Dunbar City Zoning Code
CHAPTER ONE
Zoning Administration
1301.01 TITLE.
This ordinance shall be known as the Zoning Ordinance of the City of Dunbar, West Virginia, hereinafter referred to as "this code." (Ord. 785. Passed 9-16-19.)
1301.03 AUTHORITY.
Whereas, by act of the West Virginia State Legislature, as recorded in West Virginia Code, the governing body of any county or municipality may, by ordinance, classify the territory under its jurisdiction into districts of such number, shape, and size as it may deem best suited to carry out the purpose of zoning. (Ord. 785. Passed 9-16-19.)
1301.05 PURPOSE.
This code is consistent with the City of Dunbar Comprehensive Plan and was developed to promote the health, safety, and general welfare of the public. Other purposes of this code include:
(a) To plan so that adequate light, air, convenience of access, and safety from fire, flood, and other danger is secured;
(b) To ensure attractiveness and convenience is promoted;
(c) To lessen congestion;
(d) To preserve historic landmarks, sites, districts, and buildings; and
(e) To promote the orderly development of land.
(Ord. 785. Passed 9-16-19.)
1303.01 SCOPE AND JURISDICTION.
The provisions of this code shall apply to the construction, addition, alteration, moving, repair, and use of any building, structure, parcel of land, or sign within the City of Dunbar, except work located primarily on a public way or road, or on public utility towers and poles, and public utilities, unless specifically mentioned in this code.
In fulfilling these purposes, this code is intended to benefit the public as a whole and not any specific person or class of persons. Although, through the implementation, administration, and enforcement of this code, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the City of Dunbar hereby shall not be enforceable in tort.
(Ord. 785. Passed 9-16-19.)
1303.03 INTERPRETATION, CONFLICT, AND SEVERABILITY.
In interpretation and application, these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provisions of law. Where the conditions imposed by, or pursuant to, these regulations are different from those imposed by any other provision of these regulations or any other ordinance rule or regulation, statute, or other provision of law, the provisions which are more restrictive and which impose the higher or greater standards shall control. If any portion of this code is held invalid for any reason, the remaining herein shall not be affected.
(Ord. 785. Passed 9-16-19.)
1303.05 NON-EXCLUSIONARY INTENT.
It is not the intent of this chapter to exclude any economic, racial, religious, or ethnic group from enjoyment of residence, land ownership, or tenancy within Dunbar; nor is it the intent of this chapter to use public powers in any way to promote the separation within Dunbar of economic, racial, religious, or ethnic groups, except as may be an incidental result of meeting the purposes outlined in this article. (Ord. 785. Passed 9-16-19.)
1305.01 OFFICIAL ZONING MAP.
This code shall include the ordinance and the accompanying zoning map, which shall be considered an integral part of this code. The Official Zoning Map shall be the map certified by the Clerk of the City Council of Dunbar. All subsequent rezoning amendments of the Official Zoning Map also shall be certified by the Clerk of the City Council of Dunbar.
(Ord. 785. Passed 9-16-19.)
1307.01 ENACTMENT.
Therefore, be it ordained by the Council of the City of Dunbar, West Virginia, for the purpose of accomplishing the objectives set out in the West Virginia Code, that the following be enacted as the Zoning Ordinance of Dunbar, West Virginia.
(Ord. 785. Passed 9-16-19.)
1307.03 EFFECTIVE DATE.
This act shall take effect forty-five days (45) after adoption.
(Ord. 785. Passed 9-16-19.)
1309.01 PURPOSE.
The purpose of this Article is to describe the procedures for administration and enforcement of this code and the duties and responsibilities of the Zoning Officer, Board of Zoning Appeals, and Planning Commission.
(Ord. 785. Passed 9-16-19.)
1309.03 POWERS AND DUTIES OF ZONING OFFICER.
Council shall appoint a Zoning Officer, who shall have the authority to administer and enforce this code. Duties of the Zoning Officer include but are not limited to the following:
(a) Keep a record of plans and applications for permits and all permits issued with notations as to special conditions. All records shall be open for public inspection.
(b) Review permit applications and notifications as necessary to determine compliance with the provisions of this code. No permit shall be issued unless it conforms to all applicable ordinances, statues, and regulations.
(c) All questions of interpretation and enforcement shall be initially presented and determined by the Zoning Officer. Subsequent recourse shall be, in order, to the Board of Zoning Appeals and the courts.
(d) Upon finding that provisions of this code have been violated, notify the person or party in writing responsible for the violation(s); order the action necessary to correct the violation; and if correction is not completed within the time specified in the notice of violation, begin legal actions necessary to compel correction of the violation.
(e) Maintain official zoning maps.
(f) Provide information on planning and zoning upon request by citizens and public agencies.
(g) Submit at least annually, a written report on all permits issued and notice and orders issued.
(h) No building permit or certificate of occupancy shall be issued until a zoning permit has been issued.
(i) Perform additional tasks and duties as may be prescribed by the City Council of Dunbar.
(Ord. 785. Passed 9-16-19.)
1309.05 ZONING PERMIT.
(a) No building or structure shall be constructed, erected, expanded, enlarged, or otherwise structurally altered until a zoning permit has been issued by the Zoning Officer.
(b) Applications for a zoning permit shall be made available at City hall.
(c) All applications for zoning permits shall be made in writing by the owner or authorized agent and shall be filed with the Zoning Officer. The application shall:
(1) Include a statement as to the proposed use of the structure or land.
(2) Be accompanied by a plan, drawn to scale, showing the dimensions of the lot to be built upon, the exact size and location of the building to be constructed upon the lot, and accessory buildings to be erected, and such other information as may be deemed necessary by the Zoning Officer in determining and provided for the enforcement of this code.
(d) If the zoning permit application is approved by the Zoning Officer, then an appropriate placard issued by the City and containing the approval of the Zoning Officer, shall be returned together with the zoning permit to the applicant, following payment of the appropriate fee as determined by City Council. The placard shall be posted by the applicant in a conspicuous place upon the building or construction site prior to the commencement of any construction and shall remain upon the building or construction site during all construction operations.
(e) A zoning permit does not alleviate the necessity to obtain a building permit as required by the City of Dunbar Municipal Code.
(Ord. 785. Passed 9-16-19.)
1309.07 POWERS AND DUTIES OF PLANNING COMMISSION.
For the purpose of this code, the Planning Commission has the following duties:
(a) Initiate proposed amendments to this code.
(b) Review all proposed amendments to this code and make recommendations to City Council.
(Ord. 785. Passed 9-16-19.)
1309.09 POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS.
(a) A Board of Zoning Appeals is hereby established with membership and appointment provided in accordance with the West Virginia Code.
(b) Members. The board shall consist of five (5) members appointed by City Council. The members of the board shall be residents of the City of Dunbar for at least three (3) years preceding his or her appointment. Members cannot be a member of the planning commission and cannot hold any other elective or appointive office in municipal government. Upon creation of the Board of Zoning Appeals, the members shall be appointed for the following terms: one for a term of one (1) year; two (2) for a term of two (2) years; and two (2) for a term of three (3) years. The terms shall expire on the first day of January of the first, second, and third year, respectively, following their appointment. Thereafter, members shall serve three-year terms. If a vacancy occurs, Council shall appoint a member for the unexpired term.
(c) A Board member may be removed only for official misconduct or neglect of duty by action of Council upon presentation of written charges.
(d) At the first regular meeting each year, the Board of Zoning Appeals shall elect a chairperson and vice chairperson from its members. The vice chairperson shall have the power and authority to act as chairperson during the absence or disability of the chairperson.
(e) The Board of Zoning Appeals shall meet quarterly and may meet more frequently at the written request of the chairperson or by two (2) or more members. Notice for a special meeting must be in writing; include the date, time, and place of the special meeting; and be sent to all members at least two (2) days before the special meeting. Written notice of a special meeting is not required if the date, time, and place of the special meeting were set in a regular meeting. The Board of Zoning Appeals must have a quorum to conduct a meeting. A member of the Board of Zoning Appeals is a quorum. No action of a board is official unless authorized by a majority of the members present at a regular or properly called special meeting.
(f) The Board of Zoning Appeals has the following duties:
(1) Hear, review, and determine appeals from an order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of this code or rule and regulation adopted pursuant thereto.
(2) Authorize exceptions to the district rules and regulations only in the classes of cases or situations, as specified in this code.
(3) Hear and decide conditional uses of this code upon which the board is required to act.
(4) Authorize, upon appeal in specific cases, a variance to this code.
(5) Reverse, affirm, or modify the order, requirement, decision, or determination appealed from and have all the powers and authority of the official or board from which the appeal was taken.
(6) Adopt rules and regulations concerning:
A. The filing of appeals, including the process and forms for the appeal.
B. Applications for variances and conditional uses.
C. The giving of notice; and
D. The conduct of hearings necessary to carry out the board's duties under the terms of this article.
(7) Keep minutes of its proceedings.
(8) Keep an accurate and complete audio record of all of the board's proceedings and official actions and keep the audio record in a safe manner, which audio record is accessible within twenty-four (24) hours of demand, for three (3) years.
(9) Record the vote on all actions taken.
(10) Take responsibility for the custody and preservation of all papers and documents of the board. All minutes and records shall be filed in the office of the board and shall be public records.
(11) With consent from the governing body, hire employees necessary to carry out the duties and responsibilities of the board; provided, that the governing body sets the salaries; and
(12) Supervise the fiscal affairs and responsibilities of the board.
(Ord. 785. Passed 9-16-19.)
1309.11 APPEAL TO THE BOARD OF ZONING APPEALS.
An appeal from any order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of this code, or rule and regulation adopted pursuant to this code, shall be filed with the Board of Zoning Appeals. The appeal shall:
(a) Specify the grounds of the appeal.
(b) Be filed within thirty (30) days of the original order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of this code; and
(c) Be on a form prescribed by the board.
(d) Upon request of the Board of Zoning Appeals, the administrative official or board shall transmit all documents, plans, and papers constituting the record of the action from which the appeal was taken.
(Ord. 785. Passed 9-16-19.)
1309.13 NOTICE AND HEARING OF APPEAL.
(a) Within ten (10) days of receipt of the appeal by the Board of Zoning Appeals, the board shall set a time for the hearing of the appeal and give notice. The hearing on the appeal must be held within forty-five (45) days of receipt of the appeal by the board.
(b) At least fifteen (15) days prior to the date set for the hearing on the appeal, the Board of Zoning Appeals shall publish a notice of the date, time, and place of the hearing on the appeal as a Class I legal advertisement in compliance with the provisions of the West Virginia Code, and written notice shall be given to the interested parties. The publication area shall be the area covered in the appeal.
(c) The Board of Zoning Appeals may require the party taking the appeal to pay for the cost of public notice and written notice to interested parties.
(d) At the hearing, any party may appear in person, by agent, or by an attorney licensed to practice in this state.
(e) Every decision by the board must be in writing and state findings of fact and conclusions of law on which the board based its decision. If the board fails to provide findings of fact and conclusions of law adequate for decision by the circuit court and as a result of the failure, the circuit court returns an appealed matter to the board and dismisses jurisdiction over an applicant's appeal without deciding the matter, whether the court returns the matter with or without restrictions, the board shall pay any additional costs for court filing fees, service of process, and reasonable attorneys' fees required to permit the person appealing the board's decision to return the matter to the circuit court for completion of the appeal.
(f) The written decision by the board shall be rendered within thirty (30) days after the hearing.
(g) If the board fails to render a written decision within thirty (30) days after the hearing, then any party may pursue additional legal remedies to obtain a decision, including, but not limited to, seeking a writ of mandamus.
(h) When an appeal has been filed with the Board of Zoning Appeals, all proceedings and work on the premises in question shall be stayed, except as provided below:
(1) If the official or board from where the appeal was taken certifies in writing to the Board of Zoning Appeals that a stay would cause imminent peril to life or property.
(2) Upon further administrative proceedings, including, but not limited to, submissions to and reviews by the staff or any administrative body; or
(3) Upon engineering or architectural work that does not disturb the real estate beyond what is necessary to complete engineering, survey work, or other tests.
(i) Nothing in this section prevents a party from obtaining a restraining order.
(Ord. 785. Passed 9-16-19.)
1309.15 VIOLATIONS AND PENALTIES.
(a) Any person who violates any provision of this code is guilty of a misdemeanor and upon conviction, shall be punished for each offense by a fine not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Each day the violation continues shall be considered a separate offense. Work carried on in violation of a cancelled permit issued under this chapter shall also be deemed a violation punishable in the same manner.
(b) Any buildings erected, raised or converted, or land or premises used in violation of any provision of this code is declared a common nuisance and the owner of the building, land, or premises shall be liable for maintaining a common nuisance.
(Ord. 785. Passed 9-16-19.)
(a) The Planning Commission, Board of Zoning Appeals, or any designated enforcement official may seek an injunction in the Circuit Court of Kanawha County, West Virginia, to restrain the owner, tenant, occupant, other persons or persons responsible, or unit of government from violating the provision of this code or any rule, regulation, or requirement adopted or established hereunder.
(b) The Planning Commission, Board of Zoning Appeals, or any designated enforcement official may also seek a mandatory injunction in the Circuit Court of Kanawha County, West Virginia, directing the owner, tenant, occupant, other persons or persons responsible, or unit of government to remove a structure erected in violation of the provisions of this code or rule, regulation, or requirement adopted or established hereunder.
(c) If the Planning Commission, Dunbar Board of Zoning Appeals, or any designated enforcement official is successful in any suit brought under this Section, the respondent shall bear the costs of the action.
(Ord. 785. Passed 9-16-19.)
1309.19 VARIANCES.
(a) A variance is a deviation from the minimum standards of this code and shall not involve permitting land uses that are otherwise prohibited in the zoning district nor shall it involve changing the zoning classifications of a parcel of land.
(b) The Board of Zoning Appeals shall grant a variance to this code if it finds that the variance:
(1) Will not adversely affect the public health, safety, or welfare, or the rights of adjacent property owners or residents.
(2) Arises from special conditions or attributes which pertain to the property for which a variance is sought, and which were not created by the person seeking the variance.
(3) Would eliminate an unnecessary hardship and permit a reasonable use of the land; and
(4) Will allow the intent of this code to be observed and substantial justice done.
(c) The Board of Zoning Appeals shall not grant a variance to allow the establishment of a use in a zoning district when such use is prohibited by the provisions of this code.
(Ord. 785. Passed 9-16-19.)
1309.21 CONDITIONAL USES.
The Board of Zoning Appeals may approve an application for a conditional use permit, subject to reasonable conditions and restrictions as are causally related to and incidental to the proposed conditional use permit, subject to the limitations and conditions as follows:
(a) The use will be consistent with the vision and goals set forth in the City's comprehensive plan.
(b) The use is physically and operationally compatible with the surrounding neighborhood and surrounding existing uses. Conditions may be imposed on a proposed conditional use to ensure that potential significant adverse impacts on surrounding existing uses will be reduced to the maximum extent feasible, including, but not limited to, conditions or measures addressing:
(1) Location on a site of activities that generate potential adverse impacts such as noise and glare.
(2) Hours of operation and deliveries.
(3) Location of loading and delivery zones.
(4) Light intensity and hours of full illumination.
(5) Placement and illumination of outdoor vending machines.
(6) Loitering.
(7) Litter control.
(8) Placement of trash receptacles.
(9) On-site parking configuration and facilities.
(10) On-site circulation.
(11) Privacy concerns of adjacent uses.
(c) To the maximum extent feasible, access points to the property are located as far as possible, in keeping with accepted engineering practice, from road intersections and adequate sight distances are maintained for motorists entering and leaving the property proposed for the use.
(d) On-site and off-site traffic circulation patterns related to the use shall not adversely impact adjacent uses or result in hazardous conditions for pedestrians or automobiles in or adjacent to the site.
(e) The use will be adequately served by public facilities and services. Public facilities and services that may be considered in light of this standard include, but are not limited to, water, sewer, electric, schools, streets, fire and police protection, storm drainage, public transit, and public parks or trails.
(f) The use provides adequate off-street parking on the same property as the use, in compliance with standards set forth in Article 1333 of this code.
(g) The use will not substantially injure the value of adjoining property.
(h) The location and character of the use, if developed according to the plans and information approved, will be in harmony with the character and appearance of the surrounding neighborhood.
(i) Operations in connection with the use shall not be offensive, dangerous, and destructive of the environment.
(j) Any storage of hazardous material that is ancillary to a conditional use shall be listed and made known with the City of Dunbar Fire Department.
(k) The board may impose additional conditions and safeguards deemed necessary.
(Ord. 785. Passed 9-16-19.)
1309.23 AMENDMENTS.
(a) The City Council of Dunbar may amend this code. Before amending this code, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission, must find that there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.
(b) The governing body may amend this code without holding an election, holding an election on the proposed amendment, or holding an election on the proposed amendment pursuant to a petition. (Ord. 785. Passed 9-16-19.)
1311.01 INTERPRETATIONS OF WORDS.
For the purposes of this code, the following words and phrases shall have the meanings respectively recognized to them by this article. Where terms are not defined, they shall have their ordinarily accepted meanings within the context in which they are used. Webster's Third New International Dictionary of the English Language, copyright 1986, shall be considered as providing ordinarily accepted meanings. Certain terms, phrases, words, and their derivatives shall be construed as specified. For the purpose of this code, certain terms and words used herein shall be interpreted as follows:
(a) Words used in the present tense include the future tense.
(b) Words used in the singular number shall include the plural, and words used in the plural number shall include the singular.
(c) The word "person" shall include a firm, association, organization, limited liability company, limited partnership, corporation, trust, company, as well as a natural individual.
(d) The word "City" shall mean the City of Dunbar.
(e) The word "shall" and "must" are used to indicate mandatory directives.
(f) The word "structure" shall include the word "building."
(g) The word "Map" or "Zoning Map" or "Zoning Map, City of Dunbar, West Virginia" or "Official Zoning Map" shall mean the map that geographically illustrates all zoning district boundaries within the City of Dunbar, West Virginia, pursuant to the requirements of Chapter 8A of the West Virginia Code.
(h) The term "governing body" and "city council" shall both mean the City Council for the City of Dunbar, West Virginia, pursuant to the Charter of the City of Dunbar.
(i) The term "Planning Commission" shall mean the Planning Commission for the City of Dunbar, West Virginia, pursuant to Chapter 8A of the West Virginia Code.
(j) "Districts" or "Zoning Districts" shall mean administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the Official Zoning Map, which is a part of this code.
(Ord. 785. Passed 9-16-19.)
1311.03 DEFINITIONS.
(1) "Abandoned motor vehicle" means any motor vehicle or major part thereof which is inoperative and which has been left on public or private property for any period of time over five (5) days, other than in an enclosed building or licensed salvage yard or at the business establishment of a demolisher; or any motor vehicle or any major part thereof which has remained illegally on public or private property without consent of the owner or person in control of the property for any period of time over three (3) days; or any motor vehicle or major part thereof which is unattended, discarded, deserted, and unlicensed and is not in an enclosed building or licensed salvage yard or in the actual possession of a demolisher.
(2) "Abandonment" means 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. In the case of natural resources, the absence of natural resources extraction or harvesting is not abandonment.
(3) "Accessory Use" means a use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use.
(4) "Accessway" means a private vehicular facility for townhomes, multi-family dwellings, and condominiums, serving more than four (4) dwelling units, and commercial developments that extends from the curb-line of a public or private road to the parking lot.
(5) "Adult Bookstore" means any commercial establishment in which is offered for sale as a substantial or significant portion of its stock-in-trade videocassettes, movies, books, magazines or other periodicals, or other media which are distinguished or characterized by their emphasis on nudity or sexual conduct or on activities which, if presented in live presentation, would constitute adult entertainment.
(6) "Adult Business" means an adult bookstore, movie theater, or movie house or other adult entertainment, as defined herein.
(7) “Adult Entertainment" means an establishment providing, either as a sole use or in conjunction with or in addition to other uses, entertainment consisting of the use of nudity or of live dancing, posing, displaying, acting, or other live presentation or use of persons whose actions are distinguished or characterized by emphasis on use of the human body in a manner intended to or resulting in arousal of sexual excitation or sexual titillation or a prurient interest or intended to or resulting in producing lustful emotions.
(8) “Adult Movie Theater or Movie House (including Adult Mini-Theaters)" means any movie theater which on a regular, continuing basis shows films rated X by the Motion Picture Coding Association of America or any movie theater which presents for public viewing on a regular, continuing basis so-called adult film depicting sexual conduct, as defined by this chapter.
(9) "Advertising" means any words, symbol, color, or design used to call attention to a commercial product, service, or activity.
(10) "Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.
(11) "Alteration" means any change, addition, or modification in construction or occupancy of an existing structure.
(12) "Aggrieved or aggrieved person" means a person who:
A. Is denied by the planning commission, board of subdivision and land development appeals, or the Board of Zoning Appeals, in whole or in part, the relief sought in any application or appeal; or
B. Has demonstrated that he or she will suffer a peculiar injury, prejudice, or inconvenience beyond that which other residents of the county or municipality may suffer.
(13) "Amphitheater" means an outdoor gathering space typically for entertainment which is often constructed with tiers of seats or sloping surfaces that gradually rise outward from a central open space or stage. An amphitheater may include a bandshell-type building or structure to provide weather protection to a stage.
(14) "Animal Hospital/Veterinary Office" means an establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment and shall exclude the treatment or other care of humans. An animal hospital/veterinary office is not considered a "kennel" for the purpose of this code but may be combined with the kennel land use in districts where both uses are permitted.
(15) "Assisted Living Facility" means any living facility, residence, or place of accommodation available for four (4) 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 the West Virginia Code.
(16) "Automobile" means a motorized road vehicle, typically with four (4) wheels, able to carry a small number of people.
(17) "Automobile Car Wash" means any building, site, or premise or portions thereof, used for washing the interior or exterior of automobiles. An automobile car wash shall include self-operated facilities but shall not include a single bay washing facility in an automobile repair or service station where such facilities are incidental to the operation of said automobile repair or service station.
(18) "Automobile Repair/Service" means any building, structure, improvements, or land used for the repair or maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo equipment or cellular telephones
(19) "Bakery" means an establishment used for the preparation of baked goods primarily for retail sales but may include incidental wholesale for general distribution or consumption off-site.
(20) "Bank/Financial Institution" means an establishment that provides services such as retail banking, collection services, loan services, and tax and investment services to individuals and businesses.
(21) "Bed and Breakfast Inn" means a single-family dwelling with no more than six (6) rooms or suites that are rented to the public for overnight stays not in excess of seven (7) consecutive nights, for a fee. Breakfast is the only meal prepared for guests and rented rooms do not contain cooking facilities. The Bed and Breakfast must be the primary residence of the owner.
(22) "Board of Zoning Appeals" means the officially constituted body appointed to carry out duties and responsibilities in accordance with the West Virginia Code, Chapter 8A, Article 8, et seq., as amended.
(23) "Boat and Marine Sales/Service" means any building or lot used for the sale, maintenance, servicing, repair, or painting of boats and other watercraft.
(24) "Boat Storage" means an enclosed, partially enclosed or open facility utilized for the wet or dry storage of boats.
(25) "Brewery Pub" means a place of manufacture of nonintoxicating beer or nonintoxicating craft beer owned by a resident brewer, subject to federal and state regulations and guidelines, a portion of which premises are designated for retail sales of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
(26) "Broadcasting Studio" radio or television means any premises or station authorized by the appropriate regulating agency used for the purpose of providing broadcasting services for general reception.
(27) "Buffer Area" means a strip of land, usually adjacent to the boundary of a property or district, not less in width than is designated in this code that requires screen planting or fencing in compliance with this code.
(28) "Building" means any structure having enclosing walls and roofs and requiring a permanent location on the land.
A. Accessory Building - A detached building customarily incidental and subordinate to the principal building and located on the same lot.
B. Principal Building - A building in which is conducted the principal use of the site or lot on which it is situated. In all residential districts, any dwelling is the principal building on the lot on which it is located.
(29) "Building Envelope" means the area formed by the front, side, and rear setback lines of a lot within which the principal building must be located.
(30) "Building Height" means the vertical distance measured from the average elevation of the proposed finished grades immediately adjacent to the front lot line to the highest point of the roof for flat roofs, to the deck line for mansard roofs, to the mean height between eaves and ridge for gable, hip, and gambrel roofs. If there are two (2) or more separate roofs on a single building, the height of such building shall be calculated from the highest roof.
(31) "Building Material Facility" means an establishment that sells home, lawn, and garden supplies and tools and construction materials, such as brick, lumber, hardware, and other similar materials. Construction goods may be located in outdoor storage.
(32) "Building Setback Line" means an established line within a property defining the minimum required distance between the face of any building or structure and an adjacent right-of-way or property line. See Section 1331.04 for requirements and exceptions.
(33) "Bus/Transit Facilities" means a facility, including terminals, depots, and passenger waiting, loading, and unloading stations of bus and other transit companies and districts; also includes facilities providing any and all types of general or specialized maintenance services or storage areas for buses and other transit vehicles of a transit company or district, public or private, providing transportation services primarily for people.
(34) "Bus/Transit Shelter" means a covered structure at a bus or other transit stop providing protection against the weather.
(35) "Campground" means a publicly or privately owned site designed, designated, maintained, intended, or used for the purpose of supplying a location for seasonal, recreational, and temporary living purposes in cabins or tents, open to the public for free or for a fee.
(36) "Canopy" means a roof-like structure either projecting from a building façade and open on three sides, or standing alone and open on four sides, and used for the purpose of protecting pedestrians and motorists from weather-related elements.
(37) "Catering Business" means an establishment used for the preparation and delivery of food and beverages for off-site consumption. This establishment may provide for an on-site pickup but may not provide for on-site consumption.
(38) "Centerline" means an imaginary line running parallel to street or easement right-of-way lines and equidistant from the lines on each side of the street or easement, or a line following the center of a physical feature such as a stream.
(39) "Child Care Center" means a facility maintained by the state or any county or municipality thereof, or any agency or facility operated by an individual, firm, corporation, association, or organization, public or private, for the care of thirteen (13) or more children for child care services on a nonresidential basis and licensed by West Virginia Department of Health and Human Services.
(40) "Child Care Facility" means any facility which is used to provide nonresidential child care for compensation for seven (7) to twelve (12) children for four (4) or more hours per day, including children who are living in the household who are under six (6) years of age as determined by and licensed by the West Virginia Department of Health and Human Services. No more than four (4) of the total number of children may be under twenty-four (24) months of age.
(41) "Child Care Home" means a facility which is used to provide childcare for compensation in the provider's home. The provider may care for no more than six (6) children, including children who are living in the household, who are under six (6) years of age as determined by and licensed by the West Virginia Department of Health and Human Services. No more than two (2) of the total number of children may be under twenty-four (24) months of age. Child Care Home is a permitted accessory use only for single-family dwellings.
(42) "Clear Sight Triangle" means the triangular area formed by intersecting street, alley, or other public right-of-way centerlines and a line interconnecting points established on each centerline, seventy-five (75) feet from the point of intersection and the plane established three and one-half (3.5) feet in elevation to a height of ten (10) feet from grade level at the intersection of the street, alley, or other public right of way centerline.
(43) "Clinic" means an establishment providing medical, chiropractic, psychiatric, or surgical services exclusively on an outpatient basis, including emergency treatment, and diagnostic services.
(44) "Community Facility, Private" means a building or structure and related facilities operated by a community-based group or organization on a nonprofit basis, the primary function of which is the provision of personal services to individuals, families, and groups. Services may include information, socializing, recreation, and counseling, but shall exclude the provision of sleeping quarters, except for one caretaker dwelling unit to be used for security and maintenance purposes.
(45) "Comprehensive Plan" means the plan for physical development, including land use, adopted by the City of Dunbar, setting forth guidelines, goals, and objectives for all activities that affect growth and development in the City's jurisdiction.
(46) "Conditional Use" means a use which because of special requirements or characteristics may be permitted in a particular zoning district only after review by the Board of Zoning Appeals and upon issuance of a conditional use permit, and subject to the limitations and conditions specified in this code.
(47) "Continuing Care Facility" means one or more of the following facilities:
A. "Adult Assisted Living" means any facility, residence, or place of accommodation available for four (4) 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 the West Virginia Code.
B. "Nursing Home" means any institution, residence, or place, or any part or unit thereof, however named, which is advertised, offered, maintained, or operated by the ownership or management, whether for consideration or not, for the express or implied purpose of providing accommodations and care, for a period of more than twenty-four (24) hours, for four (4) or more persons who are ill or otherwise incapacitated and in need of extensive, ongoing nursing care due to physical or mental impairment or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation.
C. "Skilled Nursing Facility" means an institution, or a distinct part of an institution, that primarily provides inpatient skilled nursing care and related services, or rehabilitation services, to injured, disabled, or sick persons.
(48) "Convenience Store" means an establishment engaged in the retail sale, from the premises, of food, beverages, and other frequently or recurrently needed items for household use, but not including the display of merchandise or products outdoors, except where such display is required to sell the merchandise. This land use does not include a gas station, but a convenience store may be combined with a gas station or large gas station provided that the combined uses are each permitted within the district.
(49) "Conversion" means the remodeling or alteration of a structure so as to accommodate more leasable or saleable units or a different use than what had originally been intended for the structure, provided the existing zoning permits the intended use. This includes the alteration of a non-residential structure into a dwelling unit(s) for at least one family, the alteration of existing dwellings into a commercial use, and the alteration of an existing dwelling into a mixed commercial and residential use.
(50) "Conversion of Old School/Church" means the conversion (as defined by this code) of a former school or church for multi-family dwelling or commercial purposes.
(51) "County" means Kanawha County, West Virginia.
(52) "Cultural Service" means the use of a site engaging in the collection, display, or preservation of objects of community or cultural interest.
(53) "Distribution Facility" means any premises or part thereof, which provide logistical support for business, such as freight management, inventory control, storage, packaging, and consolidation of goods for distribution.
(54) "Distillery" means an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.
(55) "Dock" means 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.
(56) "Dog Day Care" means an organized, controlled, and monitored environment for a group of friendly dogs to interact and play throughout the day. The purpose is to provide stimulation, exercise, and socialization for dogs.
(57) "Drive-Through Facility" means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in an automobile during such business transactions.
(58) "Driveway" means an impervious surface for vehicular access to a building, garage, parking facility, or other vehicular facility, lot, or parcel of land.
(59) "Dry Cleaner" means an establishment providing dry cleaning and laundering services where dry cleaning and laundering may be done on the premises. A dry cleaner may also provide ancillary services such as tailoring.
(60) "Dwelling" means a stick-built or modular house, apartment building, or other building designed or used primarily for human habitation, on a permanent foundation and never having been permanently affixed to a mobile chassis or trailer. The word "dwelling" shall not include boarding houses or rooming houses, tourist homes, motels, hotels, other structures designed for transient residence, factory-built homes other than modular homes, or any unit smaller than eight hundred (800) square feet.
(61) "Dwelling, Apartment" means a building containing several and separate dwelling units, having common corridors and stairways and having shared exit and entrance facilities.
(62) "Dwelling, Condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Yard requirements apply to structures only and not individual ownership units.
(63) "Dwelling, Mixed Use" means a building containing residential uses with a subordinate amount of commercial 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 behind commercial development but cannot be accessed from any portion of the building that faces the primary street.
(64) "Dwelling, Multi-Family" means a building containing three or more dwelling units, which may include rental apartment buildings, rental or owner occupied townhome buildings, and rental or owner occupied condominium buildings, provided that all such freestanding buildings contain three (3) or more dwelling units.
(65) "Dwelling, Single Family" means a detached building containing not more than one dwelling unit and not occupied by more than one family.
(66) "Dwelling, Townhome" means 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 townhome 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. Also known as a "Rowhouse."
(67) "Dwelling, Two Family" means a residential building which is the only principal structure on the lot, designed exclusively for occupancy by two (2) families living independently of each other, and containing two (2) dwelling units, each with a separate entrance directly to the outside.
(68) "Dwelling Unit" means any dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities therefor.
(69) "Educational Institution" means a college or university giving general academic instruction. Included within this term are areas or structures used for administration, housing of students and faculty, dining halls, and social or athletic activities, when located on the institution's land that is not detached from where classroom facilities are maintained.
(70) "Emergency Services" means an area utilized for the maintenance, fueling, storage, dispatching, or parking of vehicles or equipment providing rescue or ambulatory services.
(71) "Emergency Shelter" means a structure or part thereof, operated on a non-profit basis to temporarily house families or individuals who are victims of disaster, who are affected through action on the part of or on behalf of the municipality other than routine, redevelopment-related relocation activities, or who have bona fide state or federal emergency housing needs.
(72) "Equipment Rental/Repair" means an establishment involved in renting or repairing tools and equipment, janitorial equipment, and so forth.
(73) "Essential Utilities and Equipment" means underground or overhead electrical, gas, communications not regulated by the federal communications commission, water and sewage systems, including pole structures, towers, wires, lines, mains, drains, sewers, conduits, cables, fire alarm boxes, public telephone structures, police call boxes, traffic signals, hydrants, regulating and measuring devices and the structures in which they are housed, and other similar equipment accessories in connection therewith. Essential utility equipment is recognized in three (3) categories: (1) local serving; (2) nonlocal or transmission through the county or municipality; and (3) water and sewer systems, the activities of which are regulated, in whole or in part, by the Public Service Commission; Department of Environmental Protection; or The Department of Health and Human Resources.
(74) "Existing Use" means use of land, buildings, or activity permitted or in existence prior to the adoption of a zoning map or ordinances by the county or municipality. If the use is nonconforming to local ordinance and lawfully existed prior to the adoption of the ordinance, the use may continue to exist as a nonconforming use until abandoned for a period of one (1) year, provided that in the case of natural resources, the absence of natural resources extraction or harvesting is not abandonment of the use.
(75) "Family" means an individual, or two (2) or more persons related by blood, marriage, or adoption, or under approved foster care; or a group of not more than four (4) unrelated persons and persons related by blood, marriage, adoption, or foster relationship to any of those four (4) unrelated persons, living together as a single housekeeping unit and sharing common living, dining, and kitchen areas, subject to the requirements of the Building Code.
(76) "Farm/Construction Equipment and Supply Sales" means an establishment engaged in the on-premises lease, rental, or retail sale of new or used construction or farm equipment, with or without incidental service for minor repairs and maintenance.
(77) "Farmer's Market" means offering for sale of fresh agricultural products directly to the consumer at an open-air market designated as a community activity.
(78) "Fence" means an artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate an area.
(79) "Flag" means a piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol or decoration; this includes pennants.
(80) "Flea Market" means a place where any person or group of vendors, whether professional or non-professional, offer for sale, trade, or barter any goods regardless of whether they are new, used, antique, or homemade; and regardless of whether they are offered for sale in open air, buildings, or temporary structures. The term "flea market" also shall not include any business or occupation that has a valid business license or special use permit pertaining to the sale, trade, or barter of goods.
(81) "Floor Area, Gross" means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
(82) "Front Building Line" means a line parallel to the front lot line, at a distance measured perpendicular therefrom as prescribed in this code for a required yard. Where there is no required yard, the lot line shall be the front building line.
(83) "Freight Terminal" means any premises used by a freight company which is the origin or destination point of goods being transported for the purpose of storing, transferring, loading, and unloading such goods.
(84) "Funeral Home" means a building or part thereon used exclusively for human burial services. Such building may contain space and facilities for (1) embalming and the performance of other services used in the preparation of human remains, (2) the performances of autopsies and other surgical procedures associated with processing human remains, (3) the storage of caskets, funeral urns, and other related funeral supplies, and (4) cremation services.
(85) "Garage, Community" means a group of private garages, detached or under one roof, arranged in a row or around a common means of access and erected for use of residents in the immediate vicinity.
(86) "Garage, Private" means an accessory building either attached to or detached from a residential dwelling on the same property for storing vehicles by the resident of the dwelling and not to be used as a business.
(87) "Garden Center" means land and buildings where the wholesale or retail sale of nursery stock and garden supplies take place. Such nursery stock and supplies may include any of the following: ornamental plants, flowers, shrubs and trees cultivated in a nursery; seed, fertilizer, garden pesticides and herbicides in retail quantities and packaging; garden hand tools; plant containers; garden statuary and furniture; landscape lighting; bird feeders and supplies; and seasonal ornaments and novelties such as Christmas wreaths and decorations. Such use may include the provision of landscape design and or installation services, provided that such services are ancillary to the principal use and offered to clients whose residence or place of business exists elsewhere.
(88) "Garage Sale" means the sale of personal property owned or maintained by occupants of the premises in, at, or upon any residentially zoned or residentially occupied property. Garage sales shall include, but not be limited to, any yard sale, multi-family sale, home sale, patio sale, or any other sale similarly conducted on any residentially zoned or residentially occupied property.
(89) "Gas Station" means buildings and premises for the supply and retail dispensing of motor fuels and may include incidental sales of prepackaged food and drink. Accessory uses may include minor servicing and repair of automobiles, sale of lubricants, batteries, tires, motor vehicle accessories, and hand or machine washing in a single bay auto wash.
(90) "Gas Station, Large" means a gas station as defined in this code exceeding any of the following criteria: four fuel pump islands, a total of eight fuel pumps, or a gas station combined with a convenience store.
(91) "Governing Body" means the Council of the City of Dunbar.
(92) "Governmental Operations" includes emergency services, municipal buildings, and post offices.
(93) "Greenhouse, Noncommercial" means a structure consisting primarily of glass, clear plastic, or other light transmitting material in which temperature and humidity can be controlled for the cultivation or protection of plants or seedlings, and does not exceed two hundred and fifty (250) square feet.
(94) "Greenhouse, Commercial" means a building used for the growing of plants, all or part of which are sold at retail or wholesale.
(95) "Group Residential Facility" means a facility which is owned, leased, or operated by a behavioral health service provider and which: (1) provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled; (2) is occupied as a residence by not more than eight (8) individuals who are developmentally disabled and not more than three (3) supervisors or is occupied as a residence by not more than twelve (12) individuals who are behaviorally disabled and not more than three supervisors; (3) is licensed by the Department of Health and Human Resources; and (4) complies with the State Fire Commission for residential facilities.
(96) "Group Residential Home" means a building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence and complying with all applicable requirements of the state of West Virginia, including any state licensing requirements.
(97) "Halfway House" means 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.
(98) “Health Club" means any establishment including, but not limited to, an athletic club, exercise center, health spa, figure salon, gymnasium, physical fitness center, or any other establishment by any other name that provides exercise equipment and one or more of the following: steam cabinet, steam room, sauna, vapor room, vapor cabinet, toilet facilities, lavatories, showers, lockers, and dressing rooms intended for patron use, excluding facilities used by or under direct supervision and control of licensed medical personnel located in a medical facility, facilities located in athletic departments of schools, and facilities of professional athletic teams. Accessory uses within the facility may include massage therapy, aerobics, and physical fitness services (aerobic and strength training activities, group exercise classes, fitness assessment and counseling, and education seminars).
(99) "Holiday Displays" means displays erected on a seasonal basis in observance of religious, national, or state holidays which are not intended to be permanent in nature and which contain no advertising material.
(100) "Home-based Occupation, Low Impact" means an accessory use intended to allow businesses that generate limited quantities of customer visitation or merchandise deliveries to operate such business from a residence.
(101) "Home-Based Business, No-Impact" means an accessory use intended to allow businesses that rely solely on electronic or off-premise transactions to perform such operations from a residence. The use involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions, to or from the premises, in excess of those normally associated with residential use.
(102) "Hospital" means an establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment, including sanitaria, and shall be limited to the treatment or other care of humans.
(103) "Hotel/Motel" means a building or group of buildings in which lodging is provided and offered for compensation. The building may also include dining rooms, kitchens, serving rooms, ballrooms, and other facilities and services intended primarily for the accommodation of its patrons.
(104) "Illuminated Sign" means a sign that is backlit, internally lighted, or indirectly lighted, but does not include a neon sign.
(105) "Incinerator" means an enclosed device using controlled combustion for the primary purpose of thermally breaking down solid waste, and that is equipped with a flue for the sole purpose of providing incineration service to the public.
(106) "Industrial Park" means an area of land arranged or constructed in accordance with a plan for a group of industrial purposes, having separate building sites designed and arranged on streets and having utility services, setbacks, side yards, and covenants or other such regulations controlling or restricting uses.
(107) "Junk" means any worn, cast off, or discarded article or material which is ready for destruction or which has been collected or stored for sale, resale, salvage, or conversion to some other use.
(108) "Junk Yard" means 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.
(109) "Kennel" means any establishment wherein cats and dogs are kept or boarded. Business may be conducted in conjunction with a dog day care. Such kennel must follow the registration process set forth in the West Virginia Code.
(110) "Laboratory" means a place where scientific studies are conducted, including testing, research, or analysis of medical, chemical, physical, biological, mechanical, or electronic nature.
(111) "Landscaping" means 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.
(112) "Laundromat" means a commercial establishment where self-service washing machines and clothes dryers are available for public use on the premises to wash or dry clothing, apparel, or other fabric.
(113) "Library" means any premises, building, or part of a building where books, films, maps and other educational materials are kept for reading, reference, and lending by the public.
(114) "Liquor Store" means an establishment operated under the authority of the West Virginia Code, Chapter 60, Article 3A primarily engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine, and whiskey, for off-premises consumption.
(115) "Loading Space" means a space or berth available for the loading and unloading of goods from commercial vehicles.
(116) "Lot" means a designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.
(117) "Lot Area" means the total area within the lot lines of a lot, excluding any public rights-of-way.
(118) "Lot, Corner" means a lot at the junction of and abutting two (2) or more intersecting streets, where the interior angle of intersection is less than one hundred and thirty-five (135) degrees. A lot abutting a curved street or streets shall be considered a corner lot if the tangents to the curve at the points of intersection of the lot lines with the street intersect at an interior angle of less than one hundred and thirty-five (135) degrees.
(119) "Lot Coverage" means the total area covered, measured from the outside of the exterior walls, by all principal and accessory buildings on a lot, but not including open porches, decks, balconies, and similar features not covered by a roof.
(120) "Lot, Flag" means 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 to be used in computing the minimum required lot area or delineating the minimum required building envelope.
(121) "Lot, Interior" means a lot where the side property lines do not abut a street.
(122) "Lot Line" means property boundary line of any lot that divides one lot from another or from a street or any other public or private space.
A. "Front Lot Line" means the dividing line between the street and the lot. The street lot line shall be the same as the legal right-of-way; where a future right-of-way width for a road or street has been established, that width shall determine the location of the street lot line.
B. "Rear Lot Line" means any lot line which is parallel to or within forty-five (45) degrees of being parallel to a street lot line, except for a lot line that is itself a street lot line, in which case, the Zoning Officer determines which of the two lot lines are not considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line farthest from any street shall be considered a rear lot line. Where there is only one lot line other than street lot lines, it shall be considered the rear lot line.
C. "Side Lot Line" means any lot boundary line that is not a street lot line or a rear lot line. In the case of a triangular lot, those lot lines other than the street lot line shall be considered side lot lines.
(123) "Lot Measurements" means the following:
A. “Lot Depth" means the mean distance from the right-of-way line of the lot to its opposite rear line measured in a direction parallel to the side lot lines. Lot depth for triangular lots shall be the mean distance from the street line to the point of intersection of the side yards.
B. "Lot, Minimum Width" means the minimum lot width at the building setback line.
C. "Lot Width" means the distance measured between side lot lines, at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot lines or street line.
(124) "Lot, Through" means an interior lot in which the front lot line and rear lot line abut upon streets. Where a single lot under individual ownership extends from a street to a street, the widest street shall be deemed the street upon which the property fronts.
(125) "Lumber Yard" means the principal use of land and structures involving the loading and unloading, storage, and sales of lumber and millwork materials.
(126) "Manufacturing (Heavy)" means 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.
(127) "Manufacturing (Light)" means the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans, and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust, or pollutants.
(128) "Medical Adult Day Care Center" means an ambulatory healthcare facility which provides an organized day program of therapeutic, social, and health maintenance and restorative services and whose general goal is to provide an alternative to twenty-four (24) hour, long-term institutional care to elderly or disabled adults who are in need of such services by virtue of physical or mental impairment.
(129) "Municipal Building" means any building, structure, or lot used by the City, a municipal-related use, or a municipal authority or commission created by the City. These uses shall include an administrative facility, firehouse, or emergency medical service facility.
(130) "Night Club" means an establishment for evening entertainment, generally open until the early morning that serves liquor and usually food and offers patrons music, comedy acts, a floor show, or dancing. Adult businesses are not be considered nightclubs.
(131) "Nonconforming Building or Structure" means a building, structure or part thereof manifestly not designed to comply with the applicable use or extent of use provisions in this code or amendments heretofore or hereafter enacted, where such building or structure lawfully existed prior to the enactment of such ordinance or amendment, or prior to the application of this code or amendments to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
(132) "Nonconforming Lot" means 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.
(133) "Nonconforming Sign" means a sign which was lawfully erected in compliance with applicable regulations of the City and maintained prior to the effective date of this code and which fails to conform to current standards and restrictions of this code, and signs which are accessory to a nonconforming use.
(134) "Nonconforming Use" means a use, whether of land or of structure, which does not comply with the applicable use provisions in this code or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
(135) "Nonintoxicating Beer" means all natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale, and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers, with no caffeine infusion or any additives masking or altering the alcohol effect containing at least one half of one percent (0.5%) alcohol by volume, but not more than nine and six-tenths (9.6) of alcohol by weight, or twelve percent (12%) by volume, whichever is greater.
(136) "Nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, cleavage with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.
(137) "Office Supply Services or Establishment" means a place of business where stationary and other supplies typically used in offices are the main items offered for sale.
(138) "Open Space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
(139) "Opioid Treatment Services" means treatment or services provided by an opioid treatment program that uses opioid treatment medications as part of its treatment modality. Opioid treatment services as defined in this code are only provided through intensive outpatient settings. Treatment may include medical maintenance, medically supervised withdrawal and detoxification, various levels of medical, psychosocial, and other types of care, detoxification treatment, short-term detoxification treatment, long term detoxification treatment and maintenance treatment.
(140) “Parcel Delivery Facility" means an establishment engaged in the delivery, receipt, and transmittal of documents, packages, and parcels.
(141) "Park" means a parcel of ground along with its buildings and fixtures intended primarily for beautification and aesthetic improvement and designated as recreational land.
(142) "Parking Lot" means an area utilized to meet the parking requirements of this code, including the parking aisles that provide access to the parking spaces, but not including any streets or driveways that provide access to the parking lot.
(143) “Parking Structure" means a building with multiple stories of off-street parking spaces where vehicles are temporarily stored with or without a nominal fee, in association with occupational, retail, entertainment, recreational, municipal, educational, or residential use(s).
(144) "Patio" means an area consisting of natural or man-made material constructed at or near grade level, intended for use as an outdoor living area, and not enclosed by a permanent roof or awning.
(145) "Pawn Shop" means 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.
(146) "Pennant" means a geometric shaped flag made of flexible materials, suspended from one or two (2) corners fastened to a string, which is secured or tethered so as to allow movement and used as an attention-getting form of media.
(147) "Permit" means a document issued by the governing body authorizing an applicant to undertake certain activities.
(148) "Permitted Use" means any use allowed within a zoning district, subject to the restrictions applicable to that zoning district; not a conditional use.
(149) "Personal Service" means a business providing services to a person, their apparel, or personal effects commonly carried on or about their person, including, but not limited to, shoe repair, tailoring, watch repair, beauty shops, barber shops, tanning and nail salons, and similar businesses.
(150) "Pet Shop" means an establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public.
(151) "Pharmacy" means a retail store which primarily sells prescription drugs, patient medicines, and surgical and sickroom supplies.
(152) "Photographic Studio" means a retail establishment for the purpose of photographing subjects and processing photographs for commercial purposes, but not including photography requiring professional models.
(153) "Place of Worship/Religious Institution" means a church, synagogue, temple, mosque, or other building used exclusively for public religious worship, including customary, incidental, educational, and social activities in conjunction therewith.
(154) "Planning Commission" means the planning commission of the City of Dunbar.
(155) "Porch" means 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.
(156) "Post Office" means a building or structure used and maintained by the Postal Service of the United States of America for the purpose of collecting or distributing mail to the public.
(157) "Private Club" means any establishment, other than an outdoor recreation facility, operated by a private organization for recreational, educational, fraternal, or social purposes, but only open to members and their guests and not to the general public.
(158) "Professional Services" means any office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents, and others who are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions and personal services.
(159) "Public Area" means any public place, public right-of-way, parking area, or navigable body of water.
(160) "Public Art" means items expressing creative skill or imagination in a visual form, such as painting or sculpture, which are intended to beautify or provide aesthetic influences to public areas or areas which are visible from the public realm.
(161) "Public Place" means any lots, tracts, or parcels of land, structures, buildings, or parts thereof owned or leased by a governing body or unit of government.
(162) "Recreation, Commercial Indoor" means indoor facilities for leisure-time activities, including facilities open to the public and those requiring membership; including, but not limited to, such establishments as bowling alleys, ice rinks, sportsman's clubs, billiard and pool halls, video and other coin-operated electronic games, trampolines, ball pits, indoor skating facilities, and similar recreational diversions.
(163) "Recreation, Commercial Outdoor" means outdoor facilities for leisure-time activities, including outdoor facilities open to the public and those requiring membership; including, but not limited to, swimming pools, miniature golf, golf practice facilities, tennis courts, riding stables, rifle range, archery range, playing fields, golf courses, docks, and similar recreational diversions.
(164) “Recreation, Municipal" means developed or undeveloped open spaces or structures and facilities which are provided by a governmental body for public use for the purposes of play, amusement, or relaxation. Such uses may include, but are not limited to, sports facilities, parks, swimming pools, assembly buildings, passive areas, gardens, docks, and related amenities.
(165) "Recreational Vehicle" means any travel trailer or other vehicular portable structure designed to be used for temporary occupancy for travel or recreational use and licensed, registered, and inspected in accordance with all applicable local, state, and federal law. For example, any motor home, any "tiny home" on a mobile chassis or trailer, truck slide-in camper, fifth wheel trailer, tent trailer, animal trailer, trailer used for transporting recreational vehicles, any type of 3- or 4-wheeled sport racing vehicle, boat, boat trailer, raft, aircraft, dune buggy, snowmobile, jet ski, all-terrain vehicle, and vehicle dolly are included.
(166) "Recycling Facility" means a facility that accepts recyclable material from the public by donation, redemption, or purchase and separates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to, virgin raw materials. The term does not include transfer facilities, municipal waste landfills, composting facilities, or resource recovery facilities.
(167) "Research and Development" means a structure or complex of structures designed or used primarily for research and development functions related to industry and similar fields.
(168) "Restaurant, Carry-Out" means an establishment whose principal business is the sale of food, desserts, or beverages to the customer in a ready to consume state, in edible or disposable containers, which is primarily consumed off the premises.
(169) "Restaurant, Fast-Food" means a restaurant where most customers order and are served their food at a counter or in an automobile 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.
(170) "Restaurant, Sit Down" means 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 percent (60%) of the gross sales receipts.
(171) "Retail Store" means a business having as its primary function the supply of merchandise or wares to the end consumer. Sales constitute the "primary function" of the business when equal to at least eighty percent (80%) of the gross sales of the business. Retail stores are divided into three (3) classes:
A. Retail Store/Shop <7,000 square feet of gross floor area.
B. Retail Store/Shop 7,000 to 25,000 square feet gross floor area.
C. Retail Store/Shop >25,000 square feet of gross floor area.
(172) “Right-of-Way" means a strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, trail, waterline, sanitary sewer, or other public utilities or facilities.
(173) "Roadside Stand" means a stand offering for sale agricultural products grown on the premises.
(174) "Roadside Vendor Stand" means stands, trailers, truck beds or similar facilities offering agricultural products for sale which are not produced on the immediate premises.
(175) "School, Commercial" means a school establishment to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to schools that are owned and operated privately for profit.
(176) "School, Pre-school to Twelve (12)" means a public or private school offering educational instruction in grades pre-kindergarten through twelve (12), licensed by the West Virginia Department of Education.
(177) "Screen Planting" means a landscaped barrier of sufficient height and density as to obstruct casual observation.
(178) "Self-Storage Facility" means an establishment that rents storage space for personal use by the renter and where no materials of hazardous nature (toxins, highly flammable, etc.) are stored. The warehousing of wholesale or retail materials or products shall not be permitted.
(179) "Senior Independent Housing" means a single family or multi-family development intended, operated, and designed to accommodate residents fifty-five (55) years of age or older. Senior independent housing communities are designed for seniors who are able to live independently or need assistance with daily care. Senior independent housing can also include continuing care facilities.
(180) "Setback" means the minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
A. "Front Setback" is measured as the shortest distance between the street front lot line and the building setback line.
B. "Rear Setback" is measured as the shortest distance between the rear lot line and the building setback line.
C. "Side Setback" is measured as the shortest distance between the side lot line and the building setback line.
(181) "Sewage Treatment Facility" means a place or premises, including buildings, where sewage or other solid or liquid wastes are treated or screened before discharge.
(182) "Shopping Center" means a commercial facility of a single lot with common parking facilities that uses or leases separate areas of space to retail or service-oriented businesses.
(183) "Sign" means any device (writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant, or any other device, figure or character, or delineation) with the essential purpose to communicate, designed to communicate, or where context results in communication, and such communication is aimed at persons in a public right-of-way.
A. "A-Frame Sign" means a two-faced sign with supports that are connected at the top and separated at the base with an internal angle between the two (2) faces of no more than a forty-five (45) degree angle, forming an "A" shape not more than four (4) feet high. These are also referred to as "sandwich board" signs.
B. "Animated Sign" means a sign or part of a sign that is designed to rotate, move, or appear to rotate or move. Such a sign is sometimes referred to as a "moving sign." Animated signs include signs with moving graphic features such as scrolling text or images that appear to move; moving sign change features such as fly-in, wipe-off, fading, dissolving, traveling, or expanding displays or any other full message sign change taking longer than three-tenths (0.3) seconds; and static electronic message displays displayed less than seven (7) seconds.
C. "Awning Sign" or "Canopy sign" means a sign placed directly on the surface of an awning or to a canopy, which is a roof-like structure either projecting from a building façade and open on three sides, or standing alone and open on four sides, and used for the purpose of protecting pedestrians and motorists from weather related elements..
i. "Banner" means a temporary sign of flexible material affixed to a framework or flat surface. Banners are not flags for purposes of this ordinance.
ii. "Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
D. "Chalkboard Sign" means a single-faced, framed slate, or chalk-board that can be written on with chalk or similar markers.
E. "Changeable Copy Sign" means a sign or part of a sign that is designed so that characters, letters or illustrations can be manually or physically changed or rearranged without altering the face or surface of the sign.
F. "Electronic message display" means a sign that is either light emitting or light reflective and that is capable of changing the displayed message through electronic programming. Electronic message displays are divided into four categories:
i. "Static electronic message display" means an electronic message display that is not an animated sign.
ii. "Static electronic message display with transition features" means an electronic message display that remains static except for no more than a two (2) second transition feature such as fading, dissolving or a single instance of fly-in, wipe-off, expansion, or traveling that occurs no more often than every seven (7) seconds.
iii. "Electronic message display, partially animated" means an electronic message display with animated or moving text or graphics.
iv. "Electronic message display, fully animated" means an electronic message display with full animation features.
G. "Feather Sign/Feather Flag/Teardrop Flag/Wind Flag" means a lightweight, portable flag made of cloth, plastic, or similar material mounted along one edge on a single, vertical, flexible pole, the physical structure of which may resemble a sail, bow, or teardrop.
H. "Flashing Sign" means a sign that includes lights that flash, blink, or turn on and off intermittently, or otherwise vary light intensity during the display of a message.
I. "Freestanding Sign" or "Ground-mounted Sign" or "Pole Sign" means any non-portable sign supported by a fence, retaining wall, or by pole, upright structural members, or braces on or in the ground and not attached to a building.
J. "Illegal sign" means any sign erected without obtaining a required permit or which otherwise does not comply with any provision of this code.
K. "Inflatable/tethered signs" are signs which are filled with air or gaseous substance to convey a message or to draw attention to a message or location.
L. "Marquee Sign" means a sign attached to and made a part of a marquee or any similar projections from a building, with changeable, fixed, or both types of lettering in use.
M. "Minor Sign" means a wall or freestanding sign not exceeding one (1) square foot in area, not exceeding four (4) feet in height or length, and not illuminated.
N. "Monument Sign" means a sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another; not a pole sign. Monument signs may contain changeable copy components.
O. "Neon Sign" means a sign containing exposed tubes filled with light-emitting gas.
P. "Off-premises sign" means a sign not accessory to or associated with the principal use or accessory uses on a lot, or a sign that is the principal use of the lot.
Q. "Person assisted sign" means a sign that includes an individual who holds, moves, wears, or otherwise directs attention to a commercial sign.
R. "Projecting Sign" means a sign attached to and projecting more than twelve (12) inches from the face of a wall or building, but does not project above the parapet or eave line of the building and is a minimum of eight (8) feet above any walking surface.
S. "Roof sign" means a sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.
T. "Temporary Sign" means any sign intended to be displayed for a limited period of time not to exceed thirty (30) days per year, subject to the supplemental provisions of this code.
U. "Vehicle or Trailer Sign" means any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service, or activity and it fails to display current license plates, inspection sticker, or municipal decal; if the vehicle is inoperable; if evidence of paid-to-date local taxes cannot be made available; or if the sign alters the standard design of such vehicle or trailer.
V. "Wall Sign" means any sign, inscription, artwork, figure, marking, or design that is attached, painted, drawn, marked, etched, or scratched onto a wall or against a flat vertical exterior surface of a structure, including portions of doors that do not contain windows.
W. "Wicket Sign" means a sign with an H- or U-shaped frame that is put into the ground or placed above the ground.
X. "Window Sign" means any sign visible outside the window and attached to or within eighteen (18) inches in front of or behind the surface of a window or door, including portions of doors that contain windows.
(184) “Sign Face" means the portion of a sign structure bearing the message.
(185) "Sign Height" means the maximum vertical distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction; or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating primarily for the purpose of mounting or elevating the sign.
(186) "Sign Structure" means any structure bearing a sign face.
(187) "Solar Energy System" means an energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy or heating requirements of the on-site user, or which is to be sold to a utility company to be used by others, or sold directly to other users. A Solar Energy System may be ground mounted (i.e., placed on top of the ground surface) or roof-mounted (i.e., placed on or as an integral part of a building).
A. "Small solar energy system" is a solar energy system installed for personal use in residences, commercial properties, and institutions.
B. "Large solar energy system" is a solar energy system installed on large parcels of land for the purpose of generating revenue, or utility-scale systems installed to benefit the community or an entire institution.
(188) "Special Flood Hazard Area" means the area that will be inundated by the flood event having a one percent (1%) chance of being equaled or exceeded in any given year. The one percent (1%) annual chance flood is also referred to as the base flood or 100-year flood.
(189) "Sports Arena" means a central stage, ring, area, or similar structure, used for sports and surrounded by seats for spectators.
(190) "Story" means the portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling above it.
(191) "Story, Half" means a story under a gabled, hipped, or gambrel roof, the wall plates of which are not more than two (2) feet above the finished floor of such story on at least two (2) opposite exterior walls.
(192) "Street" means streets, avenues, boulevards, highways, roads, lanes, alleys, and all public ways.
(193) "Structure" means anything constructed, erected, or situated by man that requires location on the ground or attachment to something having location on the ground; but not including vehicles, recreational vehicles, campers, tents less than thirty-six (36) square feet in gross floor area, retaining walls, fences not over eight (8) feet in height, yard and play equipment, utility lines and underground facilities.
A. Accessory Structure - A detached structure customarily incidental and subordinate to the principal structure and located on the same lot.
B. Principal Structure - The structure or portion thereof housing the main use of the land.
C. Temporary Structure - Any structure which is erected to be in place for not more than twelve (12) months, including but not limited to tents, air-supported structures, portable bandstands, reviewing stands, bleachers, mobile office units, construction sheds, sales offices for lots or dwellings, or other structures of a similar character.
(194) "Studio, Dancing, Music, or Art" means a facility used for the rehearsal or performance of performing arts, such as music, dance or theatre; teaching classes in creative arts, such as painting, drawing, sculpting, potting, or beading, or otherwise creating art; or for the display or sale of art in general or during special events. Food and alcoholic beverages may be served and fees charged as accessory uses during special events.
(195) "Swimming Pool" means any body of water (excluding natural bodies of water fed by rivers, streams, or brooks) or receptacle for water intended to be used for swimming and constructed, installed, or maintained in or on the ground outside any building.
(196) "Tattoo/Piercing Parlor" means an establishment whose principal business activity is the practice of placing 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. The establishment also includes the creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
(197) "Tavern/Drinking Establishment" means an establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises and which may offer food for consumption on premises as an accessory use. This term also includes bar.
(198) "Telecommunications, Class I" means facilities that include but are not limited to such facilities as television antennas, ham radio antennas, am/fm reception; excludes facilities utilized for cell phone reception.
(199) "Telecommunications, Class II" means facilities that 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 code.
(200) "Telecommunications, Class III" means facilities that include but are not limited to such facilities as antennae and associated electronic equipment that are supported by or attached to a new telecommunications tower, as defined herein, and designed expressly for use by cell phone companies, as regulated under the Federal Telecommunications Act of 1996.
(201) "Theater" means a building or part of a building devoted to the showing of movies, musical performances, dance, or theatrical productions, usually on a paid admission basis.
(202) "Truck Terminal" means a facility where trucks load and unload goods, products, cargo, or other materials to be broken down or aggregated in different size loads and reshipped to other destinations.
(203) "Unit of Government" means any federal, state, regional, county, or municipal government or governmental agency.
(204) "Use" means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on in a building or other structure on a tract of land.
(205) "Variance" means a deviation from the minimum standards of this code that does not involve permitting land uses otherwise prohibited in the zoning district or changing the zoning classifications of a parcel of land.
(206) "Vehicle" means any device in, upon or by which any person or property is or may be transported or drawn upon a street, excepting tractors, agricultural machinery, devices moved by human power or used upon stationary rails or tracks.
(207) "Vehicle Sales, Rental, and Service" means the rental, sales, and service of automobiles, motorcycles, and trucks.
(208) "Video Lottery Retailer, Limited" means a person who holds either a valid license issued under the West Virginia Code, to operate a private club, or who holds a valid license issued under the West Virginia Code, to operate a business where non-intoxicating beer is sold for consumption on the premises, or who holds both licenses, and the person also holds a valid, limited video lottery retailer's license.
(209) "Warehouse" means a structure primarily used for the storage of goods and materials.
(210) "Wholesale Establishment" means an establishment primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling to, such individuals or companies.
(211) "Winery" means an establishment where wine is manufactured or in any way prepared.
(212) "Yard" means an open space at grade between the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
A. "Yard, Front" means a space extending the full width of the lot between the architectural front of a building and the front lot line or the fronting street right-of-way measured perpendicular to the building at the closest point to the front lot line.
B. "Yard, Rear" means a space extending across the full width of the lot between the architectural rear of the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. Rear yards extend from the back of a building to a property line.
C. "Yard, Required" means the open space between a lot line and the yard line and the façade of a building within which no structure may be located except as permitted by this code.
D. "Yard, Side" means a space extending from the front yard to the rear yard between the principal building façade and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building façade.
(213) "Zoning" means the division of a municipality or county into districts or zones that specify permitted and conditional uses and development standards for real property within the districts or zones.
(214) "Zoning Officer" means that person appointed by the governing body and who has any other authority this code may confer upon him or her to administer this code and to issue zoning permits. (Ord. 785. Passed 9-16-19.)