Weston City Zoning Code

BOARD OF

ZONING APPEALS

§ 157.035 BOARD ESTABLISHED.

There is hereby created a Board of Zoning Appeals to hear appeals on zoning issues, to hear conditional use permit applications and variance applications, and to review nonconforming uses, to be known as “the city’s Board of Zoning Appeals”.

(Ord. passed 6-3-2019)

§ 157.036 BZA MEMBERSHIP; ELIGIBILITY REQUIREMENTS.

(A) The city’s Board of Zoning Appeals shall have five members to be appointed by the governing body. Each member of the city’s Board of Zoning Appeals shall be a resident of the city for at least three years preceding his or her appointment. A member cannot be a member of the Planning Commission and cannot hold any other elective or appointive office in the city.

(B) The members shall be appointed for the following terms: one for a term of one year; two for a term of two years; and two for a term of three years. The terms shall expire on January 1 of the first, second, and third years, respectively, following appointment. Thereafter, members shall serve three-year terms. If a vacancy occurs, the governing body shall appoint a member for the unexpired term.

(C) The governing body may appoint up to one additional member to serve as an alternate member of the city’s Board of Zoning Appeals. The alternate member must meet the same eligibility requirements as set out in division (A) above. The term for an alternate member is three years.

(D) An alternate member shall serve on the Board when one of the regular members is unable to serve. The alternate member shall serve until a final determination is made in the matter to which the alternate member was initially called on to serve during the alternate member’s term.

(E) The city’s Board of Zoning Appeals shall establish written rules and procedures for designating an alternate member. An alternate member shall have the same powers and duties of a regular Board member.

(F) The members and alternate members of the city’s Board of Zoning Appeals shall serve without compensation but shall be entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their official duties.

(Ord. passed 6-3-2019)

§ 157.037 MEETING OF THE BOARD OF ZONING APPEALS.

(A) The city’s Board of Zoning Appeals shall meet at least quarterly and may meet more frequently at the written request of the Chairperson or by two or more members.

(B) Notice for a special meeting must be in writing, include the date, time, and place of the special meeting, and be sent to all members at least two days before the special meeting.

(C) Written notice of a special meeting is not required if the date, time, and place of the special meeting were set in a regular meeting.

(D) The city’s Board of Zoning Appeals must have a quorum to conduct a meeting. A majority of the members of the Board shall constitute a quorum. No action of the Board is official unless it is authorized by a majority of the members present at a regular or properly called special meeting.

(E) At its first regular meeting of each year, the city’s Board of Zoning Appeals shall elect a Chairperson and Vice Chairperson from its membership. The Vice Chairperson shall have the power and authority to act as Chairperson during the absence or disability of the Chairperson.

(Ord. passed 6-3-2019)

§ 157.038 POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS.

The city’s Board of Zoning Appeals shall have the following powers and duties:

(A) Hear, review, and determine appeals from an order, requirement, decision, or determination made by an administrative official charged with the enforcement of this zoning ordinance or rule and regulation adopted pursuant thereto;

(B) Authorize exceptions to the district rules and regulations only in the classes of cases or in particular situations as specified in this zoning ordinance;

(C) Hear and decide conditional uses of this zoning ordinance upon which the Board is required to act under this zoning ordinance;

(D) Authorize, upon appeal in specific cases only as provided in this zoning ordinance, a variance to this zoning ordinance;

(E) Reverse, affirm, or modify the order, requirement, decision, or determination appealed from so long as the action of the Board taken on appeal is consistent with the rules, regulations, and requirements of this zoning ordinance;

(F) Authorize, upon appeal, the substitution of one legal nonconforming use existing at the effective date of this zoning ordinance for another similar nonconforming use; provided further, that upon substitution all applicable landscaping requirements of this code shall be satisfied;

(G) Promulgate and adopt written rules and regulations concerning:

(1) The filing of appeals, including the process and forms for appeal;

(2) Application for variances and conditional uses;

(3) The giving of notice; and

(4) The conduct of hearings necessary to carry out the Board’s duties under the terms of this subchapter.

(H) Keep minutes of the Board’s proceedings;

(I) Keep an accurate and complete audio record of all the Board’s proceedings and official actions and keep the audio record in a safe manner, which audio record is accessible within 24 hours of demand, for three years;

(J) Record the vote on all actions taken;

(K) Take responsibility for the custody and preservation of all papers and documents of the Board. All minutes and records shall be filed in the office of the Board and shall be public records;

(L) With consent of the governing body, hire employees necessary to carry out the duties and responsibilities of the Board, provided that the governing body sets the salaries; and

(M) Supervise the fiscal affairs and responsibilities of the Board.

(Ord. passed 6-3-2019)

§ 157.039 VARIANCES.

(A) A variance is a deviation from the minimum standards of the zoning ordinance and shall not involve permitting land uses that are otherwise prohibited in the zoning district nor shall it involve changing the zoning classifications of a parcel of land.

(B) The Board of Zoning Appeals shall grant a variance to the zoning ordinance if it finds that the variance:

(1) Will not adversely affect the public health, safety, or welfare, or the rights of adjacent property owners or residents;

(2) Arises from special conditions or attributes which pertain to the property for which a variance is sought and which were not created by the person seeking the variance;

(3) Would eliminate an unnecessary hardship and permit a reasonable use of the land; and

(4) Will allow the intent of the zoning ordinance to be observed and substantial justice done.

(C) The Board of Zoning Appeals shall not grant a variance to allow the establishment of a use in a zoning district when such use is prohibited by the provisions of this code.

(Ord. passed 6-3-2019)

§ 157.040 CONDITIONAL USES.

(A) The conditional use permit procedure is intended to provide the Board of Zoning Appeals with review of requests to establish uses that may be appropriate in a zoning district, but that may have the potential for negative impacts on the health, safety, and welfare of the public. The conditional use standards provided in this section are intended to avoid, minimize, or mitigate adverse impacts conditional uses may have on the health, safety, and welfare of the public.

(B) All applications for a conditional use permit shall demonstrate that:

(1) The use is consistent with the policies and intent of the corresponding purpose for the zoning district in which it lies and the city’s comprehensive plan;

(2) The use is physically and operationally compatible with the surrounding neighborhood and surrounding existing uses;

(3) The use will be designed, constructed, operated, and maintained so that it does not cause substantial injury to adjoining property;

(4) The use will be adequately served by public facilities and services which include but are not limited to water, sewer, electric, schools, streets, fire and police protection, storm drainage, public transit, and public parks and trails;

(5) Adequate off-street parking will be provided on the same property as the proposed conditional use as well as adequate ingress and egress to the property in compliance with the standards set forth in this code;

(6) Any storage of hazardous material will comply with all state, federal, and local regulations, and all such material will be listed and made known to the Fire Chief;

(7) The use will not endanger public health, safety, or welfare or constitute a public nuisance; and

(8) The use will not conduct operations in connection with the use that are offensive, dangerous, or destructive of the environment,

(C) Conditions may be imposed on a proposed conditional use to ensure that potential significant adverse impacts on surrounding uses will be reduced to the maximum extent feasible, including but not limited to, conditions or measures addressing:

(1) Location on a site of activities that generate potential adverse impacts such as noise and glare;

(2) Hours of operation and deliveries;

(3) Location of loading space and delivery zones;

(4) Light intensity and hours of full illumination;

(5) Placement of outdoor vending machines;

(6) Loitering;

(7) Litter control;

(8) Placement of trash receptacles;

(9) On-site parking configuration and facilities;

(10) On-site circulation; and

(11) Privacy concerns of adjacent uses.

(D) Conditional use permit decisions are made by the Board of Zoning Appeals (BZA). In considering the proposed conditional use, the BZA must determine whether the applicable standards and requirements under this section have been met. The BZA may impose additional conditions and safeguards deemed necessary.

(E) The breach of any condition, safeguard, or requirement shall be considered a violation of the conditional use permit approval. If the applicant fails to comply with any of the applicable requirements of this zoning ordinance, the BZA shall have the authority to revoke any conditional use permit after providing notice to the property owner and after public hearing is held in the same manner as the original approval.

(F) Any conditional use approved by the Board of Zoning Appeals under which the premises are not used, work is not started within six months, or the use or work has been abandoned for a period of one year, shall lapse and cease to be in effect. The BZA may permit one, six-month extension if the extension is applied for in writing by the applicant prior to the expiration of the approval, provided that the BZA finds that the extension is warranted due to circumstances beyond the control of the applicant.

(G) No application which has been denied wholly or in part by the Board of Zoning Appeals shall be resubmitted for a period of one year from the date of the last denial, unless permitted by the BZA after demonstration by the applicant of a change of circumstances from the previous application.

(Ord. passed 6-3-2019)

§ 157.041 NONCONFORMITIES.

(A) Purpose and applicability. The purpose of this section is to regulate and limit the continued existence of uses, structures, and lots established prior to the effective date of this zoning ordinance or any amendment thereto that do not conform to this code.

(B) General provisions.

(1) Nonconforming lots, structures, or uses may continue to exist, be bought or sold, altered, restored, or extended only in accordance with the provisions of this code.

(2) Nothing in this code shall prevent the strengthening or restoring to a safe condition any portion of a nonconforming structure declared unsafe by a proper authority.

(3) Nothing in this zoning ordinance shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of legal enactment of this code.

(4) Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall apply to any nonconformities existing therein.

(5) Nothing in this section prohibits alterations or additions to or replacement of buildings or structures owned by any farm, industry, or manufacturer, or the use of land presently owned by any farm, industry, or manufacturer but not used for agricultural, industrial, or manufacturing purposes, or the use or acquisition of additional land which may be required for the protection, continuing development, or expansion of any agricultural, industrial, or manufacturing operation of any present or future satellite agricultural, industrial, or manufacturing use.

(1) If a nonconforming use has ceased for one year, abandonment shall be presumed and the nonconforming use shall not resume. Any future use of the land or structures shall conform to and be in accordance with this zoning ordinance. Abandonment of a nonconforming use shall be presumed if one or more of the following conditions exists, indicating intent on the part of the property owner to abandon the nonconforming use:

(a) When the intent of the owner to discontinue the use is apparent;

(b) Utilities, such as water, gas, and electricity, to the property have been disconnected;

(d) When the nonconforming use has been replaced by a conforming use;

(e) When the nonconforming use has been changed to a use permitted or conditional use by the city; or

(f) The business license issued by the city has expired.

(2) Once a nonconforming use has been changed or converted to a conforming use, it shall not thereafter be used for any nonconforming use.

(3) Upon authorization by the Board of Zoning Appeals, a nonconforming use may be changed to another equal or less intense nonconforming use.

(D) Nonconforming buildings or structures.

(1) A lawful nonconforming structure, which is damaged the extent of 50% or more of its reconstruction cost exclusive of foundations, shall not be restored unless it is in full conformance with this code.

(2) A lawful nonconforming structure which is damaged, by neither malfeasance nor wanton disregard by an interested party, to the extent of less than 50% of reconstruction costs exclusive of foundations, if such reconstruction is undertaken within 12 months of when the damage occurred, may be reconstructed, provided that:

(a) The reconstructed structure shall not exceed the height, area, or volume of the original structure; and

(b) Reconstruction shall be commenced within one year from the date the structure was destroyed or condemned and shall be carried on without interruption.

(c) An application to the Board of Zoning Appeals for permission to undertake to reconstruct the structure must be filed prior to undertaking the repairs after the use has been destroyed or damaged, otherwise any structure shall conform to and be in accordance with all applicable rules, regulations, and requirements of the particular district as provided in the zoning ordinance.

(3) The extension of a lawful use to any portion of a nonconforming structure shall not be deemed the extension of a nonconforming use.

(E) Nonconforming lot.

(1) Except as provided in this section, a nonconforming vacant lot existing and of official record as of the effective date of this zoning ordinance may be developed for any of the uses permitted by these regulations in the zoning district in which it is located, provided that the use meets all applicable yard, setback, and minimum square footage requirements for the zoning district in which the lot is located.

(2) A nonconforming vacant lot shall not be developed if it could be combined with an adjoining lot owned by the same person on or after the effective date of these regulations in order to create a single lot. Where an owner owns adjoining property, construction may occur across the lot lines if that is the only way the yard requirements may be met without a variance. If said combination, however, results in the creation of a single lot that is more than one and one-half times the minimum lot width or area required in the zoning district, then the single lot may be divided into two lots of equal width and area without being further classified as nonconforming. For the purposes of this section, ADJOINING shall be deemed to mean the sharing of one or more common lot lines and access to both lots can be provided by the same street without crossing that street.

(F) Nonconforming accessory uses and structures. Nonconforming accessory uses or structures shall not become or replace any terminated principal nonconforming use or structure.

(G) Enlargement or extension of a nonconforming use.

(1) Nonconforming structures used for a permitted use may be enlarged, provided that the enlargement shall not create any additional nonconformity or increase the degree of the existing nonconformity of such structure.

(2) Nonconforming structures and uses may enlarge principal structures by adding decks or porches provided structural nonconformities are not increased and that all requirements of this code are met, including, but not limited to, setback and yard requirements.

(3) Nonconforming uses existing at the time this chapter was passed, or at the time a subsequent amendment creates the nonconforming use, may extend within the building which housed the nonconforming use at the time this chapter was passed, or at the time a subsequent amendment creates the nonconforming use, provided that the area to which the nonconforming use extends was manifestly designed or arranged to accommodate such use, and that no structural alterations are made within the building in order to allow the use to extend, except those that may be required by the Building Code.

(4) Where the nonconforming setback of a building or structure exists, the nonconforming setback may be extended along the same building line as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced.

(5) Nonconforming uses existing at the time this chapter was passed, or at the time a subsequent amendment creates the nonconforming use, may enlarge the building which housed the nonconforming use at the time this chapter was passed, or at the time a subsequent amendment creates the nonconforming use, and extend within such enlargement, provided that:

(a) The enlargement becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel;

(b) The enlargement meets all requirements of this code, including, but not limited to, setback and yard requirements;

(c) The enlargement is for the purpose of expanding the area housing the use which existed at the time this chapter was passed, or at the time a subsequent amendment creates the nonconforming use;

(d) The enlargement and extension does not:

1. Adversely affect the health, safety, and welfare of persons residing or working in the district;

2. Cause a depreciation of the value of other property and uses permitted in the district;

3. Significantly increase traffic congestion;

4. Adversely affect the privacy of persons residing in the immediate vicinity;

5. Increase the hazard in the area of fire, offensive noise, smoke, dust, debris, or other objectionable influences;

6. Adversely affect any recreational, institutional, or other authorized use;

7. Inhibit the desirability, feasibility, or likelihood of future residential or commercial development or expansion in the immediate vicinity; or

8. Occur in a residential zoned district.

(e) The enlargement or expansion brings all off-street parking requirements into conformity.

(6) Time frame to start construction. Enlargement or extension approval shall be void if construction work does not begin within one year from the date of approval, or if work is suspended or abandoned for a period of 90 days at any time after the work is commenced.

(7) Floodplain management requirements. All enlargement or extension of a nonconforming use must comply with the applicable floodplain management requirements.

(Ord. passed 6-3-2019)

§ 157.042 APPEALS TO THE BOARD OF ZONING APPEALS.

(A) An appeal from any order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of a zoning ordinance, or rule and regulation adopted pursuant to a zoning ordinance, shall be filed with the Board of Zoning Appeals.

(B) The appeal shall:

(1) Specify the grounds of the appeal;

(2) Be filed within 30 days of the original order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of a zoning ordinance;

(3) Be on a form prescribed by the Board; and

(4) Upon request of the Board of Zoning Appeals, the administrative official or Board shall transmit all documents, plans, and papers constituting the record of the action from which the appeal was taken.

(Ord. passed 6-3-2019)

§ 157.043 NOTICE AND HEARING OF APPEAL.

(A) Within ten days of receipt of the appeal by the Board of Zoning Appeals, the Board shall set a time for the hearing of the appeal and give notice. The hearing on the appeal must be held within 45 days of receipt of the appeal by the Board.

(B) At least 15 days prior to the date set for the hearing on the appeal, the Board of Zoning Appeals shall publish a notice of the date, time, and place of the hearing on the appeal as a Class I legal advertisement in compliance with the provisions of the state code and written notice shall be given to the interested parties. The publication area shall be the area covered in the appeal.

(C) The Board of Zoning Appeals may require the party taking the appeal to pay for the cost of public notice and written notice to interested parties.

(D) At the hearing, any party may appear in person, by agent, or by an attorney licensed to practice in this state.

(E) Every decision by the Board must be in writing and state findings of fact and conclusions of law on which the Board based its decision. If the Board fails to provide findings of fact and conclusions of law adequate for decision by the Circuit Court and as a result of the failure, the Circuit Court returns an appealed matter to the Board and dismisses jurisdiction over an applicant’s appeal without deciding the matter, whether the court returns the matter with or without restrictions, the Board shall pay any additional costs for court filing fees, service of process, and reasonable attorney’s fees required to permit the person appealing the Board’s decision to return the matter to the Circuit Court for completion of the appeal.

(F) The written decision by the Board shall be rendered within 30 days after the hearing. If the Board fails to render a written decision within 30 days after the hearing, then any party may pursue additional legal remedies to obtain a decision, including, but not limited to, seeking a writ of mandamus.

(G) When an appeal has been filed with the Board of Zoning Appeals, all proceedings and work on the premises in question shall be stayed, except as provided below:

(1) If the official or Board from where the appeal was taken certifies in writing to the Board of Zoning Appeals that a stay would cause imminent peril to life or property;

(2) Upon further administrative proceedings, including, but not limited to, submissions to and reviews by the staff or any administrative body; or

(3) Upon engineering or architectural work that does not disturb the real estate beyond what is necessary to complete engineering, survey work, or other tests.

(H) Nothing in this section prevents a party from obtaining a restraining order.

(Ord. passed 6-3-2019)

§ 157.044 INJUNCTION.

(A) The Planning Commission, Board of Zoning Appeals, or any designated enforcement official may seek an injunction in the County Circuit Court, to restrain the owner, tenant, occupant, other persons or persons responsible, or unit of government from violating the provision of this code or any rule, regulation, or requirement adopted or established hereunder.

(B) The Planning Commission, Board of Zoning Appeals, or any designated enforcement official may also seek a mandatory injunction in the County Circuit Court, directing the owner, tenant, occupant, other persons or persons responsible, or unit of government to remove a structure erected in violation of the provisions of this code or rule, regulation, or requirement adopted or established hereunder. If the Planning Commission, Board of Zoning Appeals, or any designated enforcement official is successful in any suit brought under this section, the respondent shall bear the costs of the action.

(Ord. passed 6-3-2019)

§ 157.045 INTERPRETATION OF CODE.

For the purpose of this code, certain terms and words used herein shall be interpreted as follows.

(A) Words used in the present tense include the future tense.

(B) Words used in the singular number shall include the plural, and words used in the plural number shall include the singular.

(C) The word PERSON shall include a firm, association, organization, limited liability company, limited partnership, corporation, trust, company, as well as a natural individual.

(D) The word CITY shall mean the City of Weston.

(E) The word SHALL and MUST are used to indicate mandatory directives.

(F) The word STRUCTURE shall include the word BUILDING.

(G) The word MAP or ZONING MAP or ZONING MAP, CITY OF WESTON, WEST VIRGINIA or OFFICIAL ZONING MAP shall mean the map that geographically illustrates all zoning district boundaries within the City of Weston, West Virginia, pursuant to the requirements of W. Va. Code Ch. 8A.

(H) The term GOVERNING BODY and CITY COUNCIL shall both mean the City Council for the City of Weston, Lewis County, West Virginia pursuant to the Charter of the City of Weston.

(I) The term PLANNING COMMISSION shall mean the Planning Commission for the City of Weston, Lewis County, West Virginia, pursuant to W. Va. Code Ch. 8A.

(J) DISTRICTS or ZONING DISTRICTS shall mean administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the official zoning map, which is a part of this code.

(Ord. passed 6-3-2019)

§ 157.046 USE DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT BUSINESS. An adult bookstore, movie theater, or movie house or other adult entertainment, as defined herein.

(1) ADULT BOOKSTORE. Any commercial establishment in which is offered for sale as a substantial or significant portion of its stock-in-trade video cassettes, movies, books, magazines or other periodicals, or other media which are distinguished or characterized by their emphasis on nudity or sexual conduct or on activities which, if presented in live presentation, would constitute adult entertainment.

(2) ADULT ENTERTAINMENT. An establishment providing, either as a sole use or in conjunction with or in addition to other uses, entertainment consisting of the use of nudity or of live dancing, posing, displaying, acting, or other live presentation or use of persons whose actions are distinguished or characterized by emphasis on use of the human body in a manner intended to or resulting in arousal of sexual excitation or sexual titillation or a prurient interest or intended to or resulting in producing lustful emotions.

(3) ADULT MOVIE THEATER, MOVIE HOUSE, or ADULT MINI-THEATERS. Any movie theater which on a regular, continuing basis shows films rated X by the Motion Picture Coding Association of America or any movie theater which presents for public viewing on a regular, continuing basis so-called adult films constituting adult entertainment, as defined by this code.

AMPHITHEATER. An outdoor gathering space typically for entertainment which is often constructed with tiers of seats or sloping surfaces that gradually rise outward from a central open space or stage. An AMPHITHEATER may include a bandshell-type structure to provide weather protection to a stage.

AMUSEMENT AND RECREATION CENTER. A business establishment, generally intended for use by all ages, that provides recreation or entertainment, including, but not limited to, swimming pools, dance halls, bowling alleys, skating rinks, billiard and pool halls, video and other coin-operated electronic games, miniature golf courses, indoor archery ranges, table games, trampolines, ball pits, and similar recreational diversions.

ANIMAL HOSPITAL or VETERINARY OFFICE. An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment, but excluding the treatment or other care of humans.

AUTOMOBILE CAR WASH. The use of a site for washing and cleaning of automobiles, recreational vehicles, or other light duty equipment.

BAKERY. An establishment primarily engaged in the retail sale of baked goods for consumption off-site.

BANK/FINANCIAL INSTITUTION. A bank, savings and loan, credit union, or other institution that provides retail banking services to individuals and businesses.

BED AND BREAKFAST INN. A private residence in which overnight accommodations are provided for not more than 12 transient paying guests, along with ancillary services such as providing breakfast, private parties, and evening and lunch meals to guests; holding outdoor events such as weddings, fundraising or civic events for local clubs, and special dinners or meals; and operating gift shops.

BOAT AND MARINE SALES/SERVICE. The sales, service, and repair of new and used boats, boat trailers, marine hardware, and related products.

BOAT STORAGE. An enclosed, partially enclosed, or open facility utilized for the wet or dry storage of boats.

BREWERY PUB. A place of manufacture of nonintoxicating beer or nonintoxicating craft beer owned by a resident brewer as defined by the state code, subject to federal and state regulations and guidelines, a portion of which premises may be designated for retail sales for consumption on the premises of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.

BUILDING MATERIAL FACILITY. An establishment that sells home, lawn, and garden supplies and tools and construction materials, such as brick, lumber, hardware, and other similar materials. Construction goods may be located in outdoor storage.

BUS AND TRANSIT FACILITIES. A facility operated as a bus or rail passenger station or transfer center that may have a covered structure. Typical facilities may include station platforms, bus bays, off-street parking, private access roads, and other passenger amenities.

BUS AND TRANSIT SHELTER. A covered structure, located near a street and designed primarily for protection against the weather for bus or other transit passengers.

CATERING BUSINESS. The preparation and delivery of food and beverages for off-site consumption for a fee.

CEMETERY/MAUSOLEUM. Land used or intended to be used for the disposition of human remains and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries and funeral homes when operated with and within the boundary of such cemetery.

CHILD DAY CARE FACILITY. Is divided into four classes.

(1) CHILD DAY CARE FACILITY, CLASS 1. A facility maintained by the state or any county or municipality thereof, or any agency or facility maintained by an individual, firm, corporation, association, or organization, public or private, for the care of 13 or more children for child care services in any setting, if the facility is open for more than 30 days per year per child.

(2) CHILD DAY CARE FACILITY, CLASS 2. A facility which is used to provide child care services for compensation for seven to 12 children, including children who are living in the household who are under six years of age. No more than four of the total number of children may be under 24 months of age. A facility may be in a provider’s residence or a separate building.

(3) CHILD DAY CARE FACILITY, CLASS 3. A facility which is used to provide child care services for compensation in a provider’s residence. The provider may care for no more than six children at one time, including children who are living in the household who are under six years of age. No more than two of the total number of children may be under 24 months of age.

(4) CHILD DAY CARE FACILITY, CLASS 4. Residential child care services for compensation for three or fewer children, including children who are living in the household who are under six years of age. Care is given in the provider’s own home to at least one child who is not related to the caregiver.

CLINIC. An establishment providing medical, dental, chiropractic, psychiatric, substance abuse treatment, or surgical services exclusively on an outpatient basis, including emergency treatment and diagnostic services.

COMMUNITY FACILITY. A nonprofit facility, whether publicly or privately owned, with the primary goal of providing a community service.

CONTINUING CARE FACILITY. One or more of the following types of facilities.

(1) ADULT ASSISTED LIVING. Any facility, residence, or place of accommodation available for four or more residents for the purpose of having personal assistance or supervision, or both, provided to any residents therein who are dependent upon the services of others by reason of physical or mental impairment and who may also require nursing care at a level that is not greater than limited and intermittent nursing care.

(2) NURSING HOME. Any institution, residence, or place, or any part or unit thereof, however named, which is advertised, offered, maintained, or operated by the ownership or management, whether for consideration or not, for the express or implied purpose of providing accommodations and care, for a period of more than 24 hours, for four or more persons who are ill or otherwise incapacitated and in need of extensive, ongoing nursing care due to physical or mental impairment or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation.

(3) SKILLED NURSING FACILITY. An institution, or a distinct part of an institution, that primarily provides inpatient skilled nursing care and related services, or rehabilitation services, to injured, disabled, or sick persons.

CONVENIENCE STORE. A business establishment that offers convenience goods for sale, such as pre-packaged or limited prepared food items, tobacco, and periodicals, but not displaying merchandise or products outdoors, except where such display is required to sell the merchandise. The use does not include the sale of gasoline unless combined with the gas station use.

CONVERSION OF OLD SCHOOLS/CHURCHES. The adaptive reuse of a former school or church for residential or commercial purposes not affiliated with the prior use.

CULTURAL SERVICE. A site used for the collection, display, or preservation of objects of community or cultural interests, such as a library, museum, or similar facility.

DISTILLERY. As defined by state statutes, an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.

DISTRIBUTION FACILITY. Any premises, or part thereof, which provides logistical support for business, such as freight management, inventory control, storage, packaging, and consolidation of goods for distribution.

DOG DAY CARE. An organized, controlled, and monitored environment for a group of dogs to interact and play throughout the day. The purpose is to provide stimulation, exercise, and socialization for dogs, and ancillary services. Overnight stays are not permitted in DOG DAY CARE facilities unless the use is combined with a kennel.

DRIVE-THROUGH FACILITY.

(1) The use of land, buildings, or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant, window, or automated machine, to persons remaining in motorized vehicles that are in a designated lane or parking spot.

(2) A DRIVE-THROUGH FACILITY may be combined with other uses such as a laundry shop, dry cleaning shop, dry cleaner’s distributing station, branch of a bank or financial institution, restaurant, retail store, or automotive service station.

(3) Despite the above, a DRIVE-THROUGH FACILITY does not include a car washing establishment, automobile service station, or a gas station.

DWELLING, APARTMENT. A building containing several and separate dwelling units, having common corridors and stairways and having shared exit and entrance facilities.

DWELLING, CONDOMINIUM. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a CONDOMINIUM unless the undivided interests in the common elements are vested in the unit owners. Yard requirements apply to structures only and not individual ownership units.

DWELLING, CONVERSION APARTMENT. The remodeling of a single-family dwelling unit into two or more separate living units, each having a minimum of 500 square feet of gross floor area and having separate and private sanitary, cooking, and dining facilities.

DWELLING, GARAGE CONVERSION. Conversion of an existing garage to habitable space for domestic use no smaller than 500 square feet of gross living space.

DWELLING, GARDEN HOME APARTMENTS. A freestanding building containing two or three dwelling units, each of which has direct access to the outside.

DWELLING, MIXED-USE. A building containing a residence with commercial or office uses on the ground floor in the front of the building facing the primary street frontage. Residential units may be on the ground floor, provided they are behind commercial uses and cannot be accessed from any portion of the building that faces the primary street.

DWELLING, SINGLE-FAMILY. A detached, permanent structure designed for or occupied exclusively as a residence for only one family.

DWELLING, TOWNHOUSE or ROWHOUSE. A one family dwelling unit, with private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light, and ventilation.

DWELLING, TWO-FAMILY. A freestanding building containing two dwelling units, each of which has direct access to the outside.

EDUCATIONAL INSTITUTION. A college or university giving general academic instruction. Included within this term are areas or structures used for administration, housing of students and faculty, dining halls, and social or athletic activities when located on the institution’s land that is not detached from where classroom facilities are maintained.

EQUIPMENT RENTAL/REPAIR. An establishment involved in renting or repairing small tools and equipment, including janitorial equipment.

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.

EXTRACTIVE INDUSTRY. A heavy industry use that involves the extraction of minerals for sale or other commercial purpose, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

FACTORY-BUILT HOME. Manufactured and mobile.

(1) MANUFACTURED HOME. A home that meets the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), effective on June 15, 1976, 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.

(2) MOBILE HOME. A transportable structure that is wholly, or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and designed for long-term residential use and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), effective on June 15, 1976, and usually built to the voluntary industry standard of the American National Standards Institute (ANSI) A119.1 Standards for Mobile Homes.

FACTORY-BUILT HOME RENTAL COMMUNITY. A parcel of land under single or common ownership upon which two or more factory-built homes are located on a continual, nonrecreational basis together with any structure, equipment, road, or facility intended for use incidental to the occupancy of the factory-built homes, but does not include premises used solely for storage or display of uninhabited factory-built homes or premises occupied solely by a landowner and members of their family.

FARM/CONSTRUCTION EQUIPMENT AND SUPPLY SALES. An establishment engaged in the on-premises lease, rental, or retail sale of new or used construction or farm equipment, with or without incidental service for minor repairs and maintenance.

FARMER’S MARKET. The offering for sale of agricultural products directly to the consumer at an open-air market designated as a community activity.

FLEA MARKET. An outdoor or enclosed commercial activity, open to the general public that offers goods for sale, trade, or barter, regardless of whether they are new, used, antique, or homemade.

FUNERAL HOME/MORTUARY. A building or part thereof used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in the preparation of human remains for burial or disposition of human remains, including cremation; the performance of autopsies and other surgical procedures related to the processing of human remains; the storage of caskets, funeral urns, and other related funeral supplies; the storage of funeral vehicles; and facilities for cremation.

GARAGE, PRIVATE. An accessory structure either attached to or detached from a residential dwelling which is situated on the same property or adjoining property and used for storing personal property by the resident of the dwelling and not to be used as a business.

GARDEN CENTER. An establishment 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 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. May also offer convenience goods for sale, such as prepackaged or limited prepared food items, tobacco, and periodicals, except that the term does not include display of merchandise or products outdoors except where such display is required to sell the merchandise.

GOVERNMENTAL OPERATIONS. Include emergency services; federal, state, or municipal buildings; and post offices. Emergency services include areas utilized for the maintenance, fueling, storage, receiving and dispatching calls or transmissions, or parking of vehicles or equipment providing rescue or ambulatory services.

GREENHOUSE, COMMERCIAL. A building used for the growing of plants, all or part of which are sold at retail or wholesale.

GREENHOUSE, NON-COMMERCIAL. A building or structure under 150 square feet constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other weather-sensitive plants.

GROUP RESIDENTIAL FACILITY. A facility which is owned, leased, or operated by a behavioral health service provider and which provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled; is occupied as a residence by not more than eight individuals who are developmentally disabled and not more than three supervisors or is occupied as a residence by not more than 12 individuals who are behaviorally disabled and not more than three supervisors; is licensed by the Department of Health and Human Resources; and 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.

(1) This includes 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.

(2) The facility shall be licensed and operated in accordance with all applicable laws.

HEALTH CARE MEDICAL CANNABIS ORGANIZATION. A vertically integrated health system approved by the West Virginia Bureau for Public Health to dispense medical cannabis or grow and process medical cannabis, or both, in accordance with a research study under W. Va. Code Ch. 16A, as amended.

HEALTH CLUB. A building or portion of a building designed and equipped for sports, exercise, or other customary and usual recreational activities, operated 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.

HOME-BASED BUSINESS (LOW IMPACT). An accessory use intended to allow commercial enterprises that generate limited numbers of customer visits or merchandise deliveries to a residential dwelling. Use involves limited customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with the use of a dwelling.

HOME-BASED BUSINESS (NO IMPACT). An accessory use intended to allow businesses that rely solely on electronic or off-premise transactions to perform such operations from a residence. The use involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions, to or from the premises, in excess of those normally associated with residential use.

HOSPITAL. An institution designed for the diagnosis, treatment, and care of human illness or infirmity and providing health services, primarily for inpatients, and including related facilities, laboratories, outpatient departments, training facilities, and staff offices.

HOTEL/MOTEL. A building or group of buildings in which lodging is provided and offered for compensation. The building may also include dining rooms, kitchens, serving rooms, ballrooms, and other facilities and services intended primarily for the accommodation of its patrons.

INDUSTRIAL PARK. An area of land arranged or constructed in accordance with a plan for a group of business purposes, having separate building sites designed and arranged on streets and having utility services, setbacks, side yards, and covenants or other such regulations controlling or restricting uses.

KENNEL. Any establishment wherein cats and dogs are kept or boarded, registered under W. Va. Code 19-20-3. Business may be conducted in conjunction with a dog day care or veterinary clinic, where both combined uses are both permitted within a district.

LIQUOR STORE. An establishment operated under the authority of the W. Va. Code Ch. 60, Art. 3A, and primarily engaged in the retail sale of packaged alcoholic beverages such as ale, beer, wine, or whiskey, for off-premises consumption.

LUMBERYARD. An establishment where processed wood timbers and products are stored for bulk and retail sale.

MANUFACTURING (LIGHT). The manufacturing, compounding, processing, assembling, packaging, printing, or testing of goods or equipment, including, but not limited to, newspaper printing and distribution and research activities conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans, and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust, or pollutants.

MEDICAL ADULT DAY CARE CENTER. An ambulatory health care facility which provides an organized day program of therapeutic, social, and health maintenance and restorative services and whose general goal is to provide an alternative to 24-hour long-term institutional care to elderly or disabled adults who are in need of such services by virtue of physical and mental impairment.

MEDICAL CANNABIS DISPENSARY. A place where processed medical cannabis products are permitted to be sold to qualifying consumers, as provided for in the W. Va. Code Ch. 16A, as amended. This term does not include a health care medical cannabis organization as defined in W. Va. Code Ch. 16A, as amended.

MEDICAL CANNABIS GROWING FACILITY. A place where medical cannabis is permitted to be grown, as provided for in the W. Va. Code Ch. 16A, as amended. This term does not include a health care medical cannabis organization as defined in the W. Va. Code Ch. 16A, as amended.

MEDICAL CANNABIS ORGANIZATION. A dispensary, grower, or processor. The term does not include a health care medical cannabis organization as defined in the W. Va. Code Ch. 16A, as amended.

MEDICAL CANNABIS PROCESSING FACILITY. A place where medical cannabis is permitted to be processed, refined, or otherwise converted into a legally permitted state, as provided for in the W. Va. Code Chapter 16A, as amended. This term does not include a health care medical cannabis organization as defined in the W. Va. Code Ch. 16A, as amended.

NIGHT CLUB. An establishment for evening entertainment, generally open until the early morning, that serves liquor and usually food and offers patrons music, comedy acts, a floor show, or dancing but is not characterized as a forum for sexually oriented material.

OFFICE SUPPLY ESTABLISHMENT. A place of business where stationery, furniture, and other supplies typically used in offices are the main items offered for sale.

PARCEL DELIVERY FACILITY. An establishment engaged in the delivery, receipt, and transmittal of documents, packages, and parcels.

PARK. Land set aside for open space and recreational purposes.

PARKING LOT. An off-street surfaced area used for parking two or more vehicles which is served by an entrance and possibly an access way connecting the parking lot and a public or private road, but does not include parking for a single-family or two-family dwelling.

PARKING STRUCTURE. A building with multiple stories of off-street parking spaces where vehicles are temporarily stored with or without a nominal fee, in association with occupational, retail, entertainment, recreational, municipal, educational, or residential uses.

PERSONAL SERVICE. A business providing services to a person, their apparel, or personal effects commonly carried on or about their person, including, but not limited to, shoe repair, tailoring, watch repair, beauty shops, barbershops, tanning and nail salons, laundromats, and dry cleaning.

PET SHOP. An establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public.

PHARMACY. An establishment in which prescription or nonprescription drugs or devices are compounded, dispensed, or distributed. Ancillary retail items also may be sold.

PHOTOGRAPHIC STUDIO. A retail establishment for the purpose of photographing subjects and processing photographs for commercial purposes, but not including photography requiring professional models.

PLACES OF WORSHIP/RELIGIOUS INSTITUTION. A building wherein persons regularly assemble for acts of religious devotion and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes a church, synagogue, temple, mosque, or other such place for worship and religious activities. Customary accessory uses include a wide range of religious activities, including a caretaker’s residence; fellowship halls, parish halls, and similar buildings; rooms used for meetings, religious education, and similar functions; a gymnasium; a playground; the sale of items associated with the practice of religion; and faith-based social services such as homeless shelters, group homes, and soup kitchens.

PRIVATE CLUB. Any corporation or unincorporated association meeting the definition of private club in W. Va. Code 60-7-2(a), and licensed and in compliance with W. Va. Code Ch. 60, Art. 7 to sell liquor, beer, and wine.

PROFESSIONAL SERVICES. Any office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents, and others who are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing, or other administrative functions, but not including banks or other financial institutions and personal services.

RADIO OR TELEVISION BROADCASTING STUDIO. A structure housing the operation of the over-the-air distribution of audio or video signals to a large number of recipients (“listeners” or “viewers”) within the technical reach of the signals.

RECREATION, PRIVATE. An enterprise operated by an individual or non-profit association or corporation, other than a public entity, for the pursuit of sports and recreational activities, including, but not limited to, such establishments as country clubs, golf courses, sports clubs, golf practice facilities, playing fields, tennis or racquet clubs, swimming pools, canoe liveries, and similar facilities.

RECREATION, PUBLIC. An enterprise owned and operated by a public entity, available to the general public, whether or not an admission fee is charged, including either indoor or outdoor facilities for the pursuit of sports, recreation, or leisure activities, including, but not limited to, parks, playgrounds, playing fields, fishing access, golf courses, golf or batting practice facilities, tennis courts, swimming pools, and similar facilities.

RESEARCH AND DEVELOPMENT. Investigative activities a business conducts to improve existing products or services or to lead to the creation of new products and procedures 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.

RESTAURANT. A commercial establishment with an equipped kitchen where food and beverages are prepared and served, and where food sales constitute more than 60% of the gross sales receipts.

RETAIL STORE.

(1) A business having as its primary function the supply of merchandise or wares to the end consumer. Such sales constitute the “primary function” of the business when such sales equal at least 80% of the gross sales of the business.

(2) Divided into two classes of retail stores based on gross floor area:

(a) Retail store/small < 7,000 feet of gross floor area; and

(b) Retail store/large > 7,000 feet of gross floor area.

ROADSIDE STAND. A stand offering for sale agricultural products grown on the premises.

ROADSIDE VENDOR STAND. Location, trailers, truck beds, or similar facilities offering products for sale that are not produced on the immediate premises.

SCHOOL, COMMERCIAL. An educational establishment to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to educational establishments that are owned and operated privately for profit.

SCHOOL, PRE-SCHOOL TO 12. An educational establishment offering educational instruction between pre-school through twelfth grade. Schools can be public or private, licensed in accordance with the state code.

SELF-STORAGE FACILITY. A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.

SENIOR INDEPENDENT HOUSING. A single-family or multi-family development intended for, operated for, and designed to accommodate residents 55 years of age or older. SENIOR INDEPENDENT HOUSING communities are designed for seniors who are able to live independently or need assistance with daily care.

SHOPPING CENTER. A group of retail and other commercial establishments that is planned, owned, and managed as a single property.

SOLAR ENERGY SYSTEM.

(1) An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy or heating requirements of the on-site user, or which is to be sold to a utility company to be used by others, or sold directly to other users.

(2) A SOLAR ENERGY SYSTEM may be ground mounted (i.e., placed on top of the ground surface) or roof mounted (i.e., placed on or as an integral part of a building).

(a) SMALL SOLAR ENERGY SYSTEM. Solar energy systems installed for personal use in residences, commercial properties, and institutions.

(b) LARGE SOLAR ENERGY SYSTEM. Solar energy systems installed on large parcels of land for the purpose of generating revenue or utility-scale systems installed to benefit the community.

SPORTS ARENA. A central stage, ring, area, or the like, used for sports and surrounded by seats for spectators.

STUDIO, DANCING, MUSIC, OR ART. A facility used for the rehearsal or performance of performing arts, such as music, dance, or theatre; teaching classes in creative arts, such as painting, drawing, sculpting, potting, beading, or otherwise creating art; or for the display or sale of art in general or during special events. Food and alcoholic beverages may be served and fees charged as accessory uses during special events.

TATTOO PARLOR/BODY PIERCING STUDIO. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or both of the following: 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; creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

TAVERN/DRINKING ESTABLISHMENT/BAR. An establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises and which may offer food for consumption on premises as an ancillary use.

TELECOMMUNICATIONS, CLASS I. Facilities that 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 cellular phone reception.

TELECOMMUNICATIONS, CLASS II. Facilities that include, but are not limited to, such facilities as antennas and associated electronic equipment designed expressly for use by cellular phone companies, as regulated under the Federal Telecommunication Act of 1996, being Pub. L. 104-104, Sec. 1(a), 110 Stat. 56, that are not intended to be supported by or attached to a new telecommunications tower, as defined. They may be attached to existing, permitted tower structures, or to existing structures not originally intended to support telecommunications facilities, as provided for in this code.

TELECOMMUNICATIONS, CLASS III. Facilities that include, but are not limited to, such facilities as antennas 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.

TEMPORARY STRUCTURE. A structure or part thereof, operated on a non-profit basis to temporarily house families or individuals who are victims of disaster, who are affected through action on the part of or on behalf of the municipality other than routine, redevelopment-related relocation activities, or who have bona fide state or federal emergency housing needs.

THEATER. A building or part of a building devoted to presenting motion pictures or live performances.

THEATER, DRIVE-IN. An open space with an outdoor movie screen, or comparable flat surface, where people may view motion pictures primarily from parked personal automobiles. The use may include outdoor picnic tables, playgrounds, and concessions.

TOURIST HOME, BOARDING HOUSE, or ROOMING HOUSE. A dwelling, other than hotel, motel, or restaurant, advertised as supplying overnight lodging wherein one or more persons are sheltered and/or fed for profit. No cooking or dining facilities are provided in individual rooms. The accommodations are rented on a daily or weekly basis and are not occupied by the owner or manager at the time of rental.

TRUCK TERMINAL. A facility where freight is unloaded from interstate trucks or intermodal trailers and containers carried on the railroad and loaded onto local delivery trucks.

VEHICLE REPAIR/SERVICE/SALES/RENTAL. Any building, structure, improvements, or land used for the repair or maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of citizens band (CB) radios, car alarms, stereo equipment, or cellular telephones.

VIDEO GAMING OR LOTTERY ESTABLISHMENT. An establishment at which any form of gambling of chance is permitted or played, including “video lottery” machines licensed by the West Virginia Lottery Commission pursuant to the state code, but excluding establishments that only sell lottery tickets.

WAREHOUSE. A facility 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.

WATER TREATMENT PLANT. Facilities that treat water and produce potable water for public consumption.

WHOLESALE ESTABLISHMENT. The sale of commodities to retailers or jobbers, including 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.

WIND ENERGY SYSTEM. Any electric generation facility whose main purpose is to convert and store wind energy into usable forms of energy which includes the wind turbine(s), structural supports, electrical infrastructure, and other appurtenant structures and facilities. Consisting of a maximum of one wind turbine per lot.

WINERY. An establishment where wine is manufactured or in any way prepared in accordance with the West Virginia Code.

(Ord. passed 6-3-2019)

§ 157.047 GENERAL DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED MOTOR VEHICLE. Any motor vehicle, or major part thereof, which is inoperative and which has been abandoned on public property for any period over five days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher or any motor vehicle, or major part thereof, which has remained on private property without consent of the owner or person in control of the property for any period over five days; or any motor vehicle, or, major part thereof, which is unattended, discarded, deserted, and unlicensed and is not in an enclosed building, a licensed salvage yard, or the actual possession of a demolisher; provided, that a motor vehicle, or major part thereof, is not an abandoned motor vehicle if: the owner of the motor vehicle is storing the motor vehicle on the owner’s property; the motor vehicle is being stored for the purpose of using its parts on other motor vehicles owned by the owner; the owner owns other motor vehicles similar to the motor vehicle being stored; and the owner is a business licensed to do business in the State of West Virginia and not in the primary business of offering motor vehicles or parts thereof for sale.

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 without any intention to resume a nonconforming use of the property for a period of one year.

ACCESSORY STRUCTURE or ACCESSORY BUILDING. A structure or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure, including, but not limited to, swimming pools, piers and other water-related structures, parking, fences, gazebos, satellite dishes, doghouses and dog-related structures, noncommercial greenhouses, sheds, and private garages.

ACCESSORY USE. A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, including, but not limited to, urban agriculture and home-based businesses.

ACCESSWAY. A private vehicular facility for townhomes, multi-family dwellings, and condominiums, serving more than four dwelling units, and commercial developments that extends from the curb-line of a public or private road to the parking lot.

ADVERTISING. Any words, symbol, color, or design used for commercial speech.

AGGRIEVED or AGGRIEVED PERSON. A person who is denied by the Planning Commission, Board of Subdivision and Land Development Appeals, or the Board of Zoning Appeals, in whole or in part, the relief sought in any application or appeal; or has demonstrated that he or she will suffer a peculiar injury, prejudice, or inconvenience beyond that which other residents of the municipality may suffer.

ALLEY. A service roadway less than 20 feet long providing a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATION. Any change or expansion in the size, configuration, exterior features, or location of a structure; or any change or expansion in the use of a structure or lot from a previously approved or legally existing size, configuration, location, or use.

ANTENNA SUPPORT STRUCTURE. Any building or structure other than a tower which can be used for location of telecommunications facilities.

AUTOMOBILE. A road vehicle, typically with four wheels, able to carry a small number of people.

BASEMENT. A story having one half or more of its clear height below grade.

BOARD or BOARD OF ZONING APPEALS. The officially constituted body appointed to carry out duties and responsibilities in accordance with the W. Va. Code Ch. 8A, Art. 8 et seq., as amended.

BOLLARD. A short, vertical, and permanent post, usually ornamental in nature, used to inhibit trespass by persons or vehicles, or to prevent encroachment onto private property or other defined space.

BUILDING. Any structure having enclosing walls and roofs and requiring a permanent location on the land.

(1) PRINCIPAL BUILDING. A building in which is conducted the principal use of the site or lot on which it is situated. In all residential districts, a dwelling is the PRINCIPAL BUILDING on the lot on which it is located.

(2) BUILDING FRONTAGE. The length of the main wall of a building which physically encloses usable interior space and which is the architecturally designed wall that contains the main entrance for use by the general public. Said FRONTAGE is measured at a height of ten feet above grade.

(3) BUILDING, HEIGHT OF. The vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the coping of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of gable, hip, or gambrel roof.

BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest part of any principal building, including decks, patios, covered porches, steps, and landings exceeding 24 square feet, but excluding eaves, overhangs, bay windows, sills, belt courses, cornices, and ornamental features not exceeding two feet in width, to the nearest edge of a street right-of-way, property line, or easement line, when measured perpendicular thereto.

CENTERLINE. An imaginary line running parallel to street or easement right-of-way lines and equidistant from the lines on each side of the street or easement, or a line following the center of a physical feature such as a stream.

CLEAR SIGHT TRIANGLE. The triangular area formed by intersecting street, alley, or other public right-of-way centerlines and a line interconnecting points established on each centerline, 75 feet from the point of intersection and the plane established three and one-half feet in elevation to a height of ten feet from grade level at the intersection of the street, alley, or other public right-of-way centerline.

COMPACT PARKING STALL. An off-street space available for parking of one automobile and having an area not less than seven feet in width by 16 feet in depth and an area exclusive of passageways, accessways, and driveways appurtenant thereto, and having a means to direct access to a street or road.

COMPREHENSIVE PLAN. The comprehensive plan for the City of Weston.

CONDITIONAL USE. A use which because of special requirements or characteristics may be permitted in a particular zoning district only after review by the Board of Zoning Appeals and upon issuance of a conditional use permit, and subject to the limitations and conditions specified in this code.

COUNCIL. The Council of the City of Weston.

COUNTY. Lewis County, West Virginia.

DRIVEWAY. Privately owned vehicular access from a street to properties abutting the street and serving no more than four dwelling units.

DWELLING. A house, apartment building, or other building designed or used primarily for human habitation, but not including boarding houses, rooming houses, tourist homes, motels, hotels, or other structures designed for transient residence.

DWELLING UNIT. Any dwelling or portion thereof used or intended to be used by one family and providing complete housekeeping facilities.

EXISTING USE. Use of land, buildings, or activity permitted or in existence prior to the adoption of a zoning map or ordinances by the county or municipality. If the use is nonconforming to local ordinance and lawfully existed prior to the adoption of the ordinance, the use may continue to exist as a nonconforming use until abandoned for a period of one year, provided that in the case of natural resources, the absence of natural resources extraction or harvesting is not abandonment of the use.

FAMILY. An individual or two or more persons related by blood, marriage, adoption, or foster relationship, or no more than three unrelated individuals and individuals related by blood, marriage, adoption, or foster relationship to any of those three unrelated individuals, living together as a single housekeeping unit and sharing common living, dining, and kitchen areas, subject to the requirements of the Building Code.

FENCE. An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate an area.

FLOOR AREA, GROSS. The total area of a building measured by taking the outside dimensions of the building at each floor level.

FRONT BUILDING LINE. A line parallel to the front lot line, at a distance measured perpendicular therefrom as prescribed in this code for a required yard. Where there is no required yard, the lot line is the FRONT BUILDING LINE.

GARAGE SALE. The sale of personal property owned or maintained by occupants of the premises in, at, or upon any residentially zoned or residentially occupied property. GARAGE SALES include, but are not limited to, any yard sale, multi-family sale, home sale, patio sale, or any other sale similarly conducted on any residentially zoned or residentially occupied property.

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 historic, cultural, or archaeological value regardless of the value of any existing structure and designated as historic on a national, state, or local register.

LANDSCAPING. The bringing of the soil surface to a smooth finished grade, installing trees, shrubs, ground cover, grass, and similar vegetation to soften building lines, provide shade, and generally produce a pleasing visual effect of the premises.

LOADING SPACE. An area or berth available for the loading or unloading of goods from commercial vehicles.

LOT. A parcel of land with boundaries established by some legal instrument, such as a recorded deed or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title, together with the customary accessories and open spaces belonging to the same.

(1) LOT, CORNER. A lot at the junction of and abutting two or more intersecting streets.

(2) LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street.

(3) LOT, FLAG. A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway, or “handle”.

(4) 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. Property boundary line of any lot held in single or joint ownership that divides one lot from another or from a street or any other public or private space.

(1) FRONT LOT LINE. In the case of an interior lot, a line separating the lot from the street or public right-of-way; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.

(2) REAR LOT LINE. A lot line that is opposite and more distant from the front lot line, except corner lots have no rear lot line. In the case of an irregular lot, a line ten feet in length within the lot and parallel to and at the maximum distance from the front lot line.

(3) SIDE LOT LINE. Any lot line other than a front or rear lot line.

LOT, THROUGH, DOUBLE FRONTAGE, or REVERSE FRONTAGE. A lot other than a corner lot facing on more than one street. THROUGH LOTS abutting two streets may be referred to as DOUBLE FRONTAGE LOTS.

LOT WIDTH. The distance measured between side lot lines, at the required building setback line. In a case where there is only one side lot line, LOT WIDTH is measured between such side lot line and the opposite rear lot lines or street line.

NONCONFORMING BUILDING OR STRUCTURE. A building or structure lawfully constructed and not otherwise abandoned, existing on the effective date of this code, on the effective date of any amendment thereto, or prior to annexation, which renders such building or structure illegal within a district, or not complying in any fashion with any of the rules, requirements, and regulations of this code or any amendments thereto.

NONCONFORMING LOT. A lot or parcel of land that was of record and lawfully established and maintained but which, because of the enactment of this code or any amendment thereto, or prior to annexation, no longer conforms to the land use standards or use regulations of the district in which it is located.

NONCONFORMING SIGN. Any sign which was lawfully erected, maintained, and existing on the effective date of this code, on the effective date of any amendment thereto, or prior to annexation, which renders such existing sign illegal within a district or not complying in any fashion with any of the rules, requirements, and regulations of this code or any amendments thereto, or any sign which is accessory to a nonconforming use.

NONCONFORMING USE. Any actual and active use lawfully being made of any land, building, or structure not otherwise abandoned, existing on the effective date of this code, on the effective date of any amendment thereto, or prior to annexation, which renders such existing use illegal within a district, or not complying in any fashion with any of the rules, requirements, and regulations of this code or any amendments thereto.

NONINTOXICATING BEER. All natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale, and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect, containing at least 0.5% alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or 12% by volume, whichever is greater.

OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

OWNER. Any individual, firm, association, syndicate, estate, corporation, trust, or any other legal entity having proprietary interest in the land.

PARALLEL PARKING STALL. An off-street space available for parking of one automobile and having an area not less than eight feet by 20 feet and an area exclusive of passageways, accessways, and driveways appurtenant thereto, and having a means to direct access to a street or road.

PARKING STALL. An off-street space available for parking one automobile and having an area not less than nine feet by 18 feet and an area exclusive of passageways, accessways, and driveways appurtenant thereto, and having a means to direct access to a street or road.

PATIO. An area consisting of natural or human-made material constructed at or near grade level, intended for use as an outdoor living area, and not enclosed by a permanent roof or awning.

PERMITTED USE (USE PERMITTED BY RIGHT). Any use requiring no special action by any governmental body, agency, or staff member before the zoning permit is granted by the Zoning Officer, subject to all other applicable provisions of this code.

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.

PUBLIC AREA. Any public place, public right-of-way, any parking area or right-of-way open to use by the general public, or any navigable body of water.

RIGHT-OF-WAY (ROW). A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another similar use.

SATELLITE SIGNAL RECEIVING STATION. Devices commonly parabolic in shape, mounted at a fixed point on a structure or on rooftops, for the purpose of capturing electronic television or internet signals transmitted via satellite communication facilities and serving the same or similar function as the common television antenna. Such devices are accessory structures.

SCREENING. The use of plant materials, fencing, or earthen berms to aid in the concealment of such features as parking areas and vehicles within them, and to provide privacy between two or more different adjoining land uses.

SETBACK. The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

(1) FRONT SETBACK. The shortest distance between the building setback line and the front lot line.

(2) REAR SETBACK. The shortest distance between the building setback line and the rear lot line.

(3) SIDE SETBACK. The shortest distance between the building setback line and the side lot line.

SIGN. Any device (writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant, or any other device, figure or character, or delineation) with the essential purpose to communicate, designed to communicate, or where context results in communication, and such communication is aimed at persons in a public right-of-way.

(1) A-FRAME SIGN. A two-faced sign with supports that are connected at the top and separated at the base with an internal angle between the two faces of no more than a 45 degree angle, forming an “A” shape not more than four feet high. These are also referred to as SANDWICH BOARD SIGNS and are included in the term PORTABLE SIGN.

(2) ANIMATED SIGN or MOVING SIGN. A sign or part of a sign that is designed to rotate, move, or appear to rotate or move. Such a sign is sometimes referred to as a MOVING SIGN. ANIMATED SIGNS include signs with moving graphic features such as scrolling text or images that appear to move; MOVING SIGNS change features such as fly-in, wipe-off, fading, dissolving, traveling, or expanding displays or any other full message sign change taking longer than 0.3 seconds; and static electronic message displays displayed less than seven seconds. ANIMATED SIGNS also include signs propelled by vehicle, watercraft, or aircraft where the primary purpose of the vehicle, watercraft, or aircraft at the time of sign display is to propel the sign.

(3) AWNING SIGN or CANOPY SIGN. A sign placed directly on the surface of an awning or canopy, which is a roof-like structure either projecting from a building facade and open on three sides, or standing alone and open on four sides, and used for the purpose of protecting pedestrians and motorists from weather related elements.

(4) BANNER. A sign of flexible material affixed to a framework or flat surface. BANNERS are not flags for purposes of this code.

(5) BEACON. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source or any light with one or more beams that rotate or move.

(6) CHALKBOARD SIGN. A single-faced, framed slate, or chalkboard that can be written on with chalk or similar markers.

(7) CHANGEABLE COPY SIGN. A sign or part of a sign that is designed so that characters, letters, or illustrations can be manually or physically changed or rearranged without altering the face or surface of the sign.

(8) ELECTRONIC MESSAGE DISPLAY.

(a) A sign that is either light emitting or light reflective and that is capable of changing the displayed message through electronic programming.

(b) ELECTRONIC MESSAGE DISPLAYS are divided into four categories.

1. STATIC ELECTRONIC MESSAGE DISPLAY. An electronic message display that is not an animated sign.

2. STATIC ELECTRONIC MESSAGE DISPLAY WITH TRANSITION FEATURES. An electronic message display that remains static except for no more than a two second transition feature such as fading, dissolving, or a single instance of fly-in, wipe-off, expansion, or traveling that occurs no more often than every seven seconds.

3. ELECTRONIC MESSAGE DISPLAY, PARTIALLY ANIMATED. An electronic message display with animated or moving text or graphics.

4. ELECTRONIC MESSAGE DISPLAY, FULLY ANIMATED. An electronic message display with full animation features.

(9) FEATHER SIGN/FEATHER FLAG/TEARDROP FLAG/WIND FLAG. A lightweight, portable flag made of cloth, plastic, or similar material mounted along one edge on a single, vertical, flexible pole, the physical structure of which may resemble a sail, bow, or teardrop.

(10) FLAG. A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol or decoration.

(11) FLASHING SIGN. A sign that includes lights that flash, blink, turn on and off intermittently, or otherwise vary light intensity during the display of a message.

(12) FREESTANDING SIGN, GROUND-MOUNTED SIGN, or POLE SIGN. Any nonportable sign supported by a fence, retaining wall, or by pole, upright structural members, or braces on or in the ground and not attached to a building.

(13) GEOLOGICAL SIGNS. Signs made of or that appear to be made of geological formations, including, but not limited to, standalone rocks or mountain sides, and convey a message that is etched, carved, painted, or similarly incorporated into the sign’s material.

(14) ILLEGAL SIGN. Any sign erected without obtaining a required permit or which otherwise does not comply with any provision of this code.

(15) INFLATABLE/TETHERED SIGNS. Signs which are filled with a gaseous substance to convey a message or to draw attention to a message or location.

(16) MARQUEE SIGN. A sign attached to and made a part of a marquee or any similar projections from a building, with changeable, fixed, or both types of lettering in use.

(17) MINOR SIGN. A sign not exceeding two square feet in area, not exceeding four feet in height, and not illuminated.

(18) MONUMENT SIGN. A sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another; not a pole sign.

(19) NEON SIGN. A sign containing exposed tubes filled with light-emitting gas.

(20) OFF-PREMISES SIGN. A commercial sign not accessory to or associated with the principal use on a lot, or that is the principal use of a lot.

(21) PENNANT. A geometric shaped flag made of flexible materials, suspended from one or two corners fastened to a string, which is secured or tethered so as to allow movement and used as an attention-getting form of media.

(22) PERSON-ASSISTED SIGN. A sign that includes an individual who holds, moves, wears, or otherwise directs attention to a commercial sign.

(23) PROJECTING SIGN. A sign attached to and projecting more than 12 inches from the face of a wall or building, but does not project above the parapet or eave line of the building and is a minimum of eight feet above any walking surface or 20 feet above any driving surface.

(24) ROOF SIGN. A sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.

(25) TEMPORARY SIGN. Any sign intended to be displayed for a limited period of time not to exceed 60 days.

(26) VEHICLE OR TRAILER SIGN. Any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of commercial speech and fails to display current license plates, inspection sticker, or municipal decal; if the vehicle is inoperable; if evidence of paid-to-date local taxes cannot be made available; or if the sign alters the standard design of such vehicle or trailer.

(27) WALL SIGN. Any sign, inscription, artwork, figure, marking, or design that is attached, painted, drawn, marked, etched, or scratched onto a wall or against a flat vertical exterior surface of a structure, including portions of doors which do not contain windows.

(28) WICKET SIGN. A sign with an H- or U-shaped frame that is put into the ground or placed above the ground.

(29) WINDOW SIGN. Any sign visible outside the window and attached to or within 18 inches in front of or behind the surface of a window or door.

SIGN FACE. The portion of a sign structure bearing the message.

SIGN STRUCTURE. Any structure bearing a sign face.

SPECIAL FLOOD HAZARD AREA. The area that will be inundated by the flood event having a 1% chance of being equaled or exceeded in any given year. The 1% annual chance flood is also referred to as the base flood or 100-year flood.

SPECIFIED ANATOMICAL AREAS or NUDITY. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola, or human male genitals in a discernible turgid state; even if completely and opaquely covered.

STEALTH, TECHNOLOGY. Telecommunications facilities which are designed to be compatible with the surroundings and which camouflage or partially conceal the presence of telecommunications towers and facilities, including telecommunication facilities erected on alternative structures such as ball field light poles, electric utility poles, water towers, and similar existing structures.

STREET. A dedicated and accepted public right-of-way for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated.

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, and towers taller than 15 feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.

TRAILER, CAMPING AND RECREATIONAL EQUIPMENT. Travel trailers, pickup coaches, motorized homes, recreational vehicles, and equipment as follows.

(1) TRAVEL TRAILER. A portable structure built on a chassis, designed to be towed and used as a temporary dwelling for travel, recreational, and vacation purposes, and permanently identified as a TRAVEL TRAILER by the manufacturer of the trailer.

(2) PICKUP COACH. A structure designed primarily to be mounted on a pickup or other truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, and vacation purposes.

(3) MOTORIZED HOME. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

(4) BOAT. A vessel designed to travel on water.

(5) BOAT TRAILER. A trailer designed to haul a boat.

URBAN AGRICULTURE. Land used for community gardens, keeping of rabbits, and other small- scale agricultural activities.

USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation performed in a building or other structure, or on a tract of land.

VARIANCE. A deviation from the minimum standards of this code, but not permitting land uses that are otherwise prohibited in the zoning district or changing the zoning classifications of a parcel of land.

VEHICLE. Any device in, upon, or by which any person or property is or may be transported or drawn upon a street, including automobiles, and excepting tractors, agricultural machinery, devices moved by human power or used upon stationary rails or tracks.

VERTICALLY INTEGRATED HEALTH SYSTEM. A health delivery system in which the complete spectrum of care, including primary and specialty care, hospitalization and pharmaceutical care, is provided within a single organization.

YARD.

(1) Open space that lays between the principal building or structure and the nearest lot line. Any lot, building, or structure with characteristics that require an individual determination of yard location will be resolved at the discretion of the Zoning Officer.

(2) YARDS are further classified as front, rear, and side.

(a) YARD, FRONT. A space extending the full width of the lot between the architectural front of the principal building or structure and the front lot line.

(b) YARD, REAR. A space extending the full width of the lot between the architectural rear of the principal building or structure and the rear lot line.

(c) YARD, SIDE. A space extending from the front yard to the rear yard between the principal building facade and the side lot line.

ZONING. The division of a municipality or county into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones.

ZONING OFFICER. The person designated by the City of Weston through the Board of Zoning Appeals to administer and enforce the provisions of this code.