Having a common border with another or being separated from such other only by a right-of-way, alley, or easement.

The right of pedestrians and vehicles to cross to or from a public right-of-way and private property.

A building subordinate to and located on the same lot with a main building, the use of which is clearly incidental to that of the main building or to the use of the land, and which is not attached by any part of a common wall or roof to the main building. The term "accessory building" also includes, but is not limited to, gazebos, carports, private greenhouses, and sheds which may be modular in nature and are delivered to the site and which may or may not have a foundation.

An ancillary or secondary dwelling unit that exists as a standalone structure, or in a detached structure on the same lot as the principal dwelling unit.

Uses of land and buildings that are found on the same parcel as the principal use but are subordinate and incidental, including parking.

A parcel of land, regardless of area, described by metes and bounds which is not necessarily a numbered lot in any recorded subdivision plat.

The official, or an authorized agent thereof, responsible for administering and enforcing this chapter of the Town Code; also referred to in this chapter as the Director of Community Development or designee.

Transferring marijuana between persons who are 21 years of age or older without remuneration. "Adult sharing" does not include instances in which (i) marijuana is given away contemporaneously with another reciprocal transaction between the same parties; (ii) a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or (iii) a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.

Any adult bookstore/video store, adult mini motion-picture theater, 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. The term includes without limitation any of the following: adult store, adult merchandise, adult bookstore/video store, adult entertainment, adult mini motion-picture theater, adult motel/hotel, and adult motion-picture theater.

The administrative official, or an authorized agent thereof, responsible for administering and enforcing Article X, Subdivision, of this chapter of the Town Code; also referred to in the Article X, Subdivision, as the "Agent."

The tilling of the soil, the raising of crops, horticulture, forestry, gardening, and the keeping of farm animals and fowl. This use does not include Agricultural, intensive as defined by this chapter and pursuant to the Code of Virginia, § 15.2-2288.6. See also "farm animal".

The commercial confined keeping of animals and storage of agricultural products with accessory uses including storage bins and litter/manure storage. The operations of the use may generate dust, noise, odors, pollutants, or visual impacts that could adversely affect adjacent properties.

Pursuant to the Code of Virginia, any activity carried out at a farm winery, farm brewery, farm distillery, or an agricultural operation that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. These rural activities also include, but are not limited to, farm tours, tours of an individual agricultural operation, hayrides, heirloom plant and animal exhibits, crop mazes, and educational programs, workshops, or demonstrations related to agriculture or silviculture, but does not include places of assembly. All agritourism events shall take place on an operational farm and be subordinate to the agriculture operation.

Virginia Highlands Airport.

A permanent service way providing a means of access to abutting properties and not intended for general traffic circulation.

Any change in the floor area, use, adaptability, or external appearance of an existing structure.

A freestanding or building-mounted structure, including any base, tower or pole, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission.

See "accessory use."

One or more whips (omnidirectional antenna), panels (directional antenna), discs (parabolic antenna) or similar devices used for broadcast, transmission and/or reception of radio frequency signals. Reference to an antenna or antenna array does not include the support structure. The following shall be excluded for the purposes of this chapter from the definition of antenna and antenna array: amateur radio antennas, satellite earth station antennas one meter in diameter or less; receive-only home television antennas; and satellite earth station antennas two meters or less in diameter located in a commercial or industrial zoning district.

A feature or structure attached to a building that is used for or in connection with a building, incidental to such building and for its benefit.

Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also "awning," "canopy, attached," and "canopy, freestanding."

The use of land for a meeting place where persons gather together for purposes of attending civic or cultural events on a regular or recurring basis including, but not limited to, museums, public theatres. A gathering of less than 25 persons shall not be considered a place of assembly provided the gathering is accessory and incidental to the principal use. Exempt from this definition are "agritourism" and "event venue facility" as otherwise defined in this chapter.

For the purposes of this chapter, the 100-year flood. The flood having a 1% chance of being equaled or exceeded in any given year.

The Federal Emergency Management Agency designated 100-year water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this chapter, the 100-year flood or 1% annual chance flood.

Any area of the building having its floor surface subgrade (below ground level) on any side.

A dwelling unit occupied by the owner that provides temporary lodging wherein food service shall be limited to breakfast and light fare for guests of the bed-and-breakfast.

An area of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of the Town of Abingdon.

A quasi-judicial board appointed to review appeals and requests for variances made by individuals with regard to decisions of the Director of Community Development or designee in the interpretation of this chapter and to authorize, upon appeal, variances from the terms of this chapter when justified by special conditions.

A facility for the production and packaging of beer or spirits for distribution, retail, or wholesale, on or off-premise, with a capacity of more than 1,000 barrels per year for breweries and distilleries have a capacity greater than 5,000 gallons a year. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district.

A farm licensed as a brewery, distillery, or winery in accordance with the Code of Virginia. Greenhouses, hothouses, or plant nurseries are permitted for the purpose of starting seedlings to be planted for farm use, but not for direct sale. On premise sale, tasting, or consumption of beer, wine, or alcoholic beverages, produced or raised on the tract, and sale of beer, wine, and alcoholic beverage related items incidental to the sale of beer, wine or alcoholic beverages is permitted. Construction of a stand or shelter for the sale of such goods is also permitted.

A facility for the production and packaging of beer, wine, or alcoholic beverages for distribution, retail, or wholesale, on- or off-premise, with a capacity of not more than 1,000 barrels per year of beer or wine, or not more than 5,000 gallons of distilled spirits. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district, but does not include "assembly, place of" as defined in this chapter.

A strip of land, which may or may not have trees and shrubs planted for screening purposes, designed to set apart and protect one space or activity from an adjacent space or activity.

Any structure having a roof supported by columns or walls.

The Uniform Building Code of Virginia.[1]

The entire side of a building, from ground level to the roofline, as viewed perpendicular to the walls on that side of the building.

The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof, if a flat roof; the deckline of a mansard roof; or the mean height level between the eaves and ridge of a gable, hip or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.

The perimeter of that portion of a building or structure nearest a property line and representing the minimum distance which all or any part of the building is set back from the property line, but excluding open steps, terraces, cornices, and other ornamental features.

An appointed official of the Town who is responsible for making and certifying building inspections.

The approval required under the Uniform Statewide Building Code for or in connection with the construction, reconstruction, alteration, repair, or conversion of certain buildings and structures. This permit is obtained from the Town's Building Code Official.

The use of land for the sale, rental, or repair of office equipment and supplies or the provision of services used by office and service establishments. Typical uses include, but are not limited to, office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, or information technology support services.

A use permitted or allowed in the district involved which complies with the provisions of this chapter and other applicable ordinances and regulations.

A measure of tree size, determined by measuring the diameter of the tree at breast height.

An area that provides recreational opportunities on a daily or overnight basis, upon which are located sites for three or more travel trailers, camping trailers, pickup truck campers, motor homes, tents, or other recreational vehicles or structures for seasonal or temporary recreational occupancy. The term "campground" includes the land and buildings used by recreational vehicle parks and civic, religious, and social organizations for social, recreational, educational and/or religious activities on a seasonal basis.

An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

A freestanding structure composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

A structure or portion thereof containing facilities for washing and/or waxing motor vehicles, typically using production-line automated or semiautomated methods for washing, whether or not employing a chain conveyor, blower, steam cleaning or similar mechanical devices operated either by the patron or others. Car washes are a separate use and not treated as an accessory to gasoline stations, automobile service, or other similar uses.

A space outside a single-family or two-family dwelling, and contiguous thereto, wholly or partially covered by a roof but without side enclosure(s), used for the shelter of motor vehicles. See "building" definition.

An establishment in which food and meals are prepared on premises, and where such food and meals are delivered to another location for consumption for a fee.

Any land or structure used or intended to be used for the interment of human remains. Additionally, a cemetery includes mausoleums, columbaria, chapels, administrative offices, and maintenance and storage areas (Code of Virginia, § 15.2-2288.5). The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.

A permit issued by the Historic Preservation Review Board granting an applicant approval for the erection, reconstruction, alteration, restoration, change, demolition, relocation, or excavation of a site or structure in a historic district as seen from a public right-of-way or place. If not visible from a public right-of-way a COA is not required.

A permit issued by the Planning Commission granting an applicant approval for the erection, reconstruction, alteration, restoration, change, demolition, relocation, or excavation of a site or structure in the Entrance Corridor Overlay.

The permit issued by the Building Code Official that is required under the Uniform Statewide Building Code prior to the use or occupancy of certain buildings and structures.

The Planning Commission of the Town of Abingdon.

The document as required by the Code of Virginia, § 15.2-2223 et seq., and as approved and adopted by the Town Council.

A generalized plan indicating the boundaries of a tract or tracts of land and presenting the general arrangement of proposed facilities, uses, structures, and improvements.

A method for rezoning that permits the reasonable and orderly development and use of land with special restrictions in those situations in which unique, specific circumstances indicate that the existing zoning district regulations are not adequate.

An establishment or place of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but this use shall not include automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.

Those letters, numerals, figures, symbols, logos, and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.

A cluster or group of small detached housing units.

The Town Council of Abingdon, Virginia.

The County of Washington, Virginia.

A building in which the courts of law are regularly held.

A local street with only one outlet and having a turnaround for reverse traffic movement.

A specialized computer service business that houses electronic web sites and provides data-serving and other services for compensation. This type of facility may contain a network operations center (NOC), a restricted access area containing automated systems that constantly monitor server activity, web traffic, and network performance for irregularities. Also commonly referred to as a hosting site, hosting center or application service provider (ASP). See also "warehousing and distribution."

Any facility operated for the purpose of providing care, protection, and guidance for individuals. This term includes nursery schools, preschools, day-care centers for adults, and other similar uses, but excludes any facility offering care to individuals for a full twenty-four-hour period. Excluded from this definition is "family day home" and "educational facility, primary or secondary" as defined by this chapter.

A day care program, as defined under Code of Virginia, § 22.1-289.02, for children offered in the residence of the provider for up to four children at any one time, exclusive of the provider's own children and any children who reside in the home.

A day care program, as defined under Code of Virginia, § 22.1-289.02, for children offered in the residence of the provider for between five and 12 children at any one time, exclusive of the provider's own children and any children who reside in the home.

The number of dwelling units that are allowed on an area of land, which shall be permitted to include dedicated streets contained within the development. Density is determined by dividing the total number of residential units or lots to be located on the parcel by the area of the base parcel.

Any person, group or persons, corporation, or other legal entity having an interest in land who directly or indirectly sells, leases, or develops or offers to sell, lease, or develop, or advertises for sale, lease, or development any lot, tract, parcel, site, unit, or interest for residential, commercial, or industrial development as defined herein.

A tract or multiple abutting tracts of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. The term "development" shall not be construed to include any tract of land which will be principally devoted to agricultural production. (See § 15.2-2201 Code of Virginia, 1950, as amended)

The Director of Community Development for the Town of Abingdon or the official performing the duties of the Director of Community Development or duly authorized representative.

The Director of Public Works for the Town of Abingdon or the official performing the duties of the Director of Public Works or duly authorized representative.

A satellite antenna, also known simply as a "dish," used for satellite communication and broadcast reception.

See "zoning district."

An establishment accommodating the patron's automobile from which the occupants may be served or provided a service while in the automobile rather than within a building or structure.

A private access from a public street, private road, or alley to the interior of a lot or parcel of land.

A building, or any portion thereof, containing a complete set of living accommodations suitable for occupancy by one or more persons, consisting of sleeping, bathroom, and kitchen facilities.

A structure which: 1) is transportable in one or more sections; 2) is eight feet or more in width and 40 feet or more in length in the traveling mode, or is 320 or more square feet when erected on-site; 3) is built on a permanent chassis; 4) is designed to be used as a dwelling unit for one family, with or without a permanent foundation, when connected to the required utilities; and 5) includes the plumbing, heating, air conditioning, and electrical systems necessary for the structure. For purposes of this chapter, a manufactured dwelling must meet the standards promulgated by the United States Department of Housing and Urban Development (HUD), published at 24 CFR Part 3280, including the ANSI standards incorporated therein by reference. For purposes of this chapter, a manufactured dwelling must bear a data plate declaring that it meets HUD standards.

A building, or portion thereof, arranged or designed to contain three or more dwelling units.

A site built or modular building designed for and used exclusively as one dwelling unit for permanent occupancy by one family, which is surrounded by open space or yards on all sides.

A row of three or more single-family attached dwelling units, under single- or multiple-ownership, separated from one another by continuous vertical walls without openings from basement floor to roof between units.

A building, or portion thereof, containing two dwelling units. Such units share at least one common wall or ceiling that separates living space (i.e., living room, kitchen, bedroom, bathroom, etc.). Unlike "dwelling, townhouse," each dwelling unit is located on the same parcel and are not located on individual lots.

A right expressed in a recorded writing, given by the owner of land to another party for specific limited use of that land.

An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate, or higher degrees, and facilities associated with it. This term includes academic buildings, administrative facilities, dormitories, special housing, parking areas, dining halls, and other physical plants associated with the college or university use.

A public, private, or parochial school offering instruction at the elementary, junior, and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia.

A person who is qualified to practice engineering by reason of their special knowledge and use of mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and experience, and whose competence has been attested, through licensure, as a professional engineer by the Commonwealth of Virginia.

An employee of the Town of Abingdon who reviews subdivision plans and site plans for new developments or upgrades to existing developments as well as reviews all infrastructure plans of the Town to ensure that such plans comply with Town ordinances and other applicable regulations.

An establishment primarily engaged in the sale or rental of tools, tractors, construction equipment, commercial equipment, agricultural implements, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. Also included in this definition are feed and seed stores; custom milling, milk depots and creameries; fertilizer storage in bags; and bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building.

An enclosed structure or housing, including cabinets and sheds, located at the base of a communications facility mount, within which is housed equipment for the facility, including such items as batteries, backup power supply, electrical equipment, base transceiver stations, etc.

Built, constructed, reconstructed, moved upon, placed, altered, or any physical operations on the premises required for building. Excavations, fill, drainage, and the like shall be considered a part of erection.

An establishment that hosts events on a regular or recurring basis including but not limited to banquet facilities, conference centers, and wedding venues. Exempt from this definition are "assembly, place of" and "agritourism" as otherwise defined in this chapter.

When referring to facilities associated with animal boarding/grooming facilities, animal shelters, kennels, or veterinary clinics, shall mean and refer to any outdoor areas and facilities in which animals are exercised, boarded, groomed, or otherwise kept or cared for.

The Federal Aviation Administration.

A person living alone, or any of the following groups living together as a single housekeeping unit in a dwelling: 1) any number of persons related by blood, marriage, adoption, guardianship, or duly authorized custodial relationship; 2) up to four unrelated people; 3) two unrelated people and any children related to either of them; 4) residents of an assisted living facility or group home as allowed by the Code of Virginia, § 15.2-2291. Domestic servants, employed and residing on the premises, shall be considered as part of the family.

Pursuant to all conditions set forth in the Code of Virginia, § 15.2-2292.1, a transportable residential structure providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that i) is primarily assembled at a location other than its site of installation; ii) is limited to one occupant who shall be the mentally or physically impaired person, or in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person and the other requires assistance with one or more activities of daily living as defined in Code of Virginia, § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth; iii) has no more than 300 gross square feet; and iv) complies with applicable provisions of the Industrialized Building Safety Law (Code of Virginia § 36-70 et seq.).

Any animal other than a dog or a cat normally kept outside of a dwelling unit. Domestic farm animals include, but are not limited to, chickens, cows, geese, goats, horses, llamas, and pigs. The keeping of farm animals is considered an agriculture use.

The Federal Communications Commission.

The placing of any material which results in increasing the natural ground surface elevation.

An establishment whose principal purpose is the provision of financial services, including but not limited to insured depository institutions, credit unions, federal home loan banks, small business investment companies, depository institution holding companies, mortgage lending or other institutions as defined by federal statute.

Occasional or periodic commercial activities held groups of sellers rent space on a short-term basis to display, barter, or sell secondhand goods to the public; or one or more sellers bring goods for auctioning to the public. This does not include "wayside stand" or "outdoor market" as defined in this chapter.

The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

The length of an exterior building wall or structure of a single premise oriented to the public way or other properties that it faces.

The characterization of a particular highway or street as one of several types, or classes, of roads (such classes indicating the character of the traffic carried by the street, i.e., local or long-distance, and the degree of land-access the street allows), with reference to a rating system established by the Federal Highway Administration (FHWA) and implemented by the Virginia Department of Transportation (VDOT). For urban areas such as the Town of Abingdon, highways and streets will generally fall into one of four classes: urban principal arterial streets, minor arterial streets, collector streets, and local streets. Where a zoning determination relies on whether one street has a higher functional classification rating than another, the street that provides for greater through-travel between major trip generators shall be deemed the one with the higher classification rating (for example, a principal arterial street is a higher functional classification than a local street).

An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals. A crematorium with no more than two incinerators shall be considered an accessory use to a funeral home.

An establishment or place of business primarily engaged in retail sales from the premises of trees, shrubs, seeds, fertilizers, pesticides, plants, and plant materials primarily for agricultural, residential, and commercial consumers. Such an establishment typically sells products purchased from others, but may sell material which they grow themselves.

Any place of business with fuel pumps and underground storage tanks that provides retail sale of fuels and oil for motor vehicles. A store associated with automobile fuel sales shall be considered a gasoline station.

The Town Council of the Town of Abingdon, Virginia.

A licensed residential facility in which no more than eight mentally ill, intellectually disabled, or developmentally disabled persons or no more than eight aged, infirmed or disabled persons reside, with one or more resident counselors or other resident or nonresident staff persons. Such facility shall be considered a residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in the Code of Virginia, § 54.1-3401. Such facility shall be licensed by the Commonwealth of Virginia Department of Behavioral Health and Development Services (Code of Virginia, § 15.2-2291).

The Health Director or sanitarian of Washington County, Virginia, or the Director's duly authorized representative.

A mercury vapor lamp, a metal halide lamp, or a sodium lamp (high-pressure and low-pressure).

A high-intensity discharge light source in which the arc tube's primary internal element is sodium vapor.

The resident engineer employed by the Virginia Department of Transportation.

A board of the local government consisting of such appointed members whose functions include administration of the regulations for the historic district(s) to the ends of preserving historical and archaeological resources.

Any structure that is:

Any occupation or activity which is clearly incidental and secondary to use of the premises as a dwelling and which is carried on wholly or in part within a main building or accessory building by a member of the immediate family and no employees or clients come to the property.

Any occupation or activity which is clearly incidental and secondary to use of the premises as a dwelling and which is carried on wholly or in part within a main building or accessory building by a member of the immediate family and up to one employee outside of the family. No more than 500 square feet or 30%, whichever is greater, of the dwelling unit shall be used in connection with the occupation.

Home occupation requiring a special use permit due to:

A building or group of buildings, having room facilities for overnight patients, used for providing services for the inpatient medical, surgical, or obstetrical care of sick or injured humans, and which may include related facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations.

The use of land for transitory lodging or sleeping accommodations offered to the public for compensation. Typical uses include hotels, motels, motor lodge, travel lodges, or hostels, but not including a bed-and-breakfast.

The area or territory subject to the legislative control of the Town Council.

Any location where raising, grooming, caring for, or boarding of four or more dogs, cats, or other small animals over four months of age for commercial purposes is conducted. Commercial indicates money has been exchanged for either an animal or a service. However, less than four breeding animals does not constitute a commercial kennel.

An establishment whose principal purpose is the research, compounding and/or packaging of scientific products, or research and development of innovative ideas in technology-intensive fields. Examples include research and development of communication systems, transportation, geographic information systems, multimedia and video technology. Development and construction of prototypes and light manufacturing may be associated with this use.

The component of a luminaire that produces light. A lamp is also commonly referred to as a bulb.

The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs, and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features, and contouring of the earth.

Establishments primarily engaged in the provision of laundering, cleaning, or dyeing services other than those classified as "personal services." Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.

For the purpose of this chapter, a licensed professional is a land surveyor or professional engineer duly licensed by the State of Virginia.

A semiconductor light source that emits light when current flows through it. Also referred to as an "LED."

A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks.

A parcel of land that is either shown on a recorded subdivision plat or described by metes and bounds or other legal description.

The total horizontal area within the lot lines of the lot.

Lot coverage means that percentage of a lot which when viewed from above would be covered by a structure or structures or any part thereof, including driveways, decks, stairs, and eaves.

A portion of portions of a lot abutting street right-of-way. Also referred to as "street frontage."

A lot, a plat or other legal description of which has been recorded in the office of the Clerk of the Circuit Court of Washington County, Virginia, prior to the effective date of this chapter.

The horizontal distance between side lot lines measured along the front building setback line.

A lot abutting upon two or more street rights-of-way at their intersection.

The mean horizontal distance between the front and rear lot line.

A lot having a frontage on two nonintersecting street rights-of-way as distinguished from a corner lot.

Any lot, except a lot fronting on a cul-de-sac, that has a lot frontage that is less than the minimum lot width required for the zoning district.

A lot other than a corner lot.

A lot having a pair of opposite lot lines along two, more or less parallel, roads and which is not a corner lot. Except for a lot in a residential or residential townhouse district which has a buffer along a road, both road lines shall be front lot lines. For a lot with a buffer along a road, the land adjacent to the buffer shall be the rear lot line.

A standard unit of measurement of luminous flux.

A complete electric light unit.

An outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected downward (below the horizontal plane).

A luminaire which is permanently installed outdoors including, but not limited to, devices used to illuminate any site, structure, or sign, except that it does not include an internally illuminated sign.

The Town Manager for the Town of Abingdon or duly authorized representative.

An inclined decorative rooflike projection that is attached to an exterior building facade.

A parcel of land under one ownership that has been planned and improved for the placement of two or more mobile homes for rental purposes for nontransient use. This use may include all improvements, building, structures, recreation areas, or other facilities for the use of the residents of such development.

An establishment engaged in the sale or rental of manufactured homes.

An establishment primarily engaged in the on-site production of goods by hand manufacturing, assembly, packaging or fabrication of materials and products within enclosed structures without significant external effects such as smoke, noise, soot, vibration, odor, and the like. Uses may include assembly of electrical appliances; manufacture of musical instruments, toys, and novelties; manufacture of pottery and figurines by kilns fired only by gas or electricity; manufacturing, processing, packaging, or treating of bakery goods, confectionary items, cosmetics, toiletries, pharmaceuticals, toiletries, or other like items. Excluded from this definition is "professional studio."

Any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. Delta-8 THC is illegal in the State of Virginia.

A gas discharge lamp that uses an electric arc through vaporized mercury to produce light.

A building or project containing residential uses in combination with commercial and/or institutional uses. No use that is or will be merely accessory to, or ancillary to, a residential use shall qualify as a commercial or industrial use, for purposes of this definition.

A building containing residential uses in addition to nonresidential uses permitted in the zoning district. Mixed-use structure should not be confused with a mix of uses each in separate structures in a single development.

A readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, service, and/or selling of food or other goods and operated at temporary locations. This definition shall include all mobile vending, retail products, food trucks, food trailers, and food carts and shall not apply to those selling in short bursts of 30 minutes or less at a single location and moving to multiple properties through the course of a business day, such vehicles may include, but are not limited to, ice cream trucks.

A dwelling unit constructed on-site in accordance with the Virginia One- and Two-Family Dwelling Code or with the Commercial Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. This is an allowed form of construction in all districts.

A vertical control used as a reference for establishing varying elevations within the floodplain.

For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after September 29, 2010, and includes any subsequent improvements to such structures. For floodplain management or development 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 the Town of Abingdon and includes any subsequent improvements to such structures.

An otherwise legally platted lot that does not conform to the minimum area, width, or lot frontage requirements of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

Any sign that was permitted under a previous regulation that presently does not conform to the requirements of this chapter.

An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this chapter, or is designed or intended for use that does not conform to the use regulations for this chapter, for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to this chapter. Any use that was unlawful on the date of adoption of this chapter shall remain unlawful and shall not be a nonconforming use.

A use providing bed care and in-patient services for persons requiring regular medical attention but does not include a facility providing surgical or emergency medical services or a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease.

Space provided for vehicular parking outside the dedicated street right-of-way.

The use wherein the primary purpose is the conduct of a business or profession such as, but not limited to accounting, tax preparation, lenders and securities brokers, architecture, computer software, or information systems research and development, engineering, insurance, law, management, organization and association offices, psychology, theology, real estate, or travel. Retail Sales do not comprise more than an accessory use of the primary activity of a general office. This definition does not include "office, medical or clinic" as defined.

The use of a site for facilities which provide diagnoses, minor surgical care, or outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia.

A map of legally established and proposed public streets, waterways, and public areas adopted by a locality in accordance with the provisions of Article 4 (§ 15.2-2233, et seq., Code of Virginia, 1950, as amended). See § 15.2-2201, Code of Virginia, 1950, as amended.

The flood having a 1% chance of being equaled or exceeded in any given year. It does not imply that no greater flood is likely to occur, nor that such a flood will not happen more often than once every 100 years.

Land area not covered by buildings, roads, driveway and parking areas, or outdoor storage areas, including, but not limited to, landscape areas, gardens, woodlands, walkways, courtyards or lawns, and outdoor recreation areas. Except as otherwise provided by this chapter, open space includes setback areas that meet the requirements defined in this chapter. Open space does not include public rights-of-way for roads, sidewalks, or trails.

Private open space provided within a development which is provided for, and which is permanently accessible to, all residents and tenants of the development.

Retail sale of goods, wares, fresh fruits and vegetables, and other food and related items, with spaces occupied by several different temporary tenants on a short-term or daily basis outdoors; but this term does not include "wayside stand" or "flea market" as defined in this chapter.

The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than 24 consecutive hours.

The person or entity who owns all or a portion of a facility. For the purposes of this chapter, the owner of premises on which a sign is located is presumed to be the owner of the sign unless acts to the contrary are officially recorded or otherwise brought to the attention of the Director of Community Development or designee.

The extension of a building facade above the line of the structural roof.

A site for surface parking of operable vehicles, recreational vehicles, and boats, which is fee based and provides one or more parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this chapter. This use type shall not include parking facilities accessory to a permitted principal use.

An area for an automobile or other motor vehicle; such space being exclusive of necessary drives, aisles, entrances and exits and being fully accessible for the parking or storage of permitted vehicles.

A surety bond, cash deposit or letter of credit approved by the Town Attorney and made out to the Town of Abingdon in an amount equal to the full cost of the improvements which are required by this chapter, said cost being estimated by the developer's engineer and approved by the Town Engineer. A performance bond may also be referenced as "performance guarantee" or "guarantee".

Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature and/or the provision of informational, instructional, and similar services. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; laundromats and dry-cleaning stations serving individuals and households; driving schools; health or physical fitness studios; dance studios; handicraft and hobby instruction.

Any structure such as drainage structures, central water system, central sewage disposal systems, bridges, lines, culverts, etc., and such other improvements as the Agent may designate.

A form of development characterized by unified site design, intended to allow for a variety of housing types and densities, clustering of buildings, common open space, and/or a mix of building types and land uses, in which project planning and density calculations are performed for the entire development rather than on an individual lot basis.

A commission of the local government consisting of such appointed members whose functions include advisory or nontechnical aspects of planning and may also include such other powers and duties as may be assigned to it by the Town Council.

The maps or drawings accompanying a subdivision plat and showing the specific location and design of public improvements to be installed in the subdivision in accordance with the requirements of the Article X, Subdivision, as a condition of approval of the plat.

A map or plan of a tract or parcel of land which is to be, or which has been subdivided. Includes the terms "map," "plot," "replat," or "replot." When used as a verb, "plat" is synonymous with "subdivide".

The map of a subdivision submitted and approved by the Town of Abingdon, and subsequently recorded in the office of the Clerk of the Circuit Court of Washington County, Virginia.

The preliminary drawing or drawings, including the elements required by this chapter, indicating the proposed manner or layout of the subdivision.

A portable, weather-resistant receptacle designed and used for the temporary storage (60 calendar days or less) or shipment of materials, household goods, wares, or merchandise. The term shall not include containers used for the collection of solid waste by the Town. Portable storage containers are not structures and cannot be utilized for retail activity, as permanent storage on residential or commercial property.

A single lot, or an area of multiple, contiguous lots under common ownership, along with any building(s) or structure(s) occupying it.

A workspace for artists or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft. Excluded from this definition is "manufacturing, light."

A voluntary offer that addresses an impact or impacts from use of property or development, tendered by an applicant for conditional rezoning.

Any tract, lot, parcel, or several of the same collected together for the purpose of subdividing.

Any agency or body, any official, or any representative of local, state, or federal government.

A meeting announced and advertised for soliciting formal public comment on matters under consideration.

Publicly owned and operated parks, picnic areas, playgrounds, indoor/outdoor athletic or recreation facilities, indoor/outdoor shelters, amphitheaters, game preserves, open spaces, and other similar uses. This use shall not include "public use" as defined in this chapter.

The use of land, exclusively for public purposes, by any department or branch of the federal government, commonwealth or any political subdivision, public authority, or any combination thereof. Included in this definition are public parking facilities. This use shall not include "public park and recreational area," "educational facilities," "utility service (major or minor)," or "courthouse' as defined in this chapter.

A water or sanitary sewer system owned and operated by a municipality or county, or owned by a private individual or a corporation approved by the governing body and properly licensed by the state corporation commission.

Essentially a public use, although under private ownership or control.

A majority of the authorized members of a board or commission.

An establishment that provides an enclosed building for indoor sports or recreation and/or multiple coin-operated amusement or entertainment devices or machines as other than an incidental use of the premises. Uses include but are not limited to bowling alleys, ice- and roller-skating rinks, indoor racquetball, swimming, billiard halls, game rooms, video arcades, and commercial theatres.

Participant or spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, paintball facilities, sports arenas, motorized model airplane flying facilities, rodeos, and outdoor amusement parks.

Any establishment, facility, or location whose business operation involves (i) the retail sale of recreational substances and (ii) includes recreational substances as 25% or more of its total inventory or 15% or more of its total display shelf area.

Any establishment, facility, or location whose business operation allows the on-site use of recreational substances.

A type of portable structure without a permanent foundation which can be towed, hauled, or driven and primarily designed as temporary living (15 day or less) accommodations for recreational, camping, and travel use and including, but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.

An architect or engineer registered or licensed to practice professional architecture or engineering as defined by statutory requirements of the professional registration laws of the state in which the project is to be constructed.

A use located in a permanent building and providing regular organized religious worship and related incidental activities, except primary or secondary schools and day care facilities.

Interior or exterior remodeling of a structure, other than ordinary repair.

A narrow plot of land adjacent to a public street, of insufficient depth for subdivision, retained by the subdivider to prevent access to the street, by the owner of adjoining property.

An establishment in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tearooms, confectionery shops, eat-in delis and refreshment stands. Drive-up or curb-side pickup may be offered incidental to this use. Excluded from this definition are "restaurant, drive-in;" "mobile vending;" and "bakeries."

An establishment or institution, public or private, providing minimal care of elderly persons. "Minimal residential care" as used herein is a lesser degree of care than provided by a nursing home or hospital.

The total width of the strip of land dedicated or reserved for public travel within which roadway, curbs, gutters, sidewalks, planting strips, and undeveloped land may be located.

A legally established area or strip of land on which an irrevocable public right of passage has been recorded, and which is occupied or intended to be occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use.

That paved portion of the street available for vehicular traffic, and where curbs are laid, the portion from face to face of curbs.

The top edge of a peaked roof, or in the case of an extended facade or parapet, the uppermost point of said facade or parapet.

A facility which is movable and temporarily located on privately owned real estate, used for the sawing, chipping, or shaving of wood for the purpose of processing of timber cut only from that real estate which the mill is located, or from real estate immediately contiguous or adjacent thereto.

Landscaping, solid fencing, or masonry walls, or combination thereof, that physically and visually separates different uses, or that shields uses or their appurtenances, such as dumpsters and mechanical equipment, from adjacent property or uses.

A building designed to provide interior rental storage to individuals. Each storage space shall be interior to the building or buildings and have a main entrance for accessing, loading, and unloading of stored goods. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of 400 square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

See "yard."

A facility promoting temporary housing and feeding for one or more individuals who are otherwise temporarily or permanently homeless. Ancillary community support services may be provided including, but not limited to, childcare, counseling, food distribution, or vocational training.

A group of commercial establishments, otherwise permitted within the zoning district that are planned, developed, owned, and managed as a unit related in location, size, and type of shops to the area that the unit serves and providing site parking in relationship to the types and sizes of stores.

A residential dwelling unit that is used or advertised for rent for transient occupancy in increments of fewer than 30 consecutive days. This use type does not include bed-and-breakfast establishments and does not apply to month-to-month extensions following completion of a year's lease.

A paved surface, the prime purpose of which is a pedestrian walkway.

Any object, device, display, or structure, or part thereof, visible from a public place, a public right-of-way, any parking area, or right-of-way open to use by the general public, or any navigable body of water that is designed and used to attract attention to an institution, organization, business, product, service, event, or location by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected images.

The entire area enclosing the extreme limits of writing, representation, pictorial elements, emblems, or a figure of similar character, together with all material, color, or lighting forming an integral part of the display or used to differentiate the sign from the background against which it is placed.

Those letters, numerals, figures, symbols, logos, and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.

The particular area of the sign structure upon which a message, copy, or advertisement is displayed for viewing.

To prevent through preservation, repair, or restoration, the development of any rust, corrosion, rot, chipping, peeling, or other deterioration in either the physical appearance or the safety of every sign.

A written document or drawing depicting proposed sign(s) placement, design, and quantity for the purpose of determining consistency and compatibility with the Town.

Any structure supporting a sign.

A sign structure that has ceased to be used, and the owner intends no longer to have used, for the display of sign copy, or as otherwise defined by state law.

A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this chapter, include the following types:

See "sign, canopy."

A sign utilizing a banner or flexible substrate as its display surface for copy or graphics.

An off-premises sign or sign structure with display space available for lease and designed so that the copy or poster on the sign can be changed frequently. Billboards include digital billboards defined as follows:

A sign displayed on or attached flat against the surface or surfaces of a canopy. Illuminated canopies, if translucent, are considered part of the total canopy sign area.

A sign that includes any changing of the message either electronically or manually in which the message is stationary and does not fluctuate in size or brightness.

A sign that is supported by a pole and partly by a building structure.

A sign with two faces, back-to-back.

Any sign placed outside a building.

See "wall sign."

Nongovernmental flags are deemed to be "signs" and shall be subject to the provisions of this chapter. The official flags of the federal, state, county or municipal governments are not deemed to be "signs."

See "sign, animated, electrically activated."

A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more (structures) columns, poles, or braces placed in or upon the ground.

The entire height of the structure from the ground to the top of the structure regardless of wording or decorative nature.

A sign characterized by the use of artificial light, either projecting through its surface(s) ("internally illuminated"); or reflecting off its surface(s) ("externally illuminated").

Any sign placed within a building, but not including "signs, window" as defined by this chapter. Interior signs, with the exception of window signs as defined, are not regulated by this chapter.

See "sign, canopy."

A wall or freestanding sign not exceeding three square foot in area, not exceeding four feet in height, and not illuminated. Examples include not trespassing signs, displays of building address, security warning signs, parking signs, entrance/exit signs, and on-site directional signs.

A "sign, freestanding" having the appearance of a solid, rectangular, or cylindrical base.

A sign containing three or more faces.

A sign located at the entrance to a residential development.

A sign which directs attention to a business, commodity, service, activity, or entertainment conducted, sold, or offered on a parcel of land other than the one on which the sign is located.

A sign erected, maintained, or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed.

A sign made with flexible material, with or without lettering for design, usually suspended from one or two corners, and manufactured and placed for the purpose of attracting attention. Also referred to as a "streamer."

See "sign, freestanding."

Any sign not permanently attached to the ground or to a building or building surface. For example, an A-frame sign.

A sign other than a wall sign that is attached to or projects more than 15 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.

A sign that revolves 360° about an axis. See also "sign, animated, mechanically activated."

A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs.

A sign designed or intended, based on materials and structural components, to be displayed for a specified or limited period of time, regardless of type or style of sign. Examples include real estate signs, yard sale signs, contractor's signs, and special or one-time event signs per year.

A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 15 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building or to the face or faces of the architectural projection to which it is affixed and exteriors of windows.

A sign affixed to the interior surface of a window with its message intended to be visible to and readable from the public way or from adjacent property. Signs affixed to the exterior of the surface of a window are considered wall signs.

A plan prepared by a professional engineer or land surveyor licensed by the state showing all existing and proposed improvements to the site in accordance with this chapter.

An approval for a use that may be appropriate in a zoning district, but because of its nature, extent, and external effects, requires special consideration and restrictions relating to its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings.

The sheltered boarding of horses or ponies, or other livestock, for a revenue generating purpose. Included in this definition are horse riding academies and horse or livestock grooming operations.

The keeping, breeding, or raising of horses or ponies, or other livestock, exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests.

The portion of a lot that has a grade in excess of 25%.

An establishment for display and sale of merchandise at retail.

That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it; and, if there is no floor above it, the space between the floor and the ceiling next above it.

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 not more than two-thirds of the floor area is finished off for use.

A public way which affords the principal means of access to abutting properties. The term "street" includes all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefore, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, drive, court, avenue, boulevard, lane, place, circle, or however otherwise designated.

A dividing line between a street or road right-of-way and the contiguous property.

The total width of the strip of land, dedicated or reserved, for public travel, including roadways, curbs, gutters, sidewalks, and planting strips.

A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal access to two or more sites.

Streets designated as thoroughfares on the Town of Abingdon Transportation Plan as such plan may be amended and updated from time to time.

Streets which carry traffic from local streets to the arterial or thoroughfare streets. They provide the principal means for the collection of traffic within or between major subdivisions or sections of Town. These streets are longer in length; have higher speed limits; are spaced at greater intervals; and have higher average traffic volumes.

Streets which are used primarily for access to the abutting properties, provide service to travel over relatively short distances, and may be designed to discourage their use by through traffic.

A structure or building in which is conducted the principal use on a lot, or where a lot contains residential uses, the principal structure on the lot shall mean the largest building that contains any dwelling unit.

The process of splitting land so as to establish a subdivision as defined herein.

Any individual, firm, partnership, association, corporation owning any parcel of land to be subdivided.

The division of a parcel of land into two or more lots or parcels of land, including the residual lot, for the purpose of transfer of ownership or building development, including any parcel previously separated by the owner or prior owner of such land for such purpose. The sale or exchange of parcels between lot owners, where such sale or exchange does not create a new plat shall be exempt from Subdivision Agent approval. Subdivisions are classified as:

A structure (other than an attachment structure) designed and constructed specifically to support a communications facility, and may include alternative towers, monopole towers, self-supporting or lattice towers, and other similar structures.

A person who, by reason of their knowledge of the several sciences and of the principles of land surveying, and of the planning and design of land developments acquired by practical experience and formal education, is qualified to engage in the practice of land surveying, and whose competence has been attested through licensure as a land surveyor to do business in the State of Virginia.

A mobile structure or building used to accommodate temporary offices, dining, and storage of building materials during construction projects.

A support structure consisting of a single pole, constructed without any guy wires and ground anchors.

The Town of Abingdon, Virginia.

The Town's legislative body. Council members are elected by popular vote and are responsible for enacting ordinances, imposing taxes, making appropriations, and establishing Town policy. The Town Council adopts the Comprehensive Plan, zoning, and subdivision regulations.

An establishment providing contractor or industrial services to individuals or businesses. This classification includes electrical; plumbing; painting; landscaping; metal, machine, and welding shops; cabinetry and woodworking shops; furniture upholstery shops; and similar business engagements in custom fabrication, installation, and repair.

Individual modal or multimodal conveyances and terminals; facilities may be of local, regional, or statewide importance. Examples of facilities are highways, rail transit lines, transit stations, bicycle paths. Uses may also include vehicle services such as limousine, taxi service, or bus transportation.

All areas of coverage by plant material exceeding five feet in height, and the extent of planted tree canopy at 10 or 20 years maturity, as applicable. Planted tree canopy at maturity shall be based on published reference texts generally accepted by landscape architects, nurserymen and arborists, i.e., in The Manual of Woody Landscape Plants by Michael A. Dirr (Fourth edition, 1990).

An area of land used for the switching, storing, assembling, distributing, consolidating, moving, repairing, weighing, or transferring of freight.

The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.

The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, or management where the previous nature of the use, line of business, or function is substantially the same.

A use that fulfills a primary function of a household, establishment, institution, or other entity.

A use established for a fixed period of time with the intent that such use will terminate automatically upon an expiration of a fixed time period unless permission to conduct the use is renewed.

All lines and facilities that provide for the transmission, transfer, distribution, collection, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electric.

Service of a regional nature which normally entails the construction of new buildings or structures such as electric generating plants and sources; electrical switching facilities and stations or substations; community wastewater treatment plants; water towers; sanitary landfills; and similar facilities. All overhead transmission lines are included in this definition.

Service which is necessary to support development primarily on the same property as the utility service and involves only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices, small alternative energy systems such as electric facilities operated at 40 kilovolts or less, and well, water and sanitary sewer pump stations. This does not include communications towers and facilities.

A reasonable deviation from the provisions of this chapter regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of this chapter would result in unnecessary and undue hardship which is not created by the owner, relief or remedy is not available through this chapter, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of this chapter.

The Virginia Department of Transportation.

Repair and/or maintenance of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services, and similar repair and service activities where minor repairs and routine maintenance are conducted. Automobile painting, upholstering, reconditioning, body and fender work shall also be included.

A lot arranged, designed or used for the storage and display for sale, lease, or rent of any new or used motor vehicle capable of independent operation or any type of boat, travel trailer and recreation vehicle, provided the travel trailer and recreation vehicle is unoccupied. Warranty repair work and other major and minor repair service may be provided wholly within an enclosed building as an accessory use. This definition excludes "farm equipment sales and supplies establishment" as defined in this chapter.

A right belonging completely and unconditionally to a person as a property interest which cannot be impaired or taken away (as through retroactive legislation) without the consent of the owner. A landowner's rights are vested when the landowner i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project, ii) relies in good faith on the significant affirmative governmental act, and iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.

A facility that deals with the causes, diagnosis, and treatment of diseases and injuries of animals, especially domestic animals, under the direction and control of a veterinarian licensed by the Commonwealth of Virginia. If overnight accommodations are provided for animals, see definition for "kennel."

The vicinity or location map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. The map shall include subdivision name and location, main traffic arteries, schools, parks and playgrounds, scale, North arrow, and date.

The failure of a structure or other development to be fully compliant with the Town of Abingdon's Zoning and Subdivision Ordinance.

Uses including storage of wares, and merchandise, warehousing, and dispatching of goods within enclosed structures, but shall not include the storage of flammable and/or combustible materials. Typical uses include wholesale distributors, e-commerce fulfillment centers, storage warehouses, data centers, and moving/storage firm. Self-storage facilities are not considered storage warehouses.

A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

An establishment for the seasonal retail sale of agricultural or forestal goods and merchandise primarily produced by the operator on the site, or on nearby property. Agricultural goods produced on other properties owned or leased by the operator may also be allowed provided a majority of the produce comes from land surrounding the wayside stand. This use type shall include agricultural products picked by the consumer. Also referred to as a "roadside or farm stand" or "wayside market."

A sign painted, stenciled, or affixed entirely within or upon the flat surface of a window or door, or placed immediately behind the window so as to attract the attention of persons outside the building, but excluding merchandise in a window display.

Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

Administrative review eligible project that provides for:

An antenna or other communications equipment that is attached to an existing building or structure ("attachment structure"). For the purposes of this definition, the term "structure" shall include, without limitation, utility poles, signs, and water towers; however, the term "structure" shall exclude communications towers. Where reference is made to an attached facility, unless otherwise specified the reference will be deemed to include any accompanying pole or device ("attachment device") which attaches the antenna array or communications equipment to the existing building or structure, as well as transmission cables and any equipment shelter which may be located either inside or outside the attachment structure.

The structure to which an attached communications facility is affixed.

Any unstaffed facility for the transmission and/or reception of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services. A broadcasting or communication tower usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antenna. Excluded are amateur radio antennas, which are defined separately. Also excluded are wireless communication antennas which fit the definition of "small cell facility."

Use of an attachment structure or support structure by i) two or more wireless license holders, radio stations or television stations, or combination thereof, ii) one wireless license holder, radio station or television station for more than one type of communications technology, or iii) two or more communications facilities owned or operated by government or other public and quasi-public users.

A small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches.

A wireless facility that meets both of the following qualifications: i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet, and ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunication demarcation boxes, backup power systems, grounding equipment, power transfer switches, cutoff switches, and vertical cable runs for the connection of power and other services (Code of Virginia, § 15.2-2316.4).

Includes i) "personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i); ii) "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including "commercial mobile services" as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities; and iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.

The distance between the exterior facade of a building or any projection thereof (other than steps) and an adjacent property line. The term "required yard," where used within this chapter, refers to the minimum distance required by the regulations of a particular zoning district to be unobstructed by any building, structure, or projection thereof (other than steps), extending the full length of the adjacent property line. Also commonly referred to as "setback," "required setback," and "building setback line."

A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way line and the main building or any projection thereof other than steps. On corner lots, the front yard shall be considered as being adjacent to the street on which the lot has its least dimension.

A yard extending across the rear of a lot between side lot lines and being the minimum horizontal distance between the rear lot lines and the rear of the main building or any projection other than steps. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

A yard between the building and the side line of the lot and extending from the front yard line to the rear yard line and being the minimum horizontal distance between a side line and the side of the main building or any projection thereof other than steps.

The person serving as Director of Community Development or designee. See also "Administrator."

A specifically delineated section of the Town in which the regulations are uniform and so designated on the Zoning Map.

A legally adopted map depicting the location of each zoning district of the Town and all amendments thereto.

The flood having a 1% chance of being equaled or exceeded in any given year. It does not imply that no greater flood is likely to occur, nor that such a flood will not happen more often than once every 100 years.

Those areas for which no detailed flood profiles or elevations are provided, but the 1% annual chance floodplain boundary has been approximated.

A flood hazard zone with two categories defined below as:

Those areas on the FIRM accompanying the FIS with a 1% annual chance of shallow flooding, usually in the form of a pond, with an average depth ranging from one to three feet. These areas have a 26% chance of flooding over the life of a thirty-year mortgage.

Those areas of shallow flooding identified as AO on the FIRM accompanying the FIS.

For the purposes of this overlay, the 100-year flood. The flood having a 1% of being equaled or exceeded in any given year.

The Federal Emergency Management Agency designated 100-year water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community's flood insurance rate map. For the purposes of this overlay, the 100-year flood or 1% annual chance flood.

Any area of the building having its floor surface subgrade (below ground level) on any side.

A quasi-judicial board appointed to review appeals and requests for variances made by individuals with regard to decisions of the Administrator in the interpretation of this overlay.

Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations or storage of equipment or materials.

A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).

For the purposes of this Overlay, the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Structures for which the start of construction commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures" and "pre-FIRM."

See "existing construction."

An independent agency of the United States government that provides a single point of accountability for all federal emergency preparedness and mitigation and response activities.

The placing of any material which results in increasing the natural ground surface elevation.

The land located within the base flood area which includes the floodway and the approximated floodplain district.

An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudflow and/or flood-related erosion hazards.

Any land susceptible to being inundated by water from any source.

A combination of design modifications that results in a building or structure that is subject to flooding, including the attendant utility and sanitary facilities, being watertight with walls substantially impermeable to the passage of water.

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point within the community.

The floodway fringe encompasses the portion of the floodplain that could be completely obstructed without increasing the base flood elevation by more than 1.0 foot at any point.

A factor of safety usually expressed in inches or feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums may be less expensive.

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Any structure that is:

Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation (DCR) and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

An official FEMA determination, by letter, that amends or revises an effective FIRM or FIS. Letters of map change include:

The floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of 44 CFR § 60.3.

For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after September 29, 2010, and includes any subsequent improvements to such structures. For floodplain management or development 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 the Town of Abingdon and includes any subsequent improvements to such structures.

A structure for which construction or substantial improvement occurred on or after September 29, 2010.

A structure for which construction or substantial improvement occurred on or before September 29, 2010.

A vehicle which is:

A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a ten-year period, in which the cost of the repair, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in Section 5-7-13 of Article V, Division 7.

The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement, 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 a 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. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

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% of the market value of the structure before the damage occurred.

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% 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:

The failure of a structure or other development to be fully compliant with the Town of Abingdon's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the Code of Federal Regulations § 60.3(d)(3), National Floodplain Insurance Program regulations, is presumed to be in violation until such time as that documentation is provided.

A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Those areas of 0.2% annual chance flood or areas of 1% annual chance flood with average depths of less than one foot or with drainage areas less than one square mile.