Pursuant to the provisions of section 15.2-2280 of the Code of Virginia, 1950, as amended, and in order to classify the territory of the town into zoning districts for the general purposes of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of the Town Charter and the Code of Virginia, this chapter is adopted as the zoning ordinance of the Town of Ashland. In accordance with the provisions of section 15.2-2283 of the Code of Virginia, 1950, as amended, this chapter is designed to give reasonable consideration to each of the following purposes, where applicable:

1. To provide for adequate light, air, convenience of access and safety from fire, flood, crime and other dangers;
   
2. To reduce or prevent congestion in the public streets;
   
3. To facilitate the creation of a convenient, attractive and harmonious community;
   
4. To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;
   
5. To protect against destruction of or encroachment upon historic areas;
   
6. To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, panic or other dangers;
   
7. To encourage economic development activities that provide desirable employment and enlarge the tax base;
   
8. To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;
   
9. To protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities;
   
10. To promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the town as well as a reasonable proportion of the current and future needs of the planning district; and
    
11. To protect surface water and ground water as defined in section 62.1-255 of the Code of Virginia, 1950, as amended.

State Law References: Purpose of zoning ordinances, Code of Virginia, § 15.1-489.

1. Applicability of section. For the purposes of this chapter, and unless specifically prescribed to the contrary elsewhere in this chapter, certain words and terms shall be interpreted as set forth in this section. Words and terms not defined here or elsewhere in this chapter shall be interpreted in accordance with such normal dictionary meaning or customary usage as is appropriate to the context.
   
   
2. General rules. The following general rules of interpretation shall apply throughout this chapter as they are appropriate to the context.
   
   1. Words used in the present tense include the future tense, words used in the singular number include the plural number and words in the plural number include the singular number, unless the obvious construction of the wording indicates otherwise.
      
   2. The word "shall" is mandatory; "may" is permissive.
      
   3. Unless otherwise specified, all "distances" shall be measured horizontally and shall be the shortest distance between the points for which the distance specified.
      
   4. The word "building" includes the word "structure" and includes any part thereof; the word "lot" includes the words "plots" and "parcel;" and the word "land" includes the words "water" and "marsh."
      
   5. The terms "main" and "principal" are synonymous.
      
   6. The word "used" shall be deemed also to include "intended, designed or arranged to be used," "occupied," "erected," "reconstructed," "altered," "placed" or "moved."
      
   7. The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of building."
      
   8. The word "commonwealth" means the Commonwealth of Virginia.
      
   9. The word "town" means the Town of Ashland, Virginia.
      
   10. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
       
3. Certain words and terms defined. The following words and terms shall be interpreted as having such meaning as described herein, unless a specific meaning to the contrary is indicated elsewhere in this chapter.

Accessory apartment. A separate and complete dwelling unit that is incidental to and contained within the same structure as a single-family detached dwelling unit or within an accessory building on the same lot, and which meets all of the conditions and limitations for such use set forth in this chapter.

Accessory building or accessory structure. A building or structure separate from the main building on a lot and used for purposes customarily incidental and clearly subordinate to the principal use of the lot on which it is located. Where such building or structure is attached by walls or roof to a main building, it shall be considered to be a part of the main building.

Accessory use. A use of land or a use of a building or structure for purposes customarily incidental and clearly subordinate to the principal use of the lot on which it is located.

Adult cabaret. A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas for observation by patrons therein.

Adult use. Any adult book store, adult motion picture theater, or massage parlor/health club as defined below:

1. Adult book store. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, and other media (such as films, video tapes, video cassettes or video discs) which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" (as defined below) or "specified anatomical areas" (as defined below) or an establishment with a segment or section devoted to the sale or display of such material.
2. Adult motion picture theater. An enclosed building or outdoor facility used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" (as defined below) or "specified anatomical areas" (as defined below), for observation by patrons therein, and including any so called "peep show" or individual motion picture machines or similar viewing devices.
3. Massage parlor/health parlor. Any place, establishment or institution, which is operated for the purpose of providing one or more of the following services at such establishment or on a house-call basis: physical massage of the body of another; steam bath; hot box; electrical, mechanical or chemical magnetic bath and stimulation exercises. Excluded are the following: hospitals, nursing homes, medical clinics, offices or quarters of duly certified massage therapists, physicians, chiropractors, osteopaths, or facilities operated by federal, state or county agencies, or barbershops and beauty parlors. Also excluded are health and fitness clubs with steam baths and hot boxes provided that no more than ten (10) percent of the club's gross floor area consists of steam baths and hot boxes.

Agriculture, limited. The use of a tract of land of not less than five (5) acres for:

1. The tilling of the soil;
   
2. The growing of crops or plant growth of any kind in the open, including forestry;
3. Pasturage;
4. Horticulture;
5. Dairying;
6. Floriculture; or
7. Raising of poultry and livestock, where the ratio of livestock on a parcel does not exceed one animal per acre.
   The term "limited agriculture" shall not include the following:
   1. The maintenance and operation of commercial greenhouses and hydroponic farms;
   2. The feeding of garbage to animals;
   3. The raising of fur-bearing animals as a principal use;
   4. The operation or maintenance of a commercial stockyard;
   5. The keeping of livestock, fowl and animals of a wild nature, except the keeping of rabbits, hamsters, mice, guinea pigs and other similar such animals, or birds or fowl for personal use or enjoyment, when such are not kept for sale or other commercial purpose and when such animals, birds or fowl are confined to the interior of the dwelling or other permitted accessory building not designed for the primary purpose of keeping such animals, birds or fowl.
      

Alley. A right-of-way which provides secondary service access for vehicles to the side or rear of abutting property.

Alterations, structural. Any change, removal, replacement, reinforcement or addition of beams, ceiling and floor joists, reinforced concrete floor slabs, (except those on fill), load bearing partitions, columns, exterior walls, stairways, roofs, corridors or other structural materials used in a building that support the said beams, ceiling and floor joists, load bearing partitions, columns, exterior walls, stairways, roofs or structural materials used in the building or structure.

Amusement center. A building, portion of a building or area outside of a building, where five (5) or more video game machines, pinball machines, pool or billiard tables or other similar player-operated amusement devices or any combination of five (5) or more such devices are maintained for use by the public. A public billiard parlor or poolroom shall be considered an "amusement center."

Antenna. A usually metallic device for radiating or receiving radio waves.

Art gallery. A room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised, or exhibited to the general public.

Artist studio. Space for the creation of original visual or performing art projects in limited edition or unique quantities. Creative process may include design, fabrication, rehearsal, or performance elements, among others, in the project. The art studio may contain an incidental retail element.

Assembly hall. A building or structure designed or intended for use for the gathering of people as an audience to hear music, lectures, plays, and other presentations.

Assisted living or care facility. A facility providing a special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. Such facilities include nursing homes, convalescent homes, rest homes, and may also provide adult day care services as an accessory use to these uses.

Attention getting device. A device placed upon or attached to any land, structure, building or vehicle to promote or advertise the sale of goods, wares, merchandise, events or services. The device includes pennants, banners, banner signs, streamers, vertical flag, teardrop flag, bow flag, banner blade, feather flag, balloons, inflatable devices, and any similar device not specifically mentioned here of any configuration when displayed outside. This includes any animated display.

Auction house. A place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other, with all events and storage of inventory entirely enclosed in a permanent building or structure.

Automobile graveyard. See “junkyard.”

Automobile. All on-road vehicles and trailers, including motorcycles to be licensed from the Virginia Department of Motor Vehicles (DMV), and not classified as either heavy or recreational equipment. As an accessory use, this may include a facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting. All work and repairs must be performed on-site and in a fully enclosed building. 

Automobile, Distribution. The distribution and temporary storage of items defined as Automobile, and not classified as either heavy or recreational equipment. As an accessory use, this may include a facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting. All work and repairs must be performed on-site and in a fully enclosed building. Business examples in this definition include, but are not limited to, automobile repossession and towing companies. Due to the ability to negatively impact the health, safety, and welfare of neighboring properties and the Town, the following are requirements must be met:

1. Outdoor storage areas must be a minimum 50’ setback from the public
   right-of-way; and 
2. No repossessed automobiles or any other automobiles inside the gated area should be visible from any public right-of-way; and 
3. Outdoor storage excludes storage of vehicle parts, such as tires or
   engines; and  
4. A record system, whether it be paper or electronic, shall be made available for review by the Town of Ashland at any time for make, model, and serial number for all parts purchased or sold as well as for repair work performed. 

Awning. A shelter extending from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.

Bakery, retail. An establishment primarily engaged in the retail sale of baked products for consumption off site. The products may be prepared either on or off site. Such use may include incidental on-site food service.

Bed and breakfast. A use which is subordinate to the principal use of dwelling unit as a single-family unit occupied by the owner; such use shall include providing lodging on a nightly basis for periods of less than two (2) weeks and where not more than one meal daily is provided in connection with the provision of sleeping accommodations. No use shall be so defined which offers food or beverage for compensation to any persons other than transient guests being accommodated therein.

Block. That property fronting on one side of a street and lying between two (2) intersecting streets or otherwise limited by a railroad right-of-way, a stream, unsubdivided tract or other physical barrier of such nature as to interrupt the continuity of development.

Billboard. See "sign, billboard."

Board. The board of zoning appeals for the town.

Boarding house. A "rooming house."

Boarding kennel. A place designed and used to house, board, breed, handle or otherwise keep or care for dogs, cats, or other household pets in return for compensation.

Brewery, Distillery or Winery. A facility for the production and packaging of alcoholic beverages for distribution, retail or wholesale on- or off-premises, with production capacity of more than 10,000 barrels per year for breweries or 5,000 gallons per year for distilleries.

Buildable area. The area of that part of the lot not included within the yards or open spaces herein required.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any persons, animals, chattels, equipment, goods, materials or activities of any kind.

Building/business frontage. The portion of a building or business where the primary entrance(s) is located.

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

Building, height of. The vertical distance measured from the average of the highest and lowest finished grades immediately adjacent to a building or a structure to the highest point of a flat roof, mansard roof, or to the midpoint of a gable, hip or shed roof, or to the highest point of a structure having no roof. A parapet not exceeding four (4) feet in height may exceed the height limit.

Building inspector. An appointed official who is responsible for enforcing the provisions of the uniform statewide building code within the jurisdiction of the town. Also the "building official."

Building, main. A building in which is conducted the principal use of the lot on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the lot on which the same is located if the lot is used primarily for residential purposes.

Building, unit. A portion of space within a building or structure, separated by walls or partition from other parts of the structure or building in which it is located. A commercial use may contain multiple rooms as part of a unit. See dwelling, unit for residential structures.

Building supplies and service. A retail sales establishment primarily engaged in the retail or wholesale sale of materials and equipment used in the construction of buildings or other structures, but specifically excluding automobile sales. Such uses typically include building material stores and home supply establishments.

Business apartment. A business space in the B-1 zoning district arranged in a manner that permits or includes an area on the first floor not to exceed seven hundred (700) square feet used for living space. Regardless of the foregoing, at least fifty (50) percent of the total floor area of the first floor must be devoted to work or sales, and the work or sales space must front on the street. The living area shall be occupied only by the owner or manager of the business. The entire unit's street front façade shall be occupied by nonresidential uses and treated as pedestrian-oriented with interior views of the commercial space and a clearly designed business entrance.

Caliper. The diameter of a tree at the specified distance above ground level. Unless otherwise noted, the caliper shall be measured four and one-half (4 ½) feet above ground level for existing trees and six (6) inches above ground level for newly planted trees.

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

Car wash. Facilities for the washing and cleaning of vehicles, including automatic and self-service car washes.

Carport. Any space outside a building or contiguous thereto, wholly or partly covered by a roof, and used for the shelter of motor vehicles. An unenclosed carport is a carport with no side enclosure that is more than eighteen (18) inches in height, exclusive of screens (other than the side of the building to which the carport is contiguous).

Catering establishment. An establishment in which food and meals are prepared on the premises, and are delivered to another location for consumption.

Church or place of religious worship. An institution that people regularly attend to participate in or hold religious services. The term “church” shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

Circuit court. The circuit court for Hanover County.

Clinic. An establishment where human patients who are not lodged overnight are admitted for examination or treatment by physicians, dentists or other professionals licensed by the state board of medicine.

Club, private. Those associations and organizations of a fraternal or social character not operated or maintained for profit, but the terms shall not include night clubs or institutions operated as a business.

Colleges. Any institutions accredited by the State Department of Education and/or authorized by the State Council of Higher Education to award degrees; and including all uses customarily associated with an institution of higher education such as dormitories, classroom buildings, athletic fields, libraries, etc.

Commercial. Any wholesale, retail or service business activity established to carry on trade for a profit.

Commercial kitchen. A culinary establishment that prepares baked goods and other food products for wholesale distribution to retailers or other wholesalers. This does not include meat processing, distilling, or brewing.

Commission. The planning commission of the town.

Community center. A building, which may include related outdoor areas, used for recreation, social, educational, and/or cultural activities, owned or operated by a governmental agency, civic association or other not-for-profit entity, when such use serves residents of an adjacent residential community and is not operated for commercial purposes.

Community garden. A private or public area for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

Comprehensive plan. The comprehensive plan for the town as adopted and as amended.

Conditional use. A use listed as such in this chapter and which may be permitted in a specified district under certain conditions, such conditions to be determined in each case by the terms of this chapter and by the town council, after public hearing and report by the planning commission in accordance with the procedures specified by this chapter.

Contractor’s office. A commercial use serving the need of a contractor business where the contractor maintains its principal office or a permanent business office. Accessory uses that coincide with normal business practice include parking for employees or fleet vehicles, servicing of business vehicles or equipment, and storage of contracting equipment and other materials customarily used in the trade carried on by the contractor. Any land or buildings used primarily for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, electrical components, or similar, used by the owner or occupant of the premises in the conduct of any building trades or building craft, shall meet the applicable regulations, such as outdoor storage and screening. 

Convenience stores. A small retail establishment primarily selling groceries and providing a limited variety of goods or merchandise to the general public for personal or household use.

Corporate flag. A flag flown on a flag pole to display only a business name and/or logo with no other advertising thereon.

Datacenter. A facility used to house servers, computers, or telecommunications equipment for processing, storing, or transferring digital information.

Day care center or day nursery. A facility complying with applicable state licensing requirements and operated for the purpose of providing care, protection and guidance to a group of more than five (5) children separated from their parents or guardians during a portion of the day, not including children of a family residing on the premises.

Day care center, adult. A facility providing care, protection, recreation, and therapeutic services to four (4) or more for disabled or elderly adults who reside elsewhere. Licensed by the State Board of Health or Department of Mental Health, Mental Retardation and Substance Abuse Services. Adult day care services are not intended to include any services provided as part of a probationary program or a substance abuse program.

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

Development, minor. Any development involving three (3) or fewer lots and involving a land area of less than two (2) acres and not requiring the extension of any new streets, water and/or sewer lines.

Development, major. Any development that is not a minor development.

Distribution center. A building primarily used for the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle. May include warehousing, storage buildings, or office warehouses. All items intended for storage or shipment must be stored in an enclosed area.

District. A portion of the territory of the town in which certain uniform regulations and requirements of various combinations thereto apply under the provisions of the adopted zoning ordinance.

Drive-in theater. An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions to patrons seated in automobiles.

Duplex. A two-family dwelling.

Dwelling. Any structure which is designed for residential purposes except hotels, boarding houses, lodging houses, tourist cabins, motels, manufactured homes and campers.

Dwelling, apartment. A dwelling unit occupying a part of a building in which other such dwelling units and/or other uses are also located.

Dwelling, cottage court. A collection of single-family  detached dwellings arranged around and fronting on a common green space, instrad of individual street frontage; utilities and other impovements being designed to permit individual and separate ownership of such lots and dwelling units. 

Dwelling, multifamily. A structure arranged or designed to be occupied by three (3) or more families, the structure having three (3) or more dwelling units.

Dwelling, single-family, attached. A single-family dwelling attached to one other one-family dwelling by a common vertical wall with a zero (0) setback line between two (2) lots.

Dwelling, single-family, detached. A structure arranged or designed to be occupied by one family, the structure having only one dwelling unit and which is not attached to any other dwelling by any means.

Dwelling, townhome. A group or row of not less than three (3) single-family dwelling units, but not more than a group or row of six (6) units, with such units attached to the adjacent dwelling or dwellings by party walls with lots, utilities and other improvements being designed to permit individual and separate ownership of such lots and dwelling units.

Dwelling, two-family. A structure arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units on one parcel of land. Also, referred to as a duplex.

Dwelling unit. One or more rooms in a dwelling designed for living or sleeping purposes, and having only one kitchen.

Educational facilities. A public or private facility for the specialized education or instruction of professional, vocational or art-based skills arranged in a non-traditional or business/office oriented setting not including any form of student housing. Services offered include education or training in business, commerce, language, art, singing, sculpting, yoga studio, dance or other similar activity or occupational pursuit, including culinary arts schools and academies. Not otherwise defined as a schools or colleges.

Electric vehicle charging station. Electric vehicle charging station means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

Extended stay permit. A permit issued by the Town of Ashland that enables a hotel or motel that meets the proper requirements set forth in Chapter 20 of the Ashland Town Code to permit guests to stay at the hotel or motel for more than 29 consecutive days, but less than 90 consecutive days in a six month period.

Family. One or more persons related by blood, marriage or adoption, including foster children and household employees, or not more than three (3) unrelated persons occupying a single-family dwelling, living together as a single nonprofit housekeeping unit.

For purposes of this definition, not more than eight (8) unrelated mentally ill, mentally retarded, or developmentally disabled persons, with one or more resident counselors or other staff persons, occupying a residential facility for which the department of mental health, mental retardation and substance abuse services of the Commonwealth of Virginia is the licensing authority pursuant to the Code of Virginia, shall be considered residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in section 54.1-3401 of the Code of Virginia, 1950, as amended.

The term “family” shall also include not more than eight (8) handicapped persons, as defined by the Federal Fair Housing Act, occupying a single dwelling unit, together with one or more resident counselors or other staff persons.

A family day home as defined in section 63.1-195 of the Code of Virginia, 1950, as amended, and serving not more than five (5) children, exclusive of the provider's own children and any children who reside in the home, shall be considered as residential occupancy by a single family.

The term “family” shall not be construed to include a fraternity, sorority, club or a group of persons occupying a hotel, motel, lodging house or institution of any kind, except as specifically included by this definition.

Farmer’s market. A place where Virginia grown plants, produce and baked goods are sold on a temporary or season 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 nonagricultural products.

Feed mill. A structure or building used to store or grind grain for animal or human consumption.

Financial institution. An establishment where the principal business is the receipt, disbursement or exchange of funds and currencies including, but not limited to, banks, savings and loans, or credit unions.

Firework sales. The temporary sale of any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation.

Flag. Emblem or insignia of a nation or other governmental unit, political subdivisions of the United States or of bona fide civic, charitable, fraternal or welfare organizations.

Flag pole. A ground or wall-mounted fixed pole to raise a flag on. This does not include an antennae on a stationary car, truck, or vehicle.

Floodplain. Continuous sections of land, adjacent to bodies of water, which are subject to periodic flooding and inundation.

Floor area. The sum of the gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings.

Fraternity/sorority house. A social or academic association of the students or alumni or alumnae of a college or university usually having a name consisting of Greek letters, recognized by a nationally chartered society and recognized by an accredited institution of higher learning, in Ashland, and recognized by the State Council of Higher Education for Virginia.

Freestanding emergency department. A licensed facility that is structurally separate and distinct from a hospital and provides emergency care. Also referred to as an off-site hospital-based or satellite emergency department. Patients are not permitted to stay beyond 24 consecutive hours.

Frontage. The portion of a lot abutting a street and being situated between the lot lines intersecting the street, also referred to as “lot frontage,” or “street frontage.” “Frontage” is also the minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the minimum required setback as defined and required herein. See also, “lot, width of.”

Fuel station. Any place of business used for the storage, dispersal, sale, or offering of natural gas, fuels, liquids, and oils for motor vehicles. Such uses may also include the retail sale of convenience items as a secondary activity. Any establishment that offers motor vehicles natural gas, fuels, liquids, and oils for sale or dispersal, whether as a primary or accessory use, shall be considered a gas station.

Funeral home. A facility for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. Such uses may include funeral chapels and crematoriums.

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

Garage, public parking. A building or portion thereof, other than a private garage designed or used for storing of motor vehicles.

Governing body. The town council of the town.

Grade. Grade elevation shall be determined by averaging the elevations of the finished ground at the highest and lowest elevations immediately adjacent to the perimeter wall of the building.

Grocery store. A large, self-service store selling a wide variety of food products, including perishable items like meat, produce and dairy, along with general merchandise items like cleaning supplies, paper products, and health/beauty care products. Some grocery stores also include a floral department, alcohol and tobacco sales, and have banks or other businesses located within the store itself.

Guest house. Living quarters within a detached accessory building for use by temporary guests of the occupants of the premises, such quarters having no separate utility meters, and not rented or otherwise used as a separate dwelling.

Health official. The legally designated health authority of the state department of health for the town, or his authorized representative.

Equipment and machinery, heavy. A movable or transportable vehicle, piece of machinery, or other apparatus commonly used in agricultural, commercial, industrial, or construction enterprises including, but not limited to, trucks, trailers, bulldozers, backhoes, rollers, loaders, lifts, tractors, harvesters, or combines with a registered gross weight of twelve thousand (12,000) pounds or more.

Equipment and machinery, light. A movable or transportable vehicle, piece of machinery, or other apparatus commonly used in agricultural, commercial, industrial, or construction enterprises including, but not limited to, trucks, trailers, bulldozers, backhoes, rollers, loaders, lifts, tractors, harvesters, or combines with a registered gross weight of less than twelve thousand (12,000) pounds.

Home occupation. Any occupation, profession, enterprise or similar activity conducted within a dwelling unit which is the residence of the practitioner or within a building accessory to such dwelling unit. In order to qualify as a home occupation, an activity as described herein must be clearly secondary to the principal dwelling use of the premises and must meet all of the standards set forth in ATC chapter 21, article XXV, supplemental regulations, which standards are intended to distinguish such activity from other business uses and to ensure compatibility with nearby residential uses.

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

Hotel/motel. A building or group of attached or detached buildings in which temporary lodging up to a maximum of twenty-nine days in a six month period is provided and offered to the public as transient guests in return for compensation. Such uses may provide additional services such as daily maid service, restaurants, meeting rooms, and/or recreation facilities. Such uses include hotels, motels, motor lodges, and motor courts. A hotel/motel that meets the requirements for an Extended Stay Permit may provide lodging for some of its guests for less than 90 consecutive days within a six month period of time in accordance with Chapter 20 of the Ashland Town Code.

Junkyard or automobile graveyard. The use of any area of land lying within three hundred (300) feet of a state highway or the use of more than fifty (50) square feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials. The term “junkyard” shall include the term “automobile graveyard” as defined in Chapter 304, Acts of 1939, Code of Virginia, as any lot or place which is exposed to the weather upon which more than five (5) motor vehicles of any kind, incapable of being operated, are placed.

Kennel. Any place, so designed that dogs cannot escape, where five (5) or more dogs, more than four (4) months of age are kept or maintained; or any place, so designed that dogs cannot escape, where any number of dogs over four (4) months in age are kept for the sole purpose of sale, rental, boarding, grooming or breeding for which any fee is charged. A kennel shall not be interpreted to include pet shop, the housing of dogs for purposes of biological research, or an animal shelter.

Laboratory or research institution. Use associated with scientific, medical, or other institutional and/or laboratory research. Animals regulated under federal law as research animals shall be permitted.

Laundromat. A building or part thereof where clothes or other household articles are washed in self-service machines with a capacity for washing not exceeding twenty (20) pounds dry weight and where such washed clothes and articles may also be dried or ironed and no delivery service is provided in connection therewith.

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

Livestock. Animals, other than dogs, cats and other household pets, which are kept or raised for use, profit or enjoyment, including cattle, horses, sheep, goats, swine, fowl, rabbits and similar animals.

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

Loading space. A space within a building or on the premises providing for the standing, loading, or unloading of vehicles.

Lodge. A facility, owned or operated by a corporation, association, person or persons, for social, educational, or recreational purposes, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business. A lodge does not include fraternities, sororities, or facilities for members to reside.

Logo, logogram, or logotype. An emblem, letter, character, pictograph, trademark, or symbol. used to represent any firm, organization, entity, or product.

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

Lot, corner. A lot abutting on two (2) or more streets at their intersection. Of the two (2) sides of a corner lot, the front shall be deemed to be the shorter of the two (2) sides fronting on streets.

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

Lot, double frontage. An interior lot having frontage on two (2) streets.

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

Lot, width of. The minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the minimum required setback as defined and required herein: see “frontage.”

Lot of record. A lot, a plat or description of which has been recorded in the clerk's office of the circuit court.

Lot line, front. The line separating the lot from a street on which it fronts. On a corner lot, the front shall be deemed to be along the shorter dimension of the lot; and where the dimensions are equal, the front shall be on that street on which predominance of the other lots in the block front.

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

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

Major thoroughfare. A street or highway so designated on the major thoroughfare plan of the town.

Major utilities. Facilities for the distribution, collection, treatment, production, transmission, and generation of public utilities including, but not limited to, transmission lines, production plants, plant expansions, electrical substations, pumping stations, treatment facilities, and communication facilities.

Manufacturing. The mechanical or chemical transformation of materials or substances into new products, including the production, processing, manufacturing, assembly, compounding, cleaning, servicing, storage, testing, repair and distribution of materials, goods or products including but not limited to oils, plastics, resins, etc.

Manufacturing, apparel, textiles, and fabric. Establishments that transform a basic fiber (natural or synthetic) into a product, such as yarn or fabric that is further manufactured into usable items, such as apparel, sheets, towels, and textile bags for individual or industrial consumption. These processes may include cutting and sewing or the manufacturing of garments in establishments that first knit fabric and then cut and sew the fabric into a garment.

Manufacturing, chemicals, basic chemicals, or nonmetallic mineral production. Establishments that transform organic and inorganic raw materials by a chemical process and the formulation of products. This also includes mined or quarried nonmetallic minerals, such as sand, gravel, stone, clay, and refractory materials, into products for intermediate or final consumption. Processes used include grinding, mixing, cutting, shaping, and honing. Heat often is used in the process and chemicals are frequently mixed to change the composition, purity, and chemical properties for the intended product.

Manufacturing, computer and electronic products, equipment, appliances and components. Establishments that manufacture computers, computer peripherals, communications equipment, and similar electronic products, and establishments that manufacture components for such products. Generally these products generate, distribute and use electrical power. Examples include, but are not limited to, electric lamp bulbs, lighting fixtures, and parts.

Manufacturing, machinery or fabricated metal products. Establishments that transform metal into intermediate or end products, other than machinery, computers and electronics, and metal furniture, or treat metals and metal formed products fabricated elsewhere. Processes are forging, stamping, bending, forming, and machining, used to shape individual pieces of metal; and other processes, such as welding and assembling, used to join separate parts together. These products are end products that apply mechanical force, for example, the application of gears and levers, to perform work.

Manufacturing, beverage tobacco, food, or agricultural products. Establishments that transform livestock and agricultural products into products for intermediate or final consumption. Processing raw materials, generally of animal or vegetable origin, are made into food products. Also included are manufacturers of beverages and nonalcoholic beverages. Alcoholic beverages through the fermentation process and distilled alcoholic beverages, as well as ice manufacturing. Manufacturing of tobacco includes industries engaged in redrying and stemming tobacco and those that manufacture tobacco products, such as cigarettes and cigars.

Manufacturing, furniture, pottery, and related products. Establishments that manufacture furniture and related articles, such as mattresses, window blinds, cabinets, and fixtures. Processes include the cutting, bending, molding, laminating, and assembly of such materials as wood, metal, glass, plastics, and rattan. This also includes the manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

Manufacturing, leather and allied products. Establishments that transform hides into leather by tanning or curing and fabricating the leather into products for final consumption. It also includes the manufacture of similar products from other materials, including products made from "leather substitutes," such as rubber, plastics, or textiles.

Manufacturing, paper and wood products. Establishments that manufacture wood products, such as lumber, plywood, veneers, wood containers, wood flooring, wood trusses, manufactured homes (i.e., mobile homes), and prefabricated wood buildings. The production processes includes sawing, planing, shaping, laminating, and assembling of wood products starting from logs that are cut into bolts, or lumber that then may be further cut, or shaped by lathes or other shaping tools. Paper manufacturing that constructs pulp, paper, or converted paper products. The manufacturing of these products is grouped together because they contribute a series of vertically connected processes.

Manufacturing, plastics and rubber products. Establishments that make goods by processing plastics materials or raw rubber. Plastics and rubber are combined in the same subsector because plastics are increasingly being used as a substitute for rubber; however the subsector is generally restricted to the production of products made of just one material, either solely plastics or rubber.

Manufacturing, printed and related support activities. Establishments that print products, such as newspapers, books, labels, business cards, stationery, business forms, and other materials, and perform support activities, such as data imaging, plate making services, and bookbinding. The support activities (e.g. printing plate, bound book, computer disk or file, etc.) are an integral part of the printing industry and are almost always provided by these operations.

Manufacturing, transportation equipment. Establishments that produce equipment and finished products for transporting people and goods. The production process is similar to those of other machinery manufacturing establishments - bending, forming, welding, machining, and assembling metal or plastic parts into components and finished products.

Manufactured home. Any structure complying with the Federal Manufactured Housing Construction and Safety Standards, which is transportable in one or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on a site; is built on a permanent chassis; is designed to be used for dwelling purposes by one family, with or without a permanent foundation, when connected to the required utilities; and which includes the plumbing, heating, air-conditioning, and electrical systems to be utilized in the structure. The term “manufactured home” includes the term “mobile home.”

Manufactured home lot. Any lot, area or tract of land used or designed to accommodate one manufactured home.

Marquee. A roof like structure or awning projecting over an entrance, as to a theater.

Media development or production studio. Commercial media (film, music, or photography) production that includes on-site filming, videotaping, recording, photography or other means of production. No artistic productions shall be produced which industry standards would consider pornographic or adult-only.

Medical office. A building used exclusively by physicians, dentists, and similar personnel for the treatment and examination of patients that stay no longer than 24 consecutive hourspremises.

Metal and gem dealers. An establishment for the purchasing, acquiring, and selling of precious metals and gems, and in accordance with ATC Chapter 9.1.

Micro-Brewery/Distillery/Winery. A facility for the production and packaging of alcoholic beverages for distribution, retail or wholesale, on- or off-premises, with production capacity of not more than 10,000 barrels per year for micro-breweries or 5,000 gallons per year for micro-distilleries and micro-wineries.

Mini-storage facility. A building or group of buildings in which wares or goods are stored, usually in separate, enclosed areas rented to individuals. Operation of any business using storage in such a facility is prohibited.

Mini-warehouse facility. A building or group of buildings in which wares or goods are stored, usually in separate, enclosed areas rented to individuals or businesses.

Minor utilities. Facilities for the distribution and collection of public utilities including poles, lines, distribution transformers, pipes, meters, and any other facilities necessary for the provision and maintenance of public utilities, including railroads and their facilities.

Motor vehicle title lender. Any establishment engaged in the business of lending money secured by a non-purchase interest in a motor vehicle.

Mural. A picture on an exterior surface of a structure. A mural is an attached sign only if it is related by language or logo to the advertisement of any product or service or the identification of any business.

Museum. A room or building for exhibiting, or an institution in charge of, a collection of books, or artistic, historical, or scientific objects.

Nonconforming building. A building or structure having one or more nonconforming features.

Nonconforming feature. A feature of a use, as distinguished from the use itself, or a feature of a building, which feature was lawfully existing at the effective date of this chapter or subsequent amendment thereto, and does not conform with the requirements established by this chapter or an amendment thereto. Features of uses or buildings shall be construed to include density, lot area, lot dimensions, yards, setbacks, open spaces, height, bulk, number of occupants, screening, landscaping, lighting, off-street parking, and similar requirements. A building having any such nonconforming feature may be referred to as a nonconforming building.

Nonconforming lot. A lot of record which was lawfully existing at the effective date of this chapter or subsequent amendment thereto, and which lot does not meet the lot area, lot width or other dimensional requirement of this chapter or an amendment thereto.

Nonconforming use. A principal or accessory use of land or of a building or structure, which use was lawfully existing at the effective date of this chapter or subsequent amendment thereto and is not a permitted use under the provisions of this chapter or an amendment thereto.

Office. A room, suite of rooms, or building used for conducting the affairs of a business, profession, service industry, or government.

Open space. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment, or for the use and enjoyment of owner and occupants of land adjoining or neighboring such open space. This area of land is to be unoccupied by habitable buildings, streets or parking lots.

Open space, common. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

Open space, required. Any space required in any front, side or rear yard.

Park. Any area that is predominantly open space, used principally for active or passive recreation, and not used for a profit-making purpose. This shall include common uses and recreational structures associated with active play and recreation, such as, but not limited to, playgrounds, community gardens, walkways, trails, recreation fields, basketball court, picnic tables and shelters, gazebo, tennis court, and equipment storage sheds. Any area designated by the town as a park. 

Park-and-ride lot. An off-street parking facility designed or intended to provide peripheral collection and storage of vehicles to accommodate commuter traffic into or out from the community, including accessory structures such as passenger shelters.

Parking lot. An open, unoccupied space used or required for use for parking of automobiles or other private vehicles exclusively and in which no gas or automobile accessories are sold or no other business is conducted and no fees are charged.

Parking space, off-street. An all-weather surfaced area not within a public street or alley right-of-way and having not less [area] than specified by this chapter, exclusive of driveways, and permanently reserved for the temporary parking of one vehicle, and connected with a street or alley by a surfaced driveway which affords ingress and egress for a vehicle without requiring another vehicle to be moved.

Party wall. A separating barrier common of two (2) or more adjacent dwellings consisting of a masonry wall. Projection above the roof line may be eliminated.

Personal services establishments. A business primarily engaged in providing services involving the care of a person or his or her apparel including, but not limited to, laundry, diaper service, beauty shops, barber shops, watch or jewelry repair, shoe repair, funeral services, etc.

Pet shop. A retail sales establishment primarily involved in the sale or grooming of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep, and poultry.

Philanthropic. Such institutions that dispense or receive aid from funds set aside for humanitarian purposes. (Red Cross, Christian Aid.)

Porch. The term “porch” shall include any porch, veranda, gallery, terrace or similar projection for a main wall of a building and covered by a roof, other than a carport as defined in this section. An “unenclosed porch” is a porch with no side enclosure (other than the side of the building to which the porch is attached) that is more than eighteen (18) inches in height, exclusive of screens.

Premises. A lot, together with all buildings and structures thereon.

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

Public building. A building, or part thereof, owned or leased and occupied and used by an agency or political subdivision of the United States of America, the commonwealth, the county or the town.

Public facilities. Uses, structures, and facilities made available for public service including, but not limited to, libraries, fire and emergency service stations, rescue squads, police stations, and administrative buildings.

Public water and sewer systems. The water or sewer system owned and operated by the town or other unit of government authorized by state law.

Real estate office. A business in the profession of buying, selling, or renting an item of real property. These items can include, but are not limited to, land, buildings, housing, or natural resources.

Recreational equipment, major. Travel trailers, pickup campers, motorized trailers, motor homes, recreational vehicles, houseboats, boats, other water craft, boat and water craft trailers and the like, and cases or boxes used for transporting such recreational equipment, whether occupied by such equipment or not.

Recreational equipment, minor. Equipment not requiring licensing from the Virginia Department of Motor Vehicles (DMV) or other state agencies, which includes, but is not limited to, golf carts, dirt bikes, ATVs, and kayaks.

Recreational facility, indoor. Predominantly participant uses conducted within an enclosed building, but not including public facilities. Typical uses include, but are not limited to, arcades, bowling alleys, billiard parlors and poolrooms, dance halls, ice and roller skating rinks, indoor racquetball, swimming, and/or tennis facilities. Restaurants and retail sales establishments with pool tables and video game machines as accessory uses shall not be considered an indoor recreational facilities.

Recreational facility, outdoor. Predominantly participant uses conducted in open or partially enclosed or screened facilities, but not including public facilities. Typical uses include, but are not limited to, driving ranges, miniature golf courses, tennis courts, motorized cart tracks, swimming pools, and athletic ball fields.

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

Repair services. Establishments primarily engaged in the provision of repair services, but excluding automotive repair uses. Such uses include, but are not limited to, appliance repair shops, bicycle repair, and musical instrument repair.

Repair or service station. A facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, commercial vehicles, recreational vehicles or equipment, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting. All work and repairs must be performed on-site and in a fully enclosed building.

Repurposing facility. An operation for the collection of used materials that have been separated off-site for re-use and are not intended for disposal. Materials are processed into finished products or are collected, aggregated, and transferred to another facility. Repurposing facilities are not for public drop-off and do not include solid waste disposal or a trash or recycling refuse center.

Residential district. A RR-1, RRC, RIn, R-1, R-2, R-3, R-4 or R-5 district established by this chapter.

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

Restaurant, drive-in or fast food. Any structure or establishment merchandising or dispensing food, beverage, or refreshments at which the customer is served either: (a) while sitting in a motor vehicle in a parking space; or (b) at an interior or exterior sales window, counter or service area, and at which the food, beverage or refreshments are sold for consumption either inside the said structure or in motor vehicles on the premises.

Retail sales establishment. A commercial enterprise offering the sale or rental of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by definition.

Rooming house. A dwelling in which, for compensation, lodging is furnished [to] four (4) or more, but not more than fourteen (14) persons. A "boarding house."

Satellite television antenna. An apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

Sawmill. A sawmill located on public or private property for the process of timber.

Schools. 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 Virginia.

Scrolling displays. The movement of a static message or display on an electronic changeable copy sign.

Setback. The minimum distance by which any building, structure or designated activity or use must be separated from the front lot line. Also referred to as "front yard."

Shielded light source. Shall have the meaning associated with the nature of the light source, as follows:

1. For an artificial light source directing light upon a sign, shielded light source shall mean a light source diffused or directed so as to eliminate glares and housed to prevent damage or danger.
   
2. For a light source located within a sign, shielded light source shall mean a light source shielded with a translucent material of sufficient opacity to prevent the visibility of the light source.
   

Shopping center. A group of three (3) or more retail stores, shops and other commercial establishments with a single overall architectural style which is planned, constructed and managed as a total entity with shared access, parking and other common areas.

Sign. A presentation of letters, numbers, figures, pictures, emblems, insignia, lines or colors, or any combination thereof, including borders and trim which form an integral part of the display and which differentiate the sign from the structure against which it is placed, displayed for the purpose of information, direction or identification or to advertise or promote a business, service, activity, interest or product. Displays, graphics, artwork, or any otherwise lawful noncommercial message that is not for the purpose of directing attention to a business operated for profit or to a commodity or service for sale shall not be considered signs.

Sign, A-frame. A temporary and/or moveable sign constructed with two sides attached at the top so as to allow the sign to stand in an upright position. The sign must be constructed of durable materials. No A-frame sign shall be permitted to exceed two (2) feet in width and three (3) feet in height. Each side must be at least one (1) inch in thickness. It shall be located on the sidewalk or on the primary pedestrian path and cannot be placed more than four (4) feet from the entrance of the business it is advertising. In instances where the business entrance does not front the public street it may be located not more than four (4) feet from the edge of the main building. All such signs that encroach onto the public right-of-way must receive encroachment authorization issued in writing by the town manager. Such authorization shall specify the size and design, content, and exact location of the A-frame sign and the period of time for which such sign is authorized to be placed within the sidewalk area. A-frame signs may be placed on sidewalks that have a minimum width of sixty (60) inches or five (5) feet and then the sign must be placed to allow a minimum of thirty-six (36) inches of space for an individual in a wheelchair to pass.

Sign, abandoned. Any sign which:

1. For at least six continuous months, does not identify or advertise a bona fide business, leaser, service, owner, product or activity on the premises on which the sign is located; or
   
2. If the premises is leased, relates to a tenant and at least two (2) years have elapsed since the date the most recent tenant ceased to operate on the premises; or
3. No legal owner can be found and relates to a use or purpose that is no longer in existence.

Sign alteration. Any change in size or shape, which changes appearance of a sign, or a change in position, location, construction or supporting structure of a sign, except that a copy change on a sign is not an alteration. A change in corporate logo is not considered an alteration.

Sign, animated. A sign or display which has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, oscillate or visibly alters in appearance in a manner that is not permitted by these regulations.

Sign, attached. A sign which is painted on or attached flat against a wall or other vertical surface of a building or other structure, including the face of a permanently covered walkway or porch, and which sign extends no more than one (1) foot from the surface to which it is attached and does not extend beyond the extremities of such surface. Signs attached to the lower plane of a mansard or gambrel roof of a building or other structure shall be construed as attached signs, provided that such signs are attached flat to the roof surface or are parallel to the building or structure wall above which they are located, and do not extend beyond the extremities of the roof surface. The total area of attached signs located on a lot shall not exceed one and one-half (1½) square feet of sign area for each linear foot of main building/business frontage and such signs may be located on the main building or other structure on the lot. On a corner lot, the permitted sign area shall apply to each street frontage.

Sign, awning. A sign that is painted or otherwise applied on or attached to an awning, or other fabric, plastic, or structural protective cover over a door, entrance, or window of a building.

Sign, banner. See “sign, temporary”.

Sign, billboard. A sign used as an outdoor display for the purpose of advertising or promoting a business, service, activity, interest or product which is not located, offered for sale or otherwise related to the use of the premises on which such sign is situated.

Sign, business. A sign which directs attention to a profession or business conducted or to a commodity, service activity or entertainment sold or offered upon the premises where the sign is located, or on the building to which the sign is affixed.

Sign, changeable copy. A freestanding sign or portion thereof which has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device and may be changed or re-arranged manually or mechanically with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.

Sign, changeable copy, electronic. A monument sign or portion thereof that displays electronic, non-pictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LED’s), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs do not include official or time and temperature signs or fuel price display signs. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or other objects. The total area of the electronic changeable copy area for such signs shall not exceed 40% of the total area of the sign area permitted for that site.

Sign, directional. A freestanding sign indicating the direction to which attention is called, and including the name and approximate location of the person or firm responsible for its erection. Directional signs shall not exceed four (4) square feet in area or five (5) feet in height, and shall not be located within ten (10) feet of any street line or other property line.

Sign, directory. A sign attached to a building that lists the names, uses, or locations of the businesses or activities conducted within a building or group of buildings of a development.

Sign, double-faced. A sign with two faces either parallel to each other and located not more than twenty-four (24) inches from each other or being a V-shaped sign.

Sign, electronic graphic display. A monument sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LED’s), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. The total area of the electronic message display area for such signs shall not exceed 40% of the total area of the sign area permitted for that site.

Sign face. The area of display surface used for the message.

Sign, flashing. A sign of which any portion changes in light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. Signs which display time, temperature, or date, and electronically controlled message centers shall not be considered a flashing sign.

Sign, freestanding. A sign not attached to a building and supported by uprights, brackets, poles, posts, foundation or similar features which are anchored within the ground. No freestanding sign shall be located within ten (10) feet of any property line. In locating freestanding signs within setbacks, consideration of the location and character of street trees, landscaping features, utility lines, driveways and other features shall be afforded in accordance with guidelines contained in the Design Guidelines Handbook.

Sign, fuel pump. A sign placed directly on, or attached to a fuel pump. Fuel pump signs shall not exceed two (2) square feet in area on each face of a fuel pump.

Sign, gas station canopy. A sign attached to the fascia of a gas station canopy.

Sign, height. The vertical distance from the street grade or the average lot grade at the front setback line, whichever is greater, to the highest point of the sign.

Sign, home occupation. A sign not exceeding the two (2) square feet in area attached to a building and identifying a home occupation located within such building.

Sign, illegal. Any sign placed without proper approval or permits as required by this Code at the time of sign placement. Illegal sign shall also mean any sign placed contrary to the terms or time limits of any permit.

Sign, illuminated. A sign, or any part of a sign, which is externally or internally illuminated or otherwise lighted from a source specifically intended for the purpose of such illumination or lighting.

Sign, inflatable. Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.

Sign, marquee. Any sign painted on or attached to or supported by a marquee. Marquee signs shall only be permitted for theaters and live production venues.

Sign, mounted type. A freestanding sign, limited to no more than the permitted height, with a supporting structure that forms an integral part of the sign displayed thereon.

Sign, monument. A detached sign that is either:

1. A solid structure made of brick, stone, concrete or similar durable type of material; or
2. Constructed on or connected directly to a solid supporting foundation made of brick, stone, concrete or similar durable type of material, with no separation between the sign and the base.

Sign, multi-vision. Any sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two or more images.

Sign, neighborhood. A monument sign erected at the entrance of a residential, commercial, or industrial development that identifies the development. One (1) neighborhood sign may be located at each street entrance to a residential neighborhood, provided that a total of not more than two (2) such signs shall be erected for a neighborhood, and provided further that each such signs shall not exceed thirty-two (32) square feet in area or six (6) feet in height, and shall not be located within five (5) feet of any street line or other property line.

Sign, nonconforming. A sign lawfully erected and maintained prior to the adopting of this article that does not conform with the requirements of this article.

Sign, off-premise. A sign that directs attention to a business, product, service or establishment, conducted, sold or offered at a location other than the premises on which the sign is erected.

Sign, on-premise. Any sign identifying or advertising a business, person, property, activity, goods, products, or services, located on the premises where the sign is installed and maintained.

Sign, pennant. A sign, with or without a logo, made of flexible materials suspended from one or two corners, used in combination with other such signs to create the impression of a line, such as streamers.

Sign, political. Any sign designed for the purpose of supporting or opposing a candidate, proposition or other measure at an election. See “temporary sign.”

Sign, portable. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to: signs designed to be transported by means of wheels, balloons; umbrellas used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used/moved in the normal day-to-day operations of the business and is currently licensed by the State of Virginia with a valid inspection decal displayed.

Sign, projecting. A sign or marquee that is attached to and projects more than one (1) foot from the face of a wall, facade or porch of a structure so that the face of the sign is perpendicular or nearly perpendicular to such wall, facade or porch, except when on an awning or marquee. Projecting signs shall have a minimum under-clearance of eight (8) feet and shall not project from the building greater than ten (10) feet or more than two (2) feet less than the width of any sidewalk over which such sign projects.

Sign, roof. A sign that is mounted on the roof of a building, or roof mounted equipment structure, which extends above the top edge of the wall of a flat-roofed building; above the eave line of a building with a hip, or gable roof; or above the deck line of a building with a mansard roof. Any sign attached to the lower plane of a gambrel or mansard roof shall be considered an attached sign as permitted within this article.

Sign, shared. A freestanding sign that displays the name and/or use of two (2) or more uses or structures located on the same lot or on abutting lots. Two (2) or more abutting properties utilizing a common driveway are permitted one (1) such sign when a shared/common entrance between the abutting parcels exists. The height of such sign shall not exceed eighteen (18) feet; and the area of such sign shall not exceed one hundred twenty (120) square feet. When a shared sign is utilized, no other freestanding sign shall be permitted on either parcel. Such sign shall not be considered a billboard sign as defined herein.

Sign, temporary. A sign applying to seasonal or other brief activity. Temporary signs shall be located on private property. Real properties are not permitted a temporary sign for more than thirty (30) days during a twelve (12)-month period unless otherwise specified in this chapter. Specific types of temporary signs include but not limited to summer camps, horse shows, auctions or charitable educational or religious events; and in addition thereto, including the following types of signs:

1. Political campaign signs. Signs announcing candidates seeking public political office or other data pertinent thereto shall be permitted up to a total area of eighteen (18) total square feet for each lot in a residential district and individual signs shall not exceed six (6) feet in height. Political campaign signs shall be permitted up to a total area of thirty-two (32) square feet in a business or industrial zone. These signs shall be confined within private property and shall not encroach into the visibility triangle at street intersections. All signs must be located a minimum of ten (10) feet from the property line. Furthermore, political campaign signs are excluded from the temporary sign regulation of real properties not being permitted a temporary sign for more than thirty (30) days during a twelve (12)-month period.
   
2. Construction signs. Signs erected and maintained on the site of a structure during the period of construction to announce only the nature of the structure and/or the name or names of the owners, contractor, architect, landscape architect or engineer. There shall be permitted only one such sign upon each site, and it shall not exceed the area of thirty-two (32) square feet. It shall not be illuminated and shall be set back not less than ten (10) feet from the property line. These signs shall be removed upon the issuance of the certificate of occupancy.
   
3. Real estate signs. Signs pertaining only to the offering for sale or lease of the land or structures on the land upon which the sign is placed. There shall be permitted only one sign upon any lot of less than ten (10) acres. For a lot in excess of ten (10) acres, there shall be permitted two (2) such signs. In all residential zones, the area of each such sign shall not exceed four (4) square feet. In all business and industrial zones, the area of such signs shall not exceed thirty-two (32) square feet each. In all zones, such signs shall not be illuminated and shall be set back at least ten (10) feet from the property line.
   
4. Yard sale signs. Signs announcing to the public the location of a temporary sale of various items of merchandise at a residence. Such signs may be displayed three (3) days prior to such sale and must be removed within three (3) days following the sale. Such signs may only be placed on the property where the yard sale is to take place. No permit is required for such a sign.
   
5. Auction signs. A sign, not illuminated, advertising an auction to be conducted on the lot or premises upon which it is situated, such signs shall not exceed 20 square feet in area and may be erected not more than one (1) month before the date of the auction advertised and shall be removed within forty-eight (48) hours of its conclusion. No more than one such sign per site per calendar year.
   
6. Banner signs. A temporary sign, not exceeding 20 square feet, made of fabric or other flexible material, suspended from a fixed structure, rope, wire, string, or cable. Banner signs are for the advertising of a special event, product, or group. Banner signs are not to be displayed for a period of more than thirty (30) days per calendar year. New businesses may be granted an additional thirty (30) days within the same calendar year.
   
   1. In all Residential Zones, temporary banners are not permitted on sites with houses, duplexes, and attached houses.
      Exception: banners for holidays, religious commemoration, and special family events.
      
   2. In the, Central Business District B-1, Highway Commercial B-2, Neighborhood Commercial B-4, Limited Industrial M-1, Planned Shopping Center PSC, Planned Office-Business POB zones, one banner no larger than twenty (20) square feet in size is permitted per property or, on a multi-use property, per storefront. Only one (1) of these banners may be hung on each building wall or on each separate structure.
      
      1. In no case may a site or storefront have more than two (2) temporary banners.
         
      2. In no case shall a temporary banner be larger than twenty (20) square feet in size.
         
      3. A temporary banner may be displayed no longer than thirty (30) days per calendar year with the exception of an additional thirty (30) days for a new business.
      4. Banners that do not meet the regulations of this subparagraph, must meet the standards for permanent signs.

Sign, traffic control. A freestanding or attached sign not exceeding four (4) square feet in area, containing no advertising matter, and indicating the direction that traffic on the premises is to be routed including but not limited to entrance and exit signs.

Sign, unsafe. Signs deemed unsafe to the public safety, health and welfare by the administrator, for whatever reason, are prohibited in all districts. Such signs shall be removed or modified immediately.

Sign, video display. A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects.

Sign, window. A permanent or temporary sign affixed to the interior or exterior of a window or door, or within one (1) foot of the interior of the window or door, visible primarily from the outside of the building; provided that the display of goods available for purchase on the premises is not a window sign. Such signs shall not exceed 40% of the total area of the window or door on which it is located. Window signs of a temporary material, such as paper, cloth or plastic, are allowed provided the regulations set forth for temporary signs are followed.

Site plan. A drawing illustrating a proposed development and prepared in accordance with the specifications of ATC chapter 21, article XVII.

Solar energy equipment. Certified solar energy equipment, facilities or devices includes and equipment, facilities, or devices to be designed and used primarily for the purpose of providing for the collection and use of incident solar energy for water heating, space heating or cooling or other application which would otherwise require a conventional source of energy such as petroleum products, natural gas, or electricity.

Special exception. A use or feature listed as such in this chapter and which may be permitted in a specified district, or in any district if so specified, under certain conditions, such conditions to be determined in each case by the terms of this chapter and by the board of zoning appeals after public hearing in accordance with the procedures specified by ATC article XXI of this chapter and applicable state law.

Special interest house. A house that is designed specifically for students at Randolph-Macon College that have successfully applied for the college's special interest housing program. It is only applicable to Randolph-Macon College students who are in good standing and who are not freshmen. A faculty advisor, along with staff from the college's residence life program must guide and supervise each special interest house.

Specified anatomical areas.

1. Less than completely and opaquely covered:
   
   1. Human genitals, pubic region;
      
   2. Buttock; and
      
   3. Female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Stable, private. An accessory building, not related to the ordinary operation of a farm, for the housing of horses or mules owned by a person or persons living on the premises and which horses, donkeys, ponies or mules are not for hire or sale.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.Story, half. A space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds of the floor area is finished for use.

Street or road. A public thoroughfare.

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

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

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, except utility poles.

Swimming pool. Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and two hundred fifty (250) square feet or more of water surface area, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond or other type of pool, located and designed so as not to create a hazard to be used for swimming or wading.

Taxicab stand. A queue area on a street or on private property where taxicabs line up to wait for passengers.

Telecommunication tower. A structure designed and constructed to support one or more antennas used by telecommunication facilities and including all appurtenant devices attached to it.

Temporary outdoor sales. A use of land or a use of a building or structure for a seasonal purpose subordinate to the principal use of the lot of which is located. Season purposes may include but are not limited to Christmas tree sales, pumpkin sales, or ornamental flowers. No use shall exceed four (4) months in any twelve-month period. Any bona fide civic, charitable, fraternal, or welfare organization shall be exempt from obtaining a conditional use permit if the use is located on their property.

Theaters. A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.

Tower. A structure higher than its diameter, that may be fully walled in or of skeleton framework and is high relative to its surroundings.

Transient guest. Any person who, either at their own expense or at the expense of another, obtains lodging or the use of lodging space in any hotel for any period of less than 30 consecutive days. Contractors and construction works requiring lodging for construction projects may stay through the completion of said project.

Travel trailer. A vehicular, portable structure designed in accordance with the U.S.A. Standards for Travel Trailers (A119.2) currently in use, or as may be amended by the U.S.A. Committee on Mobile Homes and Travel Trailers. Its primary function shall be the provision of temporary dwelling or sleeping quarters during travel, recreation or vacation uses. Its design and type shall be clearly identified by the manufacturer, by a visible identifiable seal or plate of permanent nature, as a travel trailer. Its specification for transporting over the streets and highways shall be in accordance with the Code of Virginia, Title 46.1. No travel trailer shall be used for other temporary dwelling or sleeping quarters to exceed thirty (30) days.

Tree. A woody perennial plant having a single, usually elongated, main stem generally with few or no branches on its lower part.

Truckstop. An area, usually on or near a major thoroughfare, which has been designed for and is being used for the fueling, servicing or parking of tractor-trailers or other trucks. These areas may be equipped with facilities to supply maintenance for these trucks, and may include motels and restaurants. For the purpose of this chapter, any area having more than two (2) pumps for diesel fuel shall be deemed to be a truckstop.

Truck terminal. An operation where semi-trailers, including tractors or trailer units or other trucks, are parked or serviced. All servicing shall be done in an enclosed facility.

Usable satellite signals. Satellite signals, from the major communications satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.

Variance. A variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment of expansion of use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning district.

Veterinary clinic. A facility rendering surgical and medical treatment to animals but having overnight accommodations for no more than four (4) small animals. For the purpose of this chapter, small animals shall be deemed to be ordinary household pets, excluding horses, donkeys or other such animals not normally housed or cared for entirely within the confines of a residence.

Veterinary hospital. A facility rendering surgical and medical treatment to animals and having no limitation on overnight accommodations for such animals. Crematory facilities shall not be allowed in a veterinary hospital. For the purpose of this chapter, where a veterinary hospital is permitted, a veterinary clinic shall also be permitted.

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

Waterway line. A line marking the normal division between land and a waterway as established by the administrator or this Code.

Wholesale business. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Such uses include, but are not limited to, storage buildings and warehouses, and office warehouses.

Yards. An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by structures except as otherwise provided herein.

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

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

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

Yard, street side; or side yard along a street. A side yard that abuts a street.

Zoning administrator; or administrator. The person designated to administer and enforce the provisions of this chapter.

State Law References: Definitions relating to planning, Code of Virginia, § 15.1-430.

1. Applicants for conditional use permits. The applicant for a conditional use permit pursuant to ATC section 21-13 shall be an owner, contract owner with the written approval of the owner, or a lessee with the written approval of the owner of the land involved. If a contract owner or lessee is the applicant, the required written approval shall be in the form of a sworn affidavit signed by the owner and filed with the application.
   
2. Applicants for conditional zoning. The applicant for conditional zoning pursuant to ATC section 21-13.1 shall be the owner of the land involved or the contract owner with written approval of the owner of the land involved. If a contract owner is the applicant, the written approval of the owner shall be required only once, not with each proffer amendment. The required written approval shall be in the form of a sworn affidavit signed by the owner and filed with the application.
   
3. Applicants for rezoning. The applicant for rezoning shall be the owner of the land involved or the contract owner with written approval of the owner of the land involved. The required written approval shall be in the form of a sworn affidavit signed by the owner and filed with the application.
   
4. Applicants for site plans. The applicant for a site plan shall be the person required to make the underlying application which requires a site plan. When the site plan is the sole requirement, the applicant shall be the owner of the land involved, the contract owner or the lessee with written approval of the owner of the land involved.
   
5. Applicants for special exceptions and variances. The applicant for special exceptions and variances shall be those persons designated in section 15.1-496 of the Code of Virginia, as amended.

Amendments to this chapter may be initiated by any of the following methods:

1. Resolution of the town council. The town council may, by its own resolution, initiate an ordinance to amend any of the provisions of this chapter, including the official zoning map. Every such resolution shall state the public purpose for the amendment.
   
2. Motion of the planning commission. The planning commission may, by adoption of a motion, initiate an amendment to any of the provisions of this chapter, including the official zoning map. Every such motion shall state the public purpose for the amendment. The motion shall be forwarded to the town council, which shall cause an ordinance to be prepared for its consideration.
   
3. Petition of a property owner. A petition to change the zoning classification of property by amendment to the official zoning map may be filed by the owner of such property or, with the written consent of the owner, the contract purchaser of the property or an agent of the owner.

1. A petition on behalf of a property owner to change the zoning classification of property shall be in the form of an application for rezoning addressed to the town council and filed with the zoning administrator. The application shall be accompanied by the required fee and a certified plat of the property proposed to be rezoned. The application shall indicate the current and proposed zoning classifications of the property and a statement of the applicant's reasons for requesting rezoning.
   
2. The zoning administrator shall review the application for compliance with the requirements of this chapter. When the zoning administrator is satisfied that submission requirements are met, the application shall be forwarded to the town council, with a copy to the planning commission. The town council shall cause an ordinance to be prepared for its consideration of the rezoning application.

No amendment to this chapter shall be acted upon by the town council unless it has been referred by the council to the planning commission for its review and recommendation in accordance with this section.

1. Public notice and hearing. Before taking action on any amendment, the planning commission shall give public notice and hold at least one public hearing on the proposed amendment as required by section 15.2-2204 of the Code of Virginia, 1950, as amended. A joint public hearing may be held with the town council.
   
2. Report of zoning administrator. The zoning administrator shall submit a written report and recommendation to the planning commission prior to its action.
   
3. Recommendation of commission. The planning commission may recommend that the town council adopt or reject the amendment or may recommend changes in the amendment. In making its recommendation, the commission shall consider the matters listed in ATC section 21-1.1 of this chapter.
   
   Failure of the commission to consider the amendment and report to the council within one hundred (100) days after the first meeting of the commission after the proposed amendment was referred to it by the council, shall be considered a recommendation of approval, unless the proposed amendment has been withdrawn by the applicant prior to the expiration of such time period.
   
   
4. Form of action by commission. All actions by the commission shall be in the form of a motion, giving the reasons for the action and the vote of each member. All actions shall be recorded in the commission's records. Each recommendation to the council shall include a statement of the relationship of the proposed rezoning to the comprehensive plan of the town.
   
   In any case where the commission is unable to adopt a motion to recommend approval or disapproval, it shall forward a written report to the council stating such fact and summarizing its deliberations on the matter.

Final action shall be taken by town council on all proposed amendments in accordance with the following provisions.

1. Public notice and hearing. Before taking action on any ordinance to amend the provisions of this chapter, the town council shall give public notice as required by section 15.2-2204 of the Code of Virginia, 1950, as amended, and shall hold at least one public hearing on the proposed amendment. A joint public hearing may be held with the planning commission.
   
   In the case of a proposed amendment to the zoning map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan for the property involved.
   
   
2. Final action. After receiving a report from the planning commission and after giving public notice and holding a public hearing, the town council may adopt or reject the proposed amendment, or may make appropriate changes to the amendment, provided that no land may be zoned to a more intensive use classification nor shall a greater area of land be rezoned than was described in the public notice without referral to the planning commission and an additional public hearing after public notice as required by section 15.2-2204 of the Code of Virginia, 1950, as amended.
   
3. Continuance or withdrawal. Final action on any proposed amendment may be continued by the town council for good cause, provided that all resolutions, motions or petitions for amendments shall be acted upon by the council within one year of the date of the resolution, motion or petition. This provision shall not apply if the petitioner requests or consents in writing to action beyond such period or if a petition is withdrawn by providing written notice to the council.

Whenever a rezoning application is denied, substantially the same application shall not be reconsidered by the town council for one year from the date of denial, except:

1. When a new application, although involving all or a portion of the same property, is for a different zoning classification than the original application; or
   
2. When a new application is submitted after a finding by the town council that conditions or circumstances that provided the basis for denial of the original application have changed to an extent sufficient to justify reconsideration.

1. Purpose of conditional zoning. The purpose of conditional zoning is to provide a method for permitting the reasonable and orderly development and use of land in those situations in which peculiar circumstances indicate that the existing zoning ordinance district regulations are not adequate. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible zoning methods and procedures are needed to permit differing land uses, and at the same time to recognize effects of change. In these instances, reasonable conditions voluntarily proffered by the zoning applicant may be allowed for the protection of the community that are not generally applicable to land similarly zoned. The provisions of this section shall not be used for the purpose of discrimination in housing.
   
2. In accordance with Code of Virginia § 15.2-2298(A), the town chooses to utilize the conditional zoning authority granted under § 15.2-2303, rather than under § 15.2-2298(A).
3. Proffer of conditions as part of rezoning amendment to zoning map. The applicant may, if they elect to pursue conditional zoning, voluntarily proffer in writing such reasonable conditions as they desire, in addition to the regulations provided for in the zoning district or zone sought in the rezoning petition. The conditions shall be proffered as a part of the requested rezoning or amendment to the Town's zoning map and, if accepted, shall attach to the zoning on the property subject to such conditions. No proffers shall be submitted or accepted as part of an application for conditional zoning related to any residential rezoning or zoning map amendment, or any residential component of a multi-use district rezoning or zoning map amendment (“Residential Rezoning Application”) unless such proffers are submitted pursuant to Section 15.2-2303.4(D) of the Code of Virginia, 1950, as amended. Accordingly, failure to submit such proffers in a Residential Rezoning Application shall not be a basis for denial of that application for rezoning. All proffers shall be provided in the form of a recordable instrument prior to the hearing before the Town Council and in accordance herewith. Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions; however, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.
   
4. Records of conditional zoning.
   
   1. The zoning map shall show by an appropriate symbol the existence of conditions attached to the zoning on the map.
      
   2. The zoning administrator shall maintain a conditional zoning index which shall be available for public inspection during regular office hours. The index shall provide ready access to the ordinance creating the conditions, a list of all conditions applicable in each case, and to the regulations applicable in the particular zoning district.
      
   3. Conditions proffered and accepted by the Town Council shall be recorded by the zoning administrator in the land records of Hanover County within ten (10) days of the Town Council’s rezoning action becoming final. In such recordation the town shall be indexed as a “Grantee.”
5. Enforcement and guarantees. In order to ensure the intent and purpose of conditional zoning approved in accordance with this section, the zoning administrator shall be vested with all necessary authority on behalf of the town council to administer and enforce conditions attached to a rezoning or amendment of a zoning map, including:
   
   1. Ordering in writing, the remedy of any noncompliance with conditions.
      
   2. Bringing of appropriate legal action or proceeding to ensure compliance with the conditions.
      
   3. Requiring a guarantee satisfactory to the town council in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the town council, or its agent, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.
      
   4. Denial of zoning approval or other certification with regard to the issuance of any required use, occupancy or building permit.
      
6. Review of zoning administrator's decision. Any person who is aggrieved by the administrator's decision or actions under subsection (e) of this section regarding enforcement and guarantees may petition the town council for review of such decision(s). Such petition shall be filed with the administrator and with the clerk of the town council within thirty (30) days from the date of the decision for which review is sought, and shall specify the grounds upon which the petitioner is aggrieved.
   
7. Amendments and variations of conditions. All amendments and variations of adopted conditions shall be made only after notice and public hearing and in the same manner as an original conditional zoning action in accordance with all applicable provisions of this article.

1. All departments, officials and public employees of the town which are vested with the duty or authority to issue permits or licenses shall comply with the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void.
   
2. The zoning administrator is granted all necessary authority on behalf of the town council to administer and enforce this chapter, including ordering in writing the remedying of any condition found in violation of this chapter, insuring compliance with this chapter, bringing legal action, including injunction, abatement, or other appropriate action or proceeding, and in specific cases, making findings of fact and, with concurrence of the town attorney, conclusions of law regarding determination of rights accruing under the provisions of ATC article XVIII of this chapter pertaining to nonconforming uses.
   
3. Any person whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). Upon conviction, failure to remove or abate a violation within the time specified by the court shall constitute a separate offense punishable as prescribed by applicable state law.
   
4. The town attorney shall, upon the request of the zoning administrator, assist in bringing legal action necessary to enforce the provisions of this chapter.
   
5. Civil penalties.
   
   1. Any violation of the following provisions of this chapter shall be deemed an infraction and shall be punishable by civil penalty of one hundred dollars ($100.00) for the initial summons, and one hundred fifty dollars ($150.00) for each additional summons:
      
      1. ATC Article II, section 21-11(a). Certificates of use and occupancy.
         
      2. ATC Article II, section 21-13. Conditional use permits.
         
      3. ATC Article XI, section 21-101. In conjunction with permitted uses: prohibition of outside storage, in general or in required setback, and requirement that use be conducted within a completely enclosed building.
         
      4. ATC Article XVII, section 21-181. Failure to submit a required site plan, and any noncompliance with an approved site plan, unless such noncompliance constitutes a violation of any other provision of this chapter which is subject to criminal penalty.
         
      5. ATC Article XIX, section 21-199(b) and (c). Location of off-street parking; and ATC section 21-201.1. Lighting standards.
         
      6. ATC Article XX, all sections. Signs.
         
      7. ATC Article XXIII, section 21-231. Failure to submit a required landscape plan, and any noncompliance with an approved landscape plan, including failure to maintain landscaping in accordance with an approved landscape plan.
         
      8. ATC Article XXV, section 21-265. Home occupations.
         
      9. ATC Article XXV, section 21-266. General lighting standards.
         
   2. Each day during which any violation of the provisions enumerated in subsection (1) above is found to have existed shall constitute a separate offense. A series of such violations arising from the same set of operative facts shall not result in civil penalties which exceed a total of three thousand dollars ($3,000.00).
      
   3. The designation of a particular violation of this chapter as an infraction pursuant to paragraph (1) above shall be in lieu of criminal sanctions, and except for any violations resulting in injury to any person or persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor.
      
   4. The zoning administrator shall issue a civil summons as provided herein. After having served a notice of violation on any person committing or permitting a violation of the provisions of this chapter enumerated in paragraph (1) above and, if such violation has not ceased within such reasonable time as is specified in such notice, then, after conferring with the town attorney, the zoning administrator shall cause two (2) copies of a summons to be sent to such person.

State Law References: Penalties, Code of Virginia, § 15.1-491(e).