This Ordinance, and Ordinances supplemental or amendatory thereto, shall be know, and may be cited hereafter as the “Zoning Ordinance of the City of Clarksburg, West Virginia, 1997".

   In interpreting and applying the provisions of this Zoning Ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience and general welfare. (1969 Code §27-2)

   It is not intended by this Zoning Ordinance to interfere with or abrogate any easements, covenants or other agreements between parties; nor any ordinances, other than expressly repealed hereby; nor any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued and not in conflict with any of the provisions of this Ordinance; except that, where this Ordinance imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces or greater lot area per family than are required or imposed by such easements, covenants or agreements between parties or by such ordinances, rules, regulations or permits, the provisions of this Ordinance shall control.

(1969 Code §27-3)

   Whenever the word “City” appears in this Ordinance, it shall be deemed to refer to the City of Clarksburg, West Virginia; the word “Commission” refers to the Clarksburg Planning and Zoning Commission; the word “Board” refers to the City for which uniform regulations governing the Use, Height, Area, Size, and intensity of Use of Buildings and land, and open spaces about Buildings, are herein established; the words “Zone Map” dated 1995 and any amendments thereto refers to the official Zoning Map of the City of Clarksburg maintained by the City Engineer; the words “Comprehensive Plan” refer to the complete plan, or any of its parts, for the development of the City, prepared by the Commission and adopted by the Council of the City in accordance with the authority conferred by Article 5, Urban and Rural Planning and Zoning, Chapter Eight of the Code of West Virginia, passed March 14, 1959.

   For the purposes of this Zoning Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section:

   (1)   "Accessory building and use" means:

      A.   A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises, and which is not used for human occupancy except as hereinafter provided.

      B.   Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment.

   (1.1)   “Agricultural use” means any portion of land used for agriculture including horticulture truck gardening, flora-culture, trees, grain, forage crops, or any use of the same general character, but not the raising of livestock.

   (1.2)   “Air rights” means the rights to the space above a property for development.

   (2.1)   “Attached structure” shall be considered attached only when at least fifty percent (50%) of an exterior wall is a party wall in common between two residential structures.

   (2.2)   “Basement” means that portion of a building which is partly, but less than half the floor-to-ceiling height, below the average grade adjoining the building, as distinguished from “cellar” which means a story more than half below grade. The basement is counted as a story for the purpose of determining building height, but a cellar is not counted.

   (2.3)   “Bed and breakfast” means a building containing a single dwelling unit with rooms for temporary occupancy of not more than twelve (12) persons for compensation.

   (3)   "Block" means property having frontage on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right of way, waterway or other barrier.

   (4)   "Board" means the Clarksburg Board of Zoning Appeals.

   (6)   "Building" means a structure having a roof supported by columns or walls, including porches and breezeways when roofed, 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. Building shall include structure.

   (7)   "Building area" means the maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed or unroofed porches or architectural appurtenances projecting not more than two (2) feet.

   (8)   "Building detached" means a building having no structural connection with another building.

   (9)   "Building, front line of" means the line of the face of the building nearest the front lot line.

   (10)   "Building, height of" means 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 for gable, hip and gambrel roofs.

   (11)   "Building line" means the line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.

   (12)   "Building permit and improvement location permit" means a permit signed by the Building Inspector stating that a proposed improvement complies with the provisions of this Zoning Ordinance and such other provisions of the Codified Ordinances or other ordinances as may be applicable.

   (13)   "Building, principal" means a building in which is conducted the main or principal use of the lot on which the building is situated. Where a substantial part of an accessory building is attached to the main building, it shall be counted as a part of the principal building.

   (14)   "Business or commercial" means 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.

      (1969 Code 227-1;4-21-77)

   (14.1)   "Business-professional office" means a building or structure which is used primarily for a business-professional office or service and is classified in the following categories: Professional-business office or services, including but not limited to the following: Physician's office, dentist's office, lawyers' offices, real estate offices, insurance offices, optometrists, accountants, chiropodists, podiatrists, architects, engineers, land surveyors, osteopathic physicians and surgeons, chiropractors, private detectives and investigators, foresters, physical therapists, psychologists, landscape architects, hearing-aid dealers and fitters, coal brokers, energy consultants (oil and gas).

   (15)   "Camp, public" means any area or tract of land used or designed to accommodate two (2) or more camping parties including cabins, tents or other camping outfits.

   (15.1)   “Car port” means a shelter without walls for the harboring of an automobile or similar vehicle, provided however, no carport shall be permitted in any front yard.

   (16)   "Cemetery" means land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

   (17)   "Certificate of occupancy" means a certificate signed by the Planning Director or Building Inspector stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Zoning Ordinance.

   (18)   "Clinic or medical health center" means an establishment where patients are admitted for special study and treatment by two (2) or more licensed physicians or dentists and their professional associates.

   (19)   "Commission" means the Clarksburg City Planning Commission.

   (19.1)   “Commune” means four (4) or more unrelated persons living together as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority.

   (20)   "Comprehensive plan" means the complete plan, or any of its parts, for the development of the City, prepared by the Planning Commission and adopted by Council, in accordance with the authority conferred by West Virginia Code 8-24-16 et seq.

   (20.1)   “Deck” means a usually wooden deck that does not have a roof and is not enclosed in any way, with the exception of a railing not exceeding four (4) feet above the floor of such deck.

   (21)   "Development plan" means a drawing, including a legal or site description, of the real estate involved which shows the location and size of all buildings, structures and yards; location and dimension of building lines and easements; widths and lengths of all entrances and exits to and from the real estate; location of all adjacent or adjoining streets; all of which presents a unified and organized arrangement of buildings and service facilities and other improvements such as planting areas, which shall have a functional relationship to the real estate comprising the planned development and to the uses of properties immediately adjacent to the proposed development.

   (23)   "Dwelling" means a building, or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels, motels, lodging houses, boarding houses, tourist homes or mobile homes.

   (24)   "Dwelling unit" means a dwelling or a portion of a dwelling or of an apartment hotel used by one family for cooking, living and sleeping purposes.

   (24.1)   “Educational institution” means a public, or parochial pre-primary, primary, grade, high, preparatory school or academy; junior college, college or university, if public or founded or conducted by or under the sponsorship or a religious or charitable organization.

   (24.2)   “Essential services” include the provision of gas, electrical, steam, communication, telephone, sewer, water, public safety and other similar services. The facilities required to provide such services shall consist of:

      A.   Limited facilities including equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms, police call boxes, traffic signals, hydrants, and other similar equipment which does not require enclosure within a building or which can be constructed within a public right-of-way.

      B.   Major facilities including equipment which requires enclosure within a building or construction on its own site such as gas storage areas, substations, telephone exchanges, and telephone booths.

(25)   "Family" means one or more individuals related by blood or marriage, or three (3) or fewer unrelated individuals sharing one housekeeping unit.

   (26)    "Farm building" means any building used for storage of agricultural equipment or farm produce, housing livestock or poultry and processing dairy products.

   (27)   "Farming use" means any portion of land used for agriculture, including dairying, pasturage, horticulture, truck gardening, floriculture, trees, grain, forage crops, animal and poultry husbandry or any use of the same general character.

   (27.1)   “Fence” means a barrier made in whole or part of posts, wire, boards or plant material which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between public right-of-way and a property.

   (27.2)   “Floor area, gross” means the total area, computed on a horizontal plane, within the outside dimensions of a building.

   (27.3)   “Floor area, ground” means the square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level exclusive of open porches, breeze-ways, terraces, garages, and exterior stairways.

   (28)   "Garage, private" means an accessory building with capacity for not more than three (3) motor vehicles per family, nor more than one of which may be a commercial vehicle of not more than three (3) tons capacity. A garage designed to house two motor vehicles for each family housed in an apartment shall be classed as a private garage.

   (29)   "Garage, public" means any building, or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

   (30)   “Ground floor area" means the square-foot area of a building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages and exterior stairways.

   (30.1)   “Group home”:

      A.   Means a home which:

         1.   Provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled;

         2.   Is occupied as a residence by individuals who are developmentally disabled, behaviorally disabled, or both;

         3.   Is licensed by the Department of Health and Human Service; and

         4.   Complies with the State Fire Commission regulations for residential facilities.

      B.   Behavioral and developmental disabilities are as follows:

         1.   “Behavioral disability” means a disability of a person which:

            a.   Is attributable to severe or persistent mental illness, emotional disorder or chemical dependency; and

            b.   Results in substantial functional limitations in self-direction, capacity for independent living or economic self-sufficiency.

         2.   “Developmental disability” means a chronic disability of a person which:

            a.   Is attributable to a mental or physical impairment or combination of mental and physical impairments;

            b.   Is likely to continue indefinitely;

            c.   Results in substantial functional limitations in self-direction, capacity for independent living or economic self-sufficiency; and

            d.   Reflects the person’s need for a combination and sequence of special, interdisciplinary or generic care, treatment, or other services which are lifelong or extended duration and are individually planned and coordinated.

   (30.2)   “Handicapped” means a person with a physical or mental disability that substantially limits physical activity. All handicap ramps do not have to meet yard setbacks providing they are no higher than four (4) feet and do not block or interfere with a public right-of-way.

   (31)   "Home occupation" means:

      A.   Any business enterprise:

         1.   Conducted in a residential zone and entirely on the residential property;

         2.   Participated in solely by family members or relatives residing at the residentially zoned property with only one nonresident of said property; and,

         3.    Constituting a use subordinate to the residential use of the property.

      B.   Further, the home occupation use shall not change the character of the residential property as a residence. By definition, a home occupation use shall not:

         1.   Change the outside appearance of any buildings or structures on the residential property as visible from the street.

         2.   Create any safety hazard or nuisance as defined in the Codified Ordinances of the City of Clarksburg.

         3.   Result in any outside storage or display.

         4.    Make use of any accessory building on the property other than for storage.

         5.   Result in any signage identifying the home occupation use on the property.

         6.    Result in the utilization of any more than 300 square feet of the dwelling.

         7.    Result in pedestrian or vehicular traffic of any kind between the hours of 8:00 p.m. and 8:00 a.m.

            (Ord. 95-6. Passed 3-2-95.)

   (31.1)   “Hospital” means an institution providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices which are an integral part of the facility, provided such institution is operated by, or treatment is given under direct supervision of licensed physicians.

   (32)    "Hotel" means a building in which lodging is provided and offered to the public for compensation and which to open to transient guests, in contradistinction to a boarding or lodging house.

   (34)   "Kennel" means, any lot or premises on which four or more dogs or small animals, at least four (4) months of age, are kept.

   (34.1)   “Lighting” in all zoning districts of the City private luminaries for commercial and residential uses, such as spot lights, flood lights, dusk-to-dawn lights, etc. shall be designed and mounted with the following consideration:

      A.   Illumination shall be directed in a downward manner and shall be arranged to reflect light away from all adjoining land owners. Light shall require shielding if reflecting onto other properties.

      B.   Luminaries shall not be located more than twenty (20) feet above ground level or not higher than the principle building located on premises, whichever is less.

   (34.2)   “Livestock” permitted in the City of Clarksburg is limited to poultry and rabbits. These may be owned and raised for personal consumption only. No retail use of livestock is permitted. No livestock will be allowed, if, in the opinion of the City Zoning Officer or City Health Officer, it is not being kept in a safe and healthy manner.

   (34.3)   “Living space” and required space shall be defined as contained in the applicable codes as adopted by the Clarksburg City Council. Notwithstanding anything to the contrary, living space shall include, however, bathrooms and closets. All hallways shall be excluded in ascertaining living space.

   (35)   "Loading and unloading berths" means the off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this Zoning Ordinance to held to be a twelve (12) foot by forty-five (45) foot loading space with a fourteen (14) foot height clearance.

   (36)   "Lot" means a parcel, tract or area of land abutting upon a street or place for at least fifty percent (50%) of the lot width prescribed for the district in which the lot is located. It may be a single parcel separately described in a deed or plat which to recorded in the office of County Court Clerk, include parts of, or a combination of such parcels, when adjacent to one another and used as one. in determining lot area and boundary lines, no part thereof within the limits of a street shall be included.

   (37)   "Lot, corner" means a lot at the junction of and abutting two (2) or more intersecting streets.

   (38)   "Lot, interior" means a lot other than a corner lot or through lot.

   (39)   "Lot, through" means a lot having frontage on two (2) parallel or approximately parallel streets or places.

   (40)   "Lot coverage" means the percentage of the lot area covered by the building area.

   (41)   "Lot ground level" means:

      A.   For buildings having walls adjoining one street only, the elevation of the curb level opposite the center of the wall adjoining the street.

      B.   For buildings having walls adjoining more than one street, the average of the elevation of the curb level opposite the center of all walls adjoining the streets.

      C.   For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building.

      Any wall approximately parallel to and not more than five (5) feet from a street is to be considered as adjoining the street.

   (42)   "Lot width" means the dimension of a lot, measured between side lot lines on the building line.

   (43)   "Lot line, front" means in the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line.

   (44)   "Lot line, rear" means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.

   (46)   "Modular Home"means any structure which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on the building site; housing units defined as mobile homes are excluded from this definition.

   (47)   "Mobile home park" means an area of land upon which two (2) or more mobile homes are harbored for the purpose of being occupied either free of charge or for revenue purposes, and shall include any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park. A mobile home is any vehicle, including the equipment sold as a part of a vehicle, which is so constructed as to permit its being used as a conveyance upon streets by either self-propelled or non-self-propelled means which is designed, constructed or reconstructed, or added to by means of an enclosed addition or room in such manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons, which is both used and occupied as a dwelling or sleeping place having no foundation other than wheels, jacks, skirting or other temporary supports. In addition, if a mobile home, as described above, is affixed to real estate by means of a permanent or semipermanent foundation, such mobile home shall not be considered as a dwelling, but shall be considered a mobile home.

   (48)   "Motel" means a series of buildings or detached buildings used as dwelling units containing bedroom, bathroom and closet space, and each unit having convenient access to a parking space for the use of the unit's occupants. The units, with the exception of the apartment of the manager or caretaker, are devoted to the use of automobile transients.

   (48.1)   “Nonconforming lot” means any lot which does not conform with the minimum width, depth, and area dimensions specified for the district where such a lot is situated.

   (48.2)   “Nonconforming structure” means a building or structure or portion thereof, irrespective of use, lawfully existing at the time of passage of the Chapter (or as later amended), designed or arranged, in a manner which does not conform to dimensional use regulations applicable in the Zoning District in which it is located, and which is not adaptable without major structural alterations.

   (48.3)   “Nonconforming uses” means a use of a structure or a lot or portion thereof, lawfully existing at the time of the adoption of this Ordinance (or as later amended), which does not conform to the use regulations applicable in the Zoning District in which it is located.

   (49)   "Parking area public" means an open area, other than a street, place or alley, designed for use or used for the temporary parking of more than four (4) motor vehicles when available for public use, whether free or for compensation, as an accommodation for clients or customers.

   (50)   "Parking space" means a space other than a street, place or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than nine (9) feet wide and twenty (20) feet long exclusive of passageways.

   (50.1)   “Patio” means an area or courtyard designed for outdoor living purposes as an accessory use to a structure, which shall be completely unenclosed except for any side which may adjoin a structure, fence or hedge. Any patio exceeding twelve (12) inches in height shall be considered a deck.

   (50.2)   “Permitted use” means any use which does not require special action by the Board before a zoning permit is granted by the Zoning Official.

   (50.3)   “Person” means a corporation, firm partnership, association, organization or any other group acting as a unit, as well as a natural person or persons.

   (51)   "Place" means an open, unoccupied space other than a street or alley, permanently reserved for use as the principal means of access to property.

   (51.1)   “Plat” means a map or chart indicating the subdivision or re-subdivision of land, either filed or intended to be filed for record.

   (51.2)   “Porch” means a roofed or unroofed structure projecting from the front, side or rear wall of the building which shall have no wall more than thirty-six (36) inches high and which shall be open on all sides except the side adjoining the building. All porches shall be regulated as a part of the principal structure.

   (52)   "Private school" means private pre-primary, primary, grade, high or preparatory school or academy.

   (52.1)   “Professional office” means the office of a physician, dentist, optometrist, minister, architect, landscape architect, planner, engineer, insurance man, realtor, accountant, lawyer, author, musician, and such other professional occupations which may be so designated by the Board of Zoning Appeals. By so designating, the Board must find that such occupation is truly professional in character by virtue of the need for similar training or experience as the above and as a condition of the practice thereof. The practice of such occupation shall in no way adversely affect the safety and amenity of surrounding property to a greater extent than for the professional activities listed herein. The issuance of a State or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.

   (52.2)   “Public utility installations” means the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal departments or commissions or for the public health or safety or general welfare.

   (52.3)   “Recreation” means the following:

      A.   “Commercial recreation” means recreation facilities operated as a business and open to the general public for a fee.

      B.   “Noncommercial private recreation” means clubs or recreation facilities operated by nonprofit organizations and open only to their members and gratuitous guests.

      C.   “Public recreation” means recreation facilities operated as a nonprofit enterprise by a governmental entity or a nonprofit organization and open to the public.

      D.   “Private recreation” means a recreation facility located on private property, accessory to the principal structure, and used and enjoyed solely by the residents and their friends for entertainment. Such facilities shall not be accessible to the general public. Facilities include but are not limited to : swimming pools, tennis courts, basketball courts.

   (52.6)   “Shopping center” means a group of two (2) or more stores planned and designed to function as a unit for the lot on which it is located usually with off-street parking provided as an integral part of the unit.

   (53)    "Sign" means any advertising sign, billboard, board. device, structure or part thereof or device attached thereto or painted or represented thereon, for advertising, display or publicity purposes. Signs placed or erected by governmental agencies for the purpose of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein.

   (53.1)   “Site plan” means a plan depicting the lot boundaries and all present and future improvements. For an application to be complete, a site plan shall be submitted with all applications. The distance from any structure to the lot boundaries shall be clearly shown on the plan.

   (53.2)   “Special exception use” means a use which because of its unique characteristics requires individual consideration in each case by the Board of Zoning Appeals before a zoning permit may be issued in accordance with general land use characteristics of the neighborhood.

   (53.3)   “Story” means that portion of a building, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it, it shall be the story.

   (53.4)   “Story, half” means that portion of a building under a sloping gable, hip, or gambrel roof, the wall plates on at least two (2) opposite exterior walls of which are not more than three (3) feet above the floor level of such half-story.

   (54)   "Street" means a public way established or dedicated by duly recorded plat, deed, grant. governmental authority or by operation of law and providing principal access to abutting property.

   (55)   "Structure" means anything constructed or erected which requires location on the ground or attachment to something having a location on the ground.

   (56)   "Structural alteration" means any change in the supporting members of a building such as bearing walls or partitions, columns, beams, girders or any substantial change in the exterior walls or the roof.

   (56.1)   “Swimming pool- private outdoor” a single private outdoor swimming pool per dwelling unit is permitted as an accessory use to a residential structure provided that such swimming pool is for the private use of the residents of the dwelling unit or for their guests and provided that the edge of the pool is not located closer than ten (10) feet to any property line and that a four-foot high fence measured from the ground level shall completely surround the area of all pools. Permits shall be required for all pools capable of holding two (2) or more feet of water (in depth). In the case of above ground pools, the sidewalls may be considered as part of the fencing requirements. A pool may not be constructed in the required front yard. (Ord. 97-9. Passed 9-4-97.)

   (57)   "Terrace" means a natural or artificial embankment between a building and its lot line.

   (58)   "Terrace, height of" means the difference in elevation between the curb level and the top of the terrace at the center of the building wall.

   (59)   "Tourist home" means a building in which one but not more than five (5) guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.

   (60)   "Townhouse" means a structure containing two (2) or more single-family dwellings which are attached by a common party wall. Townhouses may be held in separate ownership.

   (61)   "Trade or business school" means secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for teaching industrial or technical arts.

   (62)   "Use" means the employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.

   (64)   "Variance" means a modification of the specific requirements of this Zoning Ordinance granted by the Board of Zoning Appeals in accordance with the terms of this Ordinance for the purpose of assuring that no property, because of special circumstances applicable to It, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.

   (66)    "Yard" means a space on the same lot with a main building, open, unoccupied and unobstructed by structures, except as otherwise provided in this Zoning Ordinance.

   (67)   "Yard, front" means a yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the street right-of-way line and the building line.

   (68)   "Yard, rear" means a yard extending across the full width of the lot between the rear of the main building and the real lot line unoccupied other than by accessory buildings which do not occupy more than thirty percent (30%) of the required space the depth of which is the least distance between the rear lot line and the rear of such a main building.

   (70)   "Zone map" means a map entitled "City of Clarksburg, West Virginia Zone Map" date 1959, and any amendments thereto.

   (71)   "Zoning Ordinance" or "Ordinance" as used in Chapter One to Three of Part Thirteen - Planning and Zoning Code means the Zoning Ordinance passed January 18,1961, as amended. (1969 Code. 27-1 4-21-77)

   (72)   "Nightclub" means a restaurant without an ABC license furnishing food, drink, beer and/or entertainment and one which is not open for breakfast or for meals to be served prior to noon on a regular basis and which is open for business on a regular basis after 9:00 p.m.

   (73)   "Billiard or pool room" means a place where the game of billiards or pool is played.

   The Building Inspector is hereby designated and authorized to enforce this Zoning Ordinance.

      (1)   Legal or site description of the real estate involved.

      (2)   Location and size of all buildings and structures on the lot to be improved, as well as other buildings or structures on adjoining property within fifteen (15) feet of the lot to be improved.

      (3)   Any buildings or structures which are to be demolished, and the buildings or structures on the lot which are to remain.

      (4)   All dimensions shall be figured and shown accurately.

      (5)   Width and length of all entrances and exits to and from such real estate.

      (6)   All adjacent and adjoining roads or highways.

Site plans so furnished to the Building Inspector shall be filed by the Building Inspector and shall become a permanent record.

   (b)   Certificate of Compliance. An application for a building permit for any use subject to the provisions of Article 1331 shall be accompanied by a certificate of compliance subscribed by a registered professional engineer of the State certifying that the use intended will satisfy the performance standards of the district in which it is to be located. The Building Inspector may take ten (10) days in which to study the application, during which time he may consult with appropriate technical consultants. If, after the ten day period, the Building Inspector has not required any additional information or stated any objections in writing, the Building Inspector shall issue the building permit.

      (1)   Upon the determination by the Board or petition by such person to require the holder of such permit to show cause pursuant to the provisions to subsection (e) hereof, the Board shall set the same for public hearing, and cause written notice thereof to be sent by registered mail to the permit holder and to be published according to law. Such notice shall name a day not less than ten (10) days after the date such notice is mailed and after the second of such publications upon which such hearing will be held.

      (2)   If after such hearing, upon evidence publicly presented to the Board by members of the public or officers or employees of the City, including members of the Board, present in person at such hearing, the Board shall find that the holder of the permit in question has failed to commence construction of the industrial park or shopping center within twenty-four (24) months from the date the building permit was issued, has failed to carry to completion thirty percent (30%) of the total development plan within three (3) years after such date, or has failed materially to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such building permit was issued, the Board shall withdraw its approval of such development plan and order such permit revoked; provided, however, that the Board may, if it deems such failure correctable within a period of six (6) months, extend the time within which such permit holder may purge himself of such failure for not longer than such period, during which period such hearing, shall be continued to a day certain at the end thereof.

      (1)   Upon receipt of such application, the Board shall proceed as in the case of original applications for special exceptions.

      (2)   In the event the Board shall approve and order such development plan changed, altered, amended or extended, it shall so notify the Building Inspector who shall issue an amended building permit accordingly.

   (g)   Certificate of Occupancy.

      (1)   No land shall be occupied or used and no building hereafter erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy shall have been issued by the Building Inspector stating that the building and use comply with all of the provisions of this Ordinance applicable to the building or premises or the use in the district in which it is to be located.

      (2)   No change in use shall be made in any building or part thereof, now or hereafter erected, reconstructed or structurally altered, without a certificate of occupancy having been issued by the Building Inspector, and no such permit shall be issued to make such change unless it is in conformity with the provisions of this Ordinance.

      (3)   A certificate of occupancy shall be applied for coincidentally with the application of a building permit and shall be issued within ten (10) days after the lawful erection, reconstruction or structural alteration of such building shall have been completed.

      (4)   A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.

      (5)   A building permit may be issued for excavation for or the erection, reconstruction or structural alteration, of any building up to two (2) weeks, before application has been made for a certificate of occupancy.

(1969 Code 27-14; 27-49; 27-57)

   (h)   Permit for Clearing, Grading and Filling.

      (1)   No person shall clear, grade or fill any real property located within the limits of the City without first obtaining a building permit therefor.

      (2)   The Building Inspector shall issue a building permit to clear, grade or fill real property upon completion of the following:

         A.   The applicant must submit for approval to the City Engineer a plan for erosion and sediment control for the subject property. Said plan shall include the seeding and mulching of the subject property.

         B.   The Building Inspector shall perform an inspection of the subject property to determine whether the proposed clearing, grading or filling shall be in compliance with all City ordinances, including the Natural Land Contour Protection Ordinance.

         C.   It is determined that the proposed clearing, grading or filling has no substantial effect on the general character of the neighborhood and has no substantial effect on the aesthetic value of the neighborhood.

      (3)   As used in this section, the following terms shall have the meanings indicated:

         A.   “Clear” means any activity which removes vegetative ground cover.

         B.   “Erosion and sediment control” means a system of structural and vegetative measures that minimize soil erosion and off-site sedimentation.

         C.   “Grade” means to cause disturbance of the earth. This shall include but not be limited to any excavating, filling, stockpiling of earth materials, grubbing or root mat or topsoil disturbance, or any combination thereof.

“Clear” and “grade”, as used in this section, shall not include minor household landscaping and gardening.

      (4)   Any person who violates this section shall be fined up to five hundred dollars ($500.00).

         (Ord. 99-10. Passed 3-4-99.)

   (a)   Membership; Appointment. A Board of Zoning Appeals is established with membership and appointment provided in accordance with the authority conferred by West Virginia Code 8-24-51.

   All appointments made to this Board by the City Council of the City of Clarksburg shall be for terms to begin on July 1 of the year of the appointment. The first appointment made to the Board after enactment of the paragraph shall be for a term to begin on June 11 and thereafter the terms shall run on an annual basis beginning on July 1. Additionally, any member of this Board appointed by City Council who has not been present for at least seventy percent (70%) of all regular and special meetings of the Board in any calendar year, excluding absences deemed by the chairperson to be excusable, shall be removed from office upon the affirmative action of the chairperson of the Board and after approval of such removal by Council and a replacement shall be chosen by City Council to serve the remainder of the existing term.

(1969 Code 27-58; 27-68; Ord. 01-12. Passed 10-4-01.)

   (b)    Election; Chairman and Vice-Chairman. At the first meeting of each year, the Board shall elect a chairman and vice-chairman from its members. The vice-chairman shall have authority to act as chairman during the absence or disability of the chairman.

   (c)    Quorum. A majority of members of a Board shall constitute a quorum. No action of the Board is official, however, unless authorized by a majority of the Board.

   (d)    Appointment of Employees. The Board may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties all in conformity to and compliance with salaries and compensation therefor fixed by the City.

   (e)   Adoption of Rules. The Board shall adopt such rules concerning the filing of appeals and applications for variances and exceptions, giving of notice and conduct of hearings as shall be necessary to carry out their duties under the provisions of this Zoning ordinance.

   (f)    Minutes and Records. The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions and shall record the vote on all actions taken. All minutes and records shall be filed in the office of the Board and shall be a public record.

   (g)    Powers and Duties. The Board shall have the following powers and it shall be its duty to:

      (1)   Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of this Ordinance.

      (2)   Permit and authorize exceptions to the district regulations only in the classes of cases or in particular situations as specified in this Ordinance.

      (3)   Hear and decide special exceptions to the terms of this Ordinance upon which the Board is required to act under this Ordinance.

      (4)   Authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done.

(h)    Appeals.

      (1)   An appeal taken from the requirement, decision or the determination made by an administrative official or board charged with the enforcement of this Ordinance shall be filed with the Board. The appeal shall specify the grounds thereof and shall be filed within such time and in such form as may be prescribed by the Board by general rule. The administrative official or board from whom the appeal is taken shall, upon request of the Board, transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken.

      (2)   The Board shall fix a reasonable time for the hearing of an appeal. Public notice shall be given of the hearing and due notice shall be given additionally to the interested parties. The Board may require the party making the appeal to assume the cost of public notice and due notice to interested parties. Upon the hearing, any party may appear in person, by agent or by attorney.

      (3)   When an appeal from the decision of any official or board has been taken and filed with the Board, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the official or board from whom the appeal was taken shall certify to the Board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Circuit Court of Harrison County, on application, on notice to the officer or board from whom the appeal is taken and the owner of the premises affected and on due cause shown.

      (4)   In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the officer or board from whom the appeal is taken. (1969 Code 27-58; 27-68)

   Amendments, supplements or changes of the regulations of this Zoning Ordinance shall be considered as amendments to the comprehensive plan. Any proposed ordinance for the amendment, supplement, change or repeal of this Ordinance not originating from petition of the Planning Commission shall be referred to the Commission for consideration and report before any final action to taken by Council. Prior to the submission to Council of a Commission petition or a report on a proposed ordinance referred to it for an amendment, supplement, change or repeal of this Ordinance, the Commission shall give notice and hold a public hearing in the manner prescribed in West Virginia Code B-24-47.

(1969 Code 927-12)

   Applications and petitions filed pursuant to the provisions of this Zoning Ordinance shall be accompanied by the filing fees hereinafter specified:

   (a)    For each application for a certificate of occupancy, such fee as provided in Section 1712.03 of Part Seventeen- Building Code.

   (b)    For each petition for an appeal from the decision of the Building Inspector to the Board, a fee of two hundred dollars ($200.00) shall be paid to and collected by the City Clerk, the receipt for which shall accompany the petition.

   (c)   For each application for the approval by the Board of a special exception, a fee of two hundred dollars ($200.00) shall be paid to and collected by the City Clerk, the receipt for which shall accompany the petition.

   (d)    For each petition for an amendment, supplement or change to this section, a fee of two hundred and fifty dollars ($250.00) shall be paid to and collected by the City Clerk, the receipt for which shall accompany the petition.

   (e)    No part of any filing fee paid pursuant to this section shall be returnable to the applicant or petitioner.

   (f)    In addition to any other fees required by these Codified Ordinances, in any case where a plan review is required for any commercial, industrial or multifamily residential building project, a fee of one thousand five hundred dollars ($1,500.00) shall be paid at the time the plans are submitted. All such fees are to be collected by the Director of Finance.

      (Ord. 16-14. Passed 4-21-16.)

   (a)   The Board of Zoning Appeals shall hear requests for variances where it is alleged that the provisions of this Zoning Chapter inflict unnecessary hardship upon the applicant. The Board of Zoning Appeals may grant a variance provided the following findings are made, where relevant, in a given case:

      (1)   That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the Zoning Chapter in the neighborhood or district in which the property is located;

      (2)   That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

      (3)   That such unnecessary hardship has not been created by the appellant;

      (4)   That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

      (5)   That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

   (b)   In granting any variance, the Board of Zoning Appeals may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the Zoning Ordinance.

   (c)   Special Exceptions. The Board of Zoning Appeals shall hear and decide requests for all special exceptions as provided in this Chapter and in accordance with such standards and criteria contained in this Chapter. In granting a special exception, the Board of Zoning Appeals may attach such reasonable conditions and safeguards, in addition to those expressed in the Chapter, as it may deem necessary to implement the purposes and intent of this chapter.

   (a)   The Planning Commission, the Board of Zoning Appeals or any designated enforcement official may institute a suit for injunction in the Circuit Court of Harrison County in the name of the City, to restrain an individual or a governmental unit from violating the provisions of this Zoning Ordinance. The Commission, the Board or any designated enforcement official may also institute a suit for mandatory injunction in the Circuit Court of Harrison County in the name of the City, directing an individual or a governmental unit to remove a structure erected in violation of the provisions of this Ordinance. If the Commission, the Board or any designated enforcement official is successful in its suit the respondent shall bear the costs of the action.

   (b)   Whoever violates any provision of this Ordinance shall be fined not less than ten dollars ($10.00) and not more than three hundred dollars ($300.00).

(1969 Code 27-15)