§ 90-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abattoir means a commercial slaughterhouse.
Accessory use or structure means a subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building.
Acreage means a parcel of land, regardless of area, described by metes and bounds, which is not a numbered lot on any recorded subdivision plat.
Administrator means the official charged with the enforcement of this chapter. He may be any appointed or elected official who is by formal resolution designated to the position by the board of supervisors and shall serve as administrator at the pleasure of the board of supervisors.
Agriculture means the tilling of the soil, the raising of crops, horticulture, forestry and gardening, including the keeping of animals and fowl and any agricultural industry or business, such as fruit packing plants, dairies or similar uses.
Airport means an area of land or water which is used, or intended for public use, for the landing and takeoff of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, easements and together with all airport buildings and facilities located thereon.
Alteration means any change in the total floor area, use, adaptability or external appearance of an existing structure.
Animal boarding place means any structure or any land or any combination of either used, designed and arranged for the boarding, breeding or care of dogs cats, pets, fowl, ponies, horses or other domestic animals for profit, but exclusive or animals used for agricultural purposes.
Animal boarding place, private means a place where four or more dogs, more than four months old, are kept for private use.
Animal unit is a measurement defined as a single slaughter or feeder cattle or its equivalent of: 2.5 swine, each weighing over 55 pounds; 0.5 horse; ten sheep or lambs; 0.67 mature dairy cattle; 55 turkeys; or 100 laying hens or broilers.
Apartment house means a building used or intended to be used as the residence of three or more families living independently of each other.
Apiary means a place where bee colonies or hives are kept and that contains an on-site water source for honey production and bees wax related products.
Automobile graveyard means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found.
Base flood/100-year-flood means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
Base flood elevation (BFE) means the one-hundred-year water surface elevation designated by the Federal Emergency Management Agency.
Basement means a story having part but not more than one-half of its height below grade. A basement shall be counted as a story for the purpose of height regulations if it is used for business purposes or for dwelling purposes by other than a janitor employed on the premises.
Best management practice means a practice or combination of practices as detailed in the Commonwealth of Virginia's Soil Erosion and Sediment Control Handbook determined by the county to be the most effective, practicable means of preventing or reducing the amount of pollution generated by nonpermit sources to a level compatible with water quality goals.
Bingo hall means a facility used primarily for the conduct of bingo games, open to the public and not in a subsidiary nature to another use. Note: A special exception shall not be required if operated within any public/semipublic building such as an emergency rescue squad or fire station, church or public school.
Boardinghouse means a building where, for compensation, lodging and meals are provided for at least five and up to 14 persons.
Buffer area means an area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbance.
Building means any structure having a roof supported by columns or walls for the housing or enclosure or persons, animals or chattels.
Building, accessory, means a subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes.
Building, height of, means the vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof if a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.
Building, main, means the principal structure or one of the principal buildings on a lot or the building or one of the principal buildings housing the principal use on the lot.
Cellar means a story having more than one-half of its height below grade and which may not be occupied for dwelling purposes.
Child care center means any place, however designated, operated for the purpose of providing care, protection and guidance to six or more children not related to the center operator. Child care centers are further classified as follows:
(1)
Commercial child care center means a facility, other than a family day care home, operated for the purpose of providing care, protection, or guidance to children separated from their parents or guardian during any part of the 24-hour day, excluding:
a.
A public or private school, unless the commissioner of social services determines that such school is operating a child care facility outside the scope of regular classes.
b.
A religious-exempt child care center as classified by the state department of social services, and operated on the premises of a church or religious institution.
c.
A facility required to be licensed as a summer camp by the department of social services.
d.
A Sunday School conducted by a religious institution or a facility operated by a religious or nonprofit organization, where children are cared for during short periods of time while persons responsible for such children are attending religious services or activities.
(2)
Home occupation child care means providing care for up to nine children in residential R-E, R-1, R-2, R-3 and A-1 general agricultural zoned areas as a home occupation use. In addition, for residential dwellings in existence before 1965 on B-1 zoned property, home occupation child care is allowed as a special exception use.
(3)
State-licensed child care center means providing care for ten or more children in the A-1 general agricultural or B-1 general business zoned area as a special exception use.
Commission means the planning commission of the county.
Dairy means a commercial establishment for the manufacture and sale of dairy products.
Dancing school means any place, however designated, operated for the purpose of providing instruction in the art of dancing to two or more children under 19 years of age during any part of the day between the hours of 9:00 a.m. and 9:00 p.m., exclusive of Sundays and holidays.
Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations or storage of equipment or materials.
District means districts as referred to in Code of Virginia, § 15.2-2280.
Dump heap means any area of 100 square feet or more lying within 1,000 feet of a state highway, a residence, a diary barn or food handling establishment where trash, garbage or other waste or scrap material is dumped or deposited without being covered by a sanitary fill.
Dwelling means any structure which is designed for use for residential purposes, except hotels, boardinghouses, lodginghouses, tourist cabins, apartments and automobile trailers.
Dwelling, attached, means one of not less than three nor more than ten attached dwelling units forming a continuous structure, each being separated by common or party walls of masonry construction void of fenestration or means of ingress or egress from the basement to the roof, with individual exterior entrances at grade, and with not more than three of such abutting dwelling units having the same front yard setback.
Dwelling, multiple-family, means a structure arranged or designed to be occupied by more than one family.
Dwelling, single-family, means a structure 19 or more feet in width arranged or designed to be occupied by one family, the structure having only one dwelling unit.
Dwelling, two-family, means a structure arranged or designed to be occupied by two families, the structure having only two dwellings units.
Dwelling unit means one or more rooms in a dwelling designed for living or sleeping purposes, having at least one kitchen.
Extended stay lodging means a building or group of attached or detached buildings containing lodging units available for rental or lease to transients for periods of up to 20 weeks. Lodging units generally contain full kitchens and kitchen wares, onsite guest laundry facilities, periodic maid service, and may offer restaurants, meeting rooms and/or recreation facilities.
Family means one or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodginghouse, tourist home or motel.
Family day care home means a dwelling unit in which the provider resides that is used to provide care, protection, and guidance to one through 12 children, exclusive of the provider's own children and children who reside in the home, when at least one child receives care for compensation. A family day care home (small) may provide care for one to five individual children during any part of the 24-hour day, may be governed by a voluntary license issued by the state department of social services, and shall be termed "home occupation child care" for purposes of regulation under this chapter. A family day care home (large) may provide care for one to 12 individual children during any part of the 24-hour day and shall be governed by a license issued by the state department of social services, consistent with the provisions of Code of Virginia, § 15.2-2292.
Farm operation means one or more parcels of land, either contiguous or separate, aggregating not less than 25 acres under constructive single ownership or management upon which the activity of agriculture is pursued in the production of natural fibers and food for human or animal consumption, exclusive of forestry.
Floodplain means any land area susceptible to being inundated by water from any source.
Food means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
Frontage means the minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line as defined and required by this chapter.
Garage, private, means an accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of 1½ times as many automobiles as there are dwelling units.
Garage, public, means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor vehicles.
General store, country, means a single store, the ground floor area of which is 4,000 square feet or less and which offers for sale primarily bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store.
Golf course means any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges.
Golf driving range means a limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.
Governing body means the board of supervisors of the county.
Guestroom means a room which is intended, arranged or designed to be occupied or which is occupied by one or more guests paying direct or indirect compensation therefor, in which no provision is made for cooking. Dormitories are excluded.
Historical area means the area defined on the zoning map in which the provisions apply for protection of an historical heritage.
Home for the aged means any place, however designated, operated or maintained, for the maintenance or care of four or more aged, infirm, chronically ill or incapacitated persons, except:
(1)
A facility or portion of a facility licensed by the state board of health or the state hospital board; and
(2)
The home or residence of an individual who cares for or maintains only persons related to him by blood or marriage.
Home garden means a garden in a residential district for the production of vegetables, fruits and flowers generally for use or consumption by the occupants of the premises.
Home occupation means an occupation carried on by the occupant of a dwelling as a secondary use in connection with which no one is employed other than members of the family residing on the premises, with the exception of such employees as may be provided for through approval of a special exception. No display of goods nor outside storage of materials and equipment is permitted except as provided for by special exception. No use or activity will be permitted which would change the outside appearance or character of the home or lot, except as provided for by special exception. Within this category the following four types of home occupations shall exist:
(1)
Office means limited to the use of a portion of the home, limited except as provided for by special exception to the main dwelling, not exceeding 15 percent of the floor area, in conjunction with the occupation. No more than two taxicabs, nor one light truck or other vehicle and one trailer of no more than 20 feet in length, used in association with any landscaping or contracting services office, may be parked or stored on the premises. Catering or food preparation by residents shall be regarded as a home office use, provided that no food items are sold directly to customers from the premises or for consumption on the premises.
(2)
Home professional and trade offices means offices within residences or accessory structures on residential properties where clients or customers are received within the home, such to be permitted by special exception only. This category shall include dental offices, doctors' offices, law offices, or architectural offices where clients or patients are received and services or medical/dental care is rendered; and personal service uses such as barber and beautician services and sewing and upholstery services. Conditions of a special use exception shall address, at a minimum:
a.
The provision of offstreet parking;
b.
The number of nonresident employees permitted;
c.
Signage permitted; and
d.
Hours of operation.
(3)
Cottage industry, in addition to those uses permitted under subsections (1) and (2) of this definition, means a home occupation which shall permit the preparation of food products for sale; the rental of rooms not to exceed four, including bed and board; arts and crafts; construction of wood, leather goods, saddles, clothing and other similar products; and lawn care and landscaping businesses with outside storage or the storage or parking of more than one vehicle and one trailer used in association with the business.
(4)
Home occupation child care means provision of care, for compensation, within a dwelling for one to five children unrelated by blood, marriage, or adoption to residents of that dwelling, within any part of the 24-hour day. See also Family day care home (small). No person may care for more than four children under the age of two years, whether related or unrelated to the provider, unless licensed by the state department of social services.
Home occupation sign means a sign not exceeding four square feet in area directing attention to a product, commodity or service available on the premises. Such product, commodity or service shall clearly be a secondary use of the dwelling.
Hospital means an institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanatoriums, but in all cases excluding institutions primarily for mental or feeble-minded patients, epileptics, alcoholics or drug addicts. Certain nursing homes and homes for the aged may be home occupations if they comply with the definition in this section.
Hospital, special care, means an institution rendering care primarily for mental or feeble-minded patients, epileptics, alcoholics or drug addicts.
Hotel means a building designed for transient occupancy up to 30 consecutive days containing lodging rooms or suites accessible from a common hall or entrance, providing temporary living, sleeping and bathroom facilities. A central kitchen, meeting rooms, dining room, restaurant, gift shop and recreation room are generally provided. The term "hotel" shall not include a motel.
Junkyard means the use of any area of land lying within 100 feet of a state highway or the use of more than 200 square feet of land area in any location for 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, and the term includes garbage dumps and sanitary fills.
Kindergarten, private, means a school which is primarily educational in nature, meets the needs of a child of five years and operates at least five hours, but not more than 6½ hours per day.
Large-scale solar energy facility means a photovoltaic system consisting of solar PV panels, modules, accessory structures and related equipment such as DC to AC inverters, wiring, electric transformers, control systems and storage areas that collect solar energy and convert it into electricity using ten acres or more.
Livestock means domesticated animals normally raised on a farm such as horses, cows, swine, goats, sheep, alpacas, llamas and other such domesticated farm animals.
Livestock market means a commercial establishment wherein livestock is collected for sale and auctioned off.
Livestock, small means domesticated farm animals weighing 100 pounds or less at maturity such as goats and other small domesticated livestock.
Lot means a parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter, having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.
Lot, corner, means a lot abutting on two or more streets at their intersection. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets.
Lot, depth of, means the average horizontal distance between the front and rear lot lines.
Lot, double-frontage, means an interior lot having frontage on two streets.
Lot, interior, means any lot other than a corner lot.
Lot of record means a lot which has been recorded in the clerk's office of the circuit court.
Lot, width of, means the average horizontal distance between side lot lines.
Manufacture and manufacturing mean the processing or converting of raw, unfinished materials or products or either of them into articles or substances of different character or for use for a different purpose.
Mobile food unit means a food establishment that is mounted on wheels, readily moveable from place to place at all times during operation, and shall include but not be limited to pushcarts, trailers, trucks, or vans. The unit, all operations, and all equipment must be integral to and be within or attached to the unit.
Mobile home means a single-family dwelling designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbed or other trailers arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and the like.
Mobile home park or subdivision means any area of ten acres or more designed to accommodate 25 or more mobile homes intended for residential use where residence is in mobile homes exclusively.
Motel means a building or buildings designed for transient occupancy up to 30 consecutive days containing locking rooms or suites accessible through a common hall or separate outside entrances. A central kitchen, meeting rooms or dining room are not generally provided within the same structure as rooms or suites.
Nonconforming activity means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of this chapter [2] or as a result of subsequent amendments to this chapter.
Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either at the effective date of this chapter [3] or as a result of subsequent amendments to this chapter.
Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard height, lot coverage or other area regulations of this chapter or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of this chapter [4] or as a result of subsequent amendments to this chapter.
Nontidal wetlands means 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 does 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 CFR 328.3b, dated November 1, 1986.
Nursery school means a school which is primarily educational in nature, meets the needs of a child between the ages of three and five years and operates not more than four hours per day.
Offstreet parking area means space provided for vehicular parking outside the dedicated street right-of-way.
Outdoor flea market means an occasional or periodic market held in an open area where one or more individuals offers goods for sale to the public. The term "outdoor flea market" does not include sales held by charitable or nonprofit organizations not more than four times a year, farmer's market, or yard sales.
Pen means a small enclosure for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals or a coop. Enclosed pasture or range with an area in excess of 100 feet for each hog or small animal or 200 square feet for each larger animal shall not be regarded as a pen.
Photovoltaic or PV means materials and devices that absorb sunlight and convert it directly into electricity by semiconductors.
Photovoltaic cell or PV cell means a solid state device that converts sunlight directly into electricity. PV cells may be connected together to form PV modules, which in turn may be combined and connected to form PV arrays (often called PV panels).
Photovoltaic system or PV system means PV cells, which may be connected into one or more PV modules or arrays, including any appurtenant wiring, electric connections, mounting hardware, power-conditioning equipment (inverter), and storage batteries.
Poultry means domesticated fowl normally raised on a farm such as chickens, ducks, geese, turkeys, doves, guinea hens, peacocks, pigeons, and other similar domesticated poultry or fowl.
Private landing areas means an area for landing aircraft which has been constructed by a person for private use and which is not open to the general public.
Public water and sewer systems means a water or sewer system owned and operated by a municipality or county or owned and operated by a private individual or a corporation approved by the board of supervisors and properly licensed by the state corporation commission subject to special regulations as set forth in this chapter.
Recreational vehicle means a vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured at the largest horizontal projection;
(3)
Designed to be self-propelled or permanently towable by a light duty truck; and
(4)
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
Required open space means any space required in any front, side or rear yard.
Restaurant means any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tearooms, confectionery shops or refreshment stands.
Retail stores and shops means buildings for display and sale of merchandise at retail or for the rendering of personal services, but specifically exclusive of coal, wood and lumber yards, such as a drugstore, newsstand, foodstore, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.
Riding stable means any structure or any land or any combination of either used, designed or arranged for the maintenance of horses, mules, ponies or donkeys for hire either with or without instruction or a riding area, but exclusive of horses or mules used for agricultural purposes.
Sawmill means a portable sawmill located on a private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto.
Setback means the minimum distance by which any building or structure shall be separated from the front lot line.
Sign means any display of any letters, words, numerals, figures, devices, emblems, pictures or any parts or combinations thereof by any means whereby such are made visible for the purpose of making anything known, whether such display is made on, attached to or is a part of a structure, surface or any other thing, including but not limited to the ground, any rock, tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which the display is made. A display of less than one square foot in area is excluded from this definition. The term "sign" is further defined as follows:
(1)
Business means a sign which directs attention to a product or commodity available on the premises. Such signs shall be limited, in the aggregate, to a maximum of 300 square feet per business. Where four or more businesses occupy the same site, an additional 300 square feet of signage is permitted on a unified basis for identification of a shopping center.
(2)
Directional means a sign, one end of which may be pointed or on which an arrow may be painted, indicating the direction to which attention is called, four square feet or less in area, giving the name only of the farm or business responsible for the erection of the sign.
(3)
General advertising means a sign which directs attention to a product, commodity or service not necessarily available on the premises. Such sign shall not exceed 672 square feet in size at each location with an additional ten-percent extension.
(4)
Home occupation means a sign not exceeding four square feet in area directing attention to a product, commodity or service available on the premises. Such product, commodity or service shall clearly be a secondary use of the dwelling.
(5)
Location means a sign which directs attention to the approximate location of an establishment from which the advertised product may be obtained.
Sign structure includes the supports, uprights, bracing and framework of any structure, be it single-face, double-faced, V-type or otherwise, exhibiting a sign.
Sign, temporary, means a sign applying to a seasonal or other brief activity such as but not limited to summer camps, horse shows, auctions or sales of land. Temporary signs shall conform in size and type to directional signs.
Slaughtering means the killing of animals, usually domesticated livestock for food or for personal use or consumption only meeting USDA requirements.
Small renewable energy project means:
(1)
An electrical generation facility with a rated capacity not exceeding 100 megawatts that generates electricity only from sunlight, wind, falling water, wave motion, tides, or geothermal power; or
(2)
An electrical generation facility with a rated capacity not exceeding 20 megawatts that generates electricity only from biomass, energy from waste, or municipal solid waste.
Small solar energy facility means a photovoltaic system consisting of solar PV panels, modules, accessory structures and related equipment such as DC to AC inverters, wiring, electric transformers, control systems and storage areas that collect solar energy and convert it into electricity at a rated capacity equal to or less than 100 megawatts using less than ten acres.
Special exception means 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 in such zoning district as a special exception if specific provision for such special exception is made in this chapter.
Store. See Retail stores and shops.
Story means 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; if there is no floor above it, the space between the floor and the ceiling next above it.
Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level in which not more than two-thirds of the floor area is finished off for use.
Street or road means a public thoroughfare which affords principal means of access to abutting property.
Street line means the dividing line between a street or road right-of-way and the contiguous property.
Street and road mean a public thoroughfare which affords principal means of access to abutting property.
Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. This includes, among other things, dwellings, buildings, signs, etc.
Substantial alteration means expansion or modification of a building or development which would result in a disturbance of land exceeding an area of 2,500 square feet in the resource management area (RMA) overlay zoning district only.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1)
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or
(2)
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Tidal shore means land contiguous to a tidal body of water between the mean low-water level and the mean high-water level.
Tidal wetlands means vegetated and nonvegetated wetlands as defined in Code of Virginia, § 28.2-1300.
Tourist home means an establishment used for dwelling purposes in which less than ten rooms, with or without meals, are offered to transient guests for compensation.
Travel trailer means a mobile unit less than 29 feet in length and less than 4,500 pounds in weight which is designed for human habitation.
Tributary stream means any perennial stream that is depicted on the most recent U.S. Geological Survey 7½-minute topographical quadrangle map (scale 1:24,000).
Use, accessory, means a subordinate use, customarily incidental to and located upon the same lot occupied by the main use.
Variance means a relaxation of the terms of this chapter where such variation is not 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 chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structures; length-width ratio; size of yards; and open spaces. An establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts.
Vehicle impound facility means a facility that provides for temporary, screened storage of operable or inoperable vehicles to be claimed by titleholders or their agents or those that are awaiting vehicle insurance adjustments and/or claims.
Water-dependent facility means a development of land that cannot exist outside of the resource protection area (RPA) overlay zoning district and that must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include but are not limited to ports, the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, storm sewers, marinas and other boat docking structures, beaches and other public water-oriented recreation areas, and fisheries and other marine resource facilities.
Wayside stand, roadside stand, wayside market means any structure or land used for the sale of agricultural or horticultural produce, livestock or merchandise produced by the owner or his family on their farm.
Yard means an open space on a lot other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
(1)
Front yard means an open space on the same lot as a building between the front line of the building, exclusive of steps, and the front lot or street line extending across the full width of the lot.
(2)
Rear yard means an open, unoccupied space on the same lot as a building between the rear line of the building, exclusive of steps, and the rear line of the lot extending the full width of the lot.
(3)
Side yard means an open, unoccupied space on the same lot as a building between the sideline of the building, exclusive of steps, and the sideline of the lot extending from the front yard line to the rear yard line.
(Code 1988, § 17-1; Ord. No. O-02-012, 10-22-2002; Ord. No. O-03-004, 10-14-2003; Ord. No. O-12-06, § 1, 5-22-2012; Ord. No. O-12-37, § 1, 11-27-2012; Ord. No. O-13-14, § 1, 8-13-2013; Ord. No. O-17-04, § 1, 4-25-2017; Ord. No. O-13-10 (06-11-2013), § 2, 6-11-2013; Ord. No. O-13-01 (01-14-2014), § 1, 1-14-2014; Ord. No. O-20-18, § 1, 8-11-2020)
Cross reference— Definitions generally, § 1-2.
State Law reference— Definitions relating to planning, subdivision of land and zoning, Code of Virginia, § 15.2-2201; junkyards, Code of Virginia, § 33.1-348.
Footnotes:--- (2) ---Editor's note— The zoning ordinance was adopted on May 27, 1965.
--- (3) ---Editor's note— The zoning ordinance was adopted on May 27, 1965.
--- (4) ---Editor's note— The zoning ordinance was adopted on May 27, 1965.