For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. Any motor vehicle, or major part thereof, which is inoperative and which has been abandoned on public property for any period over five days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher or any motor vehicle, or major part thereof, which has remained on private property without consent of the owner or person in control of the property for any period over five days; or any motor vehicle, or, major part thereof, which is unattended, discarded, deserted, and unlicensed and is not in an enclosed building, a licensed salvage yard, or the actual possession of a demolisher; provided, that a motor vehicle, or major part thereof, is not an abandoned motor vehicle if: the owner of the motor vehicle is storing the motor vehicle on the owner’s property; the motor vehicle is being stored for the purpose of using its parts on other motor vehicles owned by the owner; the owner owns other motor vehicles similar to the motor vehicle being stored; and the owner is a business licensed to do business in the State of West Virginia and not in the primary business of offering motor vehicles or parts thereof for sale.
ABANDONMENT. The relinquishment of property or a cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or without any intention to resume a nonconforming use of the property for a period of one year.
ACCESSORY STRUCTURE or ACCESSORY BUILDING. A structure or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure, including, but not limited to, swimming pools, piers and other water-related structures, parking, fences, gazebos, satellite dishes, doghouses and dog-related structures, noncommercial greenhouses, sheds, and private garages.
ACCESSORY USE. A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, including, but not limited to, urban agriculture and home-based businesses.
ACCESSWAY. A private vehicular facility for townhomes, multi-family dwellings, and condominiums, serving more than four dwelling units, and commercial developments that extends from the curb-line of a public or private road to the parking lot.
ADVERTISING. Any words, symbol, color, or design used for commercial speech.
AGGRIEVED or AGGRIEVED PERSON. A person who is denied by the Planning Commission, Board of Subdivision and Land Development Appeals, or the Board of Zoning Appeals, in whole or in part, the relief sought in any application or appeal; or has demonstrated that he or she will suffer a peculiar injury, prejudice, or inconvenience beyond that which other residents of the municipality may suffer.
ALLEY. A service roadway less than 20 feet long providing a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATION. Any change or expansion in the size, configuration, exterior features, or location of a structure; or any change or expansion in the use of a structure or lot from a previously approved or legally existing size, configuration, location, or use.
ANTENNA SUPPORT STRUCTURE. Any building or structure other than a tower which can be used for location of telecommunications facilities.
AUTOMOBILE. A road vehicle, typically with four wheels, able to carry a small number of people.
BASEMENT. A story having one half or more of its clear height below grade.
BOARD or BOARD OF ZONING APPEALS. The officially constituted body appointed to carry out duties and responsibilities in accordance with the W. Va. Code Ch. 8A, Art. 8 et seq., as amended.
BOLLARD. A short, vertical, and permanent post, usually ornamental in nature, used to inhibit trespass by persons or vehicles, or to prevent encroachment onto private property or other defined space.
BUILDING. Any structure having enclosing walls and roofs and requiring a permanent location on the land.
(1) PRINCIPAL BUILDING. A building in which is conducted the principal use of the site or lot on which it is situated. In all residential districts, a dwelling is the PRINCIPAL BUILDING on the lot on which it is located.
(2) BUILDING FRONTAGE. The length of the main wall of a building which physically encloses usable interior space and which is the architecturally designed wall that contains the main entrance for use by the general public. Said FRONTAGE is measured at a height of ten feet above grade.
(3) BUILDING, HEIGHT OF. The vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the coping of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of gable, hip, or gambrel roof.
BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest part of any principal building, including decks, patios, covered porches, steps, and landings exceeding 24 square feet, but excluding eaves, overhangs, bay windows, sills, belt courses, cornices, and ornamental features not exceeding two feet in width, to the nearest edge of a street right-of-way, property line, or easement line, when measured perpendicular thereto.
CENTERLINE. An imaginary line running parallel to street or easement right-of-way lines and equidistant from the lines on each side of the street or easement, or a line following the center of a physical feature such as a stream.
CLEAR SIGHT TRIANGLE. The triangular area formed by intersecting street, alley, or other public right-of-way centerlines and a line interconnecting points established on each centerline, 75 feet from the point of intersection and the plane established three and one-half feet in elevation to a height of ten feet from grade level at the intersection of the street, alley, or other public right-of-way centerline.
COMPACT PARKING STALL. An off-street space available for parking of one automobile and having an area not less than seven feet in width by 16 feet in depth and an area exclusive of passageways, accessways, and driveways appurtenant thereto, and having a means to direct access to a street or road.
COMPREHENSIVE PLAN. The comprehensive plan for the City of Weston.
CONDITIONAL USE. A use which because of special requirements or characteristics may be permitted in a particular zoning district only after review by the Board of Zoning Appeals and upon issuance of a conditional use permit, and subject to the limitations and conditions specified in this code.
COUNCIL. The Council of the City of Weston.
COUNTY. Lewis County, West Virginia.
DRIVEWAY. Privately owned vehicular access from a street to properties abutting the street and serving no more than four dwelling units.
DWELLING. A house, apartment building, or other building designed or used primarily for human habitation, but not including boarding houses, rooming houses, tourist homes, motels, hotels, or other structures designed for transient residence.
DWELLING UNIT. Any dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities.
EXISTING USE. Use of land, buildings, or activity permitted or in existence prior to the adoption of a zoning map or ordinances by the county or municipality. If the use is nonconforming to local ordinance and lawfully existed prior to the adoption of the ordinance, the use may continue to exist as a nonconforming use until abandoned for a period of one year, provided that in the case of natural resources, the absence of natural resources extraction or harvesting is not abandonment of the use.
FAMILY. An individual or two or more persons related by blood, marriage, adoption, or foster relationship, or no more than three unrelated individuals and individuals related by blood, marriage, adoption, or foster relationship to any of those three unrelated individuals, living together as a single housekeeping unit and sharing common living, dining, and kitchen areas, subject to the requirements of the Building Code.
FENCE. An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate an area.
FLOOR AREA, GROSS. The total area of a building measured by taking the outside dimensions of the building at each floor level.
FRONT BUILDING LINE. A line parallel to the front lot line, at a distance measured perpendicular therefrom as prescribed in this code for a required yard. Where there is no required yard, the lot line is the FRONT BUILDING LINE.
GARAGE SALE. The sale of personal property owned or maintained by occupants of the premises in, at, or upon any residentially zoned or residentially occupied property. GARAGE SALES include, but are not limited to, any yard sale, multi-family sale, home sale, patio sale, or any other sale similarly conducted on any residentially zoned or residentially occupied property.
HISTORIC DISTRICT. A geographically definable area, designated as historic on a national state, or local register, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.
HISTORIC LANDMARK. A site, building, structure, or object designated as historic on a national, state, or local register.
HISTORIC SITE. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure and designated as historic on a national, state, or local register.
LANDSCAPING. The bringing of the soil surface to a smooth finished grade, installing trees, shrubs, ground cover, grass, and similar vegetation to soften building lines, provide shade, and generally produce a pleasing visual effect of the premises.
LOADING SPACE. An area or berth available for the loading or unloading of goods from commercial vehicles.
LOT. A parcel of land with boundaries established by some legal instrument, such as a recorded deed or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title, together with the customary accessories and open spaces belonging to the same.
(1) LOT, CORNER. A lot at the junction of and abutting two or more intersecting streets.
(2) LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street.
(3) LOT, FLAG. A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway, or “handle”.
(4) LOT, IRREGULAR. A lot of such shape or configuration that technically meets the area, frontage, and width-to-depth requirements of the ordinance but has unusual elongations, angles, and curvilinear lines.
LOT LINE. Property boundary line of any lot held in single or joint ownership that divides one lot from another or from a street or any other public or private space.
(1) FRONT LOT LINE. In the case of an interior lot, a line separating the lot from the street or public right-of-way; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.
(2) REAR LOT LINE. A lot line that is opposite and more distant from the front lot line, except corner lots have no rear lot line. In the case of an irregular lot, a line ten feet in length within the lot and parallel to and at the maximum distance from the front lot line.
(3) SIDE LOT LINE. Any lot line other than a front or rear lot line.
LOT, THROUGH, DOUBLE FRONTAGE, or REVERSE FRONTAGE. A lot other than a corner lot facing on more than one street. THROUGH LOTS abutting two streets may be referred to as DOUBLE FRONTAGE LOTS.
LOT WIDTH. The distance measured between side lot lines, at the required building setback line. In a case where there is only one side lot line, LOT WIDTH is measured between such side lot line and the opposite rear lot lines or street line.
NONCONFORMING BUILDING OR STRUCTURE. A building or structure lawfully constructed and not otherwise abandoned, existing on the effective date of this code, on the effective date of any amendment thereto, or prior to annexation, which renders such building or structure illegal within a district, or not complying in any fashion with any of the rules, requirements, and regulations of this code or any amendments thereto.
NONCONFORMING LOT. A lot or parcel of land that was of record and lawfully established and maintained but which, because of the enactment of this code or any amendment thereto, or prior to annexation, no longer conforms to the land use standards or use regulations of the district in which it is located.
NONCONFORMING SIGN. Any sign which was lawfully erected, maintained, and existing on the effective date of this code, on the effective date of any amendment thereto, or prior to annexation, which renders such existing sign illegal within a district or not complying in any fashion with any of the rules, requirements, and regulations of this code or any amendments thereto, or any sign which is accessory to a nonconforming use.
NONCONFORMING USE. Any actual and active use lawfully being made of any land, building, or structure not otherwise abandoned, existing on the effective date of this code, on the effective date of any amendment thereto, or prior to annexation, which renders such existing use illegal within a district, or not complying in any fashion with any of the rules, requirements, and regulations of this code or any amendments thereto.
NONINTOXICATING BEER. All natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale, and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect, containing at least 0.5% alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or 12% by volume, whichever is greater.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OWNER. Any individual, firm, association, syndicate, estate, corporation, trust, or any other legal entity having proprietary interest in the land.
PARALLEL PARKING STALL. An off-street space available for parking of one automobile and having an area not less than eight feet by 20 feet and an area exclusive of passageways, accessways, and driveways appurtenant thereto, and having a means to direct access to a street or road.
PARKING STALL. An off-street space available for parking one automobile and having an area not less than nine feet by 18 feet and an area exclusive of passageways, accessways, and driveways appurtenant thereto, and having a means to direct access to a street or road.
PATIO. An area consisting of natural or human-made material constructed at or near grade level, intended for use as an outdoor living area, and not enclosed by a permanent roof or awning.
PERMITTED USE (USE PERMITTED BY RIGHT). Any use requiring no special action by any governmental body, agency, or staff member before the zoning permit is granted by the Zoning Officer, subject to all other applicable provisions of this code.
PORCH. A covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes.
PUBLIC AREA. Any public place, public right-of-way, any parking area or right-of-way open to use by the general public, or any navigable body of water.
RIGHT-OF-WAY (ROW). A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another similar use.
SATELLITE SIGNAL RECEIVING STATION. Devices commonly parabolic in shape, mounted at a fixed point on a structure or on rooftops, for the purpose of capturing electronic television or internet signals transmitted via satellite communication facilities and serving the same or similar function as the common television antenna. Such devices are accessory structures.
SCREENING. The use of plant materials, fencing, or earthen berms to aid in the concealment of such features as parking areas and vehicles within them, and to provide privacy between two or more different adjoining land uses.
SETBACK. The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
(1) FRONT SETBACK. The shortest distance between the building setback line and the front lot line.
(2) REAR SETBACK. The shortest distance between the building setback line and the rear lot line.
(3) SIDE SETBACK. The shortest distance between the building setback line and the side lot line.
SIGN. Any device (writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant, or any other device, figure or character, or delineation) with the essential purpose to communicate, designed to communicate, or where context results in communication, and such communication is aimed at persons in a public right-of-way.
(1) A-FRAME SIGN. A two-faced sign with supports that are connected at the top and separated at the base with an internal angle between the two faces of no more than a 45 degree angle, forming an “A” shape not more than four feet high. These are also referred to as SANDWICH BOARD SIGNS and are included in the term PORTABLE SIGN.
(2) ANIMATED SIGN or MOVING SIGN. A sign or part of a sign that is designed to rotate, move, or appear to rotate or move. Such a sign is sometimes referred to as a MOVING SIGN. ANIMATED SIGNS include signs with moving graphic features such as scrolling text or images that appear to move; MOVING SIGNS change features such as fly-in, wipe-off, fading, dissolving, traveling, or expanding displays or any other full message sign change taking longer than 0.3 seconds; and static electronic message displays displayed less than seven seconds. ANIMATED SIGNS also include signs propelled by vehicle, watercraft, or aircraft where the primary purpose of the vehicle, watercraft, or aircraft at the time of sign display is to propel the sign.
(3) AWNING SIGN or CANOPY SIGN. A sign placed directly on the surface of an awning or canopy, which is a roof-like structure either projecting from a building facade and open on three sides, or standing alone and open on four sides, and used for the purpose of protecting pedestrians and motorists from weather related elements.
(4) BANNER. A sign of flexible material affixed to a framework or flat surface. BANNERS are not flags for purposes of this code.
(5) BEACON. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source or any light with one or more beams that rotate or move.
(6) CHALKBOARD SIGN. A single-faced, framed slate, or chalkboard that can be written on with chalk or similar markers.
(7) CHANGEABLE COPY SIGN. A sign or part of a sign that is designed so that characters, letters, or illustrations can be manually or physically changed or rearranged without altering the face or surface of the sign.
(8) ELECTRONIC MESSAGE DISPLAY.
(a) A sign that is either light emitting or light reflective and that is capable of changing the displayed message through electronic programming.
(b) ELECTRONIC MESSAGE DISPLAYS are divided into four categories.
1. STATIC ELECTRONIC MESSAGE DISPLAY. An electronic message display that is not an animated sign.
2. STATIC ELECTRONIC MESSAGE DISPLAY WITH TRANSITION FEATURES. An electronic message display that remains static except for no more than a two second transition feature such as fading, dissolving, or a single instance of fly-in, wipe-off, expansion, or traveling that occurs no more often than every seven seconds.
3. ELECTRONIC MESSAGE DISPLAY, PARTIALLY ANIMATED. An electronic message display with animated or moving text or graphics.
4. ELECTRONIC MESSAGE DISPLAY, FULLY ANIMATED. An electronic message display with full animation features.
(9) FEATHER SIGN/FEATHER FLAG/TEARDROP FLAG/WIND FLAG. A lightweight, portable flag made of cloth, plastic, or similar material mounted along one edge on a single, vertical, flexible pole, the physical structure of which may resemble a sail, bow, or teardrop.
(10) FLAG. A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol or decoration.
(11) FLASHING SIGN. A sign that includes lights that flash, blink, turn on and off intermittently, or otherwise vary light intensity during the display of a message.
(12) FREESTANDING SIGN, GROUND-MOUNTED SIGN, or POLE SIGN. Any nonportable sign supported by a fence, retaining wall, or by pole, upright structural members, or braces on or in the ground and not attached to a building.
(13) GEOLOGICAL SIGNS. Signs made of or that appear to be made of geological formations, including, but not limited to, standalone rocks or mountain sides, and convey a message that is etched, carved, painted, or similarly incorporated into the sign’s material.
(14) ILLEGAL SIGN. Any sign erected without obtaining a required permit or which otherwise does not comply with any provision of this code.
(15) INFLATABLE/TETHERED SIGNS. Signs which are filled with a gaseous substance to convey a message or to draw attention to a message or location.
(16) MARQUEE SIGN. A sign attached to and made a part of a marquee or any similar projections from a building, with changeable, fixed, or both types of lettering in use.
(17) MINOR SIGN. A sign not exceeding two square feet in area, not exceeding four feet in height, and not illuminated.
(18) MONUMENT SIGN. A sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another; not a pole sign.
(19) NEON SIGN. A sign containing exposed tubes filled with light-emitting gas.
(20) OFF-PREMISES SIGN. A commercial sign not accessory to or associated with the principal use on a lot, or that is the principal use of a lot.
(21) PENNANT. A geometric shaped flag made of flexible materials, suspended from one or two corners fastened to a string, which is secured or tethered so as to allow movement and used as an attention-getting form of media.
(22) PERSON-ASSISTED SIGN. A sign that includes an individual who holds, moves, wears, or otherwise directs attention to a commercial sign.
(23) PROJECTING SIGN. A sign attached to and projecting more than 12 inches from the face of a wall or building, but does not project above the parapet or eave line of the building and is a minimum of eight feet above any walking surface or 20 feet above any driving surface.
(24) ROOF SIGN. A sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.
(25) TEMPORARY SIGN. Any sign intended to be displayed for a limited period of time not to exceed 60 days.
(26) VEHICLE OR TRAILER SIGN. Any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of commercial speech and fails to display current license plates, inspection sticker, or municipal decal; if the vehicle is inoperable; if evidence of paid-to-date local taxes cannot be made available; or if the sign alters the standard design of such vehicle or trailer.
(27) WALL SIGN. Any sign, inscription, artwork, figure, marking, or design that is attached, painted, drawn, marked, etched, or scratched onto a wall or against a flat vertical exterior surface of a structure, including portions of doors which do not contain windows.
(28) WICKET SIGN. A sign with an H- or U-shaped frame that is put into the ground or placed above the ground.
(29) WINDOW SIGN. Any sign visible outside the window and attached to or within 18 inches in front of or behind the surface of a window or door.
SIGN FACE. The portion of a sign structure bearing the message.
SIGN STRUCTURE. Any structure bearing a sign face.
SPECIAL FLOOD HAZARD AREA. The area that will be inundated by the flood event having a 1% chance of being equaled or exceeded in any given year. The 1% annual chance flood is also referred to as the base flood or 100-year flood.
SPECIFIED ANATOMICAL AREAS or NUDITY. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola, or human male genitals in a discernible turgid state; even if completely and opaquely covered.
STEALTH, TECHNOLOGY. Telecommunications facilities which are designed to be compatible with the surroundings and which camouflage or partially conceal the presence of telecommunications towers and facilities, including telecommunication facilities erected on alternative structures such as ball field light poles, electric utility poles, water towers, and similar existing structures.
STREET. A dedicated and accepted public right-of-way for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated.
TELECOMMUNICATIONS TOWER. Any structure that is designated and constructed primarily for the purpose of supporting one or more telecommunication antennas. This includes guyed towers, lattice towers, monopoles, and towers taller than 15 feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.
TRAILER, CAMPING AND RECREATIONAL EQUIPMENT. Travel trailers, pickup coaches, motorized homes, recreational vehicles, and equipment as follows.
(1) TRAVEL TRAILER. A portable structure built on a chassis, designed to be towed and used as a temporary dwelling for travel, recreational, and vacation purposes, and permanently identified as a TRAVEL TRAILER by the manufacturer of the trailer.
(2) PICKUP COACH. A structure designed primarily to be mounted on a pickup or other truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, and vacation purposes.
(3) MOTORIZED HOME. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(4) BOAT. A vessel designed to travel on water.
(5) BOAT TRAILER. A trailer designed to haul a boat.
URBAN AGRICULTURE. Land used for community gardens, keeping of rabbits, and other small- scale agricultural activities.
USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation performed in a building or other structure, or on a tract of land.
VARIANCE. A deviation from the minimum standards of this code, but not permitting land uses that are otherwise prohibited in the zoning district or changing the zoning classifications of a parcel of land.
VEHICLE. Any device in, upon, or by which any person or property is or may be transported or drawn upon a street, including automobiles, and excepting tractors, agricultural machinery, devices moved by human power or used upon stationary rails or tracks.
VERTICALLY INTEGRATED HEALTH SYSTEM. A health delivery system in which the complete spectrum of care, including primary and specialty care, hospitalization and pharmaceutical care, is provided within a single organization.
YARD.
(1) Open space that lays between the principal building or structure and the nearest lot line. Any lot, building, or structure with characteristics that require an individual determination of yard location will be resolved at the discretion of the Zoning Officer.
(2) YARDS are further classified as front, rear, and side.
(a) YARD, FRONT. A space extending the full width of the lot between the architectural front of the principal building or structure and the front lot line.
(b) YARD, REAR. A space extending the full width of the lot between the architectural rear of the principal building or structure and the rear lot line.
(c) YARD, SIDE. A space extending from the front yard to the rear yard between the principal building facade and the side lot line.
ZONING. The division of a municipality or county into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones.
ZONING OFFICER. The person designated by the City of Weston through the Board of Zoning Appeals to administer and enforce the provisions of this code.
(Ord. passed 6-3-2019)