Except where specified in the following definitions, all words used in the Zoning Ordinance shall carry their customary meanings. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building"; and the word "occupied" or "used" shall include "arranged, designed, constructed, altered, converted, rented, leased, or intended to be used"; and the word "shall" is intended to be mandatory and the word "abut" shall include the words "indirectly across from."
(1) "Accessory use or structure" means a use or structure subordinate to and located on the same lot as the principal use or building, and serving a purpose customarily incidental to the use of the principal building.
(2) "Alley" means a public or private way affording access to abutting property.
(3) "Board or "Board of Zoning Appeals" means the City of Princeton Board of Zoning Appeals.
(4) "Building" means any structure having a roof supported by columns or walls, used for the shelter, housing or enclosure of persons, animals or property.
(5) "Building coverage, maximum" means the maximum ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located, including covered porches, carports, and breezeways, but excluding open patios.
(6) "Building height" means the vertical distance of a building measured from the average level of the highest and lowest portion of the building site covered by the building to the ceiling of the uppermost story.
(7) "Building line, or front setback" means an imaginary line located a fixed distance from the front property line, which separates the required front yard space from the area where the front of the principal building or structure may be constructed.
(8) "Building, principal" means a building in which is conducted the main or principal use of the lot on which it is situated.
(9) "Commercial" means a district or structure designed to accommodate office uses, business activity, retail and wholesale trade and service establishments.
(Passed 12-17-79.)
(10) “Commercial vehicle” means a vehicle or motor vehicle that is designed to promote or accommodate business activity, retail and wholesale trade, office uses, or commercial deliveries; a vehicle or motor vehicle that is placed for hire by the owner or user thereof; or a vehicle or motor vehicle that is otherwise classified as commercial by the State of West Virginia or the United States of America.
(Passed 4-13-98.)
(11) "Commission or Planning Commission" means the Planning Commission of the City of Princeton.
(12) "Council" means the City Council of the City of Princeton.
(13) "District or Zone" means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof, apply under the provisions of the Zoning Ordinance.
(14) "Dwelling" means any building, vehicle, structure or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. The term "dwelling" shall not be deemed to include a mobile home park, rooming house, tourist home, hotel, motel, hospital or nursing home. In the following set of definitions, dwelling structures are classified in accordance with basic design features which afford a suitable point of reference for the regulation of dwelling unit density. They are not classified in accordance with any form of tenure arrangement, since the use of any type of residential or nonresidential, unit may be enjoyed by means of a single ownership, joint ownership (condominium) or rental agreement which would have no effect upon density or any other aspect of development subject to zoning regulation.
A. "Dwelling, single-family" means a detached building designed for or occupied exclusively by one family.
B. "Dwelling, two-family" means a detached or semi-detached building where not more than two individual families or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement or cellar.
C. "Dwelling, mobile home" means a transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
D. "Dwelling, multi-family" means a building designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units. Such buildings shall consist of the following types:
1. "Medium density dwellings" means a multi-family dwelling containing up to twelve dwelling units per acre and not exceeding three stories in height.
2. "High density dwellings" means a multi-family dwelling containing over twelve dwelling units per acre.
3. "Apartments" means a multi-family dwelling occupied as separate living quarters for more than two families with direct access from the outside or through a common hall, and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of each family.
4. "Townhouse" or "Row house" means a multi-family dwelling containing three to six attached dwelling units and not exceeding two and one-half stories in height, with individual separate access from the outside to each unit, and firewalls constructed in accordance with the requirements of the Southern Standard Building Code between each repair of adjoining units.
5. "Garden apartments" means a multi-family dwelling containing six to twelve units and not exceeding three stories in height.
6. "Conversion apartment" means a dwelling originally designed or intended for single-family use, which has been remodeled or converted into two or more separate living units. (see Section 1381.06.)
(15) "Dwelling unit" means one or more rooms, including a kitchen or kitchenette and sanitary facilities in a dwelling structure designed as a unit for occupancy by not more than one family for living and sleeping purposes.
(16) "Essential services" includes the provision of gas, electrical, steam, communication, telephone, sewer, water, public safety and other similar services. The facilities required to provide such services shall consist of:
A. Limited facilities, including equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm hydrants and other similar equipment which does not require enclosure within a building or which can be constructed within a public right of way.
B. Major facilities, including equipment which requires enclosure within a building or construction on its own site, such as gas storage areas, electrical substations, telephone exchanges and telephone booths.
(17) "Family" consists of one or more persons each related to the other by blood or adoption, together with such blood relatives' respective spouses, who are living together in a single dwelling and maintaining a common household. "Family" includes any domestic servants but not more than one guest residing with such "family".
(18) "Home occupation" means a use clearly incidental and secondary to the residential use of the premises upon which it is conducted. Home occupations include professional offices; the training or tutoring of up to four adults in small classes; nursery school classes, limited to no more than ten children; custom dressmaking, millinery or tailoring; women's beauty salons, and barber shops.
(19) "Hotel" means a building containing rooms without individual cooking facilities for the temporary accommodation of persons for compensation. A hotel may include dining and entertainment facilities, plus other general purpose rooms incidental to the rooming and boarding of guests, such as lobbies, storage rooms, kitchens, laundry rooms, servants' quarters and parlors.
(20) "Junk" includes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys; and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles and/or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used tires, used boxes or crates, used pipe or pipe fittings, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but appropriate for dismantling.
(21) “Junkyard” consists of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking, and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.
(22) "Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use, and uses accessory or incidental to the operation thereof, together with such open spaces as required by the Zoning Ordinance, and having frontage on a public street.
A. "Lot corner" means a lot situated at and abutting the intersection of two streets.
B. "Lot, depth" means the mean horizontal distance between the front and the rear lot lines.
C. "Lot lines" means the property lines bounding the lot.
1. Lot line, front means the line separating the lot from a street right of way.
2. Lot line, rear means the lot line opposite and most distant from the front lot line.
3. Lot line, side means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
4. Side yard or corner lot means any corner lot shall have a side yard equal in width to the minimum front yard setback of any adjoining lot fronting on the side street. In any case, the minimum side yard shall be ten feet.
D. Lot width means the width of the lot between side lot lines as measured at the front building line, as prescribed by the front yard regulations.
E. Lot area means the computed area contained within the lot lines.
(Passed 12-17-79)
(23) Mobile units, mobile offices, motor homes, and camping trailers: Used synonymously and shall mean any building so designed and constructed in such a manner as will permit occupancy thereof for living or sleeping purposes, or the conduct of any business, profession, occupation or trade, and so designed that it is or may be mounted on wheels and moved as a conveyance on highways or City streets to facilitate movement from place to place, propelled or drawn by its own or other motive power.
A. Location: generally: It shall be unlawful for any person to place, keep or maintain a mobile unit on any land located within the City, or to permit, allow or suffer any mobile unit to be placed, kept or maintained on any land owned or controlled by him within the City, except in a mobile home park or auto trailer park, or for temporary use not to exceed one month for which a permit has been issued by the City Clerk.
B. Storage of motor homes and camping trailers: Nothing in this section shall be deemed to prohibit the storage of any camping trailer or motor home on the home premises of its owner for any length of time when not used for living or sleeping purposes. Being stored, it shall be placed on the rear yard of the premises. (Passed 7-2-92)
(24) "Mobile home lot" means a parcel of land in a mobile home park improved with utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
(25) "Mobile home park" means a parcel of land at least five acres in size under single ownership, which has been planned and improved for occupancy by mobile homes for nontransient use, and consists of two or more mobile home lots.
(26) "Motel" means a hotel abutting a highway or major traffic artery, designed primarily for access by automobile, and used by motorists. At least four off-street parking spaces shall be provided for every three sleeping rooms.
(27) "Nonconforming lot" means any lot which does not conform with the minimum width, depth and area dimensions specified for the district where such a lot is situated.
(28) "Nonconforming structure" means a structure or part of a structure which does not comply with the use, front setback, yard or area requirements applicable to the district in which the structure is situated, under provisions of the Zoning Ordinance, where as such structure or part of structure had been lawfully in existence prior to the enactment of the Zoning Ordinance. Such nonconforming structures include, but are not limited to, principal use buildings, accessory buildings and signs.
(29) "Nonconforming use" means a use, whether of land or structure, which does not comply with the use regulations applicable to the district where the use is situated under provisions of the Zoning Ordinance, whereas, such use had been lawfully in existence prior to the enactment of the Zoning Ordinance.
(30) "Nursing home" means any premises containing sleeping rooms used by persons who are lodged and furnished with meals and nursing care.
(31) "Parking facilities" means paved outdoor areas used for the storage of vehicles, or of specially designed buildings or garages used for the same purpose. Private parking facilities shall be restricted to use by persons residing on the premises or residing in the immediate vicinity of such facilities or by their guests. Public parking facilities shall be open to the public as an accommodation for customers, clients or visitors.
(32) "Parking space" means an off-street space having an area of not less than 200 square feet whether outside or inside a structure, used exclusively as a parking, turning and access stall for one vehicle. Every off-street parking space shall be accessible from a public right of way.
(33) "Patio" means an outdoor terrace or courtyard designed as an accessory use to a structure, which shall be completely unenclosed except for fences, shrubs, hedges or any side which may adjoin the structure. Any outdoor area enclosed by a permanent roof or awning shall be considered to be a structure.
(34) "Permit" means a document issued by the City, authorizing an applicant to undertake certain specified activities.
A. "Building permit" means a permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with the construction provisions of any Building Code which may be adopted by the City and authorizing an applicant to commence with construction, alteration, or reconstruction. Such a permit shall not be confused with a Zoning Permit or with an Occupancy Permit as required under the terms of the Zoning Ordinance.
B. "Zoning Permit" means a permit issued indicating that a proposed use, building or structure is in accordance with the provisions of the Zoning Ordinance and authorizing an applicant to proceed with such use, building or structure.
C. "Occupancy permit" means a permit issued upon completion of a construction of a structure, or change in use of structure or parcel of land indicating that the premises comply with the provisions of the Zoning Ordinance and may be used for the purposes set forth in the occupancy permit.
(35) "Permitted use" means any use which does not require special action by the Board before a zoning permit is granted by the Zoning Official.
(36) "Planned Residential Development (PRD)" means a planned residential complex consisting of single-family, two-family or multi-family dwellings, or a combination thereof, on a tract of land at least ten acres in size under single ownership or control. Such PRD shall be in conformance with the regulations provided in Section 1381.10
, rather than those normally applicable to the district wherein it is situated.
(37) "Porch" means a roofed or unroofed structure projecting from the front, side, or rear wall of a building, which shall have no exterior wall more than thirty inches high, and which shall be open on all sides except for the side adjoining the building.
(38) "Private garage" means a detached building or attached structure accessory to a dwelling unit, which contains storage space for not more than three vehicles, one of which may be commercial, and which is intended for use by the members of the family residing in the dwelling unit.
(39) "Professional office" includes the office of a physician, dentist, optometrist, minister, architect, landscape architect, city planner, engineer, insurance man, realtor, accountant, lawyer or author.
(40) "Public garage" means a building other than a private garage, used for the storage or repair of motor vehicles.
(41) "Public notice" means notice given in advance of a public hearing as required under West Virginia Code Article 8-24 and Article 59-3 et seq. In the case of public hearings held by Council with regard to the adoption of this or any subsequent Zoning Ordinance, the date, times and places of such hearings shall be specified in notices to be published within fourteen consecutive days next preceding the respective dates set for the hearings, as Class II legal advertisements in a newspaper of general circulation in the Municipality. In the case of a public hearing held by the Planning Commission to amend, supplement, change or repeal the rules of a Zoning Ordinance already in effect, notice shall be published as a Class I legal advertisement in a newspaper of general circulation in the Municipality, fifteen or more days prior to the date set forth for such hearing. In the case of a hearing to be held before the Board of Zoning Appeals, in connection with an appeal taken from any order, requirement, decision or determination made by the Zoning Official in his interpretation or enforcement of the rules or regulations of the Zoning Ordinance, adopted pursuant to West Virginia Code 8- 24-39 to 49, notice setting forth the location of the premises in question, the matter appealed, and the date, time and place of such hearing shall be published at least thirty days prior to the date of the hearing, as a Class I legal advertisement in a newspaper having general circulation in the Municipality.
(42) "Rooming house" means a building containing a single dwelling unit and rooms for the rooming and/or boarding of two or more persons for compensation.
(43) "Sign, advertising or off-premises" means an advertising or off-premises sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the lot or premises where such sign is located or affixed.
(44) "Sign, business or on-premises" means a business or on-premises sign which directs attention to a business or profession conducted, or to a service offered upon the same premises where such sign is located.
(45) "Sign, gross surface area of" means that area designed to be covered by the sign face. It is enclosed within a single continuous perimeter and does not include any post, stanchion, arm, bracket, other mounting structure or hardware.
(46) "Sign, types of":
A. "Billboard (poster panel)" means a board, panel or tablet used for the display of printed or painted advertising matter. This type of sign is not permitted in Residential or Commercial Districts.
B. "Ground or free-standing sign" means a sign supported in or upon the ground surface.
C. "Poster panel" see billboard.
D. "Projecting sign" means a display sign which is attached directly to the building wall and which extends more than fifteen inches from the face of the wall.
E. "Roof sign" means a display sign which is erected, constructed and maintained above the roof of a building. This type of sign is not permitted.
F. "Temporary sign" means a display, banner or other advertising device constructed of cloth, canvas, fabric or other light temporary material, with or without a structural frame, intended for a limited period of display.
G. "Wall sign" means a display sign which is painted on or attached directly to the building wall and which extends not more than fifteen inches from the face of the wall.
(47) "Special use" means a use which because of its unique characteristics requires individual consideration in each case by the Board before a zoning permit may be issued.
(48) "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it; or, if there is no floor above it, then the space between the floor and the ceiling next above it.
(49) "Street" means a public or private thoroughfare which affords the principal means of access to abutting property, including an avenue, place, way, drive, lane, boulevard, highway, road or any other thoroughfare except an alley.
(50) "Structural alteration" means any change in the structural members of a building, such as walls, columns, beams or girders, or any addition to any structure but not including normal maintenance or minor repairs or improvements.
(51) "Structure" means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including stationary and portable carports.
(52) "Travel trailer" means a vehicle less than thirty feet in length used for temporary living or sleeping purposes, and standing on wheels.
(53) "Usable open space" means a portion of a residential lot exclusive of required front and side yard areas which is not covered by buildings or parking areas and is suitable for use as outdoor open space for the residents thereon.
(54) "Used" or "occupied" as applied to any land or building, shall be construed to include the words intended, arranged, or designed to be used or occupied.
(55) "Variance" means a relaxation of the regulations of the Zoning Ordinance where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Zoning Ordinance would result in unnecessary and undue hardship.
(56) "Yard" means an open space required by the Zoning Ordinance on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as specified elsewhere in the Zoning Ordinance.
(57) "Yard, front" means the open space extending across the entire width of the lot, between the front line of the building and street line.
(58) "Yard, rear" means the required open space extending from the rear of the main building to the rear lot line (not necessarily a street line) for the entire width of the lot.
(59) "Yard, side" means the required open space extending from the side of any building along the side lot line for the entire depth of the building.
(60) "Zoning official" means the administrative officer charged with the duty of enforcing the provisions of the Zoning Ordinance.
(61) "Condominium" means a tenure arrangement, in which individual units, such as apartments, stores, offices or houses, are owned by individuals, but hallways and other common facilities are owned jointly by those who own the units.
(12-17-79)
(62) “Shops” means any small commercial venture selling, among other things, flowers, cards, gifts, art supplies, and other non-offensive products, but excluding gas stations and convenience stores.
(63) “Commercial schools” means an establishment for training persons in any skill or for employment, but excluding establishments which require extensive or offensive facilities.
(Passed 7-5-94.)