Princeton City Zoning Code

ARTICLE 1381

Supplementary Regulations

1381.01 YARD PLANTING AND SCREENING.

(a) Yard screening shall be provided along the boundaries of any manufacturing or commercial use or off-street parking lot, and on any Special Use where such screening is required. Such screening shall consist of a visual screen or obstruction of suitable shrubs, hedges, fences or walls at least three feet high. Proposals for such screening shall be reviewed by the Board of Zoning Appeals, and where such screening does not effectively buffer the adjoining use from such manufacturing or commercial use, the Board of Zoning Appeals shall require additional screening to comply with the objectives of the Zoning Ordinance.

(b) Fences, walls, shrubs or hedges under six feet tall may be located in any yard or court and shall be maintained in good condition. Suitable trees and other plant material designed to enhance the livability and attractiveness of any lot may also be located in any yard or court.

(12-17-79)

1381.02 SLOPE OF YARDS.

The surface area of any yard or open space adjacent to a building or structure shall be graded so that surface water will be drained away from any structure.

(12-17-79)

1381.03 DESIGN OF NONRESIDENTIAL DEVELOPMENT.

It is the objective of the Zoning Ordinance to encourage the orderly development of new commercial, industrial, and other nonresidential parcels in a manner which will provide for proper access and reduce traffic conflicts, and provide for the health, welfare, safety and aesthetic enjoyment of the residents.

(a) The design of streets, service drives and pedestrian ways shall provide for safe, convenient and hazard-free internal circulation of goods, persons and vehicles.

(b) Nonresidential parcels shall be limited to no more than two driveway access points from each street or highway from which they derive their principal access, and such driveway access points shall not be more than forty feet wide and shall be designed in a manner which will minimize their interference with any traffic movement on the street or highway.

(c) New or converted commercial structures in the C-1 District shall either be physically connected to any adjoining structures located on the same or adjacent lots; or, if not physically connected, shall be located at a distance of at least ten feet from such adjoining structures.

(d) Where a number of individual parcels or buildings are being developed jointly, or where a parcel or building is being developed adjacent to another parcel used or suitable for nonresidential development, the Plan shall insure compliance with the following criteria:

(1) The location and planning of driveway access points to permit their joint use by adjoining parcels, so as to minimize the number of intersections with the street or highway from which they derive their access.

(2) The development of parking and loading areas which permit convenient traffic circulation between adjoining parcels.

(3) The development of pedestrian walkways between adjoining parking areas and buildings.

(4) The provision of landscaping, screening and other features which will enhance the character and attractiveness of the area.

(12-17-79)

1381.04 AUTO SERVICE AND DRIVE-IN FACILITIES.

Auto service stations, including gasoline stations and automobile repair garages, and other drive-in facilities may be approved as Special Uses in the C-2 District by the Board of Zoning Appeals, upon the latter's finding, pursuant to a public hearing, that such uses will not create detrimental or hazardous conditions. In addition, all such service stations and drive-in facilities must meet the following conditions.

(a) Minimum lot area for gasoline stations is 10,000 square feet, and minimum lot width is 100 feet.

(b) No street entrance or exit for vehicles, and no portion of the premises or equipment of such service station or other drive-in use shall be located:

(1) Within 200 feet of a street entrance or exit of any school, park or playground conducted for and attended by children.

(2) Within 100 feet of any hospital, church or public library, chapel or convent.

(3) Within seventy-five feet of a lot in a residential district, as established in these standards.

(4) Within thirty feet of the intersection of any two lot lines.

(5) Within fifteen feet of any other street entrance or exit for vehicles.

(c) Parking and vehicular access shall be so arranged that there will be no need for motorists to back over sidewalks or into streets.

(d) The width of any entrance or exit driveway shall not exceed thirty feet at its intersection with the curb line or edge of pavement in the public right of way.

(e) No oil draining pit or visible appliance for such purpose shall be located within twelve feet of any street lot line, or within twenty-five feet of any R District, except where such appliance or pit is enclosed entirely within a building.

(f) No equipment above the surface of the ground, for the service of motor vehicles, shall be located closer than thirty feet to any property line.

(g) Restroom areas shall be screened from the public right of way.

(12-17-79)

1381.05 MAINTENANCE OF STRUCTURE.

All structures permitted under the Zoning Ordinance shall be adequately maintained, painted and cleaned to avoid their deterioration, decay, collection of debris or other condition which might endanger the public health, safety and welfare.

(12-17-79)

1381.06 CONVERSIONS.

(a) Residential Districts. The redesign and conversion of existing residential structures into two-family and multi-family dwellings shall have at least one off-street parking space per dwelling unit and each unit shall have adequate and safe ingress and egress, light, air, heating, and plumbing facilities, and shall have at least 500 square feet of living space for each dwelling unit. Such conversions shall also be landscaped and screened and protected from glare, noise and other influences which may adversely affect the residential character of the converted use.

(b) Commercial Districts. The redesign and conversion of residential or other noncommercial structures to commercial use shall comply with the following:

(1) The design of the conversion shall be undertaken in a manner which ensures its compatibility with other structures in the neighborhood.

(2) All the parking requirements of the Zoning Ordinance shall be complied with.

(3) All driveways and vehicular access to the structure shall be planned in a manner which ensures vehicular and pedestrian safety. Driveway access points shall be restricted to the minimum required to provide safe vehicular access. (12-17-79)

1381.07 MULTI-FAMILY RESIDENTIAL STRUCTURES.

Multi-family residential structures includes medium and high density dwellings which are served with public water and sewer facilities. Such dwelling structures shall be attractively landscaped, shall have adequate ingress and egress and shall provide a usable, open yard or recreation space of at least 200 square feet per dwelling unit, and shall comply with Section 1349.01. (12-17-79)

1381.08 ROOMING HOUSES.

All rooming houses shall be operated by a responsible family residing on the premises, which family shall establish a procedure for the proper operation and maintenance of the rooming units so as to ensure the livability of those units and also to ensure that the units do not detract from the character of the district in which they are located.

(12-17-79)

1381.09 MOBILE HOME PARKS.

Mobile home parks include the development of mobile home parks planned as a unit which are located on tracts of land at least five acres in size and the individual mobile homes located in such parks. Such mobile home parks and individual mobile homes shall comply with all of the regulations of the State of West Virginia Board of Health, Chapter I, Article 7b. - Mobile Home Park Regulations and Department of Health Design Information and Procedural Manual for Mobile Home Parks (December, 1971).

(a) Individual mobile home lots located in a mobile home park shall contain at least 4,000 square feet of lot area. The clustering of mobile home units in order to produce a liveable environment may be permitted provided that the objectives of this section are complied with, and provided further that the overall average lot area per unit of the park shall not be less than 4,000 square feet. In all other cases, the minimum width of a mobile home lot shall be forty feet and the minimum depth 100 feet, except on corner lots which shall have minimum width of fifty feet.

(b) No mobile home shall be located closer than fifty feet to any property line defining the external boundary of the park.

(c) No structure located on any lot in any mobile home park shall be closer to any front line than twenty-five feet; to any side lot line than ten feet; nor to any rear lot line than twenty feet.

(d) The minimum side clearance between any two adjacent mobile homes shall be thirty feet.

(e) Roadway or area lighting shall be reflected away from adjoining properties.

(f) The commercial sale of mobile homes from a mobile home park by a mobile home dealer shall be prohibited.

(g) Individual tenants at the mobile home park may construct attached enclosures to individual mobile homes, provided that such enclosures do not exceed one hundred percent (100%) of the floor area of the mobile home. Individual building and zoning permits shall be required for such enclosures in each case.

(h) The layout and construction of new streets within the mobile home park shall conform with the requirements of the Subdivision Regulations of the City.

(i) All mobile home parks shall provide to each lot line both a continuing supply of safe and potable water, as approved by the West Virginia Department of Health; and a connection to public sanitary sewage disposal facilities of the City or to facilities provided by the developer, which shall be in accordance with, and approved by, the West Virginia Department of Health.

(j) All area devoted to utility purposes, such as garbage storage area, common washing or drying facilities and other such area, shall be adequately screened.

(k) The maximum density of a mobile home park shall not exceed eight mobile homes per gross acre.

(l) The minimum width of a mobile home park shall not be less than 250 feet, and ratio of depth to width shall not exceed one to five.

(m) At least ten percent (10%) of the gross land area of a mobile home park, in addition to other open area required under yard and setback regulations of this section, shall be reserved for recreational and open space uses.

(n) The boundaries of a mobile home park shall be planted in a buffer screen at least ten feet wide, consisting of trees, shrubs, evergreens or hedges. Not more than five feet of this buffer screen may be planted in grass. All planting must be approved by the Building Official.

(o) Each mobile home lot shall be provided with a driveway of not less than 400 square feet, to accommodate off-street parking for two vehicles.

(p) Each mobile home lot shall be provided with a stable base upon which to place the mobile home, in accordance with the requirements of the City Building Code.

(q) Each mobile home lot shall be provided with anchors, tie-downs, or other devices approved by the Building Official for securing the stability of the mobile home.

(r) The four corners of the mobile home lot shall be marked in a manner approved by the Building Official.

(s) Each mobile home shall be skirted in a manner entirely enclosing and concealing the undercarriage, within ninety days after its placement on the mobile home lot.

(t) The maximum height of mobile homes and accessory buildings shall not exceed sixteen feet

(u) All areas of a mobile home park shall be graded in such a manner that there will be no poorly drained areas. Grading shall not obstruct the natural drainage of surrounding properties, nor shall open ditches be permitted.

(12-17-79)

1381.09B INSTALLATION OF MOBILE HOMES IN MOBILE HOME PARKS AND SINGLE LOTS.

(a) All installations shall comply with existing codes and regulations.

(b) For the purpose of this section, the definition of “Mobile Home” shall be that set forth in Article 1335.01 Definitions, (13) C., “Dwelling, mobile home”.

(c) No mobile home shall be installed within the City limits of Princeton without prior submission of a Mobile Home Permit Application by the owner of the mobile home, and subsequent issuance of a Mobile Home permit approving such installation. Mobile homes which are placed or installed, without an approved Permit, or which do not meet the requirements prior to placement, shall be removed immediately by the Building or Code Official, and such costs shall be the responsibility of the mobile home owner and collected by any means authorized by law.

(d) No mobile home shall be initially installed within the City limits of Princeton or moved from its current location within the City to another location within the City which is more than ten years of age, according to the manufacturer's date of the construction of the mobile home.

(e) Mobile homes being installed shall, prior the placement of the mobile home on the proposed site, be structurally sound and in good repair, including exterior and interior surfaces, doors, windows, plumbing, electricity, fixtures, heating facilities, and undercarriage.

(f) Each mobile home lot shall be provided with a stable base upon which to place the mobile home, in accordance with the requirements of the City Building Code.

(g) Each mobile home being installed on a lot (not located in a mobile home park) shall be provided with a driveway to accommodate off street parking for two vehicles, and in accordance with the City Building Code. A mobile home being installed in a mobile home park shall comply with requirements as set forth in Section 1381.09(o).

(h) Each mobile home lot shall be provided with anchors, tie-downs, or other devices approved by the Building Official for securing the stability of the mobile home.

(i) Each mobile home being installed on a single lot (not located in a mobile home park) shall be skirted in a manner entirely enclosing and concealing the undercarriage, within 45 days after its placement on the mobile home lot. A mobile home being installed in a mobile home park shall be properly skirted as required in 1381.09(s).

(j) The maximum height of mobile homes and accessory building shall be not exceed sixteen feet.

(k) The placement of a mobile home on a single lot (not in a mobile home park) shall not be closer than twenty feet on the front line; to any rear lot line than twenty-five feet; nor to any side lot line than four feet. The placement of a mobile home in a mobile home park shall comply with the requirements as set forth in Section 1381.09(c), in addition to other requirement concerning location of the mobile home in a mobile home park.

(l) All areas of a mobile home lot shall be graded in such a manner that there will be no poorly drained areas.

(m) All accessory additions to the lot shall require a building permit and be erected according to existing Zoning and Building Codes.

(n) Each mobile home being installed on a single lot (other than in a mobile home park) shall be placed to front the public street.

(o) Each mobile home being installed on a single lot (other than in a mobile home park) shall comply with the single family housing requirements as set forth in R-3 zoning regulations.

(p) Any person found guilty of violating this article shall be fined not more than five hundred dollars ($500.00), or imprisoned not more than thirty days, or both.

(q) Grant further provision for legal nonconforming use, if not used for thirty days then abandoned. No alterations except to making proper conformance. (Passed 9-11-00.)

1381.10 PLANNED RESIDENTIAL DEVELOPMENTS.

Planned Residential Developments include residential uses of all types which are located on a tract of land at least ten acres in size which is planned for development in its entirety under single ownership or control. Such residential large-scale developments may be permitted by the Board for the purpose of encouraging a flexibility of design which will result in an integrated site plan designed to benefit the residents or occupants of such development and neighborhood properties, in compliance with the following regulations:

(a) The PRD shall consist of either single-family, two-family or multi-family dwellings, or a combination thereof, and accessory uses, provided that the average number of square feet of land area per dwelling unit, excluding streets, shall comply to at least seventy-five percent (75%) of the requirements set forth in Section 1349.01 .

(b) The prospective developer shall demonstrate that sufficient market exists for the type, size and character of development proposed.

(c) Adequate, safe and convenient pedestrian and vehicular circulation facilities, including roadways, driveways, off-street parking and loading, sidewalks, malls and landscaped areas to serve the development shall be provided.

(d) Paving and drainage facilities shall be designed to adequately handle storm waters, prevent erosion and the formation of dust.

(e) Signs and lighting devices shall be properly arranged to avoid conflicts with residential use.

(f) The orientation of buildings shall provide adequate light, air and open space, and shall conform with the following regulations:

(1) In buildings containing multiple dwelling units, walls containing main window exposures or main entrances, shall be so oriented as to insure adequate light and air exposures.

(2) Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities, and shall be so oriented as to preserve visual and aural privacy between adjacent buildings.

(3) A building wall exposing both windows and an entrance way shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than fifty feet.

(4) A building wall exposing only windows or only an entrance way shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than twenty-five feet.

(5) A building group may not be so arranged that any temporary or permanently inhabited building is inaccessible by emergency vehicle.

(g) Open space suitable for use as play area for children or as outdoor living space for families shall be provided in amounts not less than 500 square feet per dwelling unit for single-family and two-family dwellings, and 300 square feet per dwelling unit for multi-family units. In addition, public open space amounting to at least five percent (5%) of the land area of the tract shall be reserved for use as buffers, landscaped areas, wooded areas or other forms of open space designed to enhance the attractiveness and livability of the development.

(h) Residential uses may include compact integrated retail and service shopping facilities which are designed to serve the development or other nearby residential area, provided that such integrated shopping facilities comply with the special use requirements of Section 1381.03 .

(i) All areas devoted to utility purposes, such as garbage storage area, common washing or drying facilities and other such areas, shall be adequately screened. (12-17-79)

1381.11 OUTDOOR RECREATIONAL FACILITIES.

(a) These facilities include such uses as golf courses, ice skating rinks, commercial or public swimming pools and tennis courts.

(b) In any district where permitted, no building shall be located within fifty feet of any property line.

(d) Unenclosed recreational facilities shall be located not less than twenty-five feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining residential uses. Lighting shall be directed away from adjoining uses.

(12-17-79)

1381.12 CLUBS AND LODGES.

(a) Clubs and lodges shall front on a public street having a minimum cartway width of not less than thirty feet, and shall provide ingress and egress so as to minimize traffic congestion.

(b) Such uses shall not be located on lots with a minimum area less than 8,000 square feet, or a minimum frontage less than 100 feet.

(c) When permitted in an R-3 District, such uses shall be located a minimum of thirty feet from any property line. Retail sales for guests only may be included.

(12-17-79)

1381.13 ESSENTIAL SERVICES.

Essential services, as defined in Article 1335.01(15), shall be permitted in all districts, subject to the approval of the Board of Zoning appeals, where such essential services are in conformity with the design, yard area, setback and height regulations of the zoning districts wherein they are proposed to be located.

(12-17-79)

1381.14 STORAGE OF WASTES.

No lot or premises shall be used as a garbage dump, or a dead animal rendering plant. No manure, rubbish or miscellaneous refuse may be stored in the open within any district where the same may be construed as a menace to public health or safety. No exceptions shall be made except by official government action.

(12-17-79)

1381.15 PERFORMANCE STANDARDS.

All uses shal1 comply with the following:

(a) Sound. The volume of sound inherently and recurrently generated shall be controlled so as not to become a nuisance to adjacent uses.

(b) Vibrations. Intense, earthshaking vibrations, caused by heavy hydraulic surges, the operation of heavy drop forges or any other operation, shall not be discernable beyond the property line of the premises where such vibrations originate.

(c) Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 10, Chapter I, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," dated June 16, 1957, and any subsequent revision or amendments.

(d) Odor. No emission of odorous gas or other odorous matter in such quantity as to be readily detectable without the use of instruments at any point at or beyond the lot lines shall be permitted.

(e) Toxic or Noxious Matter. No discharge of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to any person, property or business, shall be permitted.

(f) Glare. No direct or reflected light shall be detectable from any R-Zone boundaries.

(g) Heat. No direct or reflected heat shall be detectable from any R-Zone boundaries.

(h) Dust and Fly Ash. No solid or liquid particles shall be emitted in such quantity as to be readily detectable at any point along lot lines, or as to produce a public nuisance or hazard beyond the lot lines of the premises where such particles are produced.

(i) Smoke. No smoke shall be emitted in such quantity as to become a nuisance.

(12-17-79)

1381.16 BED AND BREAKFAST INN.

Bed and Breakfast Inns shall be a permitted Special Use in Residential Zones R-1, R-2 and R-3, subject to the following requirements and restrictions:

(a) The premises shall be a single-family dwelling with not more than one kitchen facility and shall be the primary residence of the inn owner.

(b) The premises shall have not less than 3,500 square feet of living area floor space, exclusive of any basement or attic space.

(c) No more than one guest room shall be permitted in a qualifying premises. Notwithstanding the previous provision, one additional guest room shall be permitted for each additional two hundred fifty square feet of living area floor space in a qualifying premises in excess of 3,500 square feet, up to a maximum of four guest rooms permit premises.

(d) One off-street parking space shall be provided for each guest room.

(e) The inn shall be equipped with one or more private bath facilities for guest rooms, separate and apart from those of the owner.

(f) Each guest room shall be equipped with a functioning smoke detector alarm, and each guest room shall have a second means of egress from the building for emergency escape.

(g) Guests may stay no more than fifteen consecutive days; provided, this subsection shall not apply to immediate relatives of the owner.

(h) Any bed and breakfast inn shall offer breakfast prepared on the premises, to its guests. However, meals shall be served only to registered guests of the inn.

(i) The lot on which any premises is located shall be not less than three-quarters of one acre in size.

(j) The premises shall have been originally constructed not less than fifty years prior to any zoning use permit prior to any zoning special use permit for the premises as a Bed and Breakfast Inn being granted.

(k) Issuance of any zoning permit for use of any premises as a Bed and Breakfast Inn shall not relieve the owner from the responsibility of obtaining all other required business licenses or permits from State or local agencies having jurisdiction.

(Passed 12-4-95.)

1381.17 PERMIT RESTRICTIONS FOR PROPERTIES LISTED ON NATIONAL REGISTER OF HISTORIC PLACES.

No building permit shall be granted concerning properties listed on the National Register of Historic Places unless said building permit complies with the standards for rehabilitation published by the Secretary of the Interior and/or codified as 36 CFR 76.

(Passed 6-14-04.)

1381.18 OUTDOOR WOOD FURNACE.

(a) Definitions.

(1) “Outdoor wood furnace” means any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as a outdoor wood boiler or outdoor wood-fire hydronic heater.

(2) “Chimney” means a flue or flues that carry off exhaust from an outdoor wood furnace firebox or burn chamber.

(3) “EPA OWHH Phase 1 Program” means the EPA OWHH (Outdoor Wood- fired Hydronic Heater Program) Phase 1 Program administered by the United States Environmental Protection Agency.

(4) “EPA OWHH Phase 1 Program Qualified Model” means an outdoor wood- fired hydronic heater that has been EPA OWHH Phase I Program qualified. The model has met the EPA OWHH Phase 1 emission level and has the proper qualifying label and hangtag.

(5) “Existing outdoor wood furnace” means an outdoor wood furnace that was purchased and installed prior to the effective date of this local law.

(6) “Natural wood” means wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.

(7) “New outdoor wood furnace” means an outdoor wood furnace that is first installed, established or constructed after the effective date of this local law.

(b) Regulations.

(1) No person shall, from the effective date of this local law, construct, install, establish, operate or maintain an outdoor wood furnace other than in compliance with the applicable section of this local law.

(2) No person shall, from the effective date of this local law, operate an outdoor wood furnace unless such operation conforms with the manufacturer’s instructions regarding such operation and the requirements of this local law regarding fuels that may be burned in such outdoor wood furnace as set forth in subsections (c)(1) and (2) hereof and chimney height as set forth in subsection (c)(4) hereof.

(3) All new outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer’s instructions and the requirements of this local law. In the event of a conflict, the requirements of this local law shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply.

(4) The owner of any new outdoor wood furnaces shall produce the manufacturer’s owner’s manual or installation instruction to the Code Enforcement Department to review prior to installation.

(5) All new outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.

(6) If an existing outdoor wood furnace is, through the course of proper investigation by local authorities, creating a verified nuisance, as defined by local or state law, the following steps may be taken by the owner and the Code Enforcement Department having jurisdiction:

A. Modification made to the unit to eliminate the nuisance such as extending the chimney, or relocating the outdoor wood furnace, or both.

B. Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.

C. Remove unit if modification or relocation does not eliminate nuisance.

(c) Substantive Requirements. Outdoor wood furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:

(1) Permitted fuels. Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass fuels or other listed fuels specifically permitted by the manufacturer’s instructions such as fuel oil, natural gas or propane backup.

(2) Fuels prohibited. The following fuels are strictly prohibited in new or existing outdoor wood furnaces:

A. Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.

B. Rubbish or garbage, including but not limited to food wastes, food packaging, food wraps.

C. Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

D. Rubber, including tires or other synthetic rubber-like products.

E. Newspaper, cardboard, or any paper with ink or dye products.

F. Any other items not specifically allowed by the manufacturer or this provision.

(3) Setbacks for any new outdoor wood furnace.

A. The outdoor wood furnace shall be located at least 25 feet from the property line.

B. The outdoor wood furnace shall be located on the property in compliance with manufacturer’s recommendations and/or testing and listing requirements for clearance to combustible materials, not to be less than 50 feet from any structure.

C. The outdoor wood furnace shall be located at least 100 feet from any residence that is not served by the outdoor wood furnace.

(4) Chimney heights for new and existing outdoor wood furnaces.

A. The chimney of any new outdoor wood furnace shall extend at least 2 feet above the peak of any residence not served by the outdoor wood furnace located within 200 feet of such outdoor wood furnace.

B. If there is an existing outdoor wood furnace already installed and there is new construction of a residence not served by the outdoor wood furnace within 200 feet of such outdoor wood furnace then the owner of such outdoor wood furnace shall conform to the stack height requirements of this regulation within 30 days of the date of such construction is complete and upon written notice from the Code Enforcement Department.

(d) Appeals. Appeals from any actions, decisions, or rulings of the Code Enforcement Department or for a variance from the strict application of the specific requirements of subsections (b) or (c) hereof may be made to the Zoning Board of Appeals. Requests for all appeals shall be made in writing to the Board of Appeals not later than 20 days of the act, decision, or ruling from which relief is sought. (Passed 2-9-09.)

1381.19 VIDEO LOTTERY ESTABLISHMENTS.

Distances Between Establishments Holding Limited Video Lottery Licenses.

(a) Definitions. For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) “Church” means building or buildings and real property:

A. Set apart for the purpose of worship;

B. In which religious services are held;

C. With which clergy is associated;

D. Which is kept for that use and not put to any other use inconsistent with its primary purpose; and

E. Which is tax exempt under the laws of this State.

(2) “School” means the buildings, and all the real property to which it is attached, comprising a public or private elementary, day care center, pre- school, vocational, or secondary school or a private or a public college, junior college, or university.

(3) “Limited video lottery establishment” means a person and/or business which holds a valid license pursuant to West Virginia Code §29-22B-101 et seq.

(b) Prohibition.

(1) It shall be prohibited in all zoning districts to open or operate any limited video lottery establishment within 1,000 feet of any church, school, residence, or other such establishment already possessing a West Virginia Alcohol Beverage Control Administration on-premise license and/or providing video lottery or having a license to do so.

(2) The measurement of distances for the purposes of this section shall be from whichever exterior corner of the lot on which a limited video lottery establishment is located which is closest to an existing school, church, residence, or other video lottery establishment measured to the nearest corner of any schoolyard, school parking lot, or lot on which a school building is located; or to any lot on which any church building or church parking lot is located; or to any lot on which any video lottery establishment or video lottery establishment parking lot is located; or to any lot which any residence is located.

(3) Any limited video lottery establishment that is not prohibited by this section, must still comply with all existing zoning regulations or requirements. (Passed 9-10-12.)