The object of this chapter is to promote the health, safety, and general welfare of the public and to promote the orderly development of the town.

(Ord. of 10-11-2011(3), § 2)

(a)

For the purposes of this chapter, the following rules of language shall apply:

The specific shall supersede the general.

The word "person" includes a firm, association, organization, partnership, and company, as well as an individual.

The word "he" shall mean she, and she shall mean he.

The words used or occupied include the words intended, designed, or arranged to be used or occupied.

The word lot shall include plot or parcel.

The present tense includes the future tense; the singular number includes the plural; the plural includes the singular.

The word shall is mandatory; the words may and should are permissive.

All public officials, bodies, and agencies referred to in this chapter are those of the Town of Altavista, Virginia, unless otherwise specifically indicated herein.

(b)

Where terms in this chapter are undefined, the meaning of the term shall be as ascribed in the most recent edition of Webster's Unabridged Dictionary, unless it is the opinion of the administrator that based upon normal zoning practice, a different meaning shall apply.

(Ord. of 10-11-2011(3), § 2)

The words and terms listed below shall have the following meanings:

Abutting means contiguous or adjoining; having property or zoning district lines in common, or separated by a right-of-way.

Access means of approach, to provide vehicular or pedestrian physical entrance to a property.

Accessory building or structure means a building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as a covered structure made of materials complementary to the principal structure, such accessory building shall be considered a part of the principal building. A walkway alone shall not be considered a substantial connection for the purposes of this chapter. For purposes of this chapter, any swimming pool in a residential district shall be considered an accessory structure.

Accessory use means a use of land, or a building or structure or portion thereof, customarily incidental and subordinate to the principal use of the land or building or structure and located on the same lot with such principal use.

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

Addition means any construction that increases the gross floor area of a building or structure, or results in an expanded footprint of a building or structure on the ground.

Alley means a right-of-way that provides secondary vehicle and service access to abutting properties that have frontage on one or more streets.

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

Amendment means a modification to this chapter, including the text or associated maps that has been approved by the town council.

Antenna means a communication device that transmits or receives electromagnetic signals. Antennas may be directional, including panels and microwave dishes, or omni-directional including satellite dishes, whips, dipoles, and parabolic types. An antenna does not include the tower or other supporting structure to which it is attached. For purposes of this chapter, an "antenna" does not include a satellite dish antenna, which is otherwise defined.

Base flood means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of being equaled or exceeded in any given year). Areas including the base flood are depicted as zone A, AE, AH, AO, AR, A99, V and VE on the Altavista flood insurance rate map (FIRM).

Base flood elevation (BFE) means the water surface elevation which occurs in a 100-year flood as designated by the Federal Emergency Management Agency.

Basement means that portion of a building that is partly or completely below grade plane. A basement shall be considered a story above grade where the finished surface of the floor above the basement is (i) more than six feet above grade, (ii) more than six feet above grade for more than 50 percent of the total building perimeter, or (iii) more than 12 feet above the finished ground at any point.

Berm means a landscaped earthen mound, incorporated as part of a site design, and intended to enhance the compatibility of abutting or nearby properties through the mitigation of sound, the screening of views, and/or the visual enhancement of a property's landscaped character.

Best management practices (BMP) means a practice, or combination of practices as determined by the appropriate state and/or local agencies to be the most effective, practical means of preventing or reducing the amount of pollution generated by non-point sources to a level compatible with the water quality goals of the Town of Altavista and/or the Commonwealth of Virginia.

Board of zoning appeals means the Town of Altavista Board of Zoning Appeals, also referred to in this chapter as the BZA.

Buffer yard means a yard improved with screening and/or landscaping materials required between abutting zoning districts of differing intensities or between adjoining land uses for the purpose of decreasing the adverse impact of differing uses and districts.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, activity, process, equipment, goods or materials of any kind.

Building, coverage means that portion of a lot, which when viewed from directly above, would be covered by any building or structure. For the purposes of this definition, lot shall include contiguous lots of the same ownership within a single zoning district which are to be used, developed or built upon as a unit.

Building, height means the vertical distance measured from the average adjoining grade on all sides of a building or structure to the highest point of a flat roof, the deck line of a mansard roof or in the case of a pitched, gambrel or hip roof, the mean level between the eaves and the highest point of the roof.

Building wall, front means, when viewed from above, the wall, parallel to the street right-of-way, that passes through the point of the principal building nearest the street right-of-way.

Building wall, rear means, when viewed from above, the wall, parallel to the rear lot line that passes through the point of the principal building nearest the rear lot line.

Building wall, side means when viewed from above, the wall, parallel to a side lot line that passes through the point of the principal building nearest the side lot line.

Caregiver means, for purposes of section 86-460, an adult who provides care for a mentally or physically impaired person within the commonwealth and the caregiver shall be either related by blood, marriage, or adoption to, or shall be the legally appointed guardian of, the mentally or physically impaired person for who care is being provided.

Central business district means a section of the town beginning at a point being the intersection of Franklin Avenue and 5th Street and following the northeast side of Franklin Avenue, crossing Main Street and 7th Street, to a point on the northwest side of the 20-foot alley that parallels 7th Street, and running southwest in a straight line approximately 1,540 feet to a point on the northeast side of a 20-foot alley then running parallel to Broad Street and in a northwest direction, crossing 8th Street to the point of intersection with the Norfolk Southern railroad right-of-way, then following the Norfolk Southern Railroad right-of-way southwest, crossing Broad Street and Bedford Avenue (Route 43) to the southwest side of Bedford Avenue, and following the southwest side of Bedford Avenue, crossing Main Street (Route 29 Business) to a point 36 feet north of the center of the main line of the Norfolk Southern Railroad (Old Norfolk & Western) and then east parallel to and 36 feet north of the center of the main line and crossing Pittsylvania Avenue to the northeast side of the right-of-way, thereof, then following the east side of the right-of-way of Pittsylvania Avenue in a northwest direction to the intersection of the southeast side of 5th Street, then following the southeast side of 5th Street and running in a northeast direction to the point of beginning.

Certificate of zoning compliance means, for the purposes of this chapter, official certification that premises conform to all applicable provisions of the town zoning ordinance and may be lawfully used or occupied.

Channel means a perceptible natural or artificial waterway which periodically or continuously contains moving water confined to a definite bed and banks.

Cluster subdivision means an alternative means of subdividing land that concentrates building density in specific areas of a site to allow the remaining land to be permanently reserved for the preservation of environmentally-sensitive features and open space.

Code of Virginia means the Code of Virginia 1950, as amended.

Commercial delivery means the delivery of goods, products, materials or other items associated with a home occupation by any means or frequency other than that which would normally occur in a residential neighborhood.

Commission means the Planning Commission of the Town of Altavista.

Condominium means a building or group of buildings, created pursuant to the Virginia Condominium Act, Code of Virginia, § 55-79.39 et seq., in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

Construction, new means structures for which construction commenced on or after the effective date of this chapter and including any subsequent improvements to such structures.

Construction, start means the date a building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on 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 dwellings units or not part of the main structure.

Council means the Town Council of Altavista, Virginia.

Deck means a structure, of any materials, without a roof, directly adjacent to a principal building which has an average elevation of 30 inches or greater from finished grade

Dedication means the transfer of private property to public ownership upon written acceptance.

Density means the number of dwelling units permitted per unit of land, commonly expressed as dwelling units per acre.

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

District means a zoning district as described and permitted by Code of Virginia, § 15.2-2280 et seq.

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

Dwelling unit means a room or group of rooms connected together containing cooking, bathroom and sleeping facilities constituting a separate, independent housekeeping unit, physically separated from any other dwelling unit in the same structure.

Easement means a portion of a lot or acreage reserved for present or future use by a person or entity other than the fee simple owner of the lot or acreage. Easements may exist on the ground, or under or above the lot or acreage.

Establishment means any business, enterprise, or other land use permitted by this chapter.

Family means one or more persons related by blood, marriage, or adoption, or under approved foster care, or a group of not more than four persons (including domestic help) living together as a single housekeeping unit. For the purposes of dwelling unit occupancy in a single-family residential zoning district (R1), the term shall include not more than two unrelated persons in addition to the family. For dwelling unit occupancy in all other zoning districts, the term shall include not more than four unrelated persons in addition to the family.

Flood means general and temporary inundation of normally dry land areas from (1) the overflow of inland waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; (3) mudslides (i.e. mudflows), which are approximately caused or precipitated by accumulations of water on or under the ground; or (4) the collapse or subsidence of land along a body of water as a result of erosion or undermining caused by water or 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 form of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in this section.

Flood, one hundred-year means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year).

Flood proofing means any combination of structural and nonstructural additions, changes or adjustments to a structure or property which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodplain means:

(1)

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

(2)

An area subject to the unusual and rapid accumulation of run-off or surface waters from any source.

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

Floodway fringe means that area characterized during floods by shallow, slow-moving water and represents a low hazard potential; more specifically, the floodway fringe is that area of the 100-year flood elevations contained in the flood profiles of the flood insurance study adopted by the Town of Altavista and as shown on the flood insurance rate map (FIRM) accompanying that study.

Floor area, finished means the sum of the horizontal areas of a building which is intended for human habitation and use and which has a floor to ceiling height of six and one-half feet or greater. Areas excluded from the finished floor area would include unfinished basements and attics, storage and utility rooms, and garages.

Floor area, gross means the sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. Gross floor area shall exclude interior parking and loading spaces, and airspace above atriums.

Floor area ratio (FAR) means the ratio of the total floor area of buildings located on a certain parcel of land to the area of that parcel. [Note: As a formula: Floor area ratio = (total covered area on all floors of all buildings on a parcel) divided by (area of the parcel). Thus, a FAR of 2.0 would indicate that the total floor area of a building is two times the gross area of the parcel on which it is constructed.]

Garage, private means a building for the private use of the owner or occupant of a principal residential building situated on the same lot as the principal building for the storage of motor vehicles.

Glare means the effect produced by lighting, with a brightness or intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Greenhouse, private means a structure for the raising of plants or flowers indoors not for commercial retail purposes.

Greenhouse, retail means a structure for the raising of plants or flowers indoors for commercial or retail purposes.

Hardscaping means the paved areas such as streets, sidewalks, man-made stormwater management or drainage features, retaining walls, or other permanent structures for any permissible use where the soil is no longer exposed to the surface of the earth.

Historic structure means any structure that is:

(1)

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

(2)

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

(3)

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

(4)

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

a.

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

b.

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

Land disturbing activity means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land.

Landscaping means the improvement of the appearance of an area by the planting of trees, grass, shrubs, or other plant materials.

Loading space, off-street means space for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.

Lot means a parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivision, or as otherwise permitted by law.

Lot, corner means a lot abutting on two or more streets at their intersection, or on two parts of the same street forming an interior angle of less than 135 degrees.

Lot coverage means that portion of a lot, which when viewed from directly above, would be covered by any building or structure, parking and loading areas and other surface which is impermeable or substantially impervious to storm water. Gravel parking areas shall be considered impervious. For the purposes of this definition, lot shall include contiguous lots of the same ownership within a single zoning district which are to be used, developed or built upon as a unit.

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

Lot, flag lot means a panhandle or flag-shaped lot with its widest point (called the "flag") set back from the road at the rear of another lot, and having a thin strip of land (called the "stem") connecting to the road to provide legal access and frontage.

Lot, frontage means the horizontal distance between the side lot lines measured at the front yard setback line. All sides of a lot which abut a street shall be considered frontage. On curvilinear streets the arc between the side lot lines shall be considered the lot frontage.

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

Lot, irregular means a lot of such a shape or configuration that technically meets the area, frontage and width to depth requirements of this chapter but meets these requirements by incorporating unusual elongations, angles, curvilinear lines unrelated to topography or other natural land features.

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

Lot, width of means the mean horizontal distance between the side lot lines. The mean shall consist of the straight line horizontal distances of the front and rear lot lines and the distance of a line connecting the midpoints of the side lot lines; provided however, that for a flag-lot, no part of the pole shall be considered in calculating such distances.

Lowest floor means the lowest enclosed area, including basement, of any structure. An unfurnished or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

Mentally or physically impaired person means, for purposes of section 86-460, a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in Code of Virginia, § 63.2-2200 and as certified in writing by a physician licensed by the Commonwealth of Virginia.

Mixed-use building means a combination of two or more use types within a single structure.

Monopole means a single pole structure, usually self supporting, used to support antennas.

Natural watercourse means any natural stream river, creek, waterway, gully, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks.

Nonconforming lot means a lot, the area, dimensions or location of which was lawful at the time the lot was created, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this chapter.

Nonconforming structure means any structure the size, dimensions or location of which was lawful when erected or altered, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this chapter.

Nonconforming use means a use or activity which was lawful when originally established, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this chapter.

Not-for-profit means an organization or activity which has obtained nontaxable status from the U. S. Internal Revenue Service.

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

Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may be passive or active. Passive open space remains in a completely undeveloped state and lacks formal facilities. Active open space has developed facilities such as recreation centers, playgrounds, swimming pools, tennis and basketball courts, and similar facilities.

Open space, common means land within or related to a development, not individually owned or dedicated for public use, which is intended for the common use or enjoyment of the residents of the development and may include such complementary structures as are necessary and appropriate. Common open space may include recreation centers, playgrounds, swimming pools, tennis and basketball courts, and similar facilities.

Outdoor display means the display and sale of products primarily outside of a permanent building or structure, including vehicles, garden supplies, plant materials, tires, oil and other vehicle maintenance supplies, food and beverages, fireworks and holiday decorations.

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

Overlay district means a district established by this chapter to prescribe special regulations to be applied to a site in combination with the underlying or base district.

Patio means a level surfaced area, constructed of any materials, directly adjacent to a principal building which has an average elevation of not more than 30 inches from finished grade, and without walls or a roof.

Perennial means occurring or existing on a regular or continual basis.

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

Principal building or structure means a building or structure in which the primary use of the lot on which the building is located is conducted.

Principal use means the main use of land or structures as distinguished from a secondary or accessory use.

Private means, unless otherwise specifically indicated, private shall mean anything not owned, operated, provided and/or maintained by a local, state, or federal government.

Projections (into yards) means the parts of buildings, such as architectural features, that shall be exempted from the yard requirements of this chapter. Thus, bay windows, vestibules, eaves, uncovered porches, and the like may be permitted to project up to three feet into required yards. Ramps providing means of ingress or egress required by law may project into required yards when such ramps cannot be located elsewhere in compliance with applicable yard and ingress or egress requirements.

Public means, unless otherwise specifically indicated, public shall mean anything owned, operated, provided and/or maintained by a local, state, or federal government.

Public water and sewer systems means a water or sewer system owned and operated by: (1) a municipality, public service authority or county; or (2) a private individual or a corporation approved and properly licensed by the State Corporation Commission prior to the adoption date of this chapter; and meeting the requirements of the State Health Department and/or Virginia Department of Environmental Quality.

Recreational vehicle means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (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 recreation camping, travel or seasonal use.

Replacement cost means the cost of restoring a damaged building or structure to its original condition. Replacement cost shall include reasonable estimates of the cost of materials and labor and shall be compared with the assessed value as determined by the town to determine the percentage of the cost of improvements.

Right-of-way means a legally established area or strip of land, either public or private, on which an irrevocable right of passage has been recorded.

Screening means a method of visually shielding or obscuring one or more abutting or nearby structures or uses from other structures or uses by fencing, walls, berms or by densely planted vegetation. Screening is intended to substantially obscure the visual impacts between adjoining uses.

Setback means the minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

Shopping center means a group of commercial establishments planned, constructed and managed as a total entity with shared access, customer and employee parking provided onsite, provision of goods delivery separated from customer access, aesthetic considerations and protection from the elements.

Shoreline means a boundary line between a body of water and the land. This line shall consist of the sloping margin of, or the ground bordering a stream, river, reservoir, lake, etc., and serve to define the limits of, and confine the waters to, the natural channel or impoundment during periods of normal flow or volume.

Slope, steep means terrain generally classified as having a 25 percent vertical rise to the horizontal run.

Special use permit means a use with operating and/or physical characteristics different from those uses permitted by right in a given zoning district which may, nonetheless, be compatible with those by-right uses under special conditions and with adequate public input and review. Special use permits are allowed only at the discretion and approval of council following review and recommendation by the commission and staff.

Specified anatomical areas means: (1) less than completely and opaquely covered: (i) human genitals, pubic region, (ii) buttock, and (iii) female breast below a point immediately above the top of the areola; and (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means: (1) human genitals in a state of sexual stimulation or arousal; (2) acts of human masturbation, sexual intercourse, or sodomy; and (3) fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

Stoop means a platform, without a roof, located at the entrance of a building with sufficient area to facilitate only the ingress and egress to the building.

Story means that portion of a building included between the surface of any floor and the floor next above it, or if there is not a floor above it, then the space between the floor and the ceiling above it.

Story, above grade means any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50 percent of the total perimeter or more than 12 feet at any point.

Story, half means the 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 means any vehicular way which: (1) is an existing federal, state or municipal roadway; or (2) is shown on a plat approved pursuant to law; or (3) is approved by other official action. The term street shall include road and highway. Unless otherwise indicated, the term street shall refer to both public and private streets.

Street, cul-de-sac means a street with only one outlet and an appropriate turnaround for a safe and convenient reversal of traffic movement.

Structure means anything that is constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to buildings, signs, manufactured homes and above-ground swimming pools. Walls and fences shall not be deemed structures except as otherwise specifically provided in this chapter.

Substantial alteration means expansion or modification of a building or site which would result in a disturbance of land exceeding an area of 2,500 square feet.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before such damage occurred.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. For the purpose 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 any project for improvement for a structure to comply with existing state or county health, sanitary or safety code specifications which are solely necessary to assure safe living condition or any alteration of a structure listed on the National Register of Historic Places.

Transient means, for purposes of this chapter, transient shall refer to the limited, temporary and/or short term occupancy, associated with the hotel/motel/motor lodge or extended stay lodging use types. Transient occupants must have, and be able to demonstrate that they maintain, a principal place of permanent residence elsewhere.

Town charter means the Charter of the Town of Altavista, Virginia.

Use means an activity on a piece of land other than development.

Variance means a reasonable deviation from the provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure in accordance with, and as further defined in Code of Virginia, § 15.2-2201.

Yard means a required open space on a lot, unoccupied and unobstructed from the ground upward, unless otherwise provided by this chapter.

Yard, front means a yard between the front building line and the street right-of-way extending across the full width of the lot. For the purpose of placement of accessory buildings when the principal building exists on the lot the term front yard shall mean a yard between the front building wall and the street right-of-way extending across the full width of the lot.

Yard, rear means a yard between the rear line of the building and the rear line of the lot extending the full width of the lot.

Yard, side means a yard between the side line of the building and the side line of the lot extending from the front lot line to the rear lot line.

Zoning administrator means the zoning administrator of the Town of Altavista or an authorized agent thereof, also referred to in this chapter as the administrator.

(Ord. of 10-11-2011(3), § 2; Ord. of 5-9-2017(1), § 1; Ord. of 4-13-2021(4), § 1; Ord. of 7-13-2021(1), § 1)

The words and terms listed below shall have the following meanings:

Accessory sign means a sign relating only to the uses of or products sold on the premises on which the sign is located, indicating the name or address of a building, or the occupants or management of a building.

Animated sign means a sign utilizing any form of movement, including, but not limited to animation, revolution, vertical or horizontal motion, whether electrical, mechanical, windblown. This definition shall not include devices defined in this section as "streamers/festoons."

Awning means a roof-like structure set up over a window or door as a shelter from the weather.

Awning sign means a sign painted or printed on, attached flat or sewn onto a valance or body of any awning.

Banner means a piece of cloth, plastic or other flexible material on which words, letters, figures, colors, designs, or symbols are inscribed or affixed for the purposes of advertisement, identification, display, or direction and which is suspended for display, typically from buildings or poles. Governmental flags or symbolic flags of religious, charitable, public or nonprofit organizations shall not be considered banners.

Billboard sign means a large outdoor advertising sign used to advertise a product or business and located off-premises.

Brand name/products sign means a sign that advertises a particular brand or product without specific reference to the premises on which it is located.

Bulletin board means a sign that identifies an institution or organization on the premises of which it is located and that contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar message.

Canopy means any permanent covering or roof-like structure of rigid materials that would be erected over an elongated entrance into a building or a covering over the sidewalk entrance to a building to protect from weather or from viewing.

Canopy sign means a sign attached to or displayed on a canopy.

Changeable copy sign means a sign or part of a sign that is designed or illuminated so that characters, letters, or illustrations can be changed or rearranged, manually or electronically, without altering the face or surface of the sign.

Conspicuous vehicle sign means any sign mounted or painted on or otherwise affixed to any parked vehicle, parked trailer, or other parked device capable of being towed, which is obviously and conspicuously parked so as to advertise the business to the passing motorist or pedestrian, and for which the primary purpose is to provide additional on-site signage or is to serve the function of an outdoor advertising sign. Excluded from this sign type are vehicles and equipment in operating condition which are currently registered and licensed to operate on public streets with a valid inspection sticker and which are actively used in the daily function of the business to which such signs relate.

Construction sign means a temporary sign which identifies the character of the facilities being actively constructed or altered, the anticipated sale, lease or rental of those facilities, or the identity of the persons or firms engaged in the promotion, financing, design, construction, or alteration of such facilities.

Directional sign means an on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "entrance," "exit," "parking," "one-way," or similar directional instruction, but not including any advertising message.

Directory sign means a sign on which the names and locations of occupants or the use of a building or group of buildings is given.

Double-faced sign means a sign with two parallel, or nearly parallel, faces, back to back, and located no more than 24 inches from each other.

External illumination means lighting from externally provided sources and not from within the sign itself. External sources shall be shielded to prevent glare.

Flashing sign means a sign used for identification, direction, advertising, or promotion that includes lights which flash, blink, or turn on and off intermittently.

Freestanding sign means a sign, supported by one or more columns, uprights or braces, in or upon the ground, but not attached to any building. A sign attached to a flat surface not a part of the building, such as a fence or wall, shall be considered a freestanding sign. A monument sign, as defined hereinbelow, shall also be considered a freestanding sign. For the purpose of this chapter, a freestanding sign listing two or more businesses located on a property or in a shopping center, and which is designed as one sign, shall be considered one freestanding sign.

General advertising sign means any sign that is not an accessory sign or which is not specifically limited to a special purpose by these regulations.

Ground mounted sign. See Freestanding sign.

Historical marker sign means any historical marker, monument, sign or notice, on public or private property or any public street, road or highway, bearing any inscription or notice which purports to record an historical event directed in the town, conforming to the requirements of Code of Virginia, tit. 10, ch. 11.

Illuminated sign means a sign illuminated in any manner by an artificial light source, whether internally or externally lit.

Internal illumination means lighting source comes from within the sign itself.

Institutional bulletin board sign means a sign containing a surface upon which is displayed the name of a religious institution, school, library, community center, or similar institutional or community service use, and the announcement of its services or activities.

Marquee means a permanent structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

Marquee sign means a sign attached to and made part of a marquee or any other similar projection from a building.

Monument sign means a sign that is mounted on a contiguous base having a minimum width of at least 90 percent of the sign width and its supporting structure and not attached to any building. For the purpose of this article, a monument sign listing two or more businesses located on a property or in a shopping center and which is designed as one sign shall be considered one monument sign.

Multi-tenant sign means any freestanding sign that contains three or more independent businesses or uses.

Mural means a large image, such as a painting, produced by hand and applied to the side of a building wall, generally for the purpose of decoration or artistic expression, that shall not advertise or suggest the advertisement of products or services related to a business, which would otherwise be subject to sign regulations.

Off-premises sign means a sign which directs attention to a business, service or establishment conducted, sold or offered at a location other than the premises on which the sign is erected or which directs attention to an organization, event, person, place, or thing not located on the premises where the sign is erected.

Off-premises directional open house/temporary sign means a temporary sign which is intended to provide information on the location of a real estate open house, auction, or temporary off site sale, and which is not located on the same premises as the dwelling unit, property, or merchandise to which it refers.

Permanent off-premises directional sign means a sign, which is not located on the same premises as the use to which it refers and which is intended to provide information as to the identity and location of the use, but which does not otherwise qualify as an advertising sign. A way-finding sign is considered an off-premises directional sign.

Pole sign means a sign that is mounted on one or more freestanding poles or similar supports.

Political campaign sign means a temporary sign, which pertains to a political issue or candidate in an election.

Portable a-frame and portable t-frame sign means a sign which is ordinarily in the shape of an "A" or an inverted "T" or some variation thereof, located on the ground, easily moveable, not permanently attached and usually two-sided.

Portable sign means any sign, other than an A-frame or T-frame sign, designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted on a trailer, wheeled carriage, or other non-motorized mobile structure. A portable sign which has its wheels removed shall still be considered a portable sign.

Primary wall frontage means the facade of a building, which faces the primary public street bounding the structure, as defined by the plat of record for the subject lot. In circumstances where it is unclear which street serves as the primary street (and thus, which is the primary wall frontage), the zoning administrator will be responsible for determining the primary wall frontage.

Projecting sign means any sign, other than a wall sign, awning or marquee sign, which is affixed to a building and is supported only by the wall on which it is mounted, and projects more than 12 inches.

Real estate sign means a temporary sign which advertises the sale, lease, rental, or display of the lot or building upon which such sign is displayed.

Roof sign means a sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.

Sandwich board. See Portable A-frame sign and portable T-frame sign.

Shopping center sign means any freestanding sign used pursuant to section 86-652(d).

Sign means any writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner, pennant, or any other device, figure or character which is employed to announce, direct attention to, identify, or make known, and which is visible from a public street or sidewalk or public area.

Special event sign means any temporary sign used to promote fundraisers or other similar events that benefit religious, charitable, military, fraternal or community service organizations or that promotes employee safety or similar corporate or organizational promotional activities.

Streamers/festoons means any device attached to a premises, either in a series or by multiple placements, whether lettered or not, intended to attract the attention of the public by means of movement, color, or pattern of arrangement, including but not limited to flags, pennants, propellers, discs or strings of pennants or flags.

Temporary sign means a sign or advertising display designed or intended to be displayed for a specified limited period of time, as provided in section 86-558. For the purpose of this definition, a "limited period of time" is defined as a period not more than 30 days during a period of 365 consecutive days, which will be a calendar year.

Wall sign means a sign attached to a wall, or painted on or against a flat vertical surface of a structure, which displays only one advertising surface, and projects less than 12 inches.

Wayfinding sign means a permanent off-premises sign used for directional purposes only to the business district or places of interest.

Window sign means all signs attached to or applied directly onto the interior surface, or set back less than one foot from the interior surface of any window in view of the general public from outside the structure.

Yard sale sign means a temporary sign used to display advertising for yard or garage sales.

(Ord. of 10-11-2011(3), § 2)

The following words, terms and phrases shall have the meanings ascribed to them for article VI of this chapter, except where the context clearly indicates a different meaning:

Antenna support structure means a building or other structure 30 feet in height or taller other than a tower which can be used for location of telecommunications facilities.

Applicant means any person that applies for a tower development permit.

Application means the process by which the owner, or the owner's legal representative, of a plot of land within the town submits a request to develop, construct, build, modify, or erect a tower upon such land. The application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the town concerning such a request.

Donation bin means an unattended container, receptable or similar device used for the purpose of soliciting and collecting donated items such as clothing or household goods.

Electrical engineer means an electrical engineer licensed by the commonwealth.

EMI means electromagnetic interference.

Existing tower means a tower that is in existence or is under construction on the effective date of the ordinance from which this chapter is derived.

FAA means the Federal Aviation Administration.

Fall zone means that area within a radius equal to the height of the tower as measured from the base of a tower. The fall zone is the area within which there is a potential hazard from falling debris or collapsing material.

FCC means the Federal Communications Commission.

Owner means any person with fee simple title to any plot of land within the town who desires to develop, construct, build, modify, or erect a tower upon such land.

Parcel means a plot of land described by property lines. When multiple parcels are owned and used by the same party, the grouping may be considered to constitute the parcel.

Radio frequency engineer means a professional engineer licensed by the commonwealth with appropriate documented expertise in radio frequency engineering.

RFI means radio frequency interference.

Stealth design means any tower that is designed so that all of its structural components including the associated antenna are camouflaged, disguised or otherwise hidden for the purpose of making the tower and antennae unnoticeable to the casual observer, or otherwise unrecognizable as a tower.

Structural engineer means a professional engineer licensed by the commonwealth with appropriate documented expertise in structural engineering.

Telecommunications facilities means any cables, wires, lines, wave guides, antennas, and any other equipment associated with the transmission or reception of communications, other than radio or television broadcast communications, which a person seeks to locate or has installed upon or near a tower or antenna support structure. The term "telecommunications facilities" shall not include:

(1)

Any satellite earth station or antenna which is permitted pursuant to division 2, article IV of this chapter or other provision thereof;

(2)

Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial;

(3)

Any satellite earth station antenna one meter or less in diameter, regardless of zoning district; or

(4)

Any federally licensed amateur radio station operators.

The Act means the Federal Communications Act of 1996, as amended.

Tower means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC.

Tower owner means the person that owns or controls a tower.

(Ord. of 10-11-2011(3), § 2)

(a)

The purpose of use types is to establish a classification system for land uses and a consistent set of terms defining uses permitted within various zoning districts in the town. The use types section also facilitates the process of determining the applicable use type of any activity not explicitly defined.

(b)

In the event of any question as to the appropriate use type of any existing or proposed use or activity, the administrator shall have the authority to determine the appropriate use type. In making such determination, the administrator shall consider the operational and physical characteristics of the use in question and shall consider the classification contained in the most recent edition of the North American Industry Classification System Manual published by the U. S. Office of Management and Budget. In addition, the administrator shall consider the specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The administrator may also determine that a proposed use or activity is sufficiently different from any use type listed below and thus will require an amendment to the text of this chapter.

(c)

The administrator shall make such determinations of appropriate use types in writing, which shall include an explanation of the reasons for the determination.

(d)

A determination of the administrator may be appealed to the board of zoning appeals pursuant to the procedures for administrative appeals outlined in sections 86-734 and 86-735.

(Ord. of 10-11-2011(3), § 2)

Accessory apartment means a second dwelling unit within a detached single-family dwelling or within an accessory structure on the same lot as the detached single-family dwelling, which is clearly incidental and subordinate to the main dwelling unit.

Adult bookstore means an establishment that devotes more than 15 percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: (a) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, blue ray discs, compact discs, digital video discs, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or (b) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than 15 percent of the total floor area of the establishment to the sale of books and periodicals, or photographs, films, motion pictures, blue ray discs, compact discs, digital video discs, video cassettes, slides, tapes, records, or other forms of visual or audio representations.

Adult drive-in-theatre means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" for observation by patrons.

Adult mini-motion picture theatre means an establishment, with a capacity of more than five but less than 50 persons, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Adult model studio means an establishment open to the public where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution which meets the requirements established in the Code of Virginia, for the issuance or conferring of, and is in fact authorized there under to issue and confer, a diploma.

Adult motion picture arcade means a place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or specified "anatomical areas."

Adult motion picture theatre means an establishment, with a capacity of 50 or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown; and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Adult use means any adult bookstore, adult motion picture theatre, adult mini-motion picture theatre, adult motion picture arcade, adult model studio, or adult drive-in theatre, as defined in this chapter.

Agricultural service means services provided specifically for the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services.

Agriculture means the use of land for the production of food and fiber, including farming, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry husbandry. The keeping of a cow, pig, sheep, goat, male chicken (rooster) or similar animal shall constitute agriculture regardless of the size of the animal and regardless of the purpose for which it is kept. The keeping of female chickens in compliance with section 86-515.1 shall not constitute agriculture. The keeping of horses in compliance with section 86-515.2 shall not constitute agriculture. A garden accessory to a residence shall not be considered agriculture (see definition for Garden, home).

Amateur radio tower means a structure on which an antenna is installed for the purpose of transmitting and receiving amateur radio signals erected and operated by an amateur radio operator licensed by the Federal Communications Commission (FCC).

Antique shop means a place offering primarily antiques for sale. An antique for the purposes of this chapter shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old.

Asphalt plant means an establishment engaged in manufacturing or mixing of paving materials derived from asphaltic mixtures or tar.

Assembly hall means a building, designed and used primarily for the meeting or assembly of a large group of people for a common purpose. Typical uses include meeting halls, union halls, bingo halls, and catering or banquet facilities.

Assisted care residence means an establishment, regulated by the Commonwealth of Virginia, that provides shelter and services which may include meals, housekeeping, and personal care assistance primarily for the elderly. Residents are able to maintain a semi-independent lifestyle, not requiring the more extensive care of a nursing home.

Automobile dealership, new means an establishment that uses building, land area or other premise for the display of new and used automobiles, trucks, vans, or motorcycles for sale or rent, including any warranty repair work and other major and minor repair service conducted as an accessory use.

Automobile dealership, used means a lot or establishment where three or more used or previously-owned motor vehicles, including automobiles, trucks, and motorcycles are displayed at one time for sale.

Automobile parts/supply, retail means retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services.

Automobile rental/leasing means rental of automobiles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.

Automobile repair service, major means repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. This includes minor automobile repairs in conjunction with major automobile repairs. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted.

Automobile repair service, minor means repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services and similar repair and service activities where minor repairs and routine maintenance are conducted.

Aviation facility, general means landing fields, aircraft parking, service facilities and related facilities for the operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

Aviation facility, private means any area of land used or intended to be used for the landing or taking-off of aircraft for personal use of the tenant or owner of the site, and not available for public use or commercial operations. Aircraft include all fixed wing planes and gliders, including hang gliders.

Bed and breakfast means a dwelling, occupied by the owner or member of owner's immediate family or, with the written permission of the owner, tenant leasing the entire home, in which not more than five bedrooms are provided for overnight guests for compensation, on daily or weekly basis, with or without meals.

Brewpub means a restaurant featuring beer that is brewed, on site, as an accessory use, either for consumption on-site or in hand-capped containers.

(1)

The area used for brewing, bottling, and kegging shall not exceed 30 percent of the total floor area of the commercial space.

Business support service means an establishment or place of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.

Business/trade school means a school providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university.

Car wash means an establishment that washes and cleans vehicles. Typical uses include automatic conveyor machines and self-service vehicle washes.

Cemetery means land used or dedicated to the burial of the dead, including columbariums, crematoriums, mausoleums, and necessary sales and maintenance facilities. Funeral services use types shall be included when operated within the boundary of such cemetery.

Club means a use providing meeting or social facilities for civic or social clubs, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. This definition shall not include fraternal or sororal organizations associated with colleges or universities. A club does not include a building in which members reside.

Commercial indoor amusement means an establishment which provides multiple coin operated amusement or entertainment devices or machines as other than an incidental use of the premises. Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, and video arcades.

Commercial indoor entertainment means an establishment conducting predominantly spectator uses within an enclosed building. Typical uses include motion picture theaters, and concert or music halls.

Commercial indoor sports and recreation means an establishment conducting predominantly participant uses within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor shooting ranges, indoor racquetball, swimming, and/or tennis facilities.

Commercial outdoor entertainment means an establishment conducting predominantly spectator uses in open or partially enclosed or screened facilities. Typical uses include sports arenas, go-cart, lawn mower, motor vehicle or animal racing facilities, tractor pulls, and outdoor amusement parks.

Commercial outdoor sports and recreation means an establishment conducting predominantly participant uses in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.

Communications service means an establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded from this use type are facilities classified as utility services — major or minor. Typical uses include television studios, telecommunication service centers, telegraph service offices or film and sound recording facilities.

Community recreation means a recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development.

Composting means a process by which animal wastes and plant discards are combined and manipulated to produce a soil additive/nutrient. Composting does not include the processing of municipal wastes.

Construction sales and service means an establishment or place of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include lumber yards, building material stores and home supply establishments.

Construction yard means an establishment housing facilities of businesses primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards.

Consumer repair service means an establishment primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

Convenience store means an establishment primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores may include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores.

Correction facility means a public or privately operated use providing housing and care for individuals legally incarcerated, designed to isolate those individuals from a surrounding community.

Crisis center means a facility providing temporary protective sanctuary for victims of crime or abuse including emergency housing during crisis intervention for individuals, such as victims of physical attacks, rape, or abuse.

Cultural service means a library, museum, or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts or sciences.

Custom manufacturing means establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses.

Dance hall means an establishment in which more than ten percent of the total floor area is designed or used as a dance floor, or where an admission fee is directly collected or some other form of compensation is obtained for admission to or use of a dance floor.

Day care center means a facility operated for the purpose of providing care, protection and guidance to 13 or more individuals during only part of a 24-hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period.

Donation bin means an unattended container, receptable or similar device used for the purpose of soliciting and collecting donated items such as clothing or household goods.

Duplex means the use of an individual lot for two dwelling units which share at least one common wall, each occupied by one family.

Educational facility, college/university means an educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees.

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

Equipment sales and rental means an establishment primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, similar industrial equipment, and the rental of recreational vehicles. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

Extended stay lodging means a building or group of attached or detached buildings containing lodging units available for rental or lease to transients for periods of 30 consecutive days or more. Lodging units generally contain full kitchens and kitchen wares, and onsite guest laundry facilities, periodic maid service, and may offer restaurants, meeting rooms and/or recreation facilities.

Family day care home means a single-family dwelling in which more than five but less than 13 individuals receive care, protection and guidance during only part of a 24-hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home, or is providing the care, shall not be counted towards this total. The care of five or less individuals for portions of a day shall be considered a home occupation.

Farmers market means a place where locally-grown plants, produce, canned goods, or baked goods excluding livestock are sold on a temporary or seasonal basis to the general public. It shall not include wholesale or bulk sales to commercial enterprises or the sale of crafts, household items, or other non-agricultural products.

Financial institution means an establishment that provides financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, free-standing automatic teller machines, and lending establishments, but, for purposes of this chapter, not including a "pawn shop" or a "payday loan establishment" which are defined separately.

Flea market means a business engaged in the sale of used or new items, involving regular or periodic display of merchandise for sale or for bartering, that may be located outdoors or indoors.

Food bank, food pantry, or similar uses means a public or charitable institution that collects and/or distributes food or edible commodities to individuals in need. This can include food banks, food pantries, soup kitchens, hunger relief centers or other food or feeding centers similar in nature.

Funeral services means establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include mortuaries and crematories.

Garden center means establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential and commercial consumers. Such establishments typically sell products purchased from others, but may sell some material which they grow themselves. Typical uses include nurseries, plant stores and lawn and garden centers.

Garden, community means a garden in a residential district for the production of vegetables, fruits and flowers specifically intended for use and/or consumption by the residents of the general community and not for commercial production.

Garden, home means a garden in a residential district for the production of vegetables, fruits and flowers specifically intended for use and/or consumption by the occupants of the premises and not for commercial production. For purposes of this chapter, a home garden is considered an accessory use of the parcel to a primary use.

Gasoline station means any place of business with fuel pumps and gasoline storage tanks which provides fuels for motor vehicles.

General office means use of a site for business, professional, or administrative uses excluding medical offices. Typical uses include real estate, insurance, management, travel, computer software or information systems research and development, or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices. Retail sales do not comprise more than an accessory aspect of the primary activity of a general office.

Golf course means a tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par three golf courses. Specifically excluded would be independent driving ranges and any miniature golf course.

Governmental service means a governmental office providing administrative, clerical or public contact services that deal directly with the citizens. Typical uses include federal, state, city, town and county offices.

Group home means a building used as a dwelling unit where not more than eight mentally ill, intellectually disabled, or other developmentally disabled persons, not related by blood or marriage, reside, with one or more resident counselors or other staff persons and for which the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority, pursuant to Code of Virginia, § 15.2-2291. Excluded from this definition are drug or alcohol rehabilitation centers, half-way houses and similar uses.

Guidance service means a use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance or therapy for only part of a 24-hour day. This use type shall not include facilities operated for the treatment of drug addiction or substance abuse.

Halfway house means an establishment providing residential accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction, to persons reentering society after being released from a correctional facility or other institution, or to persons suffering from similar disorders or circumstances.

Home occupation means an accessory use of a dwelling unit, or an accessory use of an accessory building on a residential property, for gainful employment involving the production, provision, or sale of goods and/or services in accordance with article IV, use and design standards.

Hospital means a facility providing medical, psychiatric, or surgical service for sick or injured persons primarily on an in-patient basis and including ancillary facilities for outpatient and emergency treatment diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Hotel/motel/motor lodge means a building or group of attached or detached buildings containing lodging units available for rental or lease to transients for periods of less than 30 consecutive days. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms and/or recreation facilities.

Indoor pet boarding facility is a building or structure located on any lot or parcel in which more than five dogs and cats are kept, trained, or boarded for a fee. Indoor pet boarding facility may include pet day care facility.

Intermodal facility means a facility where freight in transit is transferred from one mode of transportation (air, rail, truck, water) to another mode of transportation.

Kennel, commercial means the boarding, breeding, raising, grooming or training of five or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain.

Laboratory means an establishment primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental and forensic laboratories, x-ray services; and pharmaceutical laboratories only involved in research and development. Excluded from this use type are any laboratories which mass produce one or more products directly for the consumer market.

Landfill, construction debris means the use of land for the legal disposal of construction and demolition wastes consisting of lumber, wire, sheet rock, broken brick, shingles, glass, pipes, concrete, and metals and plastic associated with construction waste from land clearing operations consisting of stumps, wood, brush, and leaves.

Landfill, rubble means the use of land for the legal disposal of only inert waste. Inert waste is physically, chemically and biologically stable from further degradation and considered to be non-reactive, and includes rubble, concrete, broken bricks, and block.

Landfill, sanitary means the use of land for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations.

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

Life care facility means a residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing home type care where all related uses are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents.

Manufactured home means a structure subject to federal regulations, built since June 15, 1976, which is transportable in one or more sections; is eight 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-family dwelling, with or without a permanent foundation when connected to the required facilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. This structure is not constructed to meet the Industrialized Building Code, Council of American Building Officials, Virginia Uniform Statewide Building Code Use Group R-4.

Manufactured home park means one or more contiguous parcels of land in which two or more lots are provided for manufactured homes.

Manufactured home sales means an establishment primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment.

Manufactured home, emergency means a manufactured home used temporarily for the period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other act of nature, or used temporarily as housing relief to victims of a federally declared disaster in accordance with section 86-456.

Manufacturing, light means the manufacturing, processing, compounding, assembly and packaging of products from processed or unprocessed raw materials, where the finished product is nonexplosive, toxic or otherwise hazardous. This manufacturing may produce noise, vibrations, illumination, or particulate that is perceptible to adjacent land users, but is not offensive or obnoxious. Odors produced on-site shall not have a material negative effect on other businesses or properties in the area. This use shall include any packaging of the product being manufactured on-site. Examples include, but are not limited to, the production of the following: glass products made from manufactured glass; clay and pottery products; food and beverage products; candy and other confectionery products; cosmetics; electronic equipment or hardware; pharmaceuticals, computer software, products made from rubber, plastic, or resin; converted paper and cardboard products; textile production, including apparel; medical appliances; fabricated metal products made from semifinished metals and other products of a similar nature or requiring similar production characteristics.

Meat packing and related industries means industries processing of meat products and by-products directly from live animals or offal from dead animals.

Medical office means use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Excluded from this definition shall be facilities operated for the treatment of drug addiction and substance abuse. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the commonwealth.

Microbrewery means a facility for the production, bottling, packaging and sale of beer, malt beverages, mead, wine, artisan spirits, and/or hard cider, produced on site for distribution, retail or wholesale, on or off-premises sales, with a capacity of not more than 15,000 barrels per year.

(1)

If operated in conjunction with a restaurant, the operation shall be considered a brewpub.

(2)

The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district.

(3)

All state ABC laws shall apply to the production and sale of all alcoholic beverages.

Mini-storage means a building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of 400 square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods. Cubicles may or may not be climate controlled.

Mobile home means a factory assembled structure or structures equipped with the necessary service connections and made to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit without a permanent foundation and built before June 14, 1976 (also see Manufactured Home). This unit does not meet the requirements of the Council of American Building Officials (CABO) or the Virginia Uniform Statewide Building Code Use Group R-4. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon will be moved from time to time at the convenience of the owner.

Modular home means a dwelling unit constructed on-site in accordance with the Virginia Uniform Statewide Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Modular home sales means a site used for the construction and display of model modular homes, including a sales office and incidental storage associated with the construction of the model homes.

Multi-family dwelling means a building or portion thereof which contains three or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high rise apartments, apartments for elderly housing and condominiums.

Non-profit facility means a building owned or controlled by a non-profit organization holding an exemption under Internal Revenue Code Section 501(c) said exempt status to be evidenced by a currently valid exemption letter from the Internal Revenue Service. Such non-profit organization shall be in good standing with the Internal Revenue Service in all respects.

Nursing home means a use providing bed care and in-patient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease. Nursing homes have doctors or licensed nurses on duty.

Outdoor gathering means any temporary organized gathering expected to attract 500 or more people at one time in open spaces outside an enclosed structure. Included in this use type would be music festivals, church revivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this section. Such activities held on publicly owned land shall not be included within this use type.

Park and ride facility means a publicly-owned short term parking facility for commuters.

Parking facility, structure means a site used for a parking structure unrelated to a specific use which provides one or more parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this chapter. This use type shall not include parking facilities accessory to a permitted principal use.

Parking facility, surface means a site used for surface parking unrelated to a specific use which provides one or more parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this chapter. This use type shall not include parking facilities accessory to a permitted principal use.

Pawn shop means an establishment engaged in the loaning of money on the security of property pledged to a pawnbroker and the incidental sale of such property.

Payday loan establishment means a place of business engaged in offering small, short-maturity loans on the security of (i) a check, (ii) any form of assignment of an interest in the account of an individual or individuals at a depository institution, or (iii) any form of assignment of income payable to an individual or individuals, other than loans based on income tax refunds. For the purposes of this chapter, such establishments shall not be construed to be "banks" or "financial institutions."

Personal improvement services means establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health spas or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

Personal services means establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; tattoo and piercing establishments; grooming of pets; seamstresses, tailors; florists; and laundromats and dry cleaning services.

Planned unit development (i.e. — P.U.D.) means a type of building development specifically described by ordinance standards in which a thoughtfully designed grouping of varied and compatible land uses, such as housing, recreation, commercial centers, and industrial parks, are all contained within one overall development plan.

Post office means an establishment providing postal services directly available to the consumer operated by the United States Postal Service.

Public assembly means a facility owned and operated by a public or quasi-public agency accommodating public assembly for sports, amusement, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, fairgrounds, and sales and exhibition facilities.

Public maintenance and service facility means a public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment services centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

Public park and recreational area means publicly-owned and operated parks, picnic areas, playgrounds, indoor or outdoor athletic facilities, and open spaces.

P.U.D. See Planned unit development (above).

Railroad facilities means railroad yards, equipment servicing facilities, and terminal facilities.

Recreational vehicle sales and service means an establishment engaged in the retail sales of recreational vehicles, boats, and jet skis, including service and storage of vehicles parts and related accessories.

Recycling center means a receptacle or facility used for the collection and storage of recyclable materials designed and labeled for citizens to voluntarily take source separated materials for recycling.

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

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

Restaurant, fast food or drive-thru means an establishment engaged in the preparation and sale of food and beverages for take-out, delivery, or table service, served in disposable containers at a counter, a drive-up or drive-thru service facility, or at a curb.

Restaurant, general means an establishment engaged in the preparation and sale of food and beverages containing more than 3,000 gross square feet and typically characterized by table service to customers.

Restaurant, mobile means a readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, serving, and/or selling of food and operated at temporary locations. This definition shall include food trucks, food trailers, and food carts and shall not apply to ice cream trucks, "meals on wheels" or food home delivery services.

Restaurant, small means an establishment engaged in the preparation and sale of food and beverages containing no more than 3,000 gross square feet. Typical uses include cafes, coffee shops and small restaurants. Customers may be served over the counter or by table service by a wait staff.

Retail sales means an establishment engaged in sale or rental with incidental service, of commonly used goods and merchandise for personal or household use, excluding those classified more specifically by these use type classifications.

Safety service means a facility for the conduct of safety and emergency services for the primary benefit of the public, whether publicly or privately owned and operated, including police, fire protection, emergency medical and ambulance services.

Satellite dish antenna means an accessory use that is a combination of:

(1)

An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other distant sources;

(2)

A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and

(3)

A coaxial cable whose purpose is to carry the signals to the exterior of the building.

Sawmill means an establishment for the storage of harvested timber and/or the sawing of timber into lumber products.

Scrap and salvage service means a place of business primarily engaged in the storage, sale, dismantling or other processing of uses or waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, automotive wrecking yards, junk yards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies.

Shooting range, outdoor means a site where land is used for archery and the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting and the unstructured and nonrecurring discharging of firearms on private property with the property owner's permission.

Short-term rental means the primary or secondary use of a dwelling unit, or a portion thereof, by the owner or host for the provision of a room or space for compensation that is intended to be occupied for a period of fewer than 30 days and that typically uses a system of advertising, reservations, deposits, and confirmations.

Single-family dwelling means a site-built or modular building designed for or used exclusively as one dwelling unit for permanent occupancy.

(1)

Detached means a single-family dwelling which is surrounded by open space or yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means.

(2)

Attached means two single-family dwellings sharing a common wall area, each on its own individual lot.

Stable, private means the boarding, keeping, breeding, pasturing or raising of horses, mules, donkeys, ponies or llamas exclusively for personal use and enjoyment by the owner or occupant of the property or the riding of said animals by the owner or occupant of the property and/or their non-paying guests.

Studio, fine arts means a building, or portion thereof, used as a place of work by a sculptor, artist, photographer or similar artisan and/or for sale of such products.

Substance abuse clinic means an establishment which provides outpatient services primarily related to the treatment of alcohol, or other drug or substance abuse disorders, which services include the dispensing and administering of controlled substances and pharmaceutical products by professional medical practitioners as licensed by the commonwealth.

Temporary family health care structures means as described by Code of Virginia, § 15.2-2292.1 and in section 86-460 of this chapter, a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, and which has been primarily assembled at a location other than the site of installation.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas. The term includes but is not limited to radio and television transmission towers, microwave towers, common-carrier towers, and cellular telephone and wireless communication towers. Tower types include, but are not limited to monopoles, lattice towers, wooden poles, and guyed towers. Excluded from this definition are amateur radio towers, which are otherwise defined.

Townhouse means a grouping of three or more attached single-family dwellings in a row in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from each other by one or more common walls.

Transfer station means any storage or collection facility which is operated as a relay point for municipal solid waste which ultimately is to be transferred to a landfill.

Transportation terminal means a facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or packages between modes of ground transportation, including bus terminals, railroad stations, and public transit facilities.

Travel center means an establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A travel center might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry, and similar uses.

Truck terminal means a facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck. 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.

Upper-story residential unit means residential dwellings, as a secondary or ancillary use in mixed-use commercial or office structures, located on any floor above the ground floor (second-story or above). Such units may provide a residence for the owner, manager, or employees of the business on the first-floor of the same building or may be rented out to the public.

Utility service, major means services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, water towers and tanks, community waste water treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission. This use type shall not include utility-scale solar facilities.

Utility service, minor means services which are necessary to support existing and future development within the immediate vicinity and involve only minor structures. Included in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, and well, water and sewer pump stations. Also included are all major utility services that were in existence prior to the adoption of this chapter.

Veterinary hospital/clinic means any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel.

Warehousing and distribution means an establishment specializing in storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses and moving/storage firms.

Wedding/event facility means a facility which is utilized by individuals or groups to accommodate private functions including but not limited to, banquets, weddings, celebrations, and other events. Civic, religious and community owned buildings are not included in this definition.

(Ord. of 10-11-2011(3), § 2; Ord. of 7-14-2015(1), § 1; Ord. of 4-12-2016(1), § 1; Ord. of 5-9-2017(2), § 1; Ord. of 8-8-2017(1), § 1; Ord. of 11-13-2018(1); Ord. of 5-14-2019(1), § 1; Ord. of 7-9-2019(3), § 1; Ord. of 2-13-2024(2); Ord. of 3-12-2024(1); Ord. of 4-11-2024; Ord. of 5-14-2024(1); Ord. of 3-11-2025(2), § 1; Ord. of 8-12-2025(1), § 1)