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Oak Hill City Zoning Code

15.04 Definitions


Cross References -
Statutory definitions - see W. Va. Code 8A-1-2; General definitions - see OHMC 1.02.020.

15.04.010 Terms

For the purpose of OHMC 15, the following words and phrases shall have the meaning respectively prescribed to them by this section. The present tense shall include the future, the singular number shall include the plural and the plural the singular. "Shall" is always mandatory. If not defined herein, or within other parts, articles, or sections of this code, terms used in OHMC 15 shall have the meanings provided in any standard dictionary, American Planning Association publication, or at the discretion of the Planning Commission.

  1. Abandoned Motor Vehicle: Any motor vehicle, or major part thereof, which is inoperative and which has remained on public or private property for any period of time over five days, other than in an enclosed building or in a licensed salvage yard or at business establishment of a demolisher, or any motor vehicle, or major part thereof, which has remained illegally on public or private property for any period of time over five days, or any motor vehicle, or major part thereof which has remained on private property without consent of the owner or person in control of the property for any period of time over three days, or any motor vehicle, or major part thereof, which is unattended, discarded, deserted and unlicensed and is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.
  2. Abandonment: The relinquishment of property or a cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the nonconforming use of the property for a period of one year.
  3. ABC Sales: The sale of alcoholic beverages permitted by the City and State of West Virginia Alcohol Beverage Control Administration.
  4. Abutting. Having a common border with, or being separated from such a common border, including diagonally, by a right-of-way, alley, or easement.
  5. Accessory Structure. See Structure, Accessory. The use of an accessory structure must be accessory to the use of the principal structure.
  6. Accessory Use. See Use, Accessory.
  7. Adaptive Reuse of Nonresidential Structures. The process of reusing an existing building for a purpose other than that for which it was built or designed.
  8. Addition. Any increase in the gross floor area of a structure or use, including those in which the building footprint is not enlarged.
  9. Addiction Treatment Center. A facility that provides inpatient and/or outpatient treatments, to include counseling and consulting, for people with addictions
  10. Adult Bookstore. An establishment having more than ten square feet of floor area devoted to stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined in this title, or an establishment with a segment or section devoted to the sale or display of such material. See also Sexually Oriented Business.
  11. Adult Business. Adult business shall mean an adult book store, adult videotape store, adult motion picture theater, or adult entertainment establishment. See also Sexually Oriented Business.
  12. Adult Entertainment. An establishment used for presenting persons depicting, showing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas, as defined in this title. See also Sexually Oriented Business.
  13. Adult Motion Picture Theater. An establishment used for presenting motion picture material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined in this title, for observation by patrons thereto. See also Sexually Oriented Business.
  14. Adult Video Store. An establishment having more than ten square feet of floor area devoted to its stock in trade, videotapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined in this title, or an establishment with a segment or section devoted to the sale or display of such material. See also Sexually Oriented Business.
  15. Adverse Impact. A negative consequence for the physical, social, or economic environment resulting from an action or project.
  16. Aerial Tramway. An aerial lift which uses one or two stationary ropes for support while a third moving rope provides propulsion.
  17. Agriculture. Farming, including plowing, tillage, cropping, seeding, animal and poultry husbandry, cultivating, or harvesting for the production of food and fiber products (except commercial logging and timber harvesting).
  18. Agriculture, Urban (Urban Agriculture). An umbrella term that describes a range of food growing practices not including the keeping of poultry/fowl or other livestock.
  19. Alcoholic Beverage. Shall include alcohol, beer, nonintoxicating beer, wine, and spirits and any liquid or solid capable of being used as a beverage.
  20. Alcoholic Beverage Sales for Off-premise Consumption. An establishment engaged in the retail sale of packaged alcoholic beverages solely for off-premises consumption in addition to other retail sales. Uses include but are not limited to: drugstores, gas stations, convenience stores, and grocery stores. See also ABC Sales.
  21. Alley. A right-of-way dedicated to public use, other than a street, road, crosswalk, or easement, designed to provide a secondary means of access for the special accommodation of the property it reaches. An alley shall not be considered adequate as the sole access for a parcel of land and has a width of twenty feet or less.
  22. Alteration, Incidental. A change or replacement in the parts of a building or other structure, such as:
    1. Alteration of interior partitions to improve a nonconforming residential building, provided no additional dwelling units are created thereby.
    2. Alteration of interior partitions in all other types of buildings or structures.
    3. A minor addition on the exterior of a residential building to provide an uncovered porch or patio.
    4. Making windows or doors in exterior walls.
    5. Strengthening the load bearing capacity in not more than ten percent of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.
    6. Replacement of, or minor changes in the capacity of, utility pipes, ducts, or conduits.
  23. Alteration, Structural. A change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or exterior walls.
  24. Amendment. Any repeal, modification, or addition to a regulation; any new regulation; any change in the numbers, shape, boundary, or area of a district; or any repeal or abolition of any map, part thereof, or addition thereto.
  25. Amphitheater. An open-air structure devoted primarily to the showing of theatrical or musical productions, with the provision of seating areas for patrons. These uses frequently include refreshment stands, as accessory uses.
  26. Animal Grooming Service. Any place or establishment whose primary service offered is to be a place where house pets, livestock, horses, or other animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health, and for which a fee is charged.
  27. Animal Hospital/Clinic. A use or structure intended or used primarily for the testing and treatment of animals on an emergency or outpatient basis. This use shall not include the boarding or training of animals, except for medical purposes and shall not provide outdoor runs or kennels. Synonymous with veterinary hospital.
  28. Animal Husbandry. See Farm or Livestock or Poultry, Keeping of.
  29. Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.
  30. Apartment. One or more rooms in a building designed and intended for occupancy as a separate dwelling unit. See Dwelling, Multi-family.
  31. Apiary (Bee Keeping). The keeping or propagation of honeybee colonies for collection of honey or other bee products.
  32. Aquaponics. The cultivation of fish and plants together in a constructed, re-circulating ecosystem utilizing natural bacterial cycles to convert fish waste to plant nutrients.
  33. Architectural Decoration. An element, design, or motif, other than an architectural feature, installed, attached, painted or applied to the exterior of a building or structure for the purpose of ornamentation or artistic expression.
  34. Architectural Features. Cornices, eaves, gutter, belt courses, sills, lintels, bay windows, and chimneys.
  35. Area, Land. When referring to the required area per dwelling unit, means net land area, the area exclusive of street and other public space.
  36. Area, Total Floor. The area of all floors of a building including finished attics, finished basements and covered porches.
  37. Art Gallery. An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art. This clarification does not include libraries, museums, or non-commercial art galleries.
  38. Art, Public. Any visual work of art, accessible to public view, on public or private property within the city neighborhood environs including residential, business, industrial building, or apartment complexes, parks, etc. The work of art may include but need not be limited to sculptures, murals, monuments, frescoes, fountains, paintings, stained glass or ceramics; and which does not include any commercial speech or advertising copy that would classify the work as a sign.
  39. Assembly Hall. A facility or part of a building used for the assembly of people for receptions, weddings, parties and similar uses.
  40. Assisted Living Facility. A facility that provides primarily non-medical resident services to seven or more persons in need of personal assistance essential for sustaining the activities of daily living, or for the protection of the person, excluding members of the resident family or person employed as facility staff, on a 24-hour a day basis.
  41. Association (Charitable, Fraternal, or Social). A facility for administrative, meeting, or social purposes for a private or nonprofit organization, primarily for use by administrative personnel, members and guests. Examples include, but are not limited to: Lions Club, Veterans of Foreign Wars, etc.
  42. Athletic Field. See Recreational/Sports Facility.
  43. Attention-Attracting Device. Any device or object visible from any public right-of-way which is primarily designed to attract the attention of the public to a business, institution, sign or activity through such means, including but not limited to illumination, color, size or location. Attention-attracting devices or objects oftentimes incorporate illumination, which may be stationary, moving, turning, blinking (including animation) or flashing. Attention-attracting devices may or may not convey a message and can include, but are not limited to, search lights, beacons, strobe lights, strings of lights, barber poles, internally illuminated translucent canopies or panels, electronically controlled message boards (time/temperature signs, gas price signs, public service announcements, etc.), banners, streamers, pennants, propellers and inflatable objects (including strings of balloons) or other device designed to attract attention. Approved traffic-control devices are not considered to be attention-attracting devices.
  44. Auction. The act of or location at which goods or property are sold to the highest bidder.
  45. Automated Teller Machine. An automated device that performs banking or financial functions at a location remote from the controlling financial institution. Such devices are considered to be accessory uses in business zones.
  46. Automobile Laundry. An establishment for the washing, cleaning, or polishing of motor vehicles as a principal use.
  47. Automobile Renting or Leasing Establishment. Establishments involved in renting or leasing passenger cars, noncommercial trucks, motor homes or recreational vehicles, including incidental parking and minor servicing of vehicles available for rent.
  48. Automobile Retail Sales Establishment. Establishments involved in the retail sale of new and used automobiles, noncommercial trucks, motor homes or recreational vehicles, including incidental storage, maintenance and servicing.
  49. Automobile Wrecker Service. A service for towing wrecked, illegally parked, or disabled automobiles or freeing automobiles stalled in snow or mud.
  50. Automotive Body and Paint Shop. An establishment primarily engaged in automotive painting and refinishing.
  51. Automotive Parts, Supplies or Accessories Establishment. An establishment primarily engaged in the retail sale of automotive parts, supplies and accessories.
  52. Automotive Repair Establishment. Any building, structure or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, watercraft repairs or similar vehicles, including but not limited to upholstery work, oil change and lubrication, painting, tire service, etc.
  53. Awning. Any non-rigid material, such as fabric or flexible plastic, that extends from the exterior wall of a building and is supported by or attached to a frame.
  54. Bakery, Retail. An establishment primarily engaged in the retail sale of baked products for consumption off site. The products may be prepared either on or off site.
  55. Bakery, Wholesale. An establishment primarily engaged in manufacturing bakery products for sale primarily for home service delivery, or through one or more non-baking retail outlets.
  56. Bar, Nightclub, Private Club, or Tavern. An establishment used primarily (gross revenue from the sale of alcoholic beverages sale are greater than fifty percent of total revenue) for sale or dispensing of alcoholic beverages by the drink for on-site consumption or of beer by growler for off-site consumption, and where food may be available for consumption on the premises as accessory to the principal use. This definition shall not be interpreted as licensing requirements set forth by the ABC Commission.
  57. Basement. The portion of a building having at least one-half its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of 6.5 feet or more.
  58. Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light source; also, any light with one or more beams that rotate or move.
  59. Beauty Salon/Barber Shop. An establishment wherein cosmetology or barbering is practiced on a regular basis for compensation.
  60. Bed and Breakfast Inn (B&B). A dwelling with a permanent resident (person or family) in which, for compensation, lodging of thirty (30) or less consecutive days, containing not more than six (6) guest rooms and for no extra charge, breakfast may be provided to the guests. This use does not include rooming or boarding houses.
  61. Block. Property having frontage on both sides of a street, and lying between the two nearest intersecting or intercepting streets, or nearest intersecting and intercepting street and railroad right-of-way, waterway or other barrier (including an alley between zoned areas).
  62. Boardinghouse and/or Rooming House. A dwelling, other than a hotel, wherein more than four people are sheltered and/or fed for profit.
  63. Book or Stationery Establishment. A retail establishment that engages primarily in the sale of books, magazines, newspapers, stationery, greeting cards and other printed material, excluding any adult bookstore.
  64. Bowling Alley. An establishment that devotes more than 50 percent of its gross floor area to bowling lanes, equipment and play area.
  65. Breezeway. A covered passage, open on at least one side, between two buildings.
  66. Broadcasting Station. A studio used primarily for the production, scheduling, recording, reception and transmission of television or radio programming.
  67. Buffer. A strip of land, fence, or border of trees, etc., between one use and another, which may or may not have trees and shrubs planted for screening purposes, designed to set apart one use area from another. An appropriate buffer may vary depending on uses, districts, size, etc.
  68. Building. Any structure constructed or used for residence, business, industry, or other public or private purposes, or accessory thereto, including tents, lunch wagons, dining cars, mobile homes, billboards, signs and similar structures whether stationary or movable. Synonymous with Structure.
  69. Building Area. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches and not exceeding one story in height, or architectural appurtenances projecting not more than three (3) feet.
  70. Building Envelope. The area formed by the front, side and rear setback lines of a lot within which the principal building must be located.
  71. Building Footprint. The outline of the total area of a lot covered by a building's perimeter. Where a building has a recessed ground floor, the footprint shall be construed to be the outline of the largest perimeter of the building, excluding architectural decorations or features as defined herein.
  72. Building Height. The vertical distance of a building measured from the average grade level at the front line of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between the eaves and the highest point of the roof if the roof is of any other type. Height calculation shall not include chimneys, spires, towers, elevator and mechanical penthouses, water tanks, radio antennas, and similar projections.
  73. Building Line, Front. The line or lines of the face of the principal structure nearest the front lot line(s).
  74. Building Materials Establishment. Establishments involved in selling lumber, and a general line of building materials and supplies, to the general public, which may include roofing, siding, shingles, wallboard, paint, cement, and so forth, including incidental storage.
  75. Building Wall. An exterior load-bearing or non-load-bearing vertical structure, that encompasses the area between the final grade elevation and eaves of the building, and used to enclose the space within the building. A porch, balcony or stoop is part of the building structure and may be considered as a building wall.
  76. Building, Accessory. See Structure, Accessory.
  77. Building, Accessory Use of. A use customarily incidental to the use of a building for dwelling purposes, not occupying more than twenty-five percent (25%) of the total above-ground floor area of the main building thereof and including:
  78. The office or studio of a physician or surgeon, dentist, artist, musician, lawyer, architect, engineer, teacher or other such professional person residing on the premises, provided there is no advertising display visible from the street, other than a small professional nameplate. The above shall not be interpreted to include the office or place of business of a mortician.
  79. Customary home-based businesses such as millinery and dressmaking, provided:
  80. There is no display of goods visible from the street.
  81. There is no exterior advertising, other than an unlighted sign not over two square feet in area.
  82. Such business is conducted in the main building by a person or persons residing therein.
  83. Customary home-based businesses shall not be construed to include those which require the presence of the customer on the premises for the performance of the business or those which require the presence in the home of machinery or equipment normally associated with commercial or industrial activities.
  84. Building, Alteration of. Any change in supporting members of a building except such changes as may be required for its safety, any addition to a building, any change in use from one district classification to another or removal of a building from one location to another. See also Alteration, Structural.
  85. Building, Detached. A building having no structural connection with another building.
  86. Building, Nonconforming. See Structure, Nonconforming.
  87. Building, Principal. A building in which is conducted the main or principal use of the lot on which the building is situated.
  88. Build-To Line. An alignment established a certain distance from the front property line to a line along which the building shall be built.
  89. Bus Garage. A building or structure used for the storage, maintenance and parking of buses.
  90. Bus Shelter. A small, roofed structure, usually having three walls, located near a street and designed primarily for the protection and convenience of bus passengers.
  91. Bus Terminal. A structure or facility where a bus route starts or ends, where vehicles stop, turn or reverse, and wait before departing on their return journeys. It's also where passengers board and alight from vehicles.
  92. Business. Engagement in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.
  93. By-Right. A use permitted or allowed in the district involved, and upon review has been determined to comply with the provisions of these zoning regulations and other applicable ordinances and regulations.
  94. Cabin Rental. See Short-term Lodging Rental.
  95. Cabin, Hunting and Fishing. A structure with accommodations for living and sleeping designed for seasonal occupancy and having a floor area of less than 400 square feet.
  96. Caliper. A horticultural method of measuring the diameter of nursery stock. For trees less than four inches in diameter, the measurement should be taken at six inches above the ground level. For trees greater than four inches in diameter up to and including 12 inches, the caliper measurement must be taken 12 inches above the ground level. For trees greater than 12 inches in diameter, the trunk is measured at breast height, which is 4.5 feet above the ground.
  97. Campground. Any area of land and/or water on which is located cabins, tents, travel trailers, motor homes, or other types of shelter suitable and intended for use in a temporary seasonal manner.
  98. Campus. The grounds and buildings of a public or private college, university, school, hospital or other institution.
  99. Canopy. A permanently roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area, which shelter may be wholly supported by a building or partially supported by columns, poles, or braces extending from the ground. Any roof overhang extending more than three feet from the face of a building shall be considered a canopy.
  100. Canopy Tour. An established route through a wooded and often mountainous landscape making primary use of zip-lines and aerial bridges between platforms built in trees.
  101. Carnival. A special outdoor activity consisting of transient amusement attractions.
  102. Carport. A roofed structure not more than 75 percent enclosed by walls and attached to the main building for the purpose of providing shelter for one or more motor vehicles.
  103. Catering Service Establishment. An establishment that prepares and supplies food to be consumed off-premises.
  104. Cellar. A portion of a building having one-half of its height below the average outside ground level.
  105. Cemetery. A site used for the permanent internment of human remains. It may be a burial park for earth internments, a mausoleum for vault or crypt internments, or a columbarium for cinerary internments.
  106. Centerline of Street or Road. A line midway between and parallel to two street or road property lines or as otherwise defined by the Planning Commission.
  107. Certificate of Compliance. A permit, signed by the Planning Commission or a designated official, setting forth that a building, structure, or use complies with this title and may be used for the purposes stated on the permit.
  108. Change of Occupancy/Use. A discontinuance of permitted use and the substitution of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.
  109. Charitable Institution. A not-for-profit establishment that distributes or facilitates the giving, sale, trade, or donation of goods and services for the relief of economically-distressed persons or families. This use classification includes soup kitchens, regularly staffed drop-off facilities for clothing and household goods, and food banks.
  110. Chemical Storage. See Tank Farm.
  111. Child Care Center. See Family Day Care Facility.
  112. Christmas Tree Sales Establishment. The sale of Christmas trees at a temporary outdoor location lasting generally from mid-November through Christmas Day.
  113. Circus. A special outdoor activity often covered by a tent and used for variety shows usually including feats of physical skill, wild animal acts, and performances by clowns.
  114. Clinic, Dental. A structure designed for the practice of dentistry in which nonresident patients are treated.
  115. Clinic, Medical. A structure designed for the practice of medicine in which nonresident patients are treated.
  116. Clubhouse. A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place. See also Association (Charitable, Fraternal, or Social).
  117. Coin Operated Laundry. An establishment providing washing and drying in machines operated on the premises by the patron.
  118. Columbarium. An accessory structure to a religious institution that is normally a wall, containing one, or more, recesses, or cavities, for the depository of the cremated remains of humans.
  119. Community Center. A public building used for activities that, through proximity to residents, benefit the surrounding neighborhood. Activities permitted include any combination of the following: meeting space for civic groups, clubs, or organizations; spaces for the provision of daycare services; group cultural and/or recreational activities, whether self-directed or organized; space for artisans, crafters, etc., including occasional (not more than one day each week) sale of such merchandise produced on-premises; and educational and/or instructional programs.
  120. Community Garden. A neighborhood-based development with the primary purpose of providing space for members of the community to grow plants for beautification, education, recreation, community distribution, or personal use. Sites managed by public or civic entities, nonprofit organizations or other community-based organizations are responsible for maintenance and operations. Processing and storage of plants or plant products are prohibited on site. Gardening tools and supplies may be stored within an accessory building on the premises.
  121. Composting Operation. A solid waste processing facility specifically designed and operated for the express purpose of composting.
  122. Condominium. A common interest community in which portions of the real estate are designated for separate ownership and the remainder of the real estate is designated for common ownership solely by the owners of those portions. A common interest community is not a condominium unless the undivided interest in the common elements are vested in the unit owners.
  123. Conference Center. A facility used for service organizations, business and professional conferences, and seminars limited to accommodations for conference attendees. The accommodations can include sleeping, eating, and recreation.
  124. Conservation District. A district that has retained an adequate amount of its natural or historic character for interpretation, although some alterations may have occurred.
  125. Construction, Fire Resistant. A type of construction in which the walls, partitions, columns, floor and roof are noncombustible with sufficient fire resistance to withstand the effects of a fire and prevent its spread from story to story.
  126. Contractors' Establishment. An enclosed space used for the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage, but which does not use any exterior storage area.
  127. Convenience Store. See Gasoline Station and Convenience Store.
  128. Cooperative. A multiple-family dwelling owned and maintained by the residents. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
  129. Correctional Institution. Facility for the confinement or safe custody of persons so confined as the result of a legal process and includes attendance centers established for persons sentenced to serve periods of community service.
  130. Court. An unoccupied open space, other than a yard. An outer court is one that extends to the street or to the front or rear yard. An inner court is any other court.
  131. Covenant. A restriction on the use of land set forth in a written document or plat. The restriction runs with the land and is binding upon subsequent owners of the property.
  132. Craft Production Facility (Microbrewery/Microdistillery/Microcidery). A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, on or off-premises, and which possesses the appropriate license from the State of West Virginia. On-premise consumption of alcoholic beverages, not including tasting rooms, shall be conducted as an accessory use that meets the definition of a restaurant unless otherwise directed by the Planning and Zoning Commission.
  133. Crematorium. A stand-alone location containing properly installed, certified apparatus intended for use in the act of cremation. See also Funeral Home.
  134. Dance or Social Club. An establishment that does not sell, serve or allow alcoholic beverages to be consumed on the premises, and where dancing and other social activities occur.
  135. Dancing Instruction or Studio. See Instructional Studio.
  136. Day Care Facility. See Family Day Care Facility, Family Day Care Adult Facility, Family Day Care Home and Family Day Care Adult Home.
  137. Day Spa. An establishment that provides services for the purpose of improving health, beauty, and relaxation through a variety of treatments that are beyond the scope of a beauty salon and does not provide overnight accommodations. See also Health Spa/Club.
  138. Deck. A structure, without a roof, directly adjacent to a principal building, which is elevated at least 6 inches above grade.
  139. Demolition. The destruction or removal of a structure, including but not limited to: the entire structure; the roof; 25% of the structure; one side of the structure; or any portion of the structure's interior that impacts the street-facing elevation's exterior features.
  140. Department Store. A retail store carrying a general line of apparel, home furnishings, floor coverings, major household appliances, and housewares. These and other merchandise lines are normally arranged in separate sections or departments with accounting on departmentalized basis, integrated under a single management.
  141. Development.
  142. Any man-made change to improved or unimproved land, including but not limited to the construction, reconstruction, conversion, structural alteration, relocation, enlargement or use of any structure or parking area.
  143. Any mining, excavation, dredging, filling, grading, drilling or any land disturbance.
  144. Any use or extension of the use of the land.
  145. Development of Significant Impact and Major Development of Significant Impact. Any proposed development whose characteristics warrant a more in-depth review in order to mitigate the negative impact these characteristics may have on surrounding land uses in particular and on the surrounding neighborhood in general. Developments of Significant Impact may include but are not limited to those that have a citywide impact. Such impacts would involve the transportation network, environmental features such as parks or corridor streams, and local schools. Major Developments of Significant Impact may include but are not limited to those that are of such scope and scale that they have an impact on the region in terms of the transportation network, the environment, the schools, etc. Such projects could include, among other things, regional shopping centers, airports and large scale residential developments. Any proposed residential or non-residential development which meets or exceeds any of the following criteria shall be determined to be a Development of Significant or Major Impact and will require a complete development plan to be submitted and reviewed by planning staff, and the Planning Commission or the appropriate agency with site plan review in overlay districts.
  146. Dispensary. A facility operated by a person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit issued by the Bureau of Public Health within the West Virginia Department of Health and Human Resources to dispense medical cannabis.
  147. Distribution Center. An establishment where goods are received and/or stored for delivery to the ultimate consumer at remote locations.
  148. Donation Collection Bin. A receptacle designed with a door, slot, or other opening that is intended to accept and store donated items; provided, however, that the definition of donation collection bins shall not include trailers where personnel are present to accept donations. A donation collection bin can also be an accessory to a charitable institution.
  149. Drainage.
  150. Surface water run-off.
  151. The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
  152. The means for preserving the water supply and the prevention or alleviation of flooding.
  153. Drive-in Business. Establishments including drive-in outdoor theaters, refreshment stands, banks, and the like where patrons enter the premises and are served or entertained in automobiles. Deposit and pick-up services shall not be considered drive-in businesses as defined herein.
  154. Drive-Thru Facility. Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
  155. Driveway. A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.
  156. Drug Store. An establishment engaged in the retail sale of prescription drugs and patient medicines and which may carry a number of related product lines, such as cosmetics, toiletries, tobacco and novelty merchandise, and which may also operate a soda fountain or lunch counter.
  157. Dry Cleaning and Laundry Service. An establishment providing dry cleaning and laundering services where dry cleaning and laundering are done on the premises.
  158. Dwelling. A house, or other building designed or used primarily for human habitation. "Dwelling" shall not include boarding houses or rooming houses, tourist homes, motels, hotels, apartment buildings or other structures designed for transient residence.
  159. Dwelling, Duplex. A freestanding building containing two dwelling units.
  160. Dwelling, Multi-Family. A dwelling or group of dwellings on one plot containing separate living units for three or more families, but which may have joint services or facilities or both.
  161. Dwelling, Row or Townhouse. A dwelling accommodating or designed to accommodate a single family in a single dwelling unit, the walls on two sides of which may be in common with the walls of adjoining dwellings and are party or lot line walls.
  162. Dwelling, Semi-Detached. A two-family dwelling unit, the wall on one side shall be in common with the wall of the adjoining dwelling.
  163. Dwelling, Single Family. A freestanding detached building designed for the use of a single household, including one or more persons living as a family.
  164. Easement. A grant by a property owner to the use of the land by the public, a corporation, or persons for specific purposes as the construction of utilities, drainage ways and roadways.
  165. Easement, Conservation. A non-possessor's interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open space values of real property; assuring its availability for agricultural, forest, recreational, or open space use; protecting natural resources; or maintaining air or water quality.
  166. Educational Institution, Elementary School. A public, private or parochial school offering educational instruction in grades pre-kindergarten through fifth, licensed by the West Virginia Department of Education.
  167. Educational Institution, High School. A public, private or parochial school offering educational instruction in grades nine through twelve, licensed by the West Virginia Department of Education.
  168. Educational Institution, Middle School. A public, private or parochial school offering educational instruction in grades six through eighth, licensed by the West Virginia Department of Education.
  169. Educational Institution, Nursery School or Preschool. A public, private or parochial school primarily for children between the ages of three and five, providing preparation for elementary school; includes nursery school and kindergarten.
  170. Educational Institution, College or University or Technical. A public or private post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields.
  171. Electronic Cigarette. Any product containing or delivering nicotine, or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term "electronic cigarette" includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other product name or descriptor.
  172. Elevation.
  173. A vertical distance above or below a fixed reference level.
  174. A flat scale drawing of the front, rear or side of a building.
  175. Employment Agency. See Professional Services Establishment.
  176. Erosion. The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a combination thereof, or the detachment and movement of soil or rock fragments.
  177. Essential Utilities and Equipment. 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 categories:
  178. Local serving;
  179. Non-local or transmission through the City; or
  180. Water and sewer systems, the activities of which are regulated, in whole or in part, by one or more of the following agencies:
  181. West Virginia Public Service Commission;
  182. West Virginia Department of Environmental Protection; or
  183. West Virginia Department of Health and Human Resources.
  184. Establishment. An economic unit, generally at a single physical location, where business is conducted or services or industrial operations performed.
  185. Excavation. Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
  186. Exterior Display. The outdoor display of products, vehicles, equipment and machinery for sale or lease. Exterior display is an outdoor showroom for customers to examine and compare products.
  187. Exterminating or Fumigating Service. An establishment primarily engaged in the extermination of insects, pests, or rodents.
  188. Façade. That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eves and the entire width of the building elevation.
  189. Factory. A building or group of buildings, usually with equipment, where goods are manufactured.
  190. Fair. A special outdoor activity that is an exhibition of livestock, agricultural products, crafts, automobiles, or other items that can also feature entertainment, educational displays, and the sale of goods.
  191. Family. One or more persons occupying a single dwelling.
  192. Family Day Care Adult Facility. Any facility, except a Family Day Care Adult Home, which is used to provide non-residential personal care for compensation for seven or more adults.
  193. Family Day Care Adult Home. A private home which is used to provide non-residential personal care for compensation, for up to six (6) adults.
  194. Family Day Care Facility. Any facility, except a Family Day Care Adult Home, which is used to provide non-residential child care for compensation for seven to twelve children, including children who are living in the household who are less than six years of age. No more than four of the total number of children may be less than twenty-four months of age.
  195. Family Day Care Home. A private home which is used to provide non-residential child care for compensation in other than the child's own home. The provider may care for four to six children, including children who are living in the household, who are less than six years of age. No more than two of the total number of children may be less than twenty-four months of age.
  196. Farm. Any parcel of land containing at least five acres which is used in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes fur farms, commercial stables and dog kennels.
  197. Farm Equipment or Supply Sales Establishment. An establishment primarily engaged in the sale of farm equipment and/or supplies, and incidentals such as animal feed, crop seeds, etc.
  198. Farm Raw Materials Sales Establishment. An establishment primarily engaged in the sale of fresh farm produce and farm-related raw materials.
  199. Farmers' Market. An establishment offering for sale fresh agricultural and/or value-added products directly to the consumer. May also include additional compatible and accessory uses such as a restaurant, small retail spaces, etc.
  200. Fence. An artificially constructed barrier of wood, masonry, stone, brick, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas. Also called a wall.
  201. Financial Service Institution. An establishment primarily engaged in providing financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond brokers, loan and lending activities and similar services.
  202. Firearms Sales Establishment. An establishment primarily engaged in the sale of fire arms, ammunition and ammunition components, and hunting or shooting equipment.
  203. Flag. Any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, corporation, lodge, fraternity or sorority, political party, nonprofit organization, charity, club, association or other entity.
  204. Flag, Commercial. A flag displaying the name, insignia, emblem, or logo of a profit-making entity.
  205. Flag, Public. A flag displaying the name, insignia, emblem, or logo of any nation, state, municipality, or noncommercial organization.
  206. Floor Area (of a building). The sum of the gross horizontal area of the several floors including the basement of a building and its accessory buildings on the same lot, and including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
  207. Floor Area Ratio. The floor area of a building divided by the area of the lot which it occupies.
  208. Floral Establishment. A retail establishment whose principal activity is the selling of plants which are not grown on the site and conducting business within an enclosed building.
  209. Food Stand (Fixed). A permanent structure used to prepare and sell food to the general public, usually where large groups of people are situated outdoors. Fixed food stands include concession stands, but shall not include temporary structures of similar purpose associated with Special Outdoor Activities.
  210. Fraternal Organization. See Association (Charitable, Fraternal or Social).
  211. Frontage.
  212. The boundary of a lot fronting on a public street.
  213. The front lot line.
  214. Fruit Markets. See Farmers' Market.
  215. Funeral Home. A building or part thereof used for human funeral services. Such building may contain space and facilities for:
  216. Embalming and the performance of other services used in the preparation of the dead for burial;
  217. The performance of autopsies and other surgical procedures;
  218. The storage of caskets, funeral urns, and other related funeral supplies;
  219. The storage of funeral vehicles; and
  220. Facilities for cremation.
  221. Furniture Upholstery, Repair or Refinishing Service Establishment. Establishments whose primary services provided include the upholstery, re-upholstery, repair and/or refinishing of furniture that is not constructed on-site.
  222. Furniture, Fixtures or Equipment Sales/Rental Establishment. Establishments where furniture, fixtures and related equipment are the main items offered for sale or rental; however, these places of business may also sell or rent major appliances and floor coverings.
  223. Garage, Private. A garage not conducted as a business or used for the storage space for more than one commercial vehicle which is owned by a person residing on the premises.
  224. Garage, Public. A garage conducted as a business. The rental of storage space for more than two passenger cars or for one commercial vehicle not owned by a person residing on the premises shall be deemed a business use.
  225. Garden Center Establishment. Establishments primarily engaged in selling containerized trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools and other garden supplies to the general public and where no trees, shrubs or plants are grown on the premises.
  226. Gardens. A planned space, set aside for the display, cultivation, and enjoyment of plants including vegetables, flowers, and fruits, which may include the keeping of chickens and/or bees, for private/personal use.
  227. Gas Well Operation. The extraction of natural gas from underground accompanied by the appurtenant equipment and facilities.
  228. Gasoline Service Station. A building, place of business, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing of gasoline, oil and grease, and other vehicle fuels, and including, as an accessory use, the sale and installation of batteries, tires, lubricants, and other automobile accessories and retail items. Minor repair service may also be rendered.
  229. Gasoline Station and Convenience Store. A place where gasoline, motor oil, lubricants, or other minor accessories may be retailed directly to the public on the premises in combination with any retail establishment offering for sale a limited line of groceries and household items.
  230. Gift Shops. A retail establishment that primarily sells souvenirs and small items suitable to be given as presents.
  231. Glass Cutting, Coating or Tinting Service Establishment. A service establishment primarily engaged in cutting, coating, tinting, and installation of glass in automobiles, trucks, motorcycles, etc.
  232. Glass Sales Establishment. A retail establishment primarily engaged in the sale of completed glass products.
  233. Go-Cart Track Facility. A facility that includes a track to race go-carts that are defined as small, low motor vehicles of 10 horsepower or less, with four wheels and open framework used exclusively for recreation or amusement.
  234. Golf Course. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms, a driving range and shelters as accessory uses.
  235. Golf Driving Range. A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.
  236. Government Facility. A building or structure owned, operated or occupied by a governmental agency to provide a governmental service to the public.
  237. Grade. The average level of the finished surface of the ground adjacent to the exterior walls of a building.
  238. Grade, Established. The elevation of the centerline of the streets as officially established by Council.
  239. Grade, Finished. The completed surfaces of lawn, walks and roads brought to grades as shown on official plans or designs relating thereto.
  240. Greenhouse, Commercial. A building used for the growing of plants, all or part of which are sold at retail or wholesale.
  241. Grocery Store. See Supermarket.
  242. Gross Floor Area. See Area, Total Floor.
  243. Gross Leasable Area. The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.
  244. Ground Floor. The first floor of a building other than a basement.
  245. Group Home. Any home serving non-related persons and may include persons acting as house parents.
  246. Group Home, Developmentally Disabled. Any facility which is owned or leased by a behavioral health service provider and which: provides residential services and supervision for persons who are developmentally disabled or behaviorally disabled (as defined by the Code of West Virginia); is occupied as a residence by not more than eight persons who are developmentally disabled and not more than three supervisors, or is occupied as a residence by not more than twelve persons who are behaviorally disabled and not more than three supervisors.
  247. Group Housing Development. More than one principal residential building per lot of record, with or without accessory uses or structures.
  248. Grower Facility. A facility operated by a person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit from the Bureau of Public Health within the West Virginia Department of Health and Human Resources to grow medical cannabis.
  249. Guest House. An attached or detached building that provides living quarters for guests and:
  250. Contains no kitchen or cooking facility;
  251. Is clearly subordinate and incidental to the principle residence on the same building site; and
  252. Is not rented or leased, whether compensation be direct or indirect.
  253. Gymnasium or Athletic Club. A building or a portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreation activities, operated for profit or not-for-profit and which can be open only to bona fide members and guests of the organization or open to the public for a fee.
  254. Halfway House. A place for transitional group living arrangements for persons discharged from hospitals, correctional facilities, or in lieu of hospitalization, characterized by the presence of such live-in staff, emphasizing the development of skills necessary for more independent living. The facility shall be licensed and operated in accordance with all applicable laws.
  255. Hardship, Unnecessary. A hardship by reason of exceptional lot shape, exceptional topographic conditions, or other exceptional physical conditions of a parcel of land. Unnecessary hardship shall not include personal or financial hardship or any other hardship that is self-imposed.
  256. Hardware Sales Establishment. A facility engaged in the retail or wholesale sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and household appliance, garden supplies and cutlery.
  257. Hazardous Material. Any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term includes, but is not limited to, hazardous substances and hazardous wastes.
  258. Health Spa/Club. A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities, operated for profit or not-for-profit. The sale of sports nutrition products, non-alcoholic beverages, packaged health foods, exercise clothing, and sports videos and magazines is permitted as an accessory use to such facilities.
  259. Heliport. An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.
  260. High Tunnel (Agriculture). A high tunnel is an above-ground agricultural tunnel constructed of metal bows that are attached to metal posts which have been driven into the ground. They are covered with a single layer of greenhouse grade plastic, have no permanent heating or ventilation system, but do have water for irrigation.
  261. Historic District. A geographically definable area, designated as historic on a national, state or local register, possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development.
  262. Historic Landmark. A site, building, structure or object designated as historic on a national, state or local register.
  263. Historic Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure and designated as historic on a national, state or local register.
  264. Historic Structure. Any structure that is:
  265. Listed individually on the National Register of Historic Places or preliminarily determined by the United States Secretary of Interior as meeting the requirements for individual listing on the National Register.
  266. Certified or preliminarily determined by the United States Secretary of Interior as contributing to the historical significance of a registered historic district.
  267. Individually listed on the West Virginia inventory of historic places.
  268. Individually listed on a County, City or other local inventory of historic places that has been certified by an approved State program as determined by the United States Secretary of Interior.
  269. Holiday Decorations. Displays erected on a seasonal basis in observance of religious, national or state holidays, which are not intended to be permanent and contain no advertising material.
  270. Home, Tourist. A private residence in which overnight accommodations are provided for not more than ten transient paying guests. A tourist home is not required to serve guests breakfast as would a bed and breakfast inn, and maintains a permanent resident (person or family) unlike a short-term lodging rental.
  271. Home-Based Business. Any business, occupation, or activity undertaken for gain where the principal office or place of business is located within a residential structure or a permitted accessory structure that is incidental and secondary to the use of that structure as a dwelling unit. A home-based business shall include Level 1 permitted accessory and Level 2 conditional use permit home-based businesses.
  272. Home-Based Business, Level I. Any home-based business in which the work conducted on the premises includes, but is not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes, or e-mail; preparing or maintaining business records; word and data processing; and telephone, mail order, and off-premise sales.
  273. Home-Based Business, Level II. Any home-based business that may require clients or customers to visit the premises providing the business does not create an adverse impact on the surrounding neighborhood as determined by the Board of Zoning Appeals.
  274. Homeowners' Association. An incorporated nonprofit organization operating under recorded land agreements through which:
  275. Each lot owner is automatically a member, and
  276. Each lot is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property and making capital improvements.
  277. Hospital. A state-licensed institution providing health services, primarily for in-patients, and rendering medical, surgical, or obstetrical care, including an integral part of the institution such related facilities as laboratories, out-patient department, research or training facilities, central service facilities, and staff offices. This definition shall include general hospitals as well as institutions in which service is limited to special fields such as cardiac, eye, ear, nose, and throat, pediatrics, orthopedics, skin and cancer, tuberculosis, chronic disease, and obstetrics. Hospital patients generally require intensive care for periods generally not exceeding several months.
  278. Hospital, Veterinary. A use or structure intended or used primarily for the testing and treatment of animals on an emergency or outpatient basis. Veterinary Hospital shall not include the boarding or training of animals, except for medical purposes and shall not provide outdoor runs or kennels. Also includes veterinary clinic.
  279. Hotel. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests and is not a rooming or boarding house.
  280. Household. A family living together in a single dwelling unit with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
  281. Hydroponics. The cultivation of plants in nutrient solution rather than soil.
  282. Hypermarket. A large-scale self-service retail store selling food, drugs, household merchandise, clothing, and a variety of other retail goods. The store may, in some cases, include limited, ancillary commercial tenants within the main building, such as medical offices, postage stores, snack counters, coffee shops, shoe repair shops, eye care centers, hair salons, etc.
  283. Impervious Surface. Surfaces that do not absorb water. Examples of such surfaces include buildings and concrete or asphalt parking areas, roads, sidewalks, or driveways.
  284. Improvement. Any physical changes to the land necessary to produce usable and desirable lots from raw acreage including grading, pavement, curb, gutter, storm sewers and drains and betterments to existing water courses, sidewalks, street signs, crosswalks, shade trees, sodding or seeding, street name signs and monuments.
  285. Incentive Zoning. The process whereby a developer may be granted additional development capacity in exchange for the developer's provision of a public benefit or amenity as may be specified in this title.
  286. Indoor Self-Storage Facility. See Storage Facility, Indoor Self.
  287. Industrial Equipment Repair Establishment. An establishment primarily engaged in repairing industrial equipment, including repairing heavy-construction and earth-moving equipment.
  288. Industrial Park. A planned, coordinated development of a tract of land designed to contain two or more separate industrial buildings. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.
  289. Industrial Supply Establishment. Establishments primarily engaged in marketing industrial supplies, such as bearings, boxes, gaskets, bottles, rubber goods, welding supplies, metal containers, and so forth.
  290. Industry. Any department or branch of art, occupation, or business conducted as a means of livelihood or for profit, especially one which employs much labor and capital and is a distinct branch of trade.
  291. Infill Development. To fill in vacant or underused land in existing communities with new development that blends in with its surroundings.
  292. Institutional Use. A school, religious institution, or other use operated by a public agency or non-profit organization.
  293. Instructional Studio. A facility offering educational instruction, having regular sessions with regularly employed instructors, but not a school as defined by the State.
  294. Interior Decorating Service. An establishment primarily engaged in the provision of professional decorating services to customers for a fee.
  295. Janitorial Service Establishment. A service establishment engaged primarily in the cleaning of buildings.
  296. Junked Motor Vehicle. A motor vehicle, or any part thereof (other than an on-premise farm utility vehicle), which is discarded, wrecked, ruined, scrapped or dismantled, can not pass the State inspection required by W. Va. Code Art. 17C, and is either not serving a functional purpose or use or is not in a enclosed building, a licensed salvage yard, or the actual possession of a demolisher.
  297. Junkyard. A lot, land, or structure, or part thereof, used primarily for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof, except as accessory to a principal industrial use of the lot.
  298. Kennel, Non-Residential. Any establishment including cages, dog runs and structures wherein more than three dogs which are over six months old are harbored.
  299. Kitchen. Any room principally used, intended or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall normally be considered as establishing a kitchen.
  300. Laboratories. Facilities equipped for experimental study in a science or for testing and analysis; facilities providing opportunity for research, experimentation, observation or practice in a field of study.
  301. Landscaped Area. A portion of the site or property containing vegetation to exist after construction is completed. Landscaped areas include, but are not limited to, natural areas, buffers, streetscapes, lawns and plantings.
  302. Landscaped Buffer. An area of landscaping separating two distinct land uses, or a land use and a public right-of-way, and acts to soften or mitigate the effects of one land use on the other.
  303. Landscaping. Open area devoted primarily to trees, grass, shrubs, or plants to soften building lines, provide shade and generally produce a pleasing visual effect of the premises. As complementary features, fountains, pools, screens, decorative lighting, sculpture, or outdoor furnishings may be placed within the area.
  304. Library. A building containing printed and pictorial material for public use for purposes of study, reference and recreation.
  305. Limited Video Lottery (LVL) Establishment. Any establishments within the City in which limited video lottery machines are operated.
  306. Liquor Store. An establishment primarily engaged in the retail sale of packaged alcoholic beverages, such as alcohol, beer, nonintoxicating beer, wine and spirits, solely for off-premises consumption. See also ABC Sales.
  307. Livestock or Poultry, Keeping of. Keeping generally-accepted outdoor farm animals (i.e., cows, goats, horses, pigs, fowl, etc.) on no less than five acres of land, not to include cats, dogs and other house pets.
  308. Live-Work Quarters. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work and the resident works in the same location.
  309. Loading Space. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a vehicle while loading or unloading merchandise, materials, or persons, and which has ingress and egress upon a street, alley, other appropriate means of access.
  310. Locksmith Establishment. A service establishment primarily engaged in the making of keys, and the making or repairing of locks.
  311. Lodge. A type of hotel built in a rural setting.
  312. Logo. The graphic or pictorial presentation of a message, including, but not limited to, the use of shapes, designs, decorations, emblems, trademarks, symbols or illustrations, or the superimposition of letters or numbers or any other use of graphics or images other than the sequential use of letters and numbers.
  313. Lot. A piece or plot of land occupied or to be occupied by a principal building and its accessory building or buildings and including the yards and other open spaces required by this title.
  314. Lot lines. The lines that bound a lot as defined herein.
  315. Lot of record. Any lot which has been established as such by plat, survey, record or deed prior to the date of this enactment as shown on the records of the County Clerk's office.
  316. Lot, corner. A lot which has an interior angle of less than 135 degrees at the intersection of two street lot lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its points beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135 degrees.
  317. Lot, depth. The horizontal distance from the street line of the lot to its opposite rear line measured along the median between the two side lot lines.
  318. Lot, interior. A lot other than a corner lot.
  319. Lot, width. The distance between the side lot lines measured along median between the front and rear lot lines.
  320. Machinery Repair Establishment (Heavy Equipment/Storage/Repair/Rental). A service establishment engaged primarily in the repair of large machinery and equipment as well as the storage and rental of such machinery.
  321. Machinery Repair Establishment (Small Business Office/Lawn/Garden Machines). A service establishment engaged primarily in the repair of small machinery and equipment including but not limited to machines and equipment used in small business offices, and for lawn and garden care.
  322. Machinery Shop. A service establishment where the repair and cleaning of machinery is performed.
  323. Major Excavation, Grading or Filling. Any operation (other than in connection with foundations for a structure or highway construction) involving:
  324. A volume of earth movement exceeding the average of one cubic foot per square foot of surface area or 1000 cubic yards, which area is the lesser or;
  325. A change in ground elevation from previously existing grade exceeding ten feet.
  326. Manufactured Home or Structure. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length or when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used for residential, commercial, business or institutional purposes with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein which meets the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 885401 et seq.), effective on the fifteenth day of June, one thousand nine hundred seventy-six, and the federal manufactured home construction and safety standards and regulations promulgated by the Secretary of the United States Department of Housing and Urban Development. The term "manufactured home or structure" does not include job site trailers.
  327. Manufacturing, Heavy. The manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations a part of their manufacturing process.
  328. Manufacturing, Light.
  329. Laboratory manufacturing: Operations involving the compounding of products such as perfumes, pharmaceutical and the development and assembly of instruments and similar items;
  330. Light fabrication and assembly process: The manufacture and/or packaging of clothing, jewelry, trimming decorations, computers and computer parts, and any similar item not involving the generation of noise, odor, vibration, dust or hazard.
  331. Marine/Craft Sales/Rental Establishment. An establishment primarily engaged in the retail sale or rental of motorboats and other watercraft, marine supplies, and outboard motors, including incidental storage.
  332. Marquee. A roof-like structure that cantilevers from the wall of a building over its principal entrance, that has no vertical supports other than the wall from which it cantilevers, and that provides a wall surface at least four feet high, generally constructed for purposes of containing a sign.
  333. Miniature Golf Course. A theme-oriented recreational facility, typically comprised of 9 or 18 putting greens, each with a "cup" or "hole," where patrons in groups of one to four pay a fee to move in consecutive order from the first hole to the last.
  334. Mini-Storage. See Storage Facility, Indoor Self or Storage Facility, Mini.
  335. Mini-Warehouses. See Storage Facility, Indoor Self or Storage Facility, Mini.
  336. Mixed-Use Development. A single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole and functionally integrated to the use of shared vehicular and pedestrian Access and parking areas, but not a mixed use dwelling as defined in this title.
  337. Mobile Home. See Manufactured Home or Structure.
  338. Mobile Home Park. Any parcel or lot on which two or more mobile homes are located regardless of whether or not a charge is made for such accommodations.
  339. Modular Home. Any structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installed on a building site and designed for long-term residential use and is certified as meeting the standards contained in the West Virginia State Fire Code.
  340. Motel. An establishment providing transient lodging in which the guest rooms are usually accessible from an outdoor parking lot.
  341. Motor Freight Terminal. Any premises used by a motor freight company which is the origin and/or destination point of goods being transported for the purpose of storing, transferring, loading and unloading such goods.
  342. Motor Vehicle Recharging Station. A facility that provides recharging of electric-powered motor vehicles as either a principle use or as an accessory use.
  343. Motor Vehicle Service Station. See Gasoline Service Station.
  344. Motorcycle Sales Establishment. Establishments primarily engaged in the retail sale of new and used motorcycles, motor scooters, clothing and accessories, and personal watercraft, including incidental storage, maintenance and servicing.
  345. Movie Theater, Indoor. A building for showing motion pictures or for live dramatic, dance, musical, or other productions, which is usually commercially operated. Does not include Adult Motion Picture Theaters.
  346. Movie Theatre, Drive-In. An open lot, or part thereof, with its appurtenant facilities, devoted primarily to the showing of movie pictures on a paid admission basis to patrons seated in automobiles. Does not include Adult Motion Picture Theatres.
  347. Multi-Tenant Commercial Establishment. Any tract of land upon which two or more retail sales or service establishments are located and developed as a unit with accessory parking facilities. Multi-tenant developments are distinguished from miscellaneous collections of individual stores and/or office buildings developed independently and standing on separate parcels along street frontages or clustered in a contiguous area with or without incidental off-street parking. Also called multi-tenant complex or multitenant office building.
  348. Mural. Any pictorial or graphic representation applied on an outside wall, façade, or other surface of a building or structure, generally for the purposes of decoration or artistic expression. Any such graphic representation conveying a commercial message shall be considered a sign and shall be included in the calculations of allowable sign area.
  349. Museum. A building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific, or literary collections, or works of art, and arranged. intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public.
  350. Music Instruction or Studio. See Instructional Studio.
  351. Nonconforming. Any building, structure, or use not in conformity with the terms of this title.
  352. Nonprofit Organization. Any person(s), partnership, association, corporation or other group legally established under federal and state law whose activities are conducted for unselfish, civic, or humanitarian motives, or for the benefit of others, and not for the gain of any private person or group and may include, but shall not be limited to, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, athletic, or medical activities.
  353. Nursery (Agriculture). A place where plants are propagated and grown to usable size for sale or farm use. See also Greenhouse, Commercial.
  354. Nursery School. See Educational Institution, Nursery School or Preschool.
  355. Nursing or Convalescent Home. Any establishment devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illness, disease, deformity, or injury not requiring the intensive care that is normally provided by hospitals, but who do require care in excess of room and board and who need medical, nursing, convalescent, or chronic care. Institutions primarily for the treatment and care of mental patients, alcoholics, or drug addicts shall not be considered nursing homes.
  356. Occupancy. The utilization of a building, structure or land.
  357. Occupancy, Seasonal. Occupancy for a period not exceeding four months.
  358. Office. A room or suite of rooms or portion of a building used for the practices of a profession or for the conduct of a business that involves the accessory sale of goods from the premises. If the goods or merchandise are sold for delivery on or from the premises, and constitutes greater than 20 percent of the gross revenue from the office, then the premises shall be considered a store rather than an office.
  359. Office Building. A building used primarily for offices that may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper, or snack stand.
  360. Office Park. A development that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed, and managed on an integrated and coordinated basis, and located on one or more parcels under single ownership.
  361. Office, Apartment Rental. An accessory building, or part thereof, used primarily for the purpose of performing the administrative and clerical duties associated with renting or leasing the apartment units in a development containing at least 20 units.
  362. Office, Associated with Permitted Industrial Land Use. An accessory building, or part thereof, used primarily for the purpose of performing the administrative and clerical duties associated with the principal permitted industrial land use.
  363. Office, Professional. A building, or part thereof, used for conducting the affairs of a business, profession, service industry, or government. Does not include the sale or display of materials or goods.
  364. Oil Well Operation. The extraction of oil from underground accompanied by the appurtenant equipment and facilities.
  365. Open Space. Any land or area, the preservation of which in its present use would:
  366. Conserve or enhance natural or scenic resources;
  367. Promote streams or water supply;
  368. Promote conservation of soils, or wetlands;
  369. Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or
  370. Enhance recreational opportunities.
  371. Outdoor Amusement Park. A permanent establishment providing one or more amusement activities in an outdoor setting.
  372. Overlay District. A zoning district that extends on top of a base zoning district and is intended to protect certain critical features and resources. Unlike a planned unit development, overlay districts govern only development standards. The uses permitted in the underlying zoning district remain the same.
  373. Parapet. The portion of a wall which extends above the roofline.
  374. Parcel. A single lot, or a grouping of lots acquired by a single deed, and considered as one buildable lot for zoning purposes. Parcels that consist of a grouping of City lots acquired by a single deed may be subdivided for purposes of creating more buildable parcels, provided all regulations contained within this title and the City's subdivision title are adhered to.
  375. Park. Any area that is predominately open space, used principally for active or passive recreation, and not used for a profit-making purpose. Any area designated by the City as a park.
  376. Parking Aisle. The clear space for either one or two-way traffic movement or maneuvering between rows of parking stalls.
  377. Parking Lot, Commercial. A private parking lot that is the stand alone use of a parcel, and whose stalls are leased to individual persons.
  378. Parking Lot, Restricted Accessory. A parking lot, whether free or for compensation, and available for private use or as an accommodation for clients or customers, that is the sole use of a parcel and provides parking accessory to a use on a separate parcel.
  379. Parking Space. A space in a garage or parking area, not less than 9 feet wide clear dimension and 20 feet long clear dimension, reserved for the parking of only one automobile.
  380. Parking Space, Compact. A space in a garage or parking area, not less than 7 ½ feet wide clear dimension and 15 feet long clear dimension, reserved for the parking of only one compact automobile.
  381. Parking Space, Handicap. A space in a garage or parking area not less than 13 feet wide and 18 feet long in clear dimension, reserved exclusively for an automobile registered with the State with handicapped license plates or displaying an official State issued handicapped placard.
  382. Parking Structure. A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages, deck parking and underground or under building parking areas.
  383. Parking, Off-Street. Space occupied by automobiles on premises rather than streets.
  384. Parking, On-Street. The storage space for an automobile that is located within the street right-of-way.
  385. Parking, Public Lot. A publicly owned or operated open area other than a street or alley, designed to be used for the temporary parking of more than four motor vehicles, whether free or for compensation, and available for public use or as an accommodation for clients or customers.
  386. Parking, Shared. A public or private parking area used jointly by two or more uses.
  387. Parklet. An expansion of the sidewalk into one or more on-street parking spaces for commercial, recreational, or beautification purposes. Parklets shall be designed and constructed as temporary and able to be moved or removed at the discretion of the City.
  388. Parsonage. The permanent place of residence of the pastor or minister of a church. May be considered accessory to a church.
  389. Patio. A level surfaced area directly adjacent to a principal building, without walls or a roof. A patio may be constructed of any material or combination of materials, and is typically constructed at grade level or slightly higher.
  390. Paved Surface Area. Ground surface covered with cobblestones, clay fired bricks, concrete precast paver units, poured concrete with or without decorative surface materials, blacktop, or other asphalt or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel is not considered a paved surface.
  391. Pawn Shop. 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.
  392. Pennant. Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, string or pole, usually in series, and which is designed to move in the wind.
  393. Performance Guarantee. Any security that may be accepted by the City as a guarantee that improvements required as part of an application for development are satisfactorily completed.
  394. Performing Arts Complex. A building where music, dance, theatre or other performing art is staged for attendance by the general public, with or without admission.
  395. Permanent Cosmetics. A cosmetic technique involving the injection of pigment into the skin as a means of producing designs that resemble makeup, such as eyebrows, eyelining and other permanent enhancing colors to the skin of the face, lips, and eyelids.
  396. Person. Any natural person, association, company, corporation, firm, organization or partnership, singular or plural, of any kind.
  397. Personal Services Establishment. A business which is associated with the grooming or health of persons or the maintenance or repair of personal wardrobe articles and accessories, and may include a barber shop, beauty parlor, shoe repair shop, self-service laundry, but not a tattoo parlor. The definition shall apply whether or not the person engaged in the offering of said service is required to be licensed by the State of West Virginia.
  398. Personal Storage Facility. See Storage Facility, Indoor Self or Storage Facility, Mini.
  399. Pet Shop. A retail establishment engaged primarily in the sale of domestic animals such as dogs, cats, fish and birds, and reptiles, including exotic animals, and farm animals such as horses, goats, sheep and poultry.
  400. Petroleum. An oily flammable bituminous liquid that may vary from almost colorless to black, occurs in many places in the upper strata of the earth, is a complex mixture of hydrocarbons with small amounts of other substances, and is prepared for use as gasoline, naphtha, or other products by various refining processes.
  401. Photography Studio. A retail establishment engaged primarily in professional photography for a fee.
  402. Places of Amusement or Assembly. See Bar, Nightclub, Private Club, or Tavern.
  403. Plan, Land Development. A written description for the development of land.
  404. Planned Unit Development. A tract of land developed as a unit under single ownership or unified control, which includes one or more principal buildings or uses and is processed under the Planned Unit Development provisions of this title.
  405. Plat, Land Development. A map of the land development.
  406. Plaza. An open space that may be improved, landscaped, or paved usually surrounded by buildings or streets. See also Court.
  407. Pond. A body of water that is less than 10 acres in size. Any pond greater than 10 acres in size shall be a public body of water.
  408. Porch. A covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes. If a porch is uncovered it is considered to be a deck.
  409. Poultry/Fowl, Keeping of. The housing of female chickens and/or ducks for strictly non-commercial purposes on residential property.
  410. Printing or Publishing Establishment. An establishment for the custom reproduction of written or graphic materials on a custom order basis for individual persons or businesses. Typical processes include but are not limited to photocopying, blueprint and facsimile sending and receiving, and including offset printing.
  411. Processor Facility. A facility operated by a person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit from the Bureau of Public Health within the West Virginia Department of Health and Human Resources to process medical cannabis.
  412. Professional Services Establishment. An establishment engaged in providing professional services such as consulting, legal, engineering, accounting, architectural and the like, but not including personal services.
  413. Public Assembly Area, Major. Any stadium, gymnasium, auditorium or performance hall with fixed seating for 1800 or more people and designed and generally used for the purposes of attending, participating or observing programs or events open to the public.
  414. Public Space. Any lots, tracts or parcels of land, structures, buildings or parts thereof owned or leased by a governing body or unit of government.
  415. Public Utility. An establishment engaged in the generation, transmission, and/or distribution of electricity, gas, steam, water and stormwater management systems.
  416. Quarry. An open pit from which stone, sand, gravel, mineral or fill is taken to be processed for commercial purposes.
  417. Recreational Equipment Rentals. An establishment that offers rentals of equipment to users for the safe practice of various recreational activities. Recreational Equipment Rentals can be an accessory use to outdoor resorts or outdoor amusement parks.
  418. Recreational or Sports Facility, Group. An athletic or sports facility designed to serve a large number of people as opposed to individual persons or individual families. Such facilities include but shall not be limited to arenas, auditoriums, stadiums, play fields, tracts, and country clubs. Such facilities may contain rooms and other provisions for social functions and the serving of food or alcoholic beverages.
  419. Recreational Trail. A path that connects locations or points-of-interest that encourages recreation. Recreational Trails shall also include rail trails, biking trails, walking trails, and any paths that serve a dual purpose as recreational and alternative transportation.
  420. Recreational Vehicle (RV). A vehicle built on a single chassis, and designed to be self-propelled or towed by another vehicle. A recreational vehicle is not designed or intended for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use. This definition includes vehicles such as travel trailers, motor homes, boats, house-boats, and campers.
  421. Recyclable Collection Center. A facility for the collection, separation, compaction, processing and storage of recyclable materials until said materials can be transported or transferred to a facility approved and licensed for the recycling of materials.
  422. Refuse Incinerator. A site with one or more incinerators that uses thermal combustion processes to destroy or alter the character or composition of medical waste, sludge, soil or municipal solid waste (excluding animal or human remains).
  423. Religious Institution. A building where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with the primary purpose. Includes church, synagogue, temple, mosque, or other such place for worship and religious activities.
  424. Repair or Maintenance. An activity that restores the character, scope, size, or design of a serviceable area, structure, or land use to its previously existing, authorized, and undamaged condition. Activities that change the character, size or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands are not included in this definition.
  425. Research and Development Center. Research, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing, sale of products, or, a structure or complex of structures designed or used primarily for research development functions related to industry and similar fields of endeavor.
  426. Resort. A place designed to provide recreation, entertainment, and accommodation to guests.
  427. Restaurant. A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales constitute more than 60 percent of the gross sales receipts.
  428. Restaurant, Fast Food with Drive-Thru. A restaurant whose primary business is serving food to the public for consumption by order from and service to vehicular passengers outside the structure.
  429. Retail Sales Establishment. A business having as its primary function the supply of merchandise or wares to the end consumer. Such sales constitute the primary function of the business when such sales equal at least 80 percent of the gross sales of the business.
  430. Retention System. A storm water facility that is designed to accept runoff from a developed site and discharge it at a limited rate (when the runoff rate into the system drops below the limited rate). A specified volume is stored indefinitely (retained) until it is displaced by runoff from another storm.
  431. Reuse of Structure. The reuse, re-design, renovation, and/or redevelopment of a building which formerly housed a previous land use.
  432. Rezoning. An amendment to the zoning map to effect a change of the designated land use district on a parcel of land.
  433. Right-of-Way. A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, trail, waterline, sanitary sewer, and/or other public utilities or facilities.
  434. Runoff. The portion of rainfall, melted snow, or irrigation water that flows across ground surface and is eventually returned to a waterbody such as a river, stream, pond, or reservoir. See also Stormwater.
  435. Sales Establishments (Retail or Wholesale). A business having as its primary function the supply of merchandise or goods for retail or wholesale sale.
  436. Salvage Yard. See Junkyard.
  437. Sanitarium. An institution for the long-term treatment of the chronically ill.
  438. Satellite Dish. See Telecommunications, Satellite Dish.
  439. School. See Educational Institutions.
  440. School, Elementary. See Educational Institution, Elementary School.
  441. School, Secondary. See Educational Institution, Middle School or Educational Institution, High School.
  442. School, Vocational. Any educational institution having regular sessions with regularly employed instructors who, as a principal activity, provide training in a trade or vocation and teach those subjects that are fundamental and essential in elementary or secondary education, under the supervision of the State or a lawfully constituted ecclesiastical governing body or a corporation meeting the requirements of the State.
  443. Screen. See Fence.
  444. Service Establishment. See Personal Services Establishment or Professional Services Establishment.
  445. Secondhand/Consignment Store. A store that sells secondhand items that may provide a percentage of the sale revenue to the items’ original owner.
  446. Setback. The minimum distance by which any building or structure must be separated from a street right-of-way or lot line. Synonymous with Yard.
  447. Setback, Front. The distance between the street right-of-way line and the closest point of the foundation of a building or projection thereof. Synonymous with Yard, Front.
  448. Setback, Rear. The shortest distance between the building line and the rear lot line. Synonymous with Yard, Rear.
  449. Setback, Side. The shortest distance between the building line and the side lot line. Synonymous with Yard, Side.
  450. Sewage Disposal Facility. See Solid Waste Disposal Facility.
  451. Sewage Treatment Plant. A facility designed for the collection, removal, treatment, and disposal of water-borne sewage generated within a given service area.
  452. Sexually-Oriented Business. An establishment other than a hotel, motel, or similar establishment offering public accommodations, which for any form of consideration provides a place where any number of persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. See also Adult Book Store, Adult Motion Picture Theatre, Adult Videotape Store, and Adult Entertainment.
  453. Shooting Range. The use of a structure or land for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.
  454. Shopping Center. A group of retail and other commercial establishments that is planned, owned, and managed as a single property. The center's size and orientation are generally determined by the market characteristics of the trade area served by the center. The two main configurations of shopping centers are malls and open-air strip centers.
  455. Short-term Lodging Rental. A dwelling that provides lodging accommodations to guests for less than thirty (30) consecutive days per instance, which:
  456. Is not required to provide meals to guests like a Bed and Breakfast Inn;
  457. May or may not have kitchen facilities; and
  458. Does not maintain a permanent resident (person or family).
  459. Sidewalk Sale. A seasonal or occasional sale held during the summer months on the sidewalk or other structure along the front or side of the place of business where goods are offered for sale to the public, typically at a discounted price.
  460. Sidewalk Vendor Stand. Any portable pushcart, or similar device used for the displaying, storing, or transporting of articles offered for sale by a sidewalk vendor.
  461. Sign. Any device including but not limited to letters, words, numerals, figures, emblems, pictures or any part or combination of these used for visual communication intended to attract the attention of the public and visible to the public right-of-way or other properties.
  462. Sign Copy. Any word, letter, number or emblem affixed to the sign surface either permanently or in removable form.
  463. Sign Fabrication or Painting Establishment. A service establishment engaged primarily in the production, painting, repairing and finishing of signs.
  464. Sign Face. The area of a sign on which the copy is placed.
  465. Sign, Abandoned. A sign and/or supporting structure which no longer identifies a bona fide business conducted or product sold on the premises. A sign shall be deemed abandoned when these conditions have been in existence for a period exceeding one-hundred eighty consecutive calendar days.
  466. Sign, Animated. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
  467. Sign, Awning. A sign located on an awning. See Canopy Sign.
  468. Sign, Back-to-Back. Two or more integrally connected signs facing in opposite directions and separated by not more than five feet.
  469. Sign, Banner. A sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing. All banners are temporary signs.
  470. Sign, Blade. A projecting sign mounted on a building façade oriented primarily for pedestrians.
  471. Sign, Building. Any sign attached to any part of a building.
  472. Sign, Building Marker. Any sign indicating the name of a building and date and incidental information about its construction. Such sign typically is cut into a masonry surface or made of bronze or other permanent material, and is not regulated under this title.
  473. Sign, Business. A sign which directs attention to a business, profession or industry located on the premises where the sign is displayed, to the type of products sold, manufactured or assembled, and/or to service or entertainment offered on such premises.
  474. Sign, Canopy. Any sign that are a part of or attached to a structural protective cover over a door, entrance, window or outdoor service area. A marquee sign is not a canopy sign.
  475. Sign, Changeable Copy. Any sign designed so that letters or numbers attached to the sign can be periodically changed to indicate a different message.
  476. Sign, Commercial Message. Any sign, wording, logo or other representation, except for the actual name of the business, that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
  477. Sign, Construction. Any sign bearing the names of contractors, architects, engineers and the like, or advertising, promotions, price ranges and similar information that is placed at a construction site that has received development plan approval from the City.
  478. Sign, Decorative. Any non-commercial sign that is purely ornamental and is not used for promotion of any person or business.
  479. Sign, Directional. An on-premise sign that includes information assisting in the flow of pedestrian or vehicular traffic such as enter, exit, and one-way. A directional sign excludes commercial messages and logos but may include information, that has a purpose secondary to the use of the site on which it is located, such as "no parking," "entrance," "loading only," "telephone," and similar information and directives. A directional sign may also include information stating the hours of operation of a business, emergency telephone numbers, credit card usage, or other information of a similar nature.
  480. Sign, Directory. A ground or building sign that lists tenants or occupants of a building or project with unit numbers, arrows or other directional information.
  481. Sign, Electronic Message Board. A sign with a fixed or changing display/message that is electronically programmed and can be modified by electronic processes.
  482. Sign, Externally Illuminated. A sign illuminated primarily by light directed toward or across it or by backlighting from a source not within it. Sources of illumination for such signs may be in the form of gooseneck lamps, spotlights, or luminous tubing.
  483. Sign, Farm Products. A sign advertising the sale of farm products raised on the premises.
  484. Sign, Flashing. A sign, the illumination of which is not constant in intensity when in use, and which exhibits sudden or marked changes in lighting effects.
  485. Sign, Freestanding. A sign that is attached to, erected on, or supported by some structure (such as a post, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than support.
  486. Sign, Ground. Any sign attached to the ground. See Freestanding sign.
  487. Sign, Identification. A sign used to identify the individual person or organization occupying the premises or the name of the building or structure in connection with which the sign is displayed, and sets forth no commercial logo or other advertisement.
  488. Sign, Internally Illuminated. A sign whose light source is either located in the interior of the sign so that the rays go through the face of the sign, or which is attached to the face of the sign and is perceived as a design element of the sign.
  489. Sign, Marquee. A sign attached to or mounted on a marquee.
  490. Sign, Memorial. A sign honoring an event or a deceased person.
  491. Sign, Menu-Board. An accessory sign providing items and prices associated with a drive-thru window.
  492. Sign, Monument. A freestanding sign where the base of the sign structure is on the ground or a maximum of 12 inches above the adjacent grade. The width of the top of the sign structure can be no less than 90 and no more than 120 percent of the width of the base.
  493. Sign, Neon. A sign containing glass tube lighting in which a gas and phosphors are used in combination to create a colored light.
  494. Sign, Nonconforming. A sign lawfully erected and maintained prior to the effective date of this title that does not conform with the requirements of this title.
  495. Sign, Off-Premise. A sign that directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. Billboards are classified as off-premise signs within this title.
  496. Sign, On-Premise. Any sign identifying or advertising a business, person, activity, goods, services, or products, located on the premises where the sign is installed and maintained.
  497. Sign, Pole. A sign that is mounted on a freestanding pole(s) or other support so that the bottom edge of the sign face is six feet or more above the grade. Also called a pylon sign.
  498. Sign, Political. A sign attracting attention to political candidates or issues, expressing support for a candidate for public office or another position regarding a public figure or issue, but bearing no commercial message.
  499. Sign, Portable. Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; and balloons used as signs.
  500. Sign, Post and Panel. A sign consisting of one or more panels which are supported between two posts and which is permanently placed in the ground.
  501. Sign, Projecting. Any sign attached to a building wall and extending laterally more than 18 inches from the face of such wall.
  502. Sign, Public Information. Any sign erected and maintained by public officials or public agencies, or approved and authorized for use by state or local government authorities.
  503. Sign, Real Estate. A sign advertising property on which it is located, or a building thereon, for sale, rent or lease.
  504. Sign, Roof. A sign erected, constructed, and maintained above the eaves of a building.
  505. Sign, Sandwich Board. A sign not permanently attached to the ground or some type of permanent structure; a sign connected to or located on A or T frames; a two-sided sign attached to boards.
  506. Sign, Shingle. A sign suspended from and located entirely under a covered porch, covered walkway or awning.
  507. Sign, Special Event. A sign advertising or announcing a special outdoor activity conducted by, or sponsored by, or on behalf of a unit of local government, a charitable organization, or a nonprofit corporation.
  508. Sign, Suspended. A sign that is suspended from the underside of a horizontal plane surface and supported by such surface.
  509. Sign, Temporary. Any sign that is used only temporarily and is not permanently mounted.
  510. Sign, Traffic. A sign indicating federal, state, or municipal regulations for automobile, truck, bicycle or pedestrian movement.
  511. Sign, Traffic Information. A sign other than one provided by public traffic control authorities, used to provide only directional information relative to entrances, exits and traffic circulation.
  512. Sign, V-Type. For purposes of computing surface area, is two separate signs if the angle between the two outer surfaces is less than 60 degrees; otherwise the wings shall be considered one sign.
  513. Sign, Wall. Any sign painted on or attached to and extending not more than six inches from an exterior wall in a parallel manner.
  514. Sign, Wayfaring. Any sign designed to mainly direct pedestrian traffic.
  515. Sign, Window. Any sign that is visible to the public right of way through the glassed areas of a building including numbering, lettering, or writing, pictorial representation, emblem, flag, or any other figure of similar character. The window area covered by signage shall not exceed 25 percent of the total window square footage, but may be increased to 50 percent of the total window square footage if there are no wall signs on the premises.
  516. Significant Building. Any building listed on a Local Register of Historic Places. The register may consist of the National Register of Historic Places, including districts and individual listings as well as locally designated historic districts, historic landmarks and historic sites. Significant buildings may be shown on the official zoning map of the city.
  517. Signplate, Building. A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
  518. Site. A lot, tract or parcel of land considered as one land-unit for purposes of this title. For a single-family residence, the site shall be the subdivided lot on which it is located. For multi-family projects, the site shall be all land occupied by the buildings in the project and adjoining such property and under common ownership with it. For vacant land, the site shall be all of the adjoining vacant land under single ownership. For single-occupancy, non-residential properties, the site shall be the subdivided lot that is occupied. For multiple-occupancy properties, the site shall be all land included under the original "site plan" or "subdivision plan" approval under this title.
  519. Site Plan. A plan depicting the proposed development of a property, in terms of the location, scale and configuration of buildings and other features containing all the required information under the site plan review section of this title.
  520. Skating Park. An outdoor area having structures and surfaces for roller-skating and skateboarding.
  521. Skating Rink. An establishment that provides facilities for participant skating.
  522. Slaughterhouse. A facility for the slaughtering and processing of animals and the refining of their byproducts.
  523. Snack Bar/Snack Shop. An establishment similar to a restaurant, but limited to the extent that no food is cooked on the premises other than heating by a microwave oven, no drive-through windows exist on the premises, and seating for customers does not exceed 12.
  524. Snow Ski or Tubing Slope. A sloping surface which you can ski or tube down primarily during winter months, either on a snow-covered mountain or on a specially-made structure.
  525. Solid Waste Disposal Facility. An establishment for the disposition of unwanted or discarded material, including garbage with insufficient liquid content to be free flowing. Synonymous with Sewage Disposal Facility.
  526. Special Outdoor Activities. Activities that temporarily draw large numbers of participants and/or spectators compared to day-to-day activities, such as carnivals, circuses, concerts, fairs, parades, etc.
  527. Specified Anatomical Areas.
  528. Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
  529. Human male genitals in a discernable turgid state, even if completely or opaquely covered.
  530. Specified Sexual Activities.
  531. Human genitals in a state of sexual stimulation or arousal;
  532. Acts of human masturbation, sexual intercourse or sodomy; or
  533. Fondling, erotic display or erotic touching of human genitals, pubic region, buttocks or breasts, even if completely and opaquely covered.
  534. Speech, Commercial. Speech or graphics advertising a business, profession, commodity, service or entertainment.
  535. Speech, Non-Commercial. Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.
  536. Sporting Goods. Establishments primarily engaged in selling sporting goods, sporting equipment and accessories.
  537. Sports Club. Building and facilities, owned or operated by a corporation, association, person or persons, for an athletic or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business.
  538. Stable, Private. An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
  539. Stable, Public. A building in which horses are kept for remuneration, hire or sale.
  540. Storage Building, Detached. An accessory structure used for the storage of materials or equipment outside of a principal structure on a lot.
  541. Storage Facility, Indoor Self. A structure containing separate, individual and private storage spaces of varying sizes that are leased or rented by individual lease for varying periods of time, with the use contained within one building and the storage bays accessed primarily from the interior of the building.
  542. Storage, Enclosed. Storage that is completely screened from view by walls and a roof.
  543. Storage, Facility, Mini. One or more structures containing separate, individual and private storage spaces of varying sizes leased or rented by individual leases for varying periods of time, with the use contained in one or more buildings with the storage bays accessed primarily from the exterior of the building or buildings.
  544. Storage Yard. An outdoor area where vehicles, equipment, merchandise, raw materials, or other items are accumulated and stored for an indefinite period until needed. Junkyards or salvage yards are not considered the same as storage yards for the purpose of this ordinance.
  545. Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. See also Runoff.
  546. Stormwater Detention. Any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
  547. Stormwater Management. Any storm water management technique, apparatus, or facility that control or manages the path, storage, or rate of release of storm water runoff. Such facilities may include storm sewers, retention or detention basins, drainage channels, drainage swales, inlet or outlet structures, or other similar facilities.
  548. Story. That portion of a building above ground level at the building line between floors, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling or roof above.
  549. Street. Any public way dedicated to vehicular and pedestrian travel greater than twenty feet in width.
  550. Street Frontage. The distance for which a lot line adjoins a public or private street from one lot line intersecting said street to the furthest lot line intersecting the same street.
  551. Street Line. The right-of-way line of a street as indicated by dedication or by deed of record.
  552. Street, Arterial. A street designated for large volumes of traffic movement. Certain arterial streets may be classed as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
  553. Street, Collector. A street which primarily collects traffic from local streets and feeds it to the arterial network. Collector streets provide circulation within neighborhood areas.
  554. Street, Cul-de-sac. A street with a single common ingress and egress and with a turnaround at the end.
  555. Street, Dead-end. A local street open at one end only and without a special provision for vehicles turning around.
  556. Street, Frontage Road. A minor street, parallel to and adjacent to an arterial street, whose primary purpose is providing access to abutting properties.
  557. Street, Interstate Highway. The highest type of primary arterial highway, with full access control, high design speeds. Access control is exercised to give preference to through traffic, by providing access connections with selected public roads only, and by prohibiting crossings at grade or direct private driveway connections.
  558. Street, Loop. A short, independent street that usually terminates along the same collector street of its origin.
  559. Street, Private. Any road or street that is not publicly owned and maintained and used for access by the occupants of the development, their guests, and the general public.
  560. Street, Residential. A street used primarily for access to abutting properties, usually residential.
  561. Structure. Any facility constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, including tents, lunch wagons, dining cars, mobile homes, billboards, signs and similar facilities whether stationary or movable. Synonymous with Building.
  562. Structure, Accessory. A subordinate structure detached from but located on the same lot as a principal structure. The use of an accessory structure must be accessory to the use of the principal structure.
  563. Structure, Detached. A structure with no vertical common or party wall with another structure.
  564. Structure, Nonconforming. A structure that legally existed prior to the adoption date of this title, but which is not in compliance with the requirements of this title for the district in which the structure is located.
  565. Structure, Principal. A building in which is conducted the principal use of the lot on which it is located.
  566. Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts or parcels, or the recombination of existing lots, tracts or parcels of land.
  567. Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
  568. Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. Includes structures that have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:
  569. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions, or
  570. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".
  571. Supermarket. A building used for the sale of food products and other items.
  572. Swimming Pool. Any body of water (excluding natural bodies of water fed by rivers, streams or brooks) or receptacle for water having a depth at any point greater than two feet used or intended to be used for swimming or bathing, and constructed, installed or maintained in the ground outside any building. Any receptacle for water having a depth of less than two feet shall be considered a wading pool.
  573. Swimming Pool, Community. A swimming pool and/or wading pool, including buildings necessary or incidental thereto, operated by a public or nonprofit entity for the benefit of the general public or private membership.
  574. Swimming Pool, Private. A swimming pool and/or wading pool, including buildings necessary or incidental thereto, for the exclusive use by members of a household or residents of an apartment complex and not open to the general public.
  575. Tank Farm. An open-air facility containing a number of above-ground, large containers for the bulk storage in liquid form of petroleum, chemical or other similar substances.
  576. Tank, Water. An above-ground structure with a primary purpose of storing potable water.
  577. Tattoo/Body-Piercing Studio. An establishment whose principle business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:
  578. Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin;
  579. Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. Facilities offering ear piercing and permanent cosmetics as accessory to a permitted use shall not be considered Tattoo/Body-Piercing Studios.
  580. Taxi. Any motor vehicle other than a limousine offered to the public by a public taxicab business for the purpose of carrying or transporting passengers for a charge or a fee.
  581. Taxi Service. A service that offers transportation in passenger automobiles and vans to persons including those who are handicapped in return for compensation. The business may include facilities for servicing, repairing and fueling the vehicles.
  582. Telecommunications Antenna. Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes and omnidirectional antennas, such as whips, at frequencies on the electromagnetic spectrum as the Federal Communications Commission from time to time may designate, used for cellular telecommunications service and/or personal communications service, but not including such structures or devices when used for the broadcast of television or AM/FM radio stations or for citizen's band or amateur radio use. Examples of cellular telecommunications or personal communications service include, but are not limited to, cellular telephone, paging, public safety, data transmission, Specialized Mobile Radio, Enhanced Specialized Mobile Radio, and other commercial private radio services.
  583. Telecommunications Facility. A lot, tract, or parcel of land that contains a telecommunications antenna, its support structure, any accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications transmission.
  584. Telecommunications Tower. Any structure that is designated and constructed primarily for the purpose of supporting one or more telecommunication antennas. This includes guyed towers, lattice towers, monopoles, alternative cellular antenna tower structures, and towers taller than 15 feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.
  585. Telecommunications Tower, Alternative Structure. Towers designed with alternative design structures such as clock towers, artificial trees and similar non-traditional structures that are compatible with the surroundings and camouflage or partially conceal the presence of telecommunications towers. Antennae erected on alternative structures such as ball field light poles, electric utility poles, water towers and similar existing structures.
  586. Telecommunications Towers, Co-location of. Locating one or more telecommunication antennas for more than one provider on a single telecommunication tower or alternative tower structure on a single lot.
  587. Telecommunications, Satellite Dish Antenna. Any privately-owned, round, parabolic antenna measuring less than 30 inches in diameter intended to receive signals from orbiting satellites and other sources.
  588. Television or Radio Studio. A facility for the staging and recording of video or audio productions such as television or radio programming.
  589. Theater. An establishment offering to the public movies or live performances.
  590. Theme Park. A type of Outdoor Amusement Park that operates all attractions and entertainment based on a central theme.
  591. Towing Service. See Automobile Wrecker Service.
  592. Traffic Calming. Physical improvements installed on a street that are intended to reduce motorist speed, decrease motor vehicle volumes, and increase safety for pedestrians and non-motorized vehicles.
  593. Trailer, Boat. A vehicle designed exclusively for the transportation of one boat of less than a ten-foot beam and twenty-four-foot length.
  594. Trailer, Camp. A vehicle or portable structure not over 150 square feet in floor area, equipped, but not regularly used, for sleeping but without permanent sanitary facilities.
  595. Trailer, Cargo. A vehicle, not over seventy square feet in floor area, used for the hauling of cargo.
  596. Travel Agency. A service establishment engaged primarily in the provision of travel arrangements including but not limited to airline, cruise, hotel and rental car reservations, trip planning and other associated services.
  597. Travel Trailer Park. A privately-owned area that is occupied or intended for occupancy by persons using recreational vehicles, motor homes, camp trailers, or mobile trailers for lodging and is held out to the public as such. Does not include manufactured housing units or mobile homes.
  598. Tree. A plant having at least one well-defined stem or trunk and normally attaining a mature height of at least 15 feet, with an average mature spread of 15 feet, and having a trunk that shall be kept clear of leaves and branches at least 6 feet above grade at maturity.
  599. Unnecessary Hardship. See Hardship, Unnecessary.
  600. Upholstery/Interior Decorating Service. An establishment offering re-upholstery and repair services and specific upholstery materials for sale.
  601. Urban Farm. Growing, washing, packaging and storage of fruits, vegetables and other plant products for wholesale or retail sales. No animal husbandry may take place.
  602. Use. The specific purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained. "Permitted use" shall not be deemed to include any nonconforming use.
  603. Use, Accessory. A land use that is:
  604. Customary and incidental to the principal use located on the same lot;
  605. Subordinate in area, extent and purpose to the principal use;
  606. Contributes to the comfort, convenience, or necessity of the principal use; and
  607. Is located on the same lot and in the same zoning district as the principal use.
  608. Use, Conditional. A land use which because of special requirements or characteristics may be permitted in a particular zoning district only upon showing that such use in a specified location will comply with and conform to all the conditions and standards for the location or operation of such use as specified in this zoning title and authorized by the Planning and Zoning Commission.
  609. Use, Existing. The use of a lot or structure at the time this title was enacted.
  610. Use, Nonconforming. An established use of a building or structure or use of land lawfully existing prior to and at the time of the adoption or amendment of this title that does not conform with the permitted use provisions of this title as they apply to the district in which the building, structure or land is located.
  611. Use, Permitted. A use permitted in a district "by-right", upon satisfaction of the standards and requirements of this title.
  612. Use Permitted by Special Exception. See Use, Conditional.
  613. Use, Principal. The primary use of any lot.
  614. Use, Public. A use by an agency or department of the city, county, state, or federal government. This shall also include public utilities or uses by any organization that receives funding either all or in part from any agency or department of the city, county, state, or federal government. This shall also include buildings and premises used in the operation of the public use.
  615. Utility. Any facility with associated equipment and network that provides any of the following directly to residential, commercial, or industrial structures in the City:
  616. Water;
  617. Sanitary sewer;
  618. Electricity, natural gas, or petroleum products used for heating and/or energy.
  619. Telecommunications and any associated facilities shall not be considered a utility unless operated by a governmental body or public entity.
  620. Vacation Rental. See Short-term Lodging Rental.
  621. Vape/Smoke Shop. A retail or service establishment that devotes at least 33% of its floor to the sale and display of electronic cigarettes, tobacco products and/or allows vaping on site or a retail establishment that holds itself out or advertises itself primarily as an electronic retail establishment.
  622. Variance. A deviation from the minimum standards of this title 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.
  623. Viewshed. The area within view from a defined observation point.
  624. Vision Triangle, Clear. An area of unobstructed vision at street intersections between two and one-half and eight feet above the street pavement and within a triangular area at the street corner, which area is bounded by:
  625. The street property lines of the corner lot and a line connecting points 20 feet distant from the intersection of the property lines of such lot; or
  626. The curb lines of an intersection and a line connecting points 40 feet distant from the corner of the intersection, such corner determined by projecting the curb lines out to a specific point, whichever is the lesser.
  627. Wall, Exterior. A vertical, structural component of a building which encloses habitable or usable space; a parapet extending not more than twelve inches above a flat roof shall be considered part of the exterior wall for purposes of determining signage.
  628. Warehouse. Facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise and odors, but not involved in manufacturing or production.
  629. Waste Disposal, Industrial. The disposal of material resulting from a production or manufacturing operation.
  630. Water Park. A type of outdoor amusement park where most of the attractions offered involve or use water.
  631. Wholesale Establishment. The sale of commodities to retailers or jobbers and shall include the sale of commodities for the purpose of carrying on any trade or business even if the said trade or business is the consumer or end user of the commodity.
  632. Wildlife Preserve. An area maintained in a natural state for the preservation of both animal and plant life.
  633. Windblown Device. Any banner, pennant, spinner, streamer, propeller, disc, moored blimp, gas balloon or flag (which is not of local, state, federal, corporate, nonprofit or religious origin) that is designed to inform or attract attention, whether or not such device carries a message, all or part of which is set in motion by wind, mechanical, electrical or any other means.
  634. Wine/Beer Sales Establishment. An establishment primarily engaged in the legal sale of beer and/or wine where no on-site consumption is permitted. See also ABC Sales.
  635. Wrecked Motor Vehicle. A vehicle that has been involved in an accident either with another vehicle or vehicles, or without involving another vehicle, and is damaged to the extent that some level of repair is required before the car may be safely driven.
  636. Yard. An unoccupied space open to the sky on the same lot with a building or structure. Synonymous with Setback.
  637. Yard, Front. An open space extending across the entire width of the lot between the building line or front main wall of a building and on the front property line (street or road right-of-way line) and into which space there shall be no extension of building parts other than steps, four-foot open porches, projection eaves, cornices and similar fixtures. Synonymous with Setback, Front.
  638. Yard, Rear. An open space extending across the entire width of the lot between the rear wall of the principal building and the rear line of the lot, and unoccupied except for accessory buildings and open porches which in the aggregate shall occupy not more than thirty-five percent (35%) of the area. Synonymous with Setback, Rear.
  639. Yard, Side. An open unobstructed space on the same lot with a principal building between the principal building and the side line of the lot and extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than eaves with an overhang of not more than two feet, rain water leaders, window sills and other such fixtures and open steps for a distance not exceeding four feet. Synonymous with Setback, Side.
  640. Zero Lot Line. The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
  641. Zip lining. A recreational activity involving structures suspending a cable above the ground, at an incline, with a pulley and harness for riders. Zip lining structures can also be accessory structures to an Outdoor Amusement Park and Resort.
  642. Zoning District. A specifically delineated area or district within the corporate limits of the City for which the requirements governing use, placement, spacing, size, lot dimensions, and bulk of buildings and premises are uniform.
  643. Zoning Map. The zoning map or maps of the City together with all amendments subsequently adopted which is part of this title and which delineate the boundaries of the zoning districts.
  644. Zoning title, or this title. The ordinance passed July 5, 1977, which is codified as OHMC 15.02 to OHMC 15.46 of OHMC 15 - Planning and Zoning Code.
  645. Zoo. An area, building or structures which contain wild animals on exhibit for viewing by the public. A petting zoo contains domesticated animals with the purpose of interaction with humans.

Editor's Note - Refer to the Code Book for graphics and illustrations.

HISTORY
Amended by Ord. 2024-050 on 10/21/2025