Saint Albans City Zoning Code
ARTICLE 1313
Definitions
1313.01 RULES OF CONSTRUCTION, CONTENT AND USAGE.
(a) The following rules of construction shall apply to the text of this Ordinance:
(1) The particular shall control the general.
(2) In the event there is any conflict or inconsistency between the heading of an article, section, subsection, or paragraph of this Ordinance and the context thereof, the heading shall not be deemed to affect the scope, meaning, or intent of the context.
(3) In case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration, summary table, or illustrative table, the text shall control.
(4) In case of conflict between regulations, the more restrictive shall apply.
(5) Words used in the present tense shall include the future.
(6) Words used in the singular number shall include the plural, and the plural the singular, unless the context indicates the contrary.
(7) The masculine shall include the feminine and neuter.
(8) The word "shall" is always mandatory and not discretionary.
(9) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", "or", or "either...or", the conjunction shall be interpreted as follows:
(10) "And" indicates that all the connected items, conditions, provisions, or events shall apply.
(11) "Or" indicates that the connected items, conditions, provisions, or events shall apply singly or in any combination.
(12) "Either...or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
(13) The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for".
(14) The word "includes" or "including" or the phrase "such as" shall not limit a term to the specified examples but is intended to extend its meaning to all other instances or circumstances of similar character.
(15) A "building" or "structure" shall include any part thereof.
(16) The word "person" includes an individual; a private, public, or quasi-public corporation whether operated for profit or nonprofit; a partnership; an association; a governmental body or agency, or any other similar entity.
(17) The word "state" shall mean the State of West Virginia. The word "county" shall mean the County of Kanawha, State of West Virginia. The word "city" shall mean the City of St Albans, West Virginia.
(18) The word "Commission" shall mean the Municipal Planning Commission of the City of St. Albans, West Virginia.
(19) The word "Council" shall mean the City Council of the City of St. Albans, West Virginia.
(20) The terms "Zoning Board of Adjustment", "Building Official", "City Clerk", "City Engineer", "City Attorney", "City- County Health Department", "Director of Public Works", "Downtown Historic District Committee", "Mayor" and "Planning and Zoning Commission", shall mean the respective boards, councils, and officers of the City and County of their authorized agents.
(21) The term "Building Code" shall mean those regulations administered by the Building Official, as adopted by the City Council of St. Albans.
(22) The term "Code of the City of St Albans" or "City Code" shall mean the Code of the City of St Albans, as amended.
(23) The term "Code of West Virginia" shall mean the Code of the State of West Virginia, 1931, as amended.
(24) The term "Comprehensive Plan" shall mean the plan for the City of St Albans, West Virginia, as passed by ordinance of City Council, May 18, 2015.
(25) The term "Fire Code" shall mean the Fire Prevention Code, 1968, as amended.
(26) The term "Subdivision Regulations" shall mean the Subdivision Ordinance for the City of St Albans, West Virginia, as passed by ordinance of City Council and as subsequently amended.
(27) The phrase "this Ordinance" shall mean all portions of this amended Zoning Ordinance of the City of St Albans, West Virginia, including the Zoning Map, as passed by ordinance of City Council, as amended.
(Ord. 2023-02. Passed 4-17-23.)
1313.02 APPLICABLE DEFINITIONS.
(a) For the purposes of this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them within this section. If not defined in this section, or within other sections of this Ordinance, terms used in this Ordinance shall have the meanings provided in any standard dictionary or American Planning Association publication as determined by the Zoning Administrator.
Abandonment. The relinquishment of property or a cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the nonconforming use of the property for a period of one (1) year.
Abutting. Having a common border with, or being separated from such a common border, including diagonally, by a right-of-way, alley, or easement.
Access. The way or means by which pedestrians or vehicles approach, enter or exit property.
Accessory Structure. See Structure, Accessory. The use of an accessory structure must be accessory to the use of the principal structure.
Accessory Use. See Use, Accessory.
Adaptive reuse of Nonresidential Structures. The process of reusing an existing building for a purpose other than that for which it was built or designed.
Addition. Any increase in the gross floor area of a structure or use, including those in which the building footprint is not enlarged
Adult Bookstore. An establishment having more than ten (10) square feet of floor area devoted to stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined in this Ordinance, or an establishment with a segment or section devoted to the sale or display of such material. See also Sexually Oriented Business.
Adult Business. Adult business shall mean an adult book store, adult videotape store, adult motion picture theater, or adult entertainment establishment. See also Sexually Oriented Business.
Adult Entertainment. An establishment used for presenting persons depicting, showing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas, as defined in this Ordinance. See also Sexually Oriented Business.
Adult Motion Picture Theater. An establishment used for presenting motion picture material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined in this Ordinance, for observation by patrons thereto. See also Sexually Oriented Business.
Adult Video Store. An establishment having more than ten (10) square feet of floor area devoted to its stock in trade, videotapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined in this Ordinance, or an establishment with a segment or section devoted to the sale or display of such material. See also Sexually Oriented Business.
Adverse Impact. A negative consequence for the physical, social, or economic environment resulting from an action or project.
Affected Persons. Those owners of record of real property located in whole or in part within a specified distance as indicated in this ordinance, including public streets and other rights-of-way.
Aggrieved Person. A person who:
(1) Is denied by the Planning Commission or 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.
Agricultural Activity. Farming, including plowing, tillage, cropping, seeding, animal and poultry husbandry, cultivating, or harvesting for the production of food and fiber products (except commercial logging and timber harvesting).
Agriculture, Urban (Urban Agriculture). An umbrella term that describes a range of food growing practices that may include the keeping of chickens and/or bees, but does not include other livestock.
Airport. Any area of land or water designated, set aside, used or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas designated, set aside, used or intended for use, for airport buildings or other airport facilities, rights-of-way, or approach zones, together with all airport buildings and facilities located thereon.
Alcoholic Beverage. Shall include alcohol, beer, nonintoxicating beer, wine, and spirits and any liquid or solid capable of being used as a beverage.
Alcoholic Beverage Sales for Off-premise Consumption. An establishment engaged in the retail sale of packaged alcoholic beverages solely for off-premises consumption in addition to other retail sales. Uses include but are not limited to: drugstores, gas stations, convenience stores, and grocery stores.
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.
Alteration, Incidental. A change or replacement in the parts of a building or other structure, such as: alteration of interior partitions to improve a nonconforming residential building, providing no additional dwelling units are created thereby; alteration of interior partitions in all other types of buildings or structures; a minor addition on the exterior of a residential building to provide an uncovered porch or patio.
Alteration, Structural. A change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or exterior walls.
Amendment. Any repeal, modification, or addition to a regulation; any new regulation; any change in the numbers, shape, boundary, or area of a district; or any repeal or abolition of any map, part thereof, or addition thereto.
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.
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.
Animal Grooming Service (Small Animals). Any place or establishment whose primary service offered is to be a place where house pets are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health, and for which a fee is charged.
Animal Grooming Service (Unlimited). Any place or establishment whose primary service offered is to be a place where house pets, livestock, horses, or other animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health, and for which a fee is charged.
Animal Hospital / Clinic. A use or structure intended or used primarily for the testing and treatment of animals on an emergency or outpatient basis. This use shall not include the boarding or training of animals, except for medical purposes and shall not provide outdoor runs or kennels. Synonymous with veterinary hospital.
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.
Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.
Antenna, Dish. See Telecommunications, Satellite Dish Antenna.
Apartment. One (1) or more rooms in a building designed and intended for occupancy as a separate dwelling unit. See Dwelling, Multi-family.
Architectural Decoration. An element, design, or motif, other than an architectural feature, installed, attached, painted or applied to the exterior of a building or structure for the purpose of ornamentation or artistic expression.
Architectural Features. Cornices, eaves, gutter, belt courses, sills, lintels, bay windows, and chimneys.
Area, Buildable. The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance have been met. (See Appendix B Illustration B-10 for Details)
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.
Art Gallery. An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art. This clarification does not include libraries, museums, or non-commercial art galleries.
Art, Public. Any visual work of art, accessible to public view, on public or private property within the city neighborhood environs including residential, business, industrial building, or apartment complexes, parks, etc. The work of art may include but need not be limited to sculptures, murals, monuments, frescoes, fountains, paintings, stained glass or ceramics; and which does not include any commercial speech or advertising copy that would classify the work as a sign.
Apiary (Bee Keeping). The keeping or propagation of honeybee colonies for collection of honey or other bee products.
Aquaponics. The cultivation of fish and plants together in a constructed, re-circulating ecosystem utilizing natural bacterial cycles to convert fish waste to plant nutrients.
Arterial, Major. A street that provides for through traffic movement between areas of the City and which is used, or is intended to be used, as part of the principal network for through traffic within the City.
Assembly Hall. A facility or part of a building used for the assembly of people for receptions, weddings, parties and similar uses.
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 twenty-four (24)-hour a day basis.
Association (Charitable, Fraternal, or Social). A facility for administrative, meeting, or social purposes for a private or nonprofit organization, primarily for use by administrative personnel, members and guests. Examples include, but are not limited to: Lions Club, Veterans of Foreign Wars, etc.
Athletic Field. See Recreational / Sports Facility.
Attention-Attracting Device. Any device or object visible from any public right-of-way which is primarily designed to attract the attention of the public to a business, institution, sign or activity through such means, including but not limited to illumination, color, size or location. Attention-attracting devices or objects oftentimes incorporate illumination, which may be stationary, moving, turning, blinking (including animation) or flashing. Attention-attracting devices may or may not convey a message and can include, but are not limited to, search lights, beacons, strobe lights, strings of lights, barber poles, internally illuminated translucent canopies or panels, electronically controlled message boards (time/temperature signs, gas price signs, public service announcements, etc.), banners, streamers, pennants, propellers and inflatable objects (including strings of balloons) or other device designed to attract attention. Approved traffic-control devices are not considered to be attention-attracting devices.
Attic. The part of a building that is immediately below and wholly or partly within the roof framing.
Auction. The act of or location at which goods or property are sold to the highest bidder.
Automated Teller Machine. An automated device that performs banking or financial functions at a location remote from the controlling financial institution. Such devices are considered to be accessory uses in commercial or office zones.
Automobile Rental or Leasing Establishment. Establishments involved in renting or leasing passenger cars, noncommercial trucks, motor homes or recreational vehicles, including incidental parking and minor servicing of vehicles available for rent.
Automobile Retail Sales Establishment. Establishments involved in the retail sale of new and used automobiles, noncommercial trucks, motor homes or recreational vehicles, including incidental storage, maintenance and servicing.
Automobile Washing or Polishing Establishment. An establishment primarily engaged in the washing, cleaning or polishing of passenger vehicles, recreational vehicles or other light duty equipment.
Automotive Body and Paint Shop. An establishment primarily engaged in automotive painting and refinishing.
Automotive Parts, Supplies or Accessories Establishment. An establishment primarily engaged in the retail sale of automotive parts, supplies and accessories.
Automotive Repair Establishment. Any building, structure or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, watercraft repairs or similar vehicles, including but not limited to upholstery work, oil change and lubrication, painting, tire service, etc.
Automobile Wrecker Service. A service for towing wrecked, illegally parked, or disabled automobiles or freeing automobiles stalled in snow or mud.
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.
Bakery, Retail. An establishment primarily engaged in the retail sale of baked products for consumption off site. The products may be prepared either on or off site.
Bakery, Wholesale. An establishment primarily engaged in manufacturing bakery products for sale primarily for home service delivery, or through one (1) or more non-baking retail outlets.
Bar, Nightclub, or Private Club. A premises used primarily (gross revenue from the sale of alcoholic beverages sale are greater than fifty percent (50%) of total revenue) for sale or dispensing of alcoholic beverages by the drink for on-site consumption or of beer by growler for off-site consumption, and where food may be available for consumption on the premises as accessory to the principal use.
Barber Shop. See Beauty Salon / Barber Shop.
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 six and one-half (6.5) feet or more.
Beacon. Any light with one (1) 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 (1) or more beams that rotate or move.
Beauty Salon / Barber Shop. An establishment wherein cosmetology or barbering is practiced on a regular basis for compensation.
Bed and Breakfast Inn (B&B). A dwelling in which, for compensation, lodging containing not more than six (6) guest rooms and for no extra charge, breakfast is provided to the guests. This use does not include rooming or boarding houses.
Berm. A natural or man-made earthen mound in excess of two (2) feet in vertical height designed to shield or buffer properties from adjoining uses, highways, noise, or to control the direction of surface water flow.
Bikeway. A pathway used for bicycling, walking and other recreation.
Block. Property having frontage on both sides of a street, and lying between the two (2) nearest intersecting or intercepting streets, or nearest intersecting and intercepting street and railroad right-of-way, waterway or other barrier (including an alley between zoned areas).
Boarding House. A building not open to transients, where lodging and/or meals are provided for three (3) or more, but not over thirty (30) persons regularly; a lodging house.
Books or Stationery Establishment. A retail establishment that engages primarily in the sale of books, magazines, newspapers, stationery, greeting cards and other printed material, excluding any adult bookstore.
Bowling Alley. An establishment that devotes more than fifty percent (50%) of its gross floor area to bowling lanes, equipment and play area.
Breezeway. A covered passage, open on at least one (1) side, between two (2) buildings.
Broadcasting Station. A studio used primarily for the production, scheduling, recording, reception and transmission of television or radio programming.
Buffer. A strip of land, fence, or border of trees, etc., between one (1) use and another, which may or may not have trees and shrubs planted for screening purposes, designed to set apart one (1) use area from another. An appropriate buffer may vary depending on uses, districts, size, etc. (See Appendix B Illustration B-7 for Details)
Buffer Strip. Land area used to visibly separate one (1) 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.
Buildable Area. See Area, Buildable.
Building. A structure with a roof built and maintained for the support, shelter, or enclosure of persons, motor vehicles, animals, or personal or real property.
Building Envelope. The area formed by the front, side and rear setback lines of a lot within which the principal building must be located.
Building Footprint. The outline of the total area of a lot covered by a building's perimeter. Where a building has a recessed ground floor, the footprint shall be construed to be the outline of the largest perimeter of the building, excluding architectural decorations or features as defined herein.
Building Height. The vertical distance of a building measured from the average grade level at the front line of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between the eaves and the highest point of the roof if the roof is of any other type. Height calculation shall not include chimneys, spires, towers, elevator and mechanical penthouses, water tanks, radio antennas, and similar projections. (See Appendix B Illustration B-1 for Details)
Building Materials Sales Establishment. Establishments involved in selling lumber, and a general line of building materials and supplies, to the general public, which may include roofing, siding, shingles, wallboard, paint, cement, and so forth, including incidental storage.
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.
Building, Accessory. See Structure, Accessory.
Building, Detached. A building having no structural connection with another building.
Building Line, Front. The line or lines of the face of the principal structure nearest the front lot line(s).
Building, Nonconforming. See Structure, Nonconforming.
Building, Principal. A building in which is conducted the main or principal use of the lot on which the building is situated.
Bulk Requirements. Standards that control the height, density and location of structures.
Bus Garage. A building or structure used for the storage, maintenance and parking of buses.
Bus Shelter. A small, roofed structure, usually having three (3) walls, located near a street and designed primarily for the protection and convenience of bus passengers.
Bus Terminal. See Passenger Station, Railroad, Motor Bus.
Business. Engagement in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.
By-Right. A use permitted or allowed in the district involved, and upon review has been determined to comply with the provisions of these zoning regulations and other applicable ordinances and regulations.
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 four and one-half (4.5) feet above the ground.
Campground. Any area of land and/or water on which is located cabins, tents, travel trailers, motor homes, or other types of shelter suitable and intended for use in a temporary seasonal manner.
Campus. The grounds and buildings of a public or private college, university, school, hospital or other institution.
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.
Carnival, Circus, Fairground, Amusement Enterprise (Permanent). Any aggregation or combination of shows or riding devices, games of skill or chance, or any combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings, musical and theatrical entertainment, and riding devices, whether carried on or engaged in or conducted in any field, park or in a building or enclosure, and whether carried on, engaged in or conducted as one enterprise or by several concessionaires, and whether one admission fee is charged for admission to all shows or entertainment, or separate fees for admission is charged for each amusement.
Carnival, Circus, Fairground, Amusement Enterprise (Temporary). A traveling or transportable group or aggregation of shows or riding devices, games of skill or chance, or any combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings, musical and theatrical entertainment, and riding devices, whether carried on or engaged in or conducted in any field, park or in a building or enclosure, and whether carried on, engaged in or conducted as one enterprise or by several concessionaires, and whether one admission fee is charged for admission to all shows or entertainment, or separate fees for admission is charged for each amusement.
Carport. A roofed structure not more than seventy-five percent (75%) enclosed by walls and attached to the main building for the purpose of providing shelter for one (1) or more motor vehicles.
Catering Service Establishment. An establishment that prepares and supplies food to be consumed off-premises.
Cemetery. A site used for the permanent internment of human remains. It may be a burial park for earth internments, a mausoleum for vault or crypt internments, or a columbarium for cinerary internments.
Certificate of Compliance. A permit, signed by the Director of Planning or his designee, setting forth that a building, structure or use complies with this Ordinance and may be used for the purposes stated on the permit.
Change of Occupancy/Use. A discontinuance of permitted use and the substitution of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.
Child Care Center. See Family Day Care Facility and Family Day Care Home.
Chemical Storage. See Tank Farm.
Christmas Tree Sales Establishment. The sale of Christmas trees at a temporary outdoor location lasting generally from mid-November through Christmas Day.
Church. See Religious Institution.
Clear-cutting. Removal of an entire stand of trees, shrubs and other vegetative ground covering.
Clinic, Medical or Dental. An establishment providing dental. medical, psychiatric or surgical services exclusively on an outpatient basis, including emergency treatment and diagnostic services.
Coin Operated Laundry. An establishment providing washing and drying in machines operated on the premises by the patron.
Columbarium. An Accessory structure to a religious institution that is normally a wall, containing one (1), or more, recesses, or cavities, for the depository of the cremated remains of humans.
Common Area. Any portion of a development that is not part of a lot or tract and is designed for the common use of the development. These areas include green open spaces and may include such other 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.
Community Center. A public building used for activities that, through proximity to residents, benefit the surrounding neighborhood. Activities permitted include any combination of the following: meeting space for civic groups, clubs, or organizations; spaces for the provision of daycare services; group cultural and/or recreational activities, whether self-directed or organized; space for artisans, crafters, etc., including occasional sale of such merchandise produced on-premises; and educational and/or instructional programs.
Community Garden. A neighborhood-based development with the primary purpose of providing space for members of the community to grow plants for beautification, education, recreation, community distribution, or personal use. Sites managed by public or civic entities, nonprofit organizations or other community-based organizations are responsible for maintenance and operations. Processing and storage of plants or plant products are prohibited on site. Gardening tools and supplies may be stored within an accessory building that is in compliance with this Ordinance.
Composting Operation. A solid waste processing facility specifically designed and operated for the express purpose of composting.
Condominium. A common interest community in which portions of the real estate are designated for separate ownership and the remainder of the real estate is designated for common ownership solely by the owners of those portions. A common interest community is not a condominium unless the undivided interest in the common elements are vested in the unit owners.
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.
Conservation District, Neighborhood. A district that has retained an adequate amount of its historic character for interpretation, although some alterations may have occurred.
Contractors' Establishment. An enclosed space used for the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage, but which does not use any exterior storage area.
Convenience Store, Neighborhood. Any retail establishment with a floor area of less than 3,000 square feet offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood. No fuel sales are permitted on site and this use is to be distinguished from Gasoline Station and Minimart.
Cooperative. A multiple-family dwelling owned and maintained by the residents. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
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.
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.
Crematorium. A stand-alone location containing properly installed, certified apparatus intended for use in the act of cremation. See also Funeral Home.
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.
Dancing Instruction or Studio. See Instructional Studio.
Day Care Facility See Family Day Care Facility, Family Day Care Adult Facility, Family Day Care Home and Family Day Care Adult Home.
Deck. A structure, without a roof, directly adjacent to a principal building, which is elevated at least six (6) inches above grade.
Demolition. The destruction or removal of a structure, including but not limited to: the entire structure; the roof; twenty-five percent (25%) of the structure; one (1) side of the structure; or any portion of the structure's interior that impacts the street-facing elevation's exterior features.
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.
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.).
Department Store. A retail store carrying a general line of apparel, home furnishings, floor coverings, major household appliances, and housewares. These and other merchandise lines are normally arranged in separate sections or departments with accounting on departmentalized basis, integrated under a single management.
Land Use Category | D.S.I. | Major D.S.I. |
Residential | 20 to 49 dwelling units | 50 or more dwelling units |
Commercial | 40,000 square feet of gross floor area | 100,000 or more square feet of gross floor area |
Office/Institutional | 40,000 square feet of gross floor area | 100,000 or more square feet of gross floor area |
Industrial | 40,000 to 99,999 square feet of gross floor area | 100,000 or more square feet of gross floor area |
Mixed Use | 40,000 square feet of gross floor area | 100,000 or more square feet of gross floor area |
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.
Development of Significant Impact and Major Development of Significant Impact. Any proposed development whose characteristics warrant a more in-depth review in order to mitigate the negative impact these characteristics may have on surrounding land uses in particular and on the surrounding neighborhood in general. Developments of Significant Impact may include but are not limited to those that have a citywide impact. Such impacts would involve the transportation network, environmental features such as parks or corridor streams, and local schools. Major Developments of Significant Impact may include but are not limited to those that are of such scope and scale that they have an impact on the region in terms of the transportation network, the environment, the schools, etc. Such projects could include, among other things, regional shopping centers, airports and large scale residential developments. Any proposed residential or non-residential development which meets or exceeds any of the following criteria shall be determined to be a Development of Significant or Major Impact and will require a complete development plan to be submitted and reviewed by the Zoning Administrator and the Planning Commission or the appropriate agency with site plan review in overlay districts.
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.
Development, Mixed Use. 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.
Development, Planned Unit. A tract of land developed as a unit under single ownership or unified control, which includes one (1) or more principal buildings or uses and is processed under the Planned Unit Development provisions of this ordinance.
Distribution Center. An establishment where goods are received and/or stored for delivery to the ultimate consumer at remote locations.
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.
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.
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.
Dormitory, Fraternity or Sorority House. A building specifically designed for a long-term stay by students of a college or university for the purpose of providing sleeping accommodations. One (1) common kitchen and some common gathering spaces for social purposes may also be provided.
Drainage.
(1) Surface water run-off;
(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.
Drive-Thru Facility. Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
Driveway. A private roadway providing Access for vehicles to a parking space, garage, dwelling, or other structure.
Driveway, Common. A driveway shared by adjacent property owners and privately owned and maintained.
Driveway, Cross Access. A service drive providing vehicular access between two (2) or more contiguous sites so the driver need not enter the public street system.
Drug Store. An establishment engaged in the retail sale of prescription drugs and patient medicines and which may carry a number of related product lines, such as cosmetics, toiletries, tobacco and novelty merchandise, and which may also operate a soda fountain or lunch counter.
Dry Cleaning and Laundry Service. An establishment providing dry cleaning and laundering services where dry cleaning and laundering are done on the premises.
Dwelling, Accessory. An ancillary or secondary living unit that is clearly subordinate and secondary to the principal owner occupied single family use that has a separate housekeeping unit, existing either within the principal structure, or on the same lot of record within an accessory structure, as the single family dwelling structure.
Dwelling, Duplex. A freestanding building containing two (2) dwelling units.
Dwelling, Live-Work Quarters. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work and the resident works in the same location.
Dwelling, Manufactured Home. A structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or when erected on sight, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used for residential, commercial, business or institutional purposes with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein which meets the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 885401 et seq.), effective on the fifteenth day of June, one thousand nine hundred seventy-six, and the federal manufactured home construction and safety standards and regulations promulgated by the Secretary of the United States Department of Housing and Urban Development. The term "manufactured home or structure" does not include job site trailers.
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.
Dwelling, Modular Home. Any structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installed on a building site and designed for long-term residential use and is certified as meeting the standards contained in the West Virginia State Fire Code.
Dwelling, Multi-Family (Limited). 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 three (3) or more dwelling units.
Dwelling, Multi-Family (Unlimited). 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 three (3) or more dwelling units. The number of dwelling units permitted in this type of development shall be limited only by the intensity of use standards for the zoning district in which the development is located.
Dwelling, Over Store. 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.
Dwelling, Single Family. A freestanding building designed solely for occupancy by one family for residential purposes, as a single housekeeping unit.
Dwelling Types (See Appendix B Illustration B-2 for Details)
Dwelling, Townhouse. Also known as a Rowhouse. A one-(1) 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.
Dwelling, Triplex. A freestanding building containing no more than three (3) dwelling units.
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 dwellings (in which case the definition is synonymous), attached and detached accessory dwelling units, duplex dwellings, mixed-use dwellings, and multifamily dwellings.
Easement. A grant by a property owner to the use of the land by the public, a corporation, or persons for specific purposes as the construction of utilities, drainage ways and roadways.
Easement, Conservation. A non-possessor's interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open space values of real property; assuring its availability for agricultural, forest, recreational, or open space use; protecting natural resources; or maintaining air or water quality.
Educational Institution, College or University or Technical. A public or private post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields.
Education Institution, Elementary School. A public, private or parochial school offering educational instruction in grades kindergarten through fifth, licensed by the West Virginia Department of Education.
Education Institution, High School. A public, private or parochial school offering educational instruction in grades nine (9) through twelve (12), licensed by the West Virginia Department of Education.
Education Institution, Middle School. A public, private or parochial school offering educational instruction in grades six through eighth, licensed by the West Virginia Department of Education.
Education Institution, Nursery School or Preschool. A public, private or parochial school primarily for children between the ages of three (3) and five (5), providing preparation for elementary school; includes nursery school and kindergarten.
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.
Employment Agency. A professional service establishment primarily engaged in providing assistance to individuals who are seeking temporary or permanent employment.
Enlargement. An addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by a permitted use.
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.
Essential Utilities and Equipment. Underground or overhead electrical, gas, communications not regulated by the Federal Communications Commission, water and sewage systems, including pole structures, towers, wires, lines, mains, drains, sewers, conduits, cables, fire alarm boxes, public telephone structures, police call boxes, traffic signals, hydrants, regulating and measuring devices and the structures in which they are housed, and other similar equipment accessories in connection therewith. Essential utility equipment is recognized in three categories: (1) local serving; (2) non-local or transmission through the City; and (3) water and sewer systems, the activities of which are regulated, in whole or in part, by one or more of the following agencies: (a) West Virginia Public Service Commission; (b) West Virginia Department of Environmental Protection; or (c) West Virginia Department of Health and Human Resources.
Establishment. An economic unit, generally at a single physical location, where business is conducted or services or industrial operations performed.
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.
Extension. An increase in the amount of floor area used for permitted use within an existing building.
Exterior Architectural Features. The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material, and the type, design and character of all windows, doors, massing and rhythm, light fixtures, signs, other appurtenant elements and natural features when they are integral to the significance of the site, all of which are subject to public view from a public street, way or place.
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.
Exterminating or Fumigating Service. An establishment primarily engaged in the extermination of insects, pests or rodents.
Façade. That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eves and the entire width of the building elevation.
Façade, 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 façade on a building.
Factory-Built Housing. See Dwelling, Manufactured Home and Dwelling, Modular Home.
Family. One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage or legal adoption, no such family contain more than five (5) non-transient unrelated persons, except where disability requires that more than five (5) unrelated persons reside together; in such cases there shall be no requirement for persons with disabilities to petition, apply or experience a process to obtain approval to live in any zoning district in the City.
Family Day Care Adult Facility. Any facility, except a Family Day Care Adult Home, which is used to provide non-residential personal care for compensation for seven (7) or more adults.
Family Child Care Facility. Any facility which is used to provide non-residential child care for compensation for seven (7) to twelve (12) children for four (4) or more hours per day. The provider may care for no more than four (4) under the age of twenty four (4) months or more than twelve (12) children in total, including children residing in the home under the age of six (6) years. Care may be given in the operator's home or in a facility that is not inhabited by the provider.
Family Child Care Center. A facility maintained by the state or any county of municipality thereof, or any agency or facility operated by an individual, firm, corporation, association or organization, public or private, for the care of thirteen (13) or more children for childcare services in any setting.
Family Child Care Home. A private home which is used to provide non-residential child care for compensation in other than the child's own home. The provider may care for no more than six (6) children, under the age of thirteen (13) years at any one time. No more than two (2) of the total number of children may be less than twenty-four (24) months of age.
Farm Equipment or Supply Sales Establishment. An establishment primarily engaged in the sale of farm equipment and/or supplies, and incidentals such as animal feed, crop seeds, etc.
Farm Products/Raw Materials Sales Establishment. An establishment primarily engaged in the sale of fresh farm produce and farm-related raw materials.
Farmers' Market. An establishment offering for sale fresh agricultural and/or value-added products directly to the consumer. May also include additional compatible and accessory uses such as a restaurant, small retail spaces, etc.
Fence. An artificially constructed barrier of wood, masonry, stone, brick, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas. Also called a wall.
Fence Height. The vertical distance measured from the top of the fence to the lowest point of grade on the exterior side of the fence.
Fill. Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by humans, for purposes of creating a new elevation of the ground.
Financial Service Institution. An establishment primarily engaged in providing financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond brokers, loan and lending activities and similar services.
Firearms Sales Establishment. An establishment primarily engaged in the sale of firearms, ammunition and ammunition components, and hunting or shooting equipment.
Flag. Any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, corporation, lodge, fraternity or sorority, political party, nonprofit organization, charity, club, association or other entity.
Flag, Commercial. A flag displaying the name, insignia, emblem, or logo of a profit-making entity.
Flag, Public. A flag displaying the name, insignia, emblem, or logo of any nation, state, municipality, or noncommercial organization.
Floor Area, Gross. The sum of the gross horizontal areas of the floors of a building or buildings measured from the exterior walls of the building. This definition shall include attic space providing structural headroom of eight (8) feet or more and basement space, unless such space is used for storage.
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.
Florist. A retail establishment whose principal activity is the selling of plants which are not grown on the site and conducting business within an enclosed building.
Fraternal Organization. See Association (Charitable, Fraternal or Social).
Fraternity House. See Dormitory, Fraternity or Sorority House.
Front Yard. The area from the face of the principal structure to all the front lot lines or street right-of-way lines extending to the adjacent side lot lines. (See Appendix B Illustration B-3 for Details)
Frontage.
(1) The boundary of a lot fronting on a public street;
Frontage, Store.
(1) The length of a front store façade;
(2) The length of a front building facade.
Funeral Establishment. 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 performance of autopsies and other surgical procedures;
(c) The storage of caskets, funeral urns, and other related funeral supplies;
(d) The storage of funeral vehicles; and
(e) Facilities for cremation.
Furniture, Fixtures or Equipment Sales/Rental Establishment. Establishments where furniture, fixtures and related equipment are the main items offered for sale or rental; however, these places of business may also sell or rent major appliances and floor coverings.
Furniture Upholstery, Repair or Refinishing Service Establishment. Establishments whose primary services provided include the upholstery, re-upholstery, repair and/or refinishing of furniture that is not constructed on-site.
Gambling Establishment. An establishment that offers any form of gambling or games of chance that is regulated under the provisions of the Limited Video Lottery Act codified in the Code of West Virginia, Chapter 29, Article 22B, Section 101.
Garage or Carport, Detached. A detached accessory or portion of a main building housing the automobiles of the occupants of the premises.
Garage, Public. A building or part thereof for the parking or storage of motor vehicles and in which no other use is conducted, which is available for public use.
Garage Sale. The sale of over five items of personal property on any portion of a lot in a residential zoning district, inside or outside of any building.
Gardens. A planned space, set aside for the display, cultivation, and enjoyment of plants including vegetables, flowers, and fruits, which may include the keeping of chickens and/or bees, for private/personal use.
Garden Center Establishment. Establishments primarily engaged in selling containerized trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools and other garden supplies to the general public and where no trees, shrubs or plants are grown on the premises.
Gas Well Operation. The extraction of natural gas from underground accompanied by the appurtenant equipment and facilities.
Gasoline Station and 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.
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.
Glass Cutting, Coating or Tinting Service Establishment. A service establishment primarily engaged in cutting, coating, tinting, and installation of glass in automobiles, trucks, motorcycles, etc.
Go-Cart Track Facility. A facility that includes a track to race go-carts that are defined as small, low motor vehicles of ten (10) horsepower or less, with four (4) wheels and open framework used exclusively for recreation or amusement.
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.
Golf Course, Miniature. A theme-oriented recreational facility, typically comprised of nine (9) or eighteen (18) putting greens, each with a "cup" or "hole," where patrons in groups of one (1) to four (4) pay a fee to move in consecutive order from the first hole to the last.
Golf Driving Range. A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.
Government Facility. A building or structure owned, operated or occupied by a governmental agency to provide a governmental service to the public. Such facilities are generally exempt from municipal zoning; except when they are sold or leased to a private firm or person for purposes of conducting a nongovernmental use therein.
Grade. The average level of the finished surface of the ground adjacent to the exterior walls of a building.
Grade, Percentage of. The rise or fall of a slope in feet and tenths of a foot for each 100 feet of horizontal distance.
Greenhouse, Commercial. A building used for the growing of plants, all or part of which are sold at retail or wholesale.
Grocery Store. A building used for the sale of primarily food products in a space larger than 3,000 square feet.
Gross Floor Area. See Area, Gross Floor.
Gross Leasable Area. See Area, Gross Leasable.
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.
Ground Floor. The first floor of a building other than a basement.
Group Home. Any home serving non-related persons and may include persons acting as house parents.
Group Residential Facility. A facility which is owned, leased or operated by a behavioral health service provider and which:
(1) Provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled;
(2) Is occupied as a residence by not more than eight (8) individuals who are developmentally disabled and not more than three (3) supervisors or is occupied as a residence by not more than twelve (12) individuals who are behaviorally disabled and not more than three (3) supervisors;
(3) Is licensed by the Department of Health and Human Resources; and
(4) Complies with the State Fire Commission for residential facilities.
Group Residential Home. A building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence.
Group Housing Development. More than one (1) principal residential building per lot of record, with or without accessory uses or structures.
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.
Gymnasium or Athletic Club. A building or a portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreation activities, operated for profit or not-for-profit and which can be open only to bona fide members and guests of the organization or open to the public for a fee.
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.
Hardship, Unnecessary. A hardship by reason of exceptional lot shape, exceptional topographic conditions, or other exceptional physical conditions of a parcel of land. Unnecessary hardship shall not include personal or financial hardship or any other hardship that is self-imposed.
Hardware Store. A facility of 30,000 or fewer square feet gross floor area, engaged in the retail or wholesale sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and household appliance, garden supplies and cutlery.
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.
Health Spa/Club. A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities, operated for profit or not-for-profit. The sale of sports nutrition products, non-alcoholic beverages, packaged health foods, exercise clothing, and sports videos and magazines is permitted as an accessory use to such facilities.
Height, Antenna Tower. The distant from the anchored base of the tower, whether on the top of another building or at grade, to the highest point of the structure, even if the highest point is on the top of an antenna.
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.
Helistop. An area designed to be used for the landing or takeoff of one helicopter, the temporary parking of one 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.
Historic District. A geographically definable area, designated as historic on a national, state or local register, possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development.
Historic Landmark. A site, building, structure or object designated as historic on a national, state or local register.
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.
Historic Structure. Any structure that is:
(a) Listed individually on the National Register of Historic Places or preliminarily determined by the United States Secretary of Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the United States Secretary of Interior as contributing to the historical significance of a registered historic district;
(c) Individually listed on the West Virginia inventory of historic places;
(d) Individually listed on a County, City or other local inventory of historic places that has been certified by an approved State program as determined by the United States Secretary of Interior.
Holiday Decorations. Displays erected on a seasonal basis in observance of religious, national or state holidays, which are not intended to be permanent and contain no advertising material.
Home-Based Business. Any business, occupation, or activity undertaken for gain where the principal office or place of business is located within a residential structure or a permitted accessory structure that is incidental and secondary to the use of that structure as a dwelling unit. A home-based business shall include Level 1 permitted accessory and Level 2 conditional use permit home-based businesses.
Home-Based Business-Level 1. Any home-based business in which the work conducted on the premises includes, but is not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes, or e-mail; preparing or maintaining business records; word and data processing; and telephone, mail order, and off-premises sales or services.
Home-Based Business-Level II. Any home-based business that may require clients or customers to visit the premises providing the business does not create an adverse impact on the surrounding neighborhood as determined by the Board of Zoning Appeals.
Homeowners' Association. An incorporated nonprofit organization operating under recorded land agreements through which:
(1) Each lot owner is automatically a member, and
(2) Each lot is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property and making capital improvements. Also known as a Maintenance Association.
Hospital. Any institution, place, building or agency in which an accommodation of five (5) or more beds is maintained, furnished or offered for the hospitalization of the sick or injured, and may also be referred to, or include ambulatory health care facilities, or ambulatory surgical facilities.
Hospital, Veterinary. A use or structure intended or used primarily for the testing and treatment of animals on an emergency or outpatient basis. Veterinary Hospital shall not include the boarding or training of animals, except for medical purposes and shall not provide outdoor runs or kennels. Also includes veterinary clinic.
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.
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.
Hydroponics. The cultivation of plants in nutrient solution rather than soil.
Hypermarket. A large-scale (minimum of 50,000 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, shoe repair shops, eye care centers, hair salons, etc.
Impervious Surface. Surfaces that do not absorb water. Examples of such surfaces include buildings and concrete or asphalt parking areas, roads, sidewalks, or driveways.
Improvement. Any man-made, immovable item that becomes part of, placed on, or is affixed to real estate.
Incentive Zoning. The process whereby a developer may be granted additional development capacity in exchange for the developer's provision of a public benefit or amenity as may be specified in this ordinance.
Informal Caregiver Home. A home that provides care for three (3) or fewer children. At least one (1) child is not related to the caregiver.
Indoor Self-Storage Facility. See Storage Facility, Indoor Self.
Industrial Equipment Repair Establishment. An establishment primarily engaged in repairing industrial equipment, including repairing heavy-construction and earth-moving equipment.
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.
Industrial Supplies Sales Establishment. Establishments primarily engaged in marketing industrial supplies, such as bearings, boxes, gaskets, bottles, rubber goods, welding supplies, metal containers, and so forth.
Infill Development. To fill in vacant or underused land in existing communities with new development that blends in with its surroundings.
Institutional Use. A school, religious institution, or other use operated by a public agency or non-profit organization.
Instructional Studio. A facility offering educational instruction, having regular sessions with regularly employed instructors, but not a school as defined by the State.
Interior Decorating Service. An establishment primarily engaged in the provision of professional decorating services to customers for a fee.
Janitorial Service Establishment. A service establishment engaged primarily in the cleaning of buildings.
Junkyard. A parcel of land, or portion thereof, where any waste, discarded, used, salvaged, or secondhand materials are bought, sold, exchanged, stored, processed, or handled as a business. Materials shall include scrap iron and other metals, rubber tires, glass, used lumber or brick, or other similar property. A junkyard shall also include a lot, or portion thereof, used for the collecting, dismantling, storage, salvaging, or sale of parts of machinery or appliances not in running condition or inoperative motor vehicles as a business. Junkyard is synonymous with Salvage Yard.
Kennel, Commercial. A facility for the keeping, boarding or maintaining of four (4) or more dogs four (4) months of age or older that are not owned by the kennel owner for commercial purposes, except for dogs in pet shops or animal hospitals.
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.
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; or facilities commonly referred to as "dental lab" or a similar facility where dental, optical, or medical devices or equipment is created on a client-by-client basis.
Land Development. The development of one (1) or more lots, tracts or parcels of land by any means and for any purpose, but does not include easements, rights-of-way or construction of private roads for extraction, harvesting or transporting of natural resources.
Landfill, Earth. The burial of excavated dirt, stone, brick, concrete, fly ash or other solid materials but does not include garbage, rubbish or trash of any other kind.
Landfill, Sanitary. The site at which the depositing and burial of garbage, rubbish and trash occurs permitted in compliance with state and municipal regulations.
Landscaped Area. A portion of the site or property containing vegetation to exist after construction is completed. Landscaped areas include, but are not limited to, natural areas, buffers, streetscapes, lawns and plantings. (See Appendix B Illustration B-7 for Landscaping Details)
Landscaped Buffer. An area of landscaping separating two (2) distinct land uses, or a land use and a public right-of-way, and acts to soften or mitigate the effects of one (1) land use on the other. (See Appendix B Illustration B-7 for Landscaping Details)
Landscaping. Open area devoted primarily to trees, grass, shrubs, or plants to soften building lines, provide shade and generally produce a pleasing visual effect of the premises. As complementary features, fountains, pools, screens, decorative lighting, sculpture, or outdoor furnishings may be placed within the area. (See Appendix B Illustration B-7 for Landscaping Details)
Landscaping Plan. Those site plan requirements listed in the landscaping section of this ordinance. (See Apendix B Illustration B-7 for Landscaping Details)
Library. A building containing printed and pictorial material for public use for purposes of study, reference and recreation.
Limousine Service Establishment. A service establishment that offers the public motor vehicles for carrying or transportation of passengers between points within the City and beyond for a fixed fee, or offering a vehicle with driver for a fixed fee, or offering a vehicle with driver for transportation of passengers at an hourly rate.
Liquor Store. An establishment primarily engaged in the retail sale of packaged alcoholic beverages, such as alcohol, beer, nonintoxicating beer, wine and spirits, solely for off-premises consumption.
Livestock or Poultry, Keeping of (Non-Commercial). Generally-accepted outdoor farm animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.) not to include cats, dogs and other house pets.
Live-Work Quarters. See Dwelling, Live-Work Quarters.
Loading Space. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a vehicle while loading or unloading merchandise, materials, or persons, and which has ingress and egress upon a street, alley, other appropriate means of Access.
Locksmith Establishment. A service establishment primarily engaged in the making of keys, and the making or repairing of locks.
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.
Lot. See Lot of Record.
Lot Area. The total area within the lot lines of a lot, excluding any street rights-of-way. (See Appendix B Illustration B-3 for Details)
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 area created in violation of any provision of the City's subdivision ordinance shall not be eligible for the issuance of permits to build any structure upon. (See Appendix B Illustration B-3 for Details)
Lot, Corner. A lot located at the junction of two (2) or more intersecting streets. (See Appendix B Illustration B-3 for Details)
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. (See Appendix B Illustration B-3 for Details)
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. (See Appendix B Illustration B-3 for Details)
Lot, Flag. A polygonal-shaped lot with the appearance of a frying pan or flag and staff in which the handle is most often used as the point of Access. The handle, when less than the minimum width for a building lot in the zoning district in which it is located, is not to be used in computing the minimum required lot area or delineating the minimum required building envelope.
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.
Lot Line. The property line bounding a lot.
Lot Line, Front. The lot line(s) separating a lot from the street(s). (See Appendix B Illustrations B-4 and B-5 for Details)
Lot Line, Rear.
(1) The lot line that is opposite and most distant from the front lot line;
(2) The rear lot line of an irregular or triangular lot shall be a line entirely within the lot at least ten (10) feet long and parallel to and most distant from the front lot line;
(3) Corner lots shall have no rear lot line.
Lot, Nonconforming. A lot or parcel of land that was of record and lawfully established and maintained but which, because of the enactment of this Ordinance, no longer conforms to the land-use standards or use regulations of the zone in which it is located.
Lot, Pre-existing 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 or use regulations of the zone in which it is located. To qualify as a pre-existing, nonconforming lot of record, the lot had to have been created on or before March 7, 1983.
Lot line, Side. Any lot line which is not a front lot line or a rear lot line.
Lot of Record. A lot which is part of a legal subdivision recorded in the Office of the County Clerk, or a lot or parcel described by metes and bounds the description of which has been so recorded and legally subdivided.
Lot, Through. A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.
Lot Width. The distance between the side lot lines of a lot at the building line.
Machinery Repair Establishment (Small Business Office/Lawn/Garden Machines). A service establishment engaged primarily in the repair of small machinery and equipment including but not limited to machines and equipment used in small business offices, and for lawn and garden care.
Machinery Repair Establishment (Heavy Equipment/Storage/Repair/Rental). A service establishment engaged primarily in the repair of large machinery and equipment as well as the storage and rental of such machinery.
Machinery Shop. A service establishment where the repair and cleaning of machinery is performed.
Manufactured Home or Structure. See Dwelling, Manufactured Home.
Manufacturing, Heavy. The manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations a part of their manufacturing process.
Manufacturing, Light.
(1) Laboratory manufacturing: 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: 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.
Marina. 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.
Marine/Craft Sales/Rental Establishment. An establishment primarily engaged in the retail sale or rental of motorboats and other watercraft, marine supplies, and outboard motors, including incidental storage.
Marquee. A roof-like structure that cantilevers from the wall of a building over its principal entrance, that has no vertical supports other than the wall from which it cantilevers, and that provides a wall surface at least four (4) feet high, generally constructed for purposes of containing a sign.
Mini-Storage. See Storage Facility, Indoor Self or Storage Facility, Mini.
Mini-Warehouses. See Storage Facility, Indoor Self or Storage Facility, Mini.
Miniature Golf Course. See Golf Course, Miniature.
Mixed-Use Development. See Development, Mixed Use.
Modular Home. See Dwelling, Modular Home.
Motel. An establishment providing transient lodging in which the guest rooms are usually accessible from an outdoor parking lot.
Motorcycle Retail Sales Establishment. Establishments primarily engaged in the retail sale of new and used motorcycles, motor scooters, clothing and accessories, and personal watercraft, including incidental storage, maintenance and servicing.
Movie Theatre, Drive-In. An open lot, or part thereof, with its appurtenant facilities, devoted primarily to the showing of movie pictures on a paid admission basis to patrons seated in automobiles. Does not include Adult Motion Picture Theatres.
Movie Theater, Indoor. A building for showing motion pictures or for live dramatic, dance, musical, or other productions, which is usually commercially operated. Does not include Adult Motion Picture Theatres.
Multi-Tenant Commercial Establishment. Any tract of land upon which two or more retail sales or service establishments are located and developed as a unit with accessory parking facilities. Multi-tenant developments are distinguished from miscellaneous collections of individual stores and/or office buildings developed independently and standing on separate parcels along street frontages or clustered in a contiguous area with or without incidental off-street parking. Also called multi-tenant complex or multi-tenant office building.
Mural. Any pictorial or graphic representation applied on an outside wall, façade, or other surface of a building or structure, generally for the purposes of decoration or artistic expression. Any such graphic representation conveying a commercial message shall be considered a sign and shall be included in the calculations of allowable sign area.
Museum. A building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific, or literary collections, or works of art, and arranged. intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public.
Music Instruction or Studio. See Instructional Studio.
Nonprofit Organization. Any person(s), partnership, association, corporation or other group legally established under federal and state law whose activities are conducted for unselfish, civic, or humanitarian motives, or for the benefit of others, and not for the gain off any private individual or group and may include, but shall not be limited to, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, athletic, or medical activities.
Nursing home. Rest home, convalescent home, or home for the aged devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illness, disease, deformity, or injury not requiring the intensive care that is normally provided by hospitals, but who do require care in excess of room and board and who need medical, nursing, convalescent, or chronic care. Institutions primarily for the treatment and care of mental patients, alcoholics, or drug addicts shall not be considered nursing homes.
Oil or Gas Well Operation. The extraction of oil from underground accompanied by the appurtenant equipment and facilities.
Office, Apartment Rental. An accessory building, or part thereof, used primarily for the purpose of performing the administrative and clerical duties associated with renting or leasing the apartment units in a development containing at least twenty (20) units.
Office, Associated with Permitted Industrial Land Use. An accessory building, or part thereof, used primarily for the purpose of performing the administrative and clerical duties associated with the principal permitted industrial land use.
Office Building. A building used primarily for offices that may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper, or snack stand.
Office. Business or Professional (Unlimited). 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 percent (20%) of the gross revenue from the office, then the premises shall be considered a store rather than an office.
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 (1) or more parcels under single ownership.
Office, Professional. A building, or part thereof, used for conducting the affairs of a business, profession, service industry, or government. Does not include the sale or display of materials or goods.
Open Space. Any land or area, the preservation of which in its present use would:
(1) Conserve or enhance natural or scenic resources; or
(2) Promote streams or water supply; or
(3) Promote conservation of soils, or wetlands; 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.
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 schools, community centers or other similar areas in public ownership.
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.
Operational Vehicle. A vehicle immediately capable of being driven.
Overlay District. A zoning district that extends on top of a base zoning district and is intended to protect certain critical features and resources. Unlike a planned unit development, overlay districts govern only development standards. The uses permitted in the underlying zoning district remain the same.
Parapet. The portion of a wall which extends above the roofline.
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 City's subdivision ordinance are adhered to.
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.
(See Appendix B Illustrations B-8 and B-9 for Parking Details)
Parking Aisle. The clear space for either one or two-way traffic movement or maneuvering between rows of parking stalls.
Parking, Off-Street. Space occupied by automobiles on premises rather than streets.
Parking, On-Street. The storage space for an automobile that is located within the street right-of-way.
Parking Lot, Commercial. A private parking lot that is the stand-alone use of a parcel, and whose stalls are leased to individuals.
Parking Lot, Restricted Accessory. A parking lot, whether free or for compensation, and available for private use or as an accommodation for clients or customers, that is the sole use of a parcel and provides parking accessory to a use on a separate parcel.
Parking, Public Lot. A publicly owned or operated open area other than a street or alley, designed to be used for the temporary parking of more than four (4) motor vehicles, whether free or for compensation, and available for public use or as an accommodation for clients or customers.
Parking, Shared. A public or private parking area used jointly by two (2) or more uses.
Parking Space. A space in a garage or parking area, not less than eight and one-half (8.5) feet wide clear dimension and eighteen (18) feet long clear dimension, reserved for the parking of only one (1) automobile.
Parking Space, Compact. A space in a garage or parking area, not less than seven and one-half (7 ½) feet wide clear dimension and fifteen (15) feet long clear dimension, reserved for the parking of only one (1) compact automobile.
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.
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.
Parsonage. The permanent place of residence of the pastor or minister of a church. May be considered accessory to a church.
Patio. A level surfaced area directly adjacent to a principal building, without walls or a roof. A patio may be constructed of any material or combination of materials and is typically constructed at grade level or slightly higher.
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.
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 by taking chattel mortgage security thereon and takes or receives such personal property.
Pennant. Any lightweight plastic, fabric, or other material, whether 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.
Permanent Cosmetics. A cosmetic technique involving the injection of pigment into the skin as a means of producing designs that resemble makeup, such as eyebrows, eye lining and other permanent enhancing colors to the skin of the face, lips, and eyelids.
Performance Guarantee. Any security that may be accepted by the City as a guarantee that improvements required as part of an application for development are satisfactorily completed.
Performing Arts Complex. A building where music, dance, theatre or other performing art is staged for attendance by the general public, with or without admission.
Person. Any association, company, corporation, firm, organization or partnership, singular or plural, of any kind.
Personal Services Establishment. A business which is associated with the grooming or health of persons or the maintenance or repair of personal wardrobe articles and accessories, and may include a barber shop, beauty parlor, shoe repair shop, self-service laundry, but not a tattoo parlor. The definition shall apply whether or not the individual engaged in the offering of said service is required to be licensed by the State of West Virginia.
Personal Storage Facility. See Storage Facility, Indoor Self or Storage Facility, Mini.
Pet Shop. A retail establishment engaged primarily in the sale of domestic animals such as dogs, cats, fish and birds, and reptiles, including exotic animals, and farm animals such as horses, goats, sheep and poultry.
Petroleum Storage (Tank Farm) An open air facility containing a number of above-ground, large containers for the bulk storage in liquid form of petroleum, chemical or other similar substances.
Petroleum Manufacturing (Refining or Related) The recovery of crude oil and, often, associated natural gas from the earth.
Photograph Finishing Establishment (with On-Premises Processing). A retail establishment engaged in the processing of photographs and the sale of such photographs, and related supplies and equipment.
Photography Studio. A retail establishment engaged primarily in professional photography for a fee.
Plan, Land Development. A written description for the development of land.
Planned Unit Development. See Development, Planned Unit.
Plat, Land Development. A map of the land development.
Plaza. An open space that may be improved, landscaped, or paved usually surrounded by buildings or streets.
Porch. A covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes. If a porch is uncovered it is considered to be a deck.
Printing or Publishing Establishment. An establishment for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include but are not limited to photocopying, blueprint and facsimile sending and receiving, and including offset printing.
Professional Services Establishment. An establishment engaged in providing professional services such as consulting, legal, engineering, accounting, architectural and the like, but not including personal services.
Public Assembly Area, Major. Any stadium, gymnasium, auditorium or performance hall with fixed seating for 1800 or more people and designed and generally used for the purposes of attending, participating or observing programs or events open to the public.
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.
Public Services (Police or Fire). Police and fire service establishments owned, operated and managed by the City of St. Albans.
Public Space. Any lots, tracts or parcels of land, structures, buildings or parts thereof owned or leased by a governing body or unit of government.
Public Utility. An establishment engaged in the generation, transmission, and/or distribution of electricity, gas, steam, water and stormwater management systems.
Quarry. An open pit from which stone, sand, gravel, mineral or fill is taken to be processed for commercial purposes.
Rail Terminal. A type of passenger terminal that receives and discharges passengers by rail, and at which facilities and equipment required for their operation are provided.
Recreational Vehicle (RV). A vehicle built on a single chassis and designed to be self-propelled or towed by another vehicle. A recreational vehicle is not designed or intended for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use. This definition includes vehicles such as travel trailers, motor homes, boats, houseboats, and campers.
Recovery Residence. A place for transitional living arrangement 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 applicable laws.
Recreational or Sports Facility, Group. A private athletic or sports facility designed to serve a large number of people as opposed to individuals or individual families. Such facilities include but shall not be limited to arenas, auditoriums, stadiums, play fields, tracts, and country clubs. Such facilities may contain rooms and other provisions for social functions and the serving of food or alcoholic beverages.
Recyclable Collection Center. A facility for the collection, separation, compaction, processing and storage of recyclable materials until said materials can be transported or transferred to a facility approved and licensed for the recycling of materials.
Refuse Incinerator. A site with one (1) or more incinerators that uses thermal combustion processes to destroy or alter the character or composition of medical waste, sludge, soil or municipal solid waste (excluding animal or human remains).
Religious Institution, (under 80,000 SF). A building where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with the primary purpose. Includes church, synagogue, temple, mosque, or other such place for worship and religious activities.
Religious Institution, (over 80,000 SF). A large, greater than 80,000 SF, specialized type of religious institution that includes such non-traditional Accessory uses as retail sales, residential uses, educational facilities, dormitories, amusement parks, sports facilities and entertainment facilities, as an integral part of the development.
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.
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.
Residential Care Community. Any group of seventeen (17) 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 consideration or the absence thereof, for the sole purpose of providing residential accommodations, personal assistance and supervision on a monthly basis to seventeen (17) 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. The facility shall be licensed and operated in accordance with applicable laws.
Restaurant, without Drive Thru. A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales constitute more than sixty percent (60%) of the gross sales receipts.
Restaurant, Fast Food with Drive-Thru. 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.
Retail Sales Establishment. A business having as its primary function the supply of merchandise or wares to the end consumer. Such sales constitute the primary function of the business when such sales equal at least eighty percent (80%) of the gross sales of the business.
Retaining Wall. A wall or terraced combination of walls used to retain more than eighteen (18) vertical inches of material and not used to support, provide a foundation for, or provide a wall for a building or structure.
Retention System. A storm water facility that is designed to accept runoff from a developed site and discharge it at a limited rate (when the runoff rate into the system drops below the limited rate). A specified volume is stored indefinitely (retained) until it is displaced by runoff from another storm.
Reuse of Structure. The reuse, re-design, renovation, and/or redevelopment of a building which formerly housed a previous land use.
Rezoning. An amendment to the Zoning Map to effect a change of the designated land use district on a parcel of land.
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.
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.
Roundabout/Traffic Circle. A raised island that is usually landscaped and located at the intersection of two (2) streets used to reduce traffic speeds and accidents without diverting traffic onto adjacent residential streets
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.
Sales Establishments (Retail or Wholesale). A business having as its primary function the supply of merchandise or goods for retail or wholesale sale.
Salvage Yard. See Junkyard.
Satellite Dish. See Telecommunications, Satellite Dish.
School. See Educational Facilities.
Screen. See Berm Buffer, or Fence.
Service Establishment. See Personal Services Establishment or Professional Services Establishment.
Setback. The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
(See Appendix B Illustrations B-5, B-6 and B-10 for Setback Details)
Setback, Front. The distance between the street right-of-way line and the closest point of the foundation of a building or projection thereof.
Setback, Garage Entrance. A setback measured from a street lot line to the entrance to a garage or carport. It is essentially a minimum driveway length.
Setback, Rear. The shortest distance between the building line and the rear lot line.
Setback, Side. The shortest distance between the building line and the side lot line.
Sewage Disposal Facility. See Solid Waste Disposal Facility.
Sewage Treatment Plant. A facility designed for the collection, removal, treatment, and disposal of water-borne sewage generated within a given service area.
Sexually Oriented Business. An establishment other than a hotel, motel, or similar establishment offering public accommodations, which for any form of consideration provides a place where any number of persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. See also Adult Book Store, Adult Motion Picture Theatre, Adult Videotape Store, and Adult Entertainment.
Shooting Range, Indoor/Outdoor. The use of a structure or land for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.
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 (2) main configurations of shopping centers are malls and open-air strip centers.
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.
Sidewalk Vendor Stand. Any portable pushcart, or similar device used for the displaying, storing, or transporting of articles offered for sale by a sidewalk vendor.
Sign. Any device including but not limited to letters, words, numerals, figures, emblems, pictures or any part or combination of these used for visual communication intended to attract the attention of the public and visible to the public right-of-way or other properties. (See Appendix C: The St Albans Sign Design Ordinance for Details)
Sign, Abandoned. A sign and/or supporting structure which no longer identifies a bona fide business conducted or product sold on the premises. A sign shall be deemed abandoned when these conditions have been in existence for a period exceeding ninety (90) consecutive calendar days.
Sign, Animated. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
Sign Awning. A sign located on an awning. See Canopy Sign.
Sign, Back-to-Back. Two (2) or more integrally connected signs facing in opposite directions and separated by not more than five (5) feet.
Sign, Banner. A sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing. All banners are temporary signs.
Sign, Blade. A projecting sign mounted on a building façade oriented primarily for pedestrians.
Sign, Building. Any sign attached to any part of a building.
Sign, Building Marker. Any sign indicating the name of a building and date and incidental information about its construction. Such sign typically is cut into a masonry surface or made of bronze or other permanent material and is not regulated under this ordinance.
Sign, Canopy. Any sign that are a part of or attached to a structural protective cover over a door, entrance, window or outdoor service area. A marquee sign is not a canopy sign.
Sign, Changeable Copy. Any sign designed so that letters or numbers attached to the sign can be periodically changed to indicate a different message.
Sign, Commercial Message. Any sign, wording, logo or other representation, except for the actual name of the business, that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
Sign, Construction. Any sign bearing the names of contractors, architects, engineers and the like, or advertising, promotions, price ranges and similar information that is placed at a construction site that has received development plan approval from the City.
Sign Copy. Any word, letter, number or emblem affixed to the sign surface either permanently or in removable form.
Sign, Directional. An on-premises sign that includes information assisting in the flow of pedestrian or vehicular traffic such as enter, exit, and one-way. A directional sign excludes commercial messages and logos but may include information, that has a purpose secondary to the use of the site on which it is located, such as "no parking," "entrance," "loading only," "telephone," and similar information and directives. A directional sign may also include information stating the hours of operation of a business, emergency telephone numbers, credit card usage, or other information of a similar nature.
Sign, Directory. A ground or building sign that lists tenants or occupants of a building or project with unit numbers, arrows or other directional information.
Sign, Electronic Message Board. A sign with a fixed or changing display/message that is electronically programmed and can be modified by electronic processes.
Sign, Externally Illuminated. A sign illuminated primarily by light directed toward or across it or by backlighting from a source not within it. Sources of illumination for such signs may be in the form of gooseneck lamps, spotlights, or luminous tubing.
Sign Fabrication or Painting Establishment. A service establishment engaged primarily in the production, painting, repairing and finishing of signs.
Sign, Flashing. A sign, the illumination of which is not constant in intensity when in use, and which exhibits sudden or marked changes in lighting effects.
Sign Face. The area of a sign on which the copy is placed.
Sign, Freestanding. A sign that is attached to, erected on, or supported by some structure (such as a post, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than support.
Sign, Ground. Any sign attached to the ground. See freestanding sign.
Sign, Identification. A sign that identifies a business, owner, resident, or street address and which sets forth no commercial logo or other advertisement.
Sign, Internally Illuminated. A sign whose light source is either located in the interior of the sign so that the rays go through the face of the sign, or which is attached to the face of the sign and is perceived as a design element of the sign.
Sign, Marquee. A sign attached to or mounted on a marquee.
Sign, Menu-Board. An accessory sign providing items and prices associated with a drive-thru window.
Sign, Monument. A freestanding sign where the base of the sign structure is on the ground or a maximum of twelve (12) inches above the adjacent grade. The width of the top of the sign structure can be no less than ninety (90) and no more than one hundred twenty percent (120%) of the width of the base.
Sign, Neon. A sign containing glass tube lighting in which a gas and phosphors are used in combination to create a colored light.
Sign, Nonconforming. A sign lawfully erected and maintained prior to the effective date of this Ordinance that does not conform with the requirements of this Ordinance.
Sign, Off-Premise. A sign that directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed.
Sign, On-Premise. Any sign identifying or advertising a business, person, activity, goods, services, or products, located on the premises where the sign is installed and maintained.
Sign, Pole. A sign that is mounted on a freestanding pole(s) or other support so that the bottom edge of the sign face is six feet or more above the grade. Also called a pylon sign.
Sign, Political. A sign attracting attention to political candidates or issues, expressing support for a candidate for public office or another position regarding a public figure or issue, but bearing no commercial message.
Sign, Portable. Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; and balloons used as signs.
Sign, Post and Panel. A sign consisting of one (1) or more panels which are supported between two posts and which is permanently placed in the ground.
Sign, Projecting. Any sign attached to a building wall and extending laterally more than eighteen (18) inches from the face of such wall.
Sign, Public Information. Any sign erected and maintained by public officials or public agencies or approved and authorized for use by state or local government authorities.
Sign, Real Estate. A sign advertising real property for sale or for lease.
Sign, Roof. A sign erected, constructed, and maintained above the eaves of a building.
Sign, Sandwich Board. A sign not permanently attached to the ground or some type of permanent structure; a sign connected to or located on A or T frames; a two (2) sided sign attached to boards.
Sign, Shingle. A sign suspended from and located entirely under a covered porch, covered walkway or awning.
Sign, Special Event. A sign advertising or announcing a special community wide event or activity conducted by, or sponsored by, or on behalf of a unit of local government, a charitable organization, or a nonprofit corporation. A special community wide event or activity is one that occurs not more than twice in any twelve (12)-month period and seeks to attract donations, participants, or customers throughout the City.
Sign, Suspended. A sign that is suspended from the underside of a horizontal plane surface and supported by such surface.
Sign, Temporary. Any sign that is used only temporarily and is not permanently mounted.
Sign, Traffic. A sign indicating federal, state, or municipal regulations for automobile, truck, bicycle or pedestrian movement.
Sign, V-Type. For purposes of computing surface area, is two separate signs if the angle between the two (2) outer surfaces is less than sixty (60) degrees; otherwise the wings shall be considered one (1) sign.
Sign, Wall. Any sign painted on or attached to and extending not more than six (6) inches from an exterior wall in a parallel manner.
Sign, Window. Any sign that is visible to the public right of way through the glassed areas of a building including numbering, lettering, or writing, pictorial representation, emblem, flag, or any other figure of similar character. The window area covered by signage shall not exceed twenty-five percent (25%) of the total window square footage but may be increased to fifty percent (50%) of the total window square footage if there are no wall signs on the premises.
Significant Building. Any building listed on the St. Alban's Historic Landmarks Commission's Local Register of Historic Places under the St. Albans City Code. The register may consist of the National Register of Historic Places, including districts and individual listings as well as locally designated historic districts, historic landmarks and historic sites. Significant buildings shall be shown on the official zoning map of the city.
Sign plate, Building. A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
Site. A lot, tract or parcel of land considered as one (1) land-unit for purposes of this ordinance. For a single-family residence, the site shall be the subdivided lot on which it is located. For multi-family projects, the site shall be all land occupied by the buildings in the project and adjoining such property and under common ownership with it. For vacant land, the site shall be all of the adjoining vacant land under single ownership. For single-occupancy, non-residential properties, the site shall be the subdivided lot that is occupied. For multiple-occupancy properties, the site shall be all land included under the original "site plan" or "subdivision plan" approval under this Ordinance.
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.
Skating Rink. An establishment that provides facilities for participant skating.
Slaughterhouse. A facility for the slaughtering and processing of animals and the refining of their byproducts.
Solid Waste Disposal Facility. An establishment for the disposition of unwanted or discarded material, including garbage with insufficient liquid content to be free flowing. Synonymous with Sewage Disposal Facility.
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).
Sorority House. See Dormitory, Fraternity or Sorority House.
Specified Anatomical Areas.
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernible turgid state, even if completely or opaquely covered.
Specified Sexual Activities.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling, erotic display or erotic touching of human genitals, pubic region, buttocks or breasts, even if completely and opaquely covered.
Speech, Commercial. Speech or graphics advertising a business, profession, commodity, service or entertainment.
Speech, Non-Commercial. Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.
Sporting Goods. Establishments primarily engaged in selling sporting goods, sporting equipment and accessories.
Sports Club. Building and facilities, owned or operated by a corporation, association, person or persons, for an athletic or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business.
Sprawl. Poorly planned or uncontrolled growth, usually of a low density nature, within previously rural areas, that is land consumptive, auto-dependent, designed without respect to its surroundings, and some distance from existing development and infrastructure.
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.
Stacking Lane. An area for temporary queuing of motor vehicles.
Stick-Built House. Standard residential construction using traditional wood frame building materials.
Storage Building, Detached. An accessory structure used for the storage of materials or equipment outside of a principal structure on a lot.
Storage, Enclosed. Storage that is completely screened from view by walls and a roof.
Storage Facility, Indoor Self. A structure containing separate, individual and private storage spaces of varying sizes that are leased or rented by individual lease for varying periods of time, with the use contained within one building and the storage bays access ed primarily from the interior of the building.
Storage, Facility, Mini Storage. One (1) or more structures containing separate, individual and private storage spaces of varying sizes leased or rented by individual leases for varying periods of time, with the use contained in one (1) or more buildings with the storage bays accessed primarily from the exterior of the building or buildings.
Stormwater Detention. Any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
Stormwater Management. Any storm water management technique, apparatus, or facility that control or manages the path, storage, or rate of release of storm water runoff. Such facilities may include storm sewers, retention or detention basins, drainage channels, drainage swales, inlet or outlet structures, or other similar facilities.
Story. That portion of a building above ground level at the building line between floors, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling or roof above.
Street. A way designated or intended for general public use, open to vehicular and pedestrian travel.
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 exists are provided only at controlled intersections and access is denied to abutting properties.
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.
Street, Cul-de-sac. A street with a single common ingress and egress and with a turnaround at the end.
Street, Dead-end. A local street open at one end only and without a special provision for vehicles turning around.
Street Frontage. The distance for which a lot line adjoins a public or private street from one (1) lot line intersecting said street to the furthest lot line intersecting the same street.
Street, Frontage Road. A minor street, parallel to and adjacent to an arterial street, whose primary purpose is providing access to abutting properties.
Street, Interstate Highway. The highest type of primary arterial highway, with full Access control, high design speeds. Access control is exercised to give preference to through traffic, by providing Access connections with selected public roads only, and by prohibiting crossings at grade or direct private driveway connections.
Street, Loop. A short, independent street that usually terminates along the same collector street of its origin.
Street Private. Any road or street that is not publicly owned and maintained and used for Access by the occupants of the development, their guests, and the general public.
Street, Residential. A street used primarily for access to abutting properties, usually residential.
Structure. Anything constructed or erected the use of which requires permanent location of the ground or attachment to something having a permanent location on the ground. The word "structure" shall include the word "building".
Structure, Accessory. A subordinate structure detached from but located on the same lot as a principal structure. The use of an accessory structure must be accessory to the use of the principal structure.
Structure, Detached. A structure with no vertical common or party wall with another structure.
Structure, Nonconforming. A structure that legally existed prior to the adoption date of this Ordinance, but which is not in compliance with the requirements of this Ordinance for the district in which the structure is located.
Structure, Principal. A building in which is conducted the principal use of the lot on which it is located.
Subdivision. The division of a lot, tract or parcel of land into two (2) or more lots, tracts or parcels, or the recombination of existing lots, tracts or parcels of land.
Subdivision Regulations. The Subdivision Regulations of the City of St Albans, West Virginia, as adopted by ordinance by St Albans City Council and as subsequently amended.
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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 a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".
Swimming Pool, Community. A swimming pool and/or wading pool, including buildings necessary or incidental thereto, operated by a public or nonprofit entity for the benefit of the general public or private membership.
Swimming Pool, Private. A swimming pool and/or wading pool, including buildings necessary or incidental thereto, for the exclusive use by members of a household or residents of an apartment complex and not open to the general public.
Tattoo/Body-Piercing Studio. An establishment whose principle business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:
(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. Facilities offering ear piercing and permanent cosmetics as accessory to a permitted use shall not be considered Tattoo/Body-Piercing Studios.
Taxi. Any motor vehicle other than a limousine offered to the public by a public taxicab business for the purpose of carrying or transporting passengers for a charge or a fee.
Taxi Service. A service that offers transportation in passenger automobiles and vans to persons including those who are handicapped in return for compensation. The business may include facilities for servicing, repairing and fueling the vehicles.
Telecommunications Antenna. Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes and omnidirectional antennas, such as whips, at frequencies on the electromagnetic spectrum as the Federal Communications Commission from time to time may designate, used for cellular telecommunications service and/or personal communications service, but not including such structures or devices when used for the broadcast of television or AM/FM radio stations or for citizen's band or amateur radio use. Examples of cellular telecommunications or personal communications service include, but are not limited to, cellular telephone, paging, public safety, data transmission, Specialized Mobile Radio, Enhanced Specialized Mobile Radio, and other commercial private radio services.
Telecommunications Facility, Class I. Class I telecommunications facilities shall include but are not limited to such facilities as television antennas, ham radio antennas, AM/FM reception. No Class I facility may be utilized for cell phone reception.
Telecommunications Facility, Class II. Class II telecommunications facilities shall include but are not limited to such facilities as antennae and associated electronic equipment designed expressly for use by cell phone companies, as regulated under the Federal Telecommunication Act of 1996, that is not intended to be supported by or attached to a new telecommunications tower, as defined.
Telecommunications Facility, Class III. Class III telecommunications facilities shall include but are not limited to such facilities as antennae and associated electronic equipment that is supported by or attached to a new telecommunications tower, as defined herein, and is designed expressly for use by cell phone companies, as regulated under the Federal Telecommunications Act of 1996.
Telecommunications Facility. A lot, tract, or parcel of land that contains a telecommunications antenna, its support structure, any accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications transmission.
Telecommunications, Satellite Dish Antenna. Any privately-owned, round, parabolic antenna measuring less than thirty (30) inches in diameter intended to receive signals from orbiting satellites and other sources.
Telecommunications Tower. Any structure that is designated and constructed primarily for the purpose of supporting one or more telecommunication antennas. This includes guyed towers, lattice towers, monopoles, alternative cellular antenna tower structures, and towers taller than fifteen (15) feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.
Telecommunications Tower, Alternative Structure. Towers designed with alternative design structures such as clock towers, artificial trees and similar non-traditional structures that are compatible with the surroundings and camouflage or partially conceal the presence of telecommunications towers. Antennae erected on alternative structures such as ball field light poles, electric utility poles, water towers and similar existing structures.
Telecommunications Towers, Co-location of. Locating one (1) or more telecommunication antennas for more than one (1) provider on a single telecommunication tower or alternative tower structure on a single lot.
Television or Radio Studio. A facility for the staging and recording of video or audio productions such as television or radio programming.
Theater. An establishment offering to the public movies or live performances.
Towing Service. See Automobile Wrecker Service.
Traditional Neighborhood. A community that exhibits some or all of the following characteristics: streets laid out in a grid system, alleys, buildings oriented to the street, pedestrian-orientation, compatible and mixed land uses.
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.
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.
Travel Agency. A service establishment engaged primarily in the provision of travel arrangements including but not limited to airline, cruise, hotel and rental car reservations, trip planning and other associated services.
Travel Trailer Park. A privately-owned area that is occupied or intended for occupancy by persons using recreational vehicles, motor homes, or mobile trailers for lodging and is held out to the public as such. Does not include manufactured housing units or mobile homes.
Tree, Public. Any tree located on city owned or controlled property including parks, street rights-of-way, parkways, etc.
Unnecessary Hardship. See Hardship, Unnecessary.
Upholstery/Interior Decorating Service. An establishment offering re-upholstery and repair services and specific upholstery materials for sale.
Urban Farm. Growing, washing, packaging and storage of fruits, vegetables and other plant products for wholesale or retail sales.
Use. Any purpose for which a building or other structure of a tract of land may be maintained or occupied; or any activity, occupation, business, or operation carried on in a building or other structure or on a tract of land.
Use, Accessory. A land-use that is
(1) Customary and incidental to the principal use located on the same lot;
(2) Subordinate in area, extent and purpose to the principal use;
(3) Contributes to the comfort, convenience, or necessity of the principal use; and
(4) Is located on the same lot and in the same zoning district as the principal use.
Use, Conditional. A land use which because of special requirements or characteristics may be permitted in a particular zoning district only upon showing that such use in a specified location will comply with and conform to all the conditions and standards for the location or operation of such use as specified in this zoning ordinance and authorized by the Board of Zoning Appeals.
Use, Existing. The use of a lot or structure at the time this Ordinance was enacted.
Use, Nonconforming. A use that was valid when brought into existence, but by subsequent regulation becomes no longer conforming. This may be a structure, use, or parcel of land.
Use, Permitted. A use permitted in a district "by-right", upon satisfaction of the standards and requirements of this ordinance.
Use, Principal. The primary use of any lot.
Use, Public. A use by an agency or department of the city, county, state, or federal government. This shall also include public utilities or uses by any organization that receives funding either all or in part from any agency or department of the city, county, state, or federal government. This shall also include buildings and premises used in the operation of the public use.
Variance. A deviation from the terms of this Ordinance.
Viewshed. The area within view from a defined observation point.
Vision Triangle, Clear. An area of unobstructed vision at street intersections between two and one-half (2 ½) and eight (8) feet above the crown of the adjacent roadway within a triangular area at the street corner, which area is bounded by:
(1) The street property lines of the corner lot and a line connecting points twenty (20) feet distant from the intersection of the property lines of such lot; or
(2) The curb lines of an intersection and a line connecting points forty (40) feet distant from the corner of the intersection, such corner determined by projecting the curb lines out to a specific point, whichever is the lesser. (See Appendix B Illustration B-11 for Details)
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.
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.
Warehousing or Storage Yard. Establishments involved in storing, stocking or distributing of merchandise or commodities.
Waste Disposal, Industrial. The disposal of material resulting from a production or manufacturing operation.
Watercraft. Boat or craft principally designed to be propelled on or in the water by wind, engine power or electric motor.
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.
Wildlife Preserve. An area maintained in a natural state for the preservation of both animal and plant life.
Windblown Device. Any banner, pennant, spinner, streamer, propeller, disc, moored blimp, gas balloon or flag (which is not of local, state, federal, corporate, nonprofit or religious origin) that is designed to inform or attract attention, whether or not such device carries a message, all or part of which is set in motion by wind, mechanical, electrical or any other means.
Wine / Beer Sales Establishment. An establishment primarily engaged in the legal sale of beer and/or wine where no on-site consumption is permitted.
Zero Lot Line. The location of a building on a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line.
Zoning District. A specifically delineated area or district within the corporate limits of the City for which the requirements governing use, placement, spacing, size, lot dimensions, and bulk of buildings and premises are uniform.
Zoning Map. The zoning map or maps of the City together with all amendments subsequently adopted which is part of this Ordinance and which delineate the boundaries of the zoning districts.
Zoo. An area, building or structures which contain wild animals on exhibit for viewing by the public.
(Ord. 2023-02. Passed 4-17-23.)