Parkersburg City Zoning Code
CHAPTER FIVE
Zoning Administration
1325.01 PROVISIONS OF ZONING ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this Zoning Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.
(Ord. A-2530. Passed 2-27-73.)
1325.02 CITY DEVELOPMENT DEPARTMENT .
The City Development Department, for the purpose of this Zoning Ordinance, shall be referred to as the City Development Department. The Department shall:
(a) Establish such rules of procedure as are necessary to the performance of its functions under the provisions of this Zoning Ordinance;
(b) Study and report on all proposed amendments to this Zoning Ordinance, review annually this Zoning Ordinance and, on the basis of such review, suggest amendments thereto.
(Ord. A-2530. Passed 2-27-73; Ord. A-3174. Passed 3-23-76.)
1325.03 SEPARABILITY.
Should any section or provision of this Zoning Ordinance be declared to be unconstitutional or invalid, such decision shall not affect the validity of the Zoning Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. A-2530. Passed 2-27-73.)
1325.04 REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict with this Zoning Ordinance, or inconsistent with the provisions of this Zoning Ordinance, are hereby repealed to the extent necessary to give this Zoning Ordinance full force and effect.
(Ord. A-2530. Passed 2-27-73.)
1325.05 EFFECTIVE DATE.
This Zoning Ordinance (Ordinance A-2530, passed February 27, 1973) shall become effective on April 1, 1973.
(Ord. A-2530. Passed 2-27-73.)
1327.01 GENERAL INTERPRETATIONS.
For the purpose of this article, the following words and phrases shall have the meaning respectively prescribed to them by this section. If not defined herein, or within other sections of this article, terms used in this article shall have the meanings provided in any standard dictionary or American Planning Association publication as determined by the Planning Director. (Ord. 0- 1340. Passed 4-28-09.)
1327.02 SPECIFIC DEFINITIONS.
As used in this article:
(1) ABANDONMENT - The relinquishment of property or a cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or resuming the nonconforming use of the property for a period of one year.
(2) ABUTTING - Having a common border with, or being separated from such a common border only by a right-of-way, alley or easement.
(3) ACCESS - A means of vehicular or pedestrian approach, entry to, or exit from property.
(4) ACCESS MANAGEMENT - The process of providing and managing access to land development while preserving the regional flow of traffic in terms of safety, capacity and speed.
(5) ACCESSORY DWELLING UNIT (ADU) - A residential living unit located either on the same parcel as the principal residence of the property owner or on an abutting parcel that was previously used only as yard for said principal dwelling and may not be sold or transferred separate from the principal dwelling lot. An ADU provides complete independent living facilities for one or more persons. An ADU can be a fully detached unit, a unit that is part of a larger accessory structure such as a detached garage, or a unit that is part of an expanded or remodeled principal dwelling. (Ord. 0-1712. Passed 8-23-22.)
(6) ACREAGE, GROSS - The total area within a parcel of land.
(7) ACREAGE, NET - The area within lot boundaries of all lands comprising the building site. A net acre shall not include any existing rights-of-way and flood or drainage control easements.
(8) ADDITION - Any increase in the gross floor area of a building, structure or use.
(9) ADJOINING LOT - A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land
(10) ADMINISTRATIVE OFFICE - An office establishment primarily engaged in overall management and general supervisory functions, such as executive, personnel, finance, legal and sales activities, performed in a single location or building for other branches or divisions of the same company.
(12) ADVERSE IMPACT - A negative consequence for the physical, social or economic environment resulting from an action or project.
(13) AESTHETIC ZONING - The regulation of building or site design to achieve desirable appearance.
(14) AFFECTED PERSONS - Those owners of record of real property located in whole or in part within 200 feet, including public streets and other rights-of-way.
(15) AFFORDABLE HOUSING - Housing renting for a monthly rent, or housing that may be purchased with monthly payments (including principal, interest, taxes, insurance, homeowners association fees, etc.) that are not more than 30 percent of the total monthly household income of low-income households (defined to be a household earning less than 80 percent of the median annual income, adjust for household size, as determined by the United States Department of Housing and Urban Development).
(16) AGGRIEVED PERSON - A person who (1) is denied by the Planning Commission or the Board of Zoning Appeals, in whole or in part, the relief sought in any application or appeal, or (2) has demonstrated that he or she will suffer a peculiar injury, prejudice or inconvenience beyond that which other residents of the City may suffer.
(17) AGRICULTURAL ACTIVITY - Farming, including plowing, tillage, cropping, installation of best management practices, seeding, animal and poultry husbandry, cultivating, or harvesting for the production of food and fiber products (except commercial logging and timber harvesting).
(18) AIRPORT - Any area of land or water designated, set aside, used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings.
(19) AISLE - The traveled way by which cars enter and depart parking spaces.
(20) 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.
(21) ALTERATION - Any change, addition or modification in construction or occupancy of an existing structure.
(22) AMENITY - Aesthetic or other characteristics of a development that increase its desirability to a community or its marketability to the public. Amenities may differ from development to development but may include such things as a unified building design, recreational facilities (e.g. swimming pool, walking trails, bicycle trails, lakes, tennis courts, picnic areas, playgrounds), views, landscaping, etc.
(23) AMORTIZATION - A method of elimination of nonconforming uses by requiring the termination of the nonconforming use after a specified period of time.
(24) 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.
(25) AMUSEMENT, COMMERICAL INDOOR - See RECREATION FACILITY, COMMERCIAL, INDOOR.
(26) AMUSEMENT, COMMERCIAL OUTDOOR - See RECREATION FACILITY, COMMERCIAL, OUTDOOR.
(27) ANNEXATION - The incorporation of land area into the City with a resulting change in the municipal boundaries.
(28) ANIMAL GROOMING SERVICE - Any place or establishment whose primary service is to be a place where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health, and for which a fee is charged.
(29) ANIMAL SHELTER - A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.
(31) APARTMENT - One or more rooms in a building designed and intended for occupancy as a separate dwelling unit.
(32) APPAREL SHOP - An establishment involved in selling clothing and clothing accessories.
(33) APPLIANCE REPAIR - Establishments involved in repairing instruments or devices designed for a particular use, such as stoves, fans or refrigerators, that are operated by gas or electric current.
(34) APPLIANCE SALES - Establishments involved in selling instruments or devices designed for a particular use, such as stoves, fans or refrigerators that are operated by gas or electric current.
(35) APPLICANT - A person submitting an application.
(36) APPROVED PLAN - A plan which has been granted final approval by the appropriate approving authority.
(37) ARCHITECTURAL DECORATION - An element, design, or motif, other than architectural feature, installed, attached, painted or applied to the exterior of a building or structure for the purpose of ornamentation or artistic expression.
(38) ARCHITECTURAL FEATURES - Cornices, eaves, gutter, belt courses, sills, lintels, bay windows and chimneys.
(39) AREA, BUILDABLE - The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance have been met.
(40) AREA, BUILDING - The maximum horizontal projected area of the Principal and Accessory Building, excluding open steps or terraces, unenclosed porches, or architectural appurtenances projecting not more than three (3) feet.
(41) AREA, GREEN - Land shown on a development plan, master plan, or official map for preservation, recreation, landscaping, or park.
(42) AREA. GROSS FLOOR - The sum of the gross area of all floors of a Building or Buildings, measured from the exterior faces of exterior walls or from the centerlines of walls separating two buildings. Gross floor area shall not include: (1) underground parking, (2) uncovered steps, or (3) exterior lines.
(43) AREA, GROSS LEASABLE - The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.
(44) AREA, LANDSCAPED - A portion of the site or property containing vegetation to exist after construction is completed. Some examples include natural areas, buffers, streetscapes, lawns and plantings.
(45) ART, GALLERY - An establishment engages in the sale, loan, or display of art books, paintings, sculpture, or other works of art.
(46) ART, PUBLIC - Any visual work of art, accessible to public view, on public or private property with the City neighborhood environs including residential, business, industrial building, or apartment complexes, parks, etc. The work of art may include but need not be limited to sculptures, murals, monuments, frescoes, fountains, paintings, stained glass or ceramics; but may not include any commercial speech or advertising copy that would classify the work as a sign.
(47) ARTIST STUDIO - Workspace for artists or artisans, including individuals practicing one or more of the fine arts or skilled in an applied art or craft.
(48) AS-BUILT DRAWING or PLAN - A site plan which represents the actual construction and/or development conditions and characteristics, which is generally completed after the construction and/or development have been completed.
(49) ASSEMBLY HALL - A meeting place at which the public or membership groups are assembled regularly or occasionally, including, but not limited to, schools, churches, theatres, auditoriums, funeral homes, stadiums, and similar places of assembly.
(50) ASSISTED LIVING CENTER - See Elderly Housing, Assisted Living Facility.
(51) ATHLETIC FIELD - Outdoor sites, often requiring equipment, designed for formal athletic competition in field sports.
(52) 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, blink (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.
(53) ATTIC - The part of a building that is immediately below and wholly or partly within the roof framing.
(54) AUTOMATED TELLER MACHINE (ATM) - An automated device that performs banking or financial functions at a location remote from the controlling financial institution. Such devices are considered to be accessory uses.
(55) AUTOMOBILE REPAIR FACILITY - 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, or installation of car alarms, stereo equipment, cellular telephones or similar customizations
(56) AUTOMOBILE REPAIR FACILITY, INCIDENTAL - Any building, structure or land used for the repair of maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles, and which is incidental to the primary use. Examples may include, but are not limited to, service bays associated with a gasoline station and battery and tire repair services and/or oil change services associated with automobile parts stores.
(57) AUTOMOTIVE PAINT SHOP - An establishment primarily engaged in automotive painting and refinishing.
(58) AUTOMOTIVE RENTALS - Establishments involved in renting passenger cars, noncommercial trucks, motor homes or recreational vehicles, including incidental parking and servicing of vehicles available for rent.
(59) AUTOMOTIVE / BOAT REPAIR SHOP - General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting services.
(60) AUTOMOTIVE SALES - Establishments involved in the retail sale of new and used automobiles, noncommercial trucks, motor homes or recreational vehicles, including incidental storage, maintenance and servicing.
(61) AUTOMOTIVE SUPPLY - An establishment primarily engaged in the retail sale of automotive parts, tires and accessories.
(62) AUTOMOTIVE TIRE SHOP - An establishment primarily engaged in the sale, installation and repair or re-trading of automotive tires.
(63) 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.
(64) BAKERY, RETAIL - An establishment primarily engaged in the retail sale of baked goods.
(65) BAKERY, WHOLESALE - An establishment primarily engaged in manufacturing bakery products for sale for home service delivery, or through one or more retail outlets.
(66) BARBER SHOP / BEAUTY SALON - An establishment where the practice of barbering and/or cosmetology is offered on a regular basis for compensation.
(67) BASE FLOOD - The flood that has been selected as the basis for flood plain management provisions. For the purposes of this article, the one hundred (100) year flood has been selected to serve as the base flood.
(68) BASE FLOOD ELEVATION - The elevation of the base flood as determined by the Flood Insurance Study for the City, dated October 26, 1984 and revised March 3, 1986 and as measured from the National Geodetic Vertical Datum. From that determination, boundaries for the land area subject to the waters of the one hundred (100) year flood have been established.
A. Within the approximated flood plain (F-3), the base flood elevation shall be established as the elevation of a representative point on the boundary of the approximated flood plain which is nearest to the construction site in question.
B. Within the floodway fringe (F-2), the base flood elevation shall be as established by the detailed study data and profiles contained in the Federal Emergency Management Flood Insurance Study, Community No. 540214, as revised March 31, 1986.
(69) 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. A basement shall be counted as a story, and thus included in all standards controlling the intensity of development.
(70) 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.
(71) BED AND BREAKFAST INN - A private residence that offers, for a fee, transient sleeping accommodations to visitors in up to five (5) rooms of an owner-occupied single-family dwelling; and provides, at no extra charge, breakfast to the guests. For purposes of this definition, transient shall mean that a room is rented for not more than thirty (30) days to any one visitor in any given calendar year.
(72) BIKEWAY - A pathway used for bicycling, walking and other recreation.
(73) BLOCK - Property having frontage on both sides of a street, and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier (including an alley between zoned areas).
(74) BOARD OF ZONING APPEALS - The Board of Zoning Appeals of the City of Parkersburg, West Virginia as officially constituted pursuant to Chapter 8A, Articles 1 through 12 of the Code of West Virginia, unless otherwise noted.
(75) BOARDING HOUSE FOR SHELTERED CARE - A profit or nonprofit boarding home, rest home or other home for the sheltered care of adult persons which in addition to providing food and shelter to four or more persons unrelated to the proprietor, may also provide personal care or services beyond food, shelter or laundry.
(76) BOUNDARY CHANGE, MAJOR - A major boundary change makes substantial adjustment to lot layout and/or improvements that will require Planning Commission review for the adequacy of drainage, roads, water, sewer, and any other improvements or conditions.
(77) BOUNDARY CHANGE, MINOR - A minor boundary change consist of lot line adjustments that do not affect public improvements.
(78) BREEZEWAY - A covered passage, open at least on one side, between two buildings.
(79) BREW PUB - A restaurant that manufactures up to 5,000 barrels of fermented malt beverages per year on premises for either consumption on premises in hand-capped or sealed containers, or sold directly to the consumer.
(80) BUFFER STRIP - Land area used to visually separate one use from another or to shield or block noise, light or other nuisances. A strip may be required to include fencing, berms, shrubs and/or trees.
(81) BUILDING - A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without opening through such walls, each portion of such a building shall be considered a separate structure.
(82) 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.
(83) BUILDING ENVELOPE - The area formed by the front, side and rear setback lines of a lot within which the principal building must be located.
(84) BUILDING FOOTPRINT - The outline of the total area of a lot covered by a building's perimeter. Where a building has a recessed ground floor, the footprint shall be construed to be the outline of the largest perimeter of the building, excluding architectural appurtenances or features as defined herein.
(85) BUILDING HEIGHT - The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof, and to the mean height between eaves and ridges of gable, hip and gambrel roofs. On lots with topographic elevation changes, the lot ground level shall be construed to mean the halfway point between the highest and lowest elevations of the building footprint.
(86) BUILDING LINE - The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line.
(87) BUILDING SITE or LOT - A single parcel of land occupied or intended to be occupied by a building or structure. A building site shall be synonymous with lot or parcel of land.
(88) BUILDING MATERIALS SUPPLIER - Establishment 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.
(89) 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.
(90) BUILDING, ACCESSORY - See ACCESSORY STRUCTURE
(91) BUILDING, DETACHED - A building having no structural connection with another building.
(92) BUILDING, FRONT LINE OF - The line of the face of the building nearest the front lot line.
(93) BUILDING, NONCONFORMING - The lawful use of a building or structure or portion thereof, existing at the time this Ordinance or amendments thereto take effect, and which does not conform to the height, area and yard regulations prescribed in the district in which it is located.
(94) BUILDING, PRINCIPAL - A building in which is conducted the main or principal use of the lot on which said building is situated.
(95) BUILD-TO-LINE - An alignment established a certain distance from the front property line to a lone along which the building shall be built.
(96) BULK REQUIRMENTS - Standards that control the height, density and location of structures.
(97) 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.
(98) BUS TERMINAL - See PASSENGER STATION
(99) BUSINESS OR COMMERCIAL USE - The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.
(100) BUSINESS CONDOMINIUM - A condominium project or condominium subdivision project that is designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for commercial or industrial use. These units must front on a street or provide frontage into a common parking area, with conforming ingress and egress into the common areas.
(101) BUSINESS INCUBATOR - An organization designed to accelerate the growth and success of entrepreneurial companies through an array of business support resources and services that could include physical space, capital, coaching, common services and networking connections.
(102) BY RIGHT - A use permitted or allowed in the district involved, and upon review has been determined to comply with the zoning provisions of this ordinance and other applicable ordinances and regulations.
(103) CALIPER - A horticultural method of measuring the diameter of nursery stock. For trees less than four (4) inches in diameter, the measurement should be taken at six (6) inches above the ground level. For trees greater than four (4) inches in diameter up to and including twelve (12) inches, the caliper measurement must be taken twelve (12) inches above the ground level. For trees greater than twelve (12) inches in diameter, the trunk is measured at breast height, which is 4.5 feet above the ground.
(104) CAMPUS - The grounds and buildings of a public or private college, university, school, hospital or other institution.
(105) 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 (3) feet from the face of a building shall be considered a canopy, and shall be subject to setback requirements.
(106) CAR WASH/DETAILING - The use of a site for washing and cleaning of passenger vehicles, recreational vehicles or other light duty equipment.
(107) CARETAKER'S RESIDENCE - A residence located on a premises with a main nonresidential use and occupied only by a caretaker or guard employed on the premises.
(108) CARPORT - A roofed structure not more than seventy-five percent (75%) enclosed by walls and for the purpose of providing shelter for one or more motor vehicles.
(109) CART-WAY - The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cart-way is that portion between the curbs.
(110) CEMETERY - Land used or intended to be used, for burying the deceased and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.
(111) CHANGE OF OCCUPANCY/USE - A discontinuance of an existing use and the substitution therefore 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.
(112) CHARITABLE, FRATERNAL, OR SOCIAL ORGANIZATION - A facility for administrative, meeting, or social purposes for a private or nonprofit organization, primarily for use by administrative personnel, members and guests. Examples include, but are not limited to: Lions Club, Veterans of Foreign Wars, etc.
(113) CHILD CARE CENTER - See Family Day Care Center and Family Day Care Home.
(114) CHURCH or PLACE OF WORSHIP - A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, or other such place for worship and religious activities. Customary accessory uses include a caretaker's residence, a meeting or activity hall, a gymnasium, a playground, the sale of items associated with the practice of religion, etc., but not a medical clinic, homeless shelter, rehabilitation center, etc.
(115) CITY - The City of Parkersburg, West Virginia.
(116) CITY COUNCIL - The City Council of Parkersburg, West Virginia.
(117) CLEAR VISION TRIANGLE - An area of unobstructed vision at street intersections between two and one half (2 ½) and eight (8) feet above the road surface and within a triangular area at the street corner, which area is bounded by the street property lines of the corner lot and a line connecting points twenty-five (25) feet distant from the intersection of the property lines of such lot.
(118) CLEAR-CUTTING - Removal of an entire stand of trees and shrubs.
(119) CLINIC, MEDICAL - An establishment providing medical, chiropractic, mental or physical health or surgical services exclusively on an outpatient basis, including emergency treatment and diagnostic services.
(120) CLINIC, VETERINARY - A use or structure intended or used primarily for the testing and treatment of animals on an emergency or outpatient basis. Veterinary Clinic shall not include the boarding or training of animals, except for medical purposes and shall not provide outdoor runs or kennels. Also includes Veterinary Hospital.
(121) CLUB OR LODGE - A use providing meeting, recreational or social facilities for a private or nonprofit association, primarily for use by members and guests.
(122) COIN-OPERATED CLEANING AND LAUNDRY SERVICE - An establishment providing coin-operated or similar self-service laundry and dry cleaning equipment for use on the premises.
(123) COMMISSION - See Planning Commission
(124) COMMON AREA - Any portion of a development that is not part of a lot or tract and is designed for the common usage of the development. These areas include green open spaces and may include such others uses as parking lots and pedestrian walkways. Maintenance of such areas is not the responsibility of City government and shall be set forth by the development association in the form of restrictive covenants, which shall guarantee the maintenance of these areas.
(125) COMMUNITY CENTER - A building used for activities that, through proximity to residents, benefit the community. Activities permitted include any combination of the following: meeting space for civic groups, clubs, or organizations, spaces for the provision of daycare services for up to 12 children; 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) more sale of such merchandise produced on-premises, and educational and/or instructional programs. Community centers may be owned and/or operated by pubic or private entities.
(126) COMMUNITY GARDENS - A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.
(127) COMPOSTING OPERATION - A solid waste processing facility specifically designed and operated for the express purpose of composting.
(128) COMPREHENSIVE PLAN - The City of Parkersburg Comprehensive Plan adopted by Ordinance by City Council, and as subsequently amended.
(129) CONDITIONAL USE - A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use and shall be authorized by the Board of Zoning Appeals.
(130) 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 is vested in the unit owners.
(131) CONFERENCE CENTER - A facility used for service organizations, business and professional conferences and seminars limited to accommodations for conference attendees. The accommodations can include sleeping, eating and recreation. A conference center is not designed solely to be utilized by the general public for overnight purposes.
(132) CONVENIENCE STORE, NEIGHBORHOOD - Any retail establishment with a floor area of less than 4,000 square feet offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood. The term is to be distinguished from Gas Station Mini-mart. No fuel sales are permitted on site.
(133) CONTINGUOUS - Lots, parcels, or municipal boundaries that are next to, abutting and having a boundary, or portion thereof, that is coterminous. Streets, highways, roads or other traffic or utility easements, streams, rivers, and other natural topography are not to be used to determine lots, parcels, or municipal boundaries as contiguous.
(134) COOPERATIVE - A common interest community in which the real estate is owned by an association, each of whose members is entitled by virtue of his ownership interest in the association to exclusive possession of a unit.
(135) COUNTRY CLUB - A club with recreational facilities for members, their families and invited guests.
(136) 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.
(137) 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.
(138) DAY CARE FACILITY - A facility, licensed by the State of West Virginia, providing care for the (a) functionally-impaired adults, or (b) elderly persons, or (c) children in a protective setting for a portion of a 24-hour day.
(139) DECK - A structure, without a roof, directly adjacent to a principal building, usually elevated above grade.
(140) DENSITY - The number of dwelling units situated on or to be developed on a net acre (or smaller unit) of land, which shall be calculated by taking the total gross acreage and subtracting surface water, undevelopable lands (e.g. wetlands) and the area in rights-of-way for streets and roads.
(141) DENSITY BONUS - The granting of the allowance of additional density in a development in exchange for the provision by the developer of other desirable amenities from a public perspective (e.g., public open spaces, plazas, art, landscaping, etc.)
(142) DEPARTMENT STORE - A retail store carrying a general line of apparel, home furnishings, floor coverings, major household appliances, and house wares. These and other merchandise lines are normally arranged in separate sections or departments with accounting on departmentalized basis, integrated under a single management.
(143) DEVELOPMENT - (1) 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; (2) Any mining, excavation, dredging, filling, grading, drilling or any land disturbance; or (3) any use or extension of the use of the land.
(144) DEVELOPMENT, CLUSTER - A development design technique that concentrates buildings in specific area on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive features.
(145) DEVELOPMENT, NEO-TRADITIONAL - An approach to land-use planning and Durban design that promotes the building of neighborhoods with a mix of uses and housing types, disciplined architectural variety, a central public gathering place, interconnecting streets and alleys, and edges defined by greenbelts or boulevards. The basic goal is integration of the activities of potential residents with work, shopping, recreation, and transit all within reasonable walking distance.
(146) DIAMETER AT BREAST HEIGHT (DBH) - Diameter at breast height, or the diameter in inches of a tree measured at four and one-half (4 ½) feet above the existing grade.
(147) DIRECTOR - The Director of Planning for the City of Parkersburg, West Virginia, unless otherwise noted.
(148) DISTRIBUTION CENTER - A use where goods are received and/or stored for delivery to the ultimate customer at remote locations. See Warehousing and Distribution.
(149) DOCK - A structure built over or floating upon the water and used as a mooring place for boats and other marine transport, fishing, swimming, and other recreational uses.
(150) DOCK, COMMERCIAL - A fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels on a commercial basis. A commercial dock does not include a marina. A commercial dock may exist independently or as an incidental part of a marina.
(151) DOCK, PRIVATE - A fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels and which does not produce income, and does not serve as an inducement for renting, purchasing, or using accompanying facilities. A dock may include a pier.
(152) DOG RUN - An enclosed outdoor area intended for the exercising and/or containment of dogs and similar animals.
(153) 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.
(154) DRAINAGE - (1) Surface water run-off; or (2) 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; or (3) the means for preserving the water supply and the prevention or alleviation of flooding.
(155) DRIP LINE - An imaginary vertical line that extends from the outmost branches of a tree's canopy to the ground.
(156) DRIVE-THROUGH FACILITY - Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
(157) DRIVEWAY - A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.
(158) DRIVEWAY, COMMON - A driveway shared by adjacent property owners and privately owned and maintained.
(159) DRIVEWAY, CROSS ACCESS - A service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system.
(160) DRIVING RANGE, GOLF - An area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack-bar and pro-shop, but excludes miniature golf courses and "putt-putt" courses.
(161) DRUG STORE - An establishment engaged in the retail sale of prescription drugs and patient medicines and which may carry a number of related products lines, such as cosmetic, toiletries, tobacco and novelty merchandise, and which may also operate a soda foundation or lunch counter.
(162) DRY CLEANING AND LAUNDRY SERVICE - An establishment providing dry cleaning and laundering services where dry cleaning and laundering are done on the premises.
(163) DWELLING - A building or portion thereof containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one or more families. Such definition shall not include Hotels, Motels, motor homes, tents, automobiles, rooming houses or any other facilities primarily intended to provide transient accommodations.
(164) DWELLING UNIT - A single unit providing complete, independent living facilities for a single housekeeping unit. In no case shall a motor home, trailer, hotel or motel, lodging or boarding house, automobile, tent, or portable building be considered a dwelling unit. Dwelling units are contained within single-family dwelling (in which case the definition is synonymous), garage apartments, two-family dwellings, mixed-use dwellings, and multifamily dwellings. Units without self-contained sanitary facilities and kitchens (as defined herein) are not classified as dwelling units, but rather are considered to be rental rooms.
(165) DWELLING, GARAGE APARTMENT - A single dwelling unit located above a detached garage, located on the same lot as a single-family, owner-occupied dwelling unit.
(166) DWELLING, MIXED USE - A building containing primarily residential uses with a subordinate amount of commercial and/or office uses on the ground floor in the front of the building facing the primary street frontage. Residential units can be on the ground floor, but cannot be accessed from any portion of the building that faces the primary street. Residential units can be located on the ground floor behind the commercial uses.
(167) DWELLING, MULTI-FAMILY - A freestanding building containing three (3) or more dwelling units, whether they have direct access to the outside, or access to a common building entrance. Multifamily dwellings can consist of rental apartment buildings, rental or owner occupied townhouse buildings, and rental or owner occupied condominium buildings, provided that all such freestanding buildings contain thee (3) or more dwelling units.
(168) DWELLING, OVERSTORE - A building which contains a non-residential use on the ground floor and a dwelling unit on the second floor above the commercial or office use. The residential use on the second floor shall be subordinate in use to the non-residential use. If the residential use contains more gross floor area than the non-residential use it shall be considered as a mixed use dwelling.
(169) DWELLING, SINGLE FAMILY - A freestanding building designed solely for occupancy by one family for residential purposes, as a single housekeeping unit.
(170) DWELLING, TOWNHOUSE - A one-family dwelling unit, with private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light, and ventilation. Setbacks are measured from the perimeter of the overall building.
(171) DWELLING, TWO-FAMILY - A freestanding building containing two (2) dwelling units, each of which has direct access to the outside.
(172) DWELLING, ZERO LOT LINE - The location of a building on a lot in such a manner that one or more the building's sides rest directly on a lot line.
(173) EASEMENT - That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.
(174) EASEMENT, CONSERVATION - A non-possessory interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open space values of real property; assuring its availability for agricultural, forest, recreational, or open space use; protecting natural resources; or maintaining air or water quality.
(175) ELDERLY HOUSING, ASSISTED LIVING FACILITY - A facility that provides primarily non-medical resident services to seven (7) or more individuals in need of personal assistance essential for sustaining the activities of daily living, or for the protection of the individual, excluding members of the resident family or person employed as facility staff, on a 24-hour a day basis.
(176) ELECTRICAL REPAIR - An establishment primarily engaged in repairing electrical and electronic equipment, such as electrical household appliances, television and audio equipment, and the like, but not including offices for electrical contractors.
(177) ELEVATION - (1) A vertical distance above or below a fixed reference level; or (2) a flat scale drawing of the front, rear or side of a building.
(178) EMERGENCY SHELTER - A residential facility which provides room and board for a temporary period, protection, counseling, and pre-placement screening for abused, displaced or transient adults or children.
(179) EMPLOYEE QUARTERS - Accessory residential structures that house people employed by the residents of the principal building or owners of the property and that is not used for rental purposes.
(180) EQUIPMENT RENTAL / SALES - An establishment involved in renting small tools and equipment, janitorial equipment and small furniture and appliances, such as baby beds, chairs and tables, televisions and audio equipment and so forth.
(181) EROSION - The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a combination thereof, or the detachment and movement of soil or rock fragments.
(182) ESSENTIAL UTILITIES AND EQUIPMENT - Underground or overhead electrical, gas, communications not regulated by the Federal Communications Commission, wat4er and sewage systems, including pole structures, towers, wires, lines, mains, drains, sewers, conduits, cables, fire alarm boxes, public telephone structures, traffic signals, hydrants, regulating and measuring devices therewith. Essential Utility and Equipment is recognized in three categories: (1) local serving; (2) non-local or transmission through the City; and (3) water and sewage systems, the activities of which are regulated, in whole or in part, by one or more of the following State agencies: Pubic Service Commission, Department of Environmental Protection; or, the Department of Health and Human Resources.
(183) ESTABLISHMENT - An economic unit, generally at a single physical location, where business is conducted or services or industrial operations performed.
(184) EXCAVATION - Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
(185) EXISTING USE - Use of land, buildings or activity permitted or in existence prior to the adoption of this ordinance. If the land, buildings or activity existed prior to the adoption of the ordinance, the use may continue to exist as a nonconforming use until abandoned for a period of one year: Provided, that in the case of natural resources, the absence of natural resources extraction or harvesting is not abandonment of the use.
(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) EXTRACTIVE INDUSTRY - The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gasses, such as natural gasses. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.
(188) FACADE - That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.
(189) FACADE, NONPRINCIPAL - The exterior walls(s) of a structure that doe not face a public right-of-way.
(190) FACADE, PRINCIPAL - Exterior walls of a building which are adjacent to or front on a public street, park, or plaza. There may be more than one principal facade on a building.
(191) FACTORY-BUILT HOMES - Modular and manufactured homes.
(192) FAMILY - One or more individual occupying a dwelling unit and living as a single housekeeping unit, also known as a household.
(193) 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.
(194) FARMER'S MARKET - The offering for sale of fresh agricultural products and/or products handmade, directly to the consumer at an open-air market or enclosed market designated by the City Council as a community activity.
(195) FENCE - An artificially constructed barrier of wood, masonry, stone, wire, metal or other manufactured material or combination of materials erected to enclose, screen, or separate areas.
(196) FILL - Sand, gravel, earth or other approved materials of any composition whatsoever placed or deposited by humans, for purposes of creating a new elevation of the ground.
(197) FINANCIAL SERVICES - An establishment primarily engaged in providing financial and banking services. Typical uses include banks, saving and loan institutions, credit unions, stock and bond brokers, loan and lending activities and similar services.
(198) FLEA MARKET - An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities or temporary structures. Flea markets shall not be construed to be farmers markets.
(199) FLOOD-PRONE AREA - Any land area susceptible to repeated inundation by water from any source.
(200) FLOODPLAIN OR FLOOD HAZARD AREA - Any land within the City adjoining any river, stream, or watercourse as delineated in the Flood Boundary & Floodway Map for Parkersburg, West Virginia, prepared by the Federal Emergency Management Agency (FEMA), which is subject to partial or complete inundation or an area subject to the unusual and rapid accumulation of runoff of surface waters from any source.
(201) FLOOR AREA - The sum of the gross horizontal areas of all floors, including basements, of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of enclosed required off-street parking areas shall not be included. Floor area for outdoor display of merchandise or customer seating, whether uncovered or covered by a tent or canopy, shall mean the smallest rectangular area encompassing the display or customer seating area.
(202) FLOOR AREA, GROSS - 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.
(203) FLOOR AREA, NET - The gross area of a floor or several floors of a building or structure, excluding those areas not directly devoted to the principal or accessory use of the building or structure, such as storage areas or stairwells, measured from the exterior faces of exterior walls or interior walls. Examples of areas to subtract from the gross floor area include stairways, storage rooms, mechanical equipment rooms, and other areas generally not accessible to the public.
(204) FRONTAGE - (1) The boundary of a lot fronting on a public street; (2) the front lot line.
(205) FUNERAL HOME/MORTUARY - A building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the storage of caskets, funeral urns, and other related funeral supplies, (c) the storage of funeral vehicles; and (d) facilities for cremation.
(206) FURNITURE RENTAL/SALES - Establishments where furniture is the main item offered for sale; however these places of business may also sell home furnishings, major appliances and floor coverings.
(207) GAMING ESTABLISHMENT - See Section 1361.08
(208) GARAGE, PRIVATE - A detached accessory or portion of a main building housing the automobiles of the occupants of the premises.
(209) GARAGE, PUBLIC - A building or part thereof for the parking or storage of motor vehicles and which is available for public use.
(210) GARDEN CENTERS - Establishments primarily engaged in selling containerized trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools and other garden and yard supplies to the general public and where no trees, shrubs or plants are grown on the premises.
(211) GAS STATION MINIMART - A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience store or supermarket.
(212) 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.
(213) 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.
(214) GOVERNING BODY - City Council of the City of Parkersburg.
(215) GOVERNMENT FACILITY - A building or structure owned, operated or occupied by a governmental agency or entity to provide a governmental service to the public. Such facility shall not be exempt from municipal zoning.
(216) GRADE - The average level of the finished surface of the ground adjacent to the exterior walls of the building
(217) GRADE, PERCENTAGE - The rise or fall of a slope in feet and tenths of a foot for each one hundred (100) feet of horizontal distance.
(218) GRANDFATHERED - The status accorded certain properties, uses, and activities that are legally existing prior to the date of adoption of the Zoning Ordinance or amendments of the Zoning Ordinance. No use that is nonconforming shall be permanently grandfathered after the adoption of this Ordinance. If nonconforming uses and structures are modified they are subject to regulations provided herein.
(219) GREEN AREA - Land shown on a development plan, master plan, or official map for preservation, recreation, landscaping, or park.
(220) GREENHOUSE, NON-COMMERCIAL - A building or structure constructed chiefly of glass, glasslike or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other weather sensitive plants.
(221) GREENHOUSE, COMMERCIAL - A building used for the growing of plants, all or part of which are sold at retail or wholesale.
(222) GROCERY STORE - A building used for the primarily food products in a space larger than 2,000 square feet.
(223) GROUND FLOOR - The first floor of a building other than a cellar or basement.
(224) GROUND COVER - Any evergreen or broadleaf evergreen plant that does not attain a mature height of more than one (1) foot. Sod and seed shall also be considered as qualifying groundcover.
(225) GROUP RESIDENTIAL FACILITY - A facility which is owned or leased by a behavioral health service provider and which: (1) provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled; (2) is occupied as a residence by not more than eight (8) individuals who are developmentally disabled and not more than three (3) supervisors, or is occupied as a residence by not more than twelve (12) individuals who are behaviorally disabled and not more than three (3) supervisors; (3) is licensed by the West Virginia Department of Health or the Division of Human Services; (4) complies with the West Virginia State Fire Commission for residential facilities.
(226) GROUP RESIDENTIAL HOME - A building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence. A behavioral health service provider may not lease a building to such persons if the provider is providing services to the persons without a license as provided for in the Code of the State of West Virginia, Chapter 27, Article 17, et seq., as amended.
(227) GUEST HOUSE - An attached or detached building that provides living quarters for guests and (a) contains no kitchen or cooking facility; (b) is clearly subordinate and incidental to the principal residence on the same building site; and (c) is not rented or leased, whether compensation be direct or indirect.
(228) 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.
(229) HARDWARE STORE - A facility of 30,000 or fewer square feet gross floor area, primarily engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies and cutlery. If the facility is larger than 30,000 square feet, then it is a HOME IMPROVEMENT CENTER.
(230) 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.
(231) HEALTH/SPORTS CLUB - A building or portion of a building designed and equipped for the conduct of sports, exercise, or other customary and usual recreational activities, operated for profit or not-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.
(232) HEAVY MACHINERY SALES - An establishment primarily engaged in marketing heavy machinery, such as road construction and maintenance machinery, mining machinery, agricultural machinery, industrial machinery and equipment, and so forth.
(233) HEIGHT - The vertical distance of a building or structure measured from the average grade level at the base of the building/structure 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.
(234) 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.
(235) HELISTOP or HELIPAD - An area designed to be used for the landing or takeoff of one (1) helicopter, the temporary parking of one (1) helicopter, and other facilities as may be required by federal and state regulations, but not including operation facilities such as maintenance, storage, fueling, or terminal facilities.
(236) 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 or structures or objects united historically or aesthetically by plan or physical development.
(237) HISTORIC LANDMARK - A site, building, structure or object designated as historic on a national, state or local register.
(238) 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.
(239) HOLIDAY DECORATIONS - A display 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.
(240) HOME GARDENING - The growing of vegetables, produce or other plants on individual private lots, by the owner or resident of the lot, for personal enjoyment or consumption, or for sale at off-premise locations such as farmers' markets, produce stands, etc. Such activities may occur in any zoning district without permits. This activity is distinguished from AGRICULTURAL ACTIVITY in that the latter is primarily commercial in intent and nature.
(241) HOME IMPROVEMENT CENTER - A facility of more than 30,000 square feet gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, builders hardware, paint and glass, house wares and household appliances, garden supplies, lumber, plumbing and electrical supplies, etc.
(242) HOME OCCUPATION - An occupation carried on in a dwelling unit by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof. All home occupations are subject to the regulations included in this Ordinance.
(243) HOMEOWNER'S ASSOCIATION - An organization of homeowners residing within a particular development whose major purpose is to maintain and provide community facilities and services for the common enjoyment of the residents.
(244) HOSPITAL - An institution specializing in giving clinical, temporary, and/or emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general practice.
(245) HOSPITAL, ANIMAL VETERINARIAN - An establishment where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be incidental to such hospital.
(246) 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.
(247) 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.
(248) HYPERMARKET - A large-scale (minimum of 100,000 square feet) self-service retail store selling food, drugs, household merchandise, clothing, and a variety of other retail goods. The store may, in some cases, include limited, ancillary commercial tenants within the main building, such as medical offices, postage stores, snack counters, coffee shops, hair salons, etc.
(249) IMPERVIOUS SURFACE - Surfaces that do not absorb water. Examples of such surfaces include buildings and concrete or asphalt parking areas, roads, sidewalks, or driveways.
(250) IMPROVEMENT - Any man-made, immovable item that becomes part of, placed on, or is affixed to real estate.
(251) IMPROVEMENT LOCATION PERMIT - A permit issued by the City of Parkersburg in accordance with the subdivision and land development ordinance, for the construction, erection, installation, placement, rehabilitation or renovation of a structure or development of land, and for the purpose of regulating development within flood-prone areas.
(252) INDUSTRIAL EQUIPMENT REPAIR - An establishment primarily engaged in repairing industrial equipment, including repairing heavy-construction and earth-moving equipment.
(253) INDUSTRIAL PARK - A planned, coordinated development of a tract of land designed to contain two (2) 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.
(254) INDUSTRIAL SUPPLIES - Establishments primarily engaged in marketing industrial supplies, such as bearings, boxes, gaskets, bottles, rubber goods, welding supplies, metal containers, and so forth.
(255) INDUSTRY, HEAVY - A use engaged in the basic processing and manufacturing of materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
(256) INDUSTRY, LIGHT - Research and development activities, the manufacturing, compounding, processing, packaging, storage, assembly, and/or treatment of finished or semi-finished products from previously prepared materials, which activities are conducted wholly within an enclosed building. Finished or semi-finished products may be temporarily stored outdoors pending shipment.
(257) INFILL DEVELOPMENT - To fill in vacant or underused land in existing communities with new development that blends in with its surroundings.
(258) INSTITUTIONAL USE - A school, religious institution, or other use operated by a public agency or nonprofit organization.
(259) INSTRUCTIONAL STUDIO - A facility offering educational instruction, having regular sessions with regularly employed instructors, but not a school as defined by the State of West Virginia.
(260) JUNKYARD - See SALVAGE YARD.
(261) KENNEL, COMMERCIAL - The boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain.
(262) 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.
(263) 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.
(264) LAND DEVELOPMENT - The development of one or more lots, tracts or parcels of land by any means for any purpose, but does not include easements, rights-of-way or construction of private roads for extraction, harvesting or transporting of natural resources.
(265) LAND TRUST - A private, nonprofit conservation organization formed to protect natural resources, such as productive farm and forest land, natural areas, historic structures, and recreational areas. Land trusts purchase and accept donations of conservation easements. They educate the public about the need to conserve land and some provide land-use and estate planning services to local governments and individual citizens.
(266) LANDSCAPED AREA - A portion of the site or property containing vegetation intended to exist after construction is completed. Landscaped areas include, but are not limited to, natural areas, buffers, streetscapes, lawns and plantings.
(267) 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.
(268) LANDSCAPING - The bringing of the soil surface to a smooth finished grade, installing sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.
(269) LANDSCAPING PLAN - A plan which contains the Site Plan requirements listed in the landscaping section of this ordinance.
(270) LAUNDROMAT - A business that provides washing, drying, and/or ironing machines for hire to be used by customers on the premises.
(271) LEVEL OF SERVICE (LOS) - The capacity of a roadway system to carry traffic is determined by the number and character of traffic lanes provided, the configuration and operation of intersections, and the number and character of access points adjoining the system. In traffic engineering terms, the adequacy with which a system functions is expressed in what is known as level-of-service. LOS is indicated by letter grades ranging from A to F, with an LOS of C or D being considered the minimum acceptable level. At intersections, LOS is measured by the average amount of delay that a driver experiences while trying to pass through the intersection during peak periods. For roadway sections, this measure is determined by the number and width of lanes, the width of shoulders, and the number of hills and curves, as compared with the traffic volume the road must carry.
(272) LIBRARY - A building containing printed, computerized and pictorial material for public use for purposes of study, reference and recreation.
(273) LIMOUSINE SERVICE - Any large, luxurious vehicle, especially one driven by a chauffeur and with a glass partition separating the driver and passengers.
(274) LIQUOR STORE - An establishment operated under the authority of the Code of the State of West Virginia, Chapter 60, Article 3 or 3A primarily engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine and whiskey, for off-premises consumption.
(275) LOADING DOCK/SPACE - A space or berth available for the loading and/or unloading of goods from commercial vehicles.
(276) LODGING OR ROOMING HOUSE - A building or portion thereof that does not qualify as a one- or two-family dwelling, that provides sleeping accommodations for no more than 16 people on a transient or permanent basis, without personal care services, with or without meals, but without separate cooking facilities for individual occupants.
(277) 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.
(278) LOT - See LOT OF RECORD
(279) LOT AREA - The total area within the lot lines of a lot, excluding any public streets and rights-of-way.
(280) LOT, BUILDING - A parcel of land that was legally existing at the time of adoption of this Ordinance, or is legally created through subdivision thereafter, upon which a building or structure may be erected in accordance with all relevant provisions in this Ordinance (including variance provisions, if applicable). Parcels of land that are created in violation of any provision of this Ordinance shall not be eligible for the issuance of permits to build any structure thereupon.
(281) LOT, CORNER - A lot located at the intersection of two or more streets.
(282) LOT COVERAGE - The total area covered, measured from the outside of the exterior walls, by all principal and accessory buildings on a lot. Open porches, decks, balconies and similar features that are not covered by a roof shall not be counted.
(283) LOT DEPTH - The distance measured from the front lot line to the rear lot line. Where the front and rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to rear lot lines at right angles to the front lot line, every ten (10) feet and averaging the length of these lines.
(284) LOT, FLAG - A polygonal-shaped lot with the appearance of a frying pan or flag and staff in which the handle is mot often used as the point of access. The handle, when less than the minimum width for a building lot in the zoning district in which it is located, is not be used in computing the minimum required lot area or delineating the minimum required building envelope.
(285) LOT FRONT - The side of a lot that abuts a public street. For corner lots, the shortest side fronting upon a street shall be considered the front of the lot. Where buildings exist on the lot, the frontage may be established by the orientation of the building, or of the principal entrance, if building orientation does not clearly indicate lot frontage. Where no other method determines conclusively the front of a lot, the Planning Director and/or Zoning Administrator shall select one frontage on the bases of traffic flow on adjacent streets, so that the lot is considered to front on the street with the greatest traffic flow.
(286) LOT, IRREGULAR - A lot of such shape or configuration that technically meets the area, frontage and width to depth requirements of the ordinance but has unusual elongations, angles, and curvilinear lines.
(287) LOT, NONCONFORMING - A lot or parcel of land that was of record and lawfully established and maintained by which, because of the enactment of this Ordinance, no longer conforms to the land-use standards of the zone in which it is located.
(288) LOT OF RECORD - A lot that is part of a subdivision or a parcel of land, the map or plat of which has been legally recorded with the Office of the County Clerk and, or, a lot or parcel of land, described by metes and bounds, the deed of which has been recorded with the Office of the County Clerk. No building permit shall be issued for any parcel created by metes and bounds description, unless said parcel conforms to all requirements herein or contained within this Ordinance.
(289) LOT, THROUGH - A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
(290) LOT WIDTH - The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback lines.
(291) MAJOR BOUNDARY CHANGE - See Boundary Change, Major.
(292) MINOR BOUNDARY CHANGE - See Boundary Change, Minor.
(293) MANUFACTURED HOME - Housing built in a factory according to the Federal Manufactured Home Construction and Safety Standards effective June 15, 1976.
(294) MANUFACTURED HOUSING SALES - Establishments primarily engaged in the retail sale of new and used mobile homes, new manufactured houses, and new modular homes, including incidental storage of homes and materials used in the preparation or transport of such homes to customers.
(295) MANUFACTURING, HEAVY - The manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large columns of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.
(296) MANUFACTURING, LIGHT - Light manufacturing includes (1) Laboratory manufacturing, which includes operations involving the compounding of products such as perfumes, pharmaceutical and the development and assembly of instruments and similar items; (2) Light fabrication and assembly process, which includes 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.
(297) MARINA, COMMERICIAL - A business engaged in the secure mooring of boats, including facilities for storage and repair of boats and sale of boating supplies and fuel.
(298) MARINA, PRIVATE - An establishment providing docking, moorage space, and related activities limited to the provisioning or minor repair of pleasure boats and yachts, and accessory facilities including, but not limited to showers, toilets, and self-service laundries. Use of a private marina is limited to the owner, resident, or guest, of the lot upon which the facility is located.
(299) MARINE SALES - An establishment primarily engaged in the retail sale of motorboats and other watercraft, marine supplies, and outboard motors, including no more than incidental storage.
(300) MARQUEE - A roof like structure than 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.
(301) MINERAL EXTRACTION OR MINING - All or part of the process involved in the mining of minerals by removing overburden and mining directly from the mineral deposits, open pit mining or minerals naturally exposed, mining by auger method, dredging and quarrying, underground mining and surface work incidental to an underground mine.
(302) MIXED-USE DEVELOPMENT - A single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas, but not a mixed use dwelling as defined in this ordinance.
(303) MOBILE HOME - A structure transportable in one or more sections which in the traveling mode is eight (8) feet wide or more in width or 32 feet or more in length or, when erected, is 320 or more square feet in area, and which is built on a permanent wheeled chassis. Suitable for year round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings.
(304) MOBILE HOME PARK -See Article 1356
(305) MODULAR HOME - A factory built single family house that is constructed in two or more pieces to be assembled upon the parcel of land upon which it is to be situated. Modular homes are designed and constructed so that, once erected on a permanent foundation, they are certified to meet the same building code as is required for a "Stick-built" house. For zoning purposes, such houses are considered to be identical to stick-built houses.
(306) MOTEL - An establishment providing transient lodging in which the guest rooms are usually accessible from an outdoor parking lot.
(307) MOTORCYCLE SALES - An establishment 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.
(308) MOVIE THEATER - An indoor theatre consisting of screens, audience seating and auditorium, and a lobby and refreshment stand.
(309) MUNICPAL SERVICES BUILDING - Facilities in which services traditionally provided by local units of government are located.
(310) NATIONAL REGISTER OF HISTORIC PLACES - The official list, established by the National Historic Preservation Act of sites, districts, buildings, structures and objects significant in the nation's history or whose artistic or architectural value is unique.
(311) NEIGHBORHOOD CONVENIENCE STORE - See CONVENIENCE STORE, NEIGHBORHOOD.
(312) NEWS STAND - A temporary structure, manned by a vendor that sells newspapers, magazines, and other periodicals.
(313) NONPROFIT ORGANIZATION - Any person(s), partnership, association, corporation or other group whose activities are conducted for unselfish, civic, or humanitarian motives, or for the benefit of others and not for the gain of any private individual or group and may include, but shall not be limited to, patriotic, philanthropic, social service, welfare, benevolent, education, civic, fraternal, cultural, charitable, scientific, historical, athletic, or medical activities. A non-profit organization shall be registered as such with the West Virginia Secretary of state and the Internal Revenue Service.
(314) NURSERY, PLANT - An establishment for the growth, display, and sale of plants, shrubs, trees and materials used in indoor or outdoor planting, conducted within or without an enclosed building.
(315) NURSING HOME - A facility licensed by the State of West Virginia for elderly, or chronically or incurably ill persons in which five (5) or more persons not of the immediate family are provided with food and shelter, or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
(316) OFF SITE - Location outside the lot lines of the lot in question.
(317) 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 twenty (20) percent of the gross revenue from the office, then the premises shall be considered a store rather than an office.
(318) OFFICE BUILDING - A building used primarily for offices that may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand.
(319) OFFICE EQUIPMENT REPAIR - An establishment involved in repairing office equipment, such as typewriters, copying machines, computers, calculators, and so forth.
(320) OFFICE, MEDICAL - An office for medical providers including doctors, surgeons and dentists.
(321) 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.
(322) OFFICE SUPPLIES - Places of business where stationery and office supplies, such as envelopes, typewriter and copier paper, file cards and folders, pens and pencils, and so forth, are the main items offered for sale.
(323) OIL CHANGE FACILITY - Operations that provide lubrication and/or checking, changing, or additions of those fluids and filters necessary to the maintenance of a vehicle. It is intended that these services will be provided while customers wait, generally within a fifteen (15) to thirty (30) minute time period. Rotation of tires is also permitted. If the establishment offers tire sales, tune-ups or other mechanical servicing and repair, then the facility shall be deemed an Automobile Repair Facility.
(324) ON SITE - Located on the lot that is the subject of an application for development.
(325) ONE HUNDRED (100) YEAR FLOOD - A flood that has one chance in one hundred or a one percent (1%) chance of being equaled or exceeded in any given year.
(326) OPEN SPACE - Any land or area devoid of buildings or structures, preserved for any of the following reasons: (1) conserve or enhance natural or scenic resources; or (2) promote protection of streams or water supply; or (3) promote conservation of soils, or wetland; or (4) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or (5) enhance recreational opportunities.
(327) OPEN SPACE, IMPROVED - Parks, playgrounds, swimming pools, ball fields, plazas, landscaped green spaces, and other areas that are created or modified by man. Improved open space shall not include spaces belonging to schools, community centers or other similar areas in public ownership.
(328) OPEN SPACE, NATURAL - Areas of natural vegetation, water bodies, or other landforms that are to be left undisturbed. Creation of a graded and surfaced walking trail through areas of natural open space shall constitute disturbance of the area in the amount of the length of the walking trail multiplied by its approximate average width. Natural open space shall not include schools, community centers or other similar areas in public ownership.
(Ord. 0-1350. Passed 4-28-09.)
(328A) OPERATOR - A person, organization, proprietorship, corporation or other similar entity lawfully operating a business located in the Central Business District, which possesses a valid State of West Virginia food vendor's permit and has been issued an Outdoor Dining Area permit by the City’s Development Department.
(328B) OUTDOOR DINING AREA - A confined area of the public sidewalk designated by a site plan approved by the City through the Development Department and located in the Central Business District, and which area is adjacent to Operator's building/permanent structure, where patrons may sit at tables while consuming food and beverages, which may include non-intoxicating beer contingent on proper licensure by the West Virginia Alcohol Beverage Control Administration.
(Ord. 0-1574. Passed 9-26-17.)
(329) OUTDOOR STORAGE - The storage of any material for a period of greater than twenty-four (24) hours, including items for sale or lease, processing, and repair (including vehicles) not in an enclosed building.
(330) OUTDOOR STORAGE, SEASONAL - Outdoor storage of items for retail sale that are, by their nature, sold during a peak season, including such items as fruits, vegetables, Christmas trees, pumpkins, lawn accessories, bedding plants, etc. and in conjunction with existing commercial establishments.
(331) OVERLAY DISTRICT - A zoning district that extends on top of a base zoning district and is intended to protect certain critical features and resources. Unlike with a planned unit development, overlay districts govern only development standards. The uses permitted in the underlying zoning district remain the same.
(332) PARAPET - The portion of a wall which extends above the roofline.
(333) PARCEL - A single lot or a grouping of old lots acquired by a single deed and considered as one buildable lot for zoning purposes. Parcels that consist of a grouping of old City lots acquired by a single deed may be subdivided for purposes of creating more buildable parcels, provided all regulations contained within this ordinance and the subdivision ordinance are adhered to.
(334) 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.
(335) PARK AND RECREATION SERVICES - Establishments which are non-commercial, not-for-profit facilities designed to serve the recreation needs of community residents. Such facilities include development recreation facilities (neighborhood parks), community parks, regional parks and special use facilities, school and religious institution, ball fields, football fields and soccer fields.
(336) PARKING AISLE - The clear space for either one or two-way traffic movement or maneuvering between rows of parking stalls.
(337) PARKING LOT, COMMERCIAL - A private parking lot that is the stand-alone use of a parcel, and whose stalls are leased to individuals for any length of time.
(338) PARKING LOT, PRIVATE - An open area, other than a street or alley, designed to be used for the temporary parking of more than four motor vehicles, whether free or for compensation, and available for private use or as an accommodation for clients or customers.
(339) PARKING, PUBLIC - A publicly owned or operated open area or parking structure, other than a street or alley, designed to be used for the temporary parking of more than four (4) motor vehicles, whether free or for compensation and available for public use or as an accommodation for clients or customers.
(340) PARKING SPACE - An off-street space available for the parking of one (1) motor vehicle.
(341) PARKING SPACE, COMPACT - A space in a garage or parking area, not less than eight (8) feet wide clear dimension and sixteen (16) feet long clear dimension, reserved for the parking of only one compact automobile.
(342) PARKING SPACE, HANDICAP - A space in a garage or parking area not less than thirteen (13) feet wide and eighteen (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.
(343) 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.
(344) PARSONAGE - The permanent place of residence of the pastor or minister of a church. May be considered accessory to a church.
(345) PASSENGER STATION - A facility designed to accommodate passengers who arrive and depart on commercial buses which may include management offices, bus parking or storage areas and personal services for passengers.
(346) PATIO - A level surfaced area directly adjacent to a principal building, side or rear walls at or within three (3) feet of the finished grade, without walls or a roof., within 30" of finished grade. Not intended for the parking or storage of vehicles.
(347) PATIO HOUSE - A detached, single family unit typically situated on a reduced size lot that orients outdoor activity within rear or side yard patio areas for better use of the site for outdoor living space.
(348) 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 area.
(349) PAWNSHOP - Any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property be taking chattel mortgage security thereon, and takes or receives such personal property.
(350) PENAL/CORRECTIONAL INSTITUTION - Facility for the confinement or safe custody of persons so confined as the result of a legal process and includes attendance centers established for persons sentenced to serve periods of community service.
(351) 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.
(352) PERFORMANCE GUARANTEE - Any security that may be accepted by a municipality as a guarantee that improvements required as part of an application for development are satisfactorily completed.
(353) PERMIMETER - The boundaries or borders of a lot, tract or parcel of land adjacent to property outside the project site.
(354) PERMIT, BUILDING - A document issued by the City of Parkersburg authorizing the applicant to undertake certain development activities in accordance with the provisions of this ordinance.
(355) PERMIT, ZONING - A document issued by the City of Parkersburg which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to all the applicable zoning provisions of this ordinance, or is an authorized variance there from.
(356) PERMITTED USE - Any use allowed within a zoning district, subject to the restrictions applicable to that zoning district and is not a conditional use.
(357) PERSON - Any association, company, corporation, firm, organization or partnership, singular or plural, of any kind.
(358) PERSONAL SERVICES - A business which is associated with the grooming of persons or the maintenance or repair of personal wardrobe articles and accessories, and may include a barber shop, beauty parlor, shoe repair shop, self-service laundry, but not a tattoo parlor. The definition shall apply whether or not the individual engaged in the offering of said service is required to be licensed by the State of West Virginia.
(359) PERSONAL STORAGE FACILITY - A building or group of buildings consisting of individual, self-contained units leased to individuals, organization, or businesses for self-service storage of personal property. Also referred to as mini-warehouses or self-storage facilities.
(360) PERVIOUS SURFACE - Area maintained in its natural condition, or covered by a material that permits infiltration of water into the ground.
(361) PLAN - A written description for the development of land.
(362) PLANNED UNIT DEVELOPMENT - An area under single ownership or control to be developed in conformance with an approved development plan, consisting of 1) a map showing the development area and all proposed improvements to the development area, 2) a text which sets forth the uses and the development standards to be met, and 3) exhibits setting forth any aspects of the development plan not fully described in the map and text. The map, exhibits, and text constitute a development plan. The uses and standards expressed in the development plan constitute the use and development regulations for the planned unit development site in lieu of the regulations for the underlying district. The purpose of the planned unit development is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new developments; to encourage a harmonious and appropriate mixture of uses and/or housing types; to facilitate the adequate and economic provision of streets, utilities and municipal services; to preserve critical natural environmental and scenic features of the site; to encourage and provide a mechanism for arranging improvements and sites so as to preserve desirable features; and, to mitigate the problems which may be presented by specific site conditions.
(363) PLANNING COMMISSION - The Planning Commission of the City of Parkersburg, West Virginia, as officially constituted pursuant to Chapter 8A, Articles 1 through 12 of the Code of West Virginia, unless otherwise noted.
(364) PLANNING DIRECTOR - The Director of the Division of Planning for the City of Parkersburg or his or her designee.
(365) PLAT - A map of the land development.
(366) PLAZA - An open space that may be improved, landscaped, or paved usually surrounded by buildings or streets.
(367) PORCH - A covered projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes and may be glazed or screened. If a porch is uncovered it is considered to be a deck. .
(368) PORTICO - A porch or walkway, open to the outside air that is covered by a roof supported by columns or pillars, typically leading to the entrance of a building. A portico is considered a "canopy" for purposes of determining signage.
(369) PREFERRED DEVELOPMENT AREA - A geographically defined area where incentives may be used to encourage development, infill development or redevelopment in order to promote well designed and coordinated communities.
(370) PRINCIPAL RESIDENCE- A dwelling which serves as the primary residence for the homeowner for a majority of the time during a year.
(Ord. 0-1712. Passed 8-23-22.)
(371) PRINTING/PUBLISHING - Facilities for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes may include photocopying, blueprint, facsimile sending and receiving, and offset printing services.
(372) PRIVATE CLUB - Any corporation or unincorporated association meeting the definition of private club as contained and utilized within the Code of West Virginia Chapter 60, Article 7, Section 1 et. seq. as the same applies to licensing for sale of alcoholic liquor. These establishments are permitted to sell liquor, beer and wine.
(373) PROFESSIONAL SERVICES - An establishment engaged in providing professional services such as consulting, legal, engineering and the like, but not including personal services.
(374) PUBLIC HEARING - A meeting announced, advertised in advance and open to the public, which the public is given an opportunity to talk and participate.
(375) PUBLIC IMPROVEMENT - Any improvement, facility, or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public utilities, cable television, or similar essential services.
(376) PUBLIC NOTICE - The advertisement of a public hearing in a paper of general circulation in the area and through other media sources, indicating the time, place and nature of the public hearing.
(377) PUBLIC PLACE - Any lots, tracts or parcels of land, structures, buildings or parts thereof owned or leased by a governing body or unit of government.
(378) QUADHOME/QUADRA-PLEX - A building containing four attached dwellings in one building in which each unit has two open-space exposures and shares two walls with an adjoining unit or units all of which have individually separate entrances from the exterior of the structure. Each dwelling has frontal access to a street. Each dwelling unit is individually deeded and owned.
(379) RECREATION FACILITY, COMMERCIAL, INDOOR - A privately owned commercial establishment designed and equipped for the conduct of sports, leisure activities and other recreational activities wholly within an enclosed building. Examples of such uses include but are not limited to health or fitness centers, indoor play areas, training studios for martial arts, gymnastics and dance, bowling alleys, shooting ranges and skating - skateboard rinks.
(380) RECREATION FACILITY, COMMERCIAL OUTDOOR - A privately owned commercial establishment designed and equipped for the conduct of sports, leisure activities and other recreational activities wholly or partially outside of any building or structure. Examples of such uses include but are not limited to swimming pools, driving ranges, miniature golf courses, amusement parks, skateboard facilities and go-cart tracks.
(381) RECREATIONAL VEHICLE (RV) - A vehicle built on a single chassis, containing four hundred (400) square feet or less when measured at the largest horizontal projections 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 unit, but as temporary living quarters for recreational camping, travel or seasonal use. This definition includes vehicles such as travel trailers, motor homes, boats, houseboats and campers.
(382) RECYCLABLE COLLECTION CENTER/SOLID WASTE TRANSFER STATION - A facility for the collection, separation, compaction, processing and storage of solid waste or recyclable materials until said waste can be transported or transferred to a sanitary landfill or other facility approved and licensed for the disposal of solid wastes or the recycling of materials by the State
(383) RECYCLING COLLECTION POINT - An accessory use, structure or enclosed are that serves as a neighborhood drop-off point for temporary storage of recyclable materials. A recycling collection point may also include a facility for the temporary collection of used clothing and household goods.
(384) 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.
(385) REPAIR, SMALL ENGINE OR MOTOR - An establishment primarily engaged in the repair or refurbishment of engines and motors, excluding passenger vehicles.
(386) 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.
(387) RESIDENTIAL CARE COMMUNITY -Any group of seventeen or more residential apartments, however named, which are part of a larger independent living community and which are advertised, offered, maintained or operated by an owner or manager, regardless of residential accommodations, personal assistance and supervision on a monthly basis to seventeen or more persons who are or may be dependent upon the services of others by reason of physical or mental impairment or who may require limited and intermittent nursing care but who are capable of self-preservation and are not bedfast. Individuals may not be disqualified for residency solely because they qualify for or receive services coordinated by a licensed hospice.
(388) RESTAURANT -A commercial establishment where food and beverages are prepared, served and consumed primarily within the principal building and where food sales constitute sixty (60) percent or more of the gross sales receipts.
(389) RESTAURANT, DRIVE-IN - An establishment whose primary business is serving food to the public for consumption on the premises by order from and service to vehicular passengers outside the structure.
(390) RESTAURANT, FAMILY - An establishment engaged in the preparation of food and beverages containing no more than 3,000 gross square feet and characterized primarily by table service to thirty (30) or fewer customers in non-disposable containers. Typical uses include cafes, coffee shops and small restaurants.
(391) RESTAURANT, FAST-FOOD - Restaurants where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or able
(392) 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 sales equal at least eight (80) percent of the gross sales of the business.
(393) RETAINING WALL - A wall or terraced combination of walls used to retain more than eighteen (18) vertical inches of material.
(394) 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.
(395) RIVER WALK - A publicly owned or privately owned way, generally open to the sky and unobstructed by buildings, that runs along the river edge and is open to the public during specified times. It may include without limitation, any combination of open space, paved areas, landscaped areas, pedestrian paths, and pedestrian furnishings.
(396) ROUNDABOUT/TRAFFIC CIRCLE - An island that may be landscaped and located at the intersection of two streets used to reduce traffic speeds and accidents without diverting traffic onto adjacent residential streets.
(397) 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.
(398) SALVAGE YARD - A facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment. Scrap or discarded material includes, but is not limited to, metal paper, rage, tires, bottles, motor vehicle parts, machinery, structural steel, equipment and appliances. The term includes facilities for separating trash and debris from recoverable resources, such as paper products, glass, metal cans, and other products that can be returned to a condition in which they may again be used for production. Also called a junk yard.
(399) SCHOOL - A facility offering educational instruction at one (1) or more levels from pre-kindergarten through grade twelve (12), that is licensed or otherwise sanctioned by the West Virginia State Board of Education.
(400) SCHOOL, TRADE or TECHNICAL - An educational establishment that provides on-site training of business, commercial, and/or trade skills.
(401) SETBACK - The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
(402) SETBACK, FRONT - The shortest distance from the street right-of-way line to the closet point of the foundation of a building or projection thereof.
(403) SETBACK, FRONT, ON CORNER LOTS - The front setback of a corner lot shall be measured from the side of the lot designated as the "front". On a corner lot, only one street line shall be considered a front line, which shall be the shorter street frontage.
(404) SETBACK, REAR - The minimum allowable distance between the building line and the rear lot line.
(405) SETBACK, SIDE - The minimum allowable distance between the building line and the side lot line.
(406) SHOOTING RANGE, INDOOR - The use of a structure for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.
(407) 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.
(408) SHOPPING CENTER, LARGE SCALE - A group of buildings larger than 30,000 square feet of gross floor area engaged in the sale or rental of goods for consumer or household use. This type of shopping center may or may not contain hypermarkets.
(409) SHOPPING CENTER, MEDIUM SCALE - A group of buildings of more than 10,000 square feet and not greater than 30,000 square feet of gross floor area engaged in the sale or rental of goods for consumer or household use; excluding, however, animal sales or service; building materials and/or supplies, sales, or rental; and food sales or markets.
(410) SHOPPING CENTER, SMALL SCALE - A group of buildings of 10,000 square feet or fewer of gross floor area engaged in the sale or rental of goods for consumer or household use; excluding, however, animal sales or service; building materials and/or supplies, sales or rental; and food sales or markets.
(411) EDITOR’S NOTE: Former subsection (411) was repealed by Ordinance 0-1574.
(412) 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.
(413) SIDEWALK VENDOR STAND - Any portable pushcart, or similar device used for the displaying, storing, or transporting of articles, which also may include food carts, offered for sale by a sidewalk vendor.
(414) SIGN - See SIGNS, Section 1364.02
(415) SITE - A lot, tract or parcel of land considered as one land-unit for purposes of this Ordinance.
(416) SITE-BUILT HOUSE - A residential housing unit wholly constructed on the parcel of land upon which it will be permanently located.
(417) SITE PLAN - A plan depicting the proposed development of a property, in terms of the location, scale and configuration of buildings and other features containing all the required information under the site plan review section of this Ordinance.
(418) SKETCH PLAN - A very informal sketch prepared by an applicant for presentation of concepts or ideas prior to initiating a preliminary plat of a subdivision.
(419) SLOPE - The face of an embankment, fill or cut section or any ground whose surface makes an angle with the plane of the horizon. Slope is expressed as a percentage, based upon the vertical difference in feet per one hundred (100) feet of horizontal distance.
(420) SMART GROWTH - Planning, regulatory, and development practices and techniques founded upon and promoting the following principles: (1) using land resources more efficiently through compact building forms, infill development, and modernization in street and parking standards in order to lessen land consumption and preserve natural resources; (2) supporting the location of stores, offices, residences, schools, recreational spaces, and other public facilities within walking distance of each other in compact neighborhoods that are designed to provide alternate opportunities for easier movement and interaction; (3) providing a variety of housing choices so that the young and old, single persons and families, and those of varying economic ability may find places to live; (4) supporting walking, cycling, and transit as attractive alternatives to driving; providing alternate routes that disperse, rather than concentrate, traffic congestion; and lowering traffic speeds in neighborhoods; (5) connecting infrastructure and development decisions to minimize future costs by creating neighborhoods where more people use existing services and facilities; and by integrating land use and development with transit routes and stations; and (6) improving the development review process and development standards to that the developers are encouraged to apply the principles stated above.
(421) SNACK BAR/SNACK SHOP - An establishment similar to a restaurant, but limited to the extent that no food is cooked on the premises other than heating by a microwave oven, no drive-through windows exist on the premises, and seating for customers does not exceed twelve (12).
(422) SPA-(HOT TUB) - A unit containing water primarily designed for non-therapeutic use which is not drained, cleaned or refilled for each individual. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles or any combination thereof. The term spa includes, but is not limited to hot tubs.
(423) SPORTING GOODS - Establishments primarily engaged in selling sporting goods, sporting equipment and accessories.
(424) SPOT ZONING - A change in district boundaries and area maps that violate sound principles of zoning and are characterized by the following: (a) individuals seek to have property rezoned for their personal benefit exclusive of the impact on others; (b) generally, the amount of land involved is small and limited to one or two owners; (c) the proposed rezoning would give privileges not generally extended to property similarly located in the area; (d) applications usually show little or no evidence of, or interest in, consideration of the general welfare of the public, the effect on surrounding property, whether all uses permitted in the classification sought are appropriate in the locations proposed, or conformity to the comprehensive plan (including alterations to the population density patterns and increase of load on utilities, schools, and traffic.); and (e) the district requested is not adjacent to the subject property.
(425) SPRAWL - Poorly planned or uncontrolled growth, usually of a low density nature, within previously rural or under-developed areas, that is land consumptive, auto-dependent, designed without respect to its surroundings, and some distance from existing development and infrastructure.
(426) SQUARE - Open spaces that may encompass up to an entire block, located at the intersection of important streets, and set aside for civic purposes, with landscaping consisting of paved walks, lawns, trees, and civic buildings.
(427) STACKING LANE - An area for temporary queuing of motor vehicles.
(428) STAFF - Planning and/or other City of Parkersburg department staff.
(429) START OF CONSTRUCTION - The first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, or any work beyond the state of excavation, or the placement of a manufactured home on a foundation.
(430) STATE - The State of West Virginia, unless otherwise specified.
(431) STEALTH TECHNOLOGY - Towers designed with alternative design structures such as clock towers, artificial trees and similar non-traditional structures that are compatible with the surroundings and camouflage or partially conceal the presence of telecommunications towers. Antennae erected on alternative structures such as ball field light poles, electric utility poles, water towers and similar existing structures.
(432) STORAGE, OUTSIDE - The storage, collection or display for more than three (3) consecutive days, or any part of a day for three (3) consecutive days, of any products, materials, equipment, appliances, vehicles not in service, and/or personal property of any kind on an unenclosed, uncovered area.
(433) STORMWATER MANAGEMENT - Any storm water management technique, apparatus, or facility that controls or manages the path, storage, or rate of release of storm water runoff. Such facilities may include storm sewers, retention or detention basins, drainage channels, drainage swales, inlet or outlet structures, or other similar facilities.
(434) STORMWATER MANAGEMENT FACILITY - Any ditch, gutter, pipe, culvert, swale, storm sewer or other structure designed, intended or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public rights-of-way, parks, recreational areas or any part of any subdivision, land area or contiguous land areas.
(435) STORY - The average height of any structure exceeding twelve (12) feet. Each twelve (12) feet or fraction thereof of total building height shall be considered a separate story, except the first story, which may be fifteen (15) feet in height.
(436) STREET - A public or private way, avenues, boulevards, highways, roads, lanes, alleys and all public rights-of-ways.
(437) 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.
(438) 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.
(439) STREET, CUL-DE-SAC - A street with a single common ingress and egress and with a turnaround at the end.
(440) STREET, DEAD END - A local street open at one end only and without a special provision for vehicles turning around.
(441) STREET FRONTAGE - The distance along which a property line of a lot adjoins a public or private street..
(442) STREET, FRONTAGE ROAD - A minor street, parallel to and adjacent to an arterial street, whose primary purpose is providing access to abutting properties.
(443) STREET FURNITURE - Above ground items that are usually found in street rights-of-way, including but not limited to benches, plants, canopies and shelters.
(444) 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 connecting.
(445) STREET, LOOP - A short, independent street that usually terminates along the same collector street of its origin.
(446) STREET, PRIVATE - Any street that is not publicly owned and maintained, and used for access by the occupants of the development, their guests, and the general public.
(447) STREET, RESIDENTIAL - A street used primarily for access to abutting properties, usually residential.
(448) STREET ALTERATION - (1) Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any rebuilding of the roof or exterior walls; (2) a change in the supportive structure of a sign such as support beams or poles, uprights or braces, cabinet supports, or any rebuilding of the supportive elements of a sign; (3) any action that changes the height, size or shape of a sign or any action that affects the structural supports of a sign so as to prolong the life of a sign.
(449) STRUCTURE - (1) A combination of materials forming an edifice or building of any kind, or any piece of work artificially built up or comprised of parts joined together in some definite manner, but excluding the following: retaining walls; fences not over six feet high; platforms or decks not more than thirty (30) inches above grade and not over any basement or story below; utility mains, lines, and underground facilities; and yard and play equipment; (2) a permanent structure built of materials in a manner that would commonly be expected to remain useful for a substantial period of time; (3) a temporary structure is built of materials in a manner that would commonly be expected to have relatively short useful life, or is built for a purpose that would be expected to be relatively short-term in duration.
(450) STRUCTURE, ACCESSORY - A subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure must be incidental and accessory to the use of the principal building. Accessory structure includes detached garages.
(451) STRUCTURE, DETACHED - A structure with no vertical common or party wall with another structure.
(452) STRUCTURE, NONCONFORMING - a structure, or portion thereof, that no longer conforms to the site area, coverage, setback or other regulations prescribing physical development standards for the district in which the structure is located.
(453) SUBDIVISION OR PARTITION - The division of a lot, tract or parcel of land into two or more lots, tracts or parcels of land, or the recombination of existing lots, tracts, or parcels.
(454) SUBDIVISION, MAJOR - Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five (5) or more lots, or any size subdivision requiring any new street, other than an internal access drive in a shopping center or office park, or extension of the local governmental facilities, or the creation of any public improvements.
(455) SUBDIVISION, MINOR - Any subdivision containing not more than four (4) lots, that does not involve any new street or the extension of municipal facilities, do not require the creation of any new public improvements, and are not in conflict with any provision or portion of the comprehensive plan, official zoning map or this ordinance.
Such subdivisions are reviewed by the Planning Director.
(456) SUBSTANCE ABUSE TREATMENT FACILITY - Structures or land used for the treatment of alcohol or other drug abuse where no meals or lodging is provided.
(457) SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
(458) SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. Includes structures that have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either: (1) 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 (2) any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
(459) SWIMMING POOL - Any basin chamber or tank constructed of impervious material, located either indoors or outdoors containing an artificial body of water for swimming or recreational bathing.
(460) TANNING STUDIO - Any business that uses artificial lighting systems to produce a tan on an individual's body. The use specifically excludes spas, gymnasiums, athletic clubs, health clubs and any exercise equipment.
(461) TAXI - Any motor vehicle offered to the pubic by a taxicab service for the purpose of carrying or transporting passengers for a charge or a fee.
(462) TAXICAB SERVICE - A service that offers transportation in passenger automobiles and/or vans to persons for compensation.
(463) TATTOO PARLOR/BODY-PIERCING STUDIO - An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) 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; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
(464) TERMINAL, TRUCK OR TERMINAL, MOTOR FREIGHT - Any premises used by a motor freight company regulated by the public utility commission and/or the Interstate Commerce Commission as a carrier of goods, which is the origin and/or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods.
(465) TERMINAL, WATERPORT - A transportation facility in which quantities of goods or container cargo are stored without undergoing any manufacturing processes, transferred to other carriers, or stored outdoors in order to transfer them to other locations.
(466) THEATER - An establishment offering to the public movies or live performances.
(467) THIS ORDINANCE - All portions of this Zoning Ordinance including the Official Zoning Maps for the City of Parkersburg, West Virginia as adopted by the Parkersburg City Council and as subsequently amended.
(468) TIMBERING - The removal by select-cut or clear-cut of trees and brush, for commercial or personal purposes, which would allow the possibility of additional stormwater runoff and/or erosion.
(469) TOWNHOUSE - A one-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light, and ventilation. Ownership; each dwelling unit is individually deeded and owned.
(470) TOWING SERVICE - A business authorized and regulated as a common carrier by the Public Service Commission of West Virginia engaged in the business of towing, hauling or carrying wrecked or disabled vehicles and storing such vehicles inside or outside in an area surrounded by an 8' opaque fence for a period not to exceed fourteen (14) days, all in accordance with PSC Rule 5.9a for Motor Carriers. (Ord. 0-1552. Passed 10-25-16.)
(471) TRADITIONAL NEIGHBORHOOD DESIGN - A "Smart Growth" development that exhibits several of the following characteristics: alleys, streets laid out in a grid system, buildings oriented to the street, front porches on houses, pedestrian orientation, compatible, mixed land uses, village squares and greens.
(472) 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.
(473) TRAFFIC IMPACT ANALYSIS - A formal analysis prepared by a traffic engineer or transportation planner, on the effect of traffic generated by a development on the capacity, operations, and safety of the public street and highway system.
(474) TRANSIENT AMUSEMENT ENTERPRISE - Carnivals, circuses or other similar transient amusement enterprise.
(475) TRANSIT-ORIENTED DEVELOPMENT - Moderate and high-density housing concentrated in Mixed-Use Development located along transit routes. Land is developed for commercial, industrial, social and public uses to complement and service the community. The location, design and mix of uses in a TOD emphasize pedestrian-oriented environments and encourage the use of public transportation.
(476) TREE - A plant having at least one (1) well defined stem or trunk and normally attaining a mature height of at least fifteen (15) feet, with an average mature spread of fifteen (15) feet, and having a trunk that shall be kept clear of leaves and branches at least six (6) feet above grade at maturity.
(477) TREE, PUBLIC - Any tree located on City-owned or controlled property including parks, street rights-of-ways, parkways, etc.
(478) TRIPLEX - A detached residential structure containing three (3) and only three (3) dwelling units, designed for occupancy by not more than three (3) families living independently of each other. Such units are also classified as multi-family.
(479) UNIVERSITY OR COLLEGE - A public or private institution providing full-time or part-time education beyond the high school level and including any lodging rooms or housing for students or faculty. Business and trade schools are not considered colleges or universities.
(480) UNNECESSARY HARDSHIP - A hardship by reason of exceptional shape of a lot, exceptional topographic conditions, or other exceptional physical conditions of a parcel of land. Unnecessary hardship shall not include personal or financial hardship or any other hardship that is self-imposed.
(481) UPHOLSTERY/INTERIOR DECORATING SERVICE - An establishment offering re-upholstery and repair services and specific upholstery materials for sale.
(482) URBAN AREA - All lands or lots within the jurisdiction of the Parkersburg Municipal Planning Commission.
(483) USE - The conduct of an activity or the performance of a function or operation, on a site or in a building.
(484) USE, ACCESSORY - A land use that is (1) subordinate in area, extend and purpose to the principal use; (2) contributes to the comfort, convenience, or necessity of the principal use; and (3) is located on the same lot and in the same zoning district as the principal use.
(485) USE, CONDITIONAL - A use, which because of special requirements or characteristics, may be permitted in a particular zoning district, only after review by the Board of Zoning Appeals and upon issuance of a Conditional Use, and subject to the limitations and conditions specified in this ordinance.
(486) USE, EXISTING - The use of land, buildings or activity permitted or in existence prior to the adoption of this ordinance. If the use is nonconforming and lawfully existed prior to the adoption of this ordinance, the use may continue to exist as a Nonconforming Use until abandoned for a period of one year; Provided, that in the case of natural resources, the absence of natural resources extraction or harvesting is not abandonment of the use.
(487) USE, NONCONFORMING - A structure, land use or parcel of land that was valid when brought into existence, but by subsequent regulation becomes no longer conforming to the provisions of this ordinance.
(488) USE, PERMITTED - Any use allowed with a zoning district, subject to the restrictions applicable to that zoning district and is not a Conditional Use.
(489) USE, PRINCIPAL - The primary use of any lot.
(490) USE, PUBLIC - A use by 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.
(491) USED MERCHANDISE (GENERAL) - A store engaged in the retail sale of used merchandise, antiques and secondhand goods, such as clothing, furniture, musical instruments, cameras, phonographs, and so forth.
(492) UTILITY - A public or private distribution service to the public that is regulated by the Public Service Commission.
(493) VARIANCE, SUBDIVISION - A deviation from the minimum subdivision standards of this ordinance.
(494) VARIANCE, ZONING - A deviation from the minimum zoning standards of this ordinance and shall not involve permitting land uses that are otherwise prohibited in the zoning district nor shall it involve changing the zoning classification of a parcel of land.
(495) VESTED RIGHT - A right to undertake and complete a land development. The right is established when a site plan is approved by the Planning Commission and is only applicable under the terms and conditions of the approved site plan.
(496) VISTA - A range of sight including pleasing views or scenes. Vistas include but are not limited to the sight of geologic features, bays, rivers, skylines, bridges and distant cities or towns.
(497) VISUAL ANCHOR - An important building, monument, or civic structure that serves to terminate a vista, or as a dominant focal point for the average motorist or pedestrian.
(498) WALL, EXTERIOR - A vertical, structural component of a building which encloses habitable or usable space; a parapet extending not more than twelve (12) inches above a flat roof shall be considered part of the exterior wall for purposes of determining signage.
(499) 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.
(500) WAREHOUSING AND DISTRIBUTION - Establishments involved in storing, stocking or distributing of merchandise or commodities.
(501) 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. (Ord. 0-1340. Passed 4-28-09.)
(502) WRECKER SERVICE - A business authorized and regulated as a common carrier by the Public Service Commission of West Virginia engaged in the business of towing, hauling or carrying wrecked or disabled vehicles and storing such vehicles inside or outside in an area surrounded by an 8' opaque fence for a period not to exceed fourteen (14) days, all in accordance with PSC Rule 5.9a for Motor Carriers. (Ord. 0-1552. Passed 10-25-16.)
(503) YARD - FRONT - An open, unoccupied space on a lot facing a street, extending across the front of the lot between the side lot lines and from the outermost surface of the main structure to the front lot line.
(504) YARD-REAR - An open, unoccupied space, except for accessory structures as permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a minimum depth between the main building and the rear lot line as specified for the district in which the lot is located.
(505) YARD-SIDE - An open area extending from the front yard to the rear yard between the principal building and the nearest side lot line measured perpendicular from the side lot line to the nearest point of the principal building.
(506) ZONING - The division of the municipality into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones.
(507) ZONING MAP - The map or maps that geographically illustrate all zoning district boundaries within the City of Parkersburg, as described within this ordinance, and which is certified as the official zoning map for the City.
(508) ZONING ADMINISTRATOR - The Person appointed or employed by the City and who has the authority to administer this ordinance and to issue related permits.
(509) ZONING PERMIT- A document signed by the Zoning Administrator, as required by this ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building which acknowledges that such use, structure or building complies with the provisions of this ordinance or authorized variance by the Board of Zoning Appeals.
(Ord. 0-1340. Passed 4-28-09.)
1329.01 BOARD ESTABLISHED; MEMBERSHIP, TERM AND VACANCY; EXPENSE REIMBURSEMENT.
A Board of Zoning Appeals is hereby established which shall consist of five members to be appointed by Council, one for a term of one year, two for terms of two years and two for terms of three years. Terms shall expire on January 1 of the first, second or third year respectively, following their appointment. Thereafter, as their terms expire, each new appointment shall be for a term of three years. If a vacancy occurs, by resignation or otherwise, Council shall appoint a member for the unexpired term.
Members of the Board shall be residents of the City, and three-fifths of the members shall have been residents of the City for at least ten years preceding the time of their appointment. No two members shall come from the same election district. No member of the Board shall be a member of the City Development Department, nor shall any member hold other elective or appointive office in the City or County Government. Members of the Board shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their official duties.
(Ord. A-3173. Passed 4-13-76.)
1329.02 RULES; OFFICERS; MEETINGS; QUORUM; RECORDS.
(a) The Board of Zoning Appeals shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this Zoning Ordinance. At the first meeting of each year the Board shall elect a Chairman and Vice-Chairman from its members. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine.
(b) The Chairman, or in his absence, the Vice-Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. A majority of members of the Board shall constitute a quorum. No action of the Board shall be official unless authorized by a majority of the members present at a regular or properly called special meeting.
(c) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board. (Ord. 0-1544. Passed 7-26-16.)
1329.03 APPEALS TO BOARD; HEARING TIME AND NOTICE.
Appeals to the Board of Zoning Appeals concerning interpretation of administration of this Zoning Ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the City affected by any decision of the administrative official. Such appeals shall be taken within a reasonable time, not to exceed twenty days following the denial of a certificate of zoning compliance, or twenty-one days following the legal advertisement giving notice that a certificate of zoning compliance has been issued, by filing with the administrative official and with the Board a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the Board all documents, plans and papers constituting the record upon which the action appealed from was taken.
The Board shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.
(Ord. A-2530. Passed 2-27-73; Ord. 0-852. Passed 7-22-97.)
1329.04 STAY OF PROCEEDINGS.
An appeal stays all proceedings and work on premises concerned in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board of Zoning Appeals, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings or work shall not be stayed other than by a restraining order which may be granted by the Circuit Court of the County on application, on noitce to the administrative official from whom appeal is taken, and the owner of the premises affected, and on due cause shown. (Ord. A-2530. Passed 2-27-73.)
1329.05 POWERS AND DUTIES.
The Board of Zoning Appeals shall have the following powers and duties:
(a) Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this Zoning Ordinance.
(b) Conditional Uses: Conditions Governing Applications and Procedures. To hear, decide on and authorize only such conditional uses as the Board is specifically authorized to pass on by the terms of this Zoning Ordinance; to decide such questions as are involved in determining whether conditional uses should be granted; and to authorize conditional uses with such conditions and safeguards as are appropriate under this Zoning Ordinance; or to deny conditional uses when
not in harmony with the purpose and intent of this Zoning Ordinance. A conditional use shall not be authorized by the Board unless and until:
(1) A written application for a conditional use is submitted indicating the section of this Zoning Ordinance under which the conditional use is sought.
(Ord. A-2530. Passed 2-27-73.)
(2) Notice shall be given at least thirty days in advance of a public hearing in a local newspaper. The owner of the property for which the conditional use is sought, or his agent, as well as the abutting property owner, shall be notified by mail. Notice of such hearings shall be posted on the property for which the conditional use is sought, at City Hall and in one other place at least ten days prior to the public hearing.
(Ord. 0-576. Passed 10-10-89.)
(3) The public hearing shall be held. Any party may appear in person or by agent or attorney.
(4) The Board shall make a finding that it is empowered, under the section of this Zoning Ordinance described in the application, to authorize the conditional use, and that the authorization of the conditional use will not adversely affect the public interest.
In authorizing any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance, and such additional conditions and safeguards as the Board may deem necessary for the protection of abutting properties and the public welfare. Violation of such conditions and safeguards when made a part of the terms under which the conditional use is authorized, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1331.99. The Board shall prescribe a time limit within which the action for which the conditional use is required shall be begun or completed, or both. Failure to begin or complete such condition, or both, within the time limit set shall void the authorization for the conditional use. (Ord. A-2530. Passed 2-27-73.)
(c) Variances: Conditions Governing Applications and Procedure: To authorize upon appeal in specific cases such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. A variance from the terms of this Zoning Ordinance shall not be granted by the Board unless and until:
(1) A written application for variance is submitted demonstrating that:
A. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not generally applicable to other lands, structures or buildings in the same district or vicinity.
B. A literal interpretation of the provisions of this Zoning Ordinance would result in unnecessary hardship to the applicant.
C. The reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance to make possible the reasonable use of the land, building or structures.
D. The granting of the variance will be in harmony with the general purpose and intent of this Zoning Ordinance and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare, and will result in substantial justice being done.
(2) Notice of public hearing shall be given. See Paragraph (b)(2) hereof.
(3) The public hearing shall be held. Any party may appear in person or by agent or attorney.
(4) The Board shall make findings that requirements of paragraph (c)(1) hereof have been meet by the applicant for a variance.
No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1331.99.
Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Zoning Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Ordinance in such district. (Ord. 3795. Passed 8-22-78.)
(d) Decisions of the Board. In exercising these powers, the Board may so long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.
The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the administrative official; or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Ordinance; or to effect any variation in the application of this Zoning Ordinance. (Ord. A-2530. Passed 2-27-73.)
1329.06 APPEALS FROM THE BOARD.
Any person, firm or corporation, or any board, taxpayer, department, board or bureau of the City, jointly or severally aggrieved by any decision of the Board of Zoning Appeals, may seek review by certiorari to the Circuit Court of the County of such decision in the manner provided by the laws of the State, and particularly by W. Va. Code 8-24-59 et seq.
(Ord. A-2530. Passed 2-27-73.)
1329.07 TIME LIMIT AND NOTIFICATION OF CONDITIONAL USE APPLICATION DECISIONS.
All applications for principal conditional uses shall be decided within sixty days of the date of application and the applicant shall be provided with a written notice of either approval or denial.
(Ord. A-2530. Passed 2-27-73.)
1329.08 DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD, COUNCIL AND COURTS ON MATTERS OF APPEAL.
(a) Duties of Administrative Official, Board and Courts. It is the intent of this Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the administrative official, and that recourse from the decisions of the Development Department or the Board shall be to the courts as provided by law, and particularly by W. Va. Code Article 8-24.
(b) Duties of Council. It is further the intent of this Zoning Ordinance that the duties of Council, in connection with this Zoning Ordinance, shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Zoning Ordinance. Under this Zoning Ordinance, Council shall have only the duties of: considering and adopting or rejecting proposed amendments or the repeal of this Zoning Ordinance, as provided by law; and establishing a schedule of fees and charges.
(Ord. A-2530. Passed 2-27-73; Ord. 3176. Passed 3-23-76.)
1331.01 ADMINISTRATION AND ENFORCEMENT.
The administrative officials designated by Council shall administer and enforce this Zoning Ordinance. They may be provided with assistance of such other persons as Council directs.
If the administrative official finds that any of the provisions of this Zoning Ordinance are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Zoning Ordinance to insure compliance with, or to prevent violation of, its provisions.
(Ord. 0-1093. Passed 9-9-03.)
1331.02 BUILDING PERMITS REQUIRED; DENIAL OF PERMIT.
No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the Code Enforcement/Zoning Division. No building permit shall be issued except in conformity with the provisions of this Zoning Ordinance except after written order from the Board of Zoning Appeals.
The administrative official shall have the authority to deny and prevent any and all permits to any applicant who is delinquent in paying any fees, taxes, or interest or penalty thereon due and owing to the City. Any permit that has been so denied may be issued upon payment of all such delinquent fees, taxes, interest and penalty thereon.
(Ord. 0-1053. Passed 1-14-03; Ord. 0-1093. Passed 9-9-03.)
1331.03 APPLICATION FOR BUILDING PERMIT.
All applications for building permits shall be accompanied by plans, in triplicate with one additional site plan and drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Code Enforcement/Zoning Division, including existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, dwelling units or rental units the building is designed to accommodate; conditions existing on the lot, including existing drainage and proposed drainage; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Zoning Ordinance. Said plans will be distributed by the Code Enforcement/Zoning Director’s office to the appropriate departments.
One copy of the plans shall be returned to the applicant by the Code Enforcement/Zoning Division after such copy has been marked as either approved or disapproved, and attested to the same by the signature of an authorized representative of the Code Enforcement/Zoning Division on such copy. The remaining copies of the plan, similarly marked, shall be retained by the City Engineering Division and the Fire Department.
No plans are required to be submitted with the application for a building permit when existing buildings are not to be structurally altered.
(Ord. 0-1093. Passed 9-9-03.)
1331.04 EXPIRATION OF BUILDING AND ZONING PERMIT.
If the work described in any building permit has not begun within six months from the date of issuance thereof, the permit shall expire and be canceled by the Code Enforcement/Zoning Division, and written notice thereof shall be given to the persons affected.
The zoning permit shall expire one year from the date of issuance unless the proposed work has begun.
(Ord. 0-1093. Passed 9-9-03.)
1331.05 ZONING PERMIT FOR NEW, ALTERED OR NONCONFORMING USES.
No person shall use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a zoning permit has been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this Zoning Ordinance.
The zoning permit shall state specifically wherein the nonconforming use differs from the provisions of this Zoning Ordinance. Failure to make such application shall be presumptive evidence that the property was in conforming use at the time of adoption or amendment of this Zoning Ordinance.
No permit for erection, alteration, moving or changing of any structure shall be issued until an application has been made for a zoning permit.
A temporary zoning permit may be issued by the administrative official for a period not exceeding twelve months and may be extended by Council during alterations or partial occupancy of a structure pending its completion, provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.
The administrative official shall maintain a record of all zoning permits, and copies shall be furnished upon request, to any person. Failure to obtain a zoning permit shall be a violation of this Zoning Ordinance and punishable under Section 1331.99.
(Ord. O-1093. Passed 9-9-03.)
The administrative official shall cause notice of the issuance of a zoning permit to be published once in a local newspaper of general circulation within three weeks of the issuance of the permit and shall collect from the applicant a fee of ten dollars ($10.00) to cover publication costs. Any surplus fees collected shall be used for the maintenance and upgrading of City maps and zoning boundaries. The legal notice shall include the applicant’s name, the property address, and a brief description of the type of project.
(Ord. O-1262. Passed 5-22-07.)
1331.06 CONSTRUCTION AND USE TO BE AS PROVIDED IN BUILDING PERMITS AND ZONING PERMITS.
Building permits or zoning permits issued on the basis of plans and applications approved by the administrative officials authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction.
(Ord. 0-1093. Passed 9-9-03.)
1331.07 FEES, CHARGES AND EXPENSES.
Council shall establish a schedule of fees, charges and expenses, and a collection procedure for zoning permits, appeals and other matters pertaining to this Zoning Ordinance. The schedule of fees shall be posted in the office of the administrative official and may be altered or amended only by Council.
No permit, special exception or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken until preliminary charges and fees have been paid in full.
The fee for filing an appeal to the Board of Zoning Appeals shall be fifty dollars ($50.00) and shall be paid at the office of the Code Enforcement/Zoning Division at the time of filing notice of appeal. The fee for filing an appeal against a zoning permit that has been issued shall be one hundred fifty dollars ($150.00), which may be waived by a majority decision of the committee comprising of the Public Works Director, Code Enforcement/Zoning Director and the Assistant Code Enforcement/Zoning Director.
(Ord. O-1093. Passed 9-9-03; Ord. O-1263. Passed 5-22-07.)
1331.08 COMPLAINT.
Whenever a violation of this Zoning Ordinance occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the administrative official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this Zoning Ordinance.
(Ord. 0-1093. Passed 9-9-03.)
1331.09 EXEMPTION OF BUILDING PERMIT.
Building permits, when meeting all zoning requirements, shall not be required for the following:
(a) Residential.
(1) One-story detached accessory structures, provided the floor area does not exceed 120 square feet (18.58 m2).
(2) Fences not over 4 feet (1829 mm) high.
(3) Retaining walls that are not over 4 feet (1219 mm) in height measured from the top of the footing to the top of the wall, unless supporting a surcharge.
(4) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L.) and the ratio of height to diameter or width does not exceed 2 to 1.
(5) Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
(6) Swings and other playground equipment accessory to a one or two- family dwelling.
(7) Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
(b) Commercial.
(1) One-story detached accessory structures as tool sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2).
(2) Fences not over 4 feet (1829 mm) high.
(3) Oil derricks.
(4) Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L.) and the ratio of height to diameter or width does not exceed 2 to 1.
(5) Retaining walls which are not over 4 feet (1219 mm) in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding hazardous liquids.
(6) Temporary motion picture, television and theater stage sets and scenery.
(7) Prefabricated swimming pools which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L.) and are installed entirely above ground.
(8) Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.
(9) Swings and other playground equipment accessory to detached one and two-family dwellings.
(10) Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
(Ord. O-1264. Passed 5-22-07.)
1331.99 PENALTY.
(a) Whoever violates any provision of this Zoning Ordinance or fails to comply with any of its requirements, for which no other penalty is provided, shall be fined not more than three hundred dollars ($300.00), and in addition shall pay all costs and expenses involved in the case. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(c) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 0-1093. Passed 9-9-03.)
1333.01 AMENDMENTS: PUBLIC HEARING, NOTICE AND PROTESTS.
(a) The regulations, restrictions and boundaries set forth in this Zoning Ordinance may, from time to time, be amended, supplemented, changed or repealed; provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. A notice of the time and place of such hearing shall be published at least once in a newspaper of general circulation at least fifteen days prior to such hearing.
(b) In the case of a protest against such change, signed by the owners of thirty-five percent, or more, either of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending 150 feet therefrom or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, such amendments shall not become effective except by the favorable vote of two-thirds of Council.
(Ord. A-2530. Passed 2-27-73.)
(c) No application for amendment to the Zoning Ordinance shall be made within six months from the date of the scheduled public hearing of a previous application for substantially the same request which was not approved, unless there has been a substantial change of conditions or character of the surrounding area or land in question except as noted herein:
(1) This section shall not apply to zoning text amendments; or
(2) Applications which the Municipal Planning Commission feels warrant further consideration. (Ord. 0-774. Passed 6-13-95.)