For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BUSINESS. An adult bookstore, movie theater, or movie house or other adult entertainment, as defined herein.
(1) ADULT BOOKSTORE. Any commercial establishment in which is offered for sale as a substantial or significant portion of its stock-in-trade video cassettes, movies, books, magazines or other periodicals, or other media which are distinguished or characterized by their emphasis on nudity or sexual conduct or on activities which, if presented in live presentation, would constitute adult entertainment.
(2) ADULT ENTERTAINMENT. An establishment providing, either as a sole use or in conjunction with or in addition to other uses, entertainment consisting of the use of nudity or of live dancing, posing, displaying, acting, or other live presentation or use of persons whose actions are distinguished or characterized by emphasis on use of the human body in a manner intended to or resulting in arousal of sexual excitation or sexual titillation or a prurient interest or intended to or resulting in producing lustful emotions.
(3) ADULT MOVIE THEATER, MOVIE HOUSE, or ADULT MINI-THEATERS. Any movie theater which on a regular, continuing basis shows films rated X by the Motion Picture Coding Association of America or any movie theater which presents for public viewing on a regular, continuing basis so-called adult films constituting adult entertainment, as defined by this code.
AMPHITHEATER. An outdoor gathering space typically for entertainment which is often constructed with tiers of seats or sloping surfaces that gradually rise outward from a central open space or stage. An AMPHITHEATER may include a bandshell-type structure to provide weather protection to a stage.
AMUSEMENT AND RECREATION CENTER. A business establishment, generally intended for use by all ages, that provides recreation or entertainment, including, but not limited to, swimming pools, dance halls, bowling alleys, skating rinks, billiard and pool halls, video and other coin-operated electronic games, miniature golf courses, indoor archery ranges, table games, trampolines, ball pits, and similar recreational diversions.
ANIMAL HOSPITAL or VETERINARY OFFICE. An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment, but excluding the treatment or other care of humans.
AUTOMOBILE CAR WASH. The use of a site for washing and cleaning of automobiles, recreational vehicles, or other light duty equipment.
BAKERY. An establishment primarily engaged in the retail sale of baked goods for consumption off-site.
BANK/FINANCIAL INSTITUTION. A bank, savings and loan, credit union, or other institution that provides retail banking services to individuals and businesses.
BED AND BREAKFAST INN. A private residence in which overnight accommodations are provided for not more than 12 transient paying guests, along with ancillary services such as providing breakfast, private parties, and evening and lunch meals to guests; holding outdoor events such as weddings, fundraising or civic events for local clubs, and special dinners or meals; and operating gift shops.
BOAT AND MARINE SALES/SERVICE. The sales, service, and repair of new and used boats, boat trailers, marine hardware, and related products.
BOAT STORAGE. An enclosed, partially enclosed, or open facility utilized for the wet or dry storage of boats.
BREWERY PUB. A place of manufacture of nonintoxicating beer or nonintoxicating craft beer owned by a resident brewer as defined by the state code, subject to federal and state regulations and guidelines, a portion of which premises may be designated for retail sales for consumption on the premises of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
BUILDING MATERIAL FACILITY. An establishment that sells home, lawn, and garden supplies and tools and construction materials, such as brick, lumber, hardware, and other similar materials. Construction goods may be located in outdoor storage.
BUS AND TRANSIT FACILITIES. A facility operated as a bus or rail passenger station or transfer center that may have a covered structure. Typical facilities may include station platforms, bus bays, off-street parking, private access roads, and other passenger amenities.
BUS AND TRANSIT SHELTER. A covered structure, located near a street and designed primarily for protection against the weather for bus or other transit passengers.
CATERING BUSINESS. The preparation and delivery of food and beverages for off-site consumption for a fee.
CEMETERY/MAUSOLEUM. Land used or intended to be used for the disposition of human remains and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries and funeral homes when operated with and within the boundary of such cemetery.
CHILD DAY CARE FACILITY. Is divided into four classes.
(1) CHILD DAY CARE FACILITY, CLASS 1. A facility maintained by the state or any county or municipality thereof, or any agency or facility maintained by an individual, firm, corporation, association, or organization, public or private, for the care of 13 or more children for child care services in any setting, if the facility is open for more than 30 days per year per child.
(2) CHILD DAY CARE FACILITY, CLASS 2. A facility which is used to provide child care services for compensation for seven to 12 children, including children who are living in the household who are under six years of age. No more than four of the total number of children may be under 24 months of age. A facility may be in a provider’s residence or a separate building.
(3) CHILD DAY CARE FACILITY, CLASS 3. A facility which is used to provide child care services for compensation in a provider’s residence. The provider may care for no more than six children at one time, including children who are living in the household who are under six years of age. No more than two of the total number of children may be under 24 months of age.
(4) CHILD DAY CARE FACILITY, CLASS 4. Residential child care services for compensation for three or fewer children, including children who are living in the household who are under six years of age. Care is given in the provider’s own home to at least one child who is not related to the caregiver.
CLINIC. An establishment providing medical, dental, chiropractic, psychiatric, substance abuse treatment, or surgical services exclusively on an outpatient basis, including emergency treatment and diagnostic services.
COMMUNITY FACILITY. A nonprofit facility, whether publicly or privately owned, with the primary goal of providing a community service.
CONTINUING CARE FACILITY. One or more of the following types of facilities.
(1) ADULT ASSISTED LIVING. Any facility, residence, or place of accommodation available for four or more residents for the purpose of having personal assistance or supervision, or both, provided to any residents therein who are dependent upon the services of others by reason of physical or mental impairment and who may also require nursing care at a level that is not greater than limited and intermittent nursing care.
(2) NURSING HOME. Any institution, residence, or place, or any part or unit thereof, however named, which is advertised, offered, maintained, or operated by the ownership or management, whether for consideration or not, for the express or implied purpose of providing accommodations and care, for a period of more than 24 hours, for four or more persons who are ill or otherwise incapacitated and in need of extensive, ongoing nursing care due to physical or mental impairment or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation.
(3) SKILLED NURSING FACILITY. An institution, or a distinct part of an institution, that primarily provides inpatient skilled nursing care and related services, or rehabilitation services, to injured, disabled, or sick persons.
CONVENIENCE STORE. A business establishment that offers convenience goods for sale, such as pre-packaged or limited prepared food items, tobacco, and periodicals, but not displaying merchandise or products outdoors, except where such display is required to sell the merchandise. The use does not include the sale of gasoline unless combined with the gas station use.
CONVERSION OF OLD SCHOOLS/CHURCHES. The adaptive reuse of a former school or church for residential or commercial purposes not affiliated with the prior use.
CULTURAL SERVICE. A site used for the collection, display, or preservation of objects of community or cultural interests, such as a library, museum, or similar facility.
DISTILLERY. As defined by state statutes, an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.
DISTRIBUTION FACILITY. Any premises, or part thereof, which provides logistical support for business, such as freight management, inventory control, storage, packaging, and consolidation of goods for distribution.
DOG DAY CARE. An organized, controlled, and monitored environment for a group of dogs to interact and play throughout the day. The purpose is to provide stimulation, exercise, and socialization for dogs, and ancillary services. Overnight stays are not permitted in DOG DAY CARE facilities unless the use is combined with a kennel.
DRIVE-THROUGH FACILITY.
(1) The use of land, buildings, or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant, window, or automated machine, to persons remaining in motorized vehicles that are in a designated lane or parking spot.
(2) A DRIVE-THROUGH FACILITY may be combined with other uses such as a laundry shop, dry cleaning shop, dry cleaner’s distributing station, branch of a bank or financial institution, restaurant, retail store, or automotive service station.
(3) Despite the above, a DRIVE-THROUGH FACILITY does not include a car washing establishment, automobile service station, or a gas station.
DWELLING, APARTMENT. A building containing several and separate dwelling units, having common corridors and stairways and having shared exit and entrance facilities.
DWELLING, CONDOMINIUM. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a CONDOMINIUM unless the undivided interests in the common elements are vested in the unit owners. Yard requirements apply to structures only and not individual ownership units.
DWELLING, CONVERSION APARTMENT. The remodeling of a single-family dwelling unit into two or more separate living units, each having a minimum of 500 square feet of gross floor area and having separate and private sanitary, cooking, and dining facilities.
DWELLING, GARAGE CONVERSION. Conversion of an existing garage to habitable space for domestic use no smaller than 500 square feet of gross living space.
DWELLING, GARDEN HOME APARTMENTS. A freestanding building containing two or three dwelling units, each of which has direct access to the outside.
DWELLING, MIXED-USE. A building containing a residence with commercial or office uses on the ground floor in the front of the building facing the primary street frontage. Residential units may be on the ground floor, provided they are behind commercial uses and cannot be accessed from any portion of the building that faces the primary street.
DWELLING, SINGLE-FAMILY. A detached, permanent structure designed for or occupied exclusively as a residence for only one family.
DWELLING, TOWNHOUSE or ROWHOUSE. A one family dwelling unit, with private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light, and ventilation.
DWELLING, TWO-FAMILY. A freestanding building containing two dwelling units, each of which has direct access to the outside.
EDUCATIONAL INSTITUTION. A college or university giving general academic instruction. Included within this term are areas or structures used for administration, housing of students and faculty, dining halls, and social or athletic activities when located on the institution’s land that is not detached from where classroom facilities are maintained.
EQUIPMENT RENTAL/REPAIR. An establishment involved in renting or repairing small tools and equipment, including janitorial equipment.
ESSENTIAL UTILITIES AND EQUIPMENT. Underground or overhead electrical, gas, communications not regulated by the federal communications commission, water and sewage systems, including pole structures, towers, wires, lines, mains, drains, sewers, conduits, cables, fire alarm boxes, public telephone structures, police call boxes, traffic signals, hydrants, regulating and measuring devices and the structures in which they are housed, and other similar equipment accessories in connection therewith.
EXTRACTIVE INDUSTRY. A heavy industry use that involves the extraction of minerals for sale or other commercial purpose, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.
FACTORY-BUILT HOME. Manufactured and mobile.
(1) MANUFACTURED HOME. A home that meets the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), effective on June 15, 1976, and the federal manufactured home construction and safety standards and regulations promulgated by the Secretary of the United States Department of Housing and Urban Development.
(2) MOBILE HOME. A transportable structure that is wholly, or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and designed for long-term residential use and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), effective on June 15, 1976, and usually built to the voluntary industry standard of the American National Standards Institute (ANSI) A119.1 Standards for Mobile Homes.
FACTORY-BUILT HOME RENTAL COMMUNITY. A parcel of land under single or common ownership upon which two or more factory-built homes are located on a continual, nonrecreational basis together with any structure, equipment, road, or facility intended for use incidental to the occupancy of the factory-built homes, but does not include premises used solely for storage or display of uninhabited factory-built homes or premises occupied solely by a landowner and members of their family.
FARM/CONSTRUCTION EQUIPMENT AND SUPPLY SALES. An establishment engaged in the on-premises lease, rental, or retail sale of new or used construction or farm equipment, with or without incidental service for minor repairs and maintenance.
FARMER’S MARKET. The offering for sale of agricultural products directly to the consumer at an open-air market designated as a community activity.
FLEA MARKET. An outdoor or enclosed commercial activity, open to the general public that offers goods for sale, trade, or barter, regardless of whether they are new, used, antique, or homemade.
FUNERAL HOME/MORTUARY. A building or part thereof used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in the preparation of human remains for burial or disposition of human remains, including cremation; the performance of autopsies and other surgical procedures related to the processing of human remains; the storage of caskets, funeral urns, and other related funeral supplies; the storage of funeral vehicles; and facilities for cremation.
GARAGE, PRIVATE. An accessory structure either attached to or detached from a residential dwelling which is situated on the same property or adjoining property and used for storing personal property by the resident of the dwelling and not to be used as a business.
GARDEN CENTER. An establishment primarily engaged in selling containerized trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools, and other garden supplies to the general public and where no trees, shrubs, or plants are grown on the premises.
GAS STATION. A building, place of business, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing of gasoline, oil and grease, and other vehicle fuels, and including, as an accessory use, the sale and installation of batteries, tires, lubricants, and other automobile accessories and retail items. Minor repair service may also be rendered. May also offer convenience goods for sale, such as prepackaged or limited prepared food items, tobacco, and periodicals, except that the term does not include display of merchandise or products outdoors except where such display is required to sell the merchandise.
GOVERNMENTAL OPERATIONS. Include emergency services; federal, state, or municipal buildings; and post offices. Emergency services include areas utilized for the maintenance, fueling, storage, receiving and dispatching calls or transmissions, or parking of vehicles or equipment providing rescue or ambulatory services.
GREENHOUSE, COMMERCIAL. A building used for the growing of plants, all or part of which are sold at retail or wholesale.
GREENHOUSE, NON-COMMERCIAL. A building or structure under 150 square feet constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other weather-sensitive plants.
GROUP RESIDENTIAL FACILITY. A facility which is owned, leased, or operated by a behavioral health service provider and which provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled; is occupied as a residence by not more than eight individuals who are developmentally disabled and not more than three supervisors or is occupied as a residence by not more than 12 individuals who are behaviorally disabled and not more than three supervisors; is licensed by the Department of Health and Human Resources; and complies with the State Fire Commission for residential facilities.
GROUP RESIDENTIAL HOME. A building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence.
(1) This includes a place for transitional group living arrangements for persons discharged from hospitals, correctional facilities, or in lieu of hospitalization, characterized by the presence of such live-in staff, emphasizing the development of skills necessary for more independent living.
(2) The facility shall be licensed and operated in accordance with all applicable laws.
HEALTH CARE MEDICAL CANNABIS ORGANIZATION. A vertically integrated health system approved by the West Virginia Bureau for Public Health to dispense medical cannabis or grow and process medical cannabis, or both, in accordance with a research study under W. Va. Code Ch. 16A, as amended.
HEALTH CLUB. A building or portion of a building designed and equipped for sports, exercise, or other customary and usual recreational activities, operated for profit. The sale of sports nutrition products, non-alcoholic beverages, packaged health foods, exercise clothing, and sports videos and magazines is permitted as an accessory use to such facilities.
HOME-BASED BUSINESS (LOW IMPACT). An accessory use intended to allow commercial enterprises that generate limited numbers of customer visits or merchandise deliveries to a residential dwelling. Use involves limited customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with the use of a dwelling.
HOME-BASED BUSINESS (NO IMPACT). An accessory use intended to allow businesses that rely solely on electronic or off-premise transactions to perform such operations from a residence. The use involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions, to or from the premises, in excess of those normally associated with residential use.
HOSPITAL. An institution designed for the diagnosis, treatment, and care of human illness or infirmity and providing health services, primarily for inpatients, and including related facilities, laboratories, outpatient departments, training facilities, and staff offices.
HOTEL/MOTEL. A building or group of buildings in which lodging is provided and offered for compensation. The building may also include dining rooms, kitchens, serving rooms, ballrooms, and other facilities and services intended primarily for the accommodation of its patrons.
INDUSTRIAL PARK. An area of land arranged or constructed in accordance with a plan for a group of business purposes, having separate building sites designed and arranged on streets and having utility services, setbacks, side yards, and covenants or other such regulations controlling or restricting uses.
KENNEL. Any establishment wherein cats and dogs are kept or boarded, registered under W. Va. Code 19-20-3. Business may be conducted in conjunction with a dog day care or veterinary clinic, where both combined uses are both permitted within a district.
LIQUOR STORE. An establishment operated under the authority of the W. Va. Code Ch. 60, Art. 3A, and primarily engaged in the retail sale of packaged alcoholic beverages such as ale, beer, wine, or whiskey, for off-premises consumption.
LUMBERYARD. An establishment where processed wood timbers and products are stored for bulk and retail sale.
MANUFACTURING (LIGHT). The manufacturing, compounding, processing, assembling, packaging, printing, or testing of goods or equipment, including, but not limited to, newspaper printing and distribution and research activities conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans, and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust, or pollutants.
MEDICAL ADULT DAY CARE CENTER. An ambulatory health care facility which provides an organized day program of therapeutic, social, and health maintenance and restorative services and whose general goal is to provide an alternative to 24-hour long-term institutional care to elderly or disabled adults who are in need of such services by virtue of physical and mental impairment.
MEDICAL CANNABIS DISPENSARY. A place where processed medical cannabis products are permitted to be sold to qualifying consumers, as provided for in the W. Va. Code Ch. 16A, as amended. This term does not include a health care medical cannabis organization as defined in W. Va. Code Ch. 16A, as amended.
MEDICAL CANNABIS GROWING FACILITY. A place where medical cannabis is permitted to be grown, as provided for in the W. Va. Code Ch. 16A, as amended. This term does not include a health care medical cannabis organization as defined in the W. Va. Code Ch. 16A, as amended.
MEDICAL CANNABIS ORGANIZATION. A dispensary, grower, or processor. The term does not include a health care medical cannabis organization as defined in the W. Va. Code Ch. 16A, as amended.
MEDICAL CANNABIS PROCESSING FACILITY. A place where medical cannabis is permitted to be processed, refined, or otherwise converted into a legally permitted state, as provided for in the W. Va. Code Chapter 16A, as amended. This term does not include a health care medical cannabis organization as defined in the W. Va. Code Ch. 16A, as amended.
NIGHT CLUB. An establishment for evening entertainment, generally open until the early morning, that serves liquor and usually food and offers patrons music, comedy acts, a floor show, or dancing but is not characterized as a forum for sexually oriented material.
OFFICE SUPPLY ESTABLISHMENT. A place of business where stationery, furniture, and other supplies typically used in offices are the main items offered for sale.
PARCEL DELIVERY FACILITY. An establishment engaged in the delivery, receipt, and transmittal of documents, packages, and parcels.
PARK. Land set aside for open space and recreational purposes.
PARKING LOT. An off-street surfaced area used for parking two or more vehicles which is served by an entrance and possibly an access way connecting the parking lot and a public or private road, but does not include parking for a single-family or two-family dwelling.
PARKING STRUCTURE. A building with multiple stories of off-street parking spaces where vehicles are temporarily stored with or without a nominal fee, in association with occupational, retail, entertainment, recreational, municipal, educational, or residential uses.
PERSONAL SERVICE. A business providing services to a person, their apparel, or personal effects commonly carried on or about their person, including, but not limited to, shoe repair, tailoring, watch repair, beauty shops, barbershops, tanning and nail salons, laundromats, and dry cleaning.
PET SHOP. An establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public.
PHARMACY. An establishment in which prescription or nonprescription drugs or devices are compounded, dispensed, or distributed. Ancillary retail items also may be sold.
PHOTOGRAPHIC STUDIO. A retail establishment for the purpose of photographing subjects and processing photographs for commercial purposes, but not including photography requiring professional models.
PLACES OF WORSHIP/RELIGIOUS INSTITUTION. A building wherein persons regularly assemble for acts of religious devotion and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes a church, synagogue, temple, mosque, or other such place for worship and religious activities. Customary accessory uses include a wide range of religious activities, including a caretaker’s residence; fellowship halls, parish halls, and similar buildings; rooms used for meetings, religious education, and similar functions; a gymnasium; a playground; the sale of items associated with the practice of religion; and faith-based social services such as homeless shelters, group homes, and soup kitchens.
PRIVATE CLUB. Any corporation or unincorporated association meeting the definition of private club in W. Va. Code 60-7-2(a), and licensed and in compliance with W. Va. Code Ch. 60, Art. 7 to sell liquor, beer, and wine.
PROFESSIONAL SERVICES. Any office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents, and others who are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing, or other administrative functions, but not including banks or other financial institutions and personal services.
RADIO OR TELEVISION BROADCASTING STUDIO. A structure housing the operation of the over-the-air distribution of audio or video signals to a large number of recipients (“listeners” or “viewers”) within the technical reach of the signals.
RECREATION, PRIVATE. An enterprise operated by an individual or non-profit association or corporation, other than a public entity, for the pursuit of sports and recreational activities, including, but not limited to, such establishments as country clubs, golf courses, sports clubs, golf practice facilities, playing fields, tennis or racquet clubs, swimming pools, canoe liveries, and similar facilities.
RECREATION, PUBLIC. An enterprise owned and operated by a public entity, available to the general public, whether or not an admission fee is charged, including either indoor or outdoor facilities for the pursuit of sports, recreation, or leisure activities, including, but not limited to, parks, playgrounds, playing fields, fishing access, golf courses, golf or batting practice facilities, tennis courts, swimming pools, and similar facilities.
RESEARCH AND DEVELOPMENT. Investigative activities a business conducts to improve existing products or services or to lead to the creation of new products and procedures that do not involve the mass manufacture, fabrication, processing, sale of products; or a structure or complex of structures designed or used primarily for research development functions related to industry and similar fields of endeavor.
RESTAURANT. A commercial establishment with an equipped kitchen where food and beverages are prepared and served, and where food sales constitute more than 60% of the gross sales receipts.
RETAIL STORE.
(1) A business having as its primary function the supply of merchandise or wares to the end consumer. Such sales constitute the “primary function” of the business when such sales equal at least 80% of the gross sales of the business.
(2) Divided into two classes of retail stores based on gross floor area:
(a) Retail store/small < 7,000 feet of gross floor area; and
(b) Retail store/large > 7,000 feet of gross floor area.
ROADSIDE STAND. A stand offering for sale agricultural products grown on the premises.
ROADSIDE VENDOR STAND. Location, trailers, truck beds, or similar facilities offering products for sale that are not produced on the immediate premises.
SCHOOL, COMMERCIAL. An educational establishment to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to educational establishments that are owned and operated privately for profit.
SCHOOL, PRE-SCHOOL TO 12. An educational establishment offering educational instruction between pre-school through twelfth grade. Schools can be public or private, licensed in accordance with the state code.
SELF-STORAGE FACILITY. A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.
SENIOR INDEPENDENT HOUSING. A single-family or multi-family development intended for, operated for, and designed to accommodate residents 55 years of age or older. SENIOR INDEPENDENT HOUSING communities are designed for seniors who are able to live independently or need assistance with daily care.
SHOPPING CENTER. A group of retail and other commercial establishments that is planned, owned, and managed as a single property.
SOLAR ENERGY SYSTEM.
(1) An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy or heating requirements of the on-site user, or which is to be sold to a utility company to be used by others, or sold directly to other users.
(2) A SOLAR ENERGY SYSTEM may be ground mounted (i.e., placed on top of the ground surface) or roof mounted (i.e., placed on or as an integral part of a building).
(a) SMALL SOLAR ENERGY SYSTEM. Solar energy systems installed for personal use in residences, commercial properties, and institutions.
(b) LARGE SOLAR ENERGY SYSTEM. Solar energy systems installed on large parcels of land for the purpose of generating revenue or utility-scale systems installed to benefit the community.
SPORTS ARENA. A central stage, ring, area, or the like, used for sports and surrounded by seats for spectators.
STUDIO, DANCING, MUSIC, OR ART. A facility used for the rehearsal or performance of performing arts, such as music, dance, or theatre; teaching classes in creative arts, such as painting, drawing, sculpting, potting, beading, or otherwise creating art; or for the display or sale of art in general or during special events. Food and alcoholic beverages may be served and fees charged as accessory uses during special events.
TATTOO PARLOR/BODY PIERCING STUDIO. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or both of the following: placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
TAVERN/DRINKING ESTABLISHMENT/BAR. An establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises and which may offer food for consumption on premises as an ancillary use.
TELECOMMUNICATIONS, CLASS I. Facilities that include, but are not limited to, such facilities as television antennas, ham radio antennas, am/fm reception. No Class I facility may be utilized for cellular phone reception.
TELECOMMUNICATIONS, CLASS II. Facilities that include, but are not limited to, such facilities as antennas and associated electronic equipment designed expressly for use by cellular phone companies, as regulated under the Federal Telecommunication Act of 1996, being Pub. L. 104-104, Sec. 1(a), 110 Stat. 56, that are not intended to be supported by or attached to a new telecommunications tower, as defined. They may be attached to existing, permitted tower structures, or to existing structures not originally intended to support telecommunications facilities, as provided for in this code.
TELECOMMUNICATIONS, CLASS III. Facilities that include, but are not limited to, such facilities as antennas and associated electronic equipment that is supported by or attached to a new telecommunications tower, as defined herein, and is designed expressly for use by cell phone companies, as regulated under the Federal Telecommunications Act of 1996.
TEMPORARY STRUCTURE. A structure or part thereof, operated on a non-profit basis to temporarily house families or individuals who are victims of disaster, who are affected through action on the part of or on behalf of the municipality other than routine, redevelopment-related relocation activities, or who have bona fide state or federal emergency housing needs.
THEATER. A building or part of a building devoted to presenting motion pictures or live performances.
THEATER, DRIVE-IN. An open space with an outdoor movie screen, or comparable flat surface, where people may view motion pictures primarily from parked personal automobiles. The use may include outdoor picnic tables, playgrounds, and concessions.
TOURIST HOME, BOARDING HOUSE, or ROOMING HOUSE. A dwelling, other than hotel, motel, or restaurant, advertised as supplying overnight lodging wherein one or more persons are sheltered and/or fed for profit. No cooking or dining facilities are provided in individual rooms. The accommodations are rented on a daily or weekly basis and are not occupied by the owner or manager at the time of rental.
TRUCK TERMINAL. A facility where freight is unloaded from interstate trucks or intermodal trailers and containers carried on the railroad and loaded onto local delivery trucks.
VEHICLE REPAIR/SERVICE/SALES/RENTAL. Any building, structure, improvements, or land used for the repair or maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of citizens band (CB) radios, car alarms, stereo equipment, or cellular telephones.
VIDEO GAMING OR LOTTERY ESTABLISHMENT. An establishment at which any form of gambling of chance is permitted or played, including “video lottery” machines licensed by the West Virginia Lottery Commission pursuant to the state code, but excluding establishments that only sell lottery tickets.
WAREHOUSE. A facility characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production.
WATER TREATMENT PLANT. Facilities that treat water and produce potable water for public consumption.
WHOLESALE ESTABLISHMENT. The sale of commodities to retailers or jobbers, including the sale of commodities for the purpose of carrying on any trade or business even if the said trade or business is the consumer or end user of the commodity.
WIND ENERGY SYSTEM. Any electric generation facility whose main purpose is to convert and store wind energy into usable forms of energy which includes the wind turbine(s), structural supports, electrical infrastructure, and other appurtenant structures and facilities. Consisting of a maximum of one wind turbine per lot.
WINERY. An establishment where wine is manufactured or in any way prepared in accordance with the West Virginia Code.
(Ord. passed 6-3-2019)