For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A building subordinate to the principal building on a lot, used for purposes customarily incidental to those of the principal buildings, and not to be used for residential purposes unless such building was originally designated for residential use, as in conjunction with an institution.
ACCESSORY USE. A use subordinate to the principal use of land or of a building on a lot and customarily incidental thereto.
APARTMENT. A room or group of rooms in an apartment house or an apartment hotel designated for and occupied exclusively as a residence for only one family.
APARTMENT HOUSE. See DWELLING, MULTIPLE.
ATTACHED DWELLING. See DWELLING, ATTACHED.
BOARD. The Board of Zoning Appeals of the municipality.
BUILDING. Any structure which is built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING AREA. The ground area utilized by the buildings on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches from the walls of the buildings; steps, one-story open porches, bay windows and balconies not extending through more than one story and not projecting more than five feet from the walls of the buildings; balconies and terraces.
BUILDING LINE. The line which establishes the minimum depth of front yard for the particular district as measured from the right-of-way line.
COMMISSION. The Municipal Planning Commission.
COUNCIL. The Municipal Council.
COUNTY COMMISSION. The County Commission of Greenbrier County.
DISTRICT. An area of the municipality delineated by the Planning Commission on the official zoning map within which area the regulations of this chapter are uniform throughout.
DUPLEX. A two-family residential structure, the residential units arranged one above the other or having a common party wall.
DWELLING. A dwelling unit.
DWELLING, ATTACHED. One of two or more residential buildings having a common or party wall separating dwelling units.
DWELLING, DETACHED. A residential building entirely surrounded by open space on its own building lot.
DWELLING, MULTIPLE. A building constructed to contain three or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided. For purposes of this chapter, apartment houses and townhouses are MULTIPLE DWELLINGS.
DWELLING, PORTABLE. A modular unit built on a chassis, having wheels or designed to be transported on wheels, designed to be used as a dwelling when attached to a permanent foundation and when connected to the required facilities. DOUBLE-WIDE OR TRIPLE-WIDE PORTABLE DWELLING means a portable dwelling consisting respectively of two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.
DWELLING, SINGLE. A residential dwelling unit, other than a portable dwelling, designed for and occupied by one family only.
DWELLING, TWO-FAMILY. A residential building containing not more than two dwelling units, arranged one above the other or side by side designed to be occupied by not more than two families.
DWELLING UNIT. One room, or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
EXCEPTION. See SPECIAL EXCEPTION.
FAMILY. Any number of individuals living together and sharing meals as a single housekeeping unit.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls, to include basements but not to include unfinished attics. Floor area for use in determining off-street parking requirements shall not include space devoted to storage. GROSS FLOOR AREA includes covered porches, decks and patios.
FLOOR AREA, HABITABLE. The floor area within outside walls, exclusive of basements and open porches, and excluding garages, accessory buildings and hallways serving more than one dwelling unit.
FLOOR AREA, RATIO. The ratio of the floor area to the lot area.
HEIGHT OF BUILDING. A building’s vertical measurement from the main level of the ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included in calculating the height.
HOME OCCUPATION. Any occupation or profession carried on by a member of the immediate family residing on the premises, without advertising, in connection with which there is used no sign or display that will indicate from the exterior that the building is being used in whole or in part for any purpose other than that of a dwelling; that there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises. A professional person may use his or her residence for infrequent consultation, emergency treatment or performance of religious rites, but not for the general practice of his or her profession.
LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for the zoning district within which it lies for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street or approved private street.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines of a building lot, and for purposes of this chapter, shall include any portion of an easement which may exist within such property lines.
LOT DEPTH. The length of a line connecting the mid-points of the front and rear lot lines.
LOT LINE. A boundary line of a lot.
LOT WIDTH. The length of a line (drawn perpendicular to the lot depth line) connecting the side lot lines.
MALL. A group of two or more business establishments bordering on and having customer entrances from an enclosed common area. See also SHOPPING CENTER.
MOBILE HOME. See DWELLING, PORTABLE.
MODULAR UNIT. A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies, and does not include prefabricated panels, trusses, plumbing trees and other prefabricated sub-elements incorporated into a structure at the site.
MUNICIPAL or MUNICIPALITY. The City of White Sulphur Springs.
NONCONFORMING. A building use, or lot, which by reason of design, size or use does not conform with the requirements of the district, or districts, in which it is located.
OPEN SPACE. The part of a lot including courts or yards which is open and unobstructed from its lowest level to the sky, which is accessible to all residents upon a building lot and which is not part of a roof.
PARKING SPACE. A reasonable level space available for the parking of one motor vehicle, not less than nine feet wide and having an area not less than 180 square feet exclusive of passageways, driveways or other means of circulation or access.
PUBLIC SERVICE CORPORATION. A private utility corporation franchised to supply utility services to the public.
SECTIONAL HOME. A dwelling made of two or more modular units transported to the home site, put on a foundation and joined to make a singular dwelling.
SHOPPING CENTER. A group of two or more business establishments each having its outside customer entrance to a shared parking area, which has limited designated entrance points. See also MALL.
SIGN. Any name, nameplate, billboard, poster, panel, display, illustration, structure or device used for visual communication, which is affixed, painted or represented directly or indirectly upon a building or other outdoor surface for the purpose of bringing the subject thereof to the attention of the public or advertising business, structure or use of land.
SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions in accordance with § 154.168.
STREET. A public or privately owned right-of-way, serving as a means of vehicular and pedestrian travel, and furnishing access to abutting properties.
STREET OR RIGHT-OF-WAY LINE. The line dividing a lot from a street.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things STRUCTURES include buildings, mobile homes, walls, fences, billboards and poster panels.
VARIANCE. A relaxation of the terms of the chapter where such VARIANCE will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.
YARD. The required open, unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky, except for obstruction by projections permitted under § 154.062.
YARD, FRONT. A yard extending the full width of the lot along the street line, and not less in depth, measured from the street line, than the minimum required in each district.
YARD, REAR. A yard extending the full width of the lot along the rear lot line, and not less in depth, measured from the rear lot line, than the minimum required in each district.
YARD, SIDE. A yard extending along the side lot line from the front yard to the rear yard, and not less in width, measured from the side lot line, than the minimum required in each district.
ZONE. See DISTRICT.
(1986 Code, § 1305.03) (Ord. passed 1-28-1991)