For the purposes of this Zoning Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) "Abandonment" means the voluntary evacuation of a use for a continuous period of at least twelve months' duration, either by completely vacating the zoned lot or by transferring to another use permitted only in a more restricted zone district.
(2) "Accessory use." See within this section, "Use, accessory".
(3) "Alley" means a thoroughfare within a block giving access to the rear or side of buildings.
(4) "Alterations, incidental" means all changes or replacements in the nonstructural parts of a building or other structure, without limitation to the following examples, and changes or replacements in the structural parts of a building or other structure, limited to the following examples and others of similar character or extent:
A. Alteration of interior partitions to improve a nonconforming residential building; provided, that no additional dwelling units are created thereby.
B. A minor addition on the exterior of a residential building to provide an open porch or otherwise.
C. Alteration of interior partitions in all other types of buildings or other structures.
D. Making windows or doors in exterior walls.
E. Strengthening the load-bearing capacity of not more than ten percent of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.
F. Replacement of or minor changes in the capacity of utility pipes, ducts or conduits.
(5) "Amendment" means any repeal, modification or addition to a regulation; any new regulation; any change in the numbers, shape, boundary or area of a district or any repeal or abolition of any map, part thereof or addition thereto.
(6) "Apartment house". See within this section "Dwelling, multiple-family."
(1970 Code Sec. 32-6)
(7) "Artisan food production" means a facility operated by a small business entity for the production of specialty food products or beverage products or both food and beverage products that are small-scale and hand crafted, provided that the facility does not exceed 1,000 square feet in a C-4 District, 3,000 square feet in a C-6 or C-8 District, and 7,500 square feet in a C-10 District. Artisan food products may be sold wholesale and retail for on-site and off-site consumption.
(Ord. 2286. Passed 11-7-19.)
(8) "Automobile service station" means a building, lot or both, in or upon which gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made, and no other:
A. Sale and servicing of spark plugs, batteries and distributor parts.
B. Tire servicing and repair, but not recapping or regrooving.
C. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, windshield wipers and wiper blades, grease retainer, wheel bearings, mirrors and similar parts.
D. Radiator cleaning and flushing.
E. Washing and polishing and the sale of automotive washing and polishing materials.
F. Greasing and lubrication.
G. Providing and repairing fuel pumps, oil pumps and lines.
H. Minor servicing and repair of carburetors.
I. Emergency wiring repairs.
J. Adjusting and repairing brakes.
K. Minor motor adjustments.
L. Sale of cold drinks, packaged foods, tobacco and similar convenience goods for service station customers as accessory and incidental to the principal operation.
M. Provision of road maps and other informational material to customers; provision of restroom facilities.
N. Services otherwise deemed minor repairs.
O. Safety and state inspections.
Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations.
A service station shall not be construed as a major repair and major service garage or body shop.
(9) "Automobile garage, group" means an accessory building or portion of a main building designed, arranged or used for housing motor vehicles in connection with one or more multiple dwellings erected under one ownership. Such garage shall be for passenger vehicles only, including noncommercial buses used by occupants
of such dwellings.
(10) "Automobile garage, private" means an accessory building, carport or similar structure or portion of a main building designed, arranged or used for the housing of private motor vehicles, only one of which may be a commercial vehicle.
(11) “Automobile parking lot, commercial” or “garage, commercial” means a lot or building or portion thereof, other than an automobile sales lot, held out or used for the storage or parking of automobiles where service or repair facilities are not permitted. Such parking lot or garage shall not be considered an accessory use unless it conforms to the requirements of Section 1343.05, nor shall it be used for the storage of trucks, dismantled or wrecked motor vehicles, parts thereof or junk.
(12) "Auto sales, repair and service garage" means a building in which the business of general motor vehicle repair and service is conducted, but excluding the junk and/or auto wrecking business. See also with this section, "Automobile service station."
(13) "Automobile sales lot" means a lot arranged, designed or used for the storage and display for sale of any motor vehicle or any type of trailer; provided that the trailer is unoccupied and where no repair work is done except minor incidental repair of automobiles or trailers displayed and sold on the premises.
(14) "Automobile wrecking". See within this section, "Junk yard".
(15) "Basement" means that portion of a building below the first floor joists at least half of whose clear ceiling height is above the main level of the adjacent ground.
(16) "Billboard" means a structure or part of a structure on which is portrayed any information or on which is communicated any message whether by words, numbers, pictures, diagrams or any combination thereof, not directly and exclusively related to the other permitted uses permitted and actually carried on upon the zoning lot upon which the structure is located. Painted or decorated walls or structures or natural formations are included within this definition.
(17) "Block" means an area of land bounded by streets providing access to such area.
(18) "Board" means the City Board of Zoning Appeals.
(19) "Boardinghouse" means a residence in which, for compensation, lodging or meals or both are furnished to not more than nine guests. A boardinghouse shall not be deemed a home occupation. (1970 Code Sec. 32-6)
(20) "Brewery" means a place of manufacturing, otherwise producing, importing, or transshipping nonintoxicating beer or nonintoxicating craft beer for sale at wholesale to any licensed distributor. See also within this section, "brewpub" and "resident brewery."
(21) "Brewpub" means a place of manufacture of nonintoxicating beer or nonintoxicating craft beer owned by a resident brewer, as defined in West Virginia Code 11-16-3, that is subject to federal and state regulations and guidelines, a portion of which premises is designated for retail sales of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
(Ord. 2277. Passed 8-1-19.)
(22) "Building area" means the portion of a lot remaining after required yards have been provided.
(23) "Building" means any structure which:
A. Is permanently affixed to the land; and
B. Has one or more floors and a roof; and
C. Is bounded by either open area or the lot lines of a zoning lot.
A building shall not include such structures as mobile homes, trailers, billboards, signs, fences or radio towers; or structures with interior surfaces not normally accessible for human use, such as gasholders, tanks, smokestacks, grain elevators, coal bunkers, oil cracking towers or similar structures. A building may, for example, consist of a single-family detached residence; either a rowhouse or a series of rowhouses, depending on location of lot lines; a row of garden apartments with individual entrances; or an apartment house, a single factory or a warehouse.
(24) "Building, accessory" means a building subordinate to and located on the same zoning lot as a main building, the use of which is clearly incidental to that of the main building or to the principal use of the land, and which is not attached by any part of a common wall or a common roof to the main building.
(25) "Building area" means the maximum horizontal projected area of a building and its accessory buildings.
(26) "Building group" means a group of two or more main buildings, and any buildings accessory thereto, occupying a single zoning lot.
(27) "Building height" means the vertical distance measured from the level of the approved street grade opposite the middle of the front of the building to the highest point of the roof surface of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and the ridge of a gable, hip or gambrel roof; except that, if a building is located on a terrace, the height above the street grade may be increased by the height of the terrace. In the case of a building setback from the street line thirty-five feet or more, the building height shall be measured from the average elevation of finished ground surface along the front of the building. On corner lots exceeding 20,000 square feet in area, the height of the building may be measured from either adjoining curb grade. For lots extending through from street to street, the height may be measured from either curb grade; provided, that the maximum height permitted on the lower street extends back from such street not less than 150 feet.
(28) "Building inspector" means the City Building Commissioner or his authorized representative.
(29) "Building line" means a line drawn parallel to a lot line at a distance therefrom equal to the depth of a required yard.
(30) "Building, main" means the building in which is conducted the principal use of the zoning lot on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the zoning lot on which such building is located if the lot is used primarily for residential purposes.
(31) "Building" or other "structure" means any man-made or man-placed object which extends six inches or more above the ground.
(32) "Building, residential". See within this section, "Residence".
(33) "Camper." See within this section, "Trailer".
(34) "Cellar" means that portion of a building below the first floor joists at least half of whose clear ceiling height is below the main level of the adjacent ground. Such portion of a building shall not be used for habitation.
(35) "Cemetery" means a place used for the permanent interment of dead bodies or the cremated remains thereof. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments or a combination thereof.
(36) "Child care center" means a day nursery, child boarding home, day camp, summer camp, foster family home or other place for the reception, board or care, with or without compensation, of a child or children under sixteen years of age. For the purposes of this ordinance a facility providing day child care between the hours of 7:00 a.m. and 7:00 p.m. to not more than three children shall not be considered a child care center; further, "child care centers" shall not include any family-type facility which provides child care to not more than five children placed by order of any court of competent jurisdiction or by any public welfare department or other governmental agency having the responsibility of placing children for care, or placed by a child-placing agency.
(37) "Commercial building" means a building used only for a commercial use.
(38) "Commercial district" means any district the designation of which begins with the letter "C."
(39) "Commercial use" means any use involving, in part or in whole, the storage of merchandise or the sale of merchandise, materials or services; but not including home occupations, as defined in this section.
(40) "Commercial parking garage". See within this section, "Automobile parking garage, commercial".
(41) "Commercial parking lot". See within this section, "Automobile parking lot, commercial".
(42) "Conforming use" means any use complying with the regulations of the ordinance.
(43) "Court" means either an inner or an outer court.
(44) "Court, depth of outer" means the maximum horizontal distance between the opening of an outer court and the wall opposite such opening, measured perpendicularly to the direction of the outer court opening. The opening of an outer court shall be considered the shortest imaginary line which can be drawn between any intersection of a court wall with another wall and the opposite court wall.
(45) "Court, inner" means any open area, other than a yard or portion thereof, which is unobstructed from its lowest level to the sky and which is bounded by:
A. Building walls; or
B. Building walls and one or more lot lines other than a front lot line; or
C. Building walls; except for one opening on any open area along a side lot line or rear lot line, which has a width of less than thirty feet at any one point.
(46) "Court, outer" means any open area, other than a yard or portion thereof, which is unobstructed from its lowest level to the sky and which is bounded by either building walls or building walls and one or more rear or side lot lines, except for one opening upon:
A. A front lot line;
B. A front yard;
C. A rear yard; or
D. Any open area, along a rear lot line or along a side lot line, having a width or depth of at least thirty feet, which open area extends along the entire length of such rear or side lot line.
(47) "Court, width of outer" means the minimum horizontal dimension of an outer court, excluding an outer court recess, measured parallel to the opening of such outer court.
(48) "Depth of lot" means the main horizontal distance between the front lot line and rear lot line of a zoning lot.
(49) "Dormitory" means a building or portion thereof used for sleeping purposes in connection with a school, college or other institution.
(50) "Drive-in restaurant"; "refreshment stand" means any place or premises used for the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
(51) "Dwelling" means a building designed for dwelling purposes. "Dwelling," alone or in combination, shall not be deemed to include a hotel, roominghouse or boardinghouse, motel, clubhouse, hospital or other accommodations used for more or less transient occupancy.
(52) "Dwelling, detached" means a building containing only dwelling units surrounded by yards or other open area on the same lot.
(53) "Dwelling, group" means a building group consisting only of dwellings occupying a parcel of land in one ownership and having any yard or service area in common.
(54) "Dwelling, multiple-family" means a building containing three or more dwelling units; an apartment house.
(55) "Dwelling, multiple-family, high-rise" means a building containing three or more dwelling units, with a height of more than three stories.
(1970 Code Sec. 32-6)
(56) "Dwelling, multiple-family, high-rise, elderly" means a building containing three or more dwelling units, with a height of more than three stories, designed to be occupied by the elderly.
(Ord. 1476. Passed 4-4-85.)
(57) "Dwelling, semi-detached" means one of two buildings arranged or designed as dwellings located on abutting lots; separated from each other by a party wall, without openings, extending from the cellar floor to the highest point of the roof along the dividing lot line; and separated from any other building or structures by space on all sides.
(58) "Dwelling, single-family" means a building containing not more than one dwelling unit, not occupied by more than one family.
(59) "Dwelling, townhouse", or "rowhouse" means one of a series of three or more attached dwelling units separated from one another by continuous vertical party walls, without openings, from basement floor to roof.
(60) "Dwelling, two-family" means a building located on one zoning lot containing not more than two dwelling units, arranged one above the other or side by side, not occupied by more than two families.
(61) "Dwelling unit" means one or more rooms in a residential building or in a mixed use building which are arranged, designed, used or intended for use by one or more persons living together and maintaining a common household, and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.
(62) "Easement" means a right or privilege of the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property of the owner.
(1970 Code Sec. 32-6)
(63) "Elderly" means a person of at least sixty-two years of age.
(Ord. 1476. Passed 4-4-85.)
(64) "Enlargement" means an addition to the floor area of an existing building, an increase in the size of any other structure or an increase in that portion of a tract of land occupied by an existing use. To "enlarge" is to make an enlargement.
(65) "Extension" means an increase in the amount of existing floor area used for an existing use within an existing building. To "extend" is to make an extension.
(66) "Family" means:
A. A single person occupying a dwelling and maintaining a household, including not more than one boarder, roomer or lodger; or
B. Two or more persons related by blood or marriage, occupying a dwelling, living together and maintaining a common household, including not more than one boarder, roomer or lodger; or
C. Not more than three unrelated persons occupying a dwelling, living together and maintaining a common household.
(67) "Farm" means an area of land not less than five acres in size, used for agricultural use, as defined in this section.
(68) "Filling station". See within this section, "Automobile service station".
(69) "Floor area". The sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls or from the centerlines of walls separating two buildings.
A. In particular, floor area shall include:
1. Basement space, except such space in a basement which has at least one-third of its height below curb level, and which is located in a residential building with not more than two stories entirely above curb level.
2. Elevator shafts or stairwells at each floor.
3. Floor space in penthouses.
4. Attic space, whether or not a floor has been laid, providing structural headroom of eight feet or more.
5. Floor space in interior balconies or mezzanines.
6. Floor space in open or roofed terraces, exterior balconies, breezeways or porches if more than fifty percent (50%) of the perimeter of such terrace, balcony, breezeway or porch is enclosed.
7. Any other floor space used for dwelling purposes, no matter where located within a building, when not specifically excluded.
8. Floor space in accessory buildings, except for floor space used for accessory off-street parking.
B. Floor areas of a building shall not include:
1. Cellar space; except, that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
2. Elevator or stair bulkheads, accessory water tanks or cooling towers.
3. Uncovered steps.
4. Attic space, whether or not a floor actually has been laid, providing structural headroom of less than eight feet.
5. Floor space in open or roofed terraces, exterior balconies, breezeways or porches; provided, that not more than fifty percent (50%) of the perimeter of such terrace, balcony, breezeway or porch is enclosed.
6. Unenclosed floor space used for permitted or required accessory off-street parking spaces.
7. Floor space used for accessory off-street loading berths.
8. Floor space used for mechanical equipment.
9. The lowest story of a residential building; provided, that:
(a) Such building contains not more than two stories above such story; and
(b) Such story and the story immediately above it are portions of the same dwelling unit; and
(c) Such story is used as a furnace room, utility room or auxiliary recreation room or for other purposes for which basements are customarily used; and
(d) Such story has at least one-half its height below the level of the ground along at least one side of the building.
(70) "Frontage" means the length of the front lot line of a zoning lot line of a zoning lot abutting a public street, road or highway or rural right of way.
(71) "Garage". See within this section, "Automobile garage".
(72) "Garden apartment" means a multiple-family dwelling, as defined in this section, which shall not exceed four stories in height.
(73) "Gasoline station." See within this section, "Automobile service station".
(74) "Grade" means the level from which the height of a building is measured, as defined in this section.
(75) "Height of building." See within this section, "Building height".
(76) "High-rise multiple-family dwelling." See within this section, "Dwelling, multiple-family high-rise".
(77) "Home occupation" means an accessory use which:
A. Is clearly incidental or secondary to the residential use of a dwelling unit; and
B. Is customarily and traditionally carried on within a dwelling unit by one or more occupants of such dwelling unit.
C. Occupies not more than twenty-five percent (25%) of the total floor area.
D. Is limited to members of the family except for one secretarial employee.
(78) "Hospital, voluntary" means an institution owned and operated on a nonprofit basis, receiving in-patients and rendering medical, surgical and/or obstetrical care to private and charity patients and usually including research and training activities. This shall include general hospitals and institutions in which service is limited to special fields such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and cancer, tuberculosis, chronic disease and obstetrics. Hospital patients generally require intensive care for periods generally not exceeding several months. See also within this section, "Hospital, proprietary or pseudo-voluntary," "Sanitorium," and "Nursing home."
(79) "Hospital, proprietary" or "pseudo-voluntary" means hospitals owned by individuals or corporations built or operated for profit. These hospitals have a dual profit and nonprofit organizational structure. A proprietary, profit-seeking, group buys or builds a hospital which it then leases on a long-term basis to a nonprofit organization, which organizes and controls. In this way, the proprietary ownership of the hospital is obscured by the nonprofit operating group.
(80) "Hotel" means an establishment which is open to transient guests, in contradistinction to a boarding, rooming or lodging house; and which provides customary hotel services such a maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, bellboy service and food service.
(81) "Illegal use" means any use, whether of a building or other structure or of a tract of land, in which a violation of any provision of this ordinance has been committed or shall exist.
(82) "Industrial district" means any district the designation of which begins with the letter "I."
(83) "Junk yard" means the use of any space, whether inside or outside a building, for the abandonment, storage, keeping, collection, disassembling or baling of paper, rags, scrap metals or other scrap or discarded materials or for the abandonment, demolition, dismantling or salvaging of automobiles or other vehicles or machinery or parts thereof or appliances, gas or electric; provided, that this definition shall not apply to any such use conducted solely as an accessory use and occupying not more than ten square feet of the area of any lot other than any portion of the portion of that half thereof that adjoins any street.
(84) "Kennel" means any zoning lot on which three or more dogs six months old or older are kept for commercial purposes.
(85) "Loading berth" means any off-street space available for the loading or unloading of goods or people not less than fifteen feet wide, thirty feet long and fourteen feet high and having direct usable access to a street or alley; except, that where one such loading berth has been provided, any additional loading berth lying alongside, contiguous to and not separated from such first loading berth, need not be wider than twelve feet.
(86) "Lot". See within this section, "Zoning lot".
(87) "Lot area" means the area of a zoning lot.
(88) "Lot area per dwelling unit" means that portion of the lot area required for each dwelling unit located on a zoning lot.
(89) "Lot, corner" means either a zoning lot bounded entirely by streets or a zoning lot in which the interior angle, formed by the extensions of the street lines in the directions which they take at their intersections with lot lines other than street lines, forms an angle of one hundred and thirty-five degrees or less. In the event that any street line is a curve at its point of intersection with a lot line other than a street line, the tangent to the curve at that point shall be considered the direction of the street line. Any portion of a corner lot whose nearest frontage is more than one hundred feet from the point of intersection of the two street lines or of the two tangents shall be subject to the regulations for a through lot or for an interior lot, whichever is applicable.
(90) "Lot coverage" means that portion of a zoning lot which, when viewed directly from above, would be covered by a building or any part of a building; however, any portion of such building covered by a roof which qualifies as open space shall not be included in lot coverage.
(91) "Lot depth" means the horizontal distance between the front lot line and rear lot line of a zoning lot.
(92) "Lot, interior" means any zoning lot neither a corner lot nor a through lot.
(93) "Lot line" means a boundary of a zoning lot.
(94) "Lot line, front" means in the case of an interior lot, that line separating such lot from the street. In the case of a corner lot or double frontage lot, "front lot line" means that line separating such lot from a street.
(95) "Lot line, rear" means the lot line that is most distant from and is or is most nearly parallel to the front lot line. If the rear lot line is less than ten feet long or if the lot comes to a point at the rear, the rear lot line shall be a line at least ten feet long lying wholly within the lot, parallel to the front lot line.
(96) "Lot line, side" means any lot line which is not a front lot line or a rear lot line.
(97) "Lot line, street" or "alley" means the line between the zoning lot and the adjacent street or alley, which is a boundary of the zoning lot.
(98) "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Clerk or County Recorder, or a lot or parcel described by metes and bounds the description of which has been so recorded.
(99) "Lot, through" means any zoning lot not a corner lot, which adjoins two street lines opposite and parallel to each other.
(100) "Lot width" means the horizontal distance between the side lot lines of a zoning lot at the building line.
(101) "Lot, zoning". See within this section, "Zoning lot". (1970 Code Sec. 32.6)
(102) "Medical Cannabis Dispensary" means a place where medical cannabis may be dispensed in compliance with West Virginia Code Chapter 16A.
(103) "Medical Cannabis Growing Facility" means a place where medical cannabis may be grown in compliance with West Virginia Code Chapter 16A.
(104) "Medical Cannabis Processing Facility" means a place where medical cannabis may be processed in compliance with West Virginia Code Chapter 16A.
(Ord. 2285. Passed 11-7-19.)
(105) "Medical" or "dental clinic" means any building or group of buildings occupied by two or more medical or dental practitioners for the purpose of providing health services to people on an out-patient basis. See also within this section, "Hospital," "Sanitorium," and "Nursing home."
(106) "Medical practitioner" means a licensed physician, dentist, osteopath, chiropractor, chiropodist, podiatrist, psychologist or optometrist; but not an optician.
(107) "Mobile home" means a structure or vehicle with the following characteristics:
A. Used, designed for use or capable of being used as living quarters, containing sleeping accommodations, a flush toilet, a tub or shower, bath, kitchen facilities and plumbing and electrical connections for attachment to outside systems; and
B. Designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed truck or similar vehicle.
C. Arrives at the site where it is to be occupied and complete and ready for occupancy except for unpacking and assembly operations, location on jacks or other temporary or permanent foundation, connections to utilities, and similar operations. "Mobile home" shall not include a motor home. See also within this section "Trailer."
(108) "Mobile home court" or "trailer court" means any lot, parcel or tract of land, with open spaces required by this ordinance, used, designed, maintained or held out to accommodate one or more mobile homes or trailers, including all buildings, structures, tents, vehicles, accessories or appurtenances used or intended as equipment of such mobile home or trailer court, whether or not a charge is made for use of the court and/or its facilities. A mobile home or trailer court shall not include automobile, mobile home or trailer sales lots on which unoccupied mobile homes or trailers are parked for inspection and sale.
(109) "Motel" or "tourist cabin" means a building or group of buildings which:
A. Contain living or sleeping accommodations used primarily for transient occupancy; and
B. Have individual entrances from outside the building to serve each such living or sleeping unit.
(110) "Nonconforming use" means any lawful use, whether of a building or other structure or of a tract of land, which does not conform to the applicable use regulations of the district in which it is located, either on the effective date of this ordinance or as a result of any subsequent amendment thereto. A nonconforming use shall result from failure to conform to the applicable district regulations on either permitted uses or performance standards; however, no existing use shall be deemed nonconforming solely because of any of the following:
A. The existence of less than the required accessory off-street parking spaces or loading berths; or
B. The existence of nonconforming accessory signs.
(111) "Nursing home" means a rest home, convalescent home or home for the aged devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illnesses, diseases, deformities or injuries not requiring the intensive care that is normally provided by hospitals, but who do require care in excess of room and board and who need medical, nursing, convalescent or chronic care. Institutions primarily for the treatment and care of mental patients, alcoholics or drug addicts shall not, for the purpose of this ordinance, be considered "nursing homes." See also within this section, "Sanitoriums," "Hospitals" and "Medical clinics."
(1970 Code Sec. 32.6)
(112) “Office style self storage” means a facility consisting of a building or buildings that are similar in style to an office building that contains individual storage units of varying sizes where lessees/customers gain direct access to the individual storage units through the interior of each building and individual storage unit doors open to the interior of the building. (Ord. 2128. Passed 1-7-10.)
(113) "Open space" means that part of a zoning lot, including courts or yards, which is open and unobstructed from its lowest level to the sky.
(114) "Parking area" means an off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto. In general, there shall be an average of a least three hundred fifty square feet of parking area per parking space to ensure adequate aisle widths.
(115) "Parking lot". See within this section, "Automobile parking lot, commercial".
(116) "Parking space" means an area, enclosed or unenclosed, sufficient in size to store one automobile, with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.
(117) "Prerecorded lot" means a lot on file with the County Clerk's office prior to the passage of this ordinance. See also within this section, "Lot of record."
(118) "Private recreation facility" means a facility, such as a swimming pool, tennis court, community center, beach, boat dock or basketball court, which is an accessory use located on a residential zoning lot, the use of which is restricted to the occupants of the principal use and guests for whom no admission or membership fees are charged.
(119) "Public land" or "building" means any land or building owned, used or maintained by the Federal, State, County or local governments or their agencies.
(120) "Public utility" means an activity or a building housing an activity which operates to serve the community as a whole or a portion of the community and which is publicly run or subject to special government controls.
(121) "Residence" means a building or part of a building containing dwelling units or rooming units, including single-family or two-family houses, multiple-dwellings, boarding or rooming houses or apartment hotels.
Residences shall not include:
A. Such transient accommodations as transient hotels, motels or tourist cabins or mobile home or trailer courts; or
B. Dormitories, fraternity or sorority houses, monasteries or convents; or
C. In a mixed building, that part of the building used for any non-residential uses, except uses accessory to residential uses.
(122) "Residential-agricultural zone" means a zone that is primarily residential but has a permissive accessory agricultural use. This shall be in an R-2 or an R-4 District.
(123) "Residential district" means any district the designation of which begins with the letter "R."
(124) "Residence, single-family" means a building containing only one dwelling unit.
(1970 Code Sec. 32-6)
(125) "Resident brewery" means a place of manufacturer of nonintoxicating beer or nonintoxicating craft beer with a principal place of business and manufacture located in the City and where not more than 25,000 barrels of nonintoxicating beer or nonintoxicating craft beer is brewed or manufactured annually and where not more than 10,000 barrels thereof is self-distributed in the State of West Virginia annually. (Ord. 2277. Passed 8-1-19.)
(126) "Riding stable" means any zoning lot used or designed for the boarding, breeding or care of horses or ponies, other than for farming or agricultural purposes, either with or without instruction in riding.
(127) "Rooming house" means a dwelling in which, for compensation, lodging is furnished to three or more, but not exceeding nine guests. A rooming house shall not be deemed a home occupation.
(128) "Sanitorium"; "sanitarium". An institution for the treatment and care of the chronically ill or for patients requiring long-term therapy, rest and recuperation. Examples are institutions primarily for the treatment and care of feebleminded and mental patients, epileptics, alcoholics or drug addicts. See also within this section, "Hospital," "Nursing home" and "Medical clinics."
(129) "Sanitary fill" means any zoning lot used primarily for disposal, by abandonment, discarding, dumping, reduction, burial, incineration or any other means and for any purpose, of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof; but not sewage or animal waste.
(130) "School" means:
A. An institution providing full-time day instruction and a course of study which meets the requirements of the West Virginia State Code; or
B. A nursery school or kindergarten:
1. The annual session of which does not exceed the school sessions for full-time day schools prescribed in the West Virginia State Code; and
2. Which is operated by the County Board of Education, any established religious organization as part of an elementary school or under a permit issued pursuant to the West Virginia State Code.
(131) "Service station". See within this section, "Automobile filling station".
(132) "Setback". See within this section, "Yard".
(133) "Sign" means any writing, including letters, words and numerals; pictorial representation, including illustrations and decorations; emblem, including devices, symbols or trademarks; or any other figure of similar character which is:
A. A structure or any part thereof or is attached to, painted or in any other manner represented on a building or other structure; and
B. Used to announce, direct attention to or advertise; and
C. Visible from outside a building. A sign includes writing, any representation or other figure of similar character within a building only when illuminated or located in a window; and
D. Accessory to the other uses permitted on the zoning lot.
E. Any of the following:
l. Business sign. A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located.
2. Business center sign. A sign which gives direction and identification to a group of six or more contiguous stores, whether or not under single management, which development is not less than two acres in size.
3. Canopy. Any structure, made of cloth or metal with metal frames, attached to a building, projecting over a public right of way or thoroughfare and carried by a frame supported by the ground or sidewalk.
4. Illuminated sign. A sign that provides artificial light directly, or through any transparent or translucent material, from a source of light connected with such sign; or a sign illuminated by a light so shielded that no direct rays from it are visible from any public right of way or from the abutting property.
5. Identification sign. A sign that identifies the business, owner or resident and/or the street address and which sets forth no other advertisement.
6. Ground-pole sign. A sign supported by one or more uprights, poles or braces placed in or upon the ground surface and not attached to any building.
7. Marquee. Any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare or public right of way.
8. Marquee sign. An identification sign attached to a marquee canopy or awning projecting from and supported by the building.
9. Off-premises advertising sign. A sign which contains or communicates a message, whether by words, numbers, pictures, diagrams or any combination thereof, which message is not directly and exclusively related to a business, profession or other activity being lawfully conducted or directly and exclusively related to a commodity, activity, service or entertainment being lawfully conducted, sold or offered upon the zoned lot or parcel upon which the sign is located.
10. On-premises advertising sign. A sign at least ninety percent (90%) of the area of which is devoted to advertising a business or activities located upon the zoned lot or parcel upon which the sign is located.
11. Projecting sign. A sign which projects from and is supported by a wall of a building.
12. Portable sign. A freestanding sign not permanently anchored or secured to either a building or the ground, such as, but not limited to, "A" frame, "T" shaped or inverted "T" shaped sign structures.
13. Street clock/time - temperature sign. A sign which displays the current time or outdoor temperature or both, and which displays no other material.
14. Temporary sign. A display, informational sign, banner or other advertising device constructed of cloth, canvas, fabric, wood or other temporary material, with or without a structural frame and intended for a limited period of display, including decorative displays for holidays or public demonstrations.
15. Wall sign. A sign which is attached directly to or painted upon a building wall and which does not extend more than eighteen inches therefrom, nor more than three feet above the roof line, with the exposed face of the sign in a place parallel to the building wall.
16. Roof sign. Any sign erected, constructed and maintained wholly upon or over the roof of any building, with the principal support on the roof structure.
The following signs shall not necessitate a building permit: for sale or rent signs not larger than four square feet in area, advertising only the property upon which they are located, signs on taxicabs and busses and identification signs painted or affixed to moving vehicles.
(134) "Story" means that part of a building between the surface of a finished floor and the finished ceiling immediately above; however, a cellar shall not be considered a story.
(135) "Street" means a way designed or intended for general public use to provide a principal means of approach for vehicles or pedestrians and which performs the functions usually associated with a way. A driveway which serves only to give vehicular access to an accessory parking or loading facility or to allow vehicles to take or discharge passengers at the entrance to a building shall not be considered a street.
(136) "Street, centerline of" means a line established as a centerline of a street by any state, county or other official agency or governing body having jurisdiction thereof, and shown as such on an officially adopted or legally recorded map; or, if there is no official centerline of a street, the centerline shall be a line lying midway between the street or right of way lines thereof. Where street lines are indeterminate and a pavement or a traveled way exists, the centerline shall be established by the City Engineer; or, in the absence of a determination by the City Engineer, shall be assumed to be a line midway between the edges of such pavement or traveled way.
(137) "Street line" means a line defining the edge of a street right of way and separating the street from abutting property or lots. If, on the Master Plan of streets and highways duly adopted by the City, a street is scheduled for future widening, the proposed right of way line shown on the Master Plan shall be the street line.
(138) "Street width" means the distance between street lines, measured at right angles to the centerline of the street.
(139) "Structure" means anything constructed or erected the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.
(140) "Structural alteration" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any complete rebuilding of the roof or the exterior walls.
(141) "Subdivision" means the division of a tract or parcel of land into two or more lots, plots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of legal or equitable title, interest or ownership or of building development, including all changes in streets or lot lines; provided, that this definition shall not include bona fide divisions of land for agricultural purposes in parcels of more than ten acres not involving any new street or easement of access.
(142) "Swimming pool, commercial" means a swimming pool and/or wading pool, including buildings necessary or incidental thereto, open to the general public and operated for profit.
(143) "Swimming pool, community" means a swimming pool and/or wading pool, including buildings necessary or incidental thereto, operated by members of more than two families for the benefit of such group and not open to the general public, whether incorporated or unincorporated, and whether organized as a club, cooperative or association; provided, that it is not organized for profit and that the right to use such pool is restricted to such families and their guests. A swimming pool and/or wading pool operated as part of a multiple-dwelling shall also be construed as a community swimming pool; provided, that it is not operated for profit and the right to use such pool is restricted to tenants of the multiple-dwelling and their guests.
(144) "Swimming pool, private". See within this section, "Private recreation facility".
(1970 Code)
(145) “Tattoo application” means to mark or color the skin of a natural person by pricking in coloring matter so as to form indelible marks or figures or by the production of scars, whether or not such activity is characterized as art or otherwise.
(146) “Tattoo studio” means any room or space where tattoo application is practiced or performed, or where the business of tattoo application is conducted, whether or not the business or commercial enterprises of tattoo application is the primary or a secondary purpose of the business operations. (Ord. 2122. Passed 11-5-09.)
(147) “Tourist home” means a dwelling in which sleeping accommodations in fewer than six rooms dedicated to sleeping, with not more than two persons per room, are provided or offered for transient guests, for compensation, for less than 30 days, for dwelling purposes, under the management of an occupant or owner of the dwelling, A tourist home shall not be deemed a home occupation.
(Ord. 2339. Passed 6-15-23.)
(148) "Trailer, camping" means a portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting a principal place of residence of the occupants.
(149) "Trailer court". See within this section, "Mobile home" or "trailer court".
(150) "Trailer, hauling" means a vehicle, to be pulled behind an automobile or truck, which is designed for hauling animals, produce, goods or commodities, including boats.
(151) “Truck” means any self-propelled commercial motor vehicle designed and/or used for the transportation of property; or any self-propelled motor vehicle which has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds.
(152) “Trucking terminal” means any facility or lot utilized for the parking or storage of trucks.
(153) "Unified shopping facility" means any tract of land containing at least three acres of land upon which three or more business or public service uses are located, and which includes integral parking facilities available generally to persons using the business or public service uses.
(154) "Use" means:
A. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or
B. Any activity, occupation , business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
"Permitted use" or its equivalent shall not be deemed to include any nonconforming use.
(155) "Use, accessory" means:
A. A use conducted on the same zoning lot as is the principal use to which it is related, whether located within the same or an accessory building or other structure, or as an accessory use of land; except that, where specifically provided in the applicable district regulations, accessory off-street parking or loading need not be located on the same zoning lot as is the principal use; and
B. A use which is clearly incidental to and customarily found in connection with such principal use; and
C. A use subordinate in area, floor area, intensity, extent and purpose to the principal use; and
D. A use either in the same ownership as such principal use or operated and maintained on the same zoning lot as is the principal use, substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use.
When "accessory" is used in this ordinance, it shall have the same meaning as "accessory use."
(156) "Yard" means that portion of a zoning lot extending open and unobstructed from the lowest level to the sky along a lot line, and from the lot line for a depth or width set forth in the applicable district yard regulations.
(157) "Yard, equivalent, rear" means an open area which may be required on a through lot as an alternative to a required rear yard.
(1970 Code Sec. 32-6)
(158) "Yard, front" means a yard extending along the full length of a front lot line to the depth of the actual front of the building, the building not to be defined to include bay windows, eaves, cornices, balconies, fire escapes or steps.
(Ord. 1547. Passed 9-4-86.)
(159) "Yard line, front" means a line drawn parallel to a front lot line at a distance therefrom equal to the depth of a required yard.
(160) "Yard line, rear" means a line drawn parallel to a rear lot line at a distance therefrom equal to the depth of a required yard.
(161) "Yard, rear" means a yard extending for the full length of a rear lot line.
(1970 Code Sec. 32-6)
(162) "Yard, required, front" means a yard extending along the full length of a front lot line to the depth of the required front setback line.
(Ord. 1547. Passed 9-4-86.)
(163) "Yard, side" means a yard extending along a side lot line from the required front yard, or from the front lot line if no front yard is required, to the required rear yard, or to the rear lot line if no rear yard is required.
(164) "Zoning lot" means:
A. A lot of record existing on the effective date of this ordinance or any applicable subsequent amendment thereto; or
B. A tract of land, either unsubdivided or consisting of two or more contiguous lots of record and not previously subdivided, located within a single block; which, on the effective date of this ordinance or any applicable amendment thereto, was in single ownership; or
C. A tract of land, located within a single block; which, at the time of filing for a building permit or, if no building permit is required, at the time of filing for a certificate of occupancy, is designated by its owner as a tract all of which is to be used, developed or built upon as a unit under single ownership.
D. A zoning lot may or may not coincide with a lot as shown on the official tax maps of the County or any recorded subdivision plat or deed.
E. A zoning lot may be subdivided into two or more zoning lots; provided, that all resulting zoning lots and all buildings thereon which are constructed after the effective date of this ordinance or any applicable subsequent amendment thereto shall comply with all of the provisions of this ordinance. In such case, the designation of such zoning lots shall be made at the time of filing for a certificate of occupancy.
(1970 Code Sec. 32-6)
(165) "Zoning ordinance" or "this ordinance" means Ordinance 1072, passed February 4, 1971, as amended which is codified as Chapters One through Five of this Part Thirteen - Planning and Zoning Code.
(Ord. 1903. Passed 12-5-96.)