for a fixed period of time. TEMPORARY USES are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks, carnivals, flea markets and garage sales.
THEATER. A building used primarily for the presentation of live stage productions, performances or motion pictures.
TINY HOUSE or TINY HOME. A single-family residential structure that satisfies the following requirements.
(1) Site requirements:
(a) If newly constructed, construction shall be in accordance with construction drawings and a site plan (drawn to scale or dimensioned to all lot lines to other structures on the same lot) indicating how the TINY HOUSE will be constructed and how it will be located on the building site, such drawings and site plan to first be submitted for approval to the City Building Official; TINY HOMES that are constructed shall be constructed upon permanent foundations meeting the 2015 International Residential Code Ch. 4; or
(b) If a factory built tiny home, it shall be installed in accordance with a site plan (drawn to scale or dimensioned to all lot lines and other structures on the same lot) indicating how the TINY HOUSE will be located on the building site, such site plan to first be submitted for approval to the City Building Inspector; provided, that, structures built to ANSI A119.5: Park Model Recreational Vehicle Standard shall not be acceptable as a TINY HOUSE. A factory built tiny house shall be permanently installed upon a permanent foundation meeting the 2015 International Residential Code Ch. 4.
(2) No TINY HOUSE unit shall be less than 13 feet in width.
(3) Minimum square footage shall not account for the required cooking facilities and toilet facility areas, which are required in addition to the minimum clear floor area of 120 square feet for a single occupant and 220 square feet for two occupants and 300 square feet for three occupants. The maximum number of occupants shall not exceed three.
(4) TINY HOMES must have at least one habitable room with not less than 120 square feet of clear floor area.
(5) Other habitable rooms must have not less than 70 square feet of floor area (except for kitchens).
(6) Habitable rooms must not be less than seven feet in any horizontal dimension.
(7) Ceiling heights must be a minimum seven feet in habitable spaces, hallways, bathrooms and toilet rooms.
(8) Ceiling height effect on floor area: portions of a sloped ceiling measuring less than five feet or a furred ceiling measuring less than seven feet from the finished floor; floor areas below these ceilings shall not be permitted to contribute to the minimum required habitable area or that room.
(9) TINY HOMES shall be provided with a kitchen sink, cooking appliances and refrigeration facilities each providing the minimum clear working space of 30 inches in front.
(10) Habitable rooms shall be provided with light and ventilation via operable glazing not less than 8% of floor area.
(11) TINY HOMES shall provide a heating facility capable of maintaining a minimum 68°F.
(12) TINY HOMES shall be provided with connection to an approved method of sewage disposal and an approved water supply to facilitate providing hot and cold water.
(13) Units shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
(14) Units shall meet the means of egress requirements of IRC R311.1 and the Emergency Escape and Rescue opening provisions of R310.1.1: Minimum opening area, height, width and operational constraints.
(15) Stairways shall not be less than 36 inches wide, have a maximum eight inch riser and nine inch tread unless built as a spiral stairway in accordance with R311.7.9.1. Ladders/”Ship ladders” are not approved.
(16) Electrical systems shall be in accordance with the 2014 National Electrical Code (as amended).
(17) TINY HOMES shall meet all zoning requirements: setbacks, lot sizes, off-street parking and the like in addition to any community protective covenant requirements where applicable.
(18) TINY HOMES shall meet all building thermal envelope requirements (as amended) of the 2009 ICC Energy Conservation Code.
(19) TINY HOMES are not a manufactured home as defined by West Virginia Code, and no regulation addressing a TINY HOME will apply to a manufactured home.
TOURISM ATTRACTION. A cultural or historical site, a recreation or entertainment facility, an area of natural phenomena or scenic beauty, a state crafts or products center or a tourism destination center, but shall not include only a lodging facility unless the lodging facility constitutes a portion of a tourism destination center.
TOWN HOUSE. A type of dwelling unit normally having two, but sometimes three, stories, usually connected to a similar structure by a common wall, and commonly sharing and owning in common the surrounding grounds.
TRAILER. A licensed or unlicensed piece of mobile equipment designed or constructed to be towed by a motor vehicle, on or off the public highways.
TRAILER PARK. A lot or premises occupied or designed for occupancy by two or more mobile homes.
UNDER CANOPY SIGN or UNDER MARQUEE SIGN. A sign attached to the underside of a canopy or marquee.
URBAN AREA. All lands or lots within the jurisdiction of a the Planning Commission.
USE. The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.
UTILITY. A public or private distribution service to the public that is regulated by the state’s Public Service Commission.
V SIGN. A signs containing two faces of approximately equal size, erected upon common or separate structures, positioned in a “V” shape with an interior angle between faces of not more than 90 degrees with the distance between the sign faces not exceeding five feet at their closest point.
VARIANCE. A deviation from the height, bulk, setback, parking or other dimensional requirements established by this chapter.
VOCATION SCHOOL or TRADE SCHOOL. A secretarial or business school or college when not publicly owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization, or a school conducted as a business enterprise for teaching instrumental music, dancing, barbering or hair styling, drafting, or for the teaching of industrial or technical arts.
WALL SIGN or FASCIA SIGN. A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.
WHOLESALE WAREHOUSE or STORAGE WAREHOUSE. A building or premises in which goods, merchandise or equipment are stored for eventual distribution.
WEST VIRGINIA LOTTERY TABLE GAMES. The games authorized under W. Va. Code Chapter 29, Article 22C, as amended.
WINDOW SIGN. A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
WRECKING YARD. Any place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled or handled.
YARD. An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this chapter.
ZERO LOT LINE DEVELOPMENT. Single-family dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line.
ZONING. The division of a municipality into districts which specify permitted and conditional uses and development standards for real property within the districts.
ZONING MAP. A map that geographically illustrates all zoning district boundaries within the city, as described within the zoning regulations, and which is certified as the official zoning map for the municipality or county.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 8-7-2018; Ord. passed 8-16-2019)