(1) "Administrative Assistant to the Planning Commission" means the officer as appointed by the governing body to administer these Regulations and to assist administratively other boards and commissions.
(2) "Alley" means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
(3) "Applicant" means the owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
(4) "Arterial street" or "primary road" means a general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
(5) "Block" means a piece or parcel of land entirely surrounded by public highways or public streets, railroad, right of way, parks, streams, lakes or bodies of water or a combination of aforesaid bounds.
(6) "Building site" means that portion of the lot or parcel of land upon which the building and appurtenances are to be placed, or are already existing, including adequate areas for sewage disposal, clearance, proper drainage and appropriate easements.
(7) "Central sewer system" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
(8) "Central water system" means the City public water treatment and distribution facilities.
(9) "City Engineer" means any individual or firm, which is hired or contracted with by the City and who is licensed and registered by the State of West Virginia as an engineer in an appropriate field or discipline.
(10) "Collector streets" means a thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
(11) "Comprehensive Development Plan" means a plan, or any portion thereof, adopted by the Planning Commission and/or Council showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools and other community facilities. This plan establishes the goals, objectives and policies of the community.
(12) "Covenant" means a written promise or pledge.
(13) "Crosswalk" means a right of way which cuts across a block to facilitate access to adjacent streets and properties.
(14) "Culvert" means a transverse drain that channels under a bridge, street or driveway.
(15) "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(16) "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(17) "Density" means a unit of measurement; the number of dwelling units per acre of land.
A. "Gross density" means the number of dwelling units per acre of the total land to be developed.
B. "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(18) "District I" (residential) - refers to any area zoned as residential, commonly designated as with the letter "R" including, but not limited to, areas zoned and designated as R1, R2, R3, and R4 as defined in the Codified Ordinances of the City of Vienna
(19) "District II" (commercial) - refers to any area zoned as commercial, commonly designated with the letter "C" including, but not limited to, areas zoned and designated as C1 and C2, as defined in the Codified Ordinances of the City of Vienna.
(Ord. 10-14. Passed 8-14-14.)
(20) "Dwelling unit" means space, within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as one full bathroom and one full kitchen, all occupants having unimpeded access to all interior and exterior areas defined by plotted lot lines and within the footprint of all structures. (Ord. 03-2021. Passed 3-11-21.)
(21) "Easement line" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(22) "Expressway" means a major highway designed for high speed traffic with access limited to grade separated intersections.
(23) "Feeder" means community-to-community connecting highways designed to carry a moderate volume of traffic from local streets to trunklines, with access to abutting properties unrestricted.
(24) "Frontage" means that side of a lot abutting on a street or way and ordinarily regarded as a front of the lot, but it shall not be considered as the ordinary side of a corner lot.
(25) "Governmental attorney" means the licensed attorney designated by the governing body to furnish legal assistance for the administration of these Regulations.
(26) "Governmental engineer" means the licensed engineer designated by the governing body to furnish engineering assistance for the administration of these Regulations. When the City has not designated a City Engineer, the Public Works Director shall be substituted for the governmental engineer.
(27) "Grade" means the slope of a road, street or other public way, specified in percentage (°/0) terms.
(28) "High density residential" means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed thirty-two dwelling units per gross acre.
(29) "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
(30) "Individual sewage disposal system" or "on-site sewer" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(31) "Local street" means a street primary for providing access to residential, commercial or other abutting property. It is not intended for through traffic.
(32) "Loop street" means a type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than such 1,000 feet from such arterial or collector street, nor normally more than 600 feet from each other.
(33) "Lot" means for purposes of these Regulations, a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of
A. A single lot of record
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(34) "Lot frontage" The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining the yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "Yard" in this section.
(35) "Lot measurements" A lot shall be measured as follows:
A. Depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
B. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line, provided, however, that the width between side lot lines at their foremost points (where they intersection with the street line) shall not be less than eighty percent (80%) of the required lot width.
(36) "Lot, minimum area of" The area of a lot is computed exclusive of any portion of the right of way. of any public or private street.
(37) "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(38) "Lot types" Terminology used in these Regulations with reference to corner lots, interior lots and through lots is as follows:
(39) A "corner lot" is defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the site lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
(40) An "interior lot" is a lot other than a corner lot with only one frontage on a street.
(41) A "through lot" is a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
(42) A "reversed frontage lot" is a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(43) "Out lot" is property shown on a subdivision plat outside of the boundaries of the land which is to be developed and which is to be excluded from the development of the subdivision.
(44) "Low density residential" means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed two dwelling units per gross acre.
(45) "Major Thoroughfare Plan" means the comprehensive plan indicating the general location recommended for arterial, collector and local thoroughfares within the corporate limits of the City and/or unincorporated areas within three miles thereof.
(46) "Marginal access street" means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and 'protection from arterial or collector streets. (Also called frontage street.)
(47) "Medium-low density residential" means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed four dwelling units per gross acre. For the purposes of street design requirements, the medium-low density residential classification shall be considered as medium density.
(48) "Medium density residential" means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed eight dwelling units per gross acre.
(49) "Medium-high density residential" means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed sixteen dwelling units per gross acre. For the purposes of street design requirements, the medium-high density residential classification shall be considered as high density.
(50) "Minor subdivision" means a division of a parcel of land that does not require a plat for approval by the Planning Commission. Also known as lot split.
(51) "Monuments" means permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary lines, corners, and points of change in street alignment.
(52) "Neighborhood Park and Recreation Improvement Fund" means a special fund established by the governing body to retain monies contributed by developers in accordance with the "money in lieu of land" provisions of these Regulations within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of the subdivision.
(53) "Nonresidential subdivision" means a subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these Regulations.
(54) "Open Space" means an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts, and any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included.
(55) "Pad" means a building site prepared by artificial means, including, but not limited to, grading, excavation or filling, or any combination thereof.
(56) "Parking space, off-street" For the purposes of these Regulations, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right of way.
(57) "Performance bond" or "surety bond" means an agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(58) "Perimeter street" means any existing street to which the parcel of land to be subdivided abuts on only one side.
(59) "Planned unit development" means an area of land, in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these Regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.
(60) "Plat" means the map, drawing or chart on which the developer's plan of subdivision (preliminary) is presented to the Planning Commission for approval and after such approval, to the County Clerk (final) for recording.
(61) "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right of way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
(62) "Registered engineer" means an engineer properly licensed and registered in the State.
(63) "Registered land surveyor" means a land surveyor properly licensed and registered in the State.
(64) "Right of way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
(65) "Roads" and "streets". See "alley", "arterial street", "collector street", "cul-de-sac", "dead-end street", "expressway", "feeder", "local street", "loop street", "marginal access street" and "trunkline".
(66) "Setback line" means a line established by the Subdivision Regulations and/or Zoning Ordinance (resolution), generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in such Codes (See "Yard").
(67) "Sewers" See "central sewer system" and "individual sewage disposal system".
(68) "Sidewalk" means that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic. See "Walkway".
(69) "Subdivision" means:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(70) "Subdivider" or "developer" means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
(71) "Terrain classification": Terrain within the entire area of the preliminary plat is classified as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:
A. Level is that land which has a cross slope range of four percent (4%) or less;
B. Rolling is that land which has a cross slope range of more than four percent (4%) but not more than eight percent (8%);
C. Hilly is that land which has a cross slope range of more than eight percent (8%) but not more than fifteen percent (15%);
D. Hillside is that land which has a cross slope range of more than fifteen percent (15%).
(72) "Trunkline" means major city-to-city connecting highways designed for high speed traffic with access to abutting properties partially restricted.
(73) "Variance" means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(74) "Vicinity map" means a drawing located on the plat which sets forth by dimensions of other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services in order to better locate and orient the area in question.
(75) "Walkway" means a dedicated public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
(76) "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(77) "Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward, provided accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
(78) "Yard, front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
(79) "Yard, rear" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal buildings.
(80) "Yard, side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(81) "Zoning Ordinance" means the part of the Comprehensive Plan, now or hereafter adopted, including an ordinance and zone map which divides the jurisdiction of the Commission into zones, with regulations, requirements and procedures for the establishment of land use controls. (Ord. 10-14. Passed 8-14-14.)
(82) "Residential substance abuse treatment facility" means a live in/inpatient facility or center providing substance abuse therapy/treatment to individuals. It does not include group residential homes as defined in WV Code 27-17-2 or a residential care community as defined in WV Code 16-SN-2(k).
(83) "Substance" means both alcohol and controlled substances/drugs
A. No residential substance abuse treatment facility shall be located within any of the following areas:
1. Within 250 feet, as so measured from each property line, of a residential district;
2. Within 500 feet, as so measured, of a public or parochial school;
3. Within 100 feet, as so measured, of any existing residential substance abuse treatment facility.
(Ord. 03-2022. Passed 6-23-22.)
CODIFIED ORDINANCES OF VIENNA