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Wheeling City Zoning Code

ARTICLE 1327

Definitions

1327.01 RULES OF CONSTRUCTION, INTENT, AND USAGE.

   (a)   In the construction of these regulations, the following provisions and rules shall be applied, except when the context clearly requires otherwise:
The "City" is the City of Wheeling, West Virginia.
The specific shall control the general.
Words used in the present tense shall include the future and words used in the future tense shall include the present.
Words in the singular number shall include the plural and words in the plural number shall include the singular number.
The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
A "building" or "structure" includes any part thereof. “Building” shall have the same meaning as “structure.”
The word "built" includes "erected," "constructed," "reconstructed," "altered," "enlarged," or "moved."
The word "premises" shall include land and buildings thereon.
The word "used" or phrase "used for" shall include "employed for," "arranged for," "designed for," "constructed for," "altered for," "converted for," "rented for," "leased for," maintained for," "utilized for," "occupied for," or "intended for."
The words "lot," "plot," "tract of land," or "piece of land" shall have the same meaning.
The words "shall" and "must" are mandatory and not optional.
The words "may" and "should" are permissive.
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either...or," the conjunction shall be interpreted as follows:
"And" indicates that all the connected items, conditions, provisions, or events shall apply.
"Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
"Either...or" indicates that the connected item, conditions, provisions, or events shall apply singly but not in combination.
The word "person" includes an individual, firm, corporation, association, trust, governmental body and agency, and any other legal entity.
References made to officials and official bodies shall mean officials and official bodies of the City of Wheeling, unless the natural construction of the wording indicates otherwise.
The masculine gender shall include the feminine and neuter.
The words "adjacent" and "next to" shall have the same meaning as "abut."
The word "original" means the conditions existing on the effective date of these regulations.
The word "regulation," "these regulations," "this zoning ordinance," or "this ordinance" means the "City of Wheeling Planning and Zoning Code."
   (b)   Any word or phrase which is defined in this section, or elsewhere in these regulations, shall have the meaning as so defined whenever the word or phrase is used in these regulations, unless such definition is expressly limited in its meaning or scope.
   (c)   Any word or phrase that is not defined in this section, or elsewhere in these regulations, shall have its traditional meaning.
   (d)   In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.
   (e)   Where the conditions or regulations imposed by any provisions of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions or regulations imposed by any other provisions of these regulations, the conditions or regulations which are more restrictive shall govern.
   (f)   Where these regulations impose a greater restriction than imposed or required by other provisions of law or by other laws, rules, regulations, resolutions or ordinances, the provisions of these regulations shall control.
   (g)   These regulations are not intended to abrogate, annul or otherwise interfere with any existing easement, covenant or any other private agreement or legal relationship; provided, however, that where these regulations are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, these regulations shall govern.
   (h)   Nothing contained in these regulations shall be deemed to be a consent, license, permit or authorization to use any property or to locate, construct or maintain any structure or facility or to carry on any trade, industry, occupation or activity.
   (i)   Any citation of a statute, law, rule, regulation or ordinance contained in these regulations shall be deemed to refer to such statute, law, rule, regulation or ordinance as amended, whether or not such designation is included in the citation.
   (j)   Unless otherwise specified, all distances shall be measured horizontally.
   (k)   The terms “such as” and “for example” shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive designation of, permitted or prohibited uses, activities, conditions, establishments or structures.

1327.02 DEFINITIONS.

   The definitions in Section 1327.02 shall be used in interpretation and construction of this Zoning Ordinance. Unless a contrary intention clearly appears, the following words and phrases shall have the meaning given in this section. All words and terms not defined here shall be used with a meaning of standard usage.
Abandonment. The relinquishment of property, or a cessation of the use conducted on the property for a period of six months within a twelve month period, by the owner, tenant, or lessee, for reasons other than an act of God or access impeded by government action.
(Ord. 12225. Passed 4-17-01.)
Accessible/Accessibility. Areas of a building that can be approached, entered and used by individuals with physical impairments.
(Ord. 14898. Passed 12-6-16.)
Accessory structure or building. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. The accessory structure shall be located on the same lot. There shall be no more than one accessory structure per lot. Prefabricated buildings may be regulated as accessory structures. Any portion of a principal building developed or intended to be devoted to an accessory use is not an accessory structure. Where an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, the accessory building shall be considered part of the principal building.
Accessory use. A use of land or property or a building, or a portion thereof, whose area, extent, or purpose is incidental and subordinate to the principal use of the building or land. The accessory use shall be located on the same lot, except that accessory off-street parking need not be located on the same lot. There shall be no more than one accessory use per lot. An accessory use may not be accessory to another accessory use.
Adaptive reuse. The development of a new use for an older building or for a building originally designed for a special or specific purpose. Such reuse may apply to buildings of historic or architectural significance, or to the conversion of gas stations, school buildings, and other special use buildings no longer needed for their original purpose.
(Ord. 12225. Passed 4-17-01.)
Adult establishment. An “adult arcade”, an “adult bookstore”, an “adult motion picture theater”, a “semi-nude lounge” or a “sex paraphernalia store”. See Article 1361.
Agent of owner. Any person who can show written proof that he has authority to act for the property owner.
Agriculture. The production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to humans. This may include but not be limited to principal uses such as the cultivation of the ground, harvesting of crops, and the rearing and management of livestock, and necessary accessory uses such as packing, treating, and storing the produce. The operation of any such accessory use shall be secondary to that of the normal agricultural activity.
Alley or lane. A public thoroughfare, other than a street, which affords only a secondary means of access to and from streets and the abutting lots. An alley or lane shall run along the side or rear of lots. The alley or lane shall not be used for general traffic circulation.
Alteration. Any act or process that changes one or more of the exterior and interior architectural features or the exit facilities of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure, any change in doors or windows, any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another, and any change or rearrangement in the supporting members of an existing building. The latter acts may involve bearing walls, columns, beams, girders or interior partitions. (Ord. 12225. Passed 4-17-01.)
American with Disabilities Act (ADA). Prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation.
(Ord. 14898. Passed 12-6-16.)
Apartment. See Dwelling, multi-family.
Applicant. A person submitting an application.
Application for development. The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review purposes.
Approved plan. A plan that has been granted final approval by the appropriate approving authority.
Approving authority. The agency, board, group or other legally designated individual or authority that has been charged with review and approval of plans and applications.
Area affected. The area of land that is the subject of the proposed action.
Area of special flood hazard. The land in the floodplain within a community subject to a one percent or greater chance of flooding any given year.
Attic. The part of a building that is immediately below and wholly or partly within the roof framing.
Bar or Tavern. (1) A business enterprise or part thereof used primarily for the retail sale or dispensing of liquor or alcoholic beverages for consumption on the premise, or (2) the part of a building, structure, or premise of a private club, association or organization that dispenses liquor or alcoholic beverage for consumption on the premises.
Basement. The portion of a building having at least one-half its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of 6.5 feet or more. A basement shall be counted as a story, and thus included in all standards controlling the intensity of development. See also Cellar.
Bed and breakfast facility. See Dwelling, Bed and Breakfast.
Bikeway. A pathway used for bicycling, walking, and other recreation.
Block. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
Board of Zoning Appeals. The officially constituted body whose principal duty is to grant variances from the strict application of the Zoning Ordinance. See Article 1377.
Buffer strip. Land area used to visibly separate one use from another or to shield or block noise, light, or other nuisances. A strip may be required to include fencing, berms, shrubs, and/or trees.
Buildable area. The area of a lot remaining after the minimum yard and open space requirements of the Zoning Ordinance have been met.
Building. A structure having a roof supported by columns or walls, and used or intended for the shelter or enclosure of persons, animals, or equipment, goods, or materials of any kind. When such a structure is divided into separate parts by one or more walls not pierced by an opening and extending from the ground up, each part is deemed a separate building. The connection of two buildings by means of an open porch, breezeway, passageway, carport, or other such open structure, with or without a roof, shall not be deemed to make them one building. Buildings shall be classified as Principal or Accessory.
Building coverage. See Lot Coverage.
Building line. The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line.
Building, principal. A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building on the lot on which it is located.
Bulk requirements. Standards that control the height, density, and location of structures.
Bulk storage. The storage of chemicals, petroleum products, and other materials in above ground containers or areas for subsequent resale to distributors or retails dealers or outlets and not directly to the consuming public.
Bulkhead line. A line along a navigable water offshore from which no fill or structure is permitted.
Business services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, management and consulting service, protective service, equipment rental and leasing, commercial research, development and testing, photo finishing, and personal supply service.
Caliper. The diameter of a tree trunk measured three feet from the ground.
Campus. The grounds and buildings of a public or private college, university, school, hospital, or other institution.
Carry-out restaurant or food establishment. A business establishment which by design of physical facilities or by service and packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged. The term "carry-out restaurant or food establishment" shall not include groceries, food markets, bakeries, or other similar business establishments that do not include seating facilities.
Car wash. A building or premises or portion thereof used for washing motor vehicles, whether by automatic device or self-service.
Certificate of appropriateness. A certificate issued by the Historic Landmarks Commission indicating its approval of plans for the alteration, construction, removal, or demolition of a landmark, building, structure, or site. The approval shall indicate that the plan meets all applicable codes and regulations.
Cellar. A space with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half feet. A cellar shall be used solely for mechanical equipment accessory to the principal structure or for non-habitable space such as a recreation or storage area. Cellars shall not be counted as a story in the computation of the intensity of land use development or of gross floor area. See also Basement.
Change of use. Any use which differs from the previous use of a building or land.
Child care center. See Day care center.
Chimney. A structure containing one or more flues for drawing off emissions from stationary sources of combustion.
Church. See Place of worship.
Club. See Membership associations.
Cluster. A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
Combined sewer. A sewerage system that carries both sanitary sewage and stormwater runoff.
Commercial greenhouse. A structure and the land surrounding it in and on which plants, vegetables, flowers, and similar materials are grown for sale or are sold. Such land and greenhouses are also known as nurseries.
Commercial vehicle. Any motor vehicle licensed as a commercial vehicle.
Community center. A building or structure used for recreational, social, educational, health, cultural, or other similar activities. Services within the facility may be offered by one or more public or nonprofit entities and are offered at nominal or no cost.
Complete application. An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application. The application shall be certified as complete as soon as all requirements specified in the ordinance and rules and regulations have been met. On the day the application is so certified by the administrative officer, the time period for action by the municipal agency shall begin.
Community residences or shelters. See Group home.
Concept plan. See Plat, sketch. (Ord. 12225. Passed 4-17-01.)
Conditional use. A use which because of special requirements or characteristics may be permitted on a particular property only after review by the Board of Zoning Appeals (BZA) and upon issuance of a conditional use permit, and subject to the limitations and conditions specified in the Zoning Ordinance. (Ord. 13705. Passed 11-18-08.)
Condominium. A building, or group of buildings, in which dwelling units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. There shall be an association of owners organized for the purposes of maintaining, administering, and operating the common areas and facilities. Condominium is a legal form of real property ownership and not a building style. The purchaser shall have title to his or her dwelling unit and an undivided interest in parts of the interior of the building, the exterior, and other common elements. The property shall be identified in a master deed and recorded on a plat with the County Clerk. The common elements shall comprise the land underneath and surrounding the building, certain improvements on the land, and such items as plumbing, wiring, and major utility systems, the interior areas between the walls, the public interior spaces, exterior walls, streets, and recreational facilities. Condominiums may be used for residential and non-residential uses.
Consolidation. The removal of lot lines between contiguous parcels.
Construction. The act of adding to, altering, or extending an existing structure or the erection of a new principal or accessory structure on real property.
Conversion. A change in the use of land or a structure.
Court. Any open, uncovered, and unoccupied area, other than a yard, that is bounded by two or more attached building walls and unobstructed from ground to sky. This definition shall not preclude the inclusion of "court" in the name of a building or buildings.
Inner. An open area, unobstructed from the ground to the sky which is entirely within the exterior walls of a building.
Outer. An open area, unobstructed from the ground to the sky which is bounded on not more than three sides by the exterior walls of one or more buildings. Any court that is not an inner court.
Covenant. A restriction on the use of land set forth in a written document or plat. The restriction runs with the land and is binding upon subsequent owners of the property.
Curb. A boundary usually marking the edge of the roadway or paved area.
Curb cut. The opening along the curb line at which point vehicles may enter or leave the property.
Curb level. The permanently established grade of the curb top in front of the center of the building, the lot, or portion thereof under consideration. Where no curb level has been established, the level of the ground at the center of the traveled portion of the street shall be considered the equivalent of the curb level. Where the building does not adjoin the street, the average level of the proposed grade line of the ground immediately adjacent to the building as shown on the building plans shall be considered the curb level.
Curb return. The connecting link between the street curb and the ramp curb.
Customary home occupation. An occupation or activity carried out for gain secondary to and typically incidental to the use of the dwelling unit by a resident thereof. The conduct of the home occupation shall be clearly accessory to the use of the dwelling unit for living purposes. The home occupation shall not change the character of the dwelling unit. See Article 1367 for home occupation regulations.
Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation. Cut shall also refer to the depth below the original ground surface or excavated surface.
Day care center. An agency, institution, or private establishment enrolling four or more unrelated children, for a portion or all of a day on a regular weekly schedule, outside their own homes. Tuition, fees, or other forms of compensation for the care of the children is charged. The center shall be licensed or approved as necessary to operate as such a center. Such a center may also be known as a child care center or nursery school. The center shall be licensed and operated in accordance with applicable law.
Day care center, adult. A structured program of therapeutic, social, and/or rehabilitative services for disabled adults, including the frail elderly, provided in a group setting and outside their own homes. The center shall be designed to serve four or more unrelated persons on a regular weekly basis for a portion or all of a day. The center shall be licensed and operated in accordance with state law.
Deck. An open structure attached to or adjoining a house, other principal building, or above- ground swimming pool, consisting of one or more planes constructed of wood, metal, and/or other materials and located above the surface of the earth on or including a support system of footings and foundations, piers, pilasters, columns, posts, joists, stringers, and beams or any of them, and including any railings or open enclosure thereof and including any stairs, ramps, or other devices connecting one level with another, with the ground and/or with the adjoining structure.
Demolition. Any act or process that destroys in part or in whole a landmark, building, structure, or improvement.
Detention basin. A storage facility for the temporary storage of stormwater runoff.
Development. (1) Any manmade change to improved or unimproved land, including but not limited to the construction, reconstruction, conversion, structural alteration, relocation, enlargement or use of any structure or parking area; (2) any mining, excavation, dredging, filling, grading, drilling or any land disturbance; or (3) any use or extension of the use of the land. (Ord. 12225. Passed 4-17-01.)
Developmentally Disabled. A person with a severe chronic disability that: is attributable to a mental or physical impairment or combination of mental and physical impairments, is manifested before the person attains the age of twenty-two, is likely to continue indefinitely, results in substantial functional limitation in three or more of the following activities of major life activity; self-care, receptive and expressive language, learning, mobility, self-direction, capacity of independent living, economic self-sufficiency, and reflects the person’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment or other services that are of lifelong or extended duration and are individually planned or coordinated.
(Ord. 14898. Passed 12-6-16.)
Dilapidation. A deterioration of structures or buildings to the point of being unsafe or unfit.
(Ord. 12225. Passed 4-17-01.)
Dish antenna. Any parabolic or part-spherical device, also known as a satellite dish antenna or earth station, whose purpose is to receive and/or transmit microwave or other electronic communication signals from and/or to satellites or other instruments for television, radio, data, imagery, or other forms of telecommunications. A typical device contains a combination of four main elements: the antenna or dish, its support structure, the amplifier, and a cable that carries the signal to and/or from a receiver and/or transmitter inside the building.
Distance of sign projection. The distance from the exterior wall surface of a building to the sign element farthest from such surface.
District. A part, zone, or geographic area within the City of Wheeling within which certain zoning or development regulations apply.
Domicile. A residence that is a permanent home to an individual.
Dormitory. See Group Quarters.
Drainage. (1) Surface water runoff; (2) the removal of surface water or groundwater from land by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development; or (3) the means for preserving the water supply and the prevention or alleviation of flooding.
Drainage area. That area in which all of the surface runoff resulting from precipitation is concentrated into a particular stream or waterbody.
Drainage system. Pipes, swales, natural features, and manmade improvements designed to carry drainage.
Driveway. A private roadway providing access for vehicles from a street to a parking space, garage, dwelling, or other structure.
Drive-through use. An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, goods, or be entertained while remaining in their vehicles. The drive-in use may be the principal or accessory use on a lot.
Duplex. See Dwelling, two-family.
Dwelling. A building arranged, intended, or designed exclusively for human habitation and containing one or more dwelling units.
Dwelling unit. A building or portion thereof designed, occupied, or intended for occupancy as a complete housekeeping facility for one household. It shall include the independent and exclusive cooking, sleeping, and sanitary facilities for a household, with direct access for the household from the outside of the building or through a common hall, and with a physical separation from any other dwelling unit whether or not in the same building.
Dwelling unit, attached. A dwelling unit sharing a common side or rear wall or walls with another dwelling unit or units and having its own separate entrance or entrances to the outside. This may also be known as a townhouse or rowhouse. See Townhouse.
Dwelling, single-family. A detached single dwelling containing one principal dwelling unit. The dwelling is not attached to any other dwelling by any means and has no roof, wall, or floor in common with any other dwelling unit. This is also known as a detached or one-family dwelling.
Dwelling, two-family. A detached or semi-detached dwelling containing two principal dwelling units. The dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar. The units may share a common stairwell exterior to both dwelling units and with access to the outside. There may be a common cellar but not a common basement. Each dwelling is located on its own separate lot. This type of dwelling shall also be known as a duplex.
Dwelling, multi-family. A dwelling containing three or more dwelling units. Access to units may be from a common hall or from individual entrances. This may also be known as an apartment house, apartment building, or garden apartment.
Townhouse or rowhouse. A one-family dwelling unit in a row of at least three such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. The row shall be designed and built as a single structure facing upon a street. See Dwelling, attached.
Bed and breakfast. A building that is the primary residence of the owner in which no more than ten rooms are rented to transient guests on an overnight basis. Breakfast only may be served to overnight guests. Bed and breakfasts are also known as tourist homes.
Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
Elevation. (1) A vertical distance above or below a fixed reference level; (2) a flat scale drawing of the front, rear, or side of a building.
Erosion. The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a combination thereof, or the detachment and movement of soil or rock fragments.
Establishment. An economic unit, generally at a single physical location, where business is conducted or services or industrial operations performed.
Excavation. Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
Existing grade or elevation. The vertical location of the ground surface prior to excavation or filling.
Existing use. The use of a lot or structure at the time this ordinance was enacted.
Exterior architectural features. The architectural character and general composition of the exterior of a structure, including but not limited to, the kind and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, other appurtenant elements and natural features when they are integral to the significance of the site, all of which are subject to public view from a public street, way or place.
(Ord. 12225. Passed 4-17-01.)
Extraction, Mineral. All or part of the process involved in the mining of minerals by removing overburden and mining directly from the mineral deposits, open pit mining or minerals naturally exposed, mining by auger method, dredging and quarrying, underground mining and surface work incidental to an underground mine.
Extraction, Industry. A heavy industry use that involves the extraction of minerals, including solids, such as coal and ores, liquids, such as crude petroleum; and gasses, 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 part of the extractive activity regardless of the intended length of time or if being done to prepare a site for a future development. (Ord. 15529. Passed 4-6-21.)
Fair Housing Act (FHA). Protects people from discrimination based upon race, color, religion, sex, national origin, disability or familial status in most housing and housing related transactions.
Family. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or legal adoption, no such family shall contain over three unrelated persons. However, where disability requires, up to 5 unrelated disabled persons living together shall be permitted and considered a family and not a group home. Requests for reasonable accommodations to this requirement can be made to the Board of Zoning Appeals.
(Ord. 14898. Passed 12-6-16.)
Fast food restaurant. An establishment whose principal business is the sale of a limited line of specialized, pre-prepared or rapidly prepared food items directly to the customer in a ready-to- consume state in disposable containers or wrappers either within the restaurant or off premises. See also Drive-in restaurant.
Fence. Any material or combination of materials erected to enclose or screen areas of land. Fences may be of an open (e.g., picket), semi-open, or closed (e.g., brick or stone) style.
Fill. Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by humans, for purposes of creating a new elevation of the ground.
Final approval. The last official action of the approving agency or board taken on a development plan which has been given preliminary approval, after all conditions and requirements have been met, and the required improvements have been installed or guarantees properly posted for their installation, or approval conditioned upon the posting of such guarantees.
Final plan. See Plat, final.
Finish elevation. The proposed elevation of the land surface of a site after completion of all site preparation work. See also Grade, finished.
Flag lot. See Lot, flag.
Floating zone. An unmapped zoning district. In this ordinance, the planned development zones are floating zones. Requirements are contained in the relevant article. The floating zone is fixed on the map only when an application for development, meeting the zone requirements, is approved.
Floor area. The gross area of all floors of all principal and accessory buildings, measured from the exterior face of the exterior walls, or in the case of a common wall separating two buildings, from the center line of such common walls. Gross floor area shall include such features as porches, balconies, breezeways, walkways, and raised platforms, if each is enclosed.
Floor area ratio. The gross floor area of the principal and accessory buildings on a lot divided by the area of the lot. The ratio is an expression of the intensity of development. For example, an F.A.R. of 1.0 would allow one square foot of building area to be constructed for each square foot of lot area; an F.A.R. of 4.0 would allow four square feet of building area for each square foot of lot area.
Food establishment. A fixed or mobile place or facility at or in which food or drink is offered or prepared for retail sale or for service on or at the premises or elsewhere. This does not include temporary establishments, such as covered dish suppers, farmers' markets, or food fairs.
Fraternity or sorority house. A dwelling or dwelling unit maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning.
Frontage. (1) That boundary of a lot abutting on a public street; (2) the front lot line.
Fuel storage. The containment of liquid fuel, including but not limited to heating oil, diesel fuel, gasoline, or kerosene above or below ground.
Garage, private. A detached or attached accessory building, or part thereof, used or intended to be used only for the temporary storage of private passenger vehicles belonging to the residents, employees, or visitors of the premises.
Garage, public. A building or part thereof for the parking or storage of motor vehicles and in which no other use is conducted, which is available for public use.
Garage, automotive repair. Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
Garden apartment. See Dwelling, multi-family.
Gasoline 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. This shall also be known as an automotive service station.
Grade.
Grade, finished. The final, average elevation of the ground adjacent to the exterior walls of a building after development, measured as the degree of rise or descent of a sloping surface.
Grade, natural. The elevation of the ground surface in its natural state, before manmade alterations, measured as the degree of rise or descent of a sloping surface.
Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition.
Gross floor area. The sum of all floor areas of all stories of a building, excluding any floor area housing mechanical or other equipment and floor area devoted to parking.
Group home. A facility or dwelling unit housing persons unrelated by marriage, blood, adoption, fosterage, or guardianship and operating as a group family household. A group home may be established as a half-way house, recovery home, or home for orphans, foster children, the handicapped or disabled, the elderly, or battered children and women. The facility shall be licensed and operated in accordance with applicable law. It may also be known as a group care facility. It is not Group quarters; see below.
Halfway house. A place for transitional group living arrangements for persons discharged from hospitals, or in lieu of hospitalization, characterized by the presence of live-in staff, emphasizing the development of skills necessary for more independent living. The facility shall be licensed and operated in accordance with applicable law.
Community residence. A residential facility or transitional housing for the developmentally disabled, victims of domestic violence, or homeless persons or households.
Group family household. A group of individuals unrelated by marriage, blood, adoption, fosterage, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
Group quarters. A dwelling that houses individuals in a group living arrangement who are unrelated by marriage, blood, adoption, fosterage, or guardianship. This may include fraternities, sororities, dormitories for a student body or religious order, army barracks, or other similar institutional use.
Half story. An uppermost story in which the floor area is as least one-third or less of the floor area of the story next beneath it, and which has a clear floor to ceiling height of at least seven and one-half feet. (Ord. 12225. Passed 4-17-01.)
Handicap. (1) A physical or mental impairment which substantially limits one or more of such person’s major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance. (Ord. 14898. Passed 12-6-16.)
Health care facility. A licensed facility or institution, whether public or private, principally engaged in providing services for diagnosis and/or treatment of human disease, pain, injury, deformity or physical condition. Such facility may be a hospital, clinic or center, skilled nursing facility, extended care facility, or laboratory or central services facility serving one or more such institutions. It shall not include an institution that provides healing solely by prayer.
Skilled nursing facility. An institution or part of an institution that provides licensed, skilled, full-time nursing care and related services for patients who require medical, nursing, and/or rehabilitative services. The facility shall provide extended and/or intermediate care for those who by reason of advanced age, illness, or infirmity need acute, chronic, or convalescent care. Such facility shall also be known as a nursing home or convalescent home.
Health clubs. Membership facilities designed for and use for body conditioning and rehabilitation, including activities such as aerobic and related class exercises. Such clubs may contain equipment such as pools, whirlpools, saunas, steam rooms, showers, locker facilities, and may as an accessory use sell food and drink.
Height. The vertical distance of a building measured from the average grade level at the base of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between the eaves and the highest point of the roof if the roof is of any other type. Height calculation shall not include chimneys, spires, towers, elevator and mechanical penthouses, water tanks, radio antennas, and similar projections.
Historic building. Any building or structure which is historically or architecturally significant, but which may not have been designated a historic landmark.
Historic district. A geographically definable area, designated by the Historic Landmarks Commission and approved by the City Council, possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. Certain changes shall require a certificate of appropriateness, to be issued by the Historic Landmarks Commission.
Historic landmark. A site, building, structure or object as designated by the Historic Landmarks Commission and as approved by Council as a landmark either on a national, state or local register. Certain changes shall require a certificate of appropriateness, to be issued by the Historic Landmarks Commission.
Historic site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historical, cultural or archeological value regardless of the value of any existing structure, as designated by the Historic Landmarks Commission and as approved by City Council. Certain changes shall require a certificate of appropriateness, to be issued by the Historic Landmarks Commission. (Ord. 12225. Passed 4-17-01.)
Homeless persons. Individuals and families who lack a fixed, regular, and adequate nighttime residence and includes a subset for an individual who resided in an emergency shelter or a place not meant for human habitation and who is exiting an institution where he or she temporarily resided. (Ord. 14898. Passed 12-6-16.)
Hospital. A licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, and training facilities. It may include the retail sale of pharmaceuticals and medical supplies as an accessory use.
Hotel. A building or part of a building in which (a) living or sleeping accommodations are used primarily for transient occupancy on a daily basis and for compensation, (b) one or more common entrances serve all such living or sleeping units, and (c) twenty-four hour desk service is provided, in addition to one or more of the following services: housekeeping, telephone, or bellhop service, or the furnishing or laundering of linens. Permitted accessory uses are restaurants or other public dining facility, bars or lounges, public banquet halls, ballrooms, or meeting rooms. There shall be no provision made for cooking in any individual room or suite.
House of worship. See Place of worship.
Household. See Family.
Housing unit. See Dwelling unit.
Impervious surface. Any material that reduces and prevents the absorption of stormwater.
Improvement. Any manmade, immovable item that becomes part of, placed on, or is affixed to real estate.
Industry. Those fields of economic activity including forestry, fishing, hunting, trapping, mining, construction, manufacturing, transportation, communication, electric service, gas service, sanitary service, and wholesale trade.
Institutional use. A non-profit or quasi-public use or facility such as a church, library, public or private school, hospital, or municipally owned or operated building, structure, or land used for public purpose.
Junk. Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition. It may include old or scrap metal, rope, rags, batteries, paper, rubber glass, building materials, household appliances, brush, wood, lumber, plastic, dismantled or wrecked automobiles or parts thereof, and other old or scrap ferrous or nonferrous materials.
Junk yard. An establishment, place of business, lot, land, parcel, building or structure that is maintained or operated for the purpose of storing, keeping, processing, abandonment, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The latter is the presence of two or more unregistered, inoperable motor vehicles.
Limited-access highway. A highway designed in such a manner so as to provide no direct access to properties abutting its right of way and including all highways designated as limited-access highways by the Planning Commission or Council, and in the case of Ohio County, by the Department of Health.
Loading space. A space or berth available for the loading and/or unloading of goods from commercial vehicles.
Lot or zoning lot. A plot, piece, parcel of land or assemblage of recorded contiguous parcels of land, the latter all in common ownership and designated as a single parcel, established and recorded by plat, subdivision, or otherwise permitted by law to be used or intended to be used by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this zoning ordinance.
Lot area. The total area within the lot lines of a lot, excluding any street rights-of-way.
Lot, corner. A lot abutting upon two or more streets at their intersection or upon two parts of the same street, where the interior angle formed by the intersection of the streets is 135 degrees or less or where the intersection is rounded by a curve having a radius of less than 100 feet. The point of intersection of the street lot lines is the "corner." A corner lot shall be deemed to have two front yards and two side yards and no rear yard.
Lot coverage. The total area covered, measured from the outside of the exterior walls, by all principal and accessory buildings on a lot. This is also described as the total building footprint and building coverage. Open porches, decks, balconies, and similar features shall not be counted.
Lot depth. The distance measured from the front lot line to the rear lot line. Where the front and rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to rear lot lines at right angles to the front lot line, every ten feet and averaging the length of these lines.
Lot, flag. A lot with no frontage on or abutting a public road and where access to the public road is by a narrow right-of-way usually granted by easement over another lot with the normally required lot frontage.
Lot frontage. The continuous length of the front lot line measured at the street right-of- way line, or the length within a lot of a continuous line parallel with the street and distant therefrom no more than the minimum required front yard.
Lot, interior. A lot other than a corner lot and abutting only one street.
Lot line. A property line of record bounding one lot from another lot or from a public or private street or any other public or private space.
Lot line, front. The lot line separating a lot from a street right-of-way. In the case of a through lot, the lot shall be deemed to have two front yards which shall each meet the required front yard setback and all other requirements of this ordinance to front yards, and shall be deemed to have two side yards and no rear yard. A corner lot shall be deemed to have two front yards and two side yards and no rear yard.
Lot line, rear. The lot line opposite and most distant from the front lot line. If the rear lot line is ten feet or less in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line. In this case, the rear lot line shall be a line not less than ten feet long at the greatest distance from the front lot line and lying wholly within the lot.
Lot line, side. Any lot line other than a front or rear lot line.
Lot line, street. A lot line separating a lot from a street.
Lot, through. A lot abutting two generally parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot. A through lot has two street lot lines and two side lot lines.
Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacture of products, and the blending of materials.
Master deed. A legal instrument under which title to real estate is conveyed and by which a condominium is created and established. The master deed shall be filed in the office of the county recording officer.
Master plan. A comprehensive, long-range plan intended to guide the growth and development of a municipality.
Membership association or organization. A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain formal membership qualifications, payment of fees or dues, regular meetings, and a constitution and by- laws. Such associations or organizations may also be known as clubs, fraternal organizations, trade associations, professional organizations, unions, political organizations, and religious organizations, and may include such groups as local civic clubs and associations, e.g., Elm Grove Civic Association, Southside Improvement Association, etc.; local chapters of national associations, e.g., Scouts, V.F.W., etc.; and fraternal organizations, e.g., Elks Club, American Legion, etc. Association or organization shall also refer to the land, establishment, or facilities owned, leased, occupied, and/or operated by the organization. The members of the organization shall have a financial interest in and method of control over the assets and management of the association or organization. Associations or organizations shall not include establishments operated for pecuniary gain, such as tennis or health clubs.
Mixed use. A structure or development that is occupied by a non-residential use and a residential use, or by a mix of non-residential uses such as office, manufacturing, retail, public, or entertainment uses.
Mobile home. A portable dwelling or office unit designed and built to be towed on its own chassis, comprised of frame and wheels, connected to utilities and designed with or without a permanent foundation for year-round use. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. It does not include recreational vehicles, campers, and other similar units used for recreation or as field offices for construction projects.
Motel, motor court and motor hotel. A building or group of buildings which (a) contains living and sleeping accommodations used primarily for transient occupancy on a daily basis for compensation, with the exception of the manager's or caretaker's unit, and (b) has convenient access to parking spaces for the use of the unit's occupants by way of separate entrances or groups of separate entrances, outside the main building, into the individual units.
Motor freight terminal. A building, structure, or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading, or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to trans- shipment.
Municipal building. A building or structure owned and operated by the City of Wheeling to house municipal functions, agencies, or offices, and which may or may not be open to the general public.
Natural drainage flow. The pattern of surface and stormwater drainage from a particular site before the construction or installation of improvements or prior to any regrading.
Nonconforming lot. A lot whose area, dimensions, or location were lawful prior to the adoption, revision, or amendment of this zoning ordinance but which fails by reason of such adoption, revision, or amendment to conform to the present minimum requirements of the zoning district in which it is located.
Nonconforming sign. A sign lawfully existing on the effective date of this zoning ordinance's adoption, revision, or amendment but which fails by reason of such adoption, revision, or amendment to conform to the present minimum standards and regulations of the adopted, revised, or amended ordinance.
Nonconforming structure or building. A structure or building whose location or dimensions related to lot size, yards, height, building coverage, floor area ratio, off-street parking, or loading or other similar dimensional requirements were lawful prior to the adoption, revision, or amendment of this zoning ordinance but which fails by reason of such adoption, revision, or amendment to conform to the present minimum requirements of the zoning district.
Nonconforming use. A use or activity which was lawful prior to the adoption, revision, or amendment of this zoning ordinance but which fails by reason of such adoption, revision, or amendment to conform to the present minimum requirements of the zoning district.
Nonpoint runoff. Surface water entering a channel from no definable discharge source.
Nuisance element. Any environmental pollutant, such as noise, radioactivity, vibration, glare, smoke, odor, air pollution, dust, liquid waste, solid waste, or heat.
Nursery. See Commercial greenhouse.
Nursery school. See Day care center.
Occupancy permit. A required permit allowing occupancy of a building, structure, or premise after it has been determined that all requirements of applicable ordinances have been met. This is also known as a certificate of occupancy.
Office. A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.
Office building. A building used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, and newspaper/candy stand. This may also be known as a professional building.
Official map. The legally adopted map of the City of Wheeling that conclusively shows the location and width of existing and proposed streets, public facilities, public areas, and drainage rights-of-way.
Open space. A 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.
Open space, common. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents or employees of the development, and may include such complementary structures and improvements as are necessary and appropriate.
Open space, public. Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.
Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.
Parcel. A lot or tract of land.
Parking area or lot. An off-street public or private land area designed and used or intended for use for the temporary storage of motor vehicles and usually surfaced and improved.
Parking area, commercial or private. A parking area owned by a business establishment and made available for use by the owners or occupants of the lot on which the parking area is located, and by clients, customers, or employees.
Parking area, public. A municipally owned parking area for use by the public.
Party driveway. A commonly shared or used vehicular way that connects or serves two or more parcels.
Performance standards. A set of criteria or limits established by this zoning ordinance relating to nuisance elements that a particular use or process shall not exceed.
Permitted use. A use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Personal services. An establishment primarily engaged in providing services involving the care of a person or his or her apparel.
Pervious surface. A material that permits full or partial absorption of stormwater into previously unimproved land.
Plat. (1) A map representing a tract of land, showing the boundaries and location of individual properties and streets, or (2) A map of a subdivision or site plan.
Plat, final. The final map of all or a portion of a subdivision or site plan which is presented to the Planning Commission for final approval.
Plat, preliminary. A preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Commission for consideration and preliminary approval.
Plat, sketch. A concept map of a proposed subdivision or site plan of sufficient accuracy and detail to be used for the purpose of discussion with municipal offices and the Planning Commission.
Preliminary approval. The conferral of certain rights, prior to final approval, after specific elements, as required in this ordinance, of a development site plan or subdivision have been approved by the Planning Commission and agreed to by the applicant.
Principal building. A building in which is conducted or is intended to be conducted the main use of the lot on which it is located.
Principal use. The primary or predominant use of a lot.
Processing and warehousing. The storage of materials in a warehouse or terminal and where such materials may be combined, broken down, or aggregated for trans-shipment or storage purposes where the original material is not chemically or physically changed. Processing and warehousing is a single term and refers essentially to a storage and shipment place as opposed to a manufacturing establishment.
Prohibited use. A use that is not permitted in a zoning district.
(Ord. 12225. Passed 4-17-01.)
Protected Classes. Demographic categories of persons established by civil rights statutes against whom discrimination is prohibited. This includes race, color, religion, sex, national origin, familial status and disability. (Ord. 14898. Passed 12-6-16.)
Public drainage way. The land reserved, dedicated, or used for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water so as to safeguard the public against flood damage, sedimentation, and erosion.
Public park. Public land that has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trail, swimming pool, athletic field, basketball or tennis court, pedestrian or bicycle trail, or similar public land within the City that is under the control, operation or management of the City, County, State or the Wheeling Park Commission, specifically including, but not limited to the Market Plaza and Veterans Memorial Amphitheater.
Quasi-public. A use owned or operated by a non-profit, religious, or eleemosynary institution and providing educational, cultural, recreational, religious, or other similar types of public programs.
Recreation facility. A place designed and equipped for the conduct of active and passive sports, participatory athletic activities, leisure time activities, and other customary and usual recreational activities. Excluded are facilities intended for spectator activities such as stadia and arenas.
Recreation facility, indoor. A commercial establishment designed and equipped for the conduct of sports, leisure activities, and other recreational activities wholly within an enclosed building. Examples of such use include but are not limited to health or fitness centers, indoor play areas, training studios for martial arts, gymnastics, and dance, bowling alleys, shooting ranges, and roller rinks.
Recreation facility, outdoor. A commercial establishment designed and equipped for the conduct of sports, leisure activities, and other recreational activities wholly or partially outside of any building or structure. Examples of such use include but are not limited to swimming pools, driving ranges, miniature golf courses, amusement parks, skateboard facilities, and go-cart tracks.
(Ord. 12225. Passed 4-17-01.)
Religious Purpose/Religious Land Use. A structure or place in which worship, ceremonies, rituals, education and other facilities used in support of promoting the particular system of beliefs is held. Also included are accessory uses incidental to the principal religious use.
(Ord. 12877. Passed 7-20-04.)
Removal. The relocation of a structure from site to another site.
Repair. Any change that is not construction, removal, or alteration.
Repair shop. A business enterprise engaged in the servicing and repair of motor vehicles, including auto body repair, or the retail sale, direct to the motorist, of motor vehicle parts and accessories, including installation.
Research facility. An establishment or other facility for carrying on investigation into the natural, physical, or social sciences, or engineering and development as an extension of investigation with the objective of creating end products. Such a facility may have an area set aside as a pilot plant.
Residence. The home, abode, or place where an individual is living at a specific point in time.
Residential street. A street, between two intersecting streets, upon which an R-District abuts, or where fifty percent (50%) or more of the abutting street frontage is in predominantly residential use.
(Ord. 12225. Passed 4-17-01.)
Restaurant with Lounge. An establishment for public eating in which the main purpose is the serving of food or consumption on premises and wherein a separate portion of the premises or structure may be used for the consumption of alcoholic beverages.
Restaurant without Lounge. An establishment for public eating in which the main purpose is the serving of food for consumption on premises and wherein alcoholic beverages may be served with a meal but which does not have a separate portion of the premises or structure used primarily to serve such beverages to patrons. Such area used for serving alcoholic beverages shall be limited to a service bar for the use of wait staff only and shall not have seating or standing to be used by patrons.
Retail Food Establishment. A retail establishment selling food and beverages to the public. Such establishment may offer prepared ready-to-eat foods and beverages for off-premise consumption. Such uses shall include but not be limited to supermarkets, grocery stores, butchers, fishmongers, bakeries, and speciality food stores. Allowed accessory use: a patron seating area for consumption of purchased food and non-alcoholic beverages, limited to no more than ten percent (10%) of the floor space open to the general public.
(Ord. 12824. Passed 5-4-04.)
Retail services. Establishments providing services or entertainment, as opposed to products, to the general public, including food establishments, bars, hotels, motels, finance, real estate, insurance, motion pictures, amusement and recreation services, health, educational and social services, museums, and galleries.
Right-of-way. (1) A strip of land acquired by reservation, dedication, prescription or condemnation, and intended to be occupied or occupied by a road, path, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary sewer, storm sewer, utility line, and other similar uses; or (2) Generally, the right to pass over the property of another.
Runoff. The portion of rainfall, melted snow, or irrigation water that flows across ground surface and is eventually returned to a waterbody such as a river, stream, pond, or reservoir.
School. A building or premise or part thereof that is designed, constructed, or used for education or instruction in a branch of knowledge, whether the school is a public or private academic one or a business, vocational, or trade school.
Senior housing. One of the following residence types:
Assisted living facility. A multi-family, residential group facility that provides a combination of housing, supportive services, and personalized assistance for persons needing help with activities of daily living. Such activities may include bathing, grooming, and medical reminders. Meals are provided in a central location on site. Dwelling units may or may not have conventional kitchens.
Congregate care facility. A multi-family, residential group facility with individual, independent dwelling units and hospitality services. These services comprise meals in a congregate dining area, recreation and social activities, or transportation services.
Continuum of care facility. A multi-family, residential group facility with a range of accommodations and services in one structure or one campus. This type may include full apartments for independent residents, an assisted living facility, and/or a skilled nursing facility.
Service station. A business enterprise engaged in the retail sale, direct to the motorist, of gasoline, and other vehicular fuels, and which may include the sale of oil, tires, accessories, and services for motor vehicles, and minor repair work.
Services. Establishments primarily engaged in providing services for individuals, business, and government establishments and other organizations. Such services include hotels and other lodging places, establishments providing personal, business, repair, and amusement services, health, legal, engineering, and other professional services, educational institutions, membership organizations, and other miscellaneous services.
Setback. The distance between the street right-of-way line or any other lot line and the front, rear, or side line of a building or structure, or any projection thereof, excluding uncovered steps, unenclosed porch, or chimney.
Setback line. That line that is the required minimum distance from the street right-of-way or any other lot line that establishes the area within which the principal or accessory structure must be erected or placed.
Shopping center. A group of commercial establishments planned, constructed, and developed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.
Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway. The sidewalk may be separated or may directly abut the street, according to regulations in this ordinance.
Site plan. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot(s) including topography, vegetation, drainage, floodplains, marshes, and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures, signs, lighting, screening devices, and other information that reasonably may be required in order that an informed decision can be made by the Planning Commission or other approving agent or body.
Skilled nursing facility. An institution or part of an institution that provides licensed, skilled, full-time nursing care and related services for patients who required medical, nursing, and/or rehabilitative services. The facility shall provide extended and/or intermediate care for those who by reason of advanced age, illness, or infirmity need acute, chronic, or convalescent care.
Social services. Establishments providing assistance and aid to those persons requiring counseling for psychological problems, employment, learning disabilities, and physical disabilities. This includes organizations soliciting funds for these and related services, child-care services, nurseries, residential care, and services for persons with limited ability for self-care.
(Ord. 12225. Passed 4-17-01.)
Special permit use. A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with and conform to all the conditions and standards for the location or operation of such use as specified in this zoning ordinance and authorized by the Planning Commission. The special permit when issued shall state that the special use permit use meets all conditions set forth in the zoning ordinance and rules and regulations.
(Ord. 13705. Passed 11-18-08.)
Story. That portion of a building, included between the upper surface of any floor and the upper surface of the floor next above it. If there is no floor above it, then the space between the floor and the ceiling next above it. Story shall include basements and not cellars. An intermediate floor between the floor and ceiling of any story shall be deemed a mezzanine and shall not be counted as a story.
Street. A vehicular way that (1) is an existing state, county, or municipal roadway, (2) or is shown upon an approved and recorded plat approved pursuant to law, (3) or is approved by other official action. The roadway shall include the land between the street lines (also known as rights- of-way), whether improved or unimproved.
Structural alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the dimensions or configurations of the roof or exterior walls.
Structure. Any combination of materials constructed or erected for use, occupancy, or ornamentation, the use of which requires permanent or temporary location on, above, or below the surface of the ground or water. By definition, all buildings are structures but not all structures are buildings. See Building.
Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or other divisions of land for sale, development, or lease.
Subdivision, major. Any subdivision not a minor subdivision.
Subdivision, minor. Any subdivision not involving any of the following: (1) three or more lots, (2) a planned development, (3) the extension or creation of public streets, or (4) the extension of any off-tract municipal or governmental facilities or improvement.
Substantial improvement. Any extension, repair, reconstruction, or other improvement of a property, the cost of which equals or exceeds fifty percent of the fair market value of a property either before the improvement is started or if the property has been damaged and is being restored, before the damage occurred.
Swimming pool. A man-made body of water or receptacle for water and constructed, installed, or maintained in or above ground.
Take-out restaurant. See Carry-out restaurant.
Tavern. See Bar.
Townhouse or rowhouse. See Dwelling.
Tract. An area, parcel, site, piece of land, or property that is the subject of a development application.
Trailer. A structure standing on wheels, towed, or hauled by another vehicle that carries materials, goods or objects, or is used as a temporary office. Trailers shall be allowed on a work site as temporary offices.
Use. The purpose or activity for which land, buildings, or structures are designed, arranged, or intended, or for which land or buildings are occupied and maintained.
Utility, private or public. (1) Any person, entity, agency, or establishment which, under public franchise or ownership, or under certificate of convenience and necessity, generates, transmits, distributes, and/or provides the public with utility services such as electricity, gas, heat, steam, communication, transportation, water, sewage collection, cable television, telephone, or other similar service, or (2) a closely regulated private enterprise with a franchise for providing a public service. Such services include the erection, construction, alteration, or maintenance of underground, surface or overhead transmission and collection systems, and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service.
Vacancy. Any unoccupied land, structure, or part thereof that is available and suitable for occupancy.
Variance. The relief granted by the Board of Zoning Appeals from the terms of this zoning ordinance in accordance with the procedures set forth in this ordinance.
Variance, bulk or lot. A departure from any provision of this zoning ordinance relating to yard, area, coverage, setback, lot size, height, frontage, or other dimensional requirements of the applicable zoning district, but not involving the actual use of the structure.
Variance, hardship. A variance (see above) that departs from this zoning ordinance because literal enforcement of this ordinance as it applies to a specific lot would create an undue hardship and present practical difficulties on that lot but not to other properties in the zone. (Ord. 12225. Passed 4-17-01.)
Visitability. Does not offer a completely accessible house, but rather the opportunity for a disabled person to visit the home of a friend without having to be lifted up the stairs, to enjoy a meal and be able to use the first floor bathroom. (Ord. 14898. Passed 12-6-16.)
Warehouse. A building used primarily for the storage of goods and materials.
Warehousing. Terminal facilities for handling freight with or without maintenance facilities.
Wholesale trade. Establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers, or acting as agents or brokers and buying merchandise or selling merchandise to such individuals or companies.
Yard. An area on a lot that lies between the principal or accessory building or buildings and the nearest lot line, and is unoccupied and unobstructed from its lowest level to the sky by any structure or portion thereof except as permitted by this ordinance. Fences, walls, poles, posts, and other customary yard accessories and ornaments may be permitted in any required yard, subject to height limitations. A required yard is that portion of a yard meeting the minimum yard requirements of the zoning district.
Yard, front. A yard extending the full length of the front lot line and back to a line paralleling the front lot line and intersecting the front of the principal building at its farthest point from the lot line. Each yard that abuts a front lot line shall be deemed a front yard.
Yard, rear. A yard extending across the full length of the rear lot line and forward to a line drawn parallel with the rear lot line and intersecting the back of the principal building at its farthest point from the rear lot line. In the case of a through lot or corner lot, there shall be no rear yard, but only front and side yards.
Yard, side. A yard extending along a side lot line and to a line drawn parallel with the side lot line and intersecting the side of the principal building at its farthest point from the side lot line, but excluding any area encompassed within a front yard or rear yard. In the case of a through lot or corner lot, there shall be no rear yard, but only front and side yards.
Zero lot line. The location of a building on a lot in such a manner that one or more of the building's side rest directly on a lot line.
Zoning district. A specifically delineated area or district within the corporate limits of the City of Wheeling for which the requirements governing use, placement, spacing, size, lot dimensions, and bulk of buildings and premises are uniform. This is also known as a zone.
Zoning map. The Zoning Map or Maps of the City of Wheeling, West Virginia, together with all amendments subsequently adopted which are part of this ordinance and which delineate the boundaries of the zoning districts.
Zoning officer. That person appointed by the City Manager and who has any other authority this Zoning Ordinance may confer upon him or her to administer the zoning ordinance and to issue zoning permits. In the absence of a designated zoning officer, the Planning Department shall function as the city’s zoning office.
Zoning permit. A document signed by the zoning officer, as required in the zoning ordinance, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure, or building complies with the provisions of this zoning ordinance or authorized variance.