For the purpose of this chapter, certain words and terms are defined as follows: Words used in the present tense include the future. Words in the singular include the plural and the plural includes the singular.

Abattoir means a commercial slaughter house.

Accessory use or structure means a subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building. An accessory structure is any structure detached from the main building.

Acreage means a parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.

Administrator, the means the official charged with the enforcement of the zoning ordinance. He may be any appointed or elected official who is by formal resolution designated to the position by the governing body. He may serve with or without compensation as determined by the governing body.

Agriculture means the tilling of the soil, the raising of crops, horticulture, aquaculture, forestry and gardening, including the keeping of animals and fowl and the necessary accessory uses for packing, grading, or storing the produce; provided however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

Agriculture, intensive means the commercial raising, breeding and keeping of animals in concentrated, confined conditions, which may include such operations as swine, veal, sheep, goats; houses and pens for poultry or other fowl; feed lots for beef, dairy cattle, swine, sheep, goats, and other animals; commercial vegetable plasticulture, including staked tomatoes; livestock markets and pet farms.

Alteration means any change in the total floor area, use, adaptability or external appearance of an existing structure.

Apartment house means a building which is owned by an individual person, firm or corporation which is to be leased as the residence of three or more families living independently of each other.

Aquaculture and mariculture means the cultivation of marine and freshwater fish or shellfish, such as oysters, clams, crayfish, and trout, under controlled conditions.

Automobile graveyard means any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, are located, and are incapable of being operated and which it would not be economically practical to make operative or are not currently licensed.

Automotive dismantling facility means a business holding a valid dealer's license and collecting state sales tax, whose primary concern is the recovery of automotive parts for resale and secondarily to distribute, by the recycling process, the residue for its scrap metal content.

Basement means a story having part but not more than one-half of its height below grade. A basement shall be counted as a story for the purpose of height regulations, if it is used for business purposes or for dwelling purposes, by other than a janitor employed on the premises.

Biofuels means a mixture of volatile, flammable hydrocarbons derived from plant material or animal waste and used as fuel. Biofuels include wood, sugars and starches from sugarcane, corn, and high-cellulose plants (such as switchgrass) that can be converted into ethanol. Biofuels also include oils from plants, such as the soybean or oil palm, and oils from animals, that can be chemically processed and blended with petroleum fuel to make biodiesel.

Boardinghouse means a building where, for compensation, lodging and meals are provided for at least five and up to 14 persons.

Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

Building, height of means the vertical height measured from the average elevation of the ground surface along the front of the building to the highest point of the roof if it is a flat roof, to the deck line of a mansard roof, or to the mean level between the eaves and ridge of a gable, hip, cone, gambrel, or shed roof.

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, overall height of means the vertical distance measured from the average elevation of the ground surface along the front of the building to the highest point of the roof.

Cellar means a story having more than one-half of its height below grade.

Chemical means an element, chemical compound or mixture of elements and/or compounds.

Coastal primary sand dune means as defined at Code of Virginia, § 62.1-13.22, as amended.

Commission, the means the Planning Commission of Accomack County, Virginia.

Condominium means individual ownership of a single unit or space in a multi-unit structure in which common ownership may exist of the land and other amenities as so specified in the source of title.

Dairy means a commercial establishment for the manufacture, processing and/or sale of dairy products.

District means a division of territory within Accomack County for the purpose of regulation of its use under the provisions of this chapter.

Dwelling means any structure which is designed for use for residential purposes, except hotels, boardinghouses, lodging houses, tourist cabins motels, manufactured homes, and travel trailers.

Dwelling, accessory means a subordinate dwelling unit located on the same lot occupied by the main dwelling unit, and is detached from the main dwelling unit. Accessory dwellings may be manufactured homes as defined herein. No accessory dwelling may exceed 1,200 square feet in floor area.

Dwelling, detachedmeans a dwelling unit not structurally connected or attached to any other dwelling.

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

Dwelling, single-family means a structure arranged or designed to be occupied by one family, the structure having only one dwelling unit. Category II manufactured homes shall be considered single-family dwellings, and shall not be subject to special use permits.

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

Dump heap (trash pile) means any area of 100 square feet or more lying within 1,000 feet of a state highway, a residence, a dairy barn or food handling establishment where trash, garbage or other waste or scrap material is dumped or deposited without being covered by a sanitary fill.

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 or motel.

Farm market means a permanent building or structure used for the retail sales of fresh fruits, vegetables, flowers, herbs, or plants; may also involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces, or baked goods, and homemade handicrafts. The floor area devoted to the sales of these accessory items shall not exceed 50 percent of the total sales area.

Farm stand means a temporary open-air stand or place for the seasonal selling of agricultural products produced on the premises. A farm stand is portable and capable of being dismantled or removed from the sales site.

Floor area ratio means the ratio of the total building floor area on a lot to the total lot area of the lot: Total floor area divided by total lot area equals floor area ratio.

Frontage means the minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line as defined and required herein.

Game preserves and conservation areas means land to be used for the purpose of conservation or the preservation of game on which no structure is to be erected except hunting blinds.

Garage, private means accessory building designed or used for the storage of private automobiles owned and used by the occupants of the building to which it is accessory.

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

General store means a single store which offers for sale general merchandise. Gasoline may also be offered for sale but only as a secondary activity of a general store.

Golf course means any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and building customary thereto, but excluding golf driving ranges as defined herein.

Golf driving range means a limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

Governing body means the Board of Supervisors of Accomack County, Virginia.

Hazardous chemical means one which is a physical hazard or a health hazard (see OSHA Standard 1910.1200 (the OSHA Haz-com standard)).

Hazardous processes or facilities means systems that contain or may normally or accidently create a hazardous chemical and where safe containment of the chemical may be lost.

HAZOP study (hazard and operability study) means structured and systematic examination of a planned or existing process or operation in order to identify and evaluate problems that may represent risks to personnel, the environment, or surrounding community.

Health hazard means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed people. The term "health hazard" includes chemicals which are carcinogens, toxic, or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.

Health official means the legally designated health authority of the State Board of Health for Accomack County or his authorized representative.

Historical area means a designated area, as indicated on the zoning map, to which the provisions of the chapter apply for protection of a historical heritage.

Home occupation means an occupation, profession, enterprise, or business activity conducted within a dwelling which is the residence of the principal practitioner, or conducted within an accessory building located on the same lot and clearly accessory to the dwelling. In order to qualify as a home occupation, an activity must be clearly incidental and subordinate tot he use of the dwelling unit as a residence, and must meet all of the following criteria:

(1)

Not more than 25 percent of the floor area of the main building shall be devoted to such activity;

(2)

Not more than one person who does not reside on the premises shall be employed on the premises in the conduct of the activity;

(3)

There shall be no exterior evidence of the secondary use, other than one sign not to exceed eight square feet in size.

(4)

Traffic generated by the proposed use shall be no greater in volume than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street.

Hospital means an institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanitariums, but in all cases excluding institutions primarily for mental or feeble-minded patients, epileptics, alcoholics or drug addicts. (Certain nursing homes, and homes for the aged may be "home occupation", if they comply with the definitions herein).

Hospital, special care means a special care hospital shall mean an institution rendering care primarily for mental or feeble-minded patients, epileptics, alcoholics or drug addicts.

Hotel means a building designed or occupied as the more or less temporary abiding place for 14 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.

Inn, bed and breakfast means an owner-occupied residence which has a maximum of five guest rooms within a single-family dwelling, the owners of which serve breakfast to paying guests.

Junk yard means the use of any area of land lying within 100 feet of a state highway or the use of more than 1,000 square feet of land area in any location for the storage, keeping or abandonment of junk including scrap metals or other scrap materials. The term "junk yard" shall include the term "automobile graveyard" as defined in the Code of Virginia, § 33.1-348, as amended.

Kennel means a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation.

Light industry means includes warehousing and light manufacturing uses which produce some noise, traffic congestion or danger, but which are of such limited scale or character that they present no serious hazard to neighboring properties from fire, smoke, noise or odors. Examples are lumber yards, warehouses, research laboratories, food preparation or processing, auto, truck, marine or farm machinery sales and/or service shops, bakeries, bottling plants, electronic plants, storage of farm implements, not connected with agriculture or horticulture, contractors storage-yards, tobacco warehouses steel or metal fabrication, and garment manufacturing.

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

Lot means a parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this ordinance, either shown on a plat of record or considered as a unit of property and described by metes and bounds.

Lot, cluster means a residential building lot within a rural cluster development that is smaller than the average lot size of the development, so as to allow a majority of the tract to be preserved in conservation lots and/or open space.

Lot, conservation means a residential building lot within a rural cluster development that is larger than the average lot size of the development and is permanently preserved for agricultural and/or open space uses.

Lot, conventional means a residential building lot that is the same size or greater than the minimum permitted lot.

Lot, corner means a lot abutting on two or more streets at their intersection. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets.

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

Lot, double-frontage (also "through lot") means a lot that has road frontage at both the front and rear lot lines; a double-front lot. Such lots shall be deemed to have two fronts, subject to setback requirements as defined in the district.

Lot, interior means any lot other than a corner lot.

Lot, width of means the average horizontal distance between side lot lines.

Lot of record means a lot, a plat or description of which has been recorded in the clerk's office of the Circuit Court.

Manufacture and/or manufacturing mean the processing and/or converting of raw, unfinished materials, or products; or the assembly of components, pieces or subassemblies, into articles or substances of different character, or for use for a different purpose. Processing on farms is not considered manufacturing if the raw materials are grown on the farm and if the manufacturing activities are on a small scale without the extensive use of paid labor.

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

Manufactured home, category II means manufactured homes in any district which comply with Virginia Manufactured Homes Safety Regulations and which are 55 feet or more in length and 14 feet or more in width and designed for transportation on a chassis or trailer, and placed on an approved permanent foundation shall be considered as single-family dwelling, and shall be permitted identically to such other dwellings, subject to the following:

(1)

Length-width ratio means the main portion of the home shall have a building length not exceeding six times the buildings width.

(2)

Roof pitch means the roof pitch shall be no less than 1:4.

(3)

Roofing material means the roofing material shall be either wood, asphalt, asbestos or fiberglass shingles.

(4)

Exterior finish means the exterior material shall be of the following types: Wood, aluminum or vinyl siding in six inch, eight inch, or ten-inch widths. Tempered and stone waterproof board, brick or stone fiberglass or stucco may be used. Siding and trim design shall be compatible and comparable with single-family dwellings.

(5)

Foundation means a continuous permanent masonry foundation, unpierced except for required ventilation and access shall be installed under all elements of the building. Footings for walls shall be below the frost line. The ground surface below the home shall be protected with a poly-vapor barrier. Installation shall include a positive surface water drainage away from the home.

(6)

Chassis removal means the dwelling shall have all wheels, axles, transporting light sand any other transporting devices completely removed from the structure.

Marina, commercial or club type means a marina designed and operated for profit or operated by any club or organized group where hull and engine repairs, boat and accessory sales, packaged food sales, restaurants, personal fueling facilities, storage and overnight guest facilities or any combination of these are provided.

Marina, private non-commercial means a marina designed and intended to be used for mooring of boats by residents of the general neighborhood with no commercial facilities other than necessary for minor servicing and repairs.

Mass drainfield means a sewage disposal system or systems which will discharge effluent to a single absorption area or multiple absorption areas with or without combined flow, such that the loading rate applied to any acre, as determined by the health department, exceeds 1,200 gallons per day.

Modular home means a home constructed at the manufacturer's facility and towed on a highway in sections for assembly at a site, not a mobile home.

Mobile home means a transportable, factory built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. This definition shall not include self-propelled motor vehicles.

Mobile home park means any site, lot, tract of land upon which is located or on which anyone proposed to locate four or more mobile homes, regardless of whether the lots are rented or sold. This definition shall not apply to an area specifically used for display of mobile homes by a mobile home sales agency.

Motel means one or more buildings containing individual sleeping rooms, designed for or used temporarily by tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of the ordinance for the district in which it is located.

Nonconforming activity means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located.

Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this chapter or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located.

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

Open space means an area of land that is valued for natural processes and wildlife, for agricultural and silvicultural production, for active and passive recreation, and/or for providing other public benefits.

Pen means a small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop. Enclosed pasture or range with an area in excess of 100 square feet for each hog or small animal or 200 square feet for each larger animal shall not be regarded as a pen.

Physical hazard means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.

Power plant means a complex of structures, machinery, and associated electrical generating equipment powered by energy sources such as, but not limited to, coal, oil, diesel, gas, wind, or nuclear energy. This definition does not include emergency generators operated as an accessory use.

Required open space means any space required in any front, side or rear yard.

Restaurant means any building in which for compensation, food or beverages are dispensed for consumption on or off the premises.

Retail stores and shops means building for display and sale of merchandise at retail or for the rendering of personal services but specifically exclusive of coal, wood and lumber yard.

Sanitary landfill means an area used for the sanitary disposal of solid waste by compacting and covering with earth on a daily basis.

Sawmill means a permanent sawmill located on public or private property of the processing of timber.

Seafood market means a permanent building or structure used for the retail sales of fresh or frozen seafood. May also involve the accessory sales of other items and foodstuffs needed for the preparation of seafood. The floor area devoted to the sales of these accessory items shall not exceed 50 percent of the total sales area.

Seafood stand means a temporary open air stand or place for the seasonal selling of fresh seafood products. A seafood stand is portable and capable of being dismantled or removed from the sales site.

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

Sign means any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof, by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to, or as a part of a structure, surface or any other thing, including, but not limited to, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which same is located.

Sign structure means and includes the supports, uprights, bracing and/or framework of any structure, be it single-faced, double-faced, V-type or otherwise exhibiting a sign.

(1)

Business sign means a sign which directs attention to a product, commodity or service available on the premises.

(2)

Directional sign means a sign (one end which may be pointed, or on which an arrow may be painted, indicating the direction to which attention is called), giving the name and approximate location only of the firm or business responsible for the erection of same.

(3)

General advertising sign means a sign which directs attention to a product, commodity or service not necessarily conducted, sold or offered upon the same lot where such sign is located.

(4)

Home occupation sign means a sign directing attention to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling.

(5)

Temporary signs means a sign applying to a seasonal or other brief activity such as, but not limited to, summer camps, horse shows, auctions or sale of land.

Solar energy system, large, means a private solar energy conversion system consisting of photovoltaic panels, support structures, and associated control or conversion electronics that has a maximum power of not more than 999 kW, which will be used primarily to reduce onsite consumption of utility power for commercial and industrial applications.

Solar energy system, small, means a private solar energy conversion system consisting of photovoltaic panels, support structures, and associated control or conversion electronics that has a maximum power of not more than 15 kW, which will be used primarily to reduce onsite consumption of utility power for residential, noncommercial, small commercial, and small industrial applications.

Solar energy system, utility scale, means a solar energy conversion system consisting of photovoltaic panels, support structures, and associated control or conversion electronics, which has a rated capacity more than one MW or greater to provide electricity to the local utility provider.

Story means that portion of building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there be no floor above it, the space between floor and the ceiling next above it.

Story-half means a space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished for use.

Street, (road) means a public thoroughfare.

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

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Tourist home means a dwelling where only lodging is provided for compensation for up to 14 persons (in contradiction to hotels and boardinghouses) and open to transients.

Townhouse means a single-family dwelling that is connected to a similar house by a common sidewall having individual ownership of unit and property and having fee simple title.

Travel trailer means a portable structure build on a chassis, designed to be used as a temporary occupancy for travel, recreation or vacation, being less than 36 feet in length.

Travel trailer park or travel trailer camp means premises where travel trailers are parked temporarily in conjunction with travel, recreation or vacation.

Use, accessory means a subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

Utility distribution facilities means pipes, poles and wires, transformers, minor relay stations, meters, pump stations, switching stations, antennae, and other minor facilities for the distribution of utilities.

Utility plant facilities means power plants, major relay stations, tank farms, and other major facilities for the generation or bulk distribution of utilities.

Vacation cottages or cabins means one or more buildings constructed independently of each other, designed for or used temporarily by tourists or transients. Cooking facilities may be provided for each unit. Such structures shall not be considered as single-family dwellings.

Variance means a variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.

Village green means a parcel of land that is bordered, and spatially defined mostly by a combination of residential lots, streets and dwellings, but is open for passive recreational use, and which contains lawns, shade trees and/or landscaped areas. Paved pedestrian walkways and sitting or play areas may cover up to 25 percent of a green. Greens may be publicly owned or owned in common by a property owners association.

Water and sewage disposal facilities, individual means individual facilities, completely contained within a lot, for the provision of water and disposal of sewage, generally consisting of a septic tank and well.

Water and sewer facilities, central means a privately owned and privately operated water and/or sewage treatment system integrated within and not separated from the development wherein it serves more than one lot or customer.

Water and sewer facilities, public means a water or sewage treatment system owned and operated by a municipality or county, serving more than one lot or customer.

Water and sewer facilities, remote means a privately owned and privately operated water or sewage treatment system, serving more than one lot or customer, and including well(s), drainfield(s), and/or other components located on property that is not within or contiguous to any lot, parcel, or portion of the development which it serves.

Water and sewerage system, public or central means a water or sewage treatment system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation, serving more than one lot.

Wayside stand, roadside stand, wayside market means any structure or land used for the sale of agricultural or marine products.

Wetlands means as defined at Code of Virginia, § 62.1-13.1 et seq., as amended.

Wetlands off-site compensatory mitigation site means the creation, restoration, enhancement and/or preservation of wetlands for purposes of providing off-site compensatory mitigation for project impacts to wetlands, including wetlands mitigation banks for the sale of mitigation bank credits or in-lieu fee program credits, and permittee-responsible off-site mitigation areas. Permittee-responsible off-site mitigation shall mean compensatory mitigation for which the permittee retains full responsibility located in an area that is neither located on the same parcel of land as the impact site, nor on a parcel land contiguous to the parcel containing the impact site.

Wind energy system, large, means a wind energy conversion system consisting of one or more wind turbine(s), a tower(s), and associated control or conversion electronics, which has a rated capacity of not more than 999 kW.

Wind energy system, small means a private wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics that has a maximum power of not more than 50 kW, which will be used primarily to reduce onsite consumption of utility power.

Wind energy system, utility scale, means a wind energy conversion system consisting of more than one wind turbine(s), a tower(s), and associated control or conversion electronics, which has a rated capacity of more than one MW or greater.

Yard means an open space on a lot other than a court unoccupied and unobstructed from the ground upward by structures except as otherwise provided herein.

(1)

Front yard 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.

(2)

Rear yard means an open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps) and the rear line of the lot and extending the full width of the lot.

(3)

Side yard means an open, unoccupied space on the same lot as a building between the side line of the building (excluding steps) and the side line of the lot, and extending from the front yard line to the rear yard line.

(Ord. of 6-20-2001(2); Ord. of 6-29-2006; Ord. of 4-18-2007; Ord. of 11-18-2009(2); Ord. of 12-2-2009; Ord. of 1-13-2010(1); Ord. of 2-23-2011(1); Ord. of 2-23-2011(2); Ord. of 5-17-2023; Ord. of 07-09-2025(1))