§ 98-2. Definitions and rules of construction.

(a)

Words, terms and phrases not defined in this section shall be interpreted in accordance with their normal dictionary meaning and customary usage.

(b)

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:

Acceleration lane means an added roadway lane which permits integration and merging of slower moving vehicles into the main vehicular stream.

Accessory building means a subordinate structure which is clearly incidental to or customarily found in connection with and (except as otherwise provided in this chapter) located on the same lot as the main building or principal use of land. (See section 98-10.)

Accessory use means a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and (except as otherwise provided in this chapter) located on the same lot with such principal use. (See section 98-10.)

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.

Addition means a structure added to the original structure at sometime after the completion of the original.

Administrator. See zoning administrator.

Adult business means a use, such as an adult bookstore/video store, adult motion picture theater, a business providing adult entertainment or any other establishment, including without limitation any adult modeling studio, adult cocktail lounge or adult nightclub, that regularly emphasizes an interest in matter relating to specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons.

Adult bookstore/adult video store means an establishment having as its principal purpose or one which derives in excess of 20 percent of its gross sales from the stock-in-trade of books, magazines and other periodicals and/or videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices or any other similar media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas" or are intended for the sexual stimulation or titillation of patrons.

Adult daycare center means any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four (4) or more aged, infirm, or disabled adults who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Mental Health, Mental Retardation, and Substance Abuse Services, and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage. Included in this definition are any two or more places, establishments, or institutions owned, operated, or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more aged, infirm, or disabled adults.

Adult entertainment means dancing, modeling, or other live performances if the performers' performance is characterized by an emphasis on specified anatomical areas or specified sexual activities, or is intended for the sexual stimulation or titillation of patrons. This definition also includes the showing of films, motion pictures, video cassettes, slides, photographic reproductions, virtual reality devices, internet sites, or files transmitted over the internet, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons.

Adult merchandise means magazines, books, other periodicals, videotapes, movies, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas or are intended for the sexual stimulation or titillation of patrons. This definition also includes toys, novelties, instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs and lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.

Adult motion picture theater means an enclosed building or open area, such as a drive-in theatre, used for presenting material for observation by patrons distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

Agricultural building means a structure on agricultural land designated, constructed, and used to house grain, hay, livestock, farm implements and equipment, and other agricultural produce or products.

Agricultural equipment sales and service means a building and/or associated land area for the display and sale or rental of new and/or used farm tools and implements, feed grain, tack, animal care products, and farm supplies. This includes repair of farm machinery repair when that repair is conducted in a fully enclosed building.

Agriculture means the bona fide production, keeping, or maintenance for sale or lease of plants and animals useful to man including, but not limited to, forages and solid crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutations or hybrids thereof including the breeding and grazing of any or all of such animals, bees and aviary products, fur animals, trees and forest products, fruits of all kinds including grapes, nuts, berries, vegetables, nursery, floral, ornamental, and greenhouse products or lands devoted to a soil conservation or forestry management program. The term does not include home gardens nor does it include those activities that occur primarily or exclusively for the personal use or enjoyment of the land owner.

Agritourism activity means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, distilling, brewing, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity.

Air park means a complex of uses such as offices, stores, hotels and manufacturers that join or are part of an airport and requiring or desiring close access thereto.

Airplane landing strip means a facility with a runway, but without normal air base or airport facilities.

Airport means any 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, as airport buildings or other airport facilities or rights-of-way, easements and together with all airport buildings and facilities located thereon.

Airport elevation means the highest point of an airport's usable landing area measured in feet from mean sea level.

Airport hazard means any structure, object or natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

State Law reference— Similar provisions, Code of Virginia, § 5.1-1.

Aisle means the traveled way by which cars enter into parking spaces.

Alteration means a change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beams, girders, or interior petitions, as well as any change in doors or windows or any enlargement to or diminution of a building or structure whether horizontally or vertically or the moving of a building or structure from one location to another.

Amusement facility (indoor) means a facility where the public may play billiards, pool, video games, or bowl. This includes game rooms and similar forms of public entertainment or play, but does not include facilities where the public may play card games.

Amusement facility (outdoor) means a facility where the public may engage in entertainment or games where any portion of the activity takes place outside of a building, including golf driving ranges, archery ranges, batting cages or miniature golf courses. This definition excludes a facility for the shooting sports or any activity involving the use of firearms. It does not include a stadium or amphitheater.

Amusement park means an outdoor commercial facility that may include structures or buildings where there are various devices for entertainment including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment, sports, games including baseball diamonds, football stadiums, auto sports complexes, and outdoor amphitheaters.

Animal hospital (with outside runs) means a facility where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. Animal pens and runs are located outside or are located in such a manner that permits sound generated by the animals to be heard outside the buildings on the premises.

Animal hospital (without outside runs) means a facility where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. Animal pens and runs are located entirely within fully enclosed buildings designed and constructed to prevent sound generated by the animals to be heard outside of the buildings on the premises.

Animal husbandry means the raising of domesticated farm animals including dairy cows, beef cattle, horse, ponies, mules, llamas, goats, and sheep when their primary source of food, other than during the winter months, is from grazing in the pasture where they are kept.

Animal shelter means a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. This definition also includes a facility owned by a political subdivision of the Commonwealth of Virginia.

Antique shop means a facility primarily used for the display and sale of art, furniture, or decorative objects, which were created or manufactured in a period more than twenty-five years earlier.

Apartment means an apartment, apartment dwelling unit, or portion of a house or home which is an enclosed space consisting of one or more rooms occupying all or part of one or more floors in a building or buildings of one or more floors or stories regardless of whether it be designed or used for residence, for office, for the operation of any industry or business, or for any other type of independent use, or combination of uses, and shall include such accessories as may be appurtenant thereto, such as garage space, storage space, balcony, terrace and patio. Provided that the apartment has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare and that it has not been lawfully submitted to the Virginia Condominium Act by the recordation of condominium instruments pursuant to the provisions of that Act.

Apartment house means a structure containing three or more apartments.

Approach, transitional, horizontal and conical zones means zones which apply to the area under the approach, transitional, horizontal and conical surfaces defined in the FAA regulations which apply to the type of facility involved.

Asphalt mixing plant means a facility where components are combined to manufacture asphalt which is then transported off-site.

Assembly means the use of a building and/or associated land area where various components of a product are fitted together to create a complete machine, structure, or unit of a machine.

Assembly of goods from finished components. See assembly.

Assembly hall, club, lodge means a building or portion of a building primarily used for the public or membership groups to gather for civic, educational, political, religious, or social purposes.

Automobile means a self-propelled, free-moving vehicle with four or more wheels primarily for conveyance on a street or roadway.

Automobile bodywork and painting means a facility that provides collision and other damage repair services for automobiles and light trucks, including body frame straightening, replacement of damaged parts, and painting.

Automobile fueling station means a facility or portion of property where flammable or combustible liquids or gases used as fuels (including alternative fuels such as ethanol, biodiesel, natural gas, or hydrogen), are stored and dispensed by either the customer or an employee of the business or both from fixed equipment into the fuel tanks of motor vehicles. Accessory activities may include sales of vehicle lubricants and fluids for customer use, car wash service, convenience and food sales, but not automotive repair and/or maintenance.

Automobile retail parts sales means a facility primarily used for the sale of new and used auto parts and which does not incorporate any outside storage of automobiles or any associated components.

Automobile service station, automobile repair services, and garage means a facility engaged in furnishing automotive repairs, including general repairs, machine shops, vulcanizing shops, radiator repair shops, and engine and transmission repair shops. Such facilities may include minor bodywork and painting as a part of other operations. An automobile service station shall not include a public garage, body shop, or tractor-trailer service station. These facilities are not capable of major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles or trucks not in operating condition. Operations involving noise, glare, smoke, fumes, or other characteristics to an extent greater than normally found in automobile service stations fall outside this definition.

Automobile vehicle sales and service means a facility for the display and sale of new and/or used automobiles in full working order that generally includes light trucks, vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use.

Bank, financial institution means a facility primarily used for the custody, loan, or exchange of money; for the extension of credit; for facilitating the transmission of funds or for any financial institution transaction. The term shall also include credit unions, thrift savings institutions and similar facilities serving the same or similar purposes, but does not include pawn, consumer finance, payday loan, check cashing and similar establishments. The facility may or may not have a drive-up window.

Bar means a facility licensed by the Virginia Alcohol Beverage Control Board primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. Such facilities may have music, comedy and other entertainment as an ancillary part of operations. The term also includes drinking establishments and taverns. See also nightclub.

Barber and beauty shop means a facility primarily used for the practice of barbering and/or cosmetology with accessory uses such as tanning booths, pedicures, or similar services.

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).

Basement means a story partly underground having more than one-half of its height above ground. A basement shall be counted as a story for the purpose of height regulations. See cellar.

Bed and breakfast means a single-family dwelling in which the principal use is permanent residential quarters in which the owner or operator lives; and in which, as an accessory use, for compensation, meals and overnight accommodations are provided for guests staying less than 30 days. The term also includes a tourist home stay establishment.

Bicycle sales and service means a facility primarily used for the retail sale of human powered vehicles and accessories thereto. It also includes the assembly and repair of such vehicles and installation of accessories and the retail sale of clothing and equipment for the operators of such vehicles.

Block means that property fronting on one side of a street or road lying between two intersecting streets or roads or otherwise limited by a railroad right-of-way, a live stream, or unsubdivided tract or physical barriers of such nature as to interrupt the continuity of the development.

Board means the board of zoning appeals of the county.

Boardinghouse means a dwelling or part of a dwelling where, for compensation, lodging and meals are provided for at least three and for not more than 14 persons.

Boat dock, commercial means the combination of piers, however supported, and the water immediately between and surrounding those piers which is constructed upon the water of a lake, river, or stream for the use of more than one person for the mooring of boats or as a landing place for marine transport in exchange for compensation.

Boat dock, individual means the combination of piers, however supported, and the water immediately between and surrounding those piers which is constructed for personal use upon the water of a lake, river, or stream, and that serves a single user or property owner for mooring boats or as a landing place for marine transport.

Boat launch ramp means a facility where a person may launch and retrieve recreational boats, typically from a trailer. Ramps may be limited to the hand launching of canoes or other small boats. Ramps may have breakwater protection from large waves, a courtesy pier to assist in launching, toilets, refuse containers, lighting, telephones, and parking lots,

Boat parts or accessories sales means a facility for the retail sale, service, or rental of accessory items primarily for use on boats and ships, but excludes uses in which fuel for boats and ships is the primary item sold.

Boat sales and service means a facility with its associated display and storage areas primarily used for the retail sale of boats and watercraft. This facility may include the sale of accessory marine equipment. The facility also may include any watercraft preparation or repair work conducted as an accessory use. This definition excludes uses in which fuel for boats and ships is the primary item sold.

Boatbuilding, boat yard means a facility that provides such facilities as are customary and necessary to the construction, reconstruction, repair, or maintenance of boats, marine engines, or marine equipment. This definition includes the accessory sale of supplies, or services of all kinds, including but not limited to the rental of covered or uncovered boat slips, dock space, or enclosed dry storage space, as well as lifting or launching services. The term includes marinas and boat liveries.

Boatel means a facility containing guest rooms or dwelling units that are designed, used, or intended to be used, wholly or in part, for the accommodation of transient boats or tourists, and which is located near by or abutting a river, lake, or ocean.

Book, card shop means a retail establishment that, as its primary business, engages in the sale, rental, or other charge-for-use of books, magazines, newspapers, greeting cards, postcards, videotapes, DVD's, computer software, or any other printed or electronically conveyed information or media, excluding any "adult bookstore" or "adult use" or theater of any type.

Brewpub means a restaurant that also as an accessory use prepares handcrafted natural beer (malt beverages with alcohol content as defined by federal or Virginia law) intended for consumption on the premises. Indoor live entertainment may be offered as a part of normal business operations.

Brick manufacture. See manufacture and/or manufacturing.

Broadcasting studios. See studio.

Buildable area means the area of that part of the lot not included within the yards or open spaces required by this chapter.

Buildable width means the width of that part of the lot not included within the open spaces required by this chapter.

Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, and property of any kind. The term "building" or "structure" includes its parts, and the term "building" includes the term "structure."

Building, completely enclosed means any building having no outside openings other than ordinary doors, windows and ventilators.

Building coverage (lot coverage) means that percentage of a lot which when viewed from above would be covered by a structure or structures and any part thereof, excluding roof eaves.

Building, height of means the vertical distance from the average established curve grade or from the average level of the finished grade at the front building line, if higher, 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.

Building line means the line created where the building makes contact with the finished grade level. Building height is measured in a perpendicular direction from this line.

Building, main means the principal building 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.

Building supply and lumber store means a facility selling or renting building materials and supplies, construction equipment, tools, lumber, hardware, or home decorating fixtures and accessories. This term includes establishments selling to the general public at retail paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies, lumber, and other building materials such as brick, tile, cement, insulation, plumbing, roofing materials, and electrical goods, even if contractor sales account for a major proportion of total sales. No item may be manufactured or fabricated on site; however this shall not preclude services provided to customers such as cutting lumber to customer-specified sizes, cutting and bending conduits, making keys, sharpening saws and bits, and similar services. Such establishments may include outdoor storage except where excluded by a specific zoning district. The term includes a home improvement supply store and showroom.

Bus station/terminal means any facility for the transient parking of motor driven buses and the loading and unloading of passengers. The facility may include a structure for storing the buses between scheduled trips.

Business and professional offices means a building primarily used for conducting the affairs of a business, profession, service, industry, or government, and may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, and child-care facilities.

Cabinet, furniture manufacture. See manufacture and/or manufacturing.

Camper means any individual who occupies a campsite or otherwise assumes charge of or is placed in charge of a campsite.

Campground means a facility on which accommodations for temporary occupancy are located, or may be placed, including camping units and major recreational equipment, and which is primarily used for recreational purposes

Camping unit means any tent, travel trailer, cabin, lean-to, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation purposes.

Campsite means any plot of ground in a campground intended for the exclusive occupancy by a camping unit or units under the control of a camper.

Canopy means a detachable roof like cover supported from the ground or deck, floor or walls of a building for protection from sun and weather.

Car wash means a facility containing mechanical means for the washing and/or waxing of private automobiles, light trucks and vans, but not commercial vehicles or fleets.

Cellar means a story entirely underground or partly underground with at least one-half of its height below grade.

Cement, lime and gypsum manufacture. See manufacture and/or manufacturing.

Cemetery, columbarium means a facility for the interment of human or animal dead, above or below the ground, with or without the sale of lots.

Change of use means any use which substantially differs from the previous use of building or land.

Childcare center, day care center, preschool, nursery school means a child day program offered to (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care; or (ii) 11 or more children at any location.

Chimney means a structure containing one or more flues for drawing off emissions from stationary sources of combustion.

Civic center means a building or complex of buildings that house municipal offices and services and which may include cultural, recreational, athletic, convention and entertainment facilities owned and/or operated by a governmental agency.

Clinic or emergency care center means a facility where patients are admitted for examination or treatment by physicians, dentists, or other healthcare professionals, but those patients are not lodged overnight but rather are expected to return home or be transported to an infirmary or hospital.

Clothing store, retail means a facility where clothing is sold at retail, such as department stores, dry goods and shoe stores, and dress, hosiery, and millinery shops. Such facilities may include businesses that receive clothing on consignment or through donations, including used clothing offered for retail sale.

Club means buildings and facilities owned and operated by a corporation, association or persons for a social, educational, or recreational purpose but not primarily to render a service which is customarily carried on as a business. This includes community pools and recreational facilities.

Cluster homes means a group of dwellings for private and separate ownership similar to condominium development but buildings may or may not be connected; generally associated with planned unit developments.

Code official means the legally designated building authority of the county or his authorized representative.

Combat/tactical training facility means a commercial, open air facility that is designed to train in any combination of anti-terrorism, counter terrorism/force protection operation, and any mission simulation using military weapons which includes one or more of the following items:

• Outdoor firearms ranges utilizing automatic and or semiautomatic weapons.

• Combat training with real or simulated use of firearms or other military weapons system.

• Military tactical training area.

• Use of real or simulated high impact explosive devices.

• Use of mock/high impact firearms blast or simulated rocked propelled grenades.

• Unenclosed shoot house.

• Evasive driving courses with or without the use of real or simulated firearms.

This definition shall not apply to approved recreational firearms uses, and facilities operated by local, regional, state, or federal government agencies, in accordance with applicable Department of Defense standards for bona fide law enforcement safety and proficiency training activities as identified by the New Kent County Code.

Commercial greenhouse means a structure in which plants, vegetables, flowers and similar other materials are grown for sale.

Commerce park means a tract of land that has been planned, developed and operated as an integrated facility for a number of individual offices and office buildings, industrial facilities, distribution and storage warehouses, and related accessory and ancillary uses, and where traffic/pedestrian circulation, parking, utility needs, open space, aesthetics and use compatibility have been specifically addressed through the site plan process.

Commission means the planning commission of the county.

Common area means all land within a subdivision or townhouse development excluding public streets and rights-of-way and private lots held either by the owner/developer or an individual nonprofit corporate owner whose members shall be all property owners within the subdivision or townhouse development.

Communications facility means a facility, including towers, where the principal use is to provide communication services whether by wire or radio, either aurally or visually, including radio, telephone and television broadcasting and the exchange or recording of messages.

Community center means a facility owned and operated by a governmental agency or duly constituted property owners association to provide a community service to the public or a specific subset of the public, such as a particular neighborhood or community on a non-commercial basis.

Community facility means a building or structure owned and operated by a governmental agency to provide a governmental service to the public.

Commuter parking means a parking lot designed for use by drivers to leave their cars for a period of time when commuting to and from a place of employment.

Compost means a stabilized organic product produced by a controlled aerobic decomposition process in such a manner that the product can be handled, stored, and/or applied to the land without adversely affecting public health or the environment. Composted sludge shall be as specified in 12 VAC 5-581-630.

Composting means the manipulation of the natural aerobic process of decomposition of organic materials to increase the rate of decomposition.

Computer and data processing center and services means a facility primarily used for the processing of orders, claims, and similar activities or engineering of software and data management systems, including telemarketing or electronic or digital marketing communications.

Computer retail sales and service means a retail facility primarily engaged in the sale of personal computers, peripherals, and digital devices and includes the custom assembly of computers using pre-manufactured parts.

Conditional use means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this chapter and as established by the board of supervisors.

Conditional use permit means a written permit issued by the proper authority stating that the conditional use meets all conditions required by this chapter.

Condominium means real property, and any incidents thereto or interests therein, lawfully submitted to the Virginia Condominium Act by the recordation of condominium instruments pursuant to the provisions of that Act. No project shall be deemed a condominium within the meaning of the Condominium Act unless the undivided interests in the common elements are vested in the unit owners.

Condominium unit means a unit together with the undivided interest in the common elements appertaining to that unit.

Conference center means a facility used for conferences and seminars, which may include accommodations for sleeping, food preparation and eating, indoor and outdoor recreation, resource facilities, and meeting rooms.

Conservation area means an area for the conservation of natural habitat.

Construction debris landfill means a facility regulated by the Commonwealth of Virginia and engineered, constructed and operated to contain and isolate construction waste, demolition waste, debris waste, or combinations of the above solid wastes.

Construction trailer or portable building/office means a structure without any foundation or footing and removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Construction waste means solid waste which is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings, and other structures. Construction wastes include, but are not limited to lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, paving materials, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids and garbage are not construction wastes. Vegetative wastes are not construction wastes.

Contractor office or shop with outdoor storage means a facility which a contractor customarily uses for the fabrication, assembly or repair of materials or equipment, storage of supplies, materials or equipment, or places for vehicular and equipment storage. Storage of equipment and materials occurs within buildings or associated land area or both.

Contractor office or shop without outdoor storage means a facility which a contractor customarily uses for the fabrication, assembly, or repair of materials or equipment; storage of supplies, materials, or equipment; or for vehicle and equipment storage. All storage of equipment and materials on the premises occurs within one or more fully enclosed buildings.

Contractor storage means a building and/or associated land area primarily used for a contractor's office and storage of associated equipment and materials. Storage of all equipment and materials must be screened from adjoining properties and public rights-of-way.

Convenience store means any retail establishment offering for sale a limited selection and quantity of prepackaged food products, delicatessen or fast-food items, household items and other goods commonly associated with the same. Such stores may also have self-serve pumps for the dispensing of fuel into motor vehicles and car wash facilities. The term shall not include truck stops nor any activity commonly associated with truck stops such as storing, maintaining, or parking trucks and other commercial vehicles overnight.

Copy center means a facility for the reproduction and copying of printed or digital materials or drawings. This does not include sign shops, off-set printing establishments, or similar large-scale operations.

Correctional facility means any jail, jail farm, or other place used for the detention or incarceration of adult offenders, excluding a lock-up as defined by § 53.1-1, Code of Virginia, 1950, as amended, and which is owned, maintained or operated by any political subdivision or combination of political subdivisions of the Commonwealth.

Court means an open space which may or may not have direct street access and around which is arranged a single building or a group of related buildings.

Cul-de-sac means the turnaround at the end of a dead-end street.

Dairy means a commercial establishment for the manufacture and sale chiefly of milk and milk products.

Dance and music studios. See studio.

Daycare center/day nursery. See childcare center, day care center, preschool, nursery school.

Density means the number of families, individuals, dwelling units or housing units per unit of land.

Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, or storage of equipment or materials.

Development standard means regulations which limit the size, bulk or siting conditions of particular types of buildings or uses located within any designated district or permitted as conditional uses.

Distillation of ethanol from grain means the process of producing ethanol from the fermentation of grain.

Distillery means a facility where alcoholic liquors are distilled or manufactured with alcohol content as defined by federal or Virginia law, and distribution either retail or wholesale or both, for consumption on or off premise, with a capacity measured in barrels per year that does not exceed federal or Virginia regulatory requirements for such facilities.

Distribution center means a building primarily used for the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle.

District means areas established by this chapter under the provisions of Code of Virginia, § 15.2-2280.

Driveway means a private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

Drugstore/pharmacy means a facility primarily used for the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

Dry cleaner means a facility where clothes and other articles are cleaned through chemical processes.

Dry cleaning outlet means a facility primarily used for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any equipment or machinery on the premises.

Dump means a land site used primarily for the disposal by dumping, aerial burning or other means for whatever purposes of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or part thereof, and other waste, scrap, or discarded material of any kind.

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy but not including boats, trailers, mobile homes, motor homes, hotels, motels, motor lodges, tourist courts, or tourist homes.

Dwelling, modular means a single-family dwelling which is constructed in units which are movable but not designed for regular transportation on highways and designed to be constructed on a permanent foundation.

Dwelling, multifamily means a structure arranged or designed to be occupied exclusively by three or more families living independently of each other.

Dwelling, semidetached means two single-family dwellings attached by a common vertical wall without openings between them and with separate entrances for each dwelling unit.

Dwelling, single-family means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.

Dwelling, single-family attached means a row or combination of at least two (2) one-family dwelling units, with each unit having a separate outside access, each unit separated from any other unit by one or more common fire-resistant walls without openings between the units, and with each unit located on its own lot.

Dwelling, single-family detached means a dwelling unit that is surrounded on all sides by yards or other open spaces located on the same lot and which is not attached to any other principal dwelling unit by any means and does not share its utility systems (i.e., hot water heater, heating system, cooling system) with any other dwelling unit.

Dwelling, two-family means a structure arranged or designed to be occupied by two families, the structure having only two dwelling units.

Dwelling unit means one or more rooms in a dwelling designed for living or sleeping purposes and having at least one kitchen.

Educational institution means a college or university authorized by the Commonwealth to award degrees or certificates.

Electrical and electronic device manufacture and assembly. See manufacture and/or manufacturing.

Equestrian facility means a facility designed and intended for the showing of equestrian skills and used to host events including, but not limited to, rodeos, show jumping, cross country horse races, and other disciplines in horsemanship. Such facilities may be open to the public and may include such structures as riding rings, bleachers, stables, tack rooms, veterinarian/medical facilities, and concession stands.

Existing use means the use of a lot or structure at the time of enactment of the applicable provisions of this chapter.

Extended care facility. See nursing, convalescent, or rest home.

Exterior wall means any wall which defines the exterior boundaries of a building or structure.

Facility means the combination of real property (land and the buildings on that land) and the personal property within, that allows, permits, or otherwise performs a particular land use.

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, lodging house, tourist home or hotel. The term shall include unrelated persons occupying single dwelling units, if the number of such unrelated persons does not exceed four.

Farm means a parcel of land used for agriculture.

Farm equipment sales. See agricultural equipment sales and service.

Farm structures mean any building or structure used for agricultural purposes.

Farmers market means a facility where farmers or other people who are engaged in truck farming gather regularly for selling produce, goods, and crafts produced at their farms. The sale of raw seafood is included in this definition.

Feed and seed store means a facility engaged in the retail sale of supplies related to the day-to-day activities of agricultural uses.

Feed lot means a relatively small confined land area for fattening cattle or holding temporarily for shipment.

Flood means a general and temporary inundation on normally dry land areas.

Floodplain means:

(1)

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;

(2)

An area subject to the unusual and rapid accumulation of runoff of surface water from any source.

Flood prone area means any land area susceptible to being inundated by water from any source.

Floodway means the designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.

Floor area means:

(1)

Commercial, business, and industrial buildings or buildings containing mixed uses. The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior wall or from the centerline of walls separating two buildings, but not including:

a.

Attic space providing head room of less than seven feet;

b.

Basement or cellar space not used daily;

c.

Uncovered steps or fire escapes;

d.

Accessory water towers;

e.

Accessory off-street parking spaces; and

f.

Accessory off-street loading spaces.

(2)

Residential buildings. The sum of the gross horizontal areas of the several floors of a dwelling exclusive of garages, basements, cellars and open porches measured from the exterior faces of the exterior walls.

Floor area, finished means that area that is so completed as to be in conformity with the conditions of the main living area but not necessarily utilizing the same building material.

Floor area, livable means floor area designed for year-round family living enclosed or protected from the weather but not intended for storage or similar uses and not including garages, carports, cellars, basements, attics, open porches, atriums, patios and breezeways. Basement space may be included as livable floor area when designed as a family room, game room or similar use with an exposed outside wall containing windows or doors.

Florist shop means a facility primarily used for the selling of plants, which are not grown on the site, and conducting business within an enclosed building.

Flour, feed mill means a facility primarily used to grind grain into flour or feed for a fee.

Forestry means the operation of timber tracts, tree farms, forest nurseries, or the gathering of forest products under a forest management plan approved by the State Forester.

Freight terminal means a facility with the capability of handling a large variety of goods involving various forms of transportation and providing multimodal shipping capabilities, such as rail to truck and truck to air.

Frontage. See lot frontage.

Funeral home means a facility primarily used for human funeral services. Such a facility may contain space and equipment for embalming and the performance of other services used in the preparation of the human dead for burial; the performance of autopsies and other surgical procedures associated with preparing human bodies for burial; the storage of caskets, funeral urns, and other related funeral supplies; the storage of funeral vehicles and facilities for cremation. The term shall include funeral parlor and funeral chapel.

Game preserve means a land area that promotes the breeding of game and/or upon which hunting privileges have been granted.

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 an accessory. On a lot occupied by a multiple unit dwelling, the private garage may be designed and used for the storage of 1 1/2 times as many automobiles as there are dwelling units.

Garage, public means a building or its portion, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles.

Garden apartment means a multistory building with one or more separate and individual apartments found in each story.

Gift, record, and tobacco shop means a facility where specialty items such as art, reproduction antiques, T-shirts and other clothing, jewelry, recorded music and videos, books, tobacco products and accessories, stationary, and/or notions are sold at retail. Such enterprises typically have relatively limited product lines as compared to a department store with broader product offerings and choices. The term shall include variety stores.

Golf course means any course, publicly or privately owned, on which the game of golf is played including accessory uses such as restaurants, snack shops, and pro shops, 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.

Government office means any room, clinic, suite or building wherein the primary use is to conduct local, state, federal agency or any other sub-unit of government business including accounting, correspondence, editing, enforcement, research, administration, analysis or maintenance operations. Included within this definition shall be the health department, social services department, school board administration and other similar functions and agencies.

Grade means grade or grade elevation shall be determined by averaging the elevations of the finished ground adjacent to all the corners and/or other principal parts in the perimeter wall of the building.

Grain elevator means a building primarily used for elevating, storing, discharging and processing grain.

Grain storage. See agricultural building.

Gravel pit/borrow pit means an open land area where sand, earth, gravel or rock fragments are mined or extracted for sale of off-tract use.

Greenbelt means a strip of land planted with evergreen trees, established to protect one type of land use from another with which it may be incompatible.

Greenhouse means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

Grocery store, retail. See retail stores and shops.

Group care residential facility for less than or equal to eight (8) residents means a facility in which no more than eight (8) mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons. For the purposes of this subsection, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in §54.1-3401 of the Virginia Code, 1950, as amended.

Group care residential facility greater than or equal to eight (8) residents means a facility in which more than eight (8) mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons. For the purposes of this subsection, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in §54.1-3401 of the Virginia Code, 1950, as amended.

Guesthouse means living quarters with an attached accessory building located on the same premises with the main dwelling for use by guests of the occupants of the premises and not rented or otherwise used as a separate dwelling.

Handcrafted goods, traditional crafts means a facility that produces for sale on the premises articles of artistic quality or using handmade workmanship. Examples include candle making, glass blowing, weaving, pottery making, woodworking, blacksmithing, tinsmithing, metalworking, leather and bead work, coopering, sculpting, painting, stenciling, and other similar goods, crafts and activities.

Hardware store means a facility primarily used for the retail sale of various basic hardware lines such as tools, builder's hardware, plumbing, electrical supplies, paint, and glass; may also include limited availability of lumber, house wares, household appliances, and garden supplies. Hardware stores do not have outdoor storage of lumber, building materials, or equipment. However, these facilities may display merchandise for sale outdoors.

Hazardous waste means a solid waste or combination of solid waste which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Health and fitness center means a facility that contains equipment for the purpose of physical exercise.

Health director means the legally designated health authority of the county or his authorized representative.

Heliport means a facility combining a helipad with auxiliary facilities such as aircraft fueling, maintenance equipment, automobile parking, and a waiting room.

Heliport primary surface means the area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport (runway). This surface is a horizontal plane at the elevation of the established heliport elevation.

Higher education institution means a college or university authorized by the Commonwealth to award degrees or certificates.

Historic area means an area or district established by the board of supervisors under the provisions of Code of Virginia, § 15.2-2306.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register of Historic Places;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Historical horse racing means a form of horse racing that creates pari-mutuel pools from wagers placed on previously conducted horse races and is hosted at (i) a racetrack owned or operated by a significant infrastructure limited licensee or (ii) a satellite facility that is owned or operated by (a) a significant infrastructure limited licensee or (b) the nonprofit industry stakeholder organization recognized by the commission and licensed to own or operate such satellite facility.

Home appliance sales and service means a facility primarily used for the retail sale and service of home appliances such as washers, dryers, microwave ovens, stoves, and similar equipment and where all sales, display, repairs, and storage occur within a fully enclosed building.

Home garden means a garden for the production of vegetables, fruits, and flowers generally for use and/or consumption by the occupants of the premises.

Home occupation means an activity carried out for gain by a resident of the dwelling unit as an accessory and subordinate use to the residential use, which activity is carried on within the resident's dwelling unit unless otherwise specifically provided.

Horse means a solid-hoofed mammal of the family Equidae.

Horse racing means a competition on a set course involving a race between horses on which pari-mutuel wagering is permitted and includes historical horse racing.

Horse racing track means a facility used for the racing of horses on a set course, involving a race between horses on which pari-mutuel wagering is permitted, with accessory uses including, stables, animal hospitals and temporary housing facilities used by persons participating in race track meetings, fairs or other exhibitions, but such housing facilities shall not be available for use or rental to the general public, nor may they be utilized for permanent occupancy.

Hospital or medical center facility means any facility licensed pursuant § 32.1-123, Code of Virginia, 1950, as amended, in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals.

Hotel, motel means a facility offering the general public transient lodging accommodations for compensation and assigning rooms through a lobby or office supervised by a person in charge at all times. A hotel or motel excludes the keeping of boarders or roomers in a multiple-family dwelling as that term is separately defined in this section. As accessory uses, a hotel or motel may include restaurants, taverns or club rooms, public banquet and conference halls, ballrooms, recreation and fitness facilities and meeting rooms. This term also includes a motor court, tourist court, and motor lodge.

Household furniture/furnishings sales means a facility primarily used for the retail sale and service of home furniture and furnishings, such as sofas, chairs, tables, lamps, artwork, rugs and carpets and where all sales, display, repairs, and storage occur within a fully enclosed building.

Hunt club means a facility used or operated by a private or public club, organized to pursue game or other animals that may include facilities to house and care for dogs or a shooting range.

Industrial park means a tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.

Industrial supply store means a facility primarily engaged in the sale of machinery, tools, equipment, or supplies relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods for mineral extraction by another enterprise.

Inn means a multiple-unit building or buildings, where overnight lodging and meals are provided by prearrangement for compensation and in which entrance to bedrooms is made through a lobby or other common room. Meals include, at least one of the following, breakfast, lunch, and dinner that are served exclusively, or nearly exclusively, to guests who are provided overnight lodging. The term includes guest house, lodging house, tourist home and tourist house.

Intensive dairy facility means a dairy operation with accessory uses or structures, which at any one time has at least an equivalent of 300 animal units as referenced in the intensive animal operations table below and where:

(1)

Each such animal is or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and

(2)

Crops vegetation, forage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility.

Intensive livestock facility means a livestock operation with accessory uses or structures, which at any one time has at least an equivalent of 300 animal units as referenced in the intensive animal operations table below and where:

(1)

Each such animal is or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and

(2)

Crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility.

Intensive poultry facility means a poultry operation with accessory uses or structures, which at any one time has at least an equivalent of 300 animal units as referenced in the intensive animal operations table below and where:

(1)

Each such animal is or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and

(2)

Crops, vegetation, foliage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility.

Type of Facility	Equivalent of 300 animal units
Livestock	300 slaughter and feeder cattle
Livestock	750 swine each weighing over 55 pounds
Livestock	150 horses
Livestock	3000 sheep or lambs
Dairy	200 mature dairy cattle (whether milked or dry cows)
Poultry	16,500 turkeys
Poultry	30,000 laying hens or broilers

 

Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

State Law reference— Similar provisions, Code of Virginia, § 33.1-348.

Junkyard means 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 shall include garbage dumps and sanitary fills. The term shall also include automobile grave yards.

State Law reference— Similar provisions, Code of Virginia, § 33.1-348.

Kennel, commercial means a facility in which canines, felines, or hybrids within either species are not owned by the owner of the property, but are kept for compensation for the purpose(s) of breeding, hunting, training, renting, buying, boarding, selling, or showing.

Laboratory (testing, medical, scientific, pharmaceutical) means a facility used for the scientific or medical analysis of natural resources, medical specimens, or manufactured materials. This category includes environmental laboratories for the analysis of air, water, and soil; medical and veterinary laboratories; and forensic laboratories for analysis of evidence in the support of law enforcement.

Laundromat means a facility providing washing, drying, or dry cleaning machines on the premises for rent to or use by the general public for laundering or dry cleaning purposes.

Laundry means a building or part of a building, other than a laundromat, where clothes and other articles are washed, dried and ironed.

Library means a facility primarily used for the storage, lending and borrowing, but not the sale, of literary, musical, artistic, or reference materials.

Livestock means all domestic or domesticated bovine animals including, but not limited to cattle; equine animals including, but not limited to, horses; ovine animals including, but not limited to, sheep; porcine animals including, but not limited to, hogs.

Livestock, dairy, poultry structure means any building, structure, installation, storage, container, or storage site used in the operation of an intensive livestock, dairy or poultry facility including, but not limited to, feed storage bins, litter storage sites, incinerators, manure storage sites, poultry houses, poultry disposal pits, and dead poultry cold storage chests.

Livestock market means a commercial establishment wherein livestock is collected for sale and auctioned off.

Livestock raiser, dairy operator, poultry grower (operator) means the owner or operator of the livestock, dairy or poultry facility including, but not limited to, feed storage bins, litter storage sites, incinerators, manure storage sites, poultry houses, poultry disposal pits, and dead poultry cold storage chests.

Loading space means an off-street space or berth used for the loading or unloading of commercial vehicles.

Lot means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law to be used, developed or built upon as a unit. Such lot may consist of a single lot of record or a part or combination of one or more lots of record as provided in this section.

Lot area means the total area within the lot lines of a lot, excluding any street rights-of-way.

Lot, corner means a lot or parcel of land that at the time of recordation abuts upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. A reverse corner lot is a corner lot that is turned with reference to an adjoining lot to front on another street. The front of such corner lot shall be deemed to be the shortest of the two sides fronting on such street.

Lot, depth of means the average distance between the front and rear lot lines.

Lot, double frontage/through means an interior lot fronting on two streets.

Lot frontage means the minimum width of a lot measured from one side lot line to the other along the ultimate street right-of-way line on which the lot fronts.

Lot, interior means a side or rear lot line that directly abuts an adjacent lot. This term shall not include lot lines that abut easements, rights-of-way, or private or public streets.

Lot line, front means the line separating the lot from a street on which it fronts.

Lot line, rear means the lot lines opposite and most distant from the front lot line.

Lot line, side means any lot line other than a front or rear lot line.

Lot of record means a lot which exists as shown or described on a plat or deed in the records of the clerk's office of the county circuit court.

Lot width means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

Machine sales and indoor service means a facility primarily used for the sales and service of power and rotary equipment. Power equipment includes the following types of items; lawn mowers, chain saws, power washers, generators, and similar types of equipment and where all sales, display, repairs, and storage occur within a fully enclosed building.

Machine shop means a facility in which metal and other substances are cut, shaped, etc., by machine tools.

Mailing services center means a facility in which a commercial enterprise primarily conducts the retail sale of stationery products, provides packaging and mail services (inclusive of both U.S. Postal Service and private shipping services), and provides mailboxes for lease.

Main and principal are synonymous.

Main building. See building, main.

Manufacture and/or manufacturing means the processing and/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, including the assembling of component parts, the manufacturing of products, and the blending of materials.

Manufactured home means a structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.

Manufactured home lot means a parcel of land within the boundaries of a manufactured home park provided for the placement of a single manufactured home and the exclusive use of its occupants.

Manufactured home parks means a parcel of land under single or common ownership upon which ten or more manufactured homes are located on a continual, non-recreational basis together with any structure, equipment, road or facility intended for use incidental to the occupancy of the manufactured homes, but shall not include premises used solely for storage or display of uninhabited manufactured homes, or premises occupied solely by a landowner and members of his family.

Manufactured home sales mean a facility for the display, sale, or lease of new manufactured housing or other transportable modular buildings.

Marina means a facility for storing, servicing, fueling, berthing, and securing pleasure boats, and which may include eating, sleeping and retail facilities for owners, crews and guests, as accessory uses. Marinas may include in-water berths or slips that are covered or uncovered; dry berths or slips for boat storage, 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.

Marina, commercial means a marina intended for principal use by someone other than the owner or resident of the lot in exchange for compensation.

Marina, private means a marina intended for use by the owner or resident of the lot on which the facility sits without compensation.

Meat, poultry, fish processing means a facility in which meat, poultry, and fish are processed or otherwise prepared for eventual human or animal consumption, but is not consumed on the premises.

Medical waste means waste that meets either of the two criteria of this section:

(1)

Any solid waste, as defined in this chapter is a regulated medical waste if it is suspected by the health care professional in charge of being capable of producing an infectious disease in humans. A solid waste shall be considered to be capable of producing an infectious disease if it has been or is likely to have been contaminated by an organism likely to be pathogenic to healthy humans, such organism is not routinely and freely available in the community, and if such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. If the exact cause of a patient's illness is unknown, but the health care professional in charge suspects a contagious disease is the cause, the likelihood of pathogen transmission shall be assessed based on the pathogen suspected of being the cause of the illness.

(2)

Any solid waste that is not excluded from regulation is a regulated medical waste if it is listed in 9 VAC 20-120-150, as that section may be amended from time to time.

Micro-brewery means a facility for the production and packaging of malt beverages with alcohol content as defined by federal or Virginia law, and distribution, either retail or wholesale or both, for consumption on or off premise, with a capacity measured in barrels per year that does not exceed federal or Virginia regulatory requirements for such facilities. The establishment may include accessory uses such as a sit down restaurant, bar or live entertainment.

Miniature golf means a theme oriented building and/or land area, typically comprised of nine or 18 putting greens, each with a "cup" or "hole," where patrons in groups of one to four pay a fee to move in consecutive order from the first hole to the last. Often other indoor recreational uses are associated with this type of facility.

Mining means the extraction of minerals including solids such as coal and ores, liquids such as crude petroleum and gases such as natural gases. The term also includes quarrying, well operations, milling such as crushing, screening, washing and floatation and other preparation customarily done at the mine site or as part of a mining activity.

Mini-storage warehouse means a building or series of buildings composed of various sized self-contained storage areas primarily used for self-service storage. These self-contained storage areas are independent, fully enclosed bays that are leased to individuals for long-term storage of their household goods or personal property or to businesses for storage of seasonal inventory and business personal property.

Mini-supermarket means a facility primarily selling food, as well as other convenience and household goods at retail and which occupies less than 10,000 square feet of gross floor area. Mini-supermarkets are distinguished from convenience stores by having broader product lines of fresh and other foods for which further preparation is required; also, such enterprises are without gas pumps.

Mobile home means a moveable home on a permanent chassis built to individual state "industrialized state building codes" prior to the enactment in 1976 of HUD regulations implementing the National Manufactured Housing Construction and Safety Standards Act, adopted by Congress in 1974, of which the minimum size is ten feet by 30 feet, or 300 square feet.

Mobile Home Park means any parcel of land upon which two or more mobile homes, occupied for dwelling or sleeping purposes are located, or which is held out for the location of any such mobile home.

Mobile home sales mean a building and/or associated land area for the display, sale, or lease of new mobile homes, manufactured housing, or modular housing.

Modular home. See dwelling, modular.

Monumental stone work means a facility for the processing of stone into various monumental and artistic products.

Motor vehicle rental means a business facilitating the rental of any self-propelled vehicle designed primarily for the transportation of persons or goods along public streets or alleys, or other public ways.

Municipal solid waste landfill means any private or public area operated for the purpose of disposing of solid waste or putrescible waste in the county, not including transfer stations or convenience centers.

New construction means for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

Nightclub means an entertainment establishment that may or may not offer alcoholic beverages at a bar or tables and which may also include a dance floor or periodic live entertainment and which is open for business after 11:00 p.m.

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 the ordinance from which this chapter is derived or as a result of subsequent amendments to such ordinance or this chapter.

Nonconforming sign means any sign lawfully existing on the effective date of the ordinance from which this chapter is derived or an amendment to such ordinance or this chapter which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

Nonconforming structure means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the ordinance from which this chapter is derived or this chapter but which fails by reason of such adoption, revision or amendment to conform to the present requirements of this chapter.

Nonconforming use means a use of part or all of a building or other structure or a use of land which was lawful prior to the adoption, revision or amendment of the ordinance from which this chapter is derived or this chapter but which fails by reason of such adoption, revision or amendment to conform to the present requirements of this chapter.

Non-precision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in, non-precision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.

Nuclear material means radioactive material, source material such as thorium or ores containing uranium or thorium; and by product material such as nuclear fuel rods which is made radioactive by exposure to the radiation incident to the process of producing or using special nuclear materials.

Nuclear waste means any waste that results from using radioactive materials for purposes that include electricity production by nuclear power plants, defense activities and nuclear weapons manufacture, medical treatment, nuclear research, industrial processes, and mining and milling of uranium ore.

Nursery school. See childcare center, day care center, preschool, nursery school.

Nursing, convalescent, or rest home means any facility, or any identifiable component of any facility, licensed under § 32.1-123 et seq., of the Code of Virginia, 1950, as amended, and in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more non-related individuals.

Office/construction trailer storage yard means a lot or portion of a lot or parcel used to store and maintain office and construction trailers.

Office park means a development that contains a number of separate office buildings, supporting uses, and open space designed, planned, constructed, and managed on an integrated and coordinated basis.

Off-street parking area means space provided for vehicular parking outside the dedicated street right-of way.

Open space means any parcel or area of land or water set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of a land adjoining or neighboring such open space.

Orchard means a land area on which fruit or nut trees are planted and cultivated.

Outbuilding means a separate accessory building or structure not physically connected to the principal building.

Outdoor storage means the keeping in an unroofed area of any goods, junk, materials, merchandise, or vehicles in the same place for more than 24 hours.

Paint pellet competitive games means an event operated on a commercial basis where individuals are divided into teams for the purpose of shooting paint pellets at each other to determine a winner. These events are strictly a recreational sport and not a training exercise.

Park means a public or private open space designed for the use of residents of a neighborhood or community for passive or active recreation or for conservation, educational, cultural, or aesthetic purposes and which is not to be designed or used for commercial or business purposes.

Parking lot, public means a facility containing one or more parking spaces designed for use by and available to the public as an accommodation for patrons, customers, or employees either with or without charge.

Parking space means an all-weather surfaced area not in a street or alley and having an area of not less than 162 square feet and dimensions of at least nine feet by 18 feet, exclusive of driveways permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a surfaced driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.

Party wall means a common shared wall between two separate structures, buildings or dwelling units.

Permit means written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

Permitted use means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Personal service and hygiene establishment means a facility primarily engaged in the repair, care of, maintenance or customizing of personal items including laundering, cleaning and other garment services, tailors, diaper service, shoe repair and locker or clothing rentals or which offer personal hygiene services such as tanning, therapeutic massage, health and fitness, weight reduction, sauna and steam baths.

Pet stores, retail. See retail stores and shops.

Photography, dance, music studio means a facility providing photographic portraiture, instruction in dance, or instruction in music. Performances of limited scope and duration may occur in such facilities.

Pistol range means a facility designed for the purpose of providing a place open to the public on which to discharge firearms, not to exceed .45 caliber, with a barrel-length not to exceed 12 inches.

Place of worship means a facility that is designed and constructed, or is primarily used for, the conducting of religious services and accessory uses associated therewith. This term does not include any dwelling principally used as a residence, notwithstanding any incidental use for religious gatherings. This term includes churches, synagogues, mosques, etc.

Planned unit development means a development which may contain the following uses: single-family residences, apartments, townhouses, commercial and light industrial uses. Location of all uses shall be controlled in such a manner as to permit a variety of land uses in an orderly relationship to one another.

Plant nursery, garden center means a facility for the growth, display, and/or sale of plants, shrubs, trees, and accessory materials and equipment used in indoor and outdoor planting and landscaping.

Plumbing and electrical supply outlet means a facility primarily used for the retail sale of plumbing and/or electrical supplies, but may also include contractor sales as a part of the business operations.

Porch means a roofed open area which may be glazed or screened, attached to or part of and with direct access to or from a building.

Portable sawmill means a moveable sawmill located on a particular parcel of land for the processing of timber cut only from that parcel or from a parcel immediately adjacent thereto.

Precision instrument runway means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PA). It also means a runway for which a precision approach system is planned and is so indicated on an FAA approved airport layout plan; a military service's approved military airport layout plan; any other FAA planning document, or military service's military airport planning document.

Premises means a lot parcel, tract or plot of land together with the buildings and structures thereon.

Primary highway means a highway designated as a state primary highway or U.S. highway by the adopted comprehensive plan of the county or by the state department of transportation.

Primary surface means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of the runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulation (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Principal building. See building, main.

Principal use means the primary or predominate use of any lot.

Print or copy shop means a building primarily used for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, and facsimile sending and receiving, and including offset printing.

Printing plant means a facility for the printing, imprinting, reproducing, or duplicating of information using printing methods including, but not limited to, offset printing, lithography, web offset, flexography, and screen process printing.

Private club and lodge. See club, private.

Private school means any building or group of buildings the use of which meet state requirements for primary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.

Private yard means a single area adjacent to a dwelling unit maintained directly by the owner of the unit.

Professional office means a facility wherein the primary use is the conduct of a business by professionals including, but not limited to, engineers, architects, land surveyors, planners, artists, musicians, lawyers, accountants, real estate brokers, insurance agents.

Public access easement means any area through which ingress and egress is not restricted or limited to any individual occupant of the development or guest.

Public building means any building or structure held, used or controlled exclusively for public purposes by any department or branch of the Federal Government, Commonwealth of Virginia, or the New Kent County government under the direct authority of the Board of Supervisors, or the New Kent County School Board without reference to the ownership of the building or structures or the realty upon which it is situated.

Public sewer and water systems means any system other than an individual septic tank, tile field or individual well designed to furnish water on the premises where the well is located, that is operated by a municipality, governmental agency, or a public utility for the collection, treatment and disposal of waste and the furnishing of potable water. The term shall include all equipment and structures, all water and sewer mains, pipes, valves, pumping stations, and all other facilities, equipment and structures necessary for furnishing water and sewer.

Public utility facilities means telephone, electric and cable television lines, poles, equipment, structures, gas pipes, mains, valves, or structures, telephone exchanges and repeater stations and all other facilities, equipment and structures necessary for conducting a service by a government or public utility.

Putrescible waste means solid waste which contains organic material capable of being decomposed by micro-organisms and capable of causing odors.

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.

Recreational vehicle (RV) sales & service means a facility primarily engaged in the retail sale and repair of recreational vehicles.

Recycling center/plant means a facility primarily used for the collection, processing, and/or baling of recyclable materials for shipment to others who will use those materials to manufacture new products. This definition does not include junkyards or wrecking yards.

Regulations means the whole body of regulations, text, charts, tables, diagrams, maps, notations, references and symbols contained or referred to in this chapter.

Rental center means a facility primarily used for offering a variety of products for short or long-term leasing/rental. Such products may include household appliances, televisions, furniture, tables, chairs, party equipment, power equipment, and small-scale power equipment for use in a house and yard.

Rental unit means a dwelling unit intended for rental to transients on a day-to-day or week-to-week basis but not intended for or used as a permanent dwelling.

Required open space means any space required in any front, side or rear yard or that area required for open space/recreation within a development.

Research center means a building primarily used for research and development of processes and materials, which may include manufacturing, fabrication, and processing of various products and substances.

Residence means a home, abode or place where an individual is actually living at a specific point in time.

Residential facility means any group home or other residence for which the Department of Mental Health, Mental Retardation, and Substance Abuse Services is the licensing authority pursuant to the Code of Virginia, 1950, as amended.

Resource extraction means a facility for the on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operations, mining, and soil mining. Specifically excluded from this definition is the grading and removal of dirt associated with an approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use.

Rest home. See nursing, convalescent, or rest home.

Restaurant, drive-in means any fast food restaurant where food, soft drinks and other beverages, ice cream, and similar confections are sold to the public in such manner as to have the effect that they are primarily, but not necessarily exclusively, served and eaten in vehicles on the premises.

Restaurant, fast food means any restaurant whose principal business is the high volume 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. These restaurants are distinguished by the high rate at which customers enter and depart the facility.

Restaurant, sit-down means a restaurant, other than a fast-food restaurant, where food and drinks are prepared, served, and consumed primarily within the principal building. Sit-down restaurants may include outdoor dining areas where full or limited table service is provided.

Restaurant, with drive-in window means either a sit-down restaurant or a fast-food restaurant with the capacity to serve customers while they sit in their vehicles. The term "drive-in window" is construed broadly to mean a separate entrance from the street or parking area that vehicle borne customers use to order and/or pick up food for on or off-premises consumption.

Retail bakery means a facility primarily engaged in the retail sale of baked products for consumption off the premises. The products may be prepared either on or off site. Such use may include incidental food service such as sandwiches prepared using bread sold on the premises and catering from the site.

Retail establishment means a facility for the display, sale and rental of merchandise at retail and in small quantities. This includes commonly used goods and merchandise for personal or household use and the incidental rendering of personal services, but excludes those classified more specifically by definition. The term includes retail shop, retail store, retail sales and services.

Retail sales and services. See retail stores and shops.

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 lumberyards), such as the following which will serve as illustration: drugstore, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop. The term shall not include truck stops, nor shall the use permit any activity commonly associated with truck stops such as storing, maintaining or parking overnight trucks and other commercial vehicles.

Rooming house. See boardinghouse.

Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

Salvage yard, automobile graveyard means a facility for storing, keeping, selling, dismantling, shredding, compressing, or salvaging of scrap or discarded material or equipment.

Sanitary landfill means a disposal facility for solid waste or putrescible waste.

Sawmill means a facility for the processing of timber into lumber. The timber must have been obtained from another site for a facility to fall within the purview of this definition.

School means any building or part thereof which is designed, constructed, or used for educational instruction in any branch of knowledge.

School, public means any building or group of buildings, the use of which meets state requirements for primary or secondary education and which receives the major part of its funding through governmental agencies and which is under the control of the school board of the county.

School, trade or vocational means a school operated for the express purpose of giving its students the skills needed to perform a certain job or jobs.

Seasonal use means a use carried on for only part of the year such as outdoor swimming during the summer months or skiing during the winter months.

Secondary highway means a highway designated as a state secondary highway by the adopted comprehensive plan of the county or by the state department of transportation.

Senior housing means housing (i) provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or (ii) intended for, and solely occupied by, persons sixty-two years of age or older; or (iii) intended for, and solely occupied by, at least one person fifty-five years of age or older per unit.

Setback means the minimum distance by which any building or structure must be separated from the front lot line.

Shopping center means a group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, a unified aesthetic appearance, landscaping and signage in accordance with an approved plan of development and which may include one (1) or more "out parcels" under separate ownership or lease and containing complementary commercial enterprises.

Sign means any object, device, display or structure or its part 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, design, symbols, fixtures, colors, illumination or projected images.

Sign area means the entire face of a sign including the advertising surface and any framing trim or molding but not including the supporting structure.

Sign, business means a sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or to an entertainment offered on the premises where the sign is located.

Sign, church means a sign which identifies a religious institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of any individuals connected with it and general announcements of events or activities occurring at the institution or similar messages.

Sign, construction means a temporary sign or placard on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans and the owners, financial supporters, sponsors and similar individuals or firms having a role or interest with respect to the structure or project.

Sign, directional, off-site means a sign directing attention to premises other than the premises where the sign is located with its content limited to name, use, street, distance to and directional arrow.

Sign, directional, on-site means signs limited to directional messages principally for pedestrian or vehicular traffic such as one-way entrance and exit.

Sign, facade means a sign fastened to or painted on the wall or building structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from the building or structure, and which does not project above the height of the wall.

Sign, freestanding means any sign supported by structures or supports that are placed on, or anchored in; the ground and that are independent from any building or other structure.

Sign height means the distance from the base of the sign at the normal grade to the top of the highest point of the sign or sign structure, the normal grade being the lower of existing grade prior to construction, or the newly established grade after construction exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.

Sign, home occupation means a sign containing the name and/or occupation of a permitted home occupation and telephone number on premises.

Sign, illuminated externally means a sign which does not produce artificial light from within itself but which is opaque and backlighted or illuminated by floodlights or spotlights not a part of or attached to the sign itself.

Sign, illuminated internally means any sign designed to give forth artificial light or designed to reflect light from one or more sources of artificial light attached to and a part of the sign itself.

Sign, political means a temporary sign announcing or supporting political candidates or issued in connection with any national, state or local election.

Sign, prestige identification means a sign identifying the entrance to a subdivision, farm estate or other facility, which is a permitted principal use in the zoning district, including commercial or industrial facilities. This sign shall provide the name of the subdivision, farm, estate or other facility only and shall be surrounded by special landscaping treatment.

Sign, private sale or event means a temporary sign advertising private sales of personal property such as house sales, garage sales, rummage sales, and the like or private, not for profit events such as picnics, carnivals, bazaars, game nights, art fairs, craft shows and Christmas tree sales.

Sign, real estate off-site means a sign pertaining to the sale or lease of real property other than the premises on which the sign is located.

Sign, real estate nonresidential means a sign pertaining to the sale or lease of business premises or a portion of the business premises on which the sign is located.

Sign, real estate residential means a sign pertaining to the sale or lease of residential premises or a portion of the premises on which the sign is located.

Sign, shopping center, on-site means a sign located on the same premises as a shopping center which directs attention to the shopping center or to businesses conducted therein.

Sign, temporary means a sign or advertising display, including portable signs, constructed of cloth, canvas, fabric, plywood, sheet metal or other material displayed for a period of time not to exceed 90 days.

Single-family conversion to two-family means modifying a dwelling so that it will accommodate to separate families, typically by providing a separate access to the outside and by providing separate utility systems.

Site plan means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, buildings structures and signs, lighting and screening devices, and any other information required by the terms of this chapter.

Sludge means any solid, semisolid, or liquid wastes with similar characteristics and effects generated from a public, municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility or any other waste producing facility.

Smelting means the process of heating and melting ores and concentrates; then separating the desirable molten metals such as copper from other elements.

Smelting on an industrial scale means smelting is the principal use of the parcel or that smelting yields more than two tons of metal within any 12-month period.

Solid waste means any garbage, refuse, sludge and other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, or community activities but does not include (i) solid or dissolved material in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the state water control board, (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended, or (iv) compost or mulch produced from vegetative waste.

Solid waste management facility means a site used for planned treating, long-term storage, or disposing of solid waste. A facility may consist of several treatment, storage, or disposal units. Recycling facilities are not solid waste management facilities.

Spa, day spa means a commercial establishment, employing professional, licensed therapists whose services include therapeutic massage and body or facial treatments. Typically private treatment rooms are provided for each client receiving a personal service. Treatments may include body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, medical facials, non-surgical face lifts, electrical toning, and electrolysis. Hydrotherapy and steam and sauna facilities, nutrition and weight management, spa cuisine, and exercise facilities and instruction may be provided in addition to the therapeutic massage and treatment services. Full service hair salons, make-up consultation and application, and manicure and pedicure services may be provided as accessory services.

Special exception is synonymous with the term "conditional use."

Specified anatomical area means the less than completely and opaquely covered human genitals; pubic region; buttock; female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means the human genitals in a state of sexual stimulation or arousal; acts or simulation of human masturbation, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genital, pubic region, buttock or female breast.

Stable means a facility that is used for the shelter of horses and cattle; also, a facility for stabling, pasturing, breeding, training, riding, teaching, sale or lease of horses, and providing riding lessons. For facilities accommodating more than 150 horses at any time, see "intensive livestock facility."

Start of construction means the date the building permit was issued provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on-site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

Steeplechase means a horse race over a distance with diverse fence and ditch obstacles.

STOL primary surface means an imaginary plane, 300 feet wide, centered in the runway. Its length extends 100 feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Story means that portion of a building 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.

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 and in which space possible floor area with headroom of five feet or less occupies at least 40 percent of the total floor area of the story directly beneath.

Street, centerline means the centerline of a street as shown in any official records of the county or as established by the state department of transportation. If no such centerline has been established, the centerline of a street shall be a line lying midway between the sidelines of the ultimate right-of-way.

Street, collector means a street that will carry the largest volume of traffic at higher speeds within a residential subdivision. Such streets may carry traffic from one neighborhood to another or from the neighborhood to other areas of the community.

Street line means the line between a lot, tract or parcel of land and a contiguous street.

Street, road means a public or private thoroughfare which affords the principal means of access to abutting property.

Structural alteration means any change in either the supporting members of a building such as bearing walls, columns, beams, and girders or in the dimensions or configurations of the roof or exterior walls.

Structure means anything constructed or erected, the use of which required permanent locations on the ground, or attachment to something having a permanent location on the ground. This includes, among other things, dwellings, buildings, towers, antennas, satellite dishes, etc. It does not include fences or signs.

Studio means a facility primarily used for artistic or creative endeavors including photography, cinema, dance, music, art, and the graphics transmission or broadcasting of radio or television programs.

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, additional, 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 officials 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.

Swimming pool means a water-filled enclosure permanently constructed or portable having a depth of more than 18 inches below the level of the surrounding land or an above-surface pool having a depth of more than 30 inches designed, used and maintained for swimming and bathing.

Temporary structure means a structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

Temporary use means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Tenant house means living quarters within a portion of a main building or in an accessory building located on the same lot with the main building used for persons employed on the premises.

Terminal, bus means a building and/or associated land area primarily used for the handling, receiving, and transferring of passengers from incoming and outgoing buses. Accessory to this terminal is the storage and repair of the buses in a fully enclosed building.

Theater means a building primarily used for showing motion pictures, or for dramatic, dance, musical, or other live performances.

Timeshare resort means a resort in which an individual owner has a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with an estate or interest in a cooperative or a specified portion thereof.

Tourist home means an establishment in a private dwelling that supplies temporary accommodations for up to 14 overnight guests for a fee.

Townhouse means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls.

Transportation, storage and disposal (TSD) facilities means those facilities that transport, store and dispose of hazardous waste.

Travel trailer means a mobile unit which is less than 32 feet in length and less than eight feet in width which is designed to be towed by a car or truck and designed for human habitation.

Truck fueling station means any facility having pumps and storage tanks at which fuels and oils for trucks, buses, automobiles and recreational vehicles are dispensed or sold at retail. Any fueling station with the capability to fuel two or more tractor-trailers at the same time shall be deemed a truck fueling station. Services and repairs of trucks are not permitted. A truck fueling station may offer accessory retail sales of convenience foods and items. Such facilities shall not have overnight parking facilities for tractor-trailers. Provided, however, that tractor-trailers shall be permitted to park on the site for the purpose of loading or unloading goods to the businesses located on the premises and for the duration of fueling or purchasing goods at retail from the facility.

Truck stop means a commercial facility that provides fuel, parking, scales, and usually food and other services to long-haul trucks. In addition to functions normally associated with a convenience store or restaurant, the presence of any one of the following will be sufficient to classify the entire use as a truck stop:

(1)

Diesel on-road grade fueling station with bays wide and tall enough for modern tractor/trailer rigs;

(2)

Fueling bays capable of filling trucks from both sides simultaneously;

(3)

A parking area large enough to accommodate at least five tractor-trailer trucks or other heavy vehicles;

(4)

A large vehicle scale;

(5)

Offering goods and services principally for use by the over-the road or long haul trucking industry.

Trucking terminal means a facility where trucks load and unload cargo on a regular basis and where cargo is stored pending its further shipment or delivery.

Turkey shoot means a shooting match or similar activity conducted by a nonprofit organization involving the discharge of firearms at a target or targets with the object of such activity being to determine a winner of a prize such as a turkey or pork ham or other food stuff or other prize.

Unit means a portion of the condominium designed and intended for individual ownership and use.

Upholstery shop means a facility that primarily cleans, repairs, or replaces upholstery to household and office furnishings. This does not include motor vehicle upholstering or repair.

Utility runway means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

Variance means 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 this 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 that such variance is not contrary to the intended spirit and purpose of this chapter, and would result in substantial justice being done. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2201.

Vegetative waste means decomposable materials generated by yard and lawn care or land-clearing activities and includes, but is not limited to, leaves, grass trimmings, and woody wastes such as shrub and tree pruning, bark, limbs, roots, and stumps. Compost or mulch produced from vegetative waste is not a waste product.

Veterinary clinic. See animal hospital (with outside runs)/animal hospital (without outside runs).

Vineyard means a land area on which grape vines are planted and cultivated.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure, and no instrument designation indicated on a Federal Aviation Administration's approved airport layout plan, a military service's approved military airport layout plan, or by any planning document submitted to the Federal Aviation Administration by competent authority.

Warehouse means a building used for the reception and indoor storage of goods and merchandise, excluding the storage of bulk petroleum, oil, and lubricants.

Warehousing means a building primarily used for storage and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable.

Waste transfer station means any solid waste storage or collection facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a central solid waste management facility for disposal, incineration, or resource recovery.

Waterway means any body of water including any creek, canal, river or lake or any other body of water, natural or artificial, except a swimming pool or ornamental pool located on a single lot.

Waterway line means a line marking the normal division between land and a waterway as established by the zoning administrator or other county requirements.

Wayside stand, roadside stand and market mean 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.

Well drilling and septic tank business. See contractor storage yard.

Wholesale business and distribution center. See warehousing.

Winery, commercial means an establishment with facilities for fermenting and bottling wine for sale and distribution. This establishment does not have a producing vineyard, orchard, or similar growing area, but does have facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine.

Winery, farm means an establishment (i) located on a farm in the Commonwealth with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 21 percent alcohol by volume or (ii) located in the Commonwealth with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 21 percent alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. If such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative as long as such land is located in the Commonwealth.

Wood preserving operation means a facility primarily used for the application of chemicals to wood products to enhance their resistance to rotting and deterioration.

Wood yard means a facility primarily used to the storage of timber products (logs), and preparation for transport to manufacturing plants or mills.

Yacht club means a group of buildings and structures designed to provide boating and sailing facilities for a group of persons organized as an entity characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws.

Yard means an open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in this chapter.

Yard, front means an open space on the same lot as a building between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot.

Yard, measurement means in measuring yard size, the line of measure shall be taken perpendicular from the building line to the nearest lot line of the building or group of buildings nearest to such lot line. This measure shall be taken from a point on the building line nearest the lot line.

Yard, rear means a space extending across the full width of the lot between the principal building and the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted in this chapter.

Yard, side means a space extending from the front yard to the rear yard between the principle building and the side lot line. Such side yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

Zoning administrator means the official charged with the administration, interpretation, and enforcement of this chapter. The zoning administrator is appointed by the board of supervisors.

Zoning map means the map described in section 98-4.

Zoning permit means a document signed by the authorized official and required in this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building which acknowledges that such use, structure or building complies with the provisions of this chapter or an authorized variance therefrom.

Zoological gardens means a place where live, non-indigenous animals are kept for educational displays.

(Code 1999, §§ 9-36, 9-37, 9-307; Ord. No. O-05-00, § 9-37, 8-7-2000; Ord. No. ZO-01-01, 6-11-2001; Ord. No. ZO-05-01, 7-9-2001; Ord. No. O-13-06(R), 10-6-2006; Ord. No. O-14-06(R2), § A, 1-8-2007; Ord. No. O-01-07, § B, 1-16-2007; Ord. No. O-15-08(R2), 1-12-2009; Ord. No. O-01-17(R1), 3-29-2017; Ord. No. O-02-18, 3-13-2018; Ord. No. O-22-18, 7-23-18; Ord. No. O-15-19, 8-12-2019)

Cross reference— Definitions generally, § 1-2.

(Code 1999, §§ 9-36, 9-37, 9-307; Ord. No. O-05-00, § 9-37, 8-7-2000; Ord. No. ZO-01-01, 6-11-2001; Ord. No. ZO-05-01, 7-9-2001; Ord. No. O-13-06(R), 10-6-2006; Ord. No. O-14-06(R2), § A, 1-8-2007; Ord. No. O-01-07, § B, 1-16-2007; Ord. No. O-15-08(R2), 1-12-2009; Ord. No. O-01-17(R1), 3-29-2017; Ord. No. O-02-18, 3-13-2018; Ord. No. O-22-18, 7-23-18; Ord. No. O-15-19, 8-12-2019)

Cross reference

Definitions generally, § 1-2.