The following rules for general construction of language shall apply to this ordinance:

The specific shall control the general.

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

Any words pertaining to gender shall be interchangeable. The word "he" shall mean "she," and "she" shall mean "he."

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

The word "lot" includes the words "plot" or "parcel."

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

The word "shall" is mandatory; the word "may" or "should" is permissive.

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

Where terms are not defined, they shall have their ordinarily accepted meaning, or such as the context may imply.

(a)

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

(b)

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

(c)

The Administrator shall make such determinations of appropriate Use Types in writing, which shall include an explanation of the reasons for the determination.

(d)

A determination of the Administrator may be appealed to the Board of Zoning Appeals pursuant to the procedures for administrative appeals outlined in Article I, Division 14.

For the purposes of this ordinance, the words and phrases listed below in this section shall have the meanings described below:

ACCESSORY APARTMENT—(See Residential Dwelling).

ACCESSORY BUILDING OR STRUCTURE—A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building.

ACCESSORY USE—A use of land or a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land or building or structure and located on the same lot with such principal use.

ACTIVE RECREATION USES—includes, but is not limited to, pedestrian trails, bicycle trails, tennis courts, multi-use paved areas, swimming and boating areas, playgrounds and play fields and bridle paths.

ADDITION—Any increase to the gross floor area of a structure.

ADMINISTRATIVE SERVICES—Governmental offices providing administrative, clerical or public contact services that deal directly with the citizen. Typical uses include federal, state, county, city and Town offices.

ADMINISTRATOR—The Zoning Administrator of the Town of Blacksburg, Virginia, or an authorized agent thereof, also referred to in this ordinance as the Zoning Administrator.

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 exhibition of specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT ENTERTAINMENT ESTABLISHMENT—Any adult cabaret, adult motion picture theater, or video-viewing booth or arcade booth.

ADULT MEDIA—Magazines, books, videotapes, movies, slides, cd-roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

ADULT MOTION PICTURE THEATER—An establishment that shows sexually oriented movies, distinguished or characterized by an emphasis on the exhibition of specified sexual activities or specified anatomical areas as a significant part of its business.

ADULT STORE—An establishment that: Offers for sale or rent items from any of the following categories: (a) adult media, (b) sexually oriented goods, or (c) goods marketed or presented in a context to suggest their use for specified sexual activities; and the combination of such items constitutes more than 15 percent of its stock in trade or occupies more than 15 percent of its gross public floor area; and where there is no on-site consumption of the goods, media or performances for sale or rent.

ADVERTISING SIGN—A sign, including a billboard, which directs attention to a business, commodity, activity, service or product not conducted, sold or offered upon the premises where it is located.

A-FRAME OR EASEL SIGN—Any upright sign with a rigid supporting frame either in the form of an inverted "V" or in the form of an easel. These signs are typically used to display a temporary message and are not permanently affixed to the ground.

AFFORDABLE HOUSING—Housing that is affordable to families with incomes at or below 80% of the area median income, provided that the occupant pays no more than 30% of his or her gross income for gross housing costs, including utilities. As a guideline, the 1990 United States Census establishes median family income for Blacksburg at $35,617. Housing affordable to families with incomes at or below 80% of the median is priced at approximately $70,000.00.

AGENT—One who represents another, called the principal, in dealings with third persons. The agent undertakes some business by authority of the principal. The principal is the property owner.

AGGRIEVED PERSON—A person or group of people with an immediate, pecuniary and substantial interest in an action taken by the Administrator or Board of Zoning Appeals under this ordinance, as opposed to a remote or indirect interest.

A person is also aggrieved if the person suffers a denial of some personal or property right or imposition of a burden or obligation different from that suffered by the public in general.

AGRICULTURAL SERVICES—An establishment primarily engaged in providing services specifically for the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services.

AGRICULTURE—The use of land for the production of food and fibre, including farming, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry husbandry. A garden accessory to a residence shall not be considered agriculture. The keeping of a horse, cow, pig, sheep, goat, or chicken shall constitute agriculture regardless of the size of the animal and regardless of the purpose for which it is kept. Notwithstanding the foregoing, keeping six hens or less in accordance with the provisions of Town Code § 5-118 shall not be considered to be "agriculture." (Ord. No. 1188, § 1, 11-10-98; Ord. No. 1888, 4-9-19)

ALTERATION—Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, or any enlargement or reduction of a building or structure, whether horizontally or vertically, or the moving of a building or a structure from one (1) location to another. The addition of bedrooms, kitchens, and bathrooms to an existing residential structure.

AMATEUR RADIO TOWER—A structure on which an antenna is installed for the purpose of transmitting and receiving amateur radio signals erected and operated by an amateur radio operator licensed by the FCC.

ANTIQUE SHOPS—A place offering primarily antiques for sale. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old.

ATTACHED SIGN—Any sign attached with the sign face substantially parallel to the wall, structure, roof, canopy, marquee or porch of the structure.

ATTIC—The part of a structure which is immediately below and wholly or partly within the roof framing. Where the combined floor areas with ceiling height equal to or greater than seven (7) feet exceed fifty (50) percent of the gross floor areas of that living level, then that floor level is not considered an attic under this ordinance and must be included in the calculation of gross floor area for floor area ratio.

AUTOMOBILE DEALERSHIP—The use of any building, land area or other premise for the display of new and used automobiles, trucks, vans, or motorcycles for sale or rent, including any warranty repair work and other major and minor repair service conducted as an accessory use.

AUTOMOBILE PARTS/SUPPLY, RETAIL—Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories.

AUTOMOBILE RENTAL/LEASING—Rental of automobiles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.

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

AVIATION FACILITY—Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

AWNING—A shelter constructed of rigid or nonrigid materials on a supporting framework, either freestanding, or projecting from and supported by an exterior wall of a building.

AWNING SIGN—Any sign applied directly to the surface or incorporated into the design of an awning or canopy attached to a building facade.

BANNER—A sign applied to cloth, paper, flexible plastic, or fabric of any kind and generally intended to be displayed on a temporary basis.

BASE FLOOD/100-YEAR FLOOD—The flood having a one (1) percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION—The Federal Emergency Management Agency designated 100-year water surface elevation.

BASEMENT—Any floor at least half of which is subgrade (below ground level).

BED AND BREAKFAST—(See Residential Dwelling).

BEDROOM—A room in a dwelling which may be occupied for sleeping purposes. Every room which is at least seventy (70) square feet in area, having at least one (1) window facing directly to the outdoors or to a court, which is not the kitchen, living room, dining room, bathroom, closet, hall, storage or utility space or similar area, shall be considered a bedroom.

BOARD OF ZONING APPEALS—The term Board of Zoning Appeals shall refer to the Town of Blacksburg Board of Zoning Appeals, also referred to in this ordinance [article] as BZA.

BOARDING HOUSE—(See Residential Dwelling).

BREWPUB—A restaurant/brewery that sells the majority of its beer on site. The beer is brewed primarily for sale in the restaurant and bar. The beer is often dispensed directly from the brewery's storage tanks. Where allowed by law, brewpubs often sell beer "to go" and/or distribute to off site accounts. Off site sales is limited and not the primary use.

BROADCASTING OR COMMUNICATION TOWER—Any unstaffed facility for the transmission and/or reception of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services. A Broadcasting or Communication Facility usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antenna. Excluded are amateur radio towers, which are described separately. Also excluded are wireless communication antennas which fit the definition of Utility Services, Minor, above.

BUFFER YARD—A yard improved with screening and landscaping materials required between abutting zoning districts of differing intensities or between adjoining land uses for the purpose of decreasing the adverse impact of differing uses and districts.

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

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

BUILDING, FRONT—The side of a building which faces the front of the lot upon which the building is located (see "Lot, Front").

BUILDING LINE—A straight line extending from the front, side, or rear of a building, coincident with the plane of the facade closest to the lot line.

BUILDING SEPARATION—The minimum horizontal distance between two (2) buildings on adjacent lots or across a street or alley.

BULLETIN BOARD—A wall-mounted sign for public or permitted civic uses, oriented to viewers already on site, on which notices of public interest are temporarily posted.

BUSINESS OR TRADE SCHOOLS—A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university, or as a home occupation.

BUSINESS SIGN—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 in the building to which the sign is affixed.

BUSINESS SUPPORT SERVICES—Establishments or places of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.

CABINET SIGN—A separate sign structure having definitive geometric limits and depth which encloses a particular message. Signs such as, but not limited to, plexiglass face signs shall be considered cabinet signs. Freestanding letters, numerals or symbols affixed to or painted on a wall or similar surface shall not be considered cabinet signs.

CALIPER—The diameter of the trunk of a tree at the height of twelve (12) inches above grade.

CAMPGROUNDS—Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles and/or tents.

CAMPS—A use which primarily provides recreational opportunities of an outdoor nature on a daily or overnight basis. Included in this use type would be scout camps, religious camps, children's camps, wilderness camps, and similar uses which are not otherwise specifically described in this ordinance.

CAMPSITE—A designated plot of ground within a campground intended or used for the exclusive occupancy by a tent, recreational vehicle, or a vacation cottage.

CANOPY—Awning, marquee.

CAR WASH—Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes.

CEMETERY—Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.

CERTIFICATE OF ZONING COMPLIANCE—For the purposes of this ordinance, official certification that premises conform to all applicable provisions of the Zoning Ordinance and may be lawfully used or occupied.

CLINIC—A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. The term, "clinic" includes immediate care facilities, where emergency treatment is the dominant form of care provided at the facility.

CLUB—A use providing educational, meeting, or social facilities for civic or social clubs, fraternal/sororal organization, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. A Club does not include a building in which members reside. A student center is a club.

COMMERCIAL INDOOR AMUSEMENT—Establishments which provide multiple coin operated amusement or entertainment devices or machines as other than an incidental use of the premises. Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, and video arcades.

COMMERCIAL INDOOR ENTERTAINMENT—Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, and concert or music halls.

COMMERCIAL INDOOR SPORTS AND RECREATION—Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, swimming, and/or tennis facilities.

COMMERCIAL OUTDOOR ENTERTAINMENT—Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, motor vehicle or animal racing facilities, and outdoor amusement parks.

COMMERCIAL OUTDOOR SPORTS AND RECREATION—Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.

COMMERCIAL VEHICLE REPAIR SERVICES, MAJOR—Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted.

COMMISSION—The term Commission shall mean the Planning Commission of the Town of Blacksburg, Virginia.

COMMUNICATIONS SERVICES—Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded from this use type are facilities classified as Major Utility Services or Broadcasting or Communication Towers. Typical uses include television studios, telecommunication service centers, telegraph service offices or film and sound recording facilities.

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

CONDITIONAL USE—A use with operating and/or physical characteristics different from those uses permitted by right in a given zoning district which may, nonetheless, be compatible with those by right uses under appropriate conditions and with adequate public review. Conditional uses are allowed only at the discretion and approval of the Town Council, following review and recommendation by the Planning Commission in accordance with Article I, Division 8 [of this Appendix].

CONSTRUCTION SALES AND SERVICES—Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.

CONSTRUCTION SIGN—A temporary sign identifying an architect, developer, builder, general contractor, subcontractor, material supplier, and or financing entity participating in construction on the property on which the sign is located.

CONSTRUCTION YARDS—Establishments housing facilities of businesses primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards.

CONSUMER REPAIR SERVICES—Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair Use Types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

CONVENIENCE STORE—See "Neighborhood Convenience Store."

CORRECTION FACILITIES—A public or privately operated use providing housing and care for individuals legally confined, designed to isolate those individuals from a surrounding community.

COUNTY—Shall mean Montgomery County, Virginia.

CULTURAL SERVICES—A library, museum, or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest in one (1) or more of the arts or sciences.

CUSTOM MANUFACTURING—Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses, or a single kiln.

DANCE HALL—Establishments in which more than ten (10) percent of the total floor area is designed or used as a dance floor, or where an admission fee is directly collected, or some other form of compensation is obtained for dancing.

DAY CARE CENTER—Any facility operated for the purpose of providing care, protection and guidance to ten (10) or more individuals during only part of a twenty-four (24) hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four (24) hour period.

DECK—A structure, without a roof, directly adjacent to a principal building, which has an average elevation of thirty (30) inches or greater from finished grade. A deck may be constructed of any materials.

DEDICATION—The transfer of private property to public ownership upon written acceptance.

DEVELOPMENT—Any manmade change to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or storage of equipment or materials. The term "development" includes construction, reconstruction, alteration, restoration, and demolition of a structure. It also includes the erection of a new sign.

DIRECTIONAL SIGN—A sign which provides onsite directional information for the convenience of the public.

DRIVEWAY—A private roadway providing access for vehicles to a parking area, parking space, garage, dwelling, or other structure.

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

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

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

EQUIPMENT SALES AND RENTAL—Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and the rental of mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

ESTABLISHMENT—Any entity or individual conducting a business, profession, or trade; and any entity or individual conducting a civic, community service, or nonprofit activity.

EVENT CENTER—A multi-purpose venue facility hosting special events such as graduations, weddings, anniversaries, holiday gatherings, trade shows, corporate functions, parties, concert settings, and general get-togethers. An event center could typically have a catering kitchen, indoor and/or outdoor seating, and a stage or event area.

EXPANSION OF A SMALL-SCALE BREWERY, CIDERY, SELTZERY, WINERY, MEADERY OR DISTILLERY—The expansion of up to 50% of the production size limits for an existing facility that has been in operation for at least one year.

FACADE—An entire outside wall of a structure, including wall faces, parapets, fascia, windows, and doors, of one complete elevation.

FAIR MARKET VALUE—The price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.

FAMILY—One or more persons related by blood, marriage, or adoption, or under approved foster care.

FAMILY DAY CARE HOME—(See Residential Dwelling).

FARM EMPLOYEE HOUSING—(See Residential Dwelling).

FARMLAND—Land in active agricultural or horticultural use.

FINANCIAL INSTITUTIONS—Provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments and automatic teller machines (ATMs).

FLOOD—A general and temporary inundation of normally dry land areas.

FLOOD, ONE HUNDRED YEAR—A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year).

FLOODPLAIN—(1) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; or, (2) an area subject to the unusual and rapid accumulation of run-off or surface waters from any source.

FLOODWAY—The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

FLOOR AREA, GROSS—The sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. Gross floor area shall exclude basements and attics. The surface area of tennis courts, swimming pools, driveways, surface parking spaces, decks, patios, and porches, is not included in the total gross floor area.

FLOOR AREA RATIO—The ratio of gross floor area of all structures on a lot to total lot area.

FORESTRY OPERATIONS—The use of land for the raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the Town, which shall be considered accessory to the development of the property.

FRATERNITY OR SORORITY SIGN—A sign displaying the name of, or identifying in words, letters, or symbols, a fraternity or sorority.

FREESTANDING SIGN—A sign standing on the ground. Such signs are usually, but not necessarily always supported from the ground by one or more poles or posts or similar uprights with or without braces. This term includes benches and A-frame or sandwich board signs.

FRONTAGE WIDTH—(See Lot, Frontage).

FULL CUTOFF LUMINAIRE—An outdoor light fixture shielded in such a manner that all light emitted by the fixture is projected below the horizontal plane.

FUNERAL HOME—Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

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

GASOLINE STATION—Any place of business with fuel pumps and underground storage tanks which provides fuels and oil for motor vehicles.

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

GENERAL OFFICE, COLLEGE/UNIVERSITY—General office uses when associated with a College or University. Such offices shall not house any regularly-scheduled classes.

GLARE—The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

GOLF COURSE—A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par 3 golf courses. Specifically excluded would be independent driving ranges and any miniature golf course.

GROCERY STORE—A retail business primarily engaged in the sale of unprepared food for personal or household preparation and consumption. Such a facility may also engage in incidental sales of prepared foods for personal consumption on-or off-site.

GROSS PUBLIC FLOOR AREA—The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), plus aisles, hallways, and entryways serving such areas.

GROUP HOME—(See Residential Dwelling).

GUIDANCE SERVICES—A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twenty-four hour day.

HALFWAY HOUSE—An establishment providing accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction, to persons re-entering society after being released from a correctional facility or other institution, or to persons suffering from similar disorders.

HEIGHT, BUILDING—The vertical distance measured from the adjoining grade at the front entrance of the building or structure to the highest point of the structure. For corner lots, the building height shall be the average of the front height defined above and the building side height adjacent to the street. The building side height shall be defined as the vertical distance measured from the lowest adjoining grade on the side adjacent to the street to the highest point of the structure.

HEIGHT, STRUCTURE—The distance between the highest point of any structure, and the lowest grade adjacent to the structure.

HEIGHT, TREE—The measurement taken from the top of the root ball to the top of the trunk. (Ord. No. 1184, adopted 6-9-98)

HISTORIC OR DESIGN REVIEW BOARD—A board appointed by Town Council to effectuate the provisions of this article for the protection and preservation of historic or archaeological sites or structures in the Town.

HISTORIC AREA—An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the Town, of such significance as to warrant conservation and preservation. A historic area is not currently in, or does not currently constitute, an historic district.

HISTORIC DISTRICT—A site, structure, landmark, one or more of them, or a group of them, which have unique architectural, historic, cultural, or archaeological importance to the Town, the Commonwealth, or the nation, and which are designated on the Town's official zoning map as constituting an historic district and subject to the provisions of this article.

HISTORIC DISTRICT SIGN—A sign within an Historic District announcing the location of an historic district, landmark, historic area, monument or property. These signs may have information relating to the historic, architectural, cultural, or archaeological significance of the historic area.

HISTORIC SITE—A site or structure which may not be included in an historic district, but which has an important historic, architectural or cultural significance to the Town, commonwealth, or nation. An historic site is registered with the Virginia Landmarks Registry or the National Register of Historic Places.

HISTORIC SITE SIGN—An on-premises sign that identifies the location of, and provides information about, a historic place, structure, or event.

HISTORIC STRUCTURE—Any structure that is:

(a)

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

(b)

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

(c)

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

(d)

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

(1)

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

(2)

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

HOME FOR ADULTS—(See Residential Dwelling).

HOME OCCUPATION—An accessory use of a dwelling unit for gainful employment involving the production, provision, or sale of goods and/or services.

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

HOTEL/MOTEL/MOTOR LODGE—A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day, week or month. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms and/or recreation facilities.

HOUSEHOLD PET—Animals that are kept for personal use or enjoyment within the home. Household pet shall include but is not limited to dogs, cats, birds, and rodents. Household pet does not include farm animals, such as horses, ponies, cows, pigs, chickens, goats, sheep.

IDENTIFICATION SIGN—A permanent on-premises sign announcing the name of a subdivision, multi-unit residential development, church, institution, school, park, shopping center, industrial park, public or quasi-public area or similar type use. An identification sign is not a business sign.

ILLUMINATED SIGN—Any sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

INDUSTRY, HEAVY—Manufacturing or other enterprises with significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process.

INDUSTRY, LIGHT—Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Light industry is capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc. A machine shop is included in this category. Also included is the manufacturing of apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, fish tanks and supplies, food, paper products (but not the manufacture of paper from pulpwood), musical instruments, medical appliances, tools or hardware, plastic products (but not the processing of raw materials), pharmaceuticals or optical goods, bicycles, any other product of a similar nature.

INDUSTRY, MEDIUM—Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Medium industry produces moderate external effects such as smoke, noise, soot, dirt, vibration, odor, etc.

INTERIOR PARKING LOT ISLAND—An island or planter that is surrounded on at least 3 sides by a parking lot or access road.

ITINERANT VENDOR—Any person who engages in, does, or transacts a temporary or transient business in the Town and who, for the purpose of carrying on such business, occupies any location for a maximum of seven (7) consecutive days at one time for no more than four (4) times per calendar year. For the purposes of the Zoning Ordinance, "Mobile Food Vendor" has a separate definition.

KENNEL, COMMERCIAL—The boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain.

KENNEL, PRIVATE—The keeping, breeding, raising, showing or training of 4 or more dogs over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective.

LABORATORY—A facility for scientific laboratory research in technology-intensive fields or a facility for scientific laboratory analysis of natural resources, medical resources, and manufactured materials.

LAMP—The component of a luminaire that produces light, also referred to as a bulb.

LANDFILL, RUBBLE—The use of land for the legal disposal of only inert waste. Inert waste is physically, chemically and biologically stable from further degradation and considered to be nonreactive, and includes rubble, concrete, broken bricks, and block.

LANDMARK—An individual site or feature (which may or may not be a structure), or a site with a structure or structures on it, of particular importance because of its unique architectural, historical, cultural, or archaeological features, designated an historic district and eligible for designation on the National Register of Historic Places.

LANDSCAPING—The improvement of the appearance of an area by the planting of trees, grass, shrubs, or other plant materials, or by the alteration of the contours of the ground.

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

LIFE CARE FACILITY—A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing home type care where all related uses are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents. An Assisted Living facility would be included in this definition.

LIGHT TRESPASS—Light sources casting excessive light upon adjacent property or upon a public right-of-way, also called light spillover.

LIGHTING, PUBLIC PARK AND RECREATION AREA FIELD—Any and all lighting devices and the operation of such devices for the purpose of illuminating a public park and recreation area field in a manner that is less restrictive or more intensive than the standards set forth in Section 5601 for "Exterior Lighting."

LOADING SPACE, OFF-STREET—Space for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.

LOCATION SIGN—An off-premises sign which directs attention to the approximate location of a church, school or other nonprofit institution.

LOT—A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivisions or as otherwise permitted by law.

LOT, CORNER—A lot located at the intersection of two or more streets.

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

LOT, DEPTH OF—The average horizontal distance between front and rear lot lines. The average shall consist of the horizontal distances of the side lot lines and the distance of a line connecting the midpoints of the front and rear lot lines.

LOT, DOUBLE FRONTAGE—A lot, other than a corner lot, which has frontage on more than one street other than an alley. Double frontage lots may be referred to as through lots.

LOT, FLAG—A "panhandle," "pipestem," or "flag" shaped lot with its widest point set back from the road at the rear of another lot (the "flag"), and having a thin strip of land connecting to the road to provide legal access and frontage (called the pole).

LOT, FRONT—The side of a lot which abuts a public street is the front of the lot. For corner lots, the shortest side fronting upon a street should be considered the front of the lot. Where buildings exist on the lot, the frontage may be established by the orientation of the buildings, or of the principal entrance, if building orientation does not clearly indicate lot frontage. Where no other method determines conclusively the front of a lot, due to the shape of the lot, the Administrator will select one (1) frontage on the basis of the following considerations: the adjacent street with the greatest traffic flow, context of the surrounding development, topography of the area, and retention of mature trees.

LOT FRONTAGE—The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way of an improved and publicly maintained street. All sides of a lot which abut a street shall be considered frontage. On curvilinear streets the arc between the side lot lines shall be considered the lot frontage. (Ord. No. 1166, adopted 9-9-97)

LOT, INTERIOR—A lot, other than a corner lot, which has only one frontage on a street other than an alley.

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

LOT OF RECORD—A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat in the Clerk's office of the Circuit Court of Montgomery County.

LOT, SIDE—The side lines of a lot which are adjacent to and intersect the lot front line. For corner lots, the side not determined to be the lot front shall be the lot side.

LOT, WIDTH OF—The horizontal distance between side lot lines measured at the required front setback.

LOWEST FLOOR (FLOODPLAIN)—The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements.

LUMEN—The standard unit of measurement of luminous flux.

LUMINAIRE—The complete lighting unit consisting of a lamp or lamps with the components designed to distribute light, position and protect the lamp, and to connect the lamp to the power supply, also referred to as a fixture.

MANUFACTURED HOME—(See Residential Dwelling).

MANUFACTURED HOME LOT, YARDS—A site for the placement of a manufactured home within a manufactured home park. Unlike other lots, a manufactured home lot may not be formally subdivided into a discrete taxable parcel of land. The front yard of a manufactured home lot generally lies between the manufactured home hitch and the street, across the entire width of the lot. The side yards of the lot lie between the front and back of the manufactured home and the lot line. The rear yard is opposite the front yard, between the side of the manufactured home and the rear lot line, extending the entire width of the lot.

MANUFACTURED HOME SALES—Establishments primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, modular homes, parts, and equipment.

MEDICAL OFFICE—Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. Emergency treatment is not the dominant type of care provided at this facility.

MEMORIAL SIGN—A monument or plaque designed to commemorate or honor the memory of a person or event, oriented to viewers already on site. Such sign shall be wall mounted or integral to the principal structure. Common examples are a cornerstone or a dedicated plaque.

MENU OR DAILY SPECIAL SIGN—An on-premises attached sign used for the display of a menu or daily special related to a restaurant or other personal service.

MINI-WAREHOUSE—A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of 400 square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.

MOBILE FOOD VENDOR—A readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, serving, and/or selling of food and operated at temporary locations. This definition shall include food trucks and food carts.

MODULAR HOME—A dwelling unit constructed on-site in accordance with the Virginia One and Two-family Dwelling Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

MONUMENT SIGN—A freestanding sign attached to a continuous structural base, which base is not less than half the width of the message portion of the sign and is permanently affixed to the ground. Monument signs do not include freestanding signs supported by poles.

MULTI-ESTABLISHMENT BUILDING—A structure containing more than one establishment.

MULTIFAMILY DWELLING—(See Residential Dwelling).

MXD DEVELOPMENT—The aggregated contiguous tract(s) of land included in a single application for zoning to a Mixed Use Development district. MXD Development zonings that may coincidentally abut each other but which were zoned as Mixed Use Development at different times for different purposes shall be treated as separate MXD Developments.

MXD DEVELOPMENT BOUNDARY—The boundary defining each MXD Development.

NATIONAL REGISTER OF HISTORIC PLACES—The official list, maintained by the National Park Service of the United States Department of the Interior, of historic resources considered by that agency to be worthy of preservation.

NEIGHBORHOOD CONVENIENCE STORE—Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores.

NEIGHBORHOOD IDENTIFICATION SIGN—A monument style sign located in or near a public right-of-way, at or near a neighborhood boundary, displaying the name of a neighborhood.

NONCONFORMING BUILDING—Any building the size, dimensions or location of which was lawful when erected or altered, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance.

NONCONFORMING LOT—A lot, the area, dimensions or location of which were lawful at the time the lot was created, but which fail to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance.

NONCONFORMING SIGN—Any sign, the area, dimensions or location of which were lawful at the time the sign was erected, but which fail to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance.

NONCONFORMING USE—A use or activity which was lawful when originally established, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance.

NONCONTRIBUTING SITE—A site within an historic district that is not relevant to the period for which the district is significant.

NURSING HOME—A use providing bed care and in-patient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease.

OCCUPANCY—The period during which one owns, rents, uses, or occupies a certain premises or land.

OCCUPANT—A person who, on a regular basis, spends nights at a residence. A person is considered an occupant regardless of whether they spend the majority of their nights at a residence, if the times they do stay overnight are regular and recurrent. In addition, a person shall be considered an occupant if their clothes or other daily living supplies are maintained at the residence.

OFFICE SIGN—An attached sign indicating the location of an office.

OFF-PREMISES SIGN—Any sign which directs attention to a message, or business, commodity, activity, service or product not conducted, sold, or offered upon the premises where the sign is located. These signs may also be known as location signs, billboards, outdoor advertising signs, or general advertising signs.

OFF-STREET PARKING AREA—Space provided for vehicular parking outside the dedicated street right-of-way.

ON-PREMISES SIGN—Any sign which directs attention to a business, commodity, activity, service or product conducted, sold, or offered upon the premises where the sign is located.

OPEN SPACE—A cohesive body of land designated for agriculture, horticulture, forestry, or open space use, as those terms are defined by Virginia Code 58.1-3230. This definition also includes land in which the Town has an interest of not less than five years' duration which the Town has designated to be retained and used for the preservation and provision of open-space land.

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

OUTDOOR GATHERING—Any temporary organized gathering expected to attract 500 or more people at one time in open spaces outside an enclosed structure. Included in this use type would be music festivals, church revivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this section. Such activities held in public parks or on public school property shall not be included within this use type.

OUTDOOR STORAGE—The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than twenty-four consecutive hours.

OUTPATIENT SUBSTANCE ABUSE TREATMENT CENTER—An establishment which provides patient services primarily related to the treatment of alcohol or other drug or substance abuse disorders, which services include the dispensing and administering of controlled substances and pharmaceutical products by professional medical practitioners as licensed by the Commonwealth of Virginia; such an establishment may also provide ancillary mental health treatments.

OVERLAY DISTRICT—A district established by this Ordinance to prescribe special regulations to be applied to a site in combination with the underlying or base district.

PARKING AREA—A site for surface parking or a parking structure use that provides one (1) or more parking spaces together with drive aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features that meet the requirements established by this ordinance. This use type excludes temporary parking facilities permitted by town code.

PARKING AREA CALCULATION—The square foot area of the parking spaces and aisles and interior parking lot islands, excluding access drives that do not have parking spaces within them.

PARKING FACILITY—A site for surface parking or a parking structure use that provides parking as the permitted principal use. This use type specifically excludes any on-site or off-site parking accessory to a permitted principal use.

PARKING SPACE—An area adequate in size for the purpose of parking one (1) automobile with room for opening doors on both sides.

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

PAWN SHOP—A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.

PERSON—An individual, firm, corporation, or association.

PERSONAL IMPROVEMENT SERVICES—Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

PERSONAL SERVICES—Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households.

POLITICAL SIGN—A sign of any political party, group, or idea; or a sign announcing the candidacy of any individual for any public office.

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

PORTABLE SIGN—A freestanding temporary sign that is designed to be moved easily, and is not permanently affixed to the ground.

PORTABLE STORAGE CONTAINER—A portable, weather-resistant receptacle designed and used for the temporary storage or shipment of items, including, but not limited to, household goods, furniture, wares, building materials, equipment or merchandise. The term includes both wheeled trailers and container units that can be detached from a trailer. The term shall not include dumpsters or refuse containers.

POST OFFICE—Postal services directly available to the consumer operated by the United States Postal Service.

PREMISES—See Lot.

PRESERVATION—The act or process of applying measures to sustain the existing form, integrity, and material of a site, structure, or landmark and their existing form and vegetative cover. Preservation may include initial stabilization work, where necessary, as well as ongoing maintenance of these elements.

PRIMARY CONSERVATION AREA—The 100-year floodplain, wetlands (including woodlands with wetland soils), steep slopes, and significant wildlife habitats.

PRINCIPAL BUILDING OR STRUCTURE—A building or structure in which the primary use of the lot on which the building is located is conducted.

PRINCIPAL USE—The main use of land or structures as distinguished from a secondary or accessory use.

PRIVATE FARMERS MARKET—The open air sale of agricultural products such as vegetables, fruits, herbs, grains, mushrooms, flowers, potted or bedding plants, honey, meat, dairy or eggs directly to the public by a group of farmers or producers that occurs on a regular basis (once per week or more for a minimum of twenty-six (26) weeks in a calendar year) on privately owned land. Handcrafted products (such as wooden furniture, textiles) or value added products (such as jam, beeswax candles) or other handmade food products (such as baked goods) may be sold, but sellers of these goods may not comprise the majority of the vendors. A Community Supported Agriculture pickup location, but not resale, shall be considered an accessory use to a Private Farmers Market. Flea markets, yard sales and auctions are not "Private Farmers Markets." A wayside stand or an individual selling such items from a truck is not "Private Farmers Market." This use is subject to compliance with the use and design standards contained in zoning ordinance section 4547.

PROJECTING SIGN—A sign which is attached perpendicular to a building wall, roof, facade, canopy, marquee or porch.

PUBLIC—Unless otherwise specifically indicated, public shall mean anything owned, operated, provided and/or maintained by a local, state, or federal government.

PUBLIC ASSEMBLY—Facilities that accommodate public assembly for sports, amusements, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, and incidental sales and exhibition facilities.

PUBLIC FARMERS MARKET—The open air sale of agricultural products such as vegetables, fruits, herbs, grains, mushrooms, flowers, potted or bedding plants, honey, meat, dairy, or eggs directly to the public by a group of farmers or producers that occurs on a regular basis (once per week or more for a minimum of twenty-six (26) weeks in a calendar year) on land owned by the Town of Blacksburg. Handcrafted products (such as wooden furniture, textiles) or value added products (such as jam, beeswax candles) or other handmade food products (such as baked goods) may be sold, but sellers of these goods may not comprise the majority of the vendors. A Community Supported Agriculture pickup location, but not resale, shall be considered an accessory use to a Public Farmers Market. Flea markets, yard sales and auctions are not "Public Farmers Markets." A wayside stand or an individual selling such items from a truck is not considered "Public Farmers Market." This use is subject to compliance with the Use and Design Standards contained in section 4548.

PUBLIC MAINTENANCE AND SERVICE FACILITIES—A public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment services centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

PUBLIC PARKS AND RECREATIONAL AREAS—Publicly owned and operated parks, picnic areas, playgrounds, indoor/outdoor athletic or recreation facilities, indoor/outdoor shelters, amphitheaters, game preserves, open spaces, and other similar uses. This shall not include Public Recreation Assembly.

PUBLIC RECREATION ASSEMBLY—Publicly-owned and operated community, civic, or recreation centers, year-round swimming facilities, or indoor performing arts/auditoriums.

PUBLIC SERVICE SIGN—A sign advertising only the name, time and place of any bona fide fair, carnival, festival, bazaar, horse show fund raising activity, or similar event when conducted by or for the benefit of any civic, religious, educational or charitable cause.

PUBLIC WATER AND SEWER SYSTEMS—A water or sewer system owned and operated by: (1) a municipality or county; OR, (2) a private individual or a corporation approved and properly licensed by the State Corporation Commission prior to the adoption date of this ordinance; AND meeting the requirements of the State Health Department and/or Virginia Department of Environmental Quality.

RAILROAD FACILITIES—Railroad yards, equipment servicing facilities, and terminal facilities.

REAL ESTATE SIGN—An on-premises sign for the purpose of advertising the sale or lease, or the completion of the sale or lease, of real estate.

RECREATIONAL VEHICLE—A vehicle which is (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

RECREATIONAL VEHICLE SALES AND SERVICE—Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories.

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

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

RESEARCH AND DEVELOPMENT—A business which engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of communication systems, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes may be associated with this use.

RESIDENTIAL DENSITY—A measure of bedrooms per acre for each lot. The number of bedrooms for portions of an acre shall be calculated proportionately and rounded down to the next whole bedroom (e.g. at twenty (20) bedrooms per acre, a .96 acre lot = 19.2, that is nineteen (19) bedrooms permitted).

RESIDENTIAL DWELLING—A building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one (1) or more individuals or families. The following are included as residential dwelling types:

ACCESSORY APARTMENT—A secondary dwelling unit or units established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached structure or structures on the same lot.

ACCESSORY APARTMENT PERMIT PROGRAM—The program established by the Town of Blacksburg for the purpose of regulating accessory apartments created after April 15, 2017. This program does not include lawful non-conforming accessory apartments created prior to 1975 that are documented on the list maintained by the Planning and Building Department.

BED AND BREAKFAST—A dwelling in which not more than twelve (12) bedrooms are provided for overnight guests for compensation, on daily or weekly basis, with or without breakfast. The serving of meals other than breakfast, or the serving of breakfast to other than overnight guests, shall be considered a restaurant.

BOARDING HOUSE—A dwelling unit, or part thereof, in which lodging is provided by the owner or operator who resides on the premises to three (3) or more but less than fourteen (14) boarders. Included in this use type are rooming houses and tourist homes.

FAMILY DAY CARE HOME—A single-family dwelling in which more than five (5) but less than thirteen (13) individuals, are received for care, protection and guidance during only part of a twenty-four (24) hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall not be counted towards this total. The care of five (5) or fewer individuals for portions of a day shall be considered as a home occupation.

FARM EMPLOYEE HOUSING—A dwelling located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multifamily dwelling(s) for seasonal employees in connection with an orchard or other agricultural use which relies on seasonal employees who must be housed.

GROUP HOME—A licensed residential facility in which no more than eight (8) mentally ill, intellectually or developmentally disabled persons reside, with one (1) or more resident counselors or other staff persons, shall be considered a residential occupancy by a single-family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance. Such facility shall be licensed by the Commonwealth of Virginia Department of Behavioral Health and Developmental Services.

HOME ASSISTED LIVING FACILITY—A residential facility licensed by the Department of Social Services in which no more than eight (8) aged, infirm or disabled persons reside with one (1) or more resident counselors or other staff persons shall be considered a residential occupancy by a single-family.

HOME FOR ADULTS—A dwelling unit, organized within one (1) or more buildings, providing a residence for more than five (5) persons for purposes of providing special training, education, habilitation, rehabilitation, custodial care or supervision, or providing a residence for the elderly; provided that a licensed residential facility for eight (8) or fewer mentally ill, intellectually or developmentally disabled persons, with one (1) or more resident counselors or other support staff, shall be considered a single-family residence.

MANUFACTURED HOME—A structure subject to federal regulation, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a single-family dwelling with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. Some manufactured homes are also referred to as mobile homes.

MULTI-FAMILY DWELLING—A building or portion thereof which contains three (3) or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high rise apartments, apartments for elderly housing and condominiums.

SHELTER—A facility providing temporary protective sanctuary for victims of crime or abuse including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical beatings.

SINGLE-FAMILY DWELLING, ATTACHED—A grouping of three (3) or more single-family dwellings sharing two (2) or more common walls, with each dwelling on its own individual lot. Attached dwellings are not vertically stacked. Common examples are subdivided triplexes and quadplexes.

SINGLE-FAMILY DWELLING, DETACHED—A site built or modular building designed for or used exclusively as one (1) dwelling unit for permanent occupancy, which is surrounded by open space or yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means.

SPECIAL HOUSING—Housing for Greek organizations, service clubs, or other chartered groups bound by a common purpose or national organization.

TOWNHOUSE—A grouping of three (3) or more attached single-family dwellings in a row in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common walls.

TWO-FAMILY DWELLING—The use of an individual lot for two (2) dwelling units (each occupied by one (1) family) that share at least one (1) common wall or ceiling that separates living space (i.e., living room, kitchen, bedroom, bathroom, etc.). This use is also referred to as a duplex. The dwelling units may be vertically stacked. The exterior appearance of the whole resembles a single structure.

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

RESTAURANT, DRIVE-IN—An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served in disposable containers at a counter and a drive-up or drive through service facility, or which offers curb service.

RESTAURANT, FAST FOOD—An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served in disposable containers at a counter. This use type does not employ a drive-up or drive-through service facility, and does not offer curb service.

RESTAURANT, GENERAL—An establishment engaged in the preparation of food and beverages containing more than two thousand (2,000) gross square feet and characterized primarily by table service to customers in nondisposable containers.

RESTAURANT, SMALL—An establishment engaged in the preparation of food and beverages containing no more than two thousand (2,000) gross square feet and characterized primarily by table service to customers in non-disposable containers. Typical uses include cafes, coffee shops, and small restaurants.

RETAIL SALES—Sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by these use type classifications.

RETAIL SALES, LARGE FORMAT—Retail sales uses, including those uses classified more specifically by these use type classifications, located in one (1) structure in excess of fifty thousand (50,000) square feet gross floor area, whether on a single lot or contiguous lots owned or operated as associated, integrated or cooperative business enterprises.

RETAINING WALL—Any wall built or designed to retain or restrain lateral forces of soil or other materials; the height of the wall shall be similar to the height of the soil or other materials.

RETAINING WALL, GABION—A retaining wall consisting of heavy gauge wire boxes enclosing large diameter rocks or other similar materials that are stacked and fastened together, often used for erosion control and soil retainment along river and stream banks.

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

SAFETY SERVICES—Facilities for the conduct of safety and emergency services for the primary benefit of the public, whether publicly or privately owned and operated, including police and fire protection services and emergency medical and ambulance services.

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

SCREENING—A method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. Screening is intended to substantially, but not necessarily totally obscure visual impacts between adjoining uses.

SECONDARY CONSERVATION AREA—Locally significant features of land. These features should be identified on a site-by-site basis. Types of features which may be locally significant include ridge lines, hilltops, windbreaks, stands of mature hardwood trees, woodlands, farmland, wildflower meadows, and views into and out from the site. Wildlife habitats are locally significant features of a site. Where relevant, soils suitable for septic disposal may be considered significant natural resources of a site. Historic and archaeological features, such as old farmhouses, old foundations, traces of old roads, or rail fences, may also be considered locally significant features of land.

SEXUALLY ORIENTED GOODS—Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

SETBACK—The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

SHELTER—(See Residential Dwelling).

SHOOTING RANGE, INDOOR—The use of a structure for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions. (Ord. No. 1184, adopted 6-9-98)

SHOOTING RANGE, OUTDOOR—The use of land for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting, and unstructured and nonrecurring discharging of firearms on private property with the property owner's permission.

SIGN—Any presentation or representation by letter, symbol, number or combination thereof which is visible from a public right-of-way, for the purpose of making something known. Signs include, but are not limited to, figures, letters, devices, flags, pennants, emblems and pictures. Signs do not include the interior of buildings and the delineative elements of buildings.

SIGN HEIGHT—The vertical distance measured from lowest adjacent grade to the highest point of the sign or sign structure.

SIGN SETBACK—The minimum distance required between any property line and any portion of a sign or sign structure.

SIGN STRUCTURE—The supports, uprights, bracing or framework of any structure exhibiting a sign, be it single-faced, double-faced, V-type or otherwise.

SIGNIFICANT WILDLIFE HABITATS—Habitats of threatened or endangered wildlife species.

SINGLE-FAMILY DWELLING, ATTACHED—A grouping of three (3) or more single-family dwellings sharing two (2) or more common walls, with each dwelling on its own individual lot. Attached dwellings are not vertically stacked. Common examples are subdivided triplexes and quadplexes.

SINGLE-FAMILY DWELLING, DETACHED—(See Residential Dwelling).

SITE—Any geographical area.

SLOPES, STEEP—A grade of twenty-five (25) percent or more for a distance of fifty (50) feet or more.

SMALL-SCALE BREWERY, CIDERY, OR SELTZERY—A facility, not associated with a farm, which produces no more than five thousand (5,000) barrels (or 155,000 US gallons) of fermented beverage on-site per year and includes a tasting room or taproom where guests/customers may sample the product. Retail sales are included as an accessory use.

SMALL-SCALE DISTILLERY—A facility not associated with a farm, which produces no more than five thousand (5,000) proof US gallons of spirituous beverages per year on-site and includes a tasting room where guests/customers may sample the product. Retail sales are included as an accessory use.

SMALL-SCALE WINERY OR MEADERY—A facility, not associated with a farm, which produces no more than twenty five hundred (2,500) barrels (or 150,000 US gallons) of fermented beverage on-site per year and includes a tasting room where guests/customers may sample the product. Retail sales are included as an accessory use.

SPECIAL HOUSING—(See Residential Dwelling).

SPECIALTY SHOP—A small-scale (less than two thousand five hundred (2,500) square feet) retail use which offers for sale items of art or crafts, or which offers for sale items related to a specific theme, e.g., kitchen wares, pet care, VPI & SU gear, etc.

SPECIFIED ANATOMICAL AREAS:

(1)

Less than completely and opaquely covered: human genitals, pubic region, buttock, and 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.

SPECIFIED SEXUAL ACTIVITIES—Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

STABLE, COMMERCIAL—The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies.

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

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

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

STREET GRAPHICS—A form of art, such as but not limited to, murals and sculptures, that shall not constitute any type of outdoor advertising of a commercial message.

STRIP LIGHTING—Lights in a strip used to outline an portion of a structure. Such lights include, but are not limited to, tubes of neon or fluorescent lights left exposed or enclosed in a translucent structural case that may or may not be displayed as a continuous band around the exterior perimeter or a portion of the exterior perimeter of a structure.

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

STUDIO, FINE ARTS—A building, or portion thereof, used as a place of work by a sculptor, artist, or photographer; or used as a place to exhibit and offer for sale works of the visual arts (other than film).

SUBSTANTIAL DAMAGE—Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT—Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

SURPLUS SALES—Businesses engaged in the sale of used or new items, involving regular or periodic outdoor display of merchandise for sale. Typical uses include flea markets and factory outlets, or discount businesses with outdoor display.

SUSPENDED SIGN—A sign which is suspended, parallel or perpendicular from a building wall, roof, facade, canopy, marquee, or porch by means of brackets, hooks, or chains and the like.

TEMPORARY SIGN—An attached on-premises sign, made of a nonrigid material, designed and displayed for a seasonal or brief activity such as, but not limited to, sales, specials, promotions, holidays, auctions, business grand openings, and signs advertising the lease or vacancy or rental units in multi-unit residential developments. Symbols, figures, balloons, and other similar items shall be considered temporary signs.

TRANSFER STATION—Any storage or collection facility which is operated as a relay point for municipal solid waste which ultimately is to be transferred to a landfill.

TRANSPORTATION TERMINAL—A facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express between modes of ground transportation, including bus terminals, railroad stations, and public transit facilities.

TREE CANOPY—All areas of coverage by plant material exceeding five (5) feet in height.

TRUCK TERMINAL—A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. post office.

TWO-FAMILY DWELLING—Two (2) dwelling units which share at least one (1) common wall, each occupied by one (1) family, that separates living space (i.e., living room, kitchen, bedroom, bathroom, etc.); also referred to as a duplex. Each dwelling unit may be vertically stacked if not subdivided. Two-family dwellings may be subdivided along common walls so that each dwelling unit is on its own individual lot. The exterior appearance of the whole resembles a single structure.

UTILITY SERVICES, MAJOR—Services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community waste water treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission. All overhead service, distribution and transmission lines are included in this definition.

UTILITY SERVICES, MINOR—Services which are necessary to support development within the immediate vicinity and involve only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices, and well, water and sewer pump stations. Also included in this use type are wireless communication antennas which are attached to an existing building or structure, including but not limited to utility poles, signs, broadcasting or communication facilities, and water towers, and which are not greater than ten (10) feet in length.

VARIANCE—A reasonable deviation from the provisions regulating the shape, size or area of a lot or parcel of land, or the size, height, area, bulk or location of a building or structure when the strict application of the Zoning Ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the Zoning Ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or a conditional rezoning.

VEGETATIVE BUFFER—Perennial vegetation established or left undisturbed adjacent to the shoreline of a watercourse intended to filter out sediment and other nonpoint source pollutants from runoff before it reaches a watercourse.

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

VIDEO-VIEWING BOOTH OR ARCADE BOOTH—An enclosure designed for occupancy by no more than five (5) persons, used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media, or live performances or lingerie modeling, for observation by patrons therein.

VIRGINIA LANDMARKS REGISTER—The official list, maintained by the Department of Historic Resources, of historic resources considered by the Board of Historic Resources to be worthy of historic preservation.

V-SHAPED SIGN—A sign with two (2) faces arranged in a V-shaped formation.

WAREHOUSING AND DISTRIBUTION—Uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses, moving/storage firms.

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

WETLANDS—All lands that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to section 404 of the Federal Clean Water Act, in 33 C.F.R. 328.3b, dated November 13, 1986.

WOODLANDS—Tree stands, lines of trees, and lands in active forestal use.

YARD—A required open space on a lot, unoccupied and unobstructed from the ground upward, unless otherwise provided by this ordinance.

YARD, FRONT—A yard between the building line and the street right-of-way extending across the full width of the lot.

YARD, REAR—A yard between the rear line of the building and the rear line of the lot extending the full width of the lot.

YARD, SIDE—A yard between the side line of the building and the side line of the lot extending from the front lot line to the rear lot line.

ZONING ADMINISTRATOR—The Zoning Administrator of the Town of Blacksburg, Virginia, or an authorized agent thereof, also referred to in this ordinance as the Administrator.

(Ord. No. 1184, adopted 6-9-98—Reorganization of Article; Ord. No. 1206, § 2, 5-11-99; Ord. No. 1215, § 5, 5-11-99; Ord. No. 1247, § 8, 9-12-00; Ord. No. 1278, § 3, 11-13-01; Ord. No. 1308, § 4, 8-13-02; Ord. No. 1339, § 4, 9-9-03; Ord. No. 1340, § 1, 8-12-03; Ord. No. 1369, § 2, 10-12-04; Ord. No. 1405, § 1, 8-8-06; Ord. No. 1415, § 4, 7-11-06; Ord. No. 1439, 4-10-07; Ord. No. 1450,

§ 1, 5-29-07; Ord. No. 1509, § 1, 2-10-09; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1529, § 1, 8-11-09; Ord. No. 1598, § 1, 2-8-11; Ord. No. 1604, § 2, 3-8-11; Ord. No. 1681, § 1, 5-14-13; Ord. No. 1722, § 1, 5-13-14; Ord. No. 1724, § 1, 6-10-14; Ord. No. 1768, § 1, 9-8-15; Ord. No. 1777, § 1, 1-12-16; Ord. No. 1816, § 1, 4-11-17; Ord. No. 1845, § 1, 12-12-17; Ord. No. 1883, § 1, 3-12-19; ; Ord. No. 1888, 4-9-19; Am. Ord. No. 1900, § 1, 9-10-19; Ord. No. 1924, § 2, 7-14-20; Ord. No. 2002, § 1, 1-10-23; Ord. No. 2083, § 1, 10-14-25)