For the purpose of this Ordinance, the following words and phrases shall have the meaning respectively prescribed to them by this section. If not defined herein, or within other sections of this Ordinance, terms used in this Ordinance shall have the meanings provided in any standard dictionary or American Planning Association publication as determined by the Planning Commission.
(1) 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 resuming the nonconforming use of the property for a period of one year.
(2) ABUTTING - Having a common border with, or being separated from such a common border only by a right-of-way, alley, or easement.
(3) ACCESS - A means of vehicular or pedestrian approach, entry to, or exit from property.
(4) ACCESS MANAGEMENT - The process of providing and managing access to land development while preserving the regional flow of traffic in terms of safety, capacity and speed.
(5) ACCESSORY BUILDING - See ACCESSORY STRUCTURE.
(6) ACCESSORY STRUCTURE - A subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure must be incidental and accessory to the use of the principal building. Accessory structures include detached garages, carports, sheds, greenhouses, playhouses and the like. Also known as ACCESSORY BUILDING.
(7) ACCESSORY USE - A use subordinate to another use located on the same lot which does not change or alter the character of the premises.
(8) ACREAGE, GROSS - The total area within a parcel of land.
(9) ACREAGE, NET - The area within lot boundaries of all lands comprising the building site. A net acre shall not include any existing rights-of-way and flood or drainage control easements.
(10) ADDITION - Any increase in the gross floor area of a building or structure or use, including those in which the building footprint is not enlarged.
(11) ADMINISTRATIVE OFFICE - An office establishment primarily engaged in overall management and general supervisory functions, such as executive, personnel, finance, legal and sales activities, performed in a single location or building for other branches or divisions of the same occupancy.
(12) ADULT BOOK STORE - An establishment having more than 10 square feet of floor area devoted to stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" as defined in this Ordinance. Also referred to as a SEXUALLY-ORIENTED BUSINESS.
(13) ADULT ENTERTAINMENT - An establishment used for presenting persons depicting, showing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined in this Ordinance.
(14) ADULT MOTION PICTURE THEATER - An establishment used for presenting motion picture material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined in this Ordinance, for observation by patrons thereto. Also referred to as a SEXUALLY ORIENTED BUSINESS.
(15) ADULT VIDEO STORE - An establishment having more than 10 square feet of floor area devoted to offering videos which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined in this Ordinance, or an establishment with a segment or section devoted to the sale or display of such material. Also referred to as a SEXUALLY ORIENTED BUSINESS.
(16) ADVERSE IMPACT - A negative consequence for the physical, social, or economic environment resulting from an action or project.
(17) AFFECTED PERSONS - Those owners of record of real property located in whole or in part within 200 feet, including public streets and other rights-of-way.
(18) AFFORDABLE HOUSING - Housing renting for a monthly rent, or housing that may be purchased with monthly payments (including principal, interest, taxes, insurance, homeowners association fees, etc.) that are not more than 30 percent of the total monthly household income of low-income households (defined to be a household earning less than 80 percent of the median annual income, adjusted for household size, as determined by the" United States Department of Housing and Urban Development).
(19) AGGRIEVED PERSON.- A person who:
A. Is denied by the Planning Commission or the Board of Zoning Appeals, in whole or in part, the relief sought in any application or appeal, or
B. Has demonstrated that he or she will suffer a peculiar injury, prejudice or inconvenience beyond that which other residents of the City may suffer.
(20) AGRICULTURAL ACTIVITY - Farming, including plowing, tillage, cropping, installation of best management practices, seeding, animal and poultry husbandry, cultivating, or harvesting for the production of food and fiber products (except commercial logging and timber harvesting).
(21) AICP - The American Institute of Certified Planners.
(22) AIRPORT - Any area of land or water designated, set aside, used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings.
(23) ALLEY - A right-of-way dedicated to public use, other than a street, road, crosswalk, or easement, designed to provide a secondary means of access for the special accommodation of the property it reaches. An alley shall not be considered adequate as the sole access for a parcel of land.
(24) ALTERATION - Any change, addition or modification in construction or occupancy of an existing structure.
(25) AMENITY - Aesthetic or other characteristics of a development that increase its desirability to a community or its marketability to the public. Amenities may differ from development to development but may include such things as a unified building design, recreational facilities (e.g. swimming pool, walking trails, bicycle trails, lakes, tennis courts, picnic areas, playgrounds), views, landscaping, etc.
(26) AMPHITHEATER - An open air structure devoted primarily to the showing of theatrical or musical productions, with the provision of seating areas for patrons. These uses frequently include refreshment stands, as accessory uses.
(27) AMUSEMENT, COMMERCIAL INDOOR - See RECREATION FACILITY, COMMERCIAL, INDOOR.
(28) AMUSEMENT, COMMERCIAL OUTDOOR - See RECREATION FACILITY, COMMERCIAL, OUTDOOR.
(29) ANIMAL GROOMING SERVICE - Any place or establishment whose primary service offered is to be a place where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health, and for which a fee is charged.
(30) ANIMAL SHELTER - A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.
(31) ANTENNA - Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, and external to or attached to the exterior of any building.
(32) ANTENNA, DISH - See TELECOMMUNICATIONS, SATELLITE DISH ANTENNA.
(33) APARTMENT - One or more rooms in a building designed and intended for occupancy as a separate dwelling unit. (Ord. 318. Passed 2-4-08.)
(33.1) APIARY (BEE KEEPING) - The keeping or propagation of honeybee colonies for collection of honey or other bee products. (Ord. 406. Passed 3-2-15.)
(34) APPAREL SHOP - An establishment involved in selling clothing and/or clothing accessories.
(35) APPLIANCE REPAIR - Establishments involved in repairing instruments or devices designed for a particular use, such as stoves, fans or refrigerators, that are operated by gas or electric current.
(36) APPLIANCE SALES - Establishments involved in selling instruments or devices designed for a particular use, such as stoves, fans or refrigerators, that are operated by gas or electric current. (Ord. 318. Passed 2-4-08.)
(36.1) AQUAPONICS - The cultivation of fish and plants together in a constructed, re- circulating ecosystem utilizing natural bacterial cycles to convert fish waste to plant nutrients. (Ord. 406. Passed 3-2-15.)
(37) ARCHITECTURAL APPURTENANCES - Cornices, eaves, gutter, belt courses, sills, lintels, bay windows, and chimneys, These features may extend into any required yard by not more than 3 feet, provided they are at least 2 feet from any property line.
(38) AREA, BUILDABLE - The area of a lot remaining after the minimum yard and open space requirements of the Zoning Ordinance have been met.
(39) ART GALLERY - An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.
(40) ART, PUBLIC - Any visual work of art, accessible to public view, on public or private property within the City neighborhood environs including residential, business, industrial building, or apartment complexes, parks, etc. The work of art may include but need not be limited to sculptures, murals, monuments, frescoes, fountains, paintings, stained glass or ceramics; but may not include any commercial speech or advertising copy that would classify the work as a sign.
(41) ART STUDIO - Workspace for artists or artisans, including individuals practicing one or more of the fine arts or skilled in crafts.
(42) ASSEMBLY HALL - A meeting place at which the public or membership groups are assembled regularly or occasionally, including, but not limited to; schools, churches, theatres, auditoriums, funeral homes, stadiums, and similar places of assembly.
(43) ASSISTED LIVING FACILITY - 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. Such facility shall comply with the provisions of West Virginia Code.
(44) ATHLETIC FIELD - Outdoor sites designed for formal athletic competition in field sports that usually require equipment.
(45) ATTENTION-ATTRACTING DEVICE - Any device or object visible from any public right-of-way, which is primarily designed to attract the attention of the public to a business, institution, sign or activity through means such as but not limited to illumination, color, size or location. Attention-attracting devices or objects oftentimes incorporate illumination, which may be stationary, moving, turning, blinking (including animation) or flashing. Attention-attracting devices may or may not convey a message and can include, but are not limited to, search lights, beacons, strobe lights, strings of lights, barber poles, internally illuminated translucent canopies or panels, electronically controlled message boards (time/temperature signs, gas price signs, public service announcements, etc.), banners, streamers, pennants, propellers and inflatable objects (including strings of balloons) or other device designed to attract attention. Approved traffic-control devices are not considered to be attention-attracting devices.
(46) ATTIC - The part of a building that is immediately below and wholly or partly within the roof framing.
(47) AUTOMATED TELLER MACHINE (ATM) - An automated device that performs banking or financial functions at a location remote from the controlling financial institution: Such devices are considered to be accessory uses in commercial or industrial zones.
(48) AUTOMOTIVE PAINT SHOP - An establishment primarily engaged in automotive painting and refinishing.
(49) AUTOMOTIVE RENTALS/LEASING - Establishments involved in renting passenger cars, noncommercial trucks, motor homes or recreational vehicles, including incidental parking and servicing of vehicles available for rent.
(50) AUTOMOTIVE REPAIR SHOP - Any building, structure, improvements, or land used for the repair and/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 CB radios, car alarms, stereo equipment or cellular telephones.
(51) AUTOMOTIVE SALES - Establishments involved in the retail sale of new and/or used automobiles, noncommercial trucks, motor homes or recreational vehicles, including incidental storage, maintenance and servicing.
(52) AUTOMOTIVE SUPPLY - An establishment primarily engaged in the retail sale of automotive parts, tires and accessories.
(53) AUTOMOTIVE TIRE REPAIR/SALES - An establishment primarily engaged in the sale, installation and/or repair of automotive tires.
(Ord. 318. Passed 2-4-08.)
(53.1) AVIARY (BIRD KEEPING) - A large enclosure which provides access to the outside where multiple birds are kept. (Ord. 406. Passed 3-2-15.)
(54) AWNING - Any non-rigid material, such as fabric or flexible plastic, that extends from the exterior wall of a building and is supported by or attached to a frame.
(55) BAKERY, RETAIL - An establishment primarily engaged in the retail sale of baked goods for consumption off-site.
(56) BAKERY, WHOLESALE - An establishment primarily engaged in manufacturing bakery products for sale for home service delivery, or through one (1) or more non-baking retail outlets.
(57) BARBER SHOP/BEAUTY SALON - An establishment where the practice of barbering and/or cosmetology is offered on a regular basis for compensation.
(58) BAR OR NIGHTCLUB -Premises used primarily (gross revenue from alcoholic beverages sale is greater than 50 percent of total revenue) for sale or dispensing of alcoholic beverages by the drink for on-site consumption, and where food may be available for consumption on the premises as accessory to the principal use.
(59) BASEMENT - The part of a building that is wholly or partly below ground level. If any portion of any basement wall is above grade, then the basement shall be calculated in the building height.
(60) BEACON - Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light source; also, any light with one or more beams that rotate or move.
(61) BED AND BREAKFAST INN - A private residence that offers, for a fee, transient sleeping accommodations to visitors in up to five (5) rooms of an owner-occupied single-family dwelling; and provides, at no extra charge, breakfast to the guests. For purposes of this definition, transient shall mean that a room is rented for not more than 30 days to any one visitor in any given calendar year.
(62) BIKEWAY - A pathway designed in whole or in part to be used for bicycling, walking and other recreation.
(63) BLOCK - Property having frontage on both sides of a street, and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right- of-way, waterway or other barrier (including an alley between zoned areas).
(64) BOARD - Unless otherwise noted, refers to the BOARD OF ZONING APPEALS of the City of Westover.
(65) BOARD OF ZONING APPEALS - The officially constituted body appointed to carry out duties and responsibilities in accordance with West Virginia Code Article 8A-8, et seq., as amended.
(66) BOARDING HOUSE - See LODGING OR ROOMING HOUSE.
(67) BREEZEWAY - A covered passage, open at least on one side, between two buildings.
(68) BOOKS OR STATIONERY ESTABLISHMENT - A retail establishment that engages primarily in the sale of books, magazines, newspapers, stationery, greeting cards and other printed material, excluding any adult bookstore.
(69) BOWLING ALLEY - An establishment that devotes more than 50 percent of its gross floor area to bowling lanes, equipment and play area.
(70) BREW PUB - A restaurant that manufactures up to 5,000 barrels of fermented malt beverages per year on premises for either consumption on premises in hand-capped or sealed containers, or sold directly to the consumer.
(71) BROADCASTING STATION - A studio used primarily for the production, scheduling, recording, reception and transmission of television or radio programming.
(72) BUFFER STRIP - Land area used to visually separate one use from another or to shield or block noise, light or other nuisances. A strip may be required to include fencing, berms, shrubs and/or trees.
(73) BUILDING - A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without opening through such walls, each portion of such a building shall be considered a separate structure.
(74) BUILDING AREA - The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches and not exceeding one story in height, or architectural appurtenances projecting not more than three (3) feet.
(75) BUILDING, DETACHED - A building having no structural connection with another building.
(76) BUILDING ENVELOPE - The area formed by the front, side and rear setback lines of a lot within which the principal building must be located.
(77) BUILDING FOOTPRINT - The outline of the total area of a lot covered by a building’s perimeter. Where a building has a recessed ground floor, the footprint shall be construed to be the outline of the largest perimeter of the building, excluding architectural appurtenances or features as defined herein.
(78) BUILDING FRONT LINE - The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line.
(79) BUILDING HEIGHT - The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof, and to the mean height between eaves and ridges of gable, hip, and gambrel roofs. On lots with topographic elevation changes, the lot ground level shall be construed to mean the halfway point between the highest and lowest elevations of the building footprint.
(80) BUILDING MATERIALS SUPPLIER - Establishments involved in selling lumber, and a general line of building materials and supplies, to the general public, which may including roofing, siding, shingles, wallboard, paint, cement, and so forth including incidental storage.
(81) BUILDING WALL - An exterior load-bearing or non-load-bearing vertical structure, that encompasses the area between the final grade elevation and eaves of the building, and used to enclose the space within the building. A porch, balcony or stoop is part of the building structure and may be considered as a building wall.
(82) BUILDING, ACCESSORY - See ACCESSORY STRUCTURE.
(83) BUILDING, DETACHED - A building having no structural connection with another building.
(84) BUILDING, FRONT LINE - The line of the face of the building nearest the front lot line.
(85) BUILDING, NONCONFORMING - The lawful use of a building or structure or portion thereof, existing at the time this Zoning Ordinance or amendments thereto take effect, and which does not conform to the height, area and yard regulations prescribed in the district in which it is located.
(86) BUILDING PERMIT - A permit signed by the appropriate and authorized official of the City of Westover stating that a proposed improvement complies with the provision of this Zoning Ordinance and such other City ordinances as they may be applicable.
(87) BUILDING, PRINCIPAL - A building in which is conducted the main or principal use of the lot on which said building is situated. Where a substantial part of an accessory building is attached to the main building in a substantial manner, such as by a roof, such accessory building shall be counted as part of the principal building.
(88) BUILD-TO LINE - An alignment established a certain distance from the front property line to a line along which the building shall be built.
(89) BULK REQUIREMENTS - Standards that control the height, density and location of structures.
(90) BUS SHELTER - A small, roofed structure, usually having three walls, located near a street and designed primarily for the protection and convenience of bus passengers.
(91) BUS TERMINAL - See PASSENGER STATION, RAILROAD, MOTOR BUS.
(92) BUSINESS OR COMMERCIAL - The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.
(93) BUSINESS - The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit. Such activities occur at an ESTABLISHMENT.
(94) BY-RIGHT - A use permitted or allowed in the district involved.
(95) CALIPER - A horticultural method of measuring the diameter of nursery stock. For trees less than four inches in diameter, the measurement should be taken at six inches above the ground level. For trees greater than four inches in diameter up to and including 12 inches, the caliper measurement must be taken 12 inches above the ground level. For trees greater than 12 inches in diameter, the trunk is measured at breast height, which is 4.5 feet above the ground.
(96) CAMPUS - The grounds and buildings of a public or private college, university, school, hospital or other institution.
(97) CAMPGROUND - Any area of land and/or water on which is located cabins, tents, travel trailers, motor homes, or other types of shelter suitable and intended for use in a temporary seasonal manner.
(98) CANOPY - A permanently roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area, which shelter may be wholly supported by a building or partially supported by columns, poles, or braces extending from the ground. Any roof overhang extending more than three feet from the face of a building shall be considered a canopy, and shall be subject to setback requirements.
(99) CAR WASH/DETAILING - The use of a site washing and cleaning of passenger vehicles, recreational vehicles or other light duty equipment.
(100) CARETAKER’S RESIDENCE - A residence located on a premises with a main nonresidential use and occupied only by a caretaker or guard employed on the premises.
(101) CARPORT - A roofed structure not more than 75 percent enclosed by walls and for the purpose of providing shelter for one or more motor vehicles.
(102) CATERING SERVICE ESTABLISHMENT - An establishment that prepares and supplies food to be consumed off premises.
(103) CEMETERY - Land used, or intended to be used, for burying the human dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.
(104) CERTIFICATE OF OCCUPANCY - A certificate signed by the appropriate and authorized official of the City of Westover stating that the occupancy and use of the land or a building or structure referred to therein complies with the Zoning Ordinance.
(105) CHANGE OF OCCUPANCY/USE - A discontinuance of an existing use and the substitution of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.
(106) CHARITABLE, FRATERNAL, or SOCIAL ORGANIZATION - A facility for administrative, meeting, or social purposes for a private or nonprofit organization, primarily for use by administrative personnel, members and guests. Examples include, but are not limited to: Lions Club, Veterans of Foreign Wars, etc.
(107) CHRISTMAS TREE SALES ESTABLISHMENT - The sale of Christmas trees at a temporary outdoor location lasting generally from mid-November through Christmas Day.
(108) CHURCH or PLACE OF WORSHIP - A building wherein persons regularly assemble for religious worship 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 synagogue, temple, mosque, or other such place for worship and religious activities. Customary accessory uses include a caretakers residence, a meeting or activity hall, a gymnasium, a playground, the sale of items associated with the practice of religion, etc., but not a medical clinic, homeless shelter, rehabilitation center, etc.
(109) CITY - The City of Westover, West Virginia.
(110) CITY COUNCIL - The City Council of Westover, West Virginia.
(111) CLEAR-CUTTING - Removal of an entire stand of trees and shrubs.
(112) CLINIC, MEDICAL OR DENTAL - An establishment providing medical, dental, chiropractic, psychiatric or surgical services exclusively on an outpatient basis, including emergency treatment and diagnostic services.
(113) CLUB OR LODGE - A use providing meeting, recreational or social facilities for a private or nonprofit association, primarily for use by members and guests.
(114) CODE OF THE STATE OF WEST VIRGINIA - The Code of the State of West Virginia, 1931, as amended.
(115) COIN-OPERATED CLEANING AND LAUNDRY SERVICE - An establishment providing coin-operated or similar self-service laundry and dry cleaning equipment for use on the premises.
(116) COLUMBARIUM - An accessory structure to a religious institution that is normally a wall, containing one, or more, recesses, or cavities, for the depository of the cremated remains of humans.
(117) COMMISSION - Unless otherwise noted, refers to the PLANNING COMMISSION of the City of Westover.
(118) COMMON AREA - Any portion of a development that is not part of a lot or tract and is designed for the common usage of the development. These areas include green open spaces and may include such other uses as parking lots and pedestrian walkways. Maintenance of such areas is not the responsibility of City government and shall be set forth by the development association in the form of restrictive covenants, which shall guarantee the maintenance of these areas.
(119) COMMUNICATIONS EQUIPMENT BUILDING - An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 feet.
(120) COMMUNITY CENTER - A building or buildings used for activities that, through proximity to residents, benefit the community. Activities permitted include any combination of the following: meeting space for civic groups, clubs, or organizations; spaces for the provision of daycare services; group cultural and/or recreational activities, whether self-directed or organized; space for performing arts, artisans, crafters, etc., including occasional (not more than one day each week) sale of such merchandise produced on premises; and educational and/or instructional programs. Multi-family housing may be a component of such a center but only when it is provided in conjunction with two or more additional activities permitted in a community center and provided that the multi-family housing component shall not occupy more than 60 percent of the total gross floor area of the facility. Community centers may be owned and/or operated by public or private entities. Only those activities specifically listed herein are permitted.
(Ord. 318. Passed 2-4-08.)
(121) COMMUNITY GARDEN - A neighborhood-based development with the primary purpose of providing space for members of the community to grow plants for beautification, education, recreation, community distribution, or personal use. Sites managed by public or civic entities, nonprofit organizations or other community-based organizations are responsible for maintenance and operations. Processing and storage of plants or plant products are prohibited on site. Gardening tools and supplies may be stored with an accessory building that is in compliance with this ordinance. Activities do NOT include raising livestock, poultry, apiaries, aviaries, or aquaponics. (Ord. 542. Passed 5-1-23.)
(122) COMPOSTING OPERATION - A solid waste processing facility specifically designed and operated for the express purpose of composting. This definition does not include home composting for personal use, which is not regulated by this Ordinance and which is encouraged.
(123) COMPOSTING, PRIVATE - Home composting for personal use, an accessory use of a residence.
(124) COMPREHENSIVE PLAN - The Comprehensive Plan for the City of Westover, West Virginia adopted by Ordinance by the City Council in August 2003, and as subsequently amended.
(125) CONFERENCE CENTER - A facility used for service organizations, business and professional conferences, and seminars limited to accommodations for conference attendees. The accommodations can include sleeping, eating, and recreation. A conference center is not designed solely to be utilized by the general public for overnight purposes. Such facilities may also be permitted as an accessory use to a hotel.
(126) CONTRACTORS' ESTABLISHMENT - An enclosed space used for the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage, but which does not use any exterior storage area.
(127) CONVENIENCE STORE, NEIGHBORHOOD - Any retail establishment with a floor area of less than 3,000 square feet offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood. The term is to be distinguished from "gas station minimart." No fuel sales are permitted on site.
(128) CONTIGUOUS - Lots, parcels, or City boundaries that are next to, abutting and having a boundary, or portion thereof, that is coterminous. Streets, highways, roads or other traffic or utility easements, streams, rivers, and other natural topography are not to be used to determine lots, parcels, or City boundaries as contiguous.
(129) COUNTRY CLUB - A private club that offers a variety of recreational sports facilities to its members; the most common types of facilities are tennis and golf. Country clubs usually provide dining facilities to their members and guests, and they frequently host catered events.
(130) COVENANT - A restriction on the use of land set forth in a written document or plat. The restriction runs with the land and is binding upon subsequent owners of the property.
(131) CO-LOCATION - Locating wireless communication equipment for more than one provider on a single structure.
(132) CREMATORIUM - A stand-alone location containing properly installed, certified apparatus intended for use in the act of cremation. See also FUNERAL HOME.
(133) DANCE or SOCIAL CLUB - An establishment that does not sell, serve or allow alcoholic beverages to be consumed on the premises, and where dancing and other social activities occur.
(134) DANCE INSTRUCTIONAL STUDIO - Instructional studio for dance. See also INSTRUCTIONAL STUDIO.
(135) DAY CARE FACILITY, CLASS 1 - A facility for providing care for one to three:
A. Functionally-impaired adults, or
B. Elderly persons, or
C. Children within the residence of the primary caregiver.
Up to one additional person not residing on the premises may be employed to assist in the facility's operation.
(136) DAY CARE FACILITY, CLASS 2 - A facility licensed by the State and established to provide care for four to twelve:
A. Functionally-impaired adults, or
B. Elderly persons, or
C. Children in a protective setting for a portion of a 24-hour day.
(137) DAY CARE FACILITY, CLASS 3 - A facility licensed by the State and established to provide care for thirteen or more:
A. Functionally-impaired adults, or
B. Elderly persons, or
C. Children in a protective setting for a portion of a 24-hour day.
(138) DECK - A structure, without a roof, directly adjacent to a principal building, usually elevated above grade. Such structures may encroach into the required yard.
(139) DENSITY - The number of dwelling units situated on or to be developed on a net acre (or smaller unit) of land, which shall be calculated by taking the total gross acreage and subtracting surface water, undevelopable lands (e.g. wetlands) and the area in rights-of-way for streets and roads.
(140) DENSITY BONUS - The granting of the allowance of additional density in a development in exchange for the provision by the developer of other desirable amenities from a public perspective (e.g., public: open spaces, plazas, art, landscaping, etc.).
(141) DEPARTMENT STORE - A retail store carrying a general line of apparel, home furnishings, floor coverings, major household appliances, and housewares. These and other merchandise lines are normally arranged in separate sections or departments with accounting on departmentalized basis, integrated under a single management.
(142) DEVELOPMENT.
A. Any man-made change to improved or unimproved land, including but not limited to the construction, reconstruction, conversion, structural alteration, relocation, enlargement or use of any structure or parking area;
B. Any mining, excavation, dredging, filling, grading, drilling or any land disturbance; or
C. Any use or extension of the use of the land.
(143) DEVELOPMENT OF SIGNIFICANT IMPACT and MAJOR DEVELOPMENT OF SIGNIFICANT IMPACT - Any proposed development whose characteristics warrant a more in-depth review by the Planning Commission in order to mitigate the negative impact these characteristics may have on surrounding land uses in particular and on the surrounding neighborhood in general. Developments of Significant Impact are those that have a neighborhood or Citywide impact. Such impacts would involve: the transportation network, environmental features such as parks or corridor streams, and local schools. Major developments of significant impact are those that are of such scope and scale that they have an impact on the region in terms of the transportation network, the environment, the schools, etc. Such projects could include regional shopping centers and large-scale residential developments. Any proposed residential or non-residential development which meets or exceeds any of the following criteria shall be determined to be a Development of Significant Impact and will require a complete development plan to be submitted and reviewed by planning staff and the Planning Commission: Land Use Category Development of Significant Impact Major Development of Significant Impact Residential 12 to 99 dwelling units 100 or more dwelling units Commercial 15,000 square feet of gross floor area 100,000 or more square feet of gross floor area Office/Institutional 15,000 square feet of gross floor area 100,000 or more square feet of gross floor area Industrial 0 to 99,999 square feet of gross floor area 100,000 or more square feet of gross floor area Mixed Use 15,000 square feet of gross floor area 100,000 or more square feet of gross floor area.
(144) DEVELOPMENT, CLUSTER - A development design technique that concentrates buildings in a specific area on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive features.
(145) DEVELOPMENT, NEO-TRADITIONAL - An approach to land-use planning and urban design that promotes the building of neighborhoods with a mix of uses and housing types, disciplined architectural variety, a central public gathering place, interconnecting streets and alleys, and edges defined by greenbelts or boulevards. The basic goal is integration of the activities of potential residents with work, shopping, recreation, and transit all within reasonable walking distance.
(146) DEVELOPMENT, PLANNED UNIT - A tract of land developed as a unit under single ownership or unified control, which includes one or more principal buildings or uses and is processed under the Planned Unit Development provisions of this Ordinance. (Ord. 318. Passed 2-4-08.)
(146.5) DEVELOPMENT ZONE - An area of one or more contiguous tracts or parcels of land located within the corporate limits of the City containing not less than one acre of developable land, which has the potential for new or expanded retail, commercial, multi-family residential or mixed-use development generating new jobs and/or additional tax revenues. (See Section 757.32).
(Ord. 382. Passed 11-5-12.)
(147) DISTRIBUTION CENTER - A use where goods are received and/or stored for delivery to the ultimate customer at remote locations.
(148) DOCK - A structure built over or floating upon the water and used as a mooring place for boats and other marine transport, fishing, swimming, and other recreational uses.
(149) DOCK, COMMERCIAL - A fixed or floating structure, including moorings used for the purpose of berthing buoyant vessels on a commercial basis. A commercial dock does not include a marina. A commercial dock may exist independently or as an incidental part of a marina.
(150) DOCK, PRIVATE - A fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels and which does not produce income, and does not serve as an inducement for renting, purchasing, or using accompanying facilities. A dock may include a pier.
(151) DOG RUN - An enclosed outdoor area intended for the exercising and/or containment of dogs and similar animals.
(152) DONATION COLLECTION BIN - A receptacle designed with a door, slot, or other opening that is intended to accept and store donated items; provided, however, that the definition of donation collection bins shall not include trailers where personnel are present to accept donations.
(153) DORMITORY - A building or a space in a building in which group sleeping accommodations are provided for more than 16 persons, who are not members of the same family, in one room or a series of closely associated rooms under joint occupancy and single management, with or without meals, but without individual cooking facilities.
(154) DRAINAGE.
A. Surface water run-off; or
B. The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
(155) DRIP LINE - An imaginary vertical line that extends from the outermost branches of a tree's canopy to the ground.
(156) DRIVE-IN THEATER/OUTDOOR THEATER (EXCEPT ADULT) - An establishment offering movies to the public in an outdoor setting where the audience is either seated in a park-like setting or in their vehicles. Such an establishment does not offer sexually-oriented movies.
(157) DRIVE-THROUGH FACILITY - Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
(158) DRIVEWAY - A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.
(159) DRIVEWAY, COMMON - A driveway shared by adjacent owners and privately owned and maintained.
(160) DRIVEWAY, CROSS ACCESS - A service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system.
(161) DRIVING RANGE, GOLF - An area typically equipped with distance markers, clubs, balls, and tees for practicing golf shots and putting, and which may include a snack-bar and pro-shop, but excludes miniature golf courses and "putt-putt" courses.
(162) DRUG STORE - An establishment engaged in the retail sale of prescription drugs and patient medicines and which may carry a number of related product lines, such as cosmetics, toiletries, tobacco and novelty merchandise, and which may also operate a soda fountain or lunch counter.
(163) DRY CLEANING AND LAUNDRY PICK-UP - An establishment providing dry cleaning and laundry pickup services, but where no dry cleaning and laundering are done on the premises.
(164) DRY CLEANING AND LAUNDRY SERVICE - An establishment providing dry cleaning and laundering services where dry cleaning and laundering are done on the premises.
(165) DWELLING UNIT - A single unit providing complete, independent living facilities for a single housekeeping unit. In no case shall a motor home, trailer, hotel or motel, lodging or boarding house, automobile, tent, or portable building be considered a dwelling unit. Dwelling units are contained within single-family dwellings (in which case the definition is synonymous), garage apartments, two- family dwellings, mixed-use dwellings, and multifamily dwellings. Units without self-contained sanitary facilities and kitchens (as defined herein) are not classified as dwelling units, but rather are considered to be rental rooms.
(166) 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 shall apply to structures only and not individual ownership units.
(167) DWELLING, MODULAR HOME - A freestanding building designed solely for occupancy by one family for residential purposes, as a single housekeeping unit in which some or all of the construction has been in a manufactured/factory setting. See also FACTORY BUILT HOMES.
(168) DWELLING, MIXED USE - A building containing primarily residential uses with a subordinate amount of commercial and/or office uses on the ground floor in the front of the building facing the primary street frontage! Residential units can be on the ground floor, but cannot be accessed from any portion of the building that faces the primary street. Residential units can be located on the ground floor behind the commercial use.
(169) DWELLING, MULTI-FAMILY - A freestanding building containing three (3) or more dwelling units, whether they have direct access to the outside, or access to a common building entrance. Multifamily dwellings can consist of rental apartment buildings, rental or owner occupied townhouse buildings, and rental or owner occupied condominium buildings, provided that all such freestanding buildings contain three (3) or more dwelling units. May also be referred to as MULTI- FAMILY DWELLING.
(170) DWELLING, OVERSTORE - A building which contains a non-residential use on the ground floor and a dwelling unit on the second floor above the commercial or office use. The residential use on the second floor shall be subordinate in use to the non-residential use. If the residential use contains more gross floor area than the non-residential use it shall be considered as a mixed use dwelling.
(171) DWELLING, SINGLE FAMILY - A freestanding building designed solely for occupancy by one family for residential purposes, as a single housekeeping unit. May also be referred to as SINGLE FAMILY DWELLING.
(172) DWELLING, TOWNHOUSE - Also known as a "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. For purposes of determining the required yard. for townhouse developments, setbacks shall only apply from the perimeter of the main building to the perimeter of the parent parcel upon which the building is situated.
(173) DWELLING, TWO-FAMILY - A freestanding building containing two (2) dwelling units, each of which has direct access to the outside. May also be referred to as TWO-FAMILY DWELLING.
(174) EASEMENT - A grant by a property owner to the use of the land by the public, a corporation, or persons for specific purposes.
(175) EASEMENT, CONSERVATION - A non-possessory interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open space values of real property; assuring its availability for agricultural, forest, recreational, or open space use; protecting natural resources; or maintaining air or water quality.
(176) ELECTRICAL REPAIR SHOP - An establishment primarily engaged in repairing electrical and electronic equipment, such as electrical household appliances, television and audio equipment, and the like, but not including offices for electrical contractors.
(177) ELEVATION.
A. A vertical distance above or below a fixed reference level; or
B. A flat scale drawing of the front, rear or side of a building.
(178) EMPLOYMENT AGENCY - A professional service establishment primarily engaged in providing assistance to individuals who are seeking temporary or permanent employment.
(179) EMERGENCY SHELTER - A residential facility, which provides room and board for a temporary period, protection, counseling, and pre-placement screening for abused, displaced or transient adults or children.
(180) EQUIPMENT OR FURNITURE RENTAL ESTABLISHMENT - An establishment involved in renting small tools and equipment, janitorial equipment, and small furniture and appliances, such as baby beds, chairs and tables, televisions and audio equipment and so forth.
(181) EROSION - The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a combination thereof, or the detachment and movement of soil or rock fragments.
(182) ESSENTIAL SERVICES AND EQUIPMENT - Underground or overhead gas, communications not regulated by the Federal Communications Commission, electrical, water and sewage systems, including towers, pole structures, wires, lines, mains, drains, sewers, conduits, cables, fire alarm boxes and police call boxes, public telephone structures, traffic signals, hydrants, regulating and measuring devices and the structures in which they are housed, and other similar equipment accessories in connection therewith.
(183) ESTABLISHMENT - An economic unit, generally at a single physical location, where business is conducted or services or industrial operations performed.
(184) EXCAVATION - Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
(185) EXTERIOR ARCHITECTURAL FEATURES - The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material, and the type, design and character of all windows, doors, massing and rhythm, light fixtures, signs, other appurtenant elements and natural features when they are integral to the significance of the site, all of which are subject to public view from a public street, way or place.
(186) EXTERIOR DISPLAY - The outdoor display of products, vehicles, equipment and machinery for sale or lease, and/or for customers to examine and compare products.
(187) EXTERMINATING OR FUMIGATING SERVICE - An establishment primarily engaged in the extermination of insects, pests, or rodents.
(188) EXTRACTIVE INDUSTRY - The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gasses, such as natural gasses. 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.
(189) FACADE - That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.
(190) FACTORY-BUILT HOMES - Modular and manufactured homes.
(191) FAIRGROUND, CARNIVAL, CIRCUS, AMUSEMENT ENTERPRISE - PERMANENT - Any aggregation or combination of shows or riding devices, games of skill or chance, or any combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings, musical and theatrical entertainment, and riding devices whether carried on or engaged in or conducted in any field, park or in a building or enclosure, and whether carried on, engaged in or conducted as one enterprise or by several concessionaires, and whether one admission fee is charged for admission to all shows or entertainment, or separate fees for admission are charged for each amusement.
(192) FAIRGROUND, CARNIVAL, CIRCUS, AMUSEMENT ENTERPRISE - TEMPORARY - Any aggregation or combination of shows or riding devices, games of skill or chance, or any combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings, musical and theatrical entertainment, and riding devices whether carried on or engaged in or conducted in any field, park or in a building or enclosure, and whether carried on, engaged in or conducted as one enterprise or by several concessionaires, and whether one admission fee is charged for admission to all shows or entertainment, or separate fees for admission are charged for each amusement.
(193) FAIRGROUNDS - An area of land use including, but not limited to: Agricultural related office buildings, animal shows and judging, carnivals, circuses, community meeting or recreational buildings and uses, concerts, food booths and stands, games, rides, rodeos, sales, and auctions, storage, theaters.
(194) FAMILY - One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or legal adoption, no such family shall contain over three unrelated persons. However, where disability requires that more than three unrelated persons reside together; in such cases, there shall be no requirement for persons with disabilities to petition, apply or experience a process to obtain approval to live in any zoning district of the City.
(195) FARM EQUIPMENT OR SUPPLY SALES ESTABLISHMENT - An establishment primarily engaged in the sale of farm equipment and/or supplies, and incidentals, such as animal feed, crop seed, etc.
(196) FARMER'S MARKET - The offering for sale of fresh agricultural products directly to the consumer at an open-air market designated as a community activity.
(197) FARM PRODUCTS/RAW MATERIALS SALES ESTABLISHMENT - An establishment primarily engaged in the sale of farm fresh produce and farm-related raw materials.
(198) 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 areas.
(199) FILL - Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by humans, for purposes of creating a new elevation of the ground.
(200) FINANCIAL SERVICES ESTABLISHMENT - An establishment primarily engaged in providing financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond brokers, loan and lending activities and similar services.
(201) FLAG - Any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, corporation, lodge, fraternity or sorority, political party, nonprofit organization, charity, club, association or other entity.
(202) FLAG, BUSINESS - A flag displaying the name, insignia, emblem, or logo of a profit-making entity.
(203) FLAG, PUBLIC - A flag displaying the name, insignia, emblem, or logo of any nation, state, municipality, or noncommercial organization.
(204) FLEA MARKET - An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities or temporary structures. Flea markets shall not be construed to be Farmers Markets.
(205) FLOOD-PRONE AREA - Any land area susceptible to repeated inundation by water from any source.
(206) FLOOR AREA - The sum of the gross horizontal areas of all floors, including basements, of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of enclosed required off-street parking areas shall not be included. Floor area for outdoor display of merchandise or customer seating, whether uncovered or covered by a tent or canopy, shall mean the smallest rectangular area encompassing the display or customer seating area.
(207) FLOOR AREA, GROSS LEASABLE - The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.
(208) FLOOR AREA RATIO (FAR) - The gross floor area of the principal and accessory buildings on a lot divided by the area of the lot. The ratio is an expression of the intensity of development. For example, an FAR of 1.0 would allow one square foot of building area to be constructed for each square foot of lot area; an FAR of 4.0 would allow four square feet of building area for each square foot of lot area.
(209) FLOOR AREA, NET - The gross area of a floor or several floors of a building or structure, excluding those areas not directly devoted to the principal or accessory use of the building or structure, such as storage areas or stairwells, measured from the exterior faces of exterior walls or interior walls. Examples of areas to subtract from the gross floor area include stairways, storage rooms, mechanical equipment rooms, and other areas generally not accessible to the public.
(210) FLORIST SHOP - A retail establishment whose principal activity is the selling of plants which are not grown on site and conducting business within an enclosed building.
(211) FRATERNAL ORGANIZATION - See "CHARITABLE, FRATERNAL OR SOCIAL ORGANIZATION."
(212) FRATERNITY or SORORITY HOUSE - A building used as group living quarters for students of a college, university or seminary, who are members of a fraternity or sorority that has been officially recognized by the college, university, or seminary. May also be considered a lodging or rooming house or dormitory, depending on the number of persons residing in the building.
(213) FRONTAGE.
A. The boundary of a lot fronting on a public street;
B. The front lot line.
(214) FRONTAGE BUILDOUT - The length of a front building facade compared to the length of the front lot line, expressed as a percentage.
(215) FULLY SHIELDED FIXTURE - An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixtures.
(Ord. 318. Passed 2-4-08.)
(216) FUNERAL HOME - A building or part thereof used for human funeral services. Such building may contain space and facilities for:
A. Embalming and the performance of other services used in the preparation of the dead for burial;
B. The performance of autopsies and other surgical procedures;
C. The storage of caskets, funeral urns, and other related funeral supplies; and
D. The storage of funeral vehicles.
E. Facilities for cremation are a conditional use. They are considered an accessory, not a main use of the property. (Ord. 519. Passed 5-2-22.)
(217) FURNITURE SALES - Establishments where furniture is the main item offered for sale; however, these places of business may also sell home furnishings, major appliances and floor coverings.
(218) GAMBLING ESTABLISHMENT - An establishment that offers any form of gambling or games of chance regulated under the provisions of the Limited Video Lottery Act codified in West Virginia Code 29-22B-101.
(219) GARAGE, BUS - A building or part thereof for the parking or storage of busses and related commercial vehicles.
(220) GARAGE OR CARPORT (DETACHED) - A detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.
(221) GARAGE, PUBLIC - A building or part thereof for the parking or storage of motor vehicles and in which no other use is conducted, which is available for public use.
(222) GARDEN CENTER - 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.
(223) GAS STATION MINIMART - A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience store or supermarket.
(224) GASOLINE SERVICE 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.
(225) GLARE - Light that causes annoyance, discomfort, or loss in visual performance and ability.
(226) GLASS CUTTING, COATING, OR TINTING SERVICE ESTABLISHMENT - A service establishment primarily engaged in cutting, coating, tinting, and installation of glass in automobiles, trucks, motorcycles, etc.
(227) GO-CART TRACK FACILITY - A facility that includes a track to race go-carts that are defined as small, low motor vehicles of 10 horsepower or less, with four wheels and open framework used exclusively for recreation or amusement.
(228) GOLF COURSE - A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms, a driving range and shelters as accessory uses.
(229) GOVERNMENT FACILITY - A building or structure owned, operated or occupied by a governmental agency or entity to provide a governmental service to the public. Such facilities are generally exempt from municipal zoning; except when they are sold or leased to a private firm or person for purposes of conducting a non-governmental use therein.
(230) GRADE - The average level of the finished surface of the ground adjacent to the exterior walls of the building.
(231) GRADE PERCENTAGE - The rise or fall of a slope in feet and tenths of a foot for each 100 feet of horizontal distance.
(232) GRANDFATHERED - The status accorded certain properties, uses, and activities that are legally existing prior to the date of adoption of the Zoning Ordinance or amendments of the Zoning Ordinance. No use that is nonconforming shall be permanently grandfathered after the adoption of this Ordinance. If nonconforming uses and structures are modified they are subject to regulations provided herein.
(233) GREEN AREA - Land shown on a development plan, master plan, or official map for preservation, recreation, landscaping, or park.
(234) GREENHOUSE, NON-COMMERCIAL - A building or structure 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.
(235) GREENHOUSE, COMMERCIAL - A building used for the growing of plants, all or part of which are sold at retail or wholesale.
(236) GROCERY STORE - A building used for the sale of primarily food products in a space larger than 2,000 square feet.
(237) GROSS LEASABLE AREA - The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.
(238) GROUND FLOOR - The first floor of a building other than a cellar or basement.
(239) GROUNDCOVER - Any evergreen or broadleaf evergreen plant that does not attain a mature height of more than one foot. Sod and seed shall also be considered as qualifying groundcover.
(240) GROUP RESIDENTIAL FACILITY - A facility which is owned or leased by a behavioral health service provider and which:
A. Provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled;
B. 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 twelve individuals who are behaviorally disabled and not more than three supervisors;
C. Is licensed by the West Virginia Department of Health or the Division of Human Services;
D. Complies with the West Virginia State Fire Commission for residential facilities; and
E. Complies with the provisions of West Virginia Code Article 27-17, et seq. as amended.
(241) GROUP RESIDENTIAL HOME - A building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence. A behavioral health service provider may not lease a building to such persons if the provider is providing services to the persons without a license as provided for in West Virginia Code Article 27-17, et seq., as amended.
(242) GUEST HOUSE - An attached or detached building that provides living quarters for guests and:
A. Contains no kitchen or cooking facility;
B. Is clearly subordinate and incidental to the principal residence on the same building site; and
C. Is not rented or leased, whether compensation be direct or indirect.
(243) HALFWAY HOUSE - 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. The facility shall be licensed and operated in accordance with all applicable laws.
(244) HARDWARE STORE - A facility of 30,000 or fewer square feet gross floor area, primarily engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies and cutlery. If the facility is larger than 30,000 square feet, then it is a HOME IMPROVEMENT CENTER.
(245) HAZARDOUS MATERIAL - Any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term includes, but is not limited to, hazardous substances and hazardous wastes.
(246) HEALTH/SPORTS CLUB - A building or portion of a building designed and equipped for the conduct of sports, exercise, or other customary and usual recreational activities, operated for profit or not-far-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.
(247) HEAVY MACHINERY SALES - Establishments primarily engaged in marketing heavy machinery, such as road construction and maintenance machinery, mining machinery, agricultural machinery, industrial machinery and equipment, and so forth.
(248) HEIGHT - The vertical distance of a building measured from the average grade level at the base of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between the eaves and the highest point of the roof if the roof is of any other type. Height calculation shall not include chimneys, spires, towers, elevator and mechanical penthouses, water tanks, radio antennas, and similar projections.
(249) HELIPORT or HELIPAD - An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.
(250) 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.
(251) HISTORIC LANDMARK - A site, building, structure or object designated as historic on a national, state or local register.
(252) HISTORIC OR MONUMENT 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 historical, cultural or archaeological value regardless of the value of any existing structure and designated as historic on a national, state or local register.
(253) HISTORIC STRUCTURE - Any structure that is:
A. Listed individually in the National Register of Historic Places or preliminarily determined by the United States Secretary of the Interior as meeting the requirements for individual listing in the National Register;
B. Certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district;
C. Individually listed on the West Virginia inventory of historic places;
D. Individually listed on a Monongalia County, Westover or other local inventory of historic places in communities with historic preservation programs that have been certified by an approved state program as determined by the United States Secretary of the Interior.
(254) HOLIDAY DECORATIONS - Displays erected on a seasonal basis in observance of religious, national or state holidays, which are not intended to be permanent and contain no advertising material.
(255) HOME GARDENING - The growing of vegetables, produce or other plants on individual private lots, by the owner or resident of the lot, for personal enjoyment or consumption, or for sale at off-premise locations such as farmers' markets, produce stands, etc. Such activities may occur in any zoning district without permits. This activity is distinguished from AGRICULTURAL ACTIVITY in that the latter is primarily commercial in intent and nature.
(256) HOME IMPROVEMENT CENTER - A facility of more than 30,000 square feet floor area, engaged in the retail sale of various basic hardware lines, such as tools, builders hardware, paint and glass, housewares and household appliances, garden supplies, lumber, plumbing and electrical supplies, etc.
(257) HOME OCCUPATION - Any business activity conducted entirely within the owner's primary residence which requires a business license issued by the State of West Virginia and by the City of Westover, and is clearly incidental to or secondary to the residential use of the dwelling. Home occupations are divided into two classes, as follows:
A. HOME OCCUPATION, CLASS 1: An accessory use intended to allow businesses that rely solely on electronic or off-premise transactions. Types in this category include, but are not necessarily limited to:
1. Businesses where all work and communication is conducted over the Internet, telephone, and/or electronic mail; and that do not engage in any on-premise customer contact.
2. Businesses where a service is provided off-premises to a client or customer, with no client or customer visitation to the business location. In these instances, the business location is used solely for bookkeeping and electronic or telephone communication with clients and customers.
3. Businesses where the owner produces a product at the business location and offers it for sale over the Internet or transports the product(s) to off-premise merchants, trade shows, flea markets, and the like for sale. No products are displayed or offered for sale to customers visiting the business location.
B. HOME OCCUPATION, CLASS 2: A conditional use intended to allow businesses that generate limited quantities of customer visitation and/or merchandise deliveries. Any Home Occupation that is not clearly of type Class 1 shall be deemed to be Class 2.
(258) HOSPITAL OR SANITARIUM - An institution specializing in giving clinical, temporary, and/or emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general practice.
(258A) HOTEL - A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests and is not a rooming or boarding house.
(258B) HOTEL, FULL-SERVICE - A hotel consisting of a building or a group of buildings in which lodging and meals prepared on-premises are provided and offered to guests for compensation; and which is open to transient guests and provided additional accessory services, which may include any of the following: restaurants, meeting rooms, convention and/or conference rooms, catering facilities.
(259) HOUSEHOLD - A family living together in a single dwelling unit with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
(Ord. 318. Passed 2-4-08.)
(259.1) HYDROPONICS - The cultivation of plants in nutrient solution rather than soil.
(Ord. 406. Passed 3-2-15.)
(260) HYPERMARKET - A large-scale (minimum of 100,000 square feet) self-service retail store selling food, drugs, household merchandise, clothing, and a variety of other retail goods. The store may, in some cases, include limited, ancillary commercial tenants within the main building, such as medical offices, postage stores, snack counters, coffee shops, hair salons, etc.
(261) IMPERVIOUS SURFACE - Surfaces that do not absorb water. Examples of such surfaces include buildings and concrete or asphalt parking areas, roads, sidewalks, or driveways.
(262) IMPROVEMENT - Any man-made, immovable item that becomes part of, is placed on, or is affixed to real estate.
(263) INDUSTRIAL EQUIPMENT REPAIR ESTABLISHMENT - An establishment primarily engaged in repairing industrial equipment, including repairing heavy construction and earthmoving equipment.
(264) INDUSTRIAL PARK - A planned, coordinated development of a tract of land designed to contain two or more separate industrial buildings. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.
(265) INDUSTRIAL SUPPLIES ESTABLISHMENT - Establishments primarily engaged in marketing industrial supplies, such as bearings, boxes, gaskets, bottles, rubber goods, welding supplies, metal containers, and so forth.
(266) INDUSTRY, HEAVY - A use engaged in the basic processing and manufacturing of materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
(267) INDUSTRY, LIGHT - Research and development activities, the manufacturing, compounding, processing, packaging, storage, assembly, and/or treatment of finished or semi-finished products from previously prepared materials, which activities are conducted wholly within an enclosed building. Finished or semi- finished products may be temporarily stored outdoors pending shipment.
(268) INFILL DEVELOPMENT - To fill in vacant or underused land in existing communities with new development that blends in with its surroundings.
(269) INSTITUTIONAL USE - For the purpose of determining allowable signage, a school, religious institution, or other use operated by a public agency or non-profit organization and permitted as a use in one or more residential zoning districts in the City.
(270) INSTRUCTIONAL STUDIO - A facility offering educational instruction, having regular sessions with regularly employed instructors, but not a school as defined by the State.
(271) JANITORIAL SERVICE ESTABLISHMENT - A service establishment engaged in primarily in the cleaning of buildings.
(272) JUNK YARD - Any space for storage, abandonment or sale of junk, scrap material or similar waste, including the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts. Junkyards shall be synonymous with salvage yard.
(273) KENNEL, COMMERCIAL - Any lot or premises on which four (4) or more dogs, or small animals, at least four (4) months of age, are kept.
(Ord. 318. Passed 2-4-08.)
(273.1) KENNEL, PRIVATE - Any lot or premises on which four (4) or more dogs, or small animals, at least four (4) months of age, are kept.
(Ord. 464.50. Passed 6-3-19.)
(274) KITCHEN - Any room principally used, intended or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connection suitable for servicing a range or oven, shall normally be considered as establishing a kitchen.
(275) LABORATORIES - Facilities equipped for experimental study in a science or for testing and analysis; facilities providing for research, experimentation, observation or practice in a field of study.
(276) LAND DEVELOPMENT - The development of one or more lots, tracts or parcels of land by any means and for any purpose, but does not include easements, rights- of-way or construction of private roads for extraction, harvesting or transporting of natural resources.
(277) LAND TRUST - A private, nonprofit conservation organization formed to protect natural resources, such as productive farm and forest land, natural areas, historic structures, and recreational areas. Land trusts purchase and accept donations of conservation easements. They educate the public about the need to conserve land and some provide land-use and estate planning services to local governments and individual citizens.
(278) LANDFILL, EARTH - The burial of excavated dirt, stone, brick, concrete, fly ash or other solid materials but does not include garbage, rubbish, or trash of any other kind.
(279) LANDFILL, SANITARY - The site at which the depositing and burial of garbage, rubbish and trash occurs permitted in compliance with state and municipal regulations.
(280) LANDSCAPED AREA - A portion of the site or property containing vegetation intended to exist after construction is completed. Landscaped areas include, but are not limited to, natural areas, buffers, streetscapes, lawns and planting.
(281) LANDSCAPED BUFFER - An areas of landscaping separating two distinct land uses, or a land use and a public right-of-way, and which acts to soften or mitigate the effects of one land use on the other.
(282) LANDSCAPING - The bringing of the soil surface to a smooth finished grade, installing sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.
(283) LANDSCAPING PLAN - A site plan intended to demonstrate compliance with the landscaping section of this Ordinance.
(284) LAUNDROMAT - A business that provides washing, drying, and/or ironing machines for hire to be used by customers on the premises.
(285) LIBRARY - A building containing printed and pictorial material for public use for purposes of study, reference and recreation.
(286) LIMOUSINE SERVICE ESTABLISHMENT - A service establishment that offers the public motors for carrying or transportation of passengers for a fixed fee, or offering a vehicle with driver for transportation of passengers at an hourly rate.
(287) LIQUOR/BEER/WINE SALES - An establishment operated under the authority of the West Virginia Code Article 60-3 or Article 60-3A primarily engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine and whiskey, for off-premises consumption.
(288) LOADING DOCK/SPACE - A space or berth available for the loading and/or unloading of goods from commercial vehicles.
(289) LOCKSMITH - A service establishment primarily engaged in the making of keys, and the making or repairing of locks.
(290) LODGING OR ROOMING HOUSE - A building or portion thereof that does not qualify as a one- or two-family dwelling, that provides sleeping accommodations for no more than 30 people on a non-transient, permanent basis, without personal care services, with or without meals, but without separate cooking facilities for individual occupants. Also can be referred to as a BOARDING HOUSE.
(291) LOGO - The graphic or pictorial presentation of a message, including, but not limited to, the use of shapes, designs, decorations, emblems, trademarks, symbols or illustrations, or the superimposition of letters or numbers or any other use of graphics or images other than the sequential use of letters and numbers.
(292) LOT - See LOT OF RECORD.
(293) LOT AREA - The total area within the lot lines of a lot, excluding any public rights-of-way.
(294) LOT, BUILDING - A parcel of land that was legally existing at the time of adoption of this Ordinance, or is legally created through subdivision thereafter, upon which a building or structure may be erected in accordance with all relevant provisions of this Ordinance (including variance provisions, if applicable). Parcels of land that are created in violation of any provision of the Westover Subdivision Ordinance shall not be eligible for the issuance of permits to build any structure thereupon.
(295) LOT, CORNER - A lot located at the intersection of two or more streets. The minimum setback for the side yard abutting the street shall be 150 percent the minimum side yard setback for the district.
(296) LOT COVERAGE - The total area covered, measured from the outside of the exterior walls, by all principal and accessory buildings on a lot. Open porches, decks, balconies and similar features that are not covered by a roof shall not be counted.
(297) LOT DEPTH - The distance measured from the front lot line to the rear lot line. Where the front and rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to rear lot lines at right angles to the front lot line, every ten feet and averaging the length of these lines.
(298) LOT, FLAG - A polygonal-shaped lot with the appearance of a frying pan or flag and staff in which the handle is most often used as the point of access. The handle, when less than the minimum width for a building lot in the zoning district in which it is located, is not be used in computing the minimum required lot area or delineating the minimum required building envelope.
(299) LOT FRONT - The side of a lot that abuts a public street is the front of the lot. For corner lots, the shortest side fronting upon a street shall be considered the front of the lot. Where buildings exist on the lot, the frontage may be established by the orientation of the building, or of the principal entrance, if building orientation does not clearly indicate lot frontage. Where no other method determines conclusively the front of a lot, the Planning Director shall select one frontage on the basis of traffic flow on adjacent streets, so that the lot is considered to front on the street with the greatest traffic flow.
(300) LOT OF RECORD - A lot that is part of a subdivision or a parcel of land, the map or plat of which has been legally recorded with the Office of the County Clerk, or, a lot or parcel of land, described by metes and bounds, the deed of which has been recorded with the Office of the County Clerk. No building permits shall be issued for any parcel created by metes and bounds description, unless said parcel conforms to all requirements herein or contained within the Westover Subdivision Ordinance. Graphic 1329.02.01: Types of Lots.
(301) LOT, IRREGULAR - A lot of such shape or configuration that technically meets the area and frontage requirements of the Ordinance but has unusual elongations, angles or curvilinear lines.
(302) LOT, NONCONFORMING - A lot or parcel of land that was of record and lawfully established and maintained but which, because of the enactment of this code, no longer conforms to the land-use standards or use regulations of the zone in which it is located.
(303) LOT, THROUGH - 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.
(304) MANUFACTURED HOMES - Housing built in a factory according to the Federal Manufactured Home Construction and Safety Standards effective June 15, 1976. See West Virginia Code 37-15-2(h).
(305) MANUFACTURED HOUSING SALES - Establishments primarily engaged in the retail sale of new and used mobile homes, new manufactured houses, and new modular homes, including incidental storage of homes and materials used in the preparation or transport of such homes to customers.
(306) MANUFACTURING, HEAVY - The manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.
(307) MANUFACTURING, LIGHT - See INDUSTRY, LIGHT.
(308) MARINA, COMMERCIAL - A business engaged in the secure mooring of boats, including facilities for storage and repair of boats and sale of boating supplies and fuel.
(309) MARINA, PRIVATE - An establishment providing docking, moorage space, and related activities limited to the provisioning or minor repair of pleasure boats and yachts, and accessory facilities including, but not limited to showers, toilets, and self-service laundries. Use of a private marina is limited to the owner or resident of the lot upon which the facility is located.
(310) MARINE CRAFT REPAIR SHOP - Any building, structure, improvement, or land used for the repair and/or maintenance of motorboats, wave riding marine craft, or similar vehicles including but not limited to body work, passenger seating, oil change and lubrication, painting or installation of radios, alarms, or communication equipment.
(311) MARINE CRAFT SALES - Establishments involved in the retail sale of new and/or used motorboats, wave riding marine craft, or similar vehicles including incidental storage, maintenance and servicing.
(312) MARINE SUPPLIES - An establishment primarily engaged in the retail sale of motorboats and other watercraft, marine supplies, and outboard motors, including no more than incidental storage.
(313) MARQUEE - A roof-like structure that cantilevers from the wall of a building over its principal entrance, that has no vertical supports other than the wall from which it cantilevers, and that provides a wall surface at least four feet high, generally constructed for purposes of containing a sign.
(314) MINERAL EXTRACTION - All or any part of the process involved in the mining of minerals by removing overburden and mining directly from the mineral deposits, open pit mining or minerals naturally exposed, mining by auger method, dredging and quarrying, underground mining and surface work incidental to an underground mine.
(315) MINIATURE GOLF - A theme-oriented recreational facility, typically comprised of 9 or 18 putting greens.
(316) MIXED-USE DEVELOPMENT - A single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas, but not a mixed use dwelling as defined in this Ordinance.
(317) MODULAR HOME - A factory built single family house that is constructed in two or more pieces to be assembled upon the parcel of land upon which it is to be situated. Modular homes are designed and constructed so that, once erected on a permanent foundation, they are certified to meet the same Building Code as is required for a "stick-built" house. For zoning purposes, such houses are considered to be identical to stick-built houses. See West Virginia Code 37-15-2(j).
(318) 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. See West Virginia Code 37-15- 2(i).
(319) MOTEL - An establishment providing transient lodging in which the guest rooms are usually accessible from an outdoor parking lot.
(320) MOTORCYCLE SALES ESTABLISHMENT - Establishments primarily engaged in the retail sale of new and/or used motorcycles, motor scooters, clothing and accessories, and personal watercraft, including incidental storage, maintenance and servicing.
(321) MOVIE THEATER (EXCEPT ADULT) - A building for showing motion pictures or for live dramatic, dance, musical, or other productions, which is usually commercially operated. Consists of any number of screens, audience seating and auditorium, and a lobby and refreshment stand. Such an establishment does not offer sexually-oriented movies.
(322) MULTI-FAMILY DWELLING - See DWELLING, MULTI-FAMILY.
(323) MUSEUM - A building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific, or literary collections, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public.
(324) NEIGHBORHOOD CONVENIENCE STORE - See CONVENIENCE STORE, NEIGHBORHOOD.
(325) NEWSSTAND - A temporary structure, manned by a vendor, that sells newspapers, magazines, and other periodicals.
(326) NONPROFIT ORGANIZATION - A corporation established pursuant to the West Virginia Code Chapter 31E-3 and duly organized for any lawful purpose including any one or more of the following: charitable, benevolent, educational, civic, patriotic, political, religious, social, fraternal, literary, cultural, athletic, scientific, agricultural, horticultural, animal husbandry, and professional commercial, industrial or trade association.
(327) NURSERY, PLANT - An establishment for the growth, display, and sale of plants, shrubs, trees and materials used in indoor or outdoor planting, conducted within or without an enclosed building.
(328) NURSING HOME - A use providing bed care and in-patient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable diseases.
(329) OFFICE - A room or suite of rooms or portions of a building used for the practice of a profession or for the conduct of a business that involves the accessory sale of goods from the premises.
(330) OFFICE BUILDING - A building used primarily for offices that may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper, or candy stand.
(331) OFFICE EQUIPMENT REPAIR ESTABLISHMENT - An establishment involved in repairing office equipment, such as typewriters, copying machines, computers, calculators, and so forth.
(332) OFFICE, MEDICAL - An office for medical providers including doctors, surgeons and dentists.
(333) OFFICE PARK - A development that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed, and managed on an integrated and coordinated basis, and located on one or more parcels under single ownership.
(334) OFFICE SUPPLIES ESTABLISHMENT - Places of business where stationery and other supplies typically used in offices are the main items offered for sale.
(335) OIL CHANGE FACILITY - Operations that provide lubrication and/or checking, changing, or additions of those fluids and filters necessary to the maintenance of a vehicle. It is intended that these services will be provided while customers wait, generally within a 15 to 30 minute time period. Rotation of tires is also permitted. If the establishment offers tire sales, tune-ups or other mechanical servicing and repair, then the facility shall be deemed an AUTOMOBILE REPAIR FACILITY.
(336) OPEN SPACE - Any land or area devoid of buildings or structures, preserved for any of the following reasons:
A. Conserve or enhance natural or scenic resources; or
B. Promote protection of streams or water supply; or
C. Promote conservation of soils, or wetlands; or
D. Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or
E. Enhance recreational opportunities.
(337) OPEN SPACE, IMPROVED - Parks, playgrounds, swimming pools, ball fields, plazas, landscaped green spaces, and other areas that are created or modified by man. Improved open space shall not include spaces belonging to schools, community centers or other similar areas in public ownership.
(338) OPEN SPACE, NATURAL - Areas of natural vegetation, water bodies, or other land forms that are to be left undisturbed. Creation of a graded and surfaced walking trail through areas of natural open space shall constitute disturbance of the area in the amount of the length of the walking trail multiplied by its approximate average width. Natural open space shall not include schools, community centers or other similar areas in public ownership.
(339) ORDER - Includes a column, or cylindrical upright member composed of a capital, shaft and base, as well as an entablature and pedestal appropriate to the order to which the column belongs. The most easily recognizable orders originated with classical architecture: Greek (Doric, Ionic and Corinthian) and Roman (Tuscan and Composite).
(340) OUTDOOR FLEA MARKET - The principal use of land as an open-air market for secondhand articles and/or antiques.
(341) OUTDOOR STORAGE - The storage of any material for a period of greater than 24 hours, including items for sale or lease, processing, and repair (including vehicles) not in an enclosed building.
(342) OUTDOOR STORAGE, SEASONAL - Outdoor storage of items for retail sale that are, by their nature, sold during a peak season, including such items as fruits, vegetables, Christmas trees, pumpkins, lawn accessories, bedding plants, etc. and in conjunction with existing commercial establishments.
(343) OVERLAY DISTRICT - A zoning district that extends on top of a base zoning district and is intended to protect certain critical features and resources. Unlike with a planned unit development, overlay districts govern only development standards. The uses permitted in that underlying zoning district remain the same.
(344) PARAPET - The portion of a wall, which extends above the roofline.
(345) PARCEL - A single lot, or a grouping of old lots acquired by a single deed and considered as one buildable lot for zoning purposes. Parcels that consist of a grouping of old City lots acquired by a single deed may be subdivided for purposes of creating more buildable parcels, provided all regulations contained within this Ordinance and the Subdivision Ordinance are adhered to.
(346) PARK - Any area that is predominately open space, used principally for active or passive recreation, and not used for a profit-making purpose. Any area designated by the City as a park.
(347) PARK AND RECREATION SERVICES - Establishments which are non-commercial, not-for- profit facilities designed to serve the recreation needs of community residents. Such facilities include development recreation facilities (neighborhood parks), community parks, regional parks and special use facilities, school and religious institution ballfields, football fields and soccer fields.
(348) PARKING AISLE - The clear space for either one or two-way traffic movement or maneuvering between rows of parking stalls.
(349) PARKING LOT, COMMERCIAL - A private parking lot that is the stand-alone use of a parcel, and whose stalls are leased to individuals for any length of time.
(350) PARKING LOT, PRIVATE - An open area, other than a street or alley, designed to be used for the temporary parking of more than four motor vehicles, whether free or for compensation, and available for private use or as an accommodation for clients or customers.
(351) PARKING SPACE, COMPACT - A space in a garage or parking area, not less than 7 feet wide clear dimension and 16 feet long clear dimension, reserved for the parking of only one compact automobile.
(352) PARKING SPACE, HANDICAP - A space in a garage or parking area not less than 13 feet wide and 18 feet long in clear dimension, reserved exclusively for an automobile registered with the State with handicapped license plates or displaying an official state issued handicapped placard.
(353) PARKING STRUCTURE - A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages, deck parking and underground or under building parking areas.
(354) PARKING, PUBLIC - A publicly owned or operated open area or parking garage, other than a street or alley, designed to be used for the temporary parking of more than four motor vehicles, whether free or for compensation, and available for public use or as an accommodation for clients or customers.
(355) PARSONAGE - The permanent place of residence of the pastor or minister of a church. May be considered accessory to a church.
(356) PASSENGER STATION, RAILROAD, MOTOR BUS - A facility designed to accommodate passengers who arrive and depart on commercial buses, or rail which may include management offices, bus parking or storage areas and personal services for passengers.
(357) PATIO - A level surface area directly adjacent to a principal building, without walls or a roof. A patio may be constructed of any material or combination of materials, and is typically constructed at a grade level or slightly higher, and is not intended for parking or storage of vehicles.
(358) PATIO HOUSE - A detached, single family unit typically situated on a reduced size lot that orients outdoor activity within rear or side yard patio areas for better use of the site for outdoor living space.
(359) PAVED SURFACE AREA - Ground surface covered with cobblestones, clay fired bricks, concrete precast paver units (including, but not limited to, grasscrete) poured concrete with or without decorative surface materials, blacktop, or other asphalt or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel is not considered a paved surface.
(360) PAWNSHOP - Any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.
(361) PENAL/CORRECTIONAL INSTITUTION - Facility for the confinement or safe custody of persons so confined as the result of a legal process and includes attendance centers established for persons sentenced to serve periods of community service.
(362) PENNANT - Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, string or pole, usually in series, and which is designed to move in the wind.
(363) PERFORMANCE GUARANTEE - Any security that may be accepted by the City as a guarantee that improvements required as part of an application for development are satisfactorily completed.
(364) PERFORMING ARTS COMPLEX - A building where music, dance, theatre or other performing art is staged for attendance by the general public, with or without admission.
(365) PERSON - Any association, company, corporation, firm, organization or partnership singular or plural, of any kind.
(366) PERSONAL SERVICES ESTABLISHMENT - A business which is associated with the grooming of persons or the maintenance or repair of personal wardrobe articles and accessories, and may include a barber shop, beauty parlor, shoe repair shop, self-service laundry, but not a tattoo parlor. The definition shall apply whether or not the individual engaged in the offering of said service is required to be licensed by the State of West Virginia.
(367) PERSONAL STORAGE FACILITY - A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. Also commonly referred to as mini-warehouses or SELF-SERVICE STORAGE FACILITY.
(368) PET SHOP - A retail establishment engaged primarily in the sale of domestic animals such as dogs, cats, fish and birds, and reptiles, including exotic animals, and farm animals such as horses, goats, sheep and poultry.
(369) PETROLEUM - MANUFACTURING (REFINING OR RELATED INDUSTRIES) - A facility that converts raw materials of petroleum, chemical or other similar substances into usable end products.
(370) PETROLEUM STORAGE (TANK FARM) - An open air facility containing a number of above-ground, large containers for bulk storage in liquid form of petroleum, chemical or other similar substances.
(371) PETROLEUM - WHOLESALE (BULK) - An establishment that sells or distributes liquid form of petroleum, chemical or other similar substances to dealers for resale to other customers or consumers.
(372) PHOTOGRAPH FINISHING ESTABLISHMENT (WITH ON-PREMISE PROCESSING) - A retail establishment engaged in the processing of photographs and the sale of such photographs, and related supplies and equipment.
(373) PHOTOGRAPHY STUDIO - A retail establishment engaged primarily in professional photography for a fee.
(374) PLAN - A written description for the development of land.
(375) PLANNING COMMISSION - The officially constituted body appointed to carry out planning duties and responsibilities in accordance with the West Virginia Code Article 8A-1 through 8A-12, et seq., as amended for the City of Westover.
(376) PLAT - A map of land development.
(377) PLAZA - An open space that may be improved, landscaped, or paved usually surrounded by buildings or streets. Such spaces are generally associated with commercial buildings.
(378) 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. If a porch is uncovered it is considered to be a deck.
(379) PORTICO - A porch or walkway, open to the outside air that is covered by a roof supported by columns or pillars, typically leading to the entrance of a building. A portico is considered a "canopy" for purposes of determining signage.
(380) POSTER BOX - A box installed on a wall for the purpose of displaying posters of movies at a theater.
(381) PRINTING OR PUBLISHING ESTABLISHMENT - An establishment for the custom reproduction of written or graphic materials on a custom order basis for individuals for businesses. Typical processes include but are not limited to photocopying, blueprint and facsimile sending and receiving, and including offset printing.
(382) PRIVATE CLUB - Any corporation or unincorporated association meeting the definition of private club as contained and utilized within West Virginia Code 60-7- 1 et seq., as the same applies to licensing for sale of alcoholic liquor. These establishments are permitted to sell liquor, beer and wine.
(383) PROFESSIONAL SERVICES ESTABLISHMENT - An establishment engaged in providing professional services such as physical and/or massage therapy, consulting, legal, engineering and the like, but not including personal services.
(384) PUBLIC IMPROVEMENT - Any improvement, facility, or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public utilities, cable television, or similar essential services.
(385) PUBLIC PLACE - Any lots, tracts or parcels of land, structures, buildings or parts thereof owned or leased by a governing body or unit of government.
(386) RECREATIONAL/SPORTS FACILITY - A privately owned commercial establishment , designed and equipped for the conduct of leisure activities and other recreational activities either wholly within an enclosed building, outside of any building or structure, or both. Examples of such uses include but are not limited to amusement parks, bowling alleys, indoor play areas, gymnastics and dance studios, miniature golf courses, skating and skateboard parks and rinks, and shooting ranges, training studios for martial arts or related skills. Some of these types of activities may also be listed separately and be covered by other regulations. Publicly owned facilities are generally exempt from municipal zoning regulations.
(387) RECREATIONAL VEHICLE (RV) - A vehicle built on a single chassis, containing 400 square feet or less when measured at the largest horizontal projection and designed to be self propelled or towed by another vehicle. A recreational vehicle is not designed or intended for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use. This definition includes vehicles such as travel trailers, motor homes, boats, house- boats, and campers.
(388) RECYCLABLE COLLECTION CENTER/SOLID WASTE TRANSFER STATION - A facility for the collection, separation, compaction, processing and storage of solid waste or recyclable materials until said waste can be transported or transferred to a sanitary landfill or other facility approved and licensed for the disposal of solid wastes or the recycling of materials by the State of West Virginia.
(389) RECYCLING CENTER - A facility for the collection, separation, compaction, processing and storage of recyclable materials until said materials can be transported or transferred to a facility approved and licensed for the recycling of materials.
(390) RECYCLING COLLECTION POINT - An accessory use, structure, or enclosed area that serves as a neighborhood drop-off point for temporary storage of recyclable materials. A recycling collection point may also include a facility for the temporary collection of used clothing and household goods.
(391) REFUSE INCINERATOR - A site with one or more incinerators that uses thermal combustion processes to destroy or alter the character or composition of medical waste, sludge, soil or municipal solid waste (excluding animal or human remains).
(392) RENTAL SERVICES (EXCEPT HEAVY MACHINERY) - An establishment which rents various types of equipment and machinery, except those classified as heavy machinery, such as road construction and maintenance machinery, mining machinery, agricultural machinery, industrial machinery equipment and so forth.
(393) REPAIR OR MAINTENANCE - An activity that restores the character, scope, size, or design of a serviceable area, structure, or land use to its previously existing, authorized, and undamaged condition. Activities that change the character, size or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands are not included in this definition.
(394) REPAIR SHOP, SMALL ENGINE OR MOTOR - An establishment primarily engaged in the repair or refurbishment of engines and motors, excluding passenger vehicles.
(395) RESEARCH AND DEVELOPMENT CENTER - Research, development, and testing laboratories 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.
(Ord. 318. Passed 2-4-08.)
(395.1) RESIDENTIAL GARDENS - A planned space, set aside for the display, cultivation, and enjoyment of plants including vegetables, flowers, and fruits and private/personal use. Activities do NOT include raising livestock, poultry, apiaries, aviaries, or aquaponics. (Ord. 542. Passed 5-1-23.)
(395.2) RESIDENTIAL RENTALS - Any property, regardless of type of structure, that is being rented for residential purposes. Such properties may be located in any zone. ( Ord. 426. Passed 12-19-16.)
(396) RESTAURANT - A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales constitute more than sixty (60) percent of the gross sales receipts.
(397) RESTAURANT, DRIVE-IN - An establishment whose primary business is serving food to the public for consumption on the premises by order from and service to vehicular passengers outside the structure.
(398) RESTAURANT, FAMILY - An establishment engaged in the preparation of food and beverages containing no more than 3,000 gross square feet and characterized primarily by table service to thirty (30) or fewer customers in non-disposable containers. Typical uses include cafes, coffee shops, and small restaurants.
(399) RESTAURANT, FAST-FOOD - Restaurants where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or able to be taken to a table or counter to be consumed. This facility may or may not include a drive-through facility.
(400) RESTAURANT, PRIVATE CLUB - A restaurant that also dispenses liquor and has been issued a license by the West Virginia Alcohol and Beverage Control Agency.
(401) RESTAURANT, PRIVATE WINE - A restaurant that is licensed to sell beer and wine, but no liquor, and that sells at least $2500 worth of food each month, as stated in West Virginia State Law.
(402) RETAIL SALES ESTABLISHMENT - 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 eighty (80) percent of the gross sales of the business.
(403) RETAINING WALL - A wall or terraced combination of walls used to retain more than eighteen (18) vertical inches of material.
(404) RIGHT-OF-WAY - A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, trail, waterline, sanitary sewer, and/or other public utilities or facilities.
(405) RIVER WALK - A publicly owned or privately owned way, generally open to the sky and unobstructed by buildings, that runs along the river edge and is open to the public during specified times. It may include without limitation, any combination of open space, paved areas, landscaped areas, pedestrian paths, and pedestrian furnishings.
(406) ROUNDABOUT/TRAFFIC CIRCLE - An island that may be landscaped and located at the intersection of two streets used to reduce traffic speeds and accidents without diverting traffic onto adjacent residential streets.
(407) SALVAGE YARD - A facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment. Scrap or discarded material includes but is not limited to, metal, paper, rags, tires, bottles, motor vehicle parts, machinery, structural steel, equipment and appliances. The term includes facilities for separating trash and debris from recoverable resources, such as paper products, glass, metal cans, and other products that can be returned to a condition in which they may again be used for production.
(408) SATELLITE DISH/ANTENNA (UNDER 30 INCHES DIAMETER), PRIVATE - Any privately-owned, round, parabolic antenna measuring less than 30 inches in diameter intended to receive signals from orbiting satellites and other sources.
(409) SCHOOL K-12 - A school offering educational instruction in grades kindergarten (K) through twelve (12), licensed by the West Virginia Department of Education.
(410) SEWAGE OR SOLID WASTE DISPOSAL FACILITY - An establishment for the disposition of unwanted or discarded material, including garbage with insufficient liquid content to be free flowing.
(411) SEWAGE TREATMENT PLANT - A facility designed for the collection, removal, treatment, and disposal of water-borne sewage generated within a given service area.
(412) SETBACK - The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
(413) SETBACK, FRONT - The shortest distance from the street right-of-way line to the closest point of the foundation of a building or projection thereof.
(414) SETBACK, FRONT, ON CORNER LOTS - The front setback of a corner lot shall be measured from the side of the lot designated as the "front". On a corner lot, only one street line shall be considered a front line, which shall be the shortest street frontage.
(415) SETBACK, GARAGE ENTRANCE - A setback measured from a street lot line to the entrance to a garage or carport. It is essentially a minimum driveway length.
(416) SETBACK, REAR - The shortest distance between the building line and the rear lot line.
(417) SETBACK, SIDE - The shortest distance between the building line and the side lot line.
(418) SEXUALLY-ORIENTED BUSINESS - Shall include "adult book store", "adult motion picture theatre" and "adult videotape store." This excludes "adult entertainment."
(419) SHOOTING RANGE, INDOOR - The use of a structure for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.
(420) SHOPPING CENTER - A group of retail and other commercial establishments that is planned, owned, and managed as a single property.
(421) SHOPPING CENTER, LARGE-SCALE - A group of buildings larger than 30,000 square feet of gross floor area engaged in the sale or rental of goods for consumers or household use. This type of shopping center may or may not contain hypermarkets.
(422) SHOPPING CENTER, MEDIUM-SCALE - A group of buildings of more than 10,000 square feet and not greater than 30,000 square feet of gross floor area engaged in the sale or rental of goods for consumer or household use; excluding, however, animal sales or service; building materials and/or supplies, sales, or rental; and food sales or markets.
(423) SHOPPING CENTER, SMALL-SCALE - A group of buildings of 10,000 square feet or fewer of gross floor area engaged in the sale or rental of goods for consumer or household use; excluding, however, animal sales or service; building materials and/or supplies, sales or rental; and food sales or markets.
(424) SIGN - Any device, fixture, placard or structure that uses any color, form ,graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
(425) SIGN, ABANDONED - A sign and/or supporting structure which no longer identifies a bona fide business conducted or product sold on the premiss. A sign shall be deemed abandoned when these conditions have been in existence for a period exceeding ninety (90) calendar days.
(426) SIGN, ANIMATED - Any sign that uses movement or change of lighting to depict action or create a special effect or scene, except LED displays on restaurant menu boards.
(427) SIGN AREA - The entire face of a sign including the advertising surface and any framing, trim, or modeling, but not including the supporting structure.
(428) SIGN, AWNING - A sign located on an awning. See "SIGN, CANOPY."
(429) SIGN, BANNER - A sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing. All banners are temporary signs.
(430) SIGN, BUILDING MARKER - Any sign indicating the name of a building and date and incidental information about its construction. Such sign typically is cut into a masonry surface or made of bronze or other permanent material, and is not regulated under this Ordinance.
(431) SIGN, BUILDING - Any sign attached to any part of a building, as contrasted to a ground sign.
(432) SIGN, CANOPY - Any sign that is part of or attached to a structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy sign.
(433) SIGN, CHANGEABLE COPY - Any sign designed so that letters or numbers attached to the sign can be periodically changed to indicate a different message.
(434) SIGN, COMMERCIAL MESSAGE - Any sign, wording, logo or other representation, except for the actual name of the business, that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
(435) SIGN, CONSTRUCTION - Any sign bearing the names of contractors, architects, engineers and the like, or advertising, promotions, price ranges and similar information, that is placed at a construction site that has received development plan approval.
(436) SIGN COPY - Any word, letter, number or emblem affixed to the sign surface either permanently or in removable form.
(437) SIGN, DIRECTIONAL - An on premise sign that includes information assisting in the flow of pedestrian or vehicular traffic such as enter, exit, and one-way. A directional sign excludes commercial messages and logos but may include information, that has a purpose secondary to the use of the site on which it is located, such as "no parking," "entrance," "loading only," "telephone," and similar information and directives. A directional sign may also include information stating the hours of operation of a business, emergency telephone numbers, credit card usage, or other information of a similar nature.
(438) SIGN, DIRECTORY - A ground or building sign that lists tenants or occupants of a building or project, with unit numbers, arrows or other directional information.
(439) SIGN, ELECTRONIC SCROLLING MESSAGE - A sign with a fixed or changing display/message composed of a series of light, wherein the sequence of message and the rate of change is electronically programmed and can be modified by electronic processes.
(440) SIGN, EXTERNALLY ILLUMINATED - A sign illuminated primarily by light directed toward or across it or by backlighting from a source not within it. Sources of illumination for such signs may be in the form of gooseneck lamps, spotlights, or luminous tubing.
(441) SIGN FACE - The area of a sign on which the copy is placed.
(442) SIGN FLAG, FLAGPOLE - See FLAG, BUSINESS FLAG AND PUBLIC FLAG definitions.
(443) SIGN, FLASHING - A sign, the illumination of which is not constant in intensity when in use, and which exhibits sudden or marked changes in lighting effects. LED displays on restaurant menu boards are not considered flashing signs.
(444) SIGN, FREESTANDING - A sign that is attached to, erected on, or supported by some structure (such as a post, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than support.
(445) SIGN, GROUND - Any sign attached to the ground, as contrasted to a building sign; a freestanding sign.
(446) SIGN HEIGHT - The vertical distance measured from the lowest adjacent grade to the highest point of the sign or sign structure.
(447) SIGN, IDENTIFICATION - A sign bearing the address of the premises or name of occupant, but containing no logo or commercial message.
(448) SIGN, ILLUMINATED - A sign that is illuminated by electrical or other artificial devices.
(449) SIGN, INTERNALLY ILLUMINATED - A sign whose light source is either located in the interior of the sign so that the rays go through the face of the sign, or which is attached to the face of the sign and is perceived as a design element of the sign.
(450) SIGN MARQUEE - A sign attached to or mounted on top of a marquee.
(451) SIGN, MENU BOARD - An accessory sign providing items and prices associated with a drive-thru window.
(452) SIGN, MONUMENT - A freestanding sign where the base of the sign structure is on the ground or a maximum of twelve (12) inches above the adjacent grade. The width of the top of the sign structure can be no less than 90 and no more than 120 percent of the width of the base.
(453) SIGN, NEON - A sign containing glass tube lighting in which gas and phosphors are used in combination to create a colored light.
(454) SIGN, NONCONFORMING SIGN - Any sign that met the requirements of the City at the time it was erected, but does not conform to the requirements of this Ordinance.
(455) SIGN, OFF-PREMISE - A sign that directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. Such signs may or may not be of the pole sign variety.
(456) SIGN, ON-PREMISE - Any sign identifying or advertising a business, person, activity, goods, services, or products, located on the premises where the sign is installed and maintained.
(457) SIGN, POLE - A sign that is mounted on a freestanding pole(s) or other support so that the bottom edge of the sign is six feet or more above the grade. Such signs are prohibited within the City, except within 500 feet of a Federal Interstate Highway. Also called a PYLON SIGN.
(458) SIGN, POLITICAL - A sign attracting attention to political candidates or issues, expressing support for a candidate for public office or another position regarding a public figure or issue, but bearing no commercial message.
(459) SIGN, PORTABLE - Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; and balloons used as signs. Such signs are prohibited within the City.
(460) SIGN, POST AND PANEL - A sign consisting of one or more panels which are supported between two posts permanently anchored in the ground.
(461) SIGN, PROJECTING - Any sign attached to a building wall and extending laterally more than 18 inches from the face of such wall.
(462) SIGN, PUBLIC EVENT BANNER - A banner sign advertising or announcing a special communitywide event or activity conducted by, or sponsored by, or on behalf of a unit of local government, West Virginia University, a charitable organization, or a not-for-profit corporation. A special communitywide event or activity is one that occurs not more than twice in any twelve (12) month period and seeks to attract donations, participants, or customers throughout the City.
(463) SIGN, PUBLIC INFORMATION - Any sign erected and maintained by public officials or public agencies, or approved and authorized for use by state or local government authorities.
(464) SIGN, PYLON - See SIGN, POLE.
(465) SIGN, REAL ESTATE - A sign advertising real property for sale or for lease.
(466) SIGN, ROOF - A sign erected above the eaves of a building.
(467) SIGN, SANDWICH BOARD - A sign not permanently attached to the ground or some type of permanent structure; a sign connected to or located on A or T frames; a two-sided sign attached to boards.
(468) SIGN, SHINGLE - A sign suspended from and located entirely under a covered porch, covered walkway, or an awning. See SIGN, SUSPENDED.
(469) SIGN, SPECIAL EVENT - A sign advertising or announcing a special communitywide event or activity conducted by, or sponsored by, or on behalf of a unit of local government, West Virginia University, a charitable organization, or a nonprofit corporation. A special communitywide event or activity is one that occurs not more than twice in any twelve (12) month period and seeks to attract donations, participants, or customers throughout the City.
(470) SIGN, SUSPENDED - A sign that is suspended from the underside of a horizontal plane surface and supported by such surface.
(471) SIGN, TEMPORARY - Any sign that is used only temporarily and is not permanently mounted, and that can be used only for a designated period of time.
(472) SIGN, TRAFFIC - A sign indicating federal, state, or municipal regulations for automobile, truck, bicycle or pedestrian movement.
(473) SIGN, V-TYPE - A type of sign with two faces connected at one end, but facing away from each other at angles that impart a "V" shape to the sign. For purposes of computing surface area, such signs are two separate signs if the angle between the two outer surfaces is less than 60 degrees; otherwise the wings shall be considered one sign.
(474) SIGN, WALL - Any sign painted on or attached to and extending not more than six (6) inches from an exterior wall in a parallel manner.
(475) SIGN, WINDOW - Any sign that is applied to the inside of glassed areas of a building. Such signs shall be treated as wall signs.
(476) SIGN FABRICATION OR PAINTING ESTABLISHMENT - A service establishment engaged primarily in the production, painting, repairing and finishing of signs.
(477) SINGLE FAMILY DWELLING - See Dwelling, Single Family.
(478) SITE - A lot, tract or parcel of land considered as one land unit for purposes of this Ordinance. For a single-family residence, the site shall be the subdivided lot on which it is located. For multi-family projects, the site shall be all land occupied by the buildings in the project and adjoining such property and under common ownership with it. For vacant land, the site shall be all of the adjoining vacant land under single ownership. For single-occupancy, non-residential properties, the site shall be the subdivided lot that is occupied. For multiple-occupancy properties, the site shall be all land included under the original "site plan" or "subdivision plan" approval under the Zoning Ordinance.
(479) SITE PLAN - A plan depicting the proposed development of a property, in terms of the location, scale and configuration of buildings and other features containing all the required information under the site plan review section of this Ordinance.
(480) SKATING RINK (INDOOR OR OUTDOOR) - An establishment that provides facilities for participant skating. It includes skateboard parks.
(481) SLAUGHTERING/SLAUGHTER HOUSE - A facility for the slaughtering and processing of animals and the refining of their byproducts.
(482) SMART GROWTH - Planning, regulatory, and development practices and techniques founded upon and promoting the following principles:
A. Using land resources more efficiently through compact building forms, infill development, and modernization in street and parking standards in order to lessen land consumption and preserve natural resources;
B. Supporting the location of stores, offices, residences, schools, recreational spaces, and other public facilities within walking distance of each other in compact neighborhoods that are designed to provide alternate opportunities for easier movement and interaction;
C. Providing a variety of housing choices so that the young and old, single persons and families, and those of varying economic ability may find places to live;
D. Supporting walking, cycling, and transit as attractive alternatives to driving; providing alternate routes that disperse, rather than concentrate, traffic congestion; and lowering traffic speeds in neighborhoods;
E. Connecting infrastructure and development decisions to minimize future costs by creating neighborhoods where more people use existing services and facilities; and by integrating land use and development with transit routes and stations; and
F. Improving the development review process and development standards so that the developers are encouraged to apply the principles stated above.
(483) SNACK BAR/SNACK SHOP - An establishment similar to a restaurant, but limited to the extent that no food is cooked on the premises other than heating by a microwave oven, no drive- through windows exist on the premises, and seating for customers does not exceed twelve (12).
(484) SPECIFIED ANATOMICAL AREAS:
A. Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
B. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
(485) SPECIFIED SEXUAL ACTIVITIES:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy; or
C. Fondling, erotic display or erotic touching of human genitals, pubic region, buttocks or breasts, even if completely and opaquely covered.
(486) SPORTING GOODS/FIREARMS SALES ESTABLISHMENTS - Establishments primarily engaged in selling sporting goods, sporting equipment and accessories. This includes those establishments primarily or secondarily engaged in the sale of fire arms, ammunition and ammunition components, and hunting or shooting equipment.
(487) SPRAWL - Poorly planned or uncontrolled growth, usually of a low density nature, within previously rural or under-developed areas, that is land consumptive, auto-dependent, designed without respect to its surroundings, and some distance from existing development and infrastructure.
(488) SQUARE - Open spaces that may encompass up to an entire block, located at the intersection of important streets, and set aside for civic purposes, and offering such amenities as paved walks, lawns, trees, and/or civic buildings.
(489) STACKING LANE - An area for temporary queuing of motor vehicles.
(490) STATE - The State of West Virginia, unless otherwise specified.
(491) STEALTH TECHNOLOGY - Towers designed with alternative design structures such as clock towers, artificial trees and similar non-traditional structures that are compatible with the surroundings and camouflage or partially conceal the presence of telecommunications towers. Antennae erected on alternative structures such as ballfield light poles, electric utility poles, water towers and similar existing structures.
(492) STICK-BUILT HOUSE - Standard residential construction using permitted building materials and meeting all applicable City Building Codes.
(493) STORAGE, OUTSIDE - The storage, collection or display for more than three (3) consecutive days, or any part of a day for three consecutive days, of any products, materials, equipment, appliances, vehicles not in service, and/or personal property of any kind on an unenclosed, uncovered area.
(494) STORMWATER MANAGEMENT - Any storm water management technique, apparatus, or facility that controls or manages the path, storage, or rate of release of storm water runoff. Such facilities may include storm sewers, retention or detention basins, drainage channels, drainage swales, inlet or outlet structures, or other similar facilities.
(495) STORY - That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
(496) STREET, ALLEY - A public or private way permanently reserved as a secondary means of access to abutting property. For the purpose of determining setbacks, alley shall be synonymous with street. For the purpose of determining adjacent properties, parcels separated by an alley shall be considered abutting parcels.
(497) STREET, ARTERIAL - A street designated for large volumes of traffic movement. Certain arterial streets may be classed as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
(498) STREET, COLLECTOR - A street which primarily collects traffic from local streets and feeds it to an arterial street. Collector streets provide circulation within neighborhood areas.
(499) STREET, CUL-DE-LOOP - A street that turns into and reconnects with its main axis, with the center or island used for parking or open space purposes.
(500) STREET, CUL-DE-SAC - A street with a single common ingress and egress and with a turnaround at the end. Such streets are typically associated with urban sprawl models of growth, and are known to diminish street connectivity.
(501) STREET, DEAD-END - A local street open at one end only and without a special provision for vehicles turning around. Such streets are typically associated with urban sprawl models of growth.
(502) STREET ENCLOSURE - An urban design principle whereby street space is semi-enclosed by placing building facades and/or street trees close to the curbs on both sides of the street, with as few gaps as possible. It is understood that this type of enclosure promotes pedestrian comfort, safety and visual interest. An ideal ratio for enclosure is 3: 1, whereby the front facades of buildings on opposite sides of the streets are separated by not more than three (3) times their average height. Any ratio smaller than 6: 1 is generally regarded as ineffective in achieving enclosure.
(503) STREET FRONTAGE - The distance for which a lot line adjoins a public or private street from one lot line intersecting said street to the furthest lot line intersecting the same street.
(504) STREET, FRONTAGE ROAD - A minor street, parallel to and adjacent to an arterial street, whose primary purpose is providing access to abutting properties.
(505) STREET, INTERSTATE HIGHWAY - The highest type of primary arterial highway, with full access control, high design speeds. Access control is exercised to give preference to through traffic, by providing access connections with selected public roads only, and by prohibiting crossings at grade or direct private driveway connections.
(506) STREET, LOOP - A short, independent street that usually terminates along the same collector street of its origin.
(507) STREET, PRIVATE - Any road or street that is not publicly owned and maintained and used for access by the occupants of the development, their guests, and the general public.
(508) STREET, RESIDENTIAL - A street used primarily for access to abutting properties, usually residential.
(509) STREET WALL - The wall or part of the building nearest to the street line.
(510) STRUCTURAL ALTERATION:
A. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any rebuilding of the roof or exterior walls;
B. A change in the supportive structure of a sign such as support beams or poles, uprights or braces, cabinet supports, or any rebuilding of the supportive elements of a sign;
C. Any action that changes the height, size or shape of a sign or any action that affects the structural supports of a sign so as to prolong the life of a sign.
(511) STRUCTURE:
A. A combination of materials forming an edifice or building of any kind, or any piece of work artificially built up or comprised of parts joined together in some definite manner, but excluding the following: retaining walls, fences not over six (6) feet high; platforms or decks not more than thirty (30) inches above grade and not over any basement or story below; utility mains, lines, and underground facilities; and yard and play equipment;
B. A permanent structure built of materials in a manner that would commonly be expected to remain useful for a substantial period of time;
C. A temporary structure if built of materials in a manner that would commonly be expected to have relatively short useful life, or if built for a purpose that would be expected to be relatively short-term in duration. Structure does not include vehicles, recreational vehicles or campers.
(512) STRUCTURE, DETACHED - A structure with no vertical common or party wall with another structure.
(513) SUBDIVISION - The division of a lot, tract or parcel of land into two or more lots, tracts or parcels, or the recombination of existing lots, tracts, or parcels.
(514) SUBDIVISION REGULATIONS - The Subdivision Regulations of the City of Westover, West Virginia, as adopted by ordinance by the Westover City Council and as subsequently amended.
(515) SUBDIVISION, CLUSTER - A subdivision in which the lot sizes are reduced below those normally required in the zoning district in which the development is located, in return for the provision of permanent open space.
(516) SUBDIVISION, MAJOR - Any subdivision not classified as a minor subdivision, including but not limited to subdivision of five (5) or more lots, or any size subdivision requiring any new street, other than internal access drive in a shopping center or office park, or extension of the local government facilities, or the creation of any public improvements. Such subdivisions must be reviewed and approved by the Planning Commission.
(517) SUBDIVISION, MINOR - Any subdivision containing not more than four (4) lots in which all lots have frontage on an existing street, not involving any new street or the extension of municipal facilities, or the creation of any public improvements, and not in conflict with any provision or portion of the Comprehensive Plan, Official Zoning Map, Subdivision Ordinance, or this Ordinance. Such subdivisions are reviewed by the Planning Director.
(518) SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
(519) SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. Includes structures that have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions, or
B. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".
(520) SWIMMING POOL - A pool or tub constructed either above or below grade and having a capacity of 1,000 or more gallons.
(521) SWIMMING POOL, COMMUNITY - A swimming pool and/or wading pool, including buildings necessary or incidental thereto, operated by a public or nonprofit entity for the benefit of the general public or private membership.
(522) SWIMMING POOL, PRIVATE, INDIVIDUAL - A swimming pool and/or wading pool, including buildings necessary or incidental thereto, for the exclusive use by members of a household and their guests and not open to the general public.
(523) SWIMMING POOL, PRIVATE, ORGANIZATION - A swimming pool and/or wading pool, including buildings necessary or incidental thereto, for the exclusive use by members of an apartment complex or other group setting and not open to the general public.
(524) TANNING STUDIO - Any business that uses artificial lighting systems to produce a tan on an individual’s body. The use specifically excludes spas, gymnasiums, athletic clubs, health clubs, and any exercise equipment.
(525) TATTOO PARLOR - An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:
A. 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;
B. Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. Includes Body Piercing Studio.
(526) TAVERN - A place licensed to sell only beer and wine, but no liquor. Food may or may not be served. Taverns are allowed in all districts except residential and office districts.
(527) TAXI - Any motor vehicle other than a limousine offered to the public by a taxicab service for the purpose of carrying or transporting passengers for a charge or a fee.
(528) TAXICAB SERVICE - A service that offers transportation in passenger automobiles and/or vans to persons for compensation.
(529) TELECOMMUNICATIONS, CLASS I - Class I telecommunications facilities shall 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 cell phone reception.
(530) TELECOMMUNICATIONS, CLASS II - Class II telecommunications facilities shall include but are not limited to such facilities as antennae and associated electronic equipment designed expressly for use by cell phone companies, as regulated under the Federal Telecommunication Act of 1996, 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, as provided for in this Ordinance.
(531) TELECOMMUNICATIONS, CLASS III - Class III telecommunications facilities shall include but are not limited to such facilities as antennae 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.
(532) TELEVISION OR RADIO STUDIO, COMMERCIAL - A facility for the staging and recording of video or audio productions such as television or radio programming or recording.
(533) TELEVISION OR RADIO STUDIO, PRIVATE - A facility for the staging and recording of video or audio productions such as television or radio programming or recording, used only by or in combination with the owner of the property.
(534) TEMPORARY LIGHTING - Lighting installed or erected for a specific purpose or activity and on a nonpermanent basis. Temporary lighting must be removed once the purpose or activity is discontinued.
(535) TERMINAL, BUS - Any premises used by a bus transit/transportation company regulated by the Public Utility Commission and/or the Interstate Commerce Commission as a carrier, which is the origin and/or destination point of individuals being transported.
(536) TERMINAL, TRUCK or TERMINAL, MOTOR FREIGHT - Any premises used by a motor freight company regulated by the Public Utility Commission and/ or the Interstate Commerce Commission as a carrier of goods, which is the origin and/or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods.
(537) THEATER, OUTDOOR DRIVE-IN - An open-air lot devoted primarily to the showing of motion pictures for patrons in automobiles. These uses frequently include parks, playgrounds, recreational facilities and open spaces.
(538) THEATER - An establishment offering to the public movies or live performances.
(539) THIS ORDINANCE - All portions of this Zoning Ordinance including the Zoning Maps for the City of Westover, West Virginia as adopted by the Westover City Council and as subsequently amended.
(540) TOWING SERVICE - Establishment that provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage, or accessory storage of inoperable vehicles.
(541) TRADITIONAL NEIGHBORHOOD DESIGN - A "Smart Growth" development that exhibits several of the following characteristics: alleys, streets laid out in a grid system, buildings oriented to the street, front porches on houses, pedestrian- orientation, compatible, mixed land uses, village squares and greens.
(542) TRADITIONAL NEIGHBORHOOD DISTRICT - A district that requires or is characterized by traditional neighborhood design.
(543) TRAFFIC CALMING - Physical improvements installed on a street that are intended to reduce motorist speed, decrease motor vehicle volumes, and increase safety for pedestrians and non- motorized vehicles.
(544) TRAFFIC IMPACT ANALYSIS - A formal analysis prepared by a traffic engineer or transportation planner, on the effect of traffic generated by a development on the capacity, operations, and safety of the public street and highway system.
(545) TRAVEL AGENCY OR BUREAU - A service establishment engaged primarily in the provision of travel arrangements including but not limited to airline, cruise, hotel and rental car reservations, trip planning and other associated services.
(546) TRAVEL TRAILER PARK - A privately-owned area that is occupied or intended for occupancy by persons using recreational vehicles, motor homes, or mobile trailers for lodging and is held out to the public as such. Does not include manufactured housing units or mobile homes.
(547) TREE - A plant having at least one well defined stem or trunk and normally attaining a mature height of at least ten (10) feet, with an average mature spread of ten (10) feet, and having a trunk that shall be kept clear of leaves and branches at least six (6) feet above grade at maturity.
(548) TREE, PUBLIC - Any tree located on City owned or controlled property including parks, street rights-of-way, parkways, etc.
(549) TWO FAMILY DWELLING - See DWELLING, TWO FAMILY.
(550) UNIVERSITY OR COLLEGE - A public or private institution providing full-time or part-time education beyond the high school level and including any lodging rooms or housing for students or faculty. Business and trade schools are not considered colleges or universities.
(551) UNNECESSARY HARDSHIP - A hardship by reason of exceptional shape of a lot, exceptional topographic conditions, or other exceptional physical conditions of a parcel of land. Unnecessary hardship shall not include personal or financial hardship or any other hardship that is self- imposed.
(552) UPHOLSTERY/INTERIOR DECORATING SERVICE - An establishment offering reupholstery and repair services and specific upholstery materials for sale.
(553) UPLIGHTING - Any light source that distributes illumination above a 90-degree horizontal plane.
(Ord. 318. Passed 2-4-08.)
(553.1) URBAN AGRICULTURE - A subset of Agricultural Activity. An umbrella term that describes a range of food growing practices to be allowed in the City. Allowed practices include residential gardens, community gardens, urban farms, aquaponics, and hydroponics. They do not include raising livestock, poultry, apiaries, aviaries, or any non- domesticated animals.
(Ord. 406. Passed 3-2-15.)
(554) URBAN AREA - All lands or lots within the jurisdiction of the Westover Planning Commission. (Ord. 318. Passed 2-4-08.)
(554.1) URBAN FARM - Growing, washing, packaging and storage of fruits, vegetables and other plant products for wholesale or retail sales. It may involve aquaponics or hydroponics as well. They do NOT include raising livestock, poultry, apiaries, or aviaries. (Ord. 542. Passed 5-1-23.)
(555) USE, ACCESSORY - A land-use that:
A. Is subordinate in area, extent and purpose to the principal use;
B. Contributes to the comfort, convenience, or necessity of the principal use; and
C. Is located on the same lot and in the same zoning district as the principal use.
(556) USE, CONDITIONAL - 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 Ordinance.
(557) USE, EXISTING - The use of land, buildings or activity permitted or in existence prior to the adoption of this Ordinance and subsequent amendments.
(558) USE, PERMITTED - Any use allowed within a zoning district, subject to the restrictions applicable to that zoning district and which is not a conditional use.
(559) USE, PRINCIPAL - The primary use of any lot. Only one principal use may be permitted on a lot, unless authorized specifically by this Ordinance.
(560) USE, PUBLIC - A use by an agency or department of the City, county, state, or federal government. This shall also include public utilities or uses by any organization that receives funding either all or in part from any agency or department of the City, county, state, or federal government. This shall also include buildings and premises used in the operation of the public use.
(561) UTILITY - A public or private distribution service to the public that is regulated by the West Virginia Public Service Commission.
(562) VARIANCE - A deviation from the minimum standards of this Ordinance. A variance cannot permit a land use that is otherwise prohibited in the zoning district and cannot change the zoning classification of a parcel of land.
(563) VESTED RIGHT - A right that has become fixed. Vested rights are often established by showing that some development permit has been obtained and substantial construction started on the project.
(564) VETERINARY CLINIC - A use or structure intended or used primarily for the testing and treatment of animals on an emergency or outpatient basis. Veterinary clinic shall not include the boarding or training of animals, except for medical purposes and shall not provide outdoor runs or kennels. Also includes veterinary hospital.
(565) VIDEO GAMING OR LOTTERY - A lottery that allows a game to be played utilizing an electronic computer and an interactive terminal device, equipped with a video screen and keys, a keyboard or other equipment allowing input by an individual player, into which the player inserts coins or currency as consideration in order for play to be available, and through which terminal device, the player may receive free games or a voucher than can be redeemed for a cash or noncash prize, or nothing, determined wholly or predominantly by chance. "Video lottery" does not include a lottery game that merely utilizes an electronic computer and a video screen to operate a lottery game and communicate the results of the game and which does not utilize an interactive electronic terminal device allowing input by one or more players. Video gaming or lottery shall be regulated in accordance with all applicable State and other regulations.
(566) VIDEO GAMING or LOTTERY ESTABLISHMENT - See GAMBLING ESTABLISHMENT/VIDEO GAMING.
(567) VIDEO RENTAL STORE - An establishment primarily engaged in the retail rental or lease of videotapes, films, CD-ROMs, DVDs, electronic games, cassettes or other electronic media. Sale of film, videotapes, laser discs, CD-ROMs, DVDs, and electronic merchandise associated with VCRs, video cameras, and electronic games are permitted accessory uses.
(568) VISTA - A distant view or prospect, especially one seen through an opening, as between rows of buildings or trees.
(569) VISUAL ANCHOR - An important building, monument, or civic structure that serves to terminate a vista, or as a dominant focal point for the average motorist or pedestrian.
(570) WALL, EXTERIOR - A vertical, structural component of a building which encloses habitable or usable space; a parapet extending not more than twelve inches above a flat roof shall be considered part of the exterior wall for purposes of determining signage.
(571) WAREHOUSE - Facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisance such as dust, noise and odors, but not involved in manufacturing or production.
(572) WAREHOUSING AND DISTRIBUTION - Establishments involved in storing, stocking or distributing of merchandise or commodities.
(573) WELLNESS CENTER - An establishment in which any combination of the following activities are provided: stress management, aerobics and other exercise programs, nutrition counseling, complementary medicine, physical therapy, cardiac rehabilitation therapy and other similar noninvasive health-related activities.
(574) WHOLESALE ESTABLISHMENT - The sale of commodities to retailers or jobbers and shall include the sale of commodities for the purpose of carrying on any trade or business even if said trade or business is the consumer or end user of the commodity.
(575) WILDLIFE PRESERVE - An area maintained in a natural state for the preservation of both animal and plant life.
(576) WINDBLOWN DEVICE - Any banner, pennant, spinner, streamer, propeller, disc, moored blimp, gas balloon or flag(which is not of local, state, federal, corporate, nonprofit or religious origin) that is designed to inform or attract attention, whether or not such device carries a message, all or part of which is set in motion by wind, mechanical, electrical or any other means.
(577) WRECKER SERVICE - A service for towing wrecked, illegally parked, or disabled automobiles or freeing automobiles stalled in snow or mud.
(578) ZONING - The division of a municipality into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones.
(579) ZONING DISTRICT - A specifically delineated area or district within the corporate limits of the City for which the requirements governing use, placement, spacing, size, lot dimensions, and bulk of buildings and premises are uniform.
(580) ZONING MAP - The map or maps that geographically illustrate all zoning district boundaries within the City of Westover, as described within this Ordinance, and which is certified as the Official Zoning Map for the City.
(581) ZONING OFFICER - That person appointed by the City of Westover and who has any other authority this Zoning Ordinance may confer upon him or her to administer the Zoning Ordinance and to issue zoning permits.
(582) ZOO - An area, building or structures which contain wild animals on exhibit for viewing by the public. (Ord. 318. Passed 2-4-08.)