For the purpose of this chapter, certain words and terms are defined as follows:

(1)

The term "used" or "occupied" includes the phrase "intended, designed or arranged to be used or occupied."

(2)

The term "lot" includes the term "plot" or "parcel."

(3)

The term "building" includes the term "structure."

(4)

The terms "land use" and "use of land" shall be deemed also to include the terms "building use" and "use of a building."

(5)

The term "county boundary" means any exterior boundary of the county.

(6)

The term "construction standards" means those construction standards as approved by the county Board of Supervisors and the county building official or inspector and included in the Uniform Statewide Building Code.

(7)

The term "adjacent" means nearby, and not necessarily contiguous.

If any dispute occurs over the meaning of a word, phrase or a sentence of this chapter, whether defined in this chapter or not, the building official, unless and until such time as a zoning administrator may be designated as the enforcement official, is authorized to make a definitive determination thereof, being guided in such determination by the purposes and intent of this chapter as set forth in article I of this chapter; provided, however, that an appeal may be taken from any such determination as provided in article XVI of this chapter.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abuse shelter means a facility providing temporary protective sanctuary for victims of crime or abuse including emergency housing during crisis, and intervention for individuals, such as victims of rape, child abuse, or physical violence. (Ord. No. 00-3, 8-1-00)

Accessory means a subordinate use or structure that is clearly and customarily incidental to and located upon the same lot occupied by the main use or structure. (Amdmt. No. O-02-8, 10-1-02)

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.

Adult book store means an establishment having, as a substantial or significant portion of its stock-in-trade and offers for sale books, magazines or other periodicals, photographs, films, tapes, pictures or other media matter, which are distinguished or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material. This definition includes, but is not limited to, adult motion picture theaters. (Ord. No. 00-3, 8-1-00)

Agricultural, commercial means the use of land, structure, or building for the purpose of buying, selling, or the processing, storage, and supply of commodities and services that support agricultural operations. (Amdmt. No. O-09-3, 5-19-09)

Agriculture means the tilling of the soil, the raising of crops, horticulture, forestry and gardening, including the keeping of animals, livestock and fowl, and including any commercial agricultural industry or business, such as fruit packing plants, dairies, or similar uses. Animals, for the purpose of this definition, does not include household pets as defined in this chapter. (Amdmt. No. O-02-8, 10-1-02; Amdmt. No. O-09-3, 5-19-09)

Airport means a place where aircraft may take off and land, may discharge or receive cargoes and passengers, may be repaired, may take on fuel or may be stored. (Amdmt. No. 98-1, 4-21-98)

Airstrip means a runway without normal airport facilities.

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

Amusement park means a commercial-recreational establishment where permanent buildings or structures have been erected for the purpose of a circus or carnival or similar exhibition, or midway show or sideshow and where classes of amusement and recreation are provided such as mechanically or electronically operated rides and food vendors. (Ord. No. 00-3, 8-1-00)

Animal hospital or veterinary office means a building or structure in which facilities are provided for the prevention, cure and alleviation of disease and injury to animals and in conjunction with which there may be shelter provided, within the building or structure, during the period of treatment. Short-term room and board of animals may be available. (Ord. No. 00-3, 8-1-00)

Antique shop means a commercial establishment which is used primarily for the indoor display and retail sale of a variety of merchandise including glassware, silverware, furniture, curios and collectible for which the value is derived from age, rarity and materials of historic periods. Flea markets are not included in this definition. (Ord. No. 00-3, 8-1-00)

Apartment house means a building used or intended to be used as the residence of three or more families living independently of each other.

Asphalt plant means an establishment engaged in the manufacturing or mixing of materials derived from asphaltic mixtures or tars. (Ord. No. 00-3, 8-1-00)

Assembly means an establishment where manufactured parts are put together to make a completed product. (Ord. No. 00-3, 8-1-00)

Assembly/meeting hall means a building or part of a building used for the gathering together of a group of individuals for a specific function, such as public meetings. (Ord. No. 00-3, 8-1-00)

Assisted living facility means a facility for the residence of semi-dependent living, containing two or more dwelling units for four or more persons within which are provided living and sleeping facilities, as well as various other services such as meal preparation, laundry services and the like. Excluded from this definition are drug and rehabilitation centers, halfway houses, homeless shelters, or other similar uses. (Amdmt. No. O-09-3, 5-19-09)

Assisted living facility, residential means a residential dwelling that provides or coordinates personal and health care services and assistance under 24-hour supervision for the maintenance and care of at least four and no more than eight adults, not related by blood or marriage, but who are aged, infirm, or disabled and need at least a moderate level of assistance in daily living activities. Refer to the Code of Virginia, § 63.1-17 for exceptions to this definition. The definition does not include a group home as defined. (Code of Virginia § 63.1-17) (Amdmt. No. O-02-8, 10-1-02)

Auction house means a building used on a frequent basis for the sale of goods or real estate to the highest bidder by an auctioneer licensed by the state. This definition assumes the auction takes place within a building. Open-air auctions, such as vehicle auctions, are not included in the definition. (Amdmt. No. 99-3, 4-6-99)

Automobile repair service or shop, major means an establishment engaging in the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, welding, and major painting in relation to the repair of vehicles, non-mechanical car washing and detailing, repairs and maintenance of large trucks or other large vehicles, with all storage areas enclosed by fencing or contained in a building. (Amdmt. No. O-09-3, 5-19-09)

Automobile repair service or shop, minor means the replacement or repair of any automobile part that does not require removal of the engine head or pan, engine transmission, or differential, but may include limited incidental body and fender work, minor painting and upholstery service, non-mechanical car washing and detailing, with all storage areas enclosed by fencing or contained in a building. (Amdmt. No. O-09-3, 5-19-09)

Bank/financial office means an establishment for the custody, loan, exchange, or issue of money or the extension of credit, or for facilitating the transmission of funds. (Ord. No. 00-3, 8-1-00)

Barber shop or beauty shop means a business establishment for the cutting and dressing of hair, hair treatment, manicures, facials, shaving or trimming of beards and performing related services including tanning salons. (Ord. No. 00-3, 8-1-00)

Base flood means the flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter and other ordinances have been prepared; for purposes of this chapter, the 100-year flood which is the flood having a one-percent change of being equaled or exceeded in any given year. (Ord. No. O-10-4, 9-21-10)

Base flood elevation means the Federal Emergency Management Agency designed 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 purpose of this regulation, the 100-year flood or one-percent annual chance of flooding occurring. (Ord. No. O-10-4, 9-21-10)

Basement means an area of the building having its floor subgrade (below ground level) on all sides. (Ord. No. 00-3, 8-1-00)

Bed and breakfast homestay means the use of a single-family dwelling involving the rental of up to four rooms to overnight guests and offering breakfast meals only to such guests. (Amdmt. No. 92-5, 7-15-92; Amdmt. No. O-02-2, 2-19-02)

Bed and breakfast inn means the use of a single-family dwelling as a commercial establishment involving the rental of up to 20 rooms to overnight guests, and which may include a restaurant serving the general public as well as overnight guests. (Amdmt. No. 92-5, 7-15-92; Amdmt. No. O-02-2, 2-19-02)

Beginning of construction or use means, for the purpose of zoning requirements, the filing of required documentation with the state agencies or the county such as a building permit application, structural drawings, erosion and sedimentation control plans, or the start of excavation, site preparation work. This shall also include proof of filing documentation with other agencies or utility companies that is required for the development of the site or for the use of the site that has been approved. Also see definition for "start of construction". (Amndmt. No. O-09-3, 5-19-09; Ord. No. O-10-4, 9-21-10)

Beverage distributor or bottling plant means an establishment engaged in manufacturing, processing and/or bottling, packaging and storage of beverages for wholesaling and distribution. This use may include incidental direct sale to consumers of products manufactured on-site, souvenirs, and ancillary tasting facilities for the public. (Ord. No. 00-3, 8-1-00; Amdmt. No. O-09-3, 5-19-09)

Billiard parlor or pool room means an establishment which provides billiard and/or pool tables for profit. (Ord. No. 00-3, 8-1-00)

Blacksmith shop means a commercial establishment where iron is forged. (Ord. No. 00-3, 8-1-00)

Boardinghouse means a residential building where, for compensation, lodging, or lodging and meals are provided for an extended period of time for at least five and up to 14 persons, not including members of the proprietor's immediate family. This definition does not include hotels, motels, or lodges. (Amdmt. No. O-02-2, 2-19-02)

Boat dock means a boat basin with docks, boat slips, mooring facilities, supplies and equipment for boats, and associated facilities serving boat users. (Ord. No. 00-3, 8-1-00)

Boat manufacturer means an establishment engaged in the manufacture, construction, and assembly of watercraft. (Ord. No. 00-3, 8-1-00)

Bowling alley means a building used for the purpose of bowling and may contain supporting activities including, but not limited to, electronic games, pool tables or food areas. (Ord. No. 00-3, 8-1-00)

Buffering or screening means any device or natural growth or a combination thereof, which serves as a barrier to vision or noise between adjoining properties or for public safety, wherever required by this chapter. Whenever used for screening or buffering purposes, the term "natural growth" shall include coniferous trees, bushes and shrubbery. (Amdmt. No. 98-1, 4-21-98)

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

Building, accessory means a subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for dwelling purposes. Accessory buildings or uses may include, but are not limited to, detached garages, detached carports, swimming pools, and storage buildings. (Amdmt. No. O-02-8, 10-1-02)

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

Building, main means the principal structure or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.

Building official means the official charged with the enforcement of the floodplain ordinance, or a zoning administrator may be designated as the enforcement official. The building official or the zoning administrator, as the case may be, may be any appointed or elected official who is by formal resolution designated to the position by the Board of Supervisors. The enforcement official may serve with or without compensation as determined by the Board of Supervisors.

Bulk petroleum storage means the storage of petroleum products in above-ground or underground containers for subsequent resale to distributors, retail dealers or outlets. (Ord. No. 00-3, 8-1-00)

Bus passenger station means a building or premises where commercial motor vehicles pick up and discharge fare paying passengers. Accessory uses may include ticket offices, luggage checking facilities and similar uses. (Ord. No. 00-3, 8-1-00)

Business and trade school means a specialized instructional establishment which provide on-site training of business, commercial and/or trade skills, such as accounting, data processing and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zone. (Ord. No. 00-3, 8-1-00)

Cabinet, furniture and upholstery shop means an establishment engaged in the making of cabinets, furniture, or related items and engaged in the replacement of upholstery of the same. (Ord. No. 00-3, 8-1-00)

Carwash means a building or part of a building containing facilities for washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes. (Ord. No. 00-3, 8-1-00)

Cemetery means land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. (Ord. No. 00-3, 8-1-00)

Child care center means any facility operated for the purpose of providing care, protection and guidance to two or more children separated from their parents or guardian during a part of the day only, except (i) a private family home offering care to five or fewer children, (ii) a group family day care home, (iii) a public school or a private school unless the state determines that such school is operating a child care center outside the scope of regular classes, (iv) a recreation program operated primarily for recreational development and instruction at a public or private school or facility unless the state determines that such program is child care outside the scope of regular recreational programs, and (v) a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services. An hourly child care service providing care to children on an occasional basis shall be subject to applicable child care center standards. On applying those standards, due consideration shall be given to the number of children in care, the maximum hours any child is in care and the type of service provided. This use must meet the necessary state licensing requirements. (Amdmt. No. 92-5, 7-15-92)

Church means a building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship. (Ord. No. 00-3, 8-1-00)

Club means an organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided it is not conducting any vending stands, merchandising or commercial activities except as required generally for membership and purposes of such club.

Coalyard means a commercial establishment engaged in the storage of coal for sale to the general public. (Ord. No. 00-3, 8-1-00)

Coin laundry means a commercial establishment providing coin operated washing machines and dryers to be used by the general public for the purpose of laundering clothes or related articles. (Ord. No. 00-3, 8-1-00)

Commercial stable means the boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies. (Ord. No. 00-3, 8-1-00)

Concrete/cement plant means an establishment engaged in the manufacturing or mixing of concrete, cement or mortar type materials derived from sand, gravel, or other related materials. (Ord. No. 00-3, 8-1-00)

Condominium means a single unit in a multi-unit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property. (Ord. No. 00-3, 8-1-00)

Contractor's equipment storage or yard means land used for storage or construction equipment, supplies, and materials, or where a contractor performs shop or assembly work. This definition may also include a contractor's office space when storage of equipment is involved. (Ord. No. 00-3, 8-1-00; Amdmt. No. O-09-3, 5-19-09)

Convenience store means a retail establishment up to 3,000 square feet selling primarily food products, household items, newspapers and magazines, candy and beverages, and a limited amount of prepared foods such as sandwiches and salads for off-premises consumption. (Amdmt. No. O-09-3, 5-19-09)

Country club means an establishment operated by a nonprofit organization to provide facilities for dining, golf, tennis or swimming to its private membership. (Ord. No. 00-3, 8-1-00)

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

Dance hall means an establishment intended primarily for dancing and entertaining within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only. This does not include the adult topless or bottomless entertainment business or similar type dance activities. (Ord. No. 00-3, 8-1-00)

Detention facility or penal institution means a building or buildings for the confinement of those convicted of a crime, such as jails, prisons, workhouses, house of correction, and other correctional institutes. (Ord. No. 00-3, 8-1-00)

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (Amdmt. No. 92-5, 7-15-92)

Distribution means an establishment which markets and supplies goods, and may include the sale of merchandise at wholesale. (Ord. No. 00-3, 8-1-00)

District, zoning means district, as referred to in Code of Virginia, § 15.2-2280. For purposes of this chapter, a district shall be a portion of the area within the county where a given class of uses and activities are permissible under an established set of guidelines and provisions in this chapter.

Dwelling means any structure which is designed for use for residential purposes, except hotels, boardinghouses, lodginghouses, tourist cabins, apartments and automobile trailers.

Dwelling, multifamily means a structure arranged or designed to be occupied by three or more families, regardless of method of ownership. Structures considered to be multifamily include apartments, townhouses and condominiums. (Amdmt. No. 98-1, 4-21-98)

Dwelling, single-family means a structure arranged or designed for living or sleeping purposes, and having only one dwelling unit. This definition includes modular homes as defined, but excludes mobile homes, manufactured homes, or recreational vehicles, as defined. (Amdmt. No. O-02-8, 10-1-02)

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

Dwelling unit means a single unit providing complete independent living facilities for one or more persons including provisions for living, sleeping, eating, cooking and sanitation. (Amdmt. No. O-99-7, 7-20-99)

Elevated building means 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). (Ord. No. O-10-4, 9-21-10)

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development within the floodplain which impede or alter the flow and the capacity of a floodplain. (Ord. No. O-10-4, 9-21-10)

Equipment means heavy machinery and equipment that would be used by contractors, such as backhoes and loaders. (Ord. No. 00-3, 8-1-00)

Family day care home means any private family home in which not more than five children, except children related by blood or marriage to the person who maintains the home, are received for care, protection and guidance during only part of the 24-hour day. (Amdmt. No. 92-5, 7-15-92)

Farm animal means animals, other than household pets, that are kept and maintained for commercial production and sale, family food production, education, or recreation, which includes but is not limited to livestock and poultry as defined in this chapter. (Amdmt. No. O-02-8, 10-1-02)

Farm structure means any structure, enclosed or open, which is used in a farming operation that is not inhabited by humans. (Ord. No. 00-3, 8-1-00)

Farming, general means any tract of land which is used for dairying or for the raising of agricultural products, forest products, livestock, farm animals, or poultry and including facilities for the sale of such products from the premises where produced, provided that a farm shall not be construed to include intensive livestock, dairy, or poultry facilities as defined in Article XX of this chapter, cattle feeder lots, and fur-bearing animal farms. (Ord. No. 00-3, 8-1-00; Amdmt. No. O-02-8, 10-1-02)

Fill means the placing, storage or dumping of any material, such as, by way of illustration but not of limitation, earth, clay, sand, concrete, rubble or waste of any kind, upon the surface of the ground which results in increasing the natural ground surface elevation.

Flea market means occasional or periodic sales activity held within a building, structure or open area where groups of individual sellers offer goods, new and used, for sale to the public. This use does not include private garage sales or yard sales. (Ord. No. 00-3, 8-1-00)

Flood means:

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters.

b.

The unusual and rapid accumulation of runoff of surface waters from any source.

c.

Mud slides (i.e., mudflows) which are approximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current or precipitated by accumulations of water on or under the ground.

Normally a flood is considered as any temporary rise in a stream flow or stage that results in significant adverse effects in the vicinity. Adverse effects may include damages from overflow of land areas, temporary backwater effects in sewer and local drainage channels, creation of unsanitary conditions or other unfavorable situations by deposition of materials in stream channels during flood recessions, rise of groundwater coincident with increased stream flow and other problems.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves, currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)a. of this definition.

(3)

An area of shallow flooding (i.e., sheet flooding) 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. (Ord. No. O-10-4, 9-21-10)

Flood insurance rate map (FIRM) means an official map of a community, on which there has been, delineated both the special hazard area 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). (Ord. No. O-10-4, 9-21-10)

Flood insurance study (FIS) means an examination 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. (Ord. No. O-10-4, 9-21-10)

Floodplain means any land area susceptible to being inundated by water from any source. (Ord. No. 00-3, 8-1-00)

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (Ord. No. O-10-4, 9-21-10)

Floodway means 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. (Ord. No. 00-3, 8-1-00; Ord. No. O-10-4, 9-21-10)

Forestry means the use of land for the raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with an approved land development, which shall be considered accessory to the development of the property. (Ord. No. 00-3, 8-1-00)

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. (Ord. No. 00-3, 8-1-00)

Funeral home or mortuary means an establishment in which the human dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services, space for funeral services and informal gatherings, and the display of funeral equipment. (Ord. No. 00-3, 8-1-00)

Frontage means the 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 setback line as defined and required in this chapter.

Garage, residential, means a structure that is to contain the storage of personal vehicles or personal items and is considered the main use of a parcel where a dwelling has not been or will not be constructed. This structure is not to be used for commercial purposes. (Amdmt. No. O-02-2, 2-19-02)

Garage apartment means a private, detached garage that has one dwelling unit located in the story above the automobile parking story. (Amdmt. No. 92-5, 7-15-92)

Garden center or plant nursery means a building, structure, or land, or part thereof, used for the growing of sod, flowers, bushes, shrubs, trees or other plants, gardening, landscaping or orchard stock for wholesale or retail sale, and may also include the sale of related accessory supplies. (Ord. No. 00-3, 8-1-00)

General store, country means a single store, the ground floor area of which is 4,000 square feet or less and which offers for sale, primarily, most of the following articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines and general hardware articles. Gasoline and automotive products may also be offered for sale.

Gift shop means a commercial establishment which is used primarily for the indoor display and retail sale of a variety of merchandise, including glassware, silverware, furniture, curios, souvenirs or related items. Flea markets are not included in this definition. (Ord. No. 00-3, 8-1-00)

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

Group family day care home means any private family home in which no fewer than six and no more than 12 children are received for care, protection and guidance for monetary remuneration during only a part of the day. Once a child who does not reside in the home is received for care in exchange for monetary remuneration, all children receiving care count in the size of the group. This use must meet the necessary state licensing requirements. (Amdmt. No. 92-5, 7-15-92)

Group home means a residential dwelling in which no more than eight mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons, as residential occupancy by a single family. For the purposes of this subsection, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in § 54.1-3401 of the Code of Virginia. (Code of Virginia § 15.2-2291(A)) (Ord. No. 00-3, 8-1-00; Amdmt. No. O-02-8, 10-1-02)

Gypsum manufacturer means an establishment engaged in the manufacturing of gypsum type materials including plaster, portland cement, wallboard and fertilizers. (Ord. No. 00-3, 8-1-00)

Health club or gym means an indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi or sauna, and pro shops. These facilities may also include private gymnasiums, athletic, health or recreational clubs, reducing salons, weight control establishments, weight trailing facilities, aerobic exercise floors, racquetball courts, swimming pools and similar athletic facilities. (Ord. No. 00-3, 8-1-00)

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (Ord. No. O-10-4, 9-21-10)

Hog farm means a property where more than two swine, weighing over 55 pounds each, are raised and kept. A one-acre minimum is required for a hog farm. This definition does not include an intensive livestock, dairy and poultry facility, as defined and regulated in this chapter. (Amdmt. No. 95-2, 4-4-95)

Home occupation means the use of part of a single-family dwelling or an accessory building for financial gain, providing the following criteria are met (Amdmt. No. 93-4, 8-17-93; Amdmt. No. O-02-2, 2-19-02):

(1)

General restrictions:

a.

No dwelling or structure shall be altered, occupied, or used in a manner which would cause the premises to differ from a character consistent with the residential use or neighborhood. The use of colors, lighting, materials, construction, or other means inconsistent with a residential use shall be prohibited.

b.

The use of toxic, explosive, flammable, radioactive, or other hazardous materials shall not be used, sold, or stored on the site.

c.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by the family.

d.

No additional vehicular or pedestrian traffic shall be generated by such home occupation in a greater volume than would normally be expected in a residential neighborhood.

e.

No equipment or process shall be used in such home occupation which creates noise, vibrations, glare, fumes, odors, or electrical interference. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, phone, or television receivers off the premises.

f.

There shall be no show window display to attract customers, clients, or the general public.

g.

Any need for parking generated by the conduct of such home occupation, shall be off the street. (See Article XXIII, Off-Street Parking Requirements.)

h.

No outside lighting shall be allowed in association with the home occupation.

i.

Boardinghouses, bed and breakfast inns, bed and breakfast homestays, private educational institutions, the sale of firearms, or other uses specifically listed in any established zone classification, unless the criteria for a home occupation is met, shall not be deemed home occupations.

j.

The hours of operation shall not exceed 7:00 a.m. to 9:00 p.m.

k.

For group instruction, no more than five students at one time shall be allowed.

(2)

Additional restrictions for home occupations, Type I (acceptable in AR only):

a.

At least one member of the family residing on the premises shall be engaged in such occupation. Two persons who do not reside on the premises may be engaged or employed in the home occupation.

b.

Not more than 25 percent of the floor area of the dwelling unit or 1,000 square feet, if conducted in an accessory building, shall be used in the conduct of the home occupation.

c.

Outside storage of goods, products, equipment, or other materials associated with the home occupation are acceptable as long as it is not visible from the public right-of-way or adjacent property.

d.

For the use of a home occupation that is to be utilized strictly as "office space" for a general contractor or someone who performs work off-site, the following additional requirements shall apply. These types of home occupation uses would include, but are not limited to, general building contractor, electrical contractor, excavating contractor, well and septic installation contractor, or pulp wood cutter.

1.

The office can not be open to the public.

2.

Only two pieces of heavy equipment shall be allowed.

3.

Equipment shall be parked off the street and placed in a fully enclosed building, or shielded or screened from view.

4.

No work can be performed on site relating to the home occupation.

(3)

Additional restrictions for home occupations, Type II (acceptable in AR, R-1, and R-2):

a.

At least one member of the family residing on the premises shall be engaged in such occupation. Only one person who does not reside on the premises may be engaged or employed in the home occupation.

b.

No more than 25 percent of the floor area of the dwelling unit or 600 square feet, if conducted in an accessory building, shall be used in the conduct of the home occupation.

c.

No outside storage of goods, products, equipment, or other materials associated with the home occupation is acceptable.

d.

For the use of a home occupation that is to be utilized strictly as "office space" for a general contractor or someone who performs work off-site, the following additional requirements shall apply. These types of home occupation uses would include, but are not limited to, general building contractor, electrical contractor, excavating contractor, well and septic installation contractor, or pulp wood cutter.

1.

The office can not be open to the public.

2.

No storage of heavy equipment shall be allowed unless it is placed in a fully enclosed building.

3.

No work can be performed on site relating to the home occupation.

e.

No signs shall be displayed.

f.

Retail sales are not permitted on site; however, phone, mail, and Internet sales are permitted as well as off-site sales of the products relating to the home occupation.

Hospital means an institution rendering medical, surgical, obstetrical or convalescent care, including homes for the aged and sanatoriums, but in all cases excluding institutions primarily for mental or feeble-minded patients, epileptics, alcoholics or drugs 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 usually made for cooking in individual rooms or suites.

Household pet means an animal that is tamed or adapted to live in intimate association with people and are generally kept within the dwelling, caged, or penned. This definition includes dogs, cats, rabbits, birds, and hamsters, but does not include animals defined as livestock or poultry. (Amdmt. No. O-02-8, 10-1-02)

Hunting club means a building or land used as a club by private membership for the purpose of hunting or the pursuit of game or prey for food or sport. (Ord. No. 00-3, 8-1-00)

Industrial means and includes, storage, manufacture, preparation, processing or repair of any article, substance or commodity in the conduct of the industrial trade. (Ord. No. 00-3, 8-1-00)

Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (Amdmt. No. O-02-8, 10-1-02)

Junkyard means an establishment or place of business, which is maintained, operated, or used for storing, keeping, buying, or selling junk. Junkyards shall comply with the criteria established in the Code of Virginia § 33.1-348. (Amdmt. No. O-02-8, 10-1-02)

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

Laboratory means an establishment providing analytical or testing services, including, but not limited to, chemical labs, dental-medical labs, optical labs, and labs conducting mechanical, electrical, physical or environmental tests, vibration analysis, cryogenics, and research and development. (Ord. No. 00-3, 8-1-00)

Library means a building containing printed and pictorial material for public use for purposes of study, reference and recreation. (Ord. No. 00-3, 8-1-00)

Life care facility means a facility which may include a full range of living arrangements for the elderly and/or disabled persons progressing from independent living in single-family units to congregate apartment living, where semi-dependent residents share various common facilities and services, to a nursing home facility for dependent residents providing a full range of support and nursing care. (Amdmt. No. O-09-3, 5-19-09)

Lime manufacturer means an establishment engaged in the manufacture of lime or lime products. (Ord. No. 00-3, 8-1-00)

Livestock means, but is not limited to, cattle, sheep, swine, goats, llamas, horses, mules, or any other equine, bovine, or hoofed animals. (Amdmt. No. O-02-8, 10-1-02)

Livestock market means a commercial establishment wherein livestock is collected for sale and is sold or auctioned. (Ord. No. 00-3, 8-1-00)

Lodge means a facility providing temporary lodging in conjunction with an outdoor recreational activity such as golfing or skiing. (Ord. No. 00-3, 8-1-00)

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, widths and areas as are required by this chapter, and having frontage upon a street right-of-way either shown on a plat of record or considered as a unit of property and described by metes and bounds.

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

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

Lot, double frontage means an interior lot having frontage on two streets.

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

Lot of record means a lot which has been recorded in the clerk's office of the circuit court.

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

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, unusable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a buildings lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevated designed requirements of Federal Code 44CFR, § 60.3. (Ord. No. 00-3, 8-1-00; Ord. No. O-10-4, 9-21-10)

Machine shop means a commercial establishment in which metal parts are cut to the size required or put together to form mechanical units for machines. (Ord. No. 00-3, 8-1-00)

Manufacture or manufacturing means the processing or converting of raw, unfinished materials or products into articles of different character or for use for a different purpose.

Manufactured home means a structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single dwelling unit, 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 (Code of Virginia, § 36-85.2 et seq.). This definition applies to mobile home units built after June 15, 1976. For floodplain management purposes includes travel trailers or other similar vehicles placed on a site for greater than 180 consecutive days, but does not include a recreational vehicle. (Amdmt. No. 90-3, 4-18-90; Amdmt. No. O-02-8, 10-1-02; Ord. No. O-10-4, 9-21-10)

Masonry block manufacturer means an establishment engaged in the manufacturing of masonry block, including, but not limited to, cinderblocks or bricks. (Ord. No. 00-3, 8-1-00)

Massage parlor means any premises or part thereof where massages are given, offered or solicited in pursuance of a trade or calling, business or occupation provided that the service is rendered by a person duly trained, licensed, and registered under the appropriate statute. (Ord. No. 00-3, 8-1-00)

Meat, poultry and fish processing means the processing of meat products, such as beef, poultry, fish or pork and any by products directly from live animals or offal from dead animals. (Ord. No. 00-3, 8-1-00)

Mineral processing operation means the processing of raw materials extracted from the ground, which may include smelting, or any other form of processing. (Ord. No. 00-3, 8-1-00)

Mining means the process of extracting from the earth precious or valuable minerals or metals including solids, such as coal and ores; liquids, such as crude petroleum, and gases, such as natural gases. This also includes well operations, milling, crushing, screening, washing and floatation, and other preparation customarily done at a mine site or as part of a mining activity. (Ord. No. 00-3, 8-1-00)

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

Mobile home park means any parcel of land designed to accommodate three or more mobile/manufactured homes intended for residential use where residence is in the mobile/manufactured home excluively. (Amdmt. No. 98-1, 4-21-98)

Mobile/manufactured home sales lot means the use of land, with accessory structures such as an office, in which mobile homes and manufactured homes, as defined, are displayed and sold. (Ord. No. 00-3, 8-1-00)

Modular home means a structure or dwelling unit constructed in accordance with the standards set forth in the Virginia Uniform Statewide Building Code that are applicable to site-built homes, and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home may consist of two or more sections transported to the site and installed. (Amdmt. No. O-02-8, 10-1-02)

Monumental stonework means an establishment which uses stone to make monuments such as tombstones and statues. (Ord. No. 00-3, 8-1-00)

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

Museums and cultural facilities means an institution that is established for the purpose of acquiring, conserving, studying, interpreting, assembling, preserving, and exhibiting to the public for its instruction and enjoyment a collection of artifacts of historic or cultural interests. This definition includes museums, art galleries, and botanical and zoological gardens of a natural, historic, educational, and cultural interest. (Amdmt. No. O-09-2, 1-21-09)

New construction, for the purposes of determining flood insurance rates, means structures for which the "start of construction" commenced on or after July 16, 1987, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. (Ord. No. O-10-4, 9-21-10)

Nightclub, bar or tavern means an establishment where the dispensing of alcoholic beverages, primarily by the drink, where food may be served or sold, and where music, dancing, or entertainment is conducted. (Amdmt. No. O-09-3, 5-19-09)

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either on November 1, 1988, or as a result of subsequent amendments to this chapter.

Nonconforming structure means an otherwise legal structure that does not conform with the lot area, yards, height, lot coverage or other area regulations of this chapter or that is designed or is intended for a use that does not conform to the use regulations of this chapter, for the district in which it is located, either on November 1, 1988, or as a result of subsequent amendments to this chapter.

Nonconforming use (activity) means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located either on November 1, 1988, or as a result of subsequent amendments to this chapter.

Nursing home means a place devoted primarily to the maintenance and operation of facilities for the treatment and care of any person suffering from illness, diseases, deformities or injuries, not requiring extensive or intensive care that is normally provided in a general hospital or other specialized hospital.

Off-street parking means an area provided for vehicular parking outside the dedicated street right-of-way. (Amdmt. No. 92-5, 7-15-92; Ord. No. 99-1, 4-6-99)

Parking area means an open area of land, other than a street, used for parking of operable vehicles, but shall not include an area where vehicles are kept or stored for sale or repair. (Ord. No. 99-1, 4-6-99)

Pedestrian circulation system means sidewalks or pedestrian walkways, which will enable residents, visitors or patrons to walk safely and conveniently between the various functional areas of the project and adjacent circulation systems. (Amdmt. No. O-99-7, 7-20-99)

Planing mill means a building, structure or area where timber is cut, milled or planed, either to finished lumber or as an intermediate step, and may include facilities for distribution of such products on a wholesale or retail basis. (Ord. No. 00-3, 8-1-00)

Poultry means, chickens, geese, ducks, or turkeys. (Amdmt. No. O-02-8, 10-1-02)

Preschool means a child day care program for children two to five years of age at which children two through four years of age do not attend in excess of four hours per day and children five years of age do not attend in excess of 6½ hours per day, and such program is operated primarily for the educational development and instruction of two or more children also receiving care, protection and guidance while separated from their parents. This use must meet the necessary state licensing requirements. (Amdmt. No. 92-5, 7-15-92)

Preserve and conservation area means an area in which resources, such as soil, water, wildlife and forest, etc., are protected and managed. Typically, a governmental entity owns the property or a private, nonprofit group has made some legal arrangement, such as an easement tied to the title of the land, restricting the development rights so as to ensure the retention of the land as a preserve or conservation area. (Amdmt. No. 92-5, 7-15-92)

Print plant means an industrial establishment providing printing, blueprinting, photocopying, engraving, binding or related services in bulk or large quantities. (Ord. No. 00-3, 8-1-00)

Private water and sewer system means a water or sewer system owned and operated by a private individual or a corporation approved by the Board of Supervisors and subject to regulation by the state corporation commission.

Processing means to prepare, treat or convert a product or material for shipment through a special process, which may include baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning or re-manufacturing. (Ord. No. 00-3, 8-1-00)

Professional office means the office of a person with expertise in a field such as law, engineering, accounting, architecture, medicine, real estate or insurance. Office space only for a general contractor may be considered in this definition provided there is no outside storage of equipment or materials. Such facilities shall be used only for these activities. The term, however, does not include repairs or sales of tangible personal property stored or located within the structure or any use which would create any loud noises or noxious odors. (Amdmt. No. 92-5, 7-15-92; Amdmt. No. O-09-3, 5-19-09)

Public recreation area means any recreational use that is open to the general public or to a segment of the public on a membership or fee basis. This shall include such uses as parks and playgrounds, among others. (Amdmt. No. 95-2, 4-4-95; Ord. 00-3, 8-1-00)

Public safety facility means a public facility providing public safety and emergency services, including police and fire protection and associated support and training facilities. (Ord. No. 00-3, 8-1-00)

Public utilities and facilities means public service structures such as power plant substations; poles; lines; pipes; meters, and other facilities necessary for provision and maintenance of public utilities, or such similar operations publicly or privately owned and furnishing electricity, gas, rail transport, communications, cable, or related services to the general public. (Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-99-11, 9-7-99)

Public water and sewer system means a water or sewer system owned and operated by a municipality, a public agency, commonwealth, or county, or owned or operated by a private individual, partnership or corporation approved by the governing body and properly licensed by the state corporation commission. This includes, but is not limited to, all items such as lines, treatment plants, pump stations, disposal systems, pipes, meters, equalization tanks, wells and other facilities necessary for provision of distribution, collection, treatment and maintenance of such systems. (Amdmt. No. O-99-11, 9-7-99)

Pulp and paper manufacturer means a factory for the manufacturing or processing of paper, boxes, bags, drinking cups, corrugated paper products or other products, including building paper and asphaltic composition roofing. (Ord. No. 00-3, 8-1-00)

Quarrying means the industry of extracting stone from an open excavation. Quarrying should be deemed to include both the extraction and processing of crushed stone for aggregate and related uses and the extraction of stone in blocks for building, monumental and related uses. (Ord. No. 00-3, 8-1-00)

Recreational campsite means a parcel of land used and maintained to provide campers temporary accommodations for tents, recreational vehicles, travel trailers or similar transportable accommodations for overnight camping experiences and may include accessory facilities such as offices, bathing facilities and laundry facilities. This definition does not include mobile home parks or the use of mobile/manufactured homes on a permanent year-round basis. (Ord. No. 00-3, 8-1-00)

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use. (Amdmt. No. 92-5, 7-15-92)

Recycling facility means a building or property where certain used materials are separated and processed prior to shipment to others who will use those materials to remanufacture new products. The primary materials include metals, paper, plastics, and glass. (Amdmt. No. O-02-8, 10-1-02)

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, including, among other establishments, cafes, tearooms, confectionery shops and refreshment stands. This definition includes carryout, drive-in and drive-through facilities. (Amdmt. No. O-09-3, 5-19-09)

Retail stores and shops means buildings for display and sale of merchandise at retail or for the rendering of personal services, but specifically exclusive of coal, wood and lumberyards, including but not limited to the following: drugstore, newsstand, food store, candy shop, convenience store, dry goods, notions store, antique shop and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.

Retirement community. See "Senior/elderly housing facility". (Amdmt. No. O-09-3, 5-19-09)

Sanitary landfill means a method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical operation, or at such more frequent intervals as may be necessary (definition from ASCE—Manual of Engineering Practices, No. 34, New York, ASCE, 1959, p. 6).

Sawmill means a mill located on public or private property for the processing of timber.

School means an institution or place for instruction or education, including a public school, university, college or private school authorized by the authority having jurisdiction. (Ord. No. 00-3, 8-1-00)

Senior/elderly housing facility means a residential facility for independent living, containing dwellings where the occupancy is restricted to persons 55 years of age or older, or couples where either the husband or wife is 55 years of age or older. This does not include a development that contains convalescent or nursing homes. (Amdmt. No. O-09-3, 5-19-09)

Service establishment means any building wherein the primary occupation is the repair, care of, maintenance or customizing of personal properties that are worn or carried about the person or are a physical component of the person. For the purpose of this chapter, these shall include such uses as barbershops, beauty parlors, pet grooming establishments, tailors, dressmaking shops, shoe cleaning, repair shops, photographic studios, linen and diaper service establishments. (Amdmt. No. 92-5, 7-15-92)

Service station means an establishment engaging primarily in the retail sale of vehicle fuel and lubricants. This classification includes facilities having service bays for minor vehicle service and repair. Such service and repair may include the sale of tires, batteries and other parts and products related to the operation of a motor vehicle; tuneups; lubrication and parts replacement; non-mechanical carwashing, polishing, and waxing; light work related to preventive maintenance and upkeep; maintenance and repair of large trucks or other large vehicles. This establishment may also include the sale of items such as canned or bottled food and drinks; tobacco products; candy; papers and magazines. (Ord. No. 00-3, 8-1-00; Amdmt. No. O-09-3, 5-19-09)

Setback means the minimum distance by which any structure or use must be separated from the lot or property lines. (Amdmt. No. O-02-8, 10-1-02)

Sheetmetal shop means a commercial establishment engaged in activities relating to the cutting and shaping of products made from sheet metal. (Ord. No. 00-3, 8-1-00)

Shooting or game preserve means an area of land of at least 100 contiguous acres where a fee is charged for hunting, and/or upon which game are grown, managed, or stocked specifically for hunting. All hunting and related practices shall be in compliance with applicable sections of the Code of Virginia and regulations of the Department of Game and Inland Fisheries. Associated uses such as a target practice range, lodging, and meal preparation shall be permitted and shall only be for the patrons using the property. Target practicing shall not occur between 10:00 p.m. and 7:00 a.m. and shall not be within 300 feet of an off-site dwelling, school, church, or publicly owned facility. (Amdmt. No. O-05-2, 5-17-05)

Skating rink means a building or location used for the purpose of skating, such as roller skating, ice skating or skate boarding. (Ord. No. 00-3, 8-1-00)

Solar generation facility, agricultural. A solar generating facility that: (Amdmt. No. O-21-10, 8-3-21)

(1)

Has a generating capacity of not more than 1.5 megawatts and does not exceed 150 percent of the site's expected annual energy consumption based on the previous 12 months of billing history or an annualized calculation of billing history if 12 months of billing history is not available;

(2)

Is located on the same site that is used for the calculation under criterion (1);

(3)

Is located on the site and is interconnected with its utility through a separate meter;

(4)

Is interconnected and operated in parallel with an electric utility's distribution but not transmission facilities;

(5)

Is designed so that the electricity generated by the facility is expected to remain on the utility's distribution system; and

(6)

Is a qualifying small power production facility pursuant to the Public Utility Regulatory Policies Act of 1978.

For the purposes of this definition, the term "utility" means a supplier or distributor, as applicable, and the term "site" means one or more parcels under common use, ownership, and control.

Solar generation facility, small. A solar power or thermal energy generation facility that serves the electricity or thermal needs of the property upon which such facilities are located, and/or adjacent parcels under common use, ownership, and control. (Amdmt. No. O-21-10, 8-3-21)

Solar generation facility, utility-scale. A renewable energy project that generates electricity from sunlight, consisting of one or more photovoltaic systems and other appurtenant structures and facilities within the boundaries of the site, and is designed to interconnect with the electrical grid and/or to serve facilities that are not adjacent or under common use, ownership, or control. (Amdmt. No. O-21-10, 8-3-21)

Special exception means specific permission, granted only by the county board of adjustments and appeals or a county board of zoning appeals to occupy land for specific purposes, in accordance with this chapter.

Special flood hazard area or district means the land in the floodplain subject to a one-percent or greater change of being flooded in any given year. (Ord. No. O-10-4, 9-21-10)

Special use permit means a permit granted only by the Board of Supervisors, to occupy land for specific purposes which affect the entire county and not just one area of the county.

Start of construction - For other than new construction and substantial improvement, under the Coastal Barriers Resource Act (P.L. - 97-348), means 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; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of 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. (Ord. No. O-10-4, 9-21-10)

State department of transportation maintenance facility means the use of land, buildings or structures used by the department of transportation for maintenance of state maintained highways with related storage for supplies and equipment. (Ord. No. 00-3, 8-1-00)

Steel fabricating plant means an industrial establishment engaged in activities relating to the fabrication or assembly of products made from steel. (Ord. No. 00-3, 8-1-00)

Storage facilities means the use of a building or property for the storage and housing of goods, wares, data, files, or other items permanently or for extended periods of time that do not contain any toxic or hazardous chemicals or materials. This use does not include warehouse or mini-storage/warehouse facilities. (Amdmt. No. O-09-3, 5-19-09)

Story means that portion of a building, included between the surface of any floor and the surface of the floor next above it; if there is no floor above it, the space between the floor and the ceiling next above it.

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

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

Street; road means a public thoroughfare which affords principal means of access to abutting property.

Structure means a walled and roofed building or anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. This includes, among other things, dwellings, buildings, signs, gas or liquid storage tanks and manufactured or mobile homes. (Ord. No. O-10-4, 9-21-10)

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. No. 00-3, 8-1-00)

Substantial improvement means any repair, reconstruction, rehabilitations, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (i) before the improvement or repair is started, or (ii) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a historic structure listed on the National Register of Historic Places or a state inventory of historic places; provided the alteration will not preclude the structures continued designation as a historic structure. (Ord. No. O-10-4, 9-21-10)

Swine means pigs, hogs or other swine or their unweaned litters. (Amdmt. No. 95-2, 4-4-95)

Theater means a building designed or used primarily for the exhibition of motion pictures to the general public or used for the performance of plays, acts and dramas by actors and actresses. (Amdmt. No. 92-5, 7-15-92)

Truck terminal means a building or property used as an origin or destination point for loading, unloading, assembling or transferring of goods transported by truck; or which provides containers, freight handling facilities, or rail truck services, and where local pickup, delivery and transitory storage of goods incidental to the primary function of the motor freight shipment is provided. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. Post Office. (Ord. No. 00-3, 8-1-00)

Townhouse means one of a group of three or more single-family dwelling units constructed in a series or group with some common walls and in which no dwelling unit is located over another. (Amdmt. No. 92-5, 7-15-92)

Transfer station means any solid or liquid waste storage or collection facility at which waste is transferred from collection vehicles to haulage vehicles for transportation to a waste management facility for disposal or resource recovery. (Amdmt. No. 95-11, 9-6-95)

Truck stop means a heavy commercial activity located in proximity to major highway routes or interchanges. This business is basically for the refueling and repairing of trucks and the provision of restaurant and sleeping facilities. (Amdmt. No. 92-5, 7-15-92)

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

Variance means a reasonable deviation from those provisions 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 unreasonably restrict the utilization of the property, 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. It shall not include a change in use, which shall be accomplished by a rezoning or by a conditional zoning (Code of Virginia § 15.2-2201). (Amdmt. No. 90-3, 4-18-90; Amdmt. No. O-15-7, 10-6-15)

Vehicle graveyard means any lot or place, which is exposed to the weather and upon which three or more vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative, are placed, located, or found. The term "incapable of being operated" is defined as (i) any vehicle, required by law to have a county decal, license plate, and inspection sticker, that does not have such decal, plate, and sticker, or (ii) any vehicle that is in such condition that it is economically unsound to restore it to operating condition considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored or in such condition that the zoning administrator determines that it warrants such classification. This definition shall include salvaged vehicles and salvage yard as defined by the Code of Virginia, § 46.2-1600. Vehicle graveyards shall comply with the criteria established in the Code of Virginia § 33.1-348 and Chapter 60, section 60-29 and section 60-90 of The Code of the County of Alleghany County, Virginia. (Amdmt. No. 94-2, 3-15-94; Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-02-8, 10-1-02)

Vehicle sales lot means the use of any building, land area or other premises for the display of new and used automobiles, trucks, vans, recreational vehicles or motorcycles for sale or rent, including any warranty repair work and other major and minor repair service conducted as an accessory use. (Ord. No. 00-3, 8-1-00)

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in [44 CFR] Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. (Ord. No. O-10-4, 9-21-10)

Warehouse or warehousing means a building or part thereof which is used for the housing, storage, adapting for sale, packaging, and wholesale distribution of goods, wares, merchandise, articles and the like, but does not include retail commercial outlets. (Ord. No. 00-3, 8-1-00)

Warehousing, mini means a building or group of buildings serving the public where customers rent or lease, and have direct access to individual storage areas, compartments or rooms within a larger structure or structures provided for storage use. This definition includes self-storage facilities. (Ord. No. 00-3, 8-1-00)

Watercourse means a lake, river, creek, stream, wash, channel, or other topographic feature on or over which water flows at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. No. O-10-4, 9-21-10)

Welding shop means a commercial establishment in which metal parts are fabricated or repaired through the process of welding. (Ord. No. 00-3, 8-1-00)

Wholesale or wholesaling means an establishment for the incidental direct sale to consumers of only those goods distributed wholesale. (Ord. No. 00-3, 8-1-00)

Wood products shop means a building used to construct items such as barrels, boxes, crates, doors, furniture, prefabricated storage buildings, swings, or other wood products for retail sale on a small-scale basis as determined by the zoning administrator. Mass production of such products shall be considered an industrial use and fall under the definition of manufacturing. (Amdmt. No. O-02-2, 2-19-02)

Woodyard means a parcel of land or building used for the storage of forest products for commercial use or resale to the public. (Ord. No. 00-3, 8-1-00)

Yard means an open space on a lot other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter, and further defined as follows:

(1)

Front yard means an open unoccupied 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.

Zoning appeals, board of means the county board of zoning appeals. (Amdmt. No. 98-1, 4-21-98)

Cross reference— Definitions generally, § 1-2; vehicle graveyards, ch. 60.