This chapter shall be known as the zoning ordinance, and shall be permitted to be cited as such and may be referred to as this chapter.

(Ord. of 6-26-2000, § 20-1)

The purpose of this chapter is to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within the town.

(Ord. of 6-26-2000, § 20-1)

(a)

The provisions of this chapter shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land or sign within the town, except work located primarily in a public way, public utility towers and poles, and public utilities unless specifically mentioned in this chapter.

(b)

Where, in any specific case, different sections of this chapter specify different requirements, the more restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(c)

In fulfilling these purposes, this chapter is intended to benefit the public as a whole and not any specific person or class of persons. Although through the implementation, administration and enforcement of this chapter, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the jurisdiction hereby shall not be enforceable in tort.

(d)

If any portion of this chapter is held invalid for any reason, the remainder thereof shall not be affected.

(Ord. of 6-26-2000, § 20-1)

(a)

Scope. Unless otherwise expressly stated, the words and terms in this section shall, for the purposes of this chapter, have the meanings shown in this chapter.

(b)

Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.

(c)

Terms defined in other codes. Where terms are not defined in this chapter and are defined in the building or mechanical codes, such terms shall have the meanings ascribed to them as in those codes.

(d)

Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

(e)

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

Accessory living quarters means an accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

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

Acreage, gross, means the overall total area of real property.

Acreage, net, means the remaining area after all deductions are made; with deductions including streets, easements for access, street dedications and similar areas.

Adult oriented business means adult bookstore, adult motion picture theater, adult model studio, adult entertainment establishment, and adult drive-in theater.

Adult bookstore means an establishment that devotes more than five percent of the floor space for the sale of books, magazines, periodicals, photographs, films, motion pictures, video cassettes, and any other form of visual or audio representation that emphasizes sexual activities or specified anatomical areas.

Adult entertainment establishment means any place or establishment which features dancers, go-go dancers, exotic dancers, male or female impersonators, or similar entertainers which perform in a state of nudity or where specific anatomical areas are displayed during performance.

Adult motion picture theatre means a theatre where films, motion pictures, slides, or any pictorial where an substantial amount of time is dedicated to showing depicted sexual activity or specific anatomical areas of the human body for the observation of the clientele.

Adult model studio means any use open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by persons. This shall not apply to any school of art which meets the requirements of the Code of Virginia.

Adult drive-in theatre means an open area or parking lot in which films, motion pictures, slides or any pictorial where an extensive amount of time is dedicated to showing depicted sexual activity or specific anatomical areas of the human body may be viewed from a motor vehicle, or outdoor seating area.

Agriculture means the tilling of the soil, raising of crops, animals, horticulture, gardening, forestry, beekeeping, aquaculture and any agricultural industry or business, such as fruit packing plants, dairies or similar use.

Alteration means any change, addition or modification in construction, occupancy or use.

Alternative nicotine products means any products or devices that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or electronic pipe.

Amusement arcade means establishments in which more than ten percent of the use is the operation of video, mechanical, electronic, and/or coin operated games and/or devices for the amusement of the general public.

Amusement center means an establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting gallery, table games and similar recreational diversions within an enclosed building.

Amusement machine means any video, mechanical, electronic and/or coin operated game and/or device for the amusement of patrons. This definition shall not be construed to include coin operated music players, coin operated mechanical children's rides or coin operated television.

Ancillary sale means where a grocery store, supermarket, convenience store or similar market uses no more than two percent of its gross floor area, or 20 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco.

Apartment house means a residential building designed or used for three or more dwelling units independently of each other.

Automobile graveyard means any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated, are placed.

Automotive repair, major, means an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, which is conducted within a completely enclosed building.

Automotive repair, minor, means an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, which is conducted within a completely enclosed building.

Automotive self-service station, and automotive service station mean that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment shall be permitted to offer for sale at retail other convenience items as a clearly secondary activity and shall be permitted also to include a freestanding automatic carwash. Accessory activities shall be permitted to include automotive repair and maintenance, carwash service and food sales.

Awning means a shelter supported entirely from the exterior wall of a building.

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

Bed and breakfast facility means a limited commercial activity, conducted within a structure, which includes dining and bathroom facilities with sleeping rooms for shortterm guest lodging.

Block means land, or a group of lots, surrounded by streets or other rights-of-way, other than an alley, or land which is designated as a block on any recorded subdivision tract.

Board means the board of zoning appeals of the town.

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

Building means any structure used or intended for supporting or sheltering any use or occupancy for the housing or enclosure of persons, animals or chattels.

Building, accessory, means a separate and subordinate structure upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes.

Building code means the Virginia Uniform Statewide Building Code (USBC) as amended.

Building height means the vertical distance measured above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.

Building line means the distance which a building is from the front lot line or front boundary line. The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.

Building, main, means a building in which the principal structure use of the site is conducted.

Building, temporary, means a building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.

Business or financial services means an establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.

Canopy means a roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings.

Carport means a roofed structure open on at least two sides and used for the storage of private or pleasure-type vehicles.

Cellar means a story having more than one-half of its height below grade and which may not be occupied for dwelling purposes.

Commercial, heavy, means an establishment or business which generally uses open sales yards, outside equipment storage, or outside activities that generate noise or other impacts considered incompatible with less intense uses. Typical businesses in this definition are lumberyards, construction specialty services, heavy equipment suppliers or building contractors.

Commercial, light, means an establishment or business which generally has retail or wholesale sales, office uses or services that do not generate noise, or other impacts considered incompatible with less intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.

Commercial center, community, means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket.

Commercial center, convenience, means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services.

Commercial center, neighborhood, means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant.

Commercial center, regional, means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional commercial center shall provide for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services, in full depth and variety.

Commercial retail sales and services means establishments which engage in the sale of general retail goods and accessory services. Businesses within this definition include those which conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor "sidewalk" promotions); businesses specializing in sale of either general merchandise or convenience goods.

Commission means the planning commission of the town.

Comprehensive plan means the declaration of purposes, policies and programs for the development of the town.

Condominium means a single dwelling unit in a multiunit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.

Congregate residence means any building or portion thereof which contains facilities for living, sleeping and sanitation as required by this chapter, and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodginghouses.

Convalescent center means a facility which is publicly or privately operated and intended for longterm patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.

Court means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

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

Dancehall, discotheque, means an establishment intended primarily for dancing and entertainment within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only.

Day care, facility, means a child day care program offered in the residence of the provider or the home of any of the children for the care of six through 12 children under the age of 13, exclusive of the providers own children and any child who resides in the home, when at least one child receives care for compensation. A day care, facility shall be licensed as required by state law. A day care, facility in which more than four children under the age of two, including the providers own children and any children who reside in the home shall be licensed as provided by state law. Day care, in which the children in care are grandchildren of the provider shall not be included in this definition.

Day care, family, means a child day care program offered in the residence of the provider or the home of any of the children for the care of one through five children, under the age of 13 exclusive of the providers own children and any children who reside in the home, when at least one child receives care for compensation. No daycare, family shall care for more than four children under the age of two, including the providers own children and any children who reside in the home. Day care, in which the children in care are all grandchildren of the provider shall not be included in this definition.

Day care, group means an establishment for the care and/or instruction, whether or not for compensation, of six or more persons at any one time. Child nurseries, preschools and adult care facilities are included in this definition. A day care, group is restricted to an R-3, B-1 and B-2 district.

Density means the number of dwelling units which are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.

District means districts as referred to in the Code of Virginia.

Driveway means a private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.

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

Dwelling means any structure which is designed for use for residential purposes, except motels, boardinghouses, lodginghouses, tourist cabins, apartments and automobile trailers that includes a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities. A dwelling shall have at least 400 gross square feet of internal living space and shall not include an unregistered building, yurt, tent, travel trailer, recreational vehicle or similar vehicle or structure. The construction of a dwelling shall at a minimum meet that of the Virginia Uniform Statewide Building Code.

Dwelling, duplex, means a building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units.

Dwelling, multiple-unit, means a building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.

Dwelling, planned group, means two or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common.

Dwelling, single-family, means a detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.

Dwelling unit means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this chapter, for not more than one family.

E-cigarette or electronic cigarette means any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as "vape juice," and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The vape juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their vape juice can be classified as both tobacco products, vape related products and tobacco paraphernalia.

Easement means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner of the property. The easement shall be permitted to be for use under, on, or above such lot or lots.

Electronic game room (internet sweepstake/internet cafe) means a business enterprise, whether principal or accessory, where persons utilize electronic machines, including but not limited to computers and gaming terminals to conduct games of odds or chance, including sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determine by electronic games played or by predetermined odds. Electronic gaming operations do not include operations associated with the official Virginia lottery or amusement arcades.

Erect means to build, construct, attach, place, suspend or affix.

Face of building, primary, means the wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.

Family means one or more persons related by blood, marriage or adoption occupying a premises and living in a single-family dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodginghouse, tourist home or hotel.

Farm animals means animals other than household pets that shall, where permitted, be kept and maintained for commercial production and sale and/or family food production, education, or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons.

Floor area, gross, means the sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof.

Floor area, net, means the gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.

Floor area ratio means the numerical value obtained by dividing the gross floor area of a building by the area of the lot on which the building is constructed.

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

Garage, private, means an accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of two times as many automobiles as there are dwelling units.

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

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

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

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

Grade (adjacent ground elevation) means the lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet from the building.

Graffiti means unauthorized marking on a structure.

Gross leasable area (GLA) means the total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet as measured from the centerline of joint partitions and from outside wall faces.

Group care facility means a facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons.

Guestroom means any room or rooms used or intended, arranged or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking. Dormitories are excluded.

Habitable space (room) means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

Historical area means as indicated on the zoning map an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

Hog farm means a farm where hogs are kept and fed primarily on garbage transported from other places.

Home garden means a garden in a residential district for the production of vegetables, fruits and flowers generally for use or consumption by the occupants of the premises.

Home occupation means an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises, except as determined by the planning commission, such as the rental of rooms to tourists, the preparation of food products for sale, and similar activities; professional offices such as medical, dental, legal, engineering and architecture conducted within a dwelling by the occupant.

Hospital means an institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices. But in all cases excluding institutions primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts. Certain nursing homes and homes for the aged may be home occupations if they comply with the definition in this section.

Hospital, special care, means an institution rendering care primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts.

Household pets means dogs, cats, rabbits, birds, for family use only (noncommercial) with cages, pens, etc.

Industrial building unit or unit means a building assembly or system of building subassemblies, including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building or as part of a finished building compromising two or more industrialized building units and not designed for ready removal to or installation or erection on another site. The term "off-site," as used in this definition, refers to an industrialized building unit produced at any place other than the location in which the completed building where it is permanently positioned.

Industrial or research park means a tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.

Institutional bulletin board means a changeable sign announcing events or activities.

Itinerant sales or business means any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the town or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the town, including anyone who, in furtherance of such purpose, displays samples, model good, wares or merchandise within the town for the exhibition and sale of such goods, wares and merchandise. Itinerant merchant shall not include a merchant with an established store, regularly open to the public; a licensed merchant with a regularly serviced supply route or location; or a merchant who purchases merchandise directly from a manufacturer. This shall not include non-profit organizations, religious organization, 501C(3) corporations or organizations, educational institutions, or any business approved by the zoning administrator during the special holidays, festivals and events.

Junkyard means the use of any area of land lying within 100 feet of a town street or state highway or the use of more than 200 feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metal or other scrap materials. The term "junkyard" shall include the term "automobile graveyard."

Jurisdiction means the area or territory subject to the legislative control of the town council.

Kennel means any lot, place or premises prepared to house, board, breed, handle or otherwise keep or care for four or more cats or dogs. The cats or dogs may be for sale or in return for compensation or not.

Kitchen means any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.

Landscaping means the finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth.

Livestock means, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.

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

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

Lot, corner, means a lot abutting on two intersecting or intercepting streets. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets.

Lot, flag, means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.

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

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

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

Lot, irregular, means a lot the opposing property lines of which are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.

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

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

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

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

Manufactured home, special care, means a home used as a temporary dwelling for a family member who is in need of special, frequent and routine care by reason of advanced age or ill health.

Manufacturing, heavy, means all other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.

Manufacturing, light, means the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.

Manufacturing, medium, means the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.

Marijuana means any part of a plant of the genus cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids, but specifically excluding any hemp product containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is dispensed and possessed in compliance with applicable federal, state, and local law.

Marijuana dispensary means a retail facility that is licensed under state law to sell or resell marijuana.

Mobile home park/manufactured home park mean a parcel of land under single or common ownership upon which ten or more mobile/manufactured homes are located on a continual nonrecreational basis, together with any structure, equipment, road or facility intended for use incidental to the occupancy of the mobile/manufactured homes, but shall not include premise used solely for storage or display of uninhabited mobile/manufactured homes or premises occupied solely by a landowner and members of his family.

Model home means a dwelling temporarily used as a sales office for a residential development under construction; such home being used for on-site sales and not for general real estate business.

Modular home means a factory-built home, other than a manufactured home, which meets all of the following requirements:

(1)

Is designed only for erection or installation on a site-built permanent foundation;

(2)

Is not designed to be moved once so erected or installed;

(3)

Is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a state or local modular building code recognized as generally equivalent to building codes for site-built housing;

(4)

To the manufacturer's knowledge, is not intended to be used other than on a site-built permanent foundation; and

(5)

A structure having a valid Virginia registration seal affixed certifying that the unit is built in accordance with Virginia Industrialized Building Safety Law (Code of Virginia, § 36-70 et seq.) as regulated by the Virginia Department of Housing and Community Development.

Mortuary and funeral home mean an establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.

Motel and hotel mean any building containing six or more guestrooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

Natural waterways means those areas, varying in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the jurisdiction.

Nonconforming activity or use means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to this chapter.

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to this chapter.

Nonconforming sign means a sign or sign structure or portion thereof lawfully existing at the time this chapter became effective, which does not now conform.

Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter, for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to this chapter.

Nonconforming use. See "Nonconforming activity or use."

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

Open space means land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.

Park means a public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.

Park and ride facilities means parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage car pooling for purposes of commuting, or for access to recreation areas.

Parking garage, commercial, means a building, other than a private garage, used for the parking of automobiles with or without a fee.

Parking lot means an open area, other than a street, used for the parking of automobiles.

Parking space, automobile, means a space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.

Payday loan means a small, short-maturity loan on the security of:

(1)

A check;

(2)

Any form of assignment of an interest in the account of an individual or individuals at a depository institution; or

(3)

Any form of assignment income payable to an individual or individuals, other than loans based on income tax refunds, as defined under Code of Virginia, § 6.1-444.

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

Person means a natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

Planned unit development (PUD) means a residential or commercial development guided by a total design plan in which one or more regulations of this chapter and chapter 70, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.

Plot plan means a plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.

Pools, swimming, hot tubs and spas means:

Aboveground/on-ground pool. See "Private swimming pool."

Barrier means a fence, a wall, a building wall, the wall of an aboveground swimming pool or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.

Hot tub. See "Private swimming pool."

In-ground pool. See "Private swimming pool."

Power safety cover means a pool cover which is placed over the water area, and is opened and closed with a motorized mechanism activated by a control switch.

Private swimming pool means any structure that contains water over 24 inches in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy and which is available only to the family and guests of the householder. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.

Private swimming pool, indoor, means any private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of such structure.

Private swimming pool, outdoor, means any private swimming pool that is not an indoor pool.

Public swimming pool means any swimming pool other than a private swimming pool.

Spa. See "Private swimming pool."

Public improvement means any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or for which the local government responsibility is established.

Public services means uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, courts or government offices, but not including public utility stations or maintenance facilities.

Public sewer system means a sewer system owned and operated by the town, a municipality or county, or owned and operated by a private individual or a corporation approved by the town council and properly licensed by the state corporation commission, and subject to special regulations as set forth in this chapter.

Public utility station means a structure or facility used by a public or quasipublic utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. The term "public utility station" does not include storage or treatment of sewage, solid waste or hazardous waste.

Public water system means a water system owned and operated by the town, a municipality or county, or owned and operated by a private individual or a corporation approved by the town council and properly licensed by the state corporation commission, and subject to special regulations as set forth in this chapter.

Public way means any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

Quasipublic means essentially a public use, although under private ownership or control.

Quorum means a majority of the authorized members of a board or commission.

Recreation, indoor, means an establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theaters, and related amusements.

Recreation, outdoor, means an area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions, and similar structures used primarily for recreational activities.

Recycling facility means any location the primary use of which is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.

Rehabilitation center (halfway house) means an establishment the primary purpose of which is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles.

Religious, cultural and fraternal activity means a use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.

Renovation means interior or exterior remodeling of a structure, other than ordinary repair.

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

Restaurant means an establishment which sells prepared food or beverage for consumption. Restaurants shall be classified as follows:

Restaurant, fast food, means an establishment which sells food already prepared for consumption, packaged in paper, styrofoam or similar materials, and may include drive-in or drive-up facilities for ordering.

Restaurant, general, means an establishment which sells food for consumption on or off the premises.

Restaurant, takeout, means an establishment which sells food only for consumption off the premises.

Retail stores and shops means buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood, and lumberyards), such as the following, which will serve as illustration: drugstore, newsstand, foodstore, candy shop, milk dispensary, dry goods and notions store, antique store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.

Salvage yard means any location the primary use of which is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires and bottles.

Sawmill means a portable sawmill located on a private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto.

School, commercial, means a school establishment to provide for the teaching of industrial, clerical, managerial, computer or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school).

Setback means the minimum required distance between the property line and the building line.

Shopping center means a group of commercial establishments, planned, owned and managed as a unit providing on-site parking in definite relationship to the types and sizes of stores therein.

Sign means an advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers. This will include any display of any letters, words, numerals, figures, devices, emblems, pictures or any parts or combinations thereof, by any means whereby the letters, words, numerals, figures, devices, emblems, pictures or any parts or combinations thereof are made visible for the purpose of making anything known, whether such display be made on, attached to, or as a part of a structure, surface or any other thing, including but not limited to the ground, any rock, tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which such display is made. A display of less than one square foot in area is excluded from this definition.

Sign, community, means temporary, on-premises or off-premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature announcing activities, promotions or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction-based nonprofit organization.

Sign, directional, means a sign placed on-site, to indicate direction to a general or specific area (additional parking, drive through teller, entrance, exit, etc.).

Sign, directory, means a sign placed on-site, containing an alphabetical, numerical, or otherwise classified listing of names and/or businesses and their locations.

Sign, freestanding, means a sign supported by uprights or braces in or upon the ground surface.

Sign, marquee, means a sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line or street lot line.

Sign, off-site, means a sign other than a on-site sign.

Sign, on-site, means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Sign, outdoor advertising, means a sign which directs attention to a product, commodity or service not necessarily conducted, sold or offered upon the same lot where the sign is located or which contains a message regarding a matter not necessarily related to the same lot where the sign is located.

Sign, portable, means a sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure and which obtains some or all of its structural stability by means of its geometry or character.

Sign, projecting, means a sign which is attached directly to the building wall and which extends more than 12 inches from the face of the wall.

Sign, roof, means any sign erected upon or above the roof of a building or structure, or part thereof.

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

Sign, temporary, means a sign constructed of cloth, fabric or other light temporary material with or without a structural frame intended for a limited period of display. Temporary signs include decoration displays for holidays or public demonstrations.

Sign, wall, means a sign which is attached directly to a fence or on the surface of a building or other structure walls or painted directly on a wall, and which extends not more than 15 inches from the face of the fence or wall.

Signs, flashing or animated means a sign that is animated or has moving components, with a sign cyclical period between on-off phase of illumination or animation of less than four seconds.

Site plan means a plan which outlines the use and development of any tract of land.

Stadium means a large open or enclosed space or facility specifically designed as a place of public assembly for viewing sporting events or other special entertainment events, including concerts, and which contains any combination of the following structures:

(1)

Permanent or semi-permanent seating exceeding 15 feet in height;

(2)

Press box;

(3)

Concession stand;

(4)

Restrooms; or

(5)

Stadium or arena-style lighting.

Store. See "Retail stores and shops."

Story means that portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above grade as defined in this section for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this section at any point, such usable or unused under-floor space shall be considered as a story.

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

Street, arterial, means Virginia Avenue, State Route 102 and State Route 720 within the town.

Street, collector, means any street, other than an arterial street, as defined in this section, with the town.

Street and road mean any thoroughfare or public way which afforded principal means of access to abutting property.

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

Street, private, means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" includes, among other things, dwellings, buildings, signs, etc.

Subdivision means the division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land.

Theater means a building used primarily for the presentation of live stage productions, performances or motion pictures.

Tobacco paraphernalia means any paraphernalia, equipment, device, or instrument that is designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Code of Virginia.

Tobacco product or tobacco-related product means any product in leaf, flake, plug, liquid, vape juice or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

Tobacco, smoke, or vape shop means any premises with more than an incidental or ancillary display, whose principal business is the sale, distribution, delivery, offering, furnishing, or marketing of alternative nicotine, alternative nicotine delivery products, vapes, vapor products, e-cigarette, vape juice, single cigarette tobacco, tobacco products, or tobacco paraphernalia including smoke shops, and tobacco shops. For the purposes of this section, "principal business" means that alternative nicotine products, vape juice, or both constitute at least 25 percent of the floor area of a business building is devoted to the sale or advertisement for sale of vape or vape-related products, or if the word "vape" or "smoke" are in the name of the business. No tobacco, smoke, or vape shop shall operate as a marijuana dispensary.

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

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

Use means the activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.

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

Use, change of, means the change within the classified use of a structure or premises.

Use, nonconforming, means a use which lawfully occupied a building or land at the time the ordinance from which this chapter is derived became effective, which has been lawfully continued and which does not now conform with the use regulations.

Use, principal, means a use which fulfills a primary function of a household, establishment, institution or other entity.

Use, temporary, means a use that is authorized by this chapter to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.

Vape or vape juice means any liquid that contains compounds containing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food grade flavoring, and water, and can be used for vaping by means of an alternative nicotine product.

Vapor products or vape related products means any noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, that can be used to produce vapor intended for human consumption including, but not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape, vape pen, vaporizer or similar product or device and any container containing a consumable material that has been manufactured to be used with or in a vape, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer or similar product or device.

Variance means, in the application of this chapter, a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of this chapter would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of this chapter, and would result in substantial justice being done. A variance shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning. A relaxation of the terms of this chapter where property is acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of the specific piece of property at the time of the effective date of the ordinance from which this chapter is derived, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the condition, situation or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the utilization of the property, or where the board of zoning appeals is satisfied, upon evidenced heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purposes of this chapter.

Warehouse, wholesale or storage means a building or premises in which goods, merchandise or equipment are stored for eventual distribution.

Wayside stand, roadside stand and wayside market mean any structure or land used for the sale of agriculture or horticulture produce, livestock or merchandise produced by the owner or his family on their farm.

Wrecking yard means any place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled or handled.

Yard means an open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this chapter.

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

Yard, rear, means an open, unoccupied space on the same lot as a building between the rear line of the building, excluding steps, and the rear line of the lot, or the ordinary high-water line, and extending the full width of the lot.

Yard, side, means an open, unoccupied space on the same lot with the building and between the building line (excluding steps) and the side lot line, or to the ordinary high-water line, and extending from the front yard line to the rear yard line.

Zero lot line development means single-family dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line.

(Ord. of 6-26-2000, § 20-5; Ord. of 2-25-2008(2); Ord. of 3-9-2009; Ord. of 5-12-2009; Ord. of 11-8-2010; Ord. of 10-10-2011(1); Ord. of 8-28-2012(2); Ord. of 4-13-2021(1); Ord. of 5-24-2022(1); Ord. of 1-23-2024(1); Ord. of 11-19-2024(1))

Cross reference— Definitions generally, § 1-2.

Whenever there shall be plans in existence, approved by either the state department of transportation or by the town council for the widening of any street or highway, the planning commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Ord. of 6-26-2000, § 20-50)

(a)

The regulations, restrictions and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed by a favorable majority of votes of the town council only after notice has been published, and a public hearing held, in accordance with Code of Virginia, § 15.2-2204.

(b)

Changes shall be made by the town council in this chapter or the zoning map only after such changes have been referred to the planning commission for a report. Action shall be taken by the town council only after a report has been received from the planning commission, unless a period of 60 days has elapsed after the date of referral to the planning commission, after which time it may be assumed the planning commission has approved the change or amendment.

(Ord. of 6-26-2000, § 20-60)

(a)

Unlawful acts. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or land or cause or permit such work to be done in violation of this chapter. When any building or parcel of land regulated by this chapter is being used contrary to this chapter, the code official shall be permitted to order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the code official after receipt of such notice to make the structure, parcel of land, or portion thereof, comply with the requirements of this chapter.

(b)

Penalties. Any person, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-15. Such person shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person and shall be punishable as provided in this section.

(Ord. of 6-26-2000, § 20-55)