CITY OF ROMNEY PLANNING AND ZONING COMMISSION ORDINANCE OFFICE FILE. First Draft (3-89) Amended 27 April 1989 Amended 4 January 2016

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1 ORDINANCE OFFICE FILE First Draft (3-89) Amended 27 April 1989 Amended 4 January 2016 As approved by Romney Planning and Zoning Commission 30 March 1989 Passed into Law by City of Romney Council 17 July 1989 Note This copy of Ordinance is to be updated each time amended and kept in the City of Romney Office file for public access pg. 1

2 ENABLING ORDINANCE First Draft (3-89) Amended 27 April 89 As approved by Planning and Zoning Commission 30 March 1989 Passed into Law by City of Romney Council 17 July 1989 pg. 2

3 ENABLING ORDINANCE Sec. 1 Sec. 2 Sec. 3 Sec. 4 Sec. 5 Sec. 6 Sec. 7 Sec. 8 Sec. 9 Sec. 10 Sec. 11 Sec. 12 Sec. 13 Sec. 14 Sec. 15 Sec. 16 Sec. 17 Sec. 18 Sec. 19 Sec. 20 Short Title Definitions Article II Article I In General Planning Commission Created; composition; appointment, terms and qualifications of members; filling vacancies. Advisory members, city and county planning commissions Regular and special meetings Quorum Offices; appropriation for expenses Election of officers; authority of vice president Appointment, duties and compensation of secretary and employees; special and temporary services; legal assistance Administrative powers and duties Expenditures; disposition of gifts; participation in federal planning assistance programs Purpose Article III Establishment; membership; terms Powers and duties of the commission Rules and Regulations Boundaries Violations Appeals General Fees Romney Historic Landmark Commission Article IV Zoning pg. 3

4 ROMNEY CITY CODE Article I In General Editor s note - The ordinance codified in this chapter was adopted pursuant to the requirements for notice, public hearings, etc., as prescribed in prior Chapter 8, Article 5 of the Code of West Virginia, which are now set forth in the present Chapter 8, Article 24 of the code of West Virginia. For State law as to urban and rural planning, zoning and subdivision control, see WVA code, Chapter 8, Article 24. Sec. 1. Short Title This chapter shall be known and may be cited as the Planning and Zoning Ordinance. Sec. 2. Definitions For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this sections: Commission: Planning Commission: The term commission and planning Commission shall mean the City Planning & Zoning Commission of the City of Romney, West Virginia. Comprehensive Plan: The term comprehensive plan shall mean the complete Comprehensive Plan of the city or any of its parts such as a comprehensive plan of land use and zoning of thoroughfares; of sanitation; of recreation and other related subjects, and including such ordinances as may be deemed necessary to implement such complete Comprehensive Plan or parts thereof by approval of the city council, and provision for such regulations as are deemed necessary and their enforcement. Municipality: The term municipality shall mean the City of Romney, West Virginia Public Place: The term public place includes any tract owned by the City. Unit of Government: The term unit of government shall mean any federal, state, regional, county, city, town or Government Corporation. Utility: The term utility shall mean any facility used in rendering service which the public has a right to demand. For similar definitions in state law, see W. Va. Code, pg. 4

5 Article II Planning Commission For state law as to authority of city to have a planning commission and statement of the objective to be attained thereby, see W.Va. Code As to the organization and functions of planning commissions generally, see W. Va. Code, through As to review of decisions of municipal planning commission by certiorari, see W. Va. Code Sec. 3 Created: composition; appointment, terms and qualifications of members; filling vacancies The City Planning & Zoning Commission for the City of Romney, West Virginia, is hereby created, which shall consist of ten (10) citizens, all of who shall be freeholders and residents of the city, shall be qualified by knowledge and experience in matters pertaining to the development of the city, shall include representatives of business, industry and labor, threefifths of whom shall have been residents of this city for at least ten (10) years prior to nomination, and each shall be nominated by the Mayor and appointed by him after confirmation by the city council. One member of this commission shall also be a city councilman and another member shall be an administrative officer of the city; and the terms of these two members shall be coextensive with the term for which they, respectively, have been elected or appointed, unless the Mayor and city council at the first council meeting of each year, designates another or others to take their place or places. The eight (8) citizen members shall each serve for a term of three (3) years and until their successor has been appointed and qualified, and, to provide for overlapping terms of office, two (2) such members shall be appointed prior to the first day of July of each year, and each shall take office on the first day of July of the year of their appointment. Members of the commission shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their official duties. Any member missing three (3) consecutive regular meetings of the commission shall be removed from the commission. The city zoning officer shall serve as an ex-officio member of the commission at any time when not serving as the city s administrative representative and in so serving shall be a full voting member, eligible for election to office, and eligible for appointment to any of the commission s committees; any attendance requirement shall not apply unless this member is also the city s administrative representative on the commission. For state law basis of this section, see W. Va. Code, Sec. 4 Advisory members, city and county planning commissions. Pursuant to the directions of section of the Code of West Virginia, a designated representative of the Hampshire County planning commission shall be an advisory member to the city planning commission; and at its first regular meeting in each year, the city planning commission shall designate one of its members as its representative to the Hampshire County planning commission, such representative to serve as an advisory member of the Hampshire pg. 5

6 County planning commission. Such advisory shall have all the privileges of membership of the respective commissions except the right to vote. Sec. 5 Regular and special meetings The planning commission shall fix the time for holding regular meetings, but it shall meet no less than once each quarter. Special meetings of the commission may be called by the president or by two members, upon written request by the secretary. The secretary shall send to all members, at least two days in advance of a special meeting, a written notice fixing the time and place of the meeting. Written notice of special meeting is not required if the time of the special meeting has been fixed at a regular meeting, or if all members are present at the special meeting. Sec. 6 Quorum For state law basis of this section, see W. Va. Code, The majority of the members of the planning commission shall constitute a quorum. No action of the commission is official, however, unless authorized by a majority of the commission at a regular or properly called special meeting. For state law basis of this section, see W. Va. Code Sec. 7 Officers; appropriation for expenses The city council shall provide the planning commission with suitable offices for the holding of meetings and the preservation of plans, maps, documents and accounts, and shall provide by appropriation a sum sufficient to defray the reasonable expenses of the commission. For state law basis of this section, see W. Va. Code Sec. 8 Election of Officers; authority of Vice President At its first regular meeting of each year, (July) the planning commission shall elect from its members a President and Vice President. The vice president shall have authority to act as president of the commission during the absence or disability of the president. For state law basis of this section, see W. Va. Code pg. 6

7 Sec. 9 Appointments, duties and compensation of secretary and employees; special and temporary services; legal assistance The planning commission may appoint and prescribe the duties and fix the compensation of the secretary, and such employees are as necessary for the discharge of the duties and the responsibilities of the commission. All such compensation, however, shall be in conformity to and in compliance with the salaries and compensation theretofore fixed by the council, and any such compensations or salaries shall be approved by the city council. The planning commission may make contracts for special or temporary services and any professional counsel. The members of the commission by virtue of such membership, shall not be precluded from performing special or temporary services as professional counsel; provided, that the fee for any such special or temporary services or the fee for professional counsel must be approved by the city council. For state law basis of this section, see W. Va. Code Sec 10 Administrative powers and duties To effectuate the purpose of this chapter, the planning commission shall have the power and duty to: (a) Exercise general supervision of and make regulations for the administration of the affairs of the commission. (b) Prescribe uniform rules pertaining to its investigation and hearings (c) Supervise the fiscal affairs and responsibilities of the commission (d) Prescribe the qualifications of, appoint, remove, and, subject to the approval of the city council as herein above provided, fix the compensation of the employees of the commission (e) Delegate to employee authority to perform ministerial acts in all cases except where final action of the commission is necessary (f) Keep an accurate and complete record of all departmental proceedings, record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the commission (g) Make recommendations and an annual report (in July) to the city council concerning the operation of the commission and the status of the planning within its jurisdiction (h) Prepare, publish and distribute reports, ordinances and other material relating to the activities authorized under this chapter (i) Adopt a seal and certify to all official acts pg. 7

8 (j) Invoke any legal, equitable or special remedy for the enforcement of the provisions of this chapter or of any ordinance enacted pursuant to the authority of this chapter or of any action taken by the commission thereunder (k) Prepare and submit an annual budget to the city council, and the commission shall be limited in all expenditures to the provisions make therefor by the city council (l) If deemed advisable, establish an advisory committee or committees (m) Delegate to a committee composed of one or more members of the commission the power to hold any public hearings or conferences required or permitted under this chapter to be held by the commission. If the hearing or conference is held by a committee, a written record of the substance of the hearing or the conference shall be made and preserved with the records of the commission for not less than five years. The committee shall have authority only to conduct the hearing and report to the commission. For state law basis of this section, see W. Va. Code Sec. 11 Expenditures; disposition of gifts; participation in federal planning assistance programs The planning commission shall have authority to expend, under regular city procedure as provided by law, all sums appropriated to it for purposes and activities authorized under this chapter or other applicable ordinance. Any gifts and donations accepted by this city for planning commission purposes shall be deposited with the city in a special non-reverting planning commission fund to be available for expenditures by the planning commission for the purpose designated by the donor. The city recorder shall draw warrants against such special non-reverting fund only upon vouchers signed by the president and secretary of the planning commission. The planning commission is authorized to spend funds made available for the purposes of this chapter, and to accept and use funds provided for the purposes of this chapter by the government of the United States and any other agency or group whose interests are in harmony with the purposes of this chapter, in accordance with federal requirements and under such conditions as the law of the state may provide. In this connection, the planning commission is hereby expressly authorized to participate in the federal planning assistance programs set forth in the Federal Housing Act of 1954, as amended, and any subsequent acts. For state law basis of this section, see W. Va. Code pg. 8

9 Article III Romney Historic Landmark Commission Sec. 12 Purpose This ordinance is adopted in order to preserve a district in the City of Romney which reflects elements of its cultural, social, economic, political and architectural history. This ordinance is designed to stabilize and improve property value in the district and to preserve specific buildings, structures or sites in the district, which are deemed to be of historic or architectural value, to foster civic beauty, to strengthen the local economy and to promote the use of the district for the education, pleasure and welfare of the citizens of Romney. Sec. 13 Establishment; membership; terms There is hereby created a Historic Landmark Commission for the municipality which shall consist of seven citizens, all of whom shall be residents and taxpayers of the City of Romney, two (2) of whom shall be members of the planning commission. All shall be nominated by the mayor and confirmed by the council. (1) Three (3) members of the commission first appointed shall serve for terms of three (3) years; two (2) members first appointed shall serve for term of two (2) years; two (2) members first appointed shall serve for terms of one (1) year. Thereafter members shall be appointed for terms of three (3) years each. (2) Vacancies shall be filled by nomination of the mayor and confirmation of the council for the un-expired term only. (3) Any member who ceases to reside in the city or who is absent from three (3) consecutive regular meetings of the commission shall be deemed to have resigned the position, and the mayor, upon certification of non-residence or absences, shall nominate a replacement member to fill the un-expired term. (4) Members of the commission shall serve without salary or compensation, however, with prior written approval by the mayor of such expenditures, the members of the commission are to be reimbursed by the municipality for all of their necessary and reasonable expenses actually incurred by them in the performance of their duties. (5) The commission shall meet the first month of each year and elect a chairman and secretary. In the absence of the chairman, the secretary shall serve as the chairman and shall appoint a temporary secretary to serve in that capacity while the permanent secretary acts as the chairman. The commission shall meet at least quarterly and shall conduct such special meetings from time to time as may be called by the chairman or by a majority of the commission. Notice of commission meetings shall be posted on the Internet and at City Hall ten (10) days prior to such meetings. (6) A record of the proceedings and actions of the commission shall be made by the secretary and shall be opened to public inspection at normal business hours at the city offices. pg. 9

10 (7) All actions taken by the commission shall be done so only upon the affirmative vote of four (4) members of the commission. (8) The presence of four (4) members of the commission at any regular or special meeting of the commission shall constitute a quorum for the conduct of business. (9) Members of the commission shall be eligible for reappointment by the mayor Sec. 14 Powers and duties of the commission A. The commission shall have the plenary power and authority, within the jurisdictional limits of the municipality and within the limits of available funds, to: (1) Make a survey of, and designate as historic landmarks, buildings, structures and sites which constitute the principal historical and architectural sites which are of local, regional, statewide or national significance. No building, structure or site shall be deemed to an historic one unless it has been prominently identified with, or represents, some major aspect of the cultural, political, economic, military or social history of the locality, region, state or nation, or has a major related to, the history of the locality, region, state or nation. In the case of buildings or structures which are to be so designated, they shall embody the principal or unique features of an architectural type or demonstrate the style of a period of our history or method of construction, or serve as an illustration of the work of a master builder, designer or architect whose genius influenced the period in which he worked or has significance in current times; (2) Prepare a register of landmarks, buildings, structures an sites which meet the requirements of subdivision (1) of this section, publish lists of such properties and, with the consent of the property owners, inspect such properties from time to time and publish a register thereof from time to time setting forth appropriate information concerning the registered buildings, structures and sites; (3) With the consent of the property owners, certify and mark with appropriately designated markers, landmarks, buildings, structures and sites which it has registered; (4) Establish standards for the care and management of certified landmarks and withdraw such certification for failure to maintain the standards so prescribed; (5) Acquire by purchase, gift, or lease and administer registered landmarks and easements and interests therein, both real and personal; (6) Lease or sell property so acquired under terms and conditions designed to insure the proper preservation of the landmark in question; (7) Prepare and place historical markers on or along the highway or street closest to the location which is intended to be identified by such markers; pg. 10

11 (8) Seek the advice and assistance of individuals, groups and departments and agencies of government who or which are conducting historical preservation programs and coordinate the same insofar as possible; (9) Seek and accept gifts, bequests, endowments and funds from any and all sources for the accomplishment of the functions of the commission; (10) Adopt rules and regulations concerning the operation of the commission, the functions and responsibilities and its officers, employees, assistants and other personnel and such other matters as may be necessary to carry out the purposes of the article within compliance with the laws of the city of Romney and State of West Virginia; (11) Adopt such other rules and regulations as may be deemed necessary to effectuate the purposes of this article, but no such rules and regulations shall be inconsistent with the provisions of this article or with any plan of the planning commission of the municipality. B. It shall be the duty of the Historic Landmark Commission to review any application to construct, alter, move, demolish or repair any landmark, building, structure or site within the Historic District and to approve or reject such application, if any such changes are visible or intended to be visible from an adjacent public way. (1) In reviewing an application and plan, the commission shall give consideration to: (a) The historical or architectural value or significance of the landmark, building, structure or site and its relation to the historic value of the surrounding area. (b) The relationship of the exterior architectural features of a designated structure to the rest of the structure and to the surrounding area. (c) The general compatibility of exterior design, arrangement, texture, color and materials proposed. (2) The commission shall pass only on exterior features of a structure and shall not consider interior arrangement; nor shall it disapprove applications except in regard to the considerations set forth above. (3) In case of an application for repairs or alterations affecting the exterior appearance of a structure which the commission deems of value to the city that the loss thereof will be a great loss to the city, state or nation, the commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure. pg. 11

12 (4) It is the intent of this section that the commission be strict in its judgment of plans for landmarks, buildings, structures or sites deemed to be valuable according to the studies performed for the historical or architectural value of the area. It is also the intent of this section that the commission shall be lenient in its judgment of plans for landmarks, buildings, structures or sites of little historical or architectural value or for plans for new construction except where such plans seriously impair the historical or architectural value of the surrounding area. It is not the intent of this article to limit new construction, alteration or repairs to any one period of architectural style. C. Unless the commission is satisfied that proposed construction, alteration or repair will not materially impair the historical or architectural value or significance of a landmark, building, structure or site, situate within the historic district, the commission shall reject the application and deny the issuance of a certificate of approval. D. The commission shall file with the city zoning officer its certificate of approval or rejection of all applications submitted to it for review. (1) No work shall begin until such certificate shall have been filed. (2) In the case of rejection, such certificate shall be binding on the city zoning officer and no building permit shall be issued. E. Where there is any violation of this ordinance the commission, or the city zoning officer shall, through the city attorney, institute appropriate action to prevent, enjoin, abate or remove such violation. F. The commission shall cooperate with and coordinate its activities with the West Virginia Department of Archives and History, the West Virginia Historical Society, and the West Virginia Antiquities Commission, with the view of developing a unified program for the identification, study, preservation and protection of all historic buildings, structures and sites in the municipality of Romney. G. The commission shall submit an annual report in July of its activities to the City Planning & Zoning Commission and to the City Council. Sec. 15 Rules and Regulations A. Any person, individual, firm or corporation proposing to construct, alter, move, demolish, or repair any landmark, building, structure or site within the historic district and such changes are visible or intended to be visible from an adjacent public way, shall file an application for the same with the city zoning officer along with all maps, plats, plans and all other data concerning such construction. Each application shall include the following: pg. 12

13 (1) Scaled elevation and/or an eight inch by ten inch (8 x 10 ) photograph of the building facades which are visible from a public way. (2) Specification of materials, colors, and construction techniques. (3) Other date as required by the rules of the commission. B. A certificate of approval from the commission is mandatory before the following may be undertaken within the historic district: construction, moving, demolition, repair or alteration of any landmark, building, structure or site in any manner affecting the exterior appearance of such landmark, building, structure or site, if such changes are visible from an adjacent public way. C. A certificate of approval from the commission shall automatically expire, unless extended by the commission, if: (1) In the case of an application for the demolition of a structure, the work has not commenced within six months or has not been completed within one year from the date of issuance of the certificate of approval. (2) In the case of an application for the construction of a new structure, the work has not commenced within six month from the date of the certificate of approval or is not completed within three years. D. Failure of the commission to act within forty-five days from the date the application is filed shall constitute approval unless an extension is agreed upon mutually by the applicant and the commission. E. There shall be no monetary charge imposed on the applicant by virtue of this ordinance. Sec. 16. Boundaries The boundaries of the historic district shall be delineated upon a map described as Romney Historic District No. 1. and herein incorporated into this ordinance by reference. Sec. 17. Violations Any person, firm or corporation, or agent of such, found guilty of constructing, altering, moving, demolishing, or repairing any landmark, building, structure or site within the historic district where such changes are visible from a public way without having secured the approval of the commission as required by this ordinance shall be guilty of a misdemeanor and shall be subject to a fine of not more than fifty dollars and costs, and every day any such violation shall continue to exist shall constitute a separate offense and shall be punishable as such hereunder. pg. 13

14 Sec. 18. Appeals Any person or persons or firm or corporation, aggrieved by a decision of the commission shall have the right of appeal concerning such decision to the circuit court of Hampshire County, West Virginia. ARTICLE IV ZONING Sec. 19. General The City of Romney Zoning Ordinance, amended and reenacted 27 th day of April, 1989, and with any subsequent amendments, is hereby adopted into as Article IV. (Zoning), City of Romney Code. This Ordinance is published separately. Sec. 20. Fees In any instance where the Board of Zoning Appeals of the City of Romney is required to consider a request for a special exception or variance of the City of Romney Zoning Ordinance a fee as specified in Schedule of Building Permits plus costs shall be assessed to the applicant. Fee required in the administration of this ordinance shall be paid into the municipal treasury by the applicant. For state law as to zoning generally, see W. Va. Code, through pg. 14

15 ORDINANCE COMPREHENSIVE PLAN First Draft (3-89) Amended 27 April 89 Amended 4 January 2016 As approved by Romney Planning and Zoning Commission 30 March, 1989 Passed into Law by City of Romney Council 17 July, 1989 pg. 15

16 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING ORDINANCE FOR THE MUNICIPALITY OF ROMNEY AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 24, CHAPTER 8 OF THE CODE OF WEST VIRGINIA, AS AMENDED THROUGH JULY 1, 1969, AND THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH Whereas Article 24, Chapter 8 of the Code of West Virginia, as amended through July 1, 1969, empowers the Municipality of Romney to enact a zoning ordinance and to provide for its administration, enforcement, and amendment: 1. To classify, regulate and limit the height, area, bulk and use of buildings hereafter to be erected. 2. To regulate and determine the area of front, rear, and side yards, courts and other open spaces about such buildings. 3. To regulate and determine the use and intensity of use of land and lot areas. 4. To classify, regulate and restrict the location of trades, callings, industries, commercial enterprises and location of buildings designed for specified uses. 5. To classify and designate the rural lands among agricultural, industrial, commercial, residential, and other uses and purposes. 6. To divide the Municipality of Romney into districts of such kind, character, number, shape and area as may be deemed necessary to carry out the purposes of this Ordinance. Whereas all requirements of Article 24, Chapter 8 of the Code of West Virginia, as amended through July 1, 1969, with regard to the preparation of the report on zoning by the Romney Planning and Zoning Commission and the subsequent action of the Council of the Municipality of Romney have been met; therefore, there is hereby established a Zoning Ordinance consisting of text and may as follows: First Draft 3-89; Amended ; Approved ; passes pg. 16

17 ARTICLE I TITLE AND PURPOSE SECTION 101: TITLE This Ordinance shall be known, cited and referred to as the Romney Municipal Zoning Ordinance. SECTION 102: PURPOSE These zoning regulations and districts as herein described have been established for the purpose of securing adequate light, air, convenience of access, and safety from fire, flood and other danger; that congestion in the public streets may be lessened or avoided; that the public health, safety, comfort, morals, convenience and general public welfare may be promoted; that the future development of the Municipality may be planned, including but not inclusive, road systems for adequate access and egress utilities (electric, communication, water, gas, sewer) education and recreational facilities. The needs of agriculture, industry and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community is commensurate with and promotive of the efficient and economical use of public funds. pg. 17

18 ARTICLE II DEFINITIONS SECTION 200: GENERAL Unless a contrary intention clearly appears, the following words and phrases shall have, for the purpose of this Ordinance the meanings given in the following clauses. SECTION 201: INCLUSIONS For the purpose of this Ordinance, words and terms used here shall be interpreted as follows: 1. Words used in the present tense include the future. 2. The singular includes the plural. 3. The plural includes the singular. 4. The word person includes a corporation, Un-incorporated association, or a partnership as well as the individual 5. The word lot includes the word plot or parcel. 6. The term shall is always mandatory. 7. The word building includes the word structure and shall be construed as if followed by a phrase or part thereof. 8. The word streets means a way for vehicular traffic, whether designated as a court, boulevard, avenue, expressway, highway, lane, and road, or however otherwise designated. 9. The work watercourse includes channel, creek, ditch, drain, dry run, spring and stream. SECTION 202: DEFINITIONS 1. Accessory Building: A building subordinate to the principal building on a lot, used for the purpose customarily incidental to those of the principal buildings, and not to be used for residential purposes unless such building was originally designated for residential use, as in conjunction with an institution. 2. Accessory Use: A use subordinate to the principal use of land or of a building on a lot and customarily incidental thereto. 3. Adult Amusement or Entertainment of Strip Bar : Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing, or relating to sexual conduct or specified anatomical areas, as defined herein, including, but not pg. 18

19 limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment. 4. Adult Bookstore: An establishment wherein, ten percent (10%) or more of its total display area consists of books, films, videos, magazines, periodicals, games, novelties, or other materials which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. (Herein referred to a sexually oriented materials.) 5. Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. 6. Adult Motel: A hotel, motel, or similar establishment that offers accommodations to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of sexual conduct or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this type of photographic reproductions. 7. Adult Motion Picture Arcade: Any place to which the public is permitted or invited where-in coin or slug-operated or electronically, electrically, or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. 8. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. 9. Amusement Centers: An Amusement Center is an indoor place or enclosure operated as a business open to the general public that contains devices or recreational facilities of any description and includes, but is not limited to bowling alleys, skating rinks, billiards and pool halls, pinball amusement games, computer or electronic amusement games or other coin or token operated amusement devices. 10. Apartment: A room or group of rooms in an apartment house or an apartment hotel designated for and occupied exclusively as a residence for only one family. 11. Apartment House: See Dwellings, Multiple 12. Area Floor: The sum of the gross areas of several floors of a building, measured from the exterior faces of walls. Floor areas does not include cellar space used for storage, heating, and other miscellaneous equipment, or attic space with less than eight feet headroom. 13. Area, Land: Land areas refers to net land area, exclusive of streets and other public places. pg. 19

20 14. Attached Dwelling: See Dwelling, Attached. 15. Attic: Accessible space between top of uppermost ceiling and underside of roof. Inaccessible spaces are considered cavities. 16. Attic Room: (Finished Attic): Attic space which is finished as living accommodations but which does not qualify as a half-story. 17. Auto Body Shop: Any structure or any building or part thereof, that is used in the repair or painting of bodies and fenders of motor vehicles, and comply with State and Federal Regulations. 18. Automobile Parking Lot or Garage, Commercial: A lot or building or portion thereof, other than an automobile sales lot, held out or used for storage or parking of six or more vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot or garage shall not be considered an accessory use; nor shall be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk, and comply with the State and Federal Regulations. 19. Automobile Repair and Service Garage: A building in which the business of general motor vehicles repair and service is conducted, but excluding junk and/or auto wrecking business, and comply with State and Federal Regulations. 20. Automobile Sales Lot: A lot arranged, designed, or used for the storage and display for sale of any motor vehicle, eligible for an inspection sticker or any type of trailer provided is unoccupied, and where no repair work is done except minor incidental repair of automobiles or trailers displayed and sold on the premises. An automobile sales lot shall not be used for the storage of dismantled or wrecked motor vehicles, and comply with State and Federal Regulations. 21. Automobile Service Station: A building, lot, or both, where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where automobile servicing and motor repairs are provided. Uses at a service station do not include major mechanical and body work, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in such stations, and comply with State and Federal Regulations. 22. Balcony: An un-roofed platform, enclosed by a railing or parapet, projecting from the wall of a building for the private use of tenants or for exterior access to the above grade living units. When a balcony is roofed and enclosed with operating windows, it is considered part of the room it serves. 23. Board: The Board of Zoning appeals of the Municipality. 24. Building: A building is any structure which is built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. pg. 20

21 25. Building Area: The ground area utilized by the building on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches from the walls of the buildings, steps, one-story open porches, bay windows, and balconies not extending through more than one story and not projecting more than 5 feet from the walls of the buildings: balconies and terraces. 26. Building Line: The line which establishes the minimum depth of front yard for the particular district as measured from the right-of-way line. 27. Commission: The word Commission shall refer to the Municipal Planning Commission. 28. Council: The word Council shall refer to the Municipal Council. 29. County Commission: The term County Commission shall refer to the County Commission of Hampshire County. 30. District: An area of the Municipality delineated by the Planning Commission on the Official Zoning Map within which are the regulations of this Ordinance are uniform throughout. 31. Duplex: A two-family residential structure, the residential units arranged one above the other or having a common party wall. 32. Dwelling: A dwelling unit. 33. Dwelling, Attached: One of two or more residential buildings having a common or party wall separating dwelling units. 34. Dwelling, Detached: A residential building entirely surrounded by open space on its building lot. 35. Dwelling, Multiple: A building constructed to contain three or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided. For purposes of this Ordinance, apartment houses and townhouses are multiple dwellings. 36. Dwellings, Portable: A unit built on a chassis having wheels or designed to be transported on wheels, designed to be used as a dwelling when attached to a permanent foundation and when connected to services, I.e., water, sewer, electric power and other required or desired facilities. (2016) 37. Double-Wide or Triple Wide Portable Dwelling: A dwelling consisting of several individual units as described above in Subsection 36 and assembled together horizontally at the same site. (2016) 38. Dwelling, Single: A residential dwelling unit, other than a portable dwelling, designed for and occupied by one family only. pg. 21

22 39. Dwelling, Two Family: A residential building containing no more than two dwelling units, arranged one above the other or side by side, designed to be occupied by not more than two families. 40. Dwelling Unit: One room, or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. 41. Exceptions: see Special Exception. 42. Family: Any number of individuals living together and sharing meals as a shingle housekeeping unit. 43. Floor Area, Gross: The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls, to include basements but not to include unfinished attics. Floor area for use in determining off-street parking requirements shall not include space devoted to storage. Gross floor areas includes covered porches, decks, and patios. 44. Floor Area, Habitable: The floor area within outside walls, exclusive of basements and open porches, and excluding garages, accessory buildings and hallways service more than one dwelling unit. 45. Floor Area, Ratio: The ratio of the floor area to the lot area. 46. Height of Building: A building s vertical measurement from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator, penthouses, thanks, and similar projections shall not be included in calculating the height. 47. Home Occupation: Any occupation or profession carried on by a member of the immediate family residing on premises, without advertising, in connection with which there is used no sign or display that will indicate from the exterior that the building is being used in whole or in part for any purpose other than that of a dwelling; that there is no commodity sold upon the premises. A professional person may use his residence for infrequent consultation, emergency treatment, or performance of religious rites, but not for the general practice of his profession. 48. Home, Nursing: A Proprietary facility, licensed by a governmental authority, for the accommodation of persons who require skilled nursing care and related medical services but are not in need of hospital care. A housing for the elderly project is distinguished from a nursing home in that an elderly project is primarily of a residential character with only incidental nursing facilities while a nursing home is primarily designed and used for the care of convalescent or ill persons. pg. 22

23 49. Lot: For the purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for the zoning district within which it lies for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or approved Private Street. 50. Lot Area: The lot area in the area of a horizontal plane bounded by the front, side and rear lot lines of a building lot, and for purposes of this Ordinance, shall include any portion of an easement which may exist within such property lines. 51. Lot Depth: The lot depth is the length of a line connecting the mid-points of the front and rear lot lines. 52. Lot Grandfathered: Lot of record size that does not meet requirements outlined in ART VII, Sec (as of record) prior to effective date of Ordinance. 53. Lot Line: A lot line is a boundary line of a lot. 54. Lot Width: The lot width is the length of a line (drawn perpendicular to the lot depth line) connecting the side lot lines. 55. Mall: Group of two or more business establishments bordering on and having customer entrances from an enclosed common area. See also: Shopping Center. 56. Massage Parlor: Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation s, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of, or in connection with, sexual conduct or where any person providing such treatment, manipulation, or service related thereto exposes specific anatomical areas. 57. Mobile Home: See Dwelling, Portable. 58. Model Studio: Any place, other than university or college art classes, where, for any form of consideration or gratuity, figure models who display specific anatomical areas are provided to be observed sketched, drawn, painted, sculptured, photographed, or similarly depicted. 59. Modular Unit: A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies, and does not include prefabricated panels, trusses, plumbing, trees, and other prefabricated sub-elements incorporated into a structure at the site. 60. Municipal: The word Municipal or Municipality shall refer to the City of Romney. 61. Non-Conforming: A building use, or lot, which by reason of design, size or use does not conform with the requirements of the district, or districts, in which it is located. pg. 23

24 62. Open Space: Open Space is that part of a lot including courts or yards which are open and unobstructed from its lowest level to the sky, which is accessible to all residents upon a building lot and which is not part of a roof. 63. Parking Lot, Commercial: A permanently surfaced area of one or more parking spaces designed or used for the parking of self-propelled vehicles and available to the public, whether for a fee or as an accommodation to clients or customers. 64. Parking Space: A reasonably level space available for the parking of one motor vehicle, not less than 9 feet wide and having an area not less than 200 square feet exclusive of passageways, driveways, or other means of circulation or access. 65. Public Service Corporation: A private utility corporation franchised to supply utility services to the public. 66. Sectional Home: A dwelling made of two or more modular units transported to the home site, put on a foundation and joined to make a singular dwelling. 67. Shopping Center: Group of 2 or more business establishments each having its outside customer entrance to a shared parking area, which has limited designated entrance points. See also: Mall 68. Sidewalks: Surface in front/side of property line of Cement. 69. Sign: A sign is any name, nameplate, billboard, poster, panel, display, illustration, structure or device used for visual communication, which is affixed, painted or represented directly or indirectly upon a building or other outdoor surface for the purpose of bringing the subject thereof to the attention of the public or advertising business, structure, or use of land. 70. Special Exception or Variance: A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted is such zoning district as special exceptions in accordance with Section 909 herein. 71. Street and Alley: A public or privately owned right-of-way, serving as a means of vehicular and pedestrian travel, and furnishing access to abutting properties (including back and side properties). 72. Street or Right-of-way Line: The line dividing a lot from a street. 73. Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures including buildings, mobile homes, walls, fences, billboards, poster panels, and carports. pg. 24

25 74. Variance: A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. 75. Yard: The required open, unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky, except for obstruction by projections permitted under Section Yard, Front: A yard extending the full width of the lot along the street line, and not less in depth, measured from the street line, than the minimum required in each district. 77. Yard, Side: A yard extending along the side lot line from the front yard to the rear yard, and not less in width, measured from the side lot line, than the minimum required in each district. 78. Yard, Rear: A yard extending the full width of the lot along the rear lot line, and not less in depth, measured from the rear lot line, than the minimum required in each district. 79. Zone: See District pg. 25

26 ARTICLE III INTERPRETATION AND CONFLICTS SECTION 301: INTERPRETATION OF THE ORDINANCE In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals, or general welfare. SECTION 302: CONFLICT WITH OTHER LAWS Where the provisions of this Ordinance impose greater restrictions than those of any other ordinance or regulation, the provisions of this Ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Ordinance, the provisions of such statute, ordinance or regulation shall be controlling. SECTION 303: EXISTING USES SAFEGUARD Such zoning ordinance or ordinances shall not prohibit the continuance of the use of any land, building or structure for the purpose for which such land, building or structure is used at the time such ordinance or ordinances take effect, but any alteration or addition to any land or any alteration, addition or replacement of or to any existing building or structure for the purpose of carrying on any use prohibited under the zoning rules and regulations applicable to the district may be prohibited: Provided, that no such prohibition shall apply to alterations or additions to or replacement of buildings or structures by any farm, industry or manufacturer, or to the use of land presently owned by any farm, industry or manufacturer by not used for agriculture, industrial or manufacturing proposed, or to the use of acquisition of additional land which may be required for the protection, continuing development or expansion of any agricultural, industrial or manufacturing operation or any present or future satellite agricultural, industrial or manufacturing use. If a non-conforming use has been abandoned, any future use of such land, building or structure shall be in conformity with the provisions of the ordinance regulating the use in the district in which such land, building or structure may be located: Provided, however, that abandonment of any particular agricultural, industrial or manufacturing process, shall not be construed as abandonment of agricultural, industrial or manufacturing use. Nothing contained in this article shall be deemed to authorize an ordinance, rule and regulation which would prevent, outside of urban areas, the complete use and alienation of any timber and any and all minerals, including coal, oil and gas, by the owner or alienee thereof. For the purpose of this section, urban areas shall include all lands or lots within the jurisdiction of a municipal planning commission as defined in this article. (1959,c. 118; 1969,c. 86; 1983,c. 152; 1984,c. 130) pg. 26

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