Home occupation.
An accessory use of a dwelling unit by the occupant of the dwelling
for or with the intent of gainful employment involving the provision
of goods and services.
Hospital, general care facility. An institution
rendering medical, surgical or obstetrical care on an inpatient or outpatient basis.
Hotel. A facility offering transient lodging
accommodations to the general public and frequently providing additional services such as
meeting rooms, restaurants, entertainment, and recreational facilities.
Household pet. Companion animals that are typically
and customarily kept for company or pleasure in the house or yard.
Impervious
surface. A surface composed of any material that significantly
impedes or prevents natural infiltration of water into the soil.
Impervious surfaces include but are not limited to: roofs,
buildings, decks, streets, parking areas, and any concrete, asphalt
or compacted aggregate surface.
Improvements. All public and quasi-public utilities
and facilities including streets, sanitary sewers, waterlines, stormwater management and
erosion control facilities, monuments, signs, sidewalks, streetlights, and all other
similar features required by this chapter.
Industrial park. A comprehensively planned and
unified, industrially oriented development containing at least two (2) separate buildings
on at least five (5) acres [2ha] and protected by covenants and restrictions designed to
control such things as architectural design or building facades, landscaping, screening,
buffering, and environmental protection. Industrial parks typically have a mixture of
industrial, service, office, and commercial activities and are designed to incorporate
aesthetic and service amenities for the employees and patrons of the uses located within
the park.
Infiltration yard. An area which is designed and
located to allow stormwater runoff to filter through it and to take advantage of the
natural absorption and filtering qualities of the soil and vegetation, thereby reducing
the volume and rate of total stormwater runoff and impacts on water quality.
In-fill development. The development of small,
scattered vacant sites which are surrounded or essentially surrounded by existing
development and which because of location, configuration, access requirements, adjacent
development patterns, or similar characteristics, may necessitate special consideration
during the development process.
Junk. Old, dilapidated, discarded or scrap copper,
brass, plastic, rope, rags, furniture, beds and bedding, batteries, bottles, glass,
appliances, paper, trash, rubber, debris, building material waste, tools, implements,
dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap
ferrous or nonferrous material.
Junkyard. An establishment or place of business which
is maintained, operated or used for storing, keeping, buying or selling junk or for the
maintenance or operation of an automobile graveyard.
Kennel, commercial. Any land or structure in which
canines, felines, or hybrids of either, are kept for the purpose of breeding, hunting, or
training, renting, buying, boarding, selling or showing.
Kennel, private. Any land or structure used for the
keeping, breeding, or care of five (5) or more canines, felines, or hybrids of either,
which are over six months of age and which belong to the owner of the premises and which
are kept for the purpose of showing, hunting, or as household pets.
Landscape yard. A designated area within which trees,
plants and lawns are cultivated and also including other natural materials such as rock,
wood chips, mulch, and decorative features, including sculpture, trellises, fountains and
pools, and walkways.
Landscaping. The improvement of a lot or parcel with
grass, groundcovers, shrubs, trees, other vegetation or ornamental objects. Landscaping
may include earthforms, flower beds, ornamental objects such as trellises or fountains and
other natural features.
Land surveyor or surveyor. An individual certified and
licensed by the Commonwealth of Virginia to engage in the practice of land surveying.
Level of service (LOS). A set of criteria which
describes the degree to which an intersection, roadway, lane configuration, weaving
section or ramp serves peak period or daily traffic.
Livestock. Includes all domestic or domesticated:
bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae
animals; animals of the genus Lama; ratites; enclosed domesticated rabbits or hares raised
for human food or fiber; or any other individual animal specifically raised for food or
fiber, except companion animals. Vietnamese potbellied pigs (sus scrofa vittatus) which
are kept as household pets are excluded from this definition.
Loading space, off-street. A space within a main
building or on the premises which provides for the standing, loading, or unloading of
trucks or other delivery vehicles, and including any area necessary for ingress and
egress.
Lot. A
unit, division, or piece of land, generally created as a result of
the subdivision of property. The term is synonymous with plot,
parcel, premises, and site.
Lot area. The total computed area of a lot as defined
by the closure of the rear, side and front lot lines.
Lot depth. The depth of a lot shall be the average
distance between the front and rear lot lines.
Lot line. A line dividing one lot from another lot or
from a street or alley. (See
Figure I-2 in Appendix A)
Lot line, front.
Any street or right-of-way line, whether public or private, which
forms the boundary of a lot or such other property boundary as
determined to be a “front lot line” by the zoning administrator
pursuant to the terms of article II, General Regulations, of this
chapter.
Lot line, rear.
The lot line or lines opposite and most distant from and most nearly
parallel to the front lot line; or in the case of triangular or
otherwise irregularly shaped lots, a line ten feet (10') in length
entirely within the lot, parallel to and at a maximum distance from
the front lot line. The rear lot line on corner, through and flag
lots shall be such line as determined in accordance with the
procedures set forth in article II of this chapter.
Lot line, side. Any lot line other than a front or
rear lot line, as defined herein.
Lot of record. Any lot created by recordation of a
plat in the office of the clerk of the circuit court provided that:
- Such lot and plat complied fully with all zoning and subdivision regulations in
effect at the time of such recording; or,
- Such lot or plat was not in conformance with the regulations contained in the
zoning ordinance or subdivision ordinance at the time of said recordation, but has become
conforming by subsequent amendment of said regulations.
Lot types. (See
Figure I-3
in Appendix A)
- Through lot. An interior lot abutting two or more streets.
- Flag lot. A lot which does not abut a public street other than by its driveway
or other strip of land not meeting the required minimum frontage standards.
- Reverse frontage lot. A through lot from which access is not available or
permitted from one of the parallel or nonintersecting streets upon which it fronts. Such
limitations on access are intended primarily to prevent congestion and safety hazards on
arterial streets as defined in the subdivision ordinance.
Lot width. The width of a lot shall be determined as
follows (See Figure I-2 in Appendix A):
- If the side lot lines are parallel, the distance between these side lines,
measured perpendicularly at the minimum required front yard setback line for the district
in which located;
- If the side lot lines are not parallel, the width of the lot shall be the length
of a line measured at right angles to the axis of the lot at a point which is equal to the
required minimum front yard setback for the district in which located. The axis of a lot
shall be a line joining the midpoints of the front and rear lot lines.
Main-line utilities. Within each type of utility
system, such as sewer, gas, or water, the principal artery or arteries of the system to
which individual lots or buildings may be connected.
Manufacturing. Mechanical or chemical transformation
of materials or substances into new products, including the assembling of component parts,
the manufacturing of products, and the blending of materials.
Manufactured home. A structure subject to federal
regulatory standards (42 U.S.C. section 5401, the National Manufactured Home Construction
and Safety Standards Act), which is transportable in one (1) or more sections; is eight
feet (8') or more in width with a body forty feet (40') or more in length in traveling
mode, or is three hundred twenty (320) or more square feet when erected on site; is built
on a permanent chassis; is designed to be used as a single-family dwelling, with or
without a permanent foundation, when connected to the required utilities; and includes the
plumbing, heating, air-conditioning, and electrical systems contained in the structure.
For the purposes of this chapter, a manufactured home shall not be deemed a single-family
detached dwellingor a modular dwelling unit. Any transportable factory-built dwelling unit constructed prior to the
enactment of Home Construction and Safety Standards Act of 1974 or which does not meet
such standards together with any manufactured home which has been modified to the extent
that it is no longer capable of use for residential occupancy purposes or which has had
factory installed appliances removed rendering the unit uninhabitable, shall be deemed a
trailer for the purposes of this chapter.
Manufactured home park. A parcel of land with
necessary improvements and utilities which is designed to accommodate two (2) or more
manufactured homes on individual spaces but without transfer of title to such spaces.
Manufactured home subdivision. A subdivision designed
and developed in accordance with all applicable requirements of the R7
"Manufactured Home
Subdivision District" of this chapter and in which individual lots are available for
placement of manufactured homes and transfer of title.
Marina. A facility designed for
docking, storing,
servicing, berthing, fueling or repairing of primarily recreational boats and which
may include accessory restaurant and retail facilities. Marinas may
include in-water berths/slips which are covered or uncovered, dry
berths/slips for boat storage on land, either indoors or outdoors,
and provisions for transfer of boats to and from the water by means
of ramps or mechanical equipment.
Mini-storage
warehouse. A type of warehousing consisting of individual,
small, self-contained storage spaces which may be owned, leased, or rented to individuals.
Such facilities may also be known as
self-storage warehouses. For the purpose of this chapter, the
two types of mini-storage warehouse/self-storage facilities are:
• Single-story:
Facilities in which the storage units/cubicles typically are
arranged in long, narrow single-story buildings with the majority of
the individual units accessed through doors that open directly to
the outside.
• Multi-story: Facilities in which the storage units are arranged in
a multi-story structure with all of the individual storage
units/cubicles accessed through doors that open to interior
corridors.
Mixed-use development. Property that incorporates two
or more different principal uses
(typically residential and commercial) within a single planned development under a single master plan.
Model home display park. A single parcel of land
including two (2) or more nonindustrialized unit model homes with such units intended for
display purposes only and not used residentially. One (one) or more of such model homes
may be used as a sales or business office.
Monument or survey monument. A permanent structure or
edifice used or installed to mark the position of a survey station.
Motel. An establishment providing transient sleeping
accommodations with a majority of all rooms having direct access to the outside without
the necessity of passing through the main lobby of the building.
Nightclub.
An establishment that offers alcoholic beverages for on-premises
consumption, which is open for business after 11:00 p.m., and which
also includes an area where patrons can dance to live or recorded
music, or a stage or floor area from which live bands or solo
artists perform music or entertainment. This term shall also include
restaurants and commercial reception halls if they are open for
business after 11:00 p.m., serve alcoholic beverages at a bar or at
tables, and have a dance floor or performance area as described
above. The term shall not include a restaurant in which live,
non-amplified musical performances are offered as background
entertainment for dining patrons, provided the restaurant does not
have a dance floor.
Nonconforming lot. A lawfully created lot of record,
the area, dimensions or location of which complied with the regulations in effect at the
time of lot creation, but which fails by reason of adoption of or subsequent amendment to
this chapter to conform to the present requirements of the zoning district in which
located.
Nonconforming structure or building. A lawfully
constructed structure or building, the size, dimensions or location of which complied with
the regulations in effect at the time of the construction, but which fails by reason of
adoption of or subsequent amendment to this chapter to conform to the present requirements
of the zoning district in which located.
Nonconforming use. A lawfully established use or
activity which complied with the regulations in effect at the time of its establishment,
but which fails by reason of adoption of or subsequent amendment to this chapter to
conform to the present requirements of the zoning district in which located.
Nursing home. Rest homes, extended care homes,
convalescent homes, or similar facilities which are established to render domiciliary or
nursing care for chronic or convalescent patients and which are properly licensed by the
state, but not including child care homes or facilities for the care of drug addicts,
alcoholics, mentally ill or developmentally disabled patients.
Office. The facilities in which the administrative
activities, record keeping, clerical work and other similar affairs of a business,
profession, service, industry, or government are conducted and, in the case of professions
such as dentists, physicians, lawyers or engineers, the facilities where such professional
services are rendered.
Office park. A comprehensively planned and unified
office oriented development containing at least two (2) separate buildings on at least
five (5) acres [2ha] and protected by covenants and restrictions designed to control such
things as architectural design, building facades, landscaping, screening, buffering and
environmental protection. Office parks typically have a mixture of office, service,
professional, and commercial activities and are designed to incorporate aesthetic and
service amenities for the employees and patrons of the establishments located within the
park.
Open space. An area that is intended to provide light
and air, and is designed, depending upon the particular situation, for environmental,
scenic or recreational purposes. Open space may include but need not be limited to, lawns,
decorative plantings, bikeways, walkways, outdoor active and passive recreation areas,
playgrounds, fountains, swimming pools, wooded areas, greenways and water courses. The
computation of open space shall not include driveways, parking lots or other surfaces
designed or intended for motorized vehicular traffic.
Open space, common. Open space within or related to a
development, not a part of individually owned lots or dedicated for general public use,
but designed and intended for the common ownership, use and enjoyment of
all the residents or
property owners of
the development.
Outdoor display. A temporary form of advertisement
involving the arrangement of representative samples of items offered for sale on the
premises of a business establishment in a neat and organized manner.
Outdoor storage. The keeping of any goods or
materials, excluding junk or solid waste, outside of a building for a period of time
comprising twenty-four (24) continuous hours or more.
Overlay regulations. Requirements, as specified in
this chapter, which supplement and apply in addition to those normally applicable in a
particular zoning district.
Parcel. A contiguous quantity of land in the
possession of or owned by, or recorded as the property of, the same person or persons.
Parcel identification number. A number or series of
numbers assigned by the county which uniquely identifies each parcel of land in the
county.
Park. Any public or private land available for
recreational, educational, cultural, or aesthetic use.
Parking lot. An area not within a building where motor
vehicles may be stored for the purpose of temporary, daily, or overnight off-street
parking.
Parking, off-street. Space provided for vehicular
parking outside the dedicated street right-of-way, and including any area necessary for
ingress or egress.
Particulate. Any finely divided solid or liquid
material.
Payday loan establishment. A place of business engaged in
offering small, short-maturity loans on the security of (i) a check,
(ii) any form of assignment of an interest in the account of an
individual or individuals at a depository institution, or (iii) any
form of assignment of income payable to an individual or
individuals, other than loans based on income tax refunds. For the
purposes of this chapter, such establishments shall not be construed
to be “banks” or “financial institutions.”
Peak period. (also peak hour) The period or hour in
which the heaviest traffic volume occurs on a roadway or within a network.
Performance guarantee. A financial guarantee to ensure
that all improvements, facilities, or work required by this ordinance will be completed in
compliance with the ordinance, regulations, and the approved plans and specifications of a
development.
Personal service establishments. Establishments
primarily engaged in the repair, care of, maintenance or customizing of personal
properties that are worn or carried about the person or are a physical component of the
person, including barber shops, beauty parlors, laundering, cleaning and other garment
services, tailors, shoe repair, and similar establishments.
Pet shop. An establishment where companion animals are
bought, sold, exchanged, or offered for sale or exchange to the general public.
Pharmacy, professional. An establishment solely
devoted to the practice of dispensing drugs, medicines or medical chemicals and the
compounding of prescriptions in accordance with State law.
Place of worship. A building or structure, or group of
buildings or structures, which by design and construction are primarily intended for the
conducting of organized religious services and accessory uses associated therewith. The
term "place of worship" is not to be construed in any way to include private
residences within which religiously related gatherings are conducted.
Plan approving agent. The individual responsible for
the administration of the site plan requirements of this chapter and the approval of said
site plans. The zoning administrator or designee shall serve as the plan approving agent.
Planned development. An area approved by the board and
planned and developed under a single master plan and containing one (1) or more land uses.
Planting area. The area within which vegetation is
installed which provides a sufficient bed to maintain and ensure the survival of trees and
other vegetation.
Plat. A plan or map of a tract or parcel of land,
meeting the requirements of this chapter and the subdivision ordinance, which is to be or
has been subdivided. As a verb, the term is synonymous with subdivide.
Poultry. All domestic fowl and game birds raised in
captivity.
Principal building or structure. A building or
structure or, where the context so indicates, a group of buildings or structures, in which
the primary use of a lot or parcel is conducted.
Principal use. The primary or main use of land or
structures, as distinguished from a secondary or accessory use.
Private club. A building and related facilities owned
and operated by a corporation, association, or group of individuals established for the
fraternal, social, educational, recreational, or cultural enrichment of its members and
not primarily for profit, and whose members meet certain prescribed qualifications for
membership.
Private school. A school operated by private interests
as a substitute for instruction required in state-supported public schools.
Property owners association. As defined in section
55-509, Code of Virginia, a property owners association means an incorporated or
unincorporated entity upon which responsibilities are imposed and to which authority is
granted in a declaration. The term includes homeowners' associations; however, it shall
not include condominium, cooperative, timeshare, or membership owners associations.
Public sewer system. A sewer system owned and operated
by a municipality, county, service authority or sanitary district.
Public water system. A water system owned and operated
by a municipality, county, service authority or sanitary district.
Record drawing. A reproducible document conforming to
the marked-up prints, drawings, and other data created after the construction process is
complete showing the purported location of work elements and significant changes made
during the construction process. Record drawings are based on unverified information
provided by parties who are generally assumed reliable.
Recreation area. A classification of open space that
includes land areas specifically providing for opportunities for passive and active
recreational activities for residents of a development. Recreation areas are set aside and
reserved for the common use of the residents of a development. Such areas may include, but
are not limited to, tennis courts, swimming pools, athletic fields, picnic areas, golf
courses, beaches, boat launching ramps, docks, woodlands, paths, trails, and similar
facilities. Except as otherwise provided for herein, recreation areas shall not include
balconies, private patios, or any buffer areas not set aside for the convenient use of all
residents of a development. Water areas with specific recreational value may be classified
as part of a recreation area only with the specific approval of the board of supervisors.
Recreational vehicle. A device, whether or not
self-propelled, designed or used for transporting persons or property for or in connection
with recreation or pleasure, as distinguished from mere transportation, except that it
shall not include bicycles or other vehicles designed to be moved solely by human power.
The term shall include, without limitation, motor homes, travel trailers, pickup campers,
tent trailers, boats, boat trailers and any device designed or used primarily to be loaded
on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place or eating
place, temporarily.
Recycling center. A place where waste products are
deposited on a relatively large scale to be collected and transported to a facility
ultimately for the purpose of reducing them into raw materials and transforming them into
new and sometimes different products.
Recycling collection point. An incidental use that
serves as a drop-off point for temporary storage of recoverable resources, but where no
processing of such items occurs. Such facilities are generally located in shopping center
parking lots or in other public or quasi-public areas, such as churches and schools.
Recycling plant. A facility that is not a junkyard and
in which recoverable resources, such as newspaper products; glass; metal cans; wood;
rubber; and other products, are recycled, reprocessed, and treated to return such products
to a condition in which they may again be use for production.
Regional Medical Center. A licensed and Commonwealth of
Virginia accredited health care institution, whether public or
private, with an organized medical and professional staff and with
inpatient beds available around-the-clock whose primary function is
to provide inpatient medical, nursing, emergency care and other
health-related services to patients for both surgical and
nonsurgical conditions and that usually provides some outpatient
services. In terms of the emergency care, such centers serve and
accept transport of patients from the emergency services departments
of three or more jurisdictions/municipalities, including the host
jurisdiction.
Repair service establishment. An establishment
involved primarily in the repair and general service of common home appliances, household
goods, or lawnmowers and gardening equipment; or, establishments involved primarily in
interior decorating, reupholstering, or the making of draperies, slipcovers and other
similar articles; or such other types of establishments which demonstrate similar impacts,
but specifically not including furniture or cabinet-making establishments.
Resort. A hotel or motel that serves as a destination
point for visitors. A resort generally provides recreational facilities for persons on
vacation. A resort is self-contained and provides personal services customarily furnished
at hotels, including the serving of meals. Buildings and structures in a resort complement
the scenic qualities of the location in which the resort is situated.
Restaurant, drive-in. An establishment that delivers
prepared food and beverages to customers in motor vehicles, regardless of whether or not
it also serves prepared food and beverages to customers who are not in motor vehicles, for
consumption primarily off the premises.
Restaurant, fast food. Any establishment whose
principal business is the high volume, high turnover sale of foods or beverages to the
customer in a ready-to-consume state for consumption either within the restaurant building
or for carry-out with consumption off the premises, and whose design or principal methods
of operation include selling food, frozen desserts, or beverages which are usually served
in edible containers or in paper, plastic, or other disposable containers.
Restaurant, sit-down. Any establishment, other than a
fast-food restaurant, where food and drinks are prepared, served and consumed primarily
within the principal building.
Retail sales. The sale of goods, merchandise and
commodities for use or consumption by the immediate purchaser.
Retention basin. A pond, pool, or basin used for the
permanent storage of water runoff. Also referred to as a "wet pond."
Right-of-way. A strip of land occupied or intended to
be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.
Right-of-way, road or street. The total width of land
dedicated or reserved for public or restricted travel, including appurtenant facilities
located therein, such as pavement, ditches, curbing, gutters, bikeways, sidewalks,
shoulders, and sufficient land for the maintenance thereof.
Roadside stand. An accessory use, which may
incorporate a structure, that offers for sale farm or garden produce which is grown on the
premises.
Roadway geometrics. The alignment, curvature,
horizontal and vertical grade, shoulder and drainage structure configuration, and other
similar details relative to a roadway or segment thereof.
Sanitary sewer. Pipe conduits used to collect and
carry away domestic, commercial or industrial sewage from the generating source to
treatment plants. Storm, surface and ground waters are not intentionally admitted into
sanitary sewers.
Satellite dish antenna. A device incorporating a
reflective surface that is solid, open mesh, or bar configured and is in the shape of a
shallow dish, cone, horn, or cornucopia. Such device is used to transmit or receive radio
or electromagnetic waves between terrestrially and orbitally based uses. This definition
is meant to include but not be limited to what are commonly referred to as satellite earth
stations, TVROs (television reception only satellite dish antennas), and satellite
microwave antennas.
Scenic easement. An easement, the purpose of which is
to limit development in order to preserve a view or scenic area.
School. A facility that provides a curriculum of
elementary, middle, or secondary academic instruction, including kindergartens, elementary
schools, middle schools, and high schools. Facilities offering General Equivalency Diploma
(GED) and other adult and continuing education programs and curricula are also included
within this definition.
Screening. The method by which a view of one site from
an adjacent right-of-way or another adjacent site is shielded, concealed, or hidden.
Screening techniques include fences, walls, hedges, berms, or other features.
Seasonal
occupancy.
Occupancy of a
dwelling unit, timeshare unit, or other accommodation for a limited
period of time, typically not exceeding several weeks per calendar
year. The occupancy may be in several intervals throughout the year,
or in a single block of time, but in no event shall it extend for a
period long enough to establish “legal residency” under applicable
tax codes or to require registration of children for school
attendance.
Seating capacity. The actual seating capacity of an
area based upon the number of seats or one seat per eighteen inches (18") [46cm] of
bench or pew length. For other areas where seats are not fixed, the seating capacity shall
be determined as indicated by the Uniform Building Code.
Secured medical facility. Any institution receiving
inpatients and providing general or specialized care for mentally ill or other
psychologically impaired patients in a facility which is secured so as to prevent patients
from leaving the premises except under supervision or with special permission.
Sedimentation. A deposit of soil that has been
transported from its site of origin by water, ice, wind, gravity, or other natural means
as a product of erosion.
Senior Housing
(Housing for Older Persons). As permitted by the terms of
the Virginia Housing Law, Section 36-96.7 of the Code of Virginia
(1950, as amended) and the federal Housing for Older Persons Act of
1995 (HOPA), senior housing or housing for older persons can
include: i) that which is provided under any state or federal
program that is designed and operated to assist elderly persons, as
defined by such program; or (ii) a housing community or facility
wherein at least 85% of the units are occupied by at least one
person sixty-two (62) years of age or older and wherein none of the
residents in the community or facility are under the age of nineteen
(19). The requirements of “Housing for Older Persons” as set forth
in the Virginia Fair Housing Law and HOPA shall control as to any
allowable exemptions to the occupancy rules. The developer, owner,
property owners association and/or manager of the housing community
or facility shall establish, make available and adhere to policies
and procedures which implement the occupancy criteria. Senior
housing arrangements may be further distinguished as one or more of
the following categories:
• Independent Living Facility: A building or series of buildings
containing independent dwelling units intended to provide housing
for older persons not requiring health or other services offered
through a central management structure/source. The facility may
include ownership or rental units and must be subject to appropriate
covenants, conditions, management policies or other procedures to
ensure that the facility provides only housing for older persons, as
defined above.
• Congregate Care Facility: A building or series of buildings
containing residential living facilities intended as housing for
older persons and which offers the residents of such facility the
opportunity to receive their meals in a central dining facility, to
receive housekeeping services and to participate in activities,
health services, and other services offered through a central
management structure/service.
• Assisted Living Facility: A building or series of buildings
containing residential living facilities for older persons and which
provides personal and health care services, 24-hour supervision, and
various types of assistance (scheduled and unscheduled) in daily
living and meeting the requirements of Section 63.2-1800, et. seq.
of the Code of Virginia (1950), as amended.
• Continuing Care Retirement Community (CCRC). A senior housing
development that is planned, designed and operated to provide a full
range of accommodations for older persons, including independent
living, congregate care and assisted living facilities, and which
may also include a nursing home (skilled-care facility) component.
Residents may move from one level to another level of housing
accommodations as their needs change. CCRCs may include ownership
and rental options but must be subject to appropriate covenants,
conditions, management policies or other procedures to ensure that
the facility provides only housing for older persons, as defined
above.
Septic system. An underground system with a septic
tank and one or more drainlines, depending on volume and soil conditions, which is used
for the decomposition of domestic wastes.
Such systems may also be referred to as soil absorption systems.
Service station. Any premises where gasoline and other
petroleum products are sold and light maintenance activities such as engine tuneups,
lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall
not include premises where heavy automobile maintenance activities such as engine
overhauls, automobile painting, and body fender work are conducted.
Setback. The required minimum horizontal distance from
any street right-of-way line, lot line, or other designated line that establishes the area
within which buildings or structures may be erected. For the purposes of this chapter,
unless otherwise noted, the required front, side and rear yard dimensions are used to
establish the applicable minimum setback dimensions. (See
Figure
I-2 in Appendix A)
Setback Line. A line or lines which establish the
required minimum front, rear, and side setback distances as established in the zoning
ordinance.
Shopping center. A group of architecturally unified
and related retail establishments which are planned, developed, owned, and managed as a
single operating unit. The establishments contained within the shopping center unit are
related to each other and the market area served in terms of size, type, location, and
market orientation. On-site parking is provided in direct relationship to the
characteristics of the establishments contained within the center. For purposes of this
chapter, the various types of shopping centers are defined as follows:
Neighborhood shopping center. A small,
neighborhood-oriented shopping center with a minimum of three (3) separate establishments
and a gross leasable floor area of less than ten thousand (10,000) square feet [925m2].
The establishments contained within the neighborhood center deal in goods and services
required on a daily basis.
Community or regional shopping center. A shopping
center or mall of at least ten thousand (10,000) square feet [925m2] of gross
leasable floor area and containing a minimum of five (5) separate establishments which
deal in a wide range of goods and services which are necessary on a community-wide basis.
Community shopping centers typically contain one or more major anchor tenants and other
establishments
Specialty shopping center. A shopping center or mall
containing an interrelated mix of retail and accessory establishments having a distinct
product or market orientation (for example, tourist-oriented center, mall, or complex;
outlet mall or complex; or a center containing a group of home furnishings establishments)
and linked together by an architectural, historical, or geographic theme. Specialty
shopping centers contain at least five (5) separate establishments and a minimum of ten
thousand (10,000) square feet [925m2] of gross leasable floor area.
Shrub. A relatively low growing woody plant typified
by having several permanent stems instead of a single trunk. For purposes of meeting the
landscaping requirements of this chapter, shrubs shall be further defined as follows:
Sight triangle. A triangular-shaped portion of land
established at street intersections and entrances onto streets in which nothing is
permitted to be erected, placed, planted or allowed to grow in a manner that limits or
obstructs the sight distance of motorists, bicyclists or pedestrians traversing or using
the intersection or entrance.
Sign. Any object, device, display or structure, or
part thereof, situated outdoors or indoors, which is used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization, business,
product, service, event or location by any means, including words, letters, figures,
designs, symbols, fixtures, colors, illumination or projected images.
Site plan. A required submission, prepared and
approved in accordance with the provisions of this chapter, which is prepared to scale and
depicts and provides design details on the proposed improvements on a site such as the
existing and proposed topography, vegetation, drainage, floodplains, marshes, waterways,
open space, walkways, means of ingress and egress, utility services, landscaping,
structures and signs, lighting and screening devices, complete dimensioning of the
existing and proposed structures and improvements, the boundaries of the site, and any
other information that reasonably may be required.
Skirting. A weather-resistant material used to enclose
the space from the bottom of a manufactured home to grade.
Solid waste disposal site or landfill. Areas which are
utilized for the ultimate disposition of solid wastes as defined in chapter 19 of this
Code, and also specifically including waste plant material, stumps or construction
materials resulting from land-clearing and development activities.
Special use. A use that is not permitted in a
particular zoning district except by a special use permit granted in accordance with the
provisions established by this chapter.
Special use permit. A permit which may be authorized
by the board for those uses identified as special uses by this chapter, in accordance with
all applicable standards, criteria and procedures as established herein.
Stable,
commercial. A
facility consisting of fenced enclosures and/or buildings in which
horses are kept as a commercial venture, including boarding, hire,
and sale.
Stable, private. An accessory building in which horses
are kept for private use and not for remuneration, hire, or sale.
Story. That portion of a building, other than the
basement, included between the surface of any floor and the surface of the floor next
above it, or if there is no floor above it, then the space between the floor and the
ceiling next above it.
Story, half. A space under a sloping roof which has
the line of intersection of roof decking and wall face not more than three feet (3') [1m]
above the top floor level.
Street. An established legal right-of-way or platted
right-of-way dedicated for the use of the general public, or portions thereof, either
accepted by the department of transportation or approved under the terms of the zoning
ordinance as a private transportation system, or
existing as an unimproved right-of-way serving multiple properties
by easements owned in common or by other legally enforceable rights
of pedestrian and vehicular access benefiting the adjoining
properties and having a name officially assigned by the County. A street shall provide vehicular and
pedestrian access to property for all purposes of travel, transportation and parking to
which it is adopted, devoted, or dedicated. The term is synonymous with road, lane, drive,
avenue, highway, roadway, thoroughfare, or any other term of like or common meaning. For
the purposes of this chapter, there shall be two (2) types of streets:
Street, private. Any street created under the terms
of this chapter, which is not a component of the state primary or secondary system, and
which is guaranteed to be maintained by a properly constituted association of property
owners from the development of which such street is an approved part.
In addition, the term “private street” shall include those
unimproved rights-of-way serving multiple properties by easements
owned in common or by other legally enforceable rights of
pedestrian and vehicular access benefiting the adjoining
properties and having a name officially assigned by the County
(and sometimes referred to as “dirt streets).
Street, public. A platted street, dedicated for the
use of the general public for all purposes of travel, transportation or parking unless
specifically noted otherwise.
Street Classification. Streets shall be functionally classified
as follows:
Access street. The lowest order of street, designed
to serve low volumes of traffic at low operating speeds. As its primary function is to
provide access to individual lots, access streets should carry only the volume of traffic
generated on the street itself. Cul-de-sacs and other terminal streets are typical of this
order of street.
Subcollector street. The second order of street,
designed to carry moderate volumes of traffic, at the same low operating speeds as access
streets. Such streets collect traffic from access streets as well as provide access to
individual lots. Long cul-de-sacs and other terminal streets may be within this order of
streets where their traffic volumes exceed the standards for access streets.
Collector streets. The highest order of street
generally permitted within a residential subdivision, designed to conduct and distribute
traffic between streets of lower order and streets of higher order linking major activity
centers. The class is further divided into ?major collector? and ?minor collector? based
on traffic volumes.
Arterial street. Includes streets and roads which
function within a regional network conveying traffic between major activity centers. The
purpose of such streets is to carry relative large volumes of traffic at higher speeds.
Direct residential lot access is prohibited while commercial or industrial lot access is
controlled and limited to high trip volume generators. Like collector streets, the
arterial class is further divided into "major arterial" and "minor
arterial" based on traffic volumes.
Expressway and freeways. The highest order of
roadway, designed exclusively for unrestricted movement of traffic. Access is only with
selected arterials by means of interchanges.
Structure. Any construction, or any production or
piece of work artificially built up or composed of parts joined together in some definite
manner, including signs, but not including land forms.
Subdivide or subdivision. The division of a lot,
tract, or parcel of land into two or more lots, parcels or other divisions of land for the
purpose of transfer of ownership.
Surface mine. Any operation involving the breaking or
disturbing of the surface soil or rock, where the primary purpose of the operation is to
extract or remove sand, soil, gravel, or other natural materials from the earth and to
transport the material, or any portion thereof, off the site of the surface mine
operation. Specifically exempt from this definition are the following:
-
Any excavation for roads, utilities, buildings, drainage structures, channels or
ditches, or ponds, lakes or other water bodies or features, whether intended for drainage,
recreational or aesthetic purposes, when such excavations are determined by the zoning
administrator to be incidental to and in accordance with the approved development plans or
site plans for a residential, commercial, industrial or other development activity, even
though the excavated material, or a portion thereof, may be hauled off- site and sold. In
no case shall any exempted pond or lake have a water depth exceeding thirty-three feet
(33') [10m].
-
Any excavation for the purpose of conducting a bona fide agricultural operation,
including but not limited to excavations to improve drainage, provide watering facilities
for livestock or create a holding lagoon for animal waste, but only so long as such
excavation is devoted solely to such use.
-
Any excavation for a pond or lake less than one (1)
acre in size when, in the opinion of the zoning
administrator, the sole purpose of such pond or lake is the recreational or aesthetic use
and benefit of the occupants or intended occupants of the property and the objectives of
this chapter would not be served by requiring a use permit. In no case shall any exempted
pond or lake have a water depth exceeding thirty-three feet (33')[10m].
-
Any excavation found by resolution of the board of supervisors to be operated,
or proposed to be operated, directly or indirectly by or for the exclusive benefit of the
Commonwealth of Virginia for the purpose of facilitating public roadway improvements,
provided that such operation will not result in the creation of an excavated pit on the
subject property, and provided further that the board is assured that such surface mining
operation will be conducted in accordance with appropriate erosion and sediment control
practices.
Notwithstanding the foregoing, in any of the above
situations where the Zoning Administrator determines that the
primary purpose or motivation for the excavation is to sell the
excavated material as a commercial undertaking, the excavation shall
be considered a surface mine and shall be subject to special use
permit review.
Timeshare/Interval Ownership.
A facility in which individual suites
or living units are sold in increments of time (e.g., weeks or
months) to individual owners for the purpose of transient or
seasonal occupancy. Under this arrangement, the exclusive right of
use, possession, or occupancy circulates among various owners or
lessees thereof in accordance with a fixed time schedule, which may
vary within certain specified time periods, on a periodically
recurring basis.
Tourist home. An establishment in a private dwelling
that supplies temporary accommodations to overnight guests for a fee. (See also "Bed
and breakfast inn")
Tower. A structure situated on a nonresidential site
that is intended for transmitting or receiving television, radio, or telephone
communications, excluding those used exclusively for dispatch communications.
Traffic, background. The number of trips existing or
projected to exist on a roadway or roadway system without the land use under study, i.e.,
traffic not directly or indirectly caused or attracted by the analyzed land use.
Trailer. A vehicle without motive power designed for carrying
property or passengers wholly on its own structure and for being drawn by a motor vehicle.
For the purposes of this chapter, containerized cargo units designed to be placed upon and
transported by a vehicle shall be construed to be trailers. The removal of wheels, tongues
or hitches, or the placement on a foundation upon the ground shall not be deemed to change
the character of a trailer.
Transitional buffer. A special landscaped yard area to
be provided in accordance with the requirements of this chapter at the interface of
certain zoning districts of differing intensities for the purpose of minimizing potential
land use conflicts.
Transitional home. A dwelling
unit, other than a group home, shared by more than four (4)
unrelated persons, including resident staff, who live together
temporarily as a single housekeeping unit, and in which staff
persons provide or facilitate care, education, counseling and
participation in community activities for the resident clients. The
following and similar types of occupancy shall be considered to be
transitional housing:
· Temporary
quarters for victims of physical or emotional abuse;
· Temporary or
emergency quarters for children or adults needing room and board and
support
services that would lead to self-sufficiency and permanent
shelter.
The term "transitional home" shall not include detention facilities
operated under the standards of the Department of Juvenile Justice,
nursing homes, alcoholism or drug treatment centers, work release
facilities for convicts or ex-convicts, or other housing facilities
serving as an alternative to incarceration or where the residents
are under the supervision of a court.
Tree. A woody perennial plant generally with one main
stem or trunk, but including multiple stemmed plants, which develops many branches,
generally at some height above the ground. For the purpose of meeting the landscaping and
preservation requirements of this chapter, the types of trees shall be defined as follows:
Tree cover. The area directly beneath the crown and
within the dripline of a tree.
Tree crown. The aboveground parts of a tree consisting
of the branches, stems, buds, fruits, and leaves. Also referred to as "tree
canopy."
Trip. A single or one-way vehicle movement to or from
a property, site, driveway or study area.
Trip assignment. The assignment of vehicle trip
volumes (site-generated and background) to the roadway network around a development, and
the assignment of site-generated volumes to individual and specific driveways and local
streets within the development. The process entails analyzing all trips, both entering and
exiting.
Trip ends. The total number of trips entering plus the
total number of trips exiting a site over a designated period of time.
Trip generation. The number of trip ends caused,
attracted, produced and otherwise generated by a specific land use, activity or
development.
Truck, heavy. A truck having a gross rated carrying
weight of more than one (1) ton [900kg].
Truck, light. A truck having a gross rated carrying
weight of one (1) ton [900kg] or less.
Truck stop. Any facility offering fuel for sale for
commercial vehicles, trucks and automobiles and constructed and designed to enhance
maneuverability and fueling of tractor trailer vehicles by the contouring of curbs and
aprons, and the placement of islands or other such design criteria. In addition a truck
stop shall have the capacity to fuel three (3) or more tractor trailer vehicles at the
same time and parking facilities for three or more vehicles. The facility may include
provisions for one (1) or more of the following:
- sleeping accommodations for commercial vehicle or truck crews;
- sale of parts and accessories for commercial vehicles or trucks;
- truck parking or storage area.
Trucking terminal. An area and building where cargo is
stored and where trucks load and unload cargo on a regular basis.
Use. The purpose for which a structure or a tract of
land is designed, arranged, intended, maintained or occupied; also, any activity,
occupation, business or operation carried on or intended to be carried on in a structure
or on a tract of land.
Usable satellite signal. A satellite signal which,
when viewed on a conventional television, is at least equal in picture quality to that
which can be received at the subject location from local commercial television stations by
use of a conventional outdoor antenna or by way of locally available cable television
service.
Variance. In the application of this chapter, a
reasonable deviation from those provisions regulating the size or area of a lot or parcel
of land, or the size, area, bulk, or location of a building or structure when the strict
application of the chapter would result in unnecessary or unreasonable hardship to the
property owner, and such need for a variance would not be shared generally by other
properties, and provided such variance is not contrary to the intended spirit and purpose
of this chapter, and, if granted, would result in substantial justice being done.
Warehouse. A building used primarily for the indoor
storage of goods and materials, usually without retail sales.
Waterman. An individual who is self-employed in the
harvesting of seafood for sale.
Wetland.
· Non-tidal. Those wetlands, other than tidal
wetlands, that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that, under normal circumstances, do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
as defined by the U.S. Environmental Protection Agency pursuant to
Section 404 of the Federal Clean Water Act in 33 CFR 328.3b, as may
be amended from time to time.
· Tidal.
Vegetated and un-vegetated wetlands, as defined in Section 28.2-1300
of the Code of Virginia.
Wholesale trade. The business of selling merchandise
to retailers, to industrial, commercial, institutional, or professional business users, or
to other wholesalers.
Woodland. A tract of land dominated by trees but
usually also containing woody shrubs, grasses, and other vegetation. For purposes of this
chapter, the term woodland shall incorporate woods, woodland areas, wooded areas, forest,
forested areas and any other terminology commonly recognized to have the same meaning.
Woodline. Line of demarcation separating areas of
woodland from nonwoodland areas. For purposes of this chapter the woodline shall be
defined as surrounding woodland including the leading edge of the dripline of the trees
contained therein plus five feet (5') [1.5m].
Workboat. A watercraft used primarily in the business
of harvesting seafood for sale.
Yard. Open space on the same lot with a building, a
group of buildings, or a use, which is unoccupied and unobstructed from the ground upward,
except as may be permitted by this chapter. (See
Figure I-2 in
Appendix A)
- Front yard. A yard extending across the full width of a lot and lying
between the front lot line(s) and the principal building(s).
- Side yard. A yard between the side lot line and the principal
building(s), and extending from the front yard to the rear yard, or in the absence of
either of such yards, to the front or rear lot lines.
- Rear yard. A yard extending across the full width of the lot and lying
between the rear lot line and the principal building(s).
Yard, required. The open space, of the dimension
specified by the district in which located, abutting the lot lines and extending inward
therefrom, and thus defining the buildable portion of a lot (See setback definition).
Zoning administrator. The county administrator or
designated agent.
Zoning map. The maps, together with all subsequent
amendments thereto, which are adopted by reference as a part of this zoning ordinance and
which delineate the zoning district boundaries.
Where questions or conflicts arise over the definition of other
words used in this chapter that are not defined above, the zoning administrator shall make
a determination as to the appropriate definition or meaning.