For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Any word, term or phrase used in this chapter not defined below shall have the meaning ascribed to the word in the most recent edition of Webster's Unabridged Dictionary, unless in the opinion of the zoning administrator, established customs or practices of the County of Botetourt, Virginia justify a different or additional meaning. Further, for the purpose of this chapter, certain words and terms are to be interpreted as follows:

(1)

Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; words in the singular number include the plural; and words in the plural include the singular, unless the obvious construction of the wording indicates otherwise.

(2)

The word "shall" is mandatory.

(3)

Unless otherwise specified, all distances shall be measured horizontally and at right angles or radially to the line in relation to which the distance is specified.

(4)

Unless otherwise specified, the term "day" shall mean working day (Monday through Friday).

(5)

The word "lot" includes the word plot; the word "used" includes the terms designed, intended, arranged or to be used.

(6)

The terms "land use" and "use of land" shall include the use of buildings and structures.

Abattoir: A commercial slaughterhouse.

Abutting: Contiguous, adjoining; having property or district lines in common; or being separated only by a public right-of-way, or access easement.

Access: A means of approaching or entering, including ingress and egress.

Accessory use or building: A use, building, lot or portion thereof which is customarily incidental and subordinate to the principal use of the main building or lot. (also see dwelling, accessory).

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

Acreage: The area of land within a parcel or tract, expressed in number of acres.

Addition: Any construction which increases the bulk or gross floor area of a building or structure.

Adjacent: Nearby and not necessarily contiguous.

Administrator: The county's zoning administrator or authorized agent thereof, who is charged by the board of supervisors with the responsibility of interpreting and administering this zoning ordinance.

Adult use definitions:

Adult bookstore: An establishment that devotes more than fifteen (15) percent of the total floor area utilized for the display of books and periodicals, or (15) percent of the total sale stock of the establishment, to the display and sale of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, compact discs, DVDs, records or any other forms of visual or audio representations which are characterized by an emphasis upon the depiction and description of specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen (15) percent of the total floor area or total stock of the establishment to the sale of books and periodicals.

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

Adult mini-motion picture theatre: An establishment, with a capacity of more than five (5) but less than fifty (50) persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

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

Adult motion picture arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

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

Adult use: Any adult bookstore, adult motion picture theatre, adult mini-motion picture theatre, adult motion picture arcade, adult model studio, adult drive-in theatre or massage parlor, as defined herein.

Massage parlor: Any establishment defined as a massage parlor by section 12-1 of this Code.

Agricultural district: Any district zoned A-1 or FC.

Agricultural and forestal district: Any such district created in accord with the provisions of the Virginia Code for such districts; not a zoning district.

Agriculture: The use of land for purposes of raising plants and animals useful to humans, other than for home agriculture, including field crops, pasture, fruits, vegetables, floral and greenhouse products, sod, viticulture, silviculture, aquaculture, apiculture, poultry and other fowl, horses and other livestock, including owning, breeding, leasing, training and recreational usage of livestock, and the necessary accessory uses, materials and equipment for packing, storing and treating of agricultural goods produced on the premises for distribution to final processing plants and markets; provided, however, that the necessary accessory uses shall be secondary to that of the main agricultural activities.

The term does not include processing plants, livestock markets, commercial stables, kennels, slaughter houses or "intensive agriculture" uses as defined herein.

The term does include "limited agriculture" activities.

Agriculture, home: The use of residential land to raise plants and animals useful to humans, including fruits and vegetables, honeybees and domestic, small-lot animals, at a limited scale, when it occurs on the same parcel as the residence of the person primarily responsible for the plants and animals.

Agriculture, intensive: The raising, breeding and keeping of animals in concentrated, confined conditions, other than for home agriculture, which may include such operations as swine, veal, sheep; houses and pens for poultry or other fowl; feed lots for beef, dairy cattle, swine, sheep and other animals; livestock markets and pet farms. Additional definitions related to intensive agriculture provisions:

Agriculture, intensive, facility ("also livestock facility"): Any enclosed field, range, pen or building where 300 or more total animal units are confined or housed for more than forty-five (45) consecutive days or more than ninety (90) total days in any part of any twelve-month period, and crops, vegetation, forage growth or post-harvest residues are not sustained over any significant portion of such field, range, pen, or building, and/or any poultry or swine operation containing five (5) or more animal units in a single enclosed field, range, pen or building, or ten (10) or more animal units on a single tract of less than ten (10) acres.

Such facilities include, but are not limited to, feed storage bins, litter storage sites, incinerators, manure storage sites, swine or poultry house, livestock or poultry disposal pits and dead livestock or poultry cold storage chests.

Equivalent of three hundred (300) animal units:

• Three hundred (300) slaughter or feeder cattle (one (1) animal unit = 1.0 feeder cattle)

• Seven hundred fifty (750) swine (one (1) animal unit = 2.5 swine)

• One hundred fifty (150) horses (one (1) animal unit = 0.5 horses)

• Three thousand (3,000) sheep or lambs (one (1) animal unit = 10.0 sheep)

• Two hundred (200) mature dairy cattle (one (1) animal unit = 0.67 mature dairy cattle)

• Sixteen thousand, five hundred (16,500) turkeys (one (1) animal unit = 55.0 turkeys)

• Thirty thousand (30,000) laying hens or broilers (one (1) animal unit = 100.0 broilers)

Existing dwelling: A residential dwelling which is occupied or suitable for occupancy or which has been issued a building permit on or before the date a zoning permit for an intensive agricultural facility has been approved by the zoning administrator.

Existing livestock, dairy, poultry facility: An intensive agriculture facility which has been in operation for a one (1) year period within the five (5) years immediately preceding the date on which a zoning permit is sought for a dwelling.

Agriculture, limited: The use of land for purposes of raising plants useful to humans, other than for home agriculture, including field crops, fruits, vegetables, sod, viticulture, silviculture, and the necessary accessory uses, materials and equipment for packing, storing and treating of agricultural goods produced on the premises for distribution to final processing plants and markets; provided, however, that the necessary accessory uses shall be secondary to that of the main agricultural activities. The term does not include livestock other than aquaculture, apiculture and household pets, and does not include processing plants, livestock markets or slaughter houses. The term "agriculture" includes all of the uses defined within "limited agriculture".

Airport, airpark, flight strip, airfield and heliport: A place where aircraft may take off and land, discharge or receive cargo or passengers, be repaired, take on fuel or be stored.

Alley: A permanent public or private right-of-way providing a secondary and/or service means of vehicular access to the side or rear of those projects whose principal frontage is on some other street.

Alteration: Any change in the total floor area, use, intensity, capacity or adaptability or external appearance of an existing structure, except for superficial, non-structural changes such as paint color.

Alternative tower structure: Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Amend or amendment: Any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape boundary or area of a district; or any repeal or abolition of any map, part thereof or addition thereto.

Animal hospital: A facility for the provision of surgical or other medical treatment to animals. Such animals may be kept in the facility during the recovery period or while under medical treatment only.

Animals-domestic-small lot: Animals that typically require at least four thousand five hundred (4,500) gross square feet of lot size; to include chickens, pigeons and other animals of similar size and characteristics as approved by Botetourt Planning and Zoning.

Antenna: Any exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of electromagnetic waves that is one (1) meter or less in diameter; or an antenna that is designed to receive video programming services via multipoint distribution services; including multichannel, multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is one (1) meter or less in diameter or diagonal measurement; or an antenna that is designed to receive television broadcast signals, provided that this definition shall not be interpreted to include an antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services.

Antique shop: A retail or wholesale enterprise in which old furniture and household implements are sold.

Apartment house: (See Dwelling, multi-family).

Assisted living facility: (See senior living facilities).

Attic: The part of structure which is immediately below and wholly or partly within the roof framing; where there are dormers greater than fifty (50) percent of the length of the roof, then this area is not an attic.

Automobile graveyard: Any lot or place which is exposed to the weather and upon which more than five (5) inoperative vehicles are placed, located or found, including automobiles, motorcycles, boats, buses, trucks, campers, and similar vehicles. For purposes of regulation, an automobile graveyard is considered to be a junkyard.

Automobile, travel trailer or mobile home sales lot: A lot arranged, designed or used for the storage and display for sale of any operable motor vehicle or any type of trailer or mobile home, provided the trailer is unoccupied, and where no repair work is done except minor and incidental repair of automobiles and trailers displayed and sold on the premises.

Awning: A rooflike cover extending outward from the exterior wall of a building to cover a walkway or entrance area, either cantilevered or supported with posts or columns.

Base district: A type of zoning district established in this chapter that requires a generally uniform group of land uses and lot requirements and does not require a concept development plan in advance of zoning approval, in contrast to the special and overlay districts.

Basement: A story with at least half of its height below grade (below ground level) on all sides. A basement shall not be counted as a story for the purpose of height regulations, but shall be counted as usable floor area in calculating floor area ratios.

Bay: (See land bay).

Bed and breakfast: A single-family dwelling, or portion thereof, where short-term lodging is provided for compensation to transient guests only. The operator may or may not live on the premises. Meals may be provided to guests only. Up to fifteen (15) guest rooms may be provided.

Beehive: A structure in which bees are kept, typically in the form of a dome or box.

Berm: A landscaped earthen mound intended to screen, buffer, mitigate noise and generally enhance views of parking areas, storage areas or required yards, particularly from public streets and adjacent properties.

Block: That property abutting one side of a street and lying between the two (2) nearest intersecting streets or the nearest intersecting or intercepting street and railroad right-of-way, unsubdivided acreage, river or live stream or between any of the foregoing and any other barrier to the continuity of development.

Boardinghouse: A dwelling where, for compensation, lodging, with or without meals, is provided for at least three (3) and up to fourteen (14) persons, not related by blood, marriage or adoption, typically for periods of longer than thirty (30) days. On-site management must be provided. Housing provided for juveniles through the department of social services is exempted.

Boarding kennel: (See kennel).

Board of supervisors: The Botetourt County Board of Supervisors, also known as the governing body.

Board of zoning appeals: The Botetourt County Board of Zoning Appeals.

Buffer (also buffer yard, buffer area): A yard or area improved with screening and/or landscaping materials as required between abutting uses or districts of differing intensities for the purpose of decreasing the adverse impacts of one differing use on another.

Building: Any structure having a roof supported by columns or walls for the housing or enclosure of any person, animal, activity or property of any kind, to include mobile homes except as otherwise provided for in this chapter, but not to include travel trailers and other such vehicles.

Building, accessory: A subordinate structure customarily incidental to, and located upon the same lot occupied by the main structure or building. Garages or other accessory buildings such as carports, porches and stoops attached to the main building shall be considered part of the main building.

Building Code: Uniform Statewide Building Code.

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

Building, main: (See building, principal).

Building official: An appointed official of the county who is responsible for certifying building inspections.

Building, principal: the principal or main structure or one (1) of the principal buildings on a lot or the building or one (1) of the principal buildings containing the principal use on the lot. The terms main and principal have the same meaning in this chapter when referring to structures, buildings and uses.

Business district: Any district zoned B-1, B-2, B-3, SC, POP.

Business storage yard: (See storage yard).

Cabin or cottage: A single dwelling unit located on a single parcel, which is made available for short-term rental (less than thirty (30) days) in its entirety. More than one (1) dwelling unit being used for short-term rental on the same parcel shall be known as a Cabin or Cottage, Resort. The owner may reside, full-time, in a separate dwelling unit on site.

Cabin or cottage, resort: A lot, or tract of land, operated as a commercial enterprise on which multiple dwelling units are made available for short-term rental (less than thirty (30) days). The owner may live in a separate dwelling unit on the site. Cabin or cottage, resort does not mean mobile home park as defined herein.

Campground: A lot, or tract of land operated either as a commercial or non-commercial enterprise in which seasonal facilities are provided for all or any of the following: camping in tents, picnicking, boating, fishing, swimming, outdoor games and sports, and activities incidental and related to the foregoing, but not including golf, golf driving ranges, miniature golf, mechanical amusement devices or permanent housing facilities for guests. Campground does not mean recreational vehicle park, cabin or cottage, resort, or mobile home park as defined herein.

Candela: The International System unit of luminous intensity; that is, power emitted by a light source in a particular direction, weighted by the luminosity function (a standardized model of the sensitivity of the human eye to different wavelengths). A standardized candle emits light with a luminous intensity of one (1) candela. If emission in any direction is blocked by an opaque barrier, the emission would still be approximately one (1) candela in the directions that are not obscured.

Canopy: (See awning).

Carport: A covered but not enclosed area for storing or parking automobiles.

Cellar: A story having more than one-half (½) of its height below grade and which may not be used for dwelling purposes.

Cemetery: Property used for the interring of the dead, in which columbarium and mausoleums may be used. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery. Includes pet cemeteries.

Center of traditional neighborhood: The center point of the neighborhood from which walking distances are measured. The center point need not be at the exact geographic center of the neighborhood, but should be generally at the center.

Child "family day care homes" and "child care centers": (See day care centers).

Chipmill: (See sawmill).

Church: A place of worship, an institution that people regularly attend to participate in or hold religious services, meetings and other related activities. The term "church" shall not carry a secular connotation and shall include any building used for religious services by any denomination. Day care centers and educational activities uses may be considered accessory uses of a church.

Civic use: A public or semi-public use, to include schools, libraries, community centers, parks, playgrounds, greens, squares, post offices, churches, and the like. Civic uses may include land or buildings owned by a property owners or homeowners association.

Club: An organization catering exclusively to members and their guests, including premises and buildings, for recreational or athletic purposes which are not conducted primarily for gain; provided, there are not conducted any vending stands, merchandising or commercial activities, except as required generally for membership and purposes of such clubs; includes civic clubs.

Cluster development: An arrangement of structures on adjoining lots in groupings allowing closer spacing than would be generally permitted under requirements of lot widths, with the decrease in lot width or area compensated for by maintenance of equivalent open space, either elsewhere on the lot or in the form of common open space.

Code of Virginia includes "as amended."

Commercial: Any wholesale, retail or service business activity established to carry on trade for a profit. (Also see "retail" and "wholesale").

Commercial district: Any district zoned B-1, B-2, B-3, SC, or POP.

Commercial stable: (See stable).

Commercial recreation: (See commercial recreation, indoor and commercial recreation, outdoor).

Commercial recreation, indoor: Any enclosed or semi-enclosed establishment operated as a commercial enterprise (open to the public for a fee) for the following activities: games and athletics, bowling, billiards or pool, darts, bingo, slot cars, hard and soft courts, miniature golf, cultural activities, martial arts, archery, roller or ice skating, skateboarding, swimming, and activities incidental to the foregoing.

Commercial recreation, outdoor: Any outdoor establishment operated as a commercial enterprise (open to the public for a fee) for the following activities: games and athletics, batting and pitching cages, darts, hard and soft courts, miniature golf, radio-controlled vehicles and airplanes, pony rides, waterslides, cultural activities, martial arts, archery, camping, roller or ice skating rinks, skateboarding, picnicking, boating, fishing, swimming, golf driving ranges, and activities incidental to the foregoing, but not including amusement rides, amusement parks, theme parks or motor vehicle race tracks.

Commercial vehicle: Any vehicle with a rated carrying capacity of one thousand five hundred (1,500) pounds (¾ ton) or more, and any vehicle, regardless of capacity, which displays advertising lettered thereon or which is licensed and/or operated as a "for hire" vehicle. For the purpose of this chapter, commercial vehicles shall not be deemed to include any vehicle operated by a public agency, farm vehicle or equipment located on property used for agricultural purposes, motor home, camping trailer, boat, boat trailer, horse trailer or similar recreational equipment recognized as personal property and not for hire, emergency vehicles such as ambulances, fire trucks, and vehicles owned and/or operated by a utility company, and any public or private vehicle used exclusively for the transportation of persons to and from school, place of religious worship, or activities related thereto.

Commission: The Planning Commission for Botetourt County, Virginia.

Common open space: (See open space, common).

Community center: A place, structure, area or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant population segments of the community.

Community water or sewer: A water or sewer system owned and operated by a private individual or corporation approved by the board of supervisors and properly licensed by the Commonwealth of Virginia and subject to special regulations as set forth in this chapter. (Also see public utility, water or sewer system).

Condominium: A building or group of buildings in which dwelling units or floor area are owned individually and the structure, common areas and facilities are owned by all owners on a proportional, undivided basis.

Conference center: A building or group of buildings used for group gatherings such as conventions, meetings, training sessions and the like. May be associated with a hotel or motel.

Conservation easement: An easement granting a right or interest in real property that retains land or water areas predominately in their natural, scenic, open, or wooded condition, preserving such areas as suitable habitat for fish, plants, or wildlife, or maintaining existing land uses.

Conservation lot: (See lot, conservation).

Construction standards: Those construction standards approved by the board of supervisors and county building official and included in the Uniform Statewide Building Code.

Construction trailer: A mobile home unit placed temporarily for the use of contractors during the time period when initial construction and development occur on a building site.

Contiguous: See "Abutting".

Contractor's service establishment: Wholesale building supplies such as lumber, plumbing and electrical supplies.

Convenience store: Any establishment primarily engaged in retailing a limited line of goods that generally includes, but is not limited to, milk, bread, soda, snacks, alcohol, tobacco, and other related goods. Convenience stores may also include self-service auto-fuel, (including gasoline, auto-diesel, flex-fuel and other petroleum products), electric vehicle charging stations, car washes, and restaurants. Convenience stores are generally characterized by a rapid turnover of customers, unlimited hours of operations and high-traffic generation, but shall not provide high-flow commercial diesel dispensing or on-site parking spaces designed for large commercial trucks, such as tractor-trailers and buses.

Core area (of traditional neighborhood district): The area that surrounds and extends up to one thousand four hundred (1,400) feet from the center point of a traditional neighborhood. Retail, office and/or entertainment and public uses are concentrated in the core area, which may also contain higher density residential uses.

Correctional facility: An institutional facility for the incarceration of inmates convicted of crimes.

County engineer: An appointed official of the county who is a licensed professional engineer, or his designated deputy.

Court: An open, unoccupied space, other than a yard, with a building or group of buildings which is bounded on two (2) or more sides by such building or buildings and every part of which is clear and unobstructed from its lowest point to the sky.

Coverage: (See "lot, coverage").

Dairy: A commercial establishment for the manufacture and sale of dairy products, and does not include feed lots or other facilities for keeping livestock.

Day care center (child or adult): A licensed establishment operated as a commercial enterprise or public facility which is operated only during a part of any twenty-four (24) hour day for the purpose of providing care, protection and supervision for compensation of six (6) or more children or more than four (4) aged, infirm, or disabled adults who reside elsewhere, at a time during any twenty-four (24) hour period. This term includes nursery schools, preschools, day care centers, after-school care, elder care centers, 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.

Decommission: The removal and proper disposal of solar energy equipment, facilities, or devices related to a utility-scale solar energy facility. The term includes the reasonable restoration of the real property, including soil stabilization and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices.

Density: The allowable number of dwelling units per acre. The types of density are:

(1)

Net density: The number of dwelling units per acre of land on site that is devoted to residential buildings and accessory uses within the site, including roads and permanent open space, but excluding land devoted to other public facilities, stormwater detention facilities, wetlands, 100-year floodplain as shown on FEMA maps, slopes greater than twenty-five (25) percent and nonresidential development.

(2)

Gross density: The ration of the total number of lots or dwellings on a tract to the total number of acres within the tract.

Detention facility: (See correctional facility).

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

District: "Districts" as referred to in §§ 15.2-2280 and 15.2-2281, et seq. of the Code of Virginia.

Donation collection center: A donation center operated by a nonprofit organization that consists of a staffed facility for the acceptance and sorting of donated goods that will be shipped and sold at one of the nonprofit's retail stores.

Driveway: A space or area specifically designated and reserved on a lot for the movement of vehicles from one lot to another or from a lot to a public street.

Drive-in eating establishment: (See restaurant, drive-in).

Dump heap, trash pile, trash heap: Any area of one hundred (100) square feet or more lying within one thousand (1,000) feet of a state highway, residence, dairy barn or food handling establishment, where trash, garbage or other waste or scrap material is dumped or deposited without being covered by a sanitary fill.

Duplex: A two-family residential structure. The residential units may be arranged one (1) above the other or be semidetached. The structure may be in a single ownership or each unit may be owned separately. The structure may be on a single lot, or the lot line may split the dwelling as with single-family attached units.

Dwelling, accessory: A dwelling unit that is clearly subordinate to the principal dwelling and which conforms to all of the limits for accessory buildings and structures in a district.

Dwelling, attached; single-family attached: One (1) of three (3) or more residential buildings, each having separate ground floor access, and having a common or party wall separating the dwelling units, such party walls having no openings. For purposes of this definition, living space on the ground floor may include a garage or porch. Includes triplex, quadraplex and townhouse units.

Dwelling, cottage: A detached single-family residential dwelling unit designed and constructed in conformity with the Virginia Uniform Statewide Building Code and occupied by one (1) family only and which is entirely surrounded by open space or yards on the same lot. Except as otherwise specified in this chapter, the term does not include mobile homes. One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Dwelling, mixed use: A structure that contains one (1) or more principal residential dwelling units that are located above one (1) or more principal nonresidential uses that are either permitted as a use by right or approved as a special exception in the underlying zoning district.

Dwelling, multi-family: A building or portion thereof used for occupancy by three (3) or more families living independently of each other in separate dwelling units, which may be located one over the other, including apartment buildings, but not including row or town houses.

Dwelling, single-family; single-family detached: A residential dwelling unit designed and constructed in conformity with the Virginia Uniform Statewide Building Code and occupied by one (1) family only and which is entirely surrounded by open space or yards on the same lot. Except as otherwise specified in this chapter, the term does not include mobile homes. One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Dwelling, temporary: A portable dwelling, but not necessarily attached to a permanent foundation.

Dwelling unit: One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Dwelling, zero lot line: A single-family detached residential dwelling unit designed such that one edge of the structure may abut a side lot line, and thus has only one (1) side yard.

Easement: A grant by a property owner of the use of his land to another party for a specific purpose.

Edge area (of traditional neighborhood district): The area located farthest from the center and core area of traditional neighborhoods. Edge areas contain mainly residential uses, and contain the lowest density uses of the neighborhood.

Electric vehicle charging station, private: A charging station that is classified as an accessory use when provided for the convenience of the residential or non-residential occupant(s) of the parcel, such as residents of dwelling units, non-residential uses that incorporate electric vehicles within their fleet of vehicles or other similar occupant(s) as determined by the zoning administrator, and that is not made available on a retail basis to non-occupant(s) of the parcel.

Electric vehicle charging station, public: A charging station that is classified as a principal use when made available on a retail basis to non-occupant(s) of a parcel.

Electronic message boards: A sign display or device that changes message copy on the sign by means of light emitting diodes (LED), fiber optics light bulbs, liquid crystal display or other illumination devices within the display area.

Embankment: A slope usually associated with a support structure for a road or dam.

Engineer, engineer licensed: A person currently authorized to practice as a professional engineer in the Commonwealth of Virginia by the Commonwealth of Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects.

Equipment rental and leasing, not elsewhere classified: A business primarily engaged in the renting or leasing of equipment, not elsewhere defined in this chapter. On-site business activities typically include an office space for scheduling, showroom, pickup, return of equipment and storage. Equipment can be similar to smaller tools & equipment, electronics, appliances, furniture, party supplies and recreational items.

Erected: Constructed, reconstructed, moved or structurally altered.

Exploration for gas, oil and other minerals: Includes, but is not limited to, drilling, excavation of pits, shafts, or other openings in the ground and the removal of materials therefrom; the conduct of any seismic surveys requiring the drilling of holes and/or detonation of explosives; and the conducting of any other surveys or investigations that change the ground surface.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

FEMA: The Federal Emergency Management Administration.

Farm machinery sales and service: The sale, rental and/or repair of heavy equipment including farm machinery, construction equipment and related items.

Family: One (1) or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants; or two (2) persons living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage or up to eight (8) mentally or developmentally disabled persons living in a residential group home facility.

Fertilizer manufacturing: The manufacture of fertilizer for farm and garden application; may include composting facilities.

Fitness center (and health): An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas. Instruction programs, aerobic classes, and weight control programs may be offered.

Flea market: A commercial use in which various goods, such as antiques, furniture, glassware and novelties, are offered for sale by separate sellers in a booth-type arrangement. Flea markets are characterized generally as a weekend occurrence marked by periodic traffic and on-street parking difficulties.

Floorplate: The horizontal land area occupied by a building at finished grade, including projections and overhangs ("footprint").

Forestry: The use of land for the control and cultivation of trees, conservation and management of the harvesting of trees and the operation of commercial sawmills, loading equipment and administrative offices to transfer the timber product from the field to wood products industries.

Floodplain definitions: Following are the definitions pertaining to article III, division 1, flood hazard overlay district.

Base flood/one-hundred-year flood. A flood that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year).

Base flood elevation (BFE). The Federal Emergency Management Agency designated one-hundred-year water surface elevation.

Basement. Any story of a building having at least half of its height below grade (below ground level) on all sides.

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

Flood. A general and temporary inundation of normally dry land areas.

Floodplain.

(1)

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

(2)

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

Flood-prone area. Any land area susceptible to being inundated by water from any source.

Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduces or eliminates flood damage to lands, water and sanitary facilities, structures and contents of buildings.

Floodway. The designated area of the floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this division, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

Lowest floor. The lowest floor of the lowest enclosed area, including basement.

Subdistrict: One of several defined areas of a flood hazard overlay district that have different probabilities for flooding.

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 include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code requirements which have been identified by the local code enforcement official and which are necessary to assure safe living conditions, nor any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a historic structure.

Floor area, gross: The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term "floor area" shall include basements, elevator shafts and stairwells at each story, floor space for mechanical equipment with headroom of seven feet or more, attic space, interior balconies and mezzanines. The term gross floor area shall not include cellars or outside balconies which do not exceed a projection of six feet beyond the exterior walls of the building. Parking structures and rooftop mechanical structures are excluded from gross floor area.

The gross floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be computed by counting each ten (10) feet of height or fraction thereof as being equal to one (1) floor.

Floor area, net: The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls and from the centerline of walls separating two (2) or more buildings. The term "net floor area" shall include outdoor display areas for sale, rental and display of vehicles, equipment and other products, but shall exclude areas designed for permanent uses such as toilets, utility closets, enclosed parking areas, mechanical equipment rooms, public and fire corridors, stairwells, elevators, escalators, and areas under a sloping ceiling where headroom in at least half of such area is less than seven (7) feet.

Floor area ratio (FAR): A number or percentage, derived by dividing the gross floor area of the buildings on any lot by the total net lot area, as defined herein. The maximum permitted floor area ratio multiplied by the net lot area produces the maximum amount of gross floor area that may be constructed on a lot.

Flyaway barrier: An obstacle like a fence, wall or vegetation used to force bees to fly upwards when they leave the hive.

Footprint, building: (See floorplate).

Frontage: 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 line, as defined and required herein. On irregularly shaped lots that make such a measurable line impossible, the frontage shall be measured along the line that can be drawn so as to best meet the intent of the above definition.

Funeral home or parlor: An establishment used primarily for human funeral services, which may include such facilities on the premises as embalming, performance of autopsies or other surgical procedures and cremation, unless otherwise specified herein.

Garage, private: Accessory building designed or used for the storage of automobiles, sport utility vehicles or similar small trucks per dwelling unit served, such vehicles being owned or leased and used by the occupants of the principal building to which it is accessory, with no facilities for mechanical service or repair of a commercial or public nature.

Garage, commercial: a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling, or storing motor-driven vehicles as a business enterprise. (also see vehicle repair, heavy and vehicle repair, light).

Garden center: (See nursery, retail).

Gasoline station: (See convenience store).

General store, country: A single store, the ground floor area of which is four thousand (4,000) square feet or less and which offers for sale primarily most of the following articles: Bread, milk, cheese, fresh produce, canned and bottled foods and drinks, tobacco products, candy, papers, magazines and general hardware articles. Does not include sales of gasoline or other fuels.

Glare: The sensation produced by lumination within a person's visual field that is sufficiently greater than the lumination to which the eyes are adapted, which causes annoyance, discomfort or loss in visual performance and visibility.

Golf course: 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, as defined herein.

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

Governing body: The Board of Supervisors of Botetourt County, Virginia.

Grain silo, commercial: A structure used for storing grain produced off premises for distribution to final processing plants and markets. Grain silo, commercial, may not be used for the storage of other dry bulk materials such as ores, coal, wood chips, sand, gravel, stone or like products in loose bulk form, manure, or silage.

Green or useable green space: Land used for passive recreational activities that contains mostly turf and landscaped areas, and which may also contain shade trees, walkways, fountains, benches and seating, and other structural elements. Greens may be publicly owned or owned in common open space by a property owners association. Greens are located in prominent areas within a neighborhood, are bounded by streets and/or front building facades, and are spatially defined by adjacent front facades of buildings.

Gross floor area (GFA): (See floor area, gross).

Gross leasable area (GLA): The total area designated for tenant occupancy and exclusive use in a shopping center or commercial building, including storage, retail area, offices, shipping, basements, mezzanines and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

Ground-mounted: Equipment secured in place by attachment to the ground.

Group home: A building used as a family care home, foster home, or group home serving not more than eight (8) mentally retarded or other developmentally disabled persons, not related by blood or marriage, pursuant to Code of Virginia, § 15.2-2291, as amended. Excluded from this definition are drug or alcohol rehabilitation centers, half-way houses and similar uses.

Hardware store: A store primarily engaged in the retail sale of products such as paints, builder's hardware, plumbing and electrical supplies, tools, household wares and appliances, garden and nursery supplies, and animal supplies.

Health department, health official, health officer: The director of the county department of health or his designated deputy.

Heavy equipment: Machinery and vehicles used for construction activities, including tractors, graders, bulldozers, dump trucks, flatbed trucks with boom mechanism, backhoes, front-end loaders, asphalt rollers, boom cranes, and other associated equipment utilized in the construction of roads, highways and other heavy construction-type uses, including trailers used for transporting such equipment. Does not include pick-up trucks or lawn and garden equipment such as riding mowers.

Height, building: The vertical distance measured from the adjoining grade at the front entrance of the building to the top of the building. The top of the building shall be defined as the highest point for flat roofs, and the average height between eaves and the ridge for gable, hip, gambrel and other pitched roofs. 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 building.

Height, structure: When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Heliport: An area, either at ground level or elevated on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing, and take off of helicopters and including auxiliary facilities, such as parking, waiting room, fueling, maintenance, inspections, repairs, avionics and detailing of helicopters.

Home agriculture runs: An enclosed area, attached to a coop or enclosure, in which poultry or domestic fowl are allowed to roam.

Home business: A business activity carried on by the resident(s) of a dwelling and up to two (2) non-resident employees on-site, as a clearly incidental and subordinate use of the residential dwelling, in which the on-site business activity is conducted wholly within the dwelling or accessory buildings, with no exterior impacts such as traffic, parking demand, noise, vibration, glare, odors or electrical interference, and the residential appearance of the dwelling and the character of the neighborhood is maintained, in accord with the provisions of article IV, section 25-435. (Also see home occupation and rural home business).

Home business, rural: A business activity in a rural area, carried on by the resident(s) of a dwelling and up to three (3) non-resident employees on-site, as a clearly incidental and subordinate use of the residential dwelling, in which the on-site business activity is conducted wholly within the dwelling or in accessory buildings and may include the storage of materials and heavy equipment for use off-site, in accord with the provisions of article IV, section 25-435 (Also see home business and home occupation).

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

Home occupation: An occupation conducted in a dwelling unit or accessory buildings in accord with the provisions of article IV, section 25-435. (Also see home business and rural home business). Boardinghouses, short-term rental activities as governed under section 25-434, and private educational institutions shall not be deemed home occupations.

Homeowners association: A formally constituted, private, non-profit association or corporation of property owners for the purpose of owning, operating and maintaining various common properties and/or facilities.

Homestay: An owner-occupied single-family dwelling, or portion thereof, where short-term lodging is provided, with or without meals, for compensation, to transient guests only. Meals may be provided to guests only. Up to four (4) guest rooms may be provided, but the homestay shall be leased exclusively to any one (1) family or group who are obligated by any one (1) contract at one (1) time.

Honeybee: Apis mellifera and genetic variations thereof.

Hospital, sanitorium: An institution providing general health services primarily for human in-patient medical or surgical care for the sick or injured, including related accessory facilities such as laboratories, out-patient departments, training facilities and staff offices that are an integral and essential part of the institution's principal function.

Hotel: A building designed or occupied as the more or less temporary abiding place for individuals who are, for compensation, lodged with or without meals, and in which provisions may or may not be made for cooking in individual rooms or suites. A hotel may include restaurants, taverns or clubrooms, public banquet halls, ballrooms and meeting rooms. A hotel contains a central entrance lobby and does not provide a motor vehicle parking space adjacent to each individual room as does a motel.

Hunting lodge, game preserve: An area of land, with or without limited overnight accommodations, upon which a fee is charged for public or private hunting or fishing and/or upon which game or fish are grown or stocked specifically for hunting or fishing thereon, or for transport to other sites for similar purposes.

Hydrodam generating facility: A facility used for the purpose of generating electrical power from the flow of water in a stream or river.

Impervious surface: Pavement or other ground coverings, such as concrete or asphalt that cause rainfall to generally run-off, rather than penetrate into the soil beneath the surface.

Industrial district: Any district zoned M-1, M-2, M-3, PIP, RAM.

Inoperative motor vehicle: Any motor vehicle which is not in operating condition or which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, battery or other essential parts required for the operation of the vehicle, or on which there are displayed neither valid license plates, nor a valid inspection sticker. This definition shall not apply to vehicles exempted under the provisions of Sections 46.1-42 through 46.1-49, 46.1-119 and 46.1-120 of the Code of Virginia. This definition shall also not apply to vehicles in a public landfill.

Institutional uses: A nonprofit, religious, or public use such as a religious building, library, public or private school, hospital or government-owned or operated building, structure or land used for public purpose.

Junkyard: A lot on which junk material and/or inoperable vehicles are collected, stored, salvaged, exchanged or sold. The term shall include garbage dumps, non-sanitary landfills and automobile graveyards. The term shall not include facilities for the disposal or storage of fuel, chemicals or other hazardous wastes. (Also see dump heap and landfill).

Kennel, commercial: An establishment for keeping, training, breeding, handling, selling, treating or boarding dogs, cats, or other household pets as a business. More than four (4) dogs of six (6) months or greater in age kept upon any lot or premises for a fee or compensation shall be considered a commercial kennel.

Land bay: A distinct area of land clearly depicted on an approved concept development plan for the purpose of generally defining the boundaries of different types and densities of land uses. Boundaries of land bays may be centerlines of existing or planned streets, centerlines of streams or drainage ways, or other lines of convenience, accurate to within three (3) percent of the actual acreage of the land bay.

Land use or use of land: Includes "building use" and "use of building."

Landfill: A facility for disposing of non-hazardous debris, trash or waste on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, to protect the underlying soil and groundwater from contamination and to cover it with a layer of earth at the conclusion of each day's operation, or at such more frequent intervals as may be necessary, and which meets all standards of, and is licensed by, the Virginia State Department of Environmental Quality. This definition excludes hazardous waste landfills, as defined by the state department of environmental quality, but includes landfills that dispose of construction debris, tree stumps and rubble. (Refer also to "junkyard" and "dump heap").

Landscaping: Grass, shrubbery and trees, flowers, walkways, landscaping gravel and appropriate grading, such as to render an aesthetic appearance to the viewer.

Large format retail sales: (See "retail sales, large format".)

Length/width ratio: The ratio of the length of a lot to its width, calculated by dividing the lot depth as defined herein, by the lot width as defined herein.

LED: Light-emitting diode; a semiconductor that gives out light when an electric current is applied to it.

Light fixture, full cut-off: A light fixture (luminaire) designed and constructed in such a manner that all light emitted by the fixture, either directly from the lamp or by a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane.

Light pollution: Light that is directed upward to the sky or reflected from surfaces that interferes with observation or appreciation of the night sky.

Light trespass: Unwanted light that falls beyond the property line of the light source or beyond the area intended to be illuminated.

Livestock: Domesticated animals commonly raised for the purpose of providing meat, wool, skin or fur for human use or consumption, such as cattle, bison, goats, swine, llamas and sheep. (Also see pet, farm)

Livestock raiser, dairy operator, poultry grower: The owner or operator of the livestock, diary or poultry facility, or the land on which such facility is located.

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

Loading space: Any off-street space available for the loading or unloading of goods, not less than fifteen (15) feet wide, twenty-five (25) feet long and fourteen (14) feet high, and having direct usable access to a street or alley, except that, where one (1) such loading space has been provided, any additional loading space lying alongside, continuous to and not separated from the first such loading space need not be wider than twelve (12) feet.

Lot area: The total horizontal area included within the rear, side and front lot lines or proposed street lines of the lot, excluding any streets or highways, whether or not dedicated to public use, but including off-street automobile parking areas and other accessory uses.

Lot area, net: Total lot area less land devoted to public or private street rights-of-way, but including areas designated as for common or natural open space.

Lot area, total: The contiguous land in the same ownership which is not divided by any public roadway, or by any parcel line, including any part of the lot subject to any easement or any purpose other than a public highway or alley, but excluding any part of the lot that is severed from another lot where the severance creates any nonconformity of use or structure. The definition of lot includes the words "plot" and "parcel."

Lot, building: A lot on which a residential or commercial building could legally be built at the time the lot was created.

Lot, conservation: A large residential lot which is created as part of a cluster development and which is placed under permanent conservation easement prohibiting future subdivision and development other than the principal and accessory uses otherwise permitted in the district.

Lot, corner: A lot abutting on two (2) or more streets at their intersection, where the interior angle of the intersection does not exceed one hundred thirty-five (135) degrees. The front, for purposes of setback and other requirements, shall be deemed to be the shortest of the sides fronting on streets. For purposes of regulation, all corner lots shall be designated at the time of subdivision as fronting on a single street, and all yard and building requirements shall be based upon that designation.

Lot, coverage: The percentage of a lot area occupied by the ground floor area of principal and accessory buildings on such lot.

Lot, depth of: The average horizontal distance between the front lot line and the rear lot line, measured along a straight line. Where the average distance is not reasonably possible to calculate due to boundary irregularities, the maximum distance may be used instead.

Lot, interior: Any lot other than a corner lot, but including a through lot.

Lot, pipestem: A lot which meets the required frontage, but which is configured with a panhandle or pipestem portion forming an access corridor to the bulk of the lot which is located behind lots or parcels. (May also be referred to as a flag lot).

Lot, through: An interior lot fronting on two (2) parallel or approximately parallel streets.

Lot, width of: The average horizontal distance between side lot lines, measured in one of the following ways, whichever is most applicable:

(1)

In the case of regular-shaped lots, the width shall be measured along the front lot line;

(2)

In the case of irregular-shaped lots, the width shall be the average distance between the side lot lines, with the average distance to be measured at ten (10) foot intervals beginning at the front lot line;

(3)

In the case of a pipestem lot, the pipestem portion shall not be considered as part of the lot in determining the lot's width;

(4)

In the case of a lot which has a curvilinear front lot line, the width shall be measured along a line tangent to the required minimum front yard line at its midpoint in the lot.

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

Lumber and building supplies sales: A business engaged in both the retail and wholesale sale of products that are essential to the construction of buildings or structures, such as lumber, concrete, bricks, roofing materials, siding, plumbing, electrical, HVAC equipment, solar, windows, doors, and insulation.

Lumen: Unit of luminous flux; used to measure the amount of light emitted by lamps. (Also known as foot-candle).

Major road: A collector or arterial road, as defined herein.

Machinery sales and service: (See farm machinery sales and service).

Manufacture or manufacturing: The processing or converting of raw, unfinished materials or products, or either, into articles or substances of different character or for use for a different purpose.

Manufactured home: (See mobile home).

Medical care facility: A building or portion of a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities; includes physician's and other medical offices.

Mini-warehouse: A "self-storage" warehouse facility containing multiple individual storage units, which can be sold or rented to individual users for storage purposes.

Mobile (manufactured) home, Class A: A multi-sectional manufactured home constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and Safety Standards, promulgated by the U.S. Department of Housing and Urban Development. Manufactured homes are also commonly referred to as "mobile homes" and differ from modular homes as defined herein, in that they do not necessarily comply with BOCA or Virginia Uniform Statewide Building Code standards.

Mobile (manufactured) home, Class B: A traditional single manufactured home ("mobile home") constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and Safety Standards, promulgated by the U.S. Department of Housing and Urban Development. Manufactured homes are also commonly referred to as "mobile homes" and differ from modular homes as defined herein, in that they do not necessarily comply with BOCA or Virginia Uniform Statewide Building Code standards.

Mobile (manufactured) home, Class C: A manufactured home ("mobile home") constructed before July 1, 1976 and consequently does not meet the criteria of a Class A or Class B manufactured home. Manufactured homes are also commonly referred to as "mobile homes" and differ from modular homes as defined herein, in that they do not necessarily comply with BOCA or Virginia Uniform Statewide Building Code standards.

Mobile home park: Lots and parcels of land designed for the temporary or permanent parking and occupancy of two (2) or more mobile homes used for human habitation. The location and operation of these parks are governed by the health laws of the county, the Uniform Statewide Building Code and the provisions of this chapter.

Mobile home subdivision: Lots and parcels of land which have been planned and improved for the exclusive use of mobile homes. These lots will be individually owned by the mobile home dweller and the subdivision shall be planned, designed and approved in accordance with chapter 21 of this Code.

Modular home; modular dwelling: A residential dwelling unit for which the walls, floor and roof structure are built in a manufacturing plant and transported to the site for final assembly on a permanent foundation, and which meets the BOCA and Virginia Uniform Statewide Building Code standards.

Motel; motor lodge: Any group of dwelling units, combined or separated, used for the purpose of housing transient guests, each unit of which is provided with its own toilet, washroom and off-street parking facility.

Natural area: An undeveloped area left in its natural state, with only those improvements necessary for habitat and/or forest management and related access.

Net acre: See definition for "lot area, net".

Net development area: The total area of land in a traditional neighborhood designated for residential, commercial, restricted industrial, civic or open space uses, including alleys but not including public streets or one-hundred-year floodplain.

Nonconforming activity: The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either on January 1, 2002 or as a result of subsequent amendments to this chapter.

Non-incandescent light: Light emitting device operating as a result of being heated to a high temperature, a bright glow.

Nursery, production: A commercial establishment in which nursery stock is grown and propagated for wholesale distribution to retail centers or large users.

Nursery, retail: A commercial establishment for the retail sale of nursery stock, garden equipment, tools, seeds and supplies.

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

Office: The facility in which the administrative activities, record-keeping, clerical work and other similar functions of a business, professional service, industry, or government are conducted, and in the case of professions such as dentists, lawyers or engineers, the facility where such professional services are rendered.

Off-site: "Off-site" describes a location on an area of land which is proximate to a parcel of land defined as "on-site."

On-site: "On-site" shall be construed to be describing location on all or a portion of a parcel of land which is the subject of an application for approval by the board of supervisors, planning commission or board of zoning appeals, and which parcel of land is in single ownership or under unified control.

Opacity: (See visual opacity).

Open space, common: An open tract or parcel of land owned by a property owners association or similar entity, or the public, not devoted to residential uses or structures, but directly related and adjunct to a cluster development, planned development or other use requiring open space, as provided for herein. Common open space shall be open for use by all property owners or residents of the associated development. Public access may be allowed, but shall be required for land area dedicated for public greenway use.

Open space, natural: An open tract, parcel or portion of such land which is owned in undivided interest by a property owners association or similar entity, or the public, and which consists mainly of natural, undisturbed land, with structures, grading and impervious only to the minimal extent necessary for accessing the land for purposes of passive recreational use. Land restricted by a permanent open space conservation easement meets the definition of natural open space for the purposes of this chapter.

Overlay district: A type of zoning district established in this chapter that may be mapped for a particular land area and functions as an additional set of zoning requirements in addition to the zoning requirements of the underlying base district that applies to the tract.

Park or recreation area: Land used for either or both active and/or passive recreational use. Parks may contain landscaped or naturally vegetated areas, recreational buildings and facilities and parking for vehicles. Public parks are open to the public; access to private parks is controlled by the owners. Unlighted parks do not have illuminated courts, fields, parking areas or other facilities. Lighted parks have some areas that are illuminated for nighttime use, subject to special exception conditions as provided in this chapter. A private recreation area does not include miniature golf grounds, golf driving ranges, mechanical amusement devices or accessory uses such as refreshment stands and equipment sales or rentals. (See park, active and park, passive).

Park, active: A park or portion thereof designed and used for active recreational activities such as ballfields, tennis courts, basketball courts, swimming pools and the like.

Park, passive: A park or portion thereof designed and used for passive recreational activities such as hiking, picnicking, camping and the like.

Parking lot, parking area: An off-street, ground level area, usually surfaced and improved, for temporary parking of motor vehicles.

Parking deck, parking garage, structured parking facility: An off-grade structure used solely for the parking of motor vehicles (other than a carport or garage in a residential or agricultural district), but does not include repair, storage, sales or maintenance of vehicles.

Path: A travelway for pedestrians and bicycles but not motor vehicles, connecting various land uses and/or facilities. Paths may border streets and roadways like sidewalks, or they may cross natural areas or other open space areas.

Peak: The uppermost elevation of a land formation within the mountain overlay district which rises at least twenty (20) feet above the surrounding land, as delineated on United States Geologic Survey topographic survey maps.

Pet, farm: A facility in which livestock, farm animals and other animals are kept for public exhibition, viewing and contact, regardless of compensation, and which may include related accessory uses. For the purpose of this ordinance, a pet farm shall not include retail pet stores and kennels.

Pet, household: Small, domestic animals that are customarily kept in the house or residential yard for the company or enjoyment of the owner, such as but not limited to dogs, cats, rabbits, birds, rodents, fish and other such animals that pose no threat, harm or disturbance to neighboring residents or properties.

Photovoltaics: Commonly abbreviated PV, these are materials and devices that absorb sunlight and convert it directly into electricity.

Planning commission: The Planning Commission for Botetourt County, Virginia

Plate capacity: The maximum amount of power a panel could generate based on the nameplates attached to the equipment given in watts.

Plate capacity, total: The cumulative maximum amount of power the solar energy facility could generate based on the nameplates attached to the equipment given in watts.

Playfield: A recreational area which is graded and planted in grass, designed for active field games such as soccer, football and the like, which may be lighted or unlighted in accord with the provisions of this chapter; a ballfield.

Playground: A recreational area which is graded and either planted in grass or paved, or a combination of both, which may have play equipment, and which may be lighted or unlighted in accord with the provisions of this chapter.

Portable storage container: A transportable, fully-enclosed, box-like container that is (i) designed for temporary storage or shipment of items, including, but not limited to, personal property, building materials, equipment or merchandise, (ii) typically rented to owners or occupants of property for their temporary use, and (iii) delivered and removed by truck. Such containers are uniquely designed for their ease of loading to and from a transport vehicle. The term shall not include dumpsters.

Private club: (See club).

Proffer: A development plan and/or written condition which, when offered voluntarily by an owner and accepted by the board of supervisors, becomes a legally binding part of the regulations of the zoning district pertaining to the property in question.

Public access rights: A legal easement or series of easements which grant and guarantee the right of access for emergency and public service vehicles to any given area of right-of-way.

Public entity: A government agency, authority, commission or other body that is funded, managed or controlled by publicly elected or appointed officials.

Public facilities: Any public works supplied generally by a governmental organization. Such public works shall include, but not be limited to: Public roads, schools, water supply and sewer facilities and police and fire protection facilities.

Public utilities: A group of uses which provide essential energy and communication services to the general public. These include, but are not limited to: Electric, natural gas, water and sewer and telephone companies; their distribution and transmission lines; poles and towers; substations, pumping stations and storage facilities. By definition, some of these activities are industrial in nature, although local distribution facilities usually are compatible uses in residential areas.

Public utility, other: A business or service and the facilities and appurtenances thereto, which is engaged in regularly supplying the public with electricity, gas, storm sewer, telephone or cable communications, and other similar public commodities or services to the public at large. Does not include public water or sewer services or facilities, or telecommunications towers. Such utilities may be owned by a county or municipality or other government entity, or may be owned by a private or semi-private company.

Public utility, water or sewer (public water or sewer system): A water or sewer system owned and operated by a municipality or county. Does not include private septic systems and wells serving individual lots. (Also see community water or sewer system).

Public utility plant, other: The central facility for the storage, generation, processing of a public utility commodity, service or product such as electricity, gas, storm sewer, telephone or cable communications, but not including treatment or storage of water or sewerage.

Public utility plant, water or sewer: The central facility for treatment and purification of water or wastewater, as part of a public water or sewer system owned and operated by a county or municipality or other government entity, or by an approved private operator to serve a community area.

Public utility lines, other (distribution and collection facilities): The lines, pipes, pumps and similar facilities, used for transmitting, collecting or distributing the service or commodity to customers. For purposes of regulation and special exception permits, trunk lines that open a new area for service are those that require special exception review, whereas small lines that serve individual customers and are part of the process of completing an approved distribution system do not each require a separate special exception permit.

Public utility lines, water or sewer (distribution and collection facilities): The lines, pipes, pumps, tanks and other appurtenant parts of the distribution/collection facilities of a public water or sewer system. For purposes of regulation and special exception permits, trunk lines that open a new area for service are those that require special exception review, whereas small lines that serve individual customers and are part of the process of completing an approved distribution system do not each require a separate special exception permit.

Public utility substation: An appurtenant structure for collecting, processing or distributing a public utility commodity, including electric substations but not including any part of a water or sewer system.

Quarry: An open excavation usually for obtaining building stone, slate or limestone.

Recreational equipment: Play equipment, including swings, slides, see-saws, sandboxes and the like.

Recreational vehicle: A vehicle which is:

• Built on a single chassis;

• Four hundred (400) square feet or less when measured at the largest horizontal projection;

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

• Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.

Recreational vehicle park: A lot, parcel, or tract of land used, designed, or maintained to accommodate multiple recreational vehicles or travel trailers for the purposes of recreational camping, travel, or seasonal use. A recreational vehicle park does not mean mobile home park as defined herein, nor does it include automobile, trailer, or mobile home sales lots on which unoccupied travel trailers are parked for inspection and sale.

Residential district: Any district zoned RR, R-1, R-2, R-3, PUD or TND.

Restaurant: Any building in which, for compensation, food or beverages are dispensed for consumption within the structure, including, among other establishments, cafes, tea rooms, confectionery shops and refreshment stands, including:

Restaurant, full-service: A restaurant with table service (order placement and delivery on-site) provided to patrons, also including cafeterias; carry-out service, if any, shall be a limited portion of the facility and activity.

Restaurant, limited-service: A restaurant without table service provided to patrons but which may include tables for customers within the building; walk-up counter and carryout trade is a primary portion of the facility; includes fast-food, food delivery, carryout, public snack bars and delicatessens, but not specialty food stores.

Restaurant, drive-in: A restaurant where customers are either served in their vehicles or at a drive through or walk up window or service unit and may or may not also include tables for customers within the building.

Food service provided as part of a bed and breakfast use are not considered a restaurant.

Retail sales, large format: Any building used for retail or related purposes that exceed forty thousand (40,000) square feet in gross floor area, and which may be within or be a part of a shopping center, which may have shared parking areas and vehicular travel ways with other buildings or uses, which may be connected by walkways and access ways to other buildings or uses.

Retail stores and shops: Buildings for display and sale of merchandise at retail or for the rendering of personal service (but specifically exclusive of coal, wood and lumber yards), such as the following which will serve as illustration: Drugstore, news stand, food store, candy shop, milk dispensary, drygoods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.

Road, arterial: A publicly owned and maintained road, designed to carry high volumes of motor vehicles at high speeds, usually requiring four (4) lanes for through traffic and generally planned for restricted or controlled access.

Road, collector: A publicly owned and maintained road generally serving an intra-county and in some cases, an inter-county function. Collector roads carry traffic from local streets to arterial roads. Collector roads may be four (4) lanes but are often two (2) lanes.

Road, local access: A public or privately owned and maintained road with a limited function for through traffic, predominantly providing access to individual lots, and in some cases linking neighborhoods, designed for moderate to low traffic volumes and speeds.

Road, public: A road in the state highway system or the secondary system of state highways, as established in Articles 2 and 6 of Chapter 1 of Title 33.1 of the Code of Virginia.

Roadside stand: A commercial enterprise located adjacent to a roadway in which the merchandise sold is limited to farm and garden products grown by the owner/operator or accessory products produced by the owner/operator such as pottery, baskets and other craft items, with clearly delineated and safe access to the site from the adjacent road.

Roof-mounted: Equipment secured in place by attachment to a new or existing structure's roof.

Roominghouse: (See boardinghouse).

Rural retreat: A private, corporate facility, compatible with the surrounding rural environment, in which training programs, seminars, conferences and related activities are conducted.

Rural Home Business: (See Home business, rural).

Rural Resort: A private establishment consisting of a detached structure or structures located in a rural setting in which lodging is available to transient guests for compensation as the principal use, and which may include conference and meeting facilities, restaurant and/or banquet facilities and/or recreational amenities of a rural nature.

Sanitorium: (See Hospital).

Sawmill: A milling machine used for the processing of timber into wood products; includes chipmills.

Sawmill, temporary: A portable sawmill or chipmill located on a private property for the processing of timber cut only from that property or from property immediately contiguous or adjacent thereto.

Sawmill, small-scale: A sawmill or chipmill that processes timber material only to support the activities of a home occupation use, a home business, a rural home business, or that processes timber material as an accessory use to the on-site agricultural activities of a single farm operator.

School, public: A facility owned by a governmental entity that provides a curriculum of elementary, secondary and/or collegiate academic instruction, including kindergartens, elementary schools, junior high or middle schools, high schools and colleges.

School, private: A facility owned by a private entity that provides a curriculum of elementary, secondary and/or collegiate academic instruction, including kindergartens, elementary schools, junior high or middle schools, high schools and colleges.

School, commercial: A facility for the private instruction of skills or activities not directly related to academic pursuits or employment, which may include dance studio, music studio, gymnastics, craft and/or art studios, exercise studio (not having locker or shower facilities and not required to comply with the Virginia Health Spa Act).

Senior living facilities: This broad category of housing accommodation includes the following types of facilities:

Senior housing facility: A residential facility for independent living, containing dwellings where the occupancy is restricted to persons fifty-five (55) years of age or older or couples where either the husband or wife is fifty-five (55) years of age or older. This does not include a development that contains convalescent or nursing facilities.

Assisted living facility: A residential facility for semi-dependent living, containing two (2) or more dwelling units for four (4) or more persons within which are provided living and sleeping facilities, as well as various other services such as meal preparation, laundry services and the like. Excluded from this definition are drug and rehabilitation centers, halfway houses, homeless shelters, or similar uses.

Life care facility: A facility which may include a full range of living arrangements, for elderly and/or disabled persons, progressing from independent living in single-family units to congregate apartment living where semi-dependent residents share various common facilities and services, to a nursing home facility for dependent residents providing a full range of support services and nursing care. (Also see nursing home).

Setback: The minimum distance by which any building or structure must be separated from the front lot line or other lot lines as may be specified; yard.

Shopping center: A group of commercial establishments planned, developed, owned and managed as a unit and related in location, size and type of shops to the trade area that the unit serves. It provides shared on-site parking in definite relationship to the types of stores. The shopping center may be of three (3) types:

(1)

Neighborhood center: Provides for the sale of convenience goods (food, drugs, sundries, etc.) and personal services (laundry and dry cleaning, barbering, shoe repairing, etc.) for day-to-day living needs of the immediate neighborhood.

(2)

Community center: In addition to the convenience goods and personal services of the neighborhood center, provides a wider range of facilities for the sale of soft lines (wearing apparel, etc.) and hard lines (hardware, appliances, etc.). It makes more depth of merchandise available, variety in sizes, styles, colors and prices.

(3)

Regional center: Provides for general merchandise, apparel, furniture and home furnishings in full depth and variety. It is built around one (1) or more full-line department stores as the major drawing power.

Shooting range: An establishment at which patrons may use firearms for target practice or competitions, at fixed targets in a protected area, either indoors or outdoors.

Shrub: An evergreen, multi-trunked, woody plant that typically attains a mature height of not more than ten (10) feet.

Sidewalk: A paved walkway for pedestrians that fronts and parallels a street or roadway.

Sign: Any device or display of any letters, words, numerals, figures, emblems, pictures, trademark, symbol, flag, banner, pennant or any parts or combinations thereof, by any means whereby such 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 natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one (1) square foot in area not having commercial purpose is excluded from this definition. Detailed definitions of sign types and related terms are contained in detailed sign regulations at article IV, division 2. The following words, terms and phrases pertaining to signs, when used in this chapter, shall have the meanings ascribed to them:

Banner: Cloth, paper, or material of any kind intended to attract attention to the same parcel where the activity is occurring or service is available.

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

Moving (animated): Signs which involve the use of motion, rotation, or the appearance of motion.

Sign background: The surface on which a sign is affixed, not meant to include the base, poles, pedestals, walls, or fences under three (3) feet, six (6) inches in height; which background is determined by computing the entire area within a single geometric form that encloses the background.

Sign lighting:

(1)

Direct. A direct lighted sign shall mean a sign illuminated internally or on the surface of the sign itself.

(2)

Indirect. An indirect lighted sign shall mean a sign that is illuminated from a source separate from the sign.

(3)

Backlit: A sign lit from inside the sign in which the entire sign face is illuminated, rather than only the images and letters.

Sign structure: The supports, uprights, bracing and framework of any structure be it single-faced, double-faced, V-type or otherwise, exhibiting a sign. Sign structures shall be of sound construction and shall be maintained in a reasonably good state of repair.

Sign, bulletin board: A sign presenting the name, time or date of meetings and related information.

Sign, business: A sign which directs attention to a business, profession, product, service or activity conducted, sold or offered on the premises where such sign is located.

Sign, business identification: A sign which identifies or otherwise describes the name, ownership or location of the lot or parcel of land upon which it is situated.

Sign, construction: A temporary sign identifying those engaged in construction of any building site.

Sign, direction/location sign: A sign displayed for the direction or convenience of the public identifying restrooms, entrances, exits and so forth.

Sign, directory: A sign on which the names and locations of occupants or the uses of a building or group of buildings is given along with a location of the business or service.

Sign, double faced: A sign with two (2) faces parallel to each other and containing an identical message and not located more than twenty-four (24) inches from each other or being a V-shaped sign with the interior angle of the two (2) faces not exceeding ninety (90) degrees.

Sign, farm: A sign erected or maintained on any farm by the owner or tenant of such farm and relating solely to farm or horticultural produce, livestock or services sold, produced, manufactured or furnished on such farm.

Sign, flashing: A sign on which artificial light is not kept constant in intensity at all times when in use. Illuminated signs which indicate public service information, such as time, date, temperature, weather, shall not be considered flashing signs.

Sign, freestanding ground mounted: Any sign which is supported by structures or supports in or upon the ground and independent of any support from any building, not a pole sign.

Sign, freestanding monument: Any nonmovable sign supported by a fence, retaining wall, or by upright structural members or braces on or in the ground and not attached to nor printed on a building.

Sign, freestanding pole or pole-mounted: A sign that is mounted on one (1) or more freestanding poles or similar columnar supports with greater than thirty (30) inches of clearance from the ground to the bottom of the sign.

Sign, home occupation: A home occupation sign directs attention to a home occupation on the premises, but which home occupation is clearly a secondary use of the dwelling.

Sign, kiosk: A three (3) or more sided freestanding structure located within a pedestrian circulation area in commercial districts and used for the posting of notices and locational information but not for commercial advertising.

Sign, marquee: A sign attached to and made a part of a marquee or any similar projections from a building, with changeable, fixed or both types of lettering in use.

Sign, monument: A freestanding ground mounted sign built on grade and attached to a continuous structural base, which base shall be no less than half the width of the message portion of the sign and shall be permanently affixed to the ground. Monument signs shall not include freestanding signs supported by poles.

Sign, neon: Signs made of continuous luminous tubes containing neon or other inert gases that glow brightly when high voltage is applied.

Sign, nonshielded illumination: A light source of which the bulb or light source is visible to a motorist, pedestrian or first floor window from off of the property on which the light is located.

Sign, outdoor advertising (includes billboards): Any off-premises sign.

Sign, portable: Any sign not permanently affixed to the ground nor to a structure, including any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, product, service, or entertainment. Any such vehicle shall, without limitation, be considered to be used for the express purpose of advertising if it fails to display current license plates, inspection sticker, municipal decal or if evidence of paid-to-date local taxes can not be made available.

Sign, projecting wall mounted: Any sign, other than a wall or marquee sign, which is permanently affixed to a building and is supported only by the wall on which it is mounted.

Sign, real estate: Any sign which is used to offer property or structures for sale, lease or rent and located on the premises being offered.

Sign, residential: A sign which identifies the name of a residential project. The message content shall be limited to the name of the subdivision.

Sign, residential identification: A sign which identifies or otherwise describes the name, ownership or location of the lot or parcel of land for individual single family dwellings, duplexes and townhouse complexes.

Sign, rooftop: Any sign or portion of a sign so erected or affixed to a building as to extend above the lowest point of the roof level of a building.

Sign, temporary: Any sign not permanently attached to a structure nor permanently mounted in the ground, which can be transported to other locations. Such signs may include, but are not limited to, paper or poster signs, or other moveable signs.

Sign, wall: Any sign attached to a wall or painted on or against a surface of a structure that is designed and used for human occupancy, which sign displays only one (1) advertising surface and which extends not more than eighteen (18) inches from the wall.

Sign, window: Any sign attached to or applied directly on to the inside or outside surface of a window or any sign visible from a public right-of-way through a window but no more than two (2) feet from the window surface.

Sight distance triangle: An area of unobstructed sight distance along both approaches of an entrance. This area shall be defined as being fifteen (15) feet along both approaches, when measured from the inside corner of the intersection, at the point closest to the center of that intersection, then connecting those measured points creating a triangle.

Site plan: A detailed, engineered drawing of the full proposed development of a site, including location, design and dimensions of grading, buildings, parking, streets, sidewalks, utilities, plantings, fences, etc.

Slaughterhouse: A place where livestock is slaughtered and cut into pieces and/or packed for shipping off-site.

Solar array: Groups of solar panels.

Solar energy equipment: Any personal property designed and used primarily for the purpose of collecting, generating, or transferring electric energy from sunlight.

Solar energy facility: All solar energy equipment on a parcel to include buildings.

Solar energy facility, minor-scale: An onsite solar energy conversion system with a plate production capacity not exceeding five (5) megawatts DC. Minor-scale solar energy conversion systems generally reduce onsite consumption of utility power for civic, commercial, agricultural and industrial applications. Excess power may be sold to a utility. Solar energy facilities, minor-scale include ground-mounted and roof-mounted equipment.

Solar energy facility, small-scale: An onsite solar energy conversion system with a plate production capacity not exceeding forty (40) kilowatts DC. Small-scale solar energy systems generally reduce onsite consumption of utility power for agricultural and residential applications. Small-scale solar energy facilities must be in connection with, and incidental and subordinate to, a permitted principal use or structure and in compliance with all other provisions of this chapter.

Solar energy facility, utility-scale: A solar energy conversion system with a plate production capacity of more than five (5) megawatts DC, to be sold to a utility. Such facilities interconnect with an existing electrical grid serving other facilities which are not adjacent or under common use, ownership or control.

Solar panel: Single panel of a solar array.

Solid waste collection point: (See recycling facilities).

Solid waste management facilities: This broad category of facilities includes the following types:

Convenience centers: A facility that is staffed during set operating hours for the collection and temporary storage of solid waste from individual property owners. Convenience centers can be accessory to solid waste transfer stations.

Materials recovery facility: A specialized facility that receives, separates, and prepares recyclables for sale to manufacturers as raw materials for new products.

Public recycling collection point: Designated receptacles or containers that serve as a public drop-off point for temporary storage of residential recyclable materials such as certain glass, plastic, metal and paper products authorized to be placed in recycling containers.

Recovered material: Those materials that have known current use, reuse, or recycling potential, which can be easily used, reused, or recycled, and which have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling.

Recovered material processing facility: Any facility that transforms or remanufactures waste materials into usable or marketable materials for use other than disposal or incineration.

Transfer station: Any solid waste storage or collection facility where solid waste is transferred from collection vehicles to haulage vehicles for transportation to a central solid waste management facility for disposal, incineration or resource recovery.

Special events facility: A place, structure, or other facility used for the assembly of or intention of attracting people for cultural, ceremonial, or celebratory purposes for which there is a leasing fee. Such assembly includes, but is not limited to, anniversary and birthday celebrations, reunions, weddings and receptions. This definition does not include private parties or private functions that do not meet the above stated criteria. Special events are considered an accessory use to farm wineries, breweries, bed and breakfasts, commercial recreational uses, rural resorts, rural retreats, cabin or cottage resorts, churches, civic clubs, country clubs, golf courses, property owned by Botetourt County, and institutional uses. Special events facilities do not apply to music or entertainment festivals as defined by chapter 3, article IV, outdoor musical or entertainment festivals of the Botetourt County Code.

Square: Land for passive recreational use that contains paved pedestrian plazas, lawns, shade trees and/or landscaped areas, and may contain benches and seating areas. Paved pedestrian plazas may cover up to ninety (90) percent of the square. Squares may be publicly owned or owned in commons by a property owners association. Squares are not required to be square or rectangular in shape. Squares are located in prominent areas within a neighborhood, are bounded by streets, and/or front building facades, and are spatially defined by adjacent front facades of buildings.

Stable, commercial: An establishment where horses or ponies are kept, maintained and/or boarded for a fee, or in connection with which saddle horse or ponies are rented to the general public, made available to members of a private club, or boarded for the convenience of their absentee owners. Exercise rings and show rings shall be considered accessory uses to a stable.

Steep slope: Any land area in which the original grade of the land is equal to or greater than twenty-five (25) percent.

Storage yard: A yard area in which materials, equipment and/or vehicles used for construction, excavating or similar activities are stored, kept and/or maintained. Storage yards may be partially covered, enclosed or screened.

Story: That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it, or the space between the floor and the ceiling next above it.

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

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

Structural alteration: Any change, modification, addition or deletion to an existing structure.

Structure: An assemblage of materials constructed or built for use, occupancy or ornamentation and installed on or above the surface of the land or water, including buildings, towers, tents, platforms, signs, bridges, railways, and the like, but not including paved surfaces such as roads, driveways and sidewalks, nor landscaping features such as berms, fences and retaining walls.

Structured parking facility: (See "parking deck").

Sub-district: (Also refer to floodplain definitions). One of several defined areas of a flood hazard overlay district that have different probabilities for flooding.

Subdivision: Division of any tract, parcel or lot of land, into two (2) or more parts, at one (1) time or any extended period of time, for the purpose of transfer of ownership or building development.

Surveyor or surveyor, licensed: A person currently authorized to practice as a land surveyor in the Commonwealth of Virginia by the Commonwealth of Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects.

Swarming: the process where a queen bee leaves a colony with a large group of worker bees.

Telecommunication facility: Any structure used for the purpose of supporting one (1) or more antennas or microwave dishes, including self-supporting lattice towers, guy towers, or pole towers. The term includes radio and television transmission towers, alternative antenna support structures such as buildings and rooftops, and other existing support structures. Additional definitions include:

(1)

Alternative tower structure: Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

(2)

Antenna: Any exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of electromagnetic waves, provided that this definition shall not be interpreted to include an antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less in diameter; or an antenna that is designed to receive video programming services via multipoint distribution services; including multichannel, multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is one (1) meter or less in diameter or diagonal measurement; or an antenna that is designed to receive television broadcast signals.

(3)

FAA: The Federal Aviation Administration.

(4)

FCC: The Federal Communications Commission.

(5)

Height: When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

(6)

Telecommunication facility: Any structure used for the purpose of supporting one (1) or more antennas or microwave dishes, including self-supporting lattice towers, guy towers, or pole towers. The term includes radio and television transmission towers, alternative antenna support structures such as buildings and rooftops, and other existing support structures.

Telecommunication facility, freestanding: A structure that stands alone for the sole purpose of supporting antennas, dishes and other such telecommunications equipment.

Telecommunication facility, attached: A structure or building whose main purpose is to support or house other uses, and to which antennas, dishes and other such telecommunications equipment is attached so as to avoid constructing a freestanding tower.

Temporary family health care structure: A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be required or allowed.

Theatre, indoor: A building designed or used primarily for the commercial exhibition of motion pictures to the general public or used for the performance of plays, acts and dramas by actors and actresses.

Temporary use: (See use, temporary).

Townhouse: (See dwelling, single-family attached).

Tract: One (1) or more contiguous lots or parcels.

Trail: (See path).

Trailer, tractor and/or semi: A detachable trailer typically used for hauling commercial freight, having its forward end supported by the rear of its truck tractor when attached.

Trailer, travel: A vehicle designed to provide temporary living quarters for recreational, camping, or travel use of such size or weight so as not to require a special highway movement permit when towed by a consumer-owned tow vehicle. Does not mean mobile home. See also: recreational vehicle.

Transitional area: The area of a traditional neighborhood adjacent to the core area that provides a transition of development intensity between the core and the edge areas.

Trash heap: (See dump heap).

Tree: A single perennial woody stem plant attaining a height of ten (10) feet or more at maturity, including the following:

Tree, canopy: A deciduous tree, usually single trunked, with a definitely formed crown of foliage and which attains a mature height of at least thirty (30) feet.

Tree, understory: A deciduous or evergreen tree, which attains a mature height of no greater than thirty (30) feet. Understory trees usually prefer shade and grow naturally under the canopy of larger trees.

Tree, evergreen: A non-deciduous or coniferous tree, with dense foliage, often used for the purposes of screening, wind break or accent planting.

Tree, deciduous: Trees that shed their leaves annually, usually in autumn.

Truck complex: An intensive use of such nature that is best located in an industrial use district. This use is characterized by numerous facilities for the personal convenience and comfort of truckers, such as room accommodations, full restaurant facilities and game rooms, as well as facilities for refueling and major truck repair. Other characteristics include: Twenty-four (24) hour operations, noise, glare and heavy traffic volume.

Truck stop: A heavy commercial activity located in proximity to major highway routes or interchanges. This use is characterized by restaurant facilities and facilities for refueling and minor repair.

Truck terminal: An industrial premises which is used for loading or unloading trucks upon which storage of cargo is incidental to the primary function of motor freight shipment or shipment point, and which is designed to accommodate the simultaneous loading or unloading of five (5) or more trucks.

Trucking company: An industrial premises used for parking or storage of trucks and trailers whose primary function is motor freight shipment. Does not include loading or unloading of trucks on-site or the warehousing of cargo.

Use, principal: The primary use, activity and purpose for which a lot or main building thereon is designed, arranged or intended and for which it is or may be used, occupied or maintained. The terms main and principal have the same meaning in this chapter when referring to structures, buildings and uses. Only one (1) principal use is permitted per lot.

Use, accessory: A use that is clearly incidental and subordinate to and customarily found in connection with the principal use; and serves a principal structure or use; and is located on the same lot as the principal use; except as may be provided for under the provisions for off-street parking.

Use, temporary: A use or activity that occurs for a period of no more than thirty (30) consecutive days, such as fairs, carnivals and weddings.

Used: Erected, reconstructed, altered, placed or moved.

Vehicle repair, heavy: A business use having buildings (including accessory buildings) which are designed and used to repair automotive vehicles. The extent of service performed may include body and fender repair, painting, engine overhaul, major mechanical work, and light vehicle repair. Noise, glare, fumes and smoke are common characteristics of heavy vehicle repair facilities.

Vehicle repair, light: Buildings and premises including no more than (3) three interior service stalls, wherein the primary use is the supply and replacement at retail of oil, batteries, tires and motor vehicle accessories, and where in addition, the minor maintenance services may be rendered and sales made, such as oil changes, chassis lubrication, brake replacement and repair, muffler replacement, washing and polishing and the like; sales of cold drinks, packaged foods and similar convenience items, but only when such sales are conducted inside the principle building as accessory and incidental to the principle use. Permissible uses do not include major mechanical and body work, painting, welding, or other work involving noise, glare, fumes, smoke or other impacts to an extent greater than normally found at heavy vehicle repair facilities.

Video game room/arcade: Consists of more than three (3) video games or other such electronic amusement games which constitute the primary business of the establishment.

Visual opacity: A measure of the extent that objects are visible to the naked eye through a buffer, screen, fence or other visual barrier.

Warehouse: A structure used for the storage of goods for future distribution.

Warehouse, mini: (See mini-warehouse)

Wind energy system: A facility or project that generates electricity from wind and consists of one (1) or more wind turbines and other accessory structures and buildings, including substations, post-construction meteorological towers, electrical infrastructure, and other appurtenant structures and facilities within the boundaries of the site. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines. Detailed definitions of wind energy systems and related terms are contained in wind energy systems regulations at article IV, division 1. The following words, terms and phrases pertaining to wind energy systems, when used in this chapter, shall have the following meanings ascribed to them:

Operator: The company or individual responsible for the overall operation and management of the wind energy system.

Owner: The company or person who owns all or a portion of a wind energy system.

Participating landowner: A person who owns real property under lease or other property agreement with the owner or operator of a wind energy system.

Rated capacity: The maximum capacity of a wind energy system based on the sum total of each turbine's nameplate capacity, which is typically specified by the manufacturer with a label on the turbine equipment.

Shadow flicker: The visible effect that occurs when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.

Temporary meteorological tower (MET) or wind monitoring tower: A free-standing tower equipped with instrumentation, such as anemometers, designed to provide real-time data pertaining to wind speed and direction, and used to assess the wind resources at a particular site.

Tower: Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment. This includes a structure on which a wind turbine is mounted, or on which anemometers and other instrumentation are mounted in the case of MET towers.

Variance means, in the application of this chapter, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the 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 ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or a conditional zoning.

Wind energy system, utility-scale: A wind energy system with a rated capacity of one (1) megawatt (MW) or greater that generates electricity from wind, and consists of one (1) or more wind turbines and other accessory structures and buildings, including substations, post-construction meteorological towers, electrical infrastructure, and other appurtenant structures and facilities within the boundaries of the site. Two (2) or more wind turbines otherwise spatially separated but under common ownership or operational control, which are connected to the electrical grid under a single interconnection agreement, shall be considered a single utility-scale wind energy project.

Wind turbine: A device that converts wind energy into electricity through the use of a wind turbine generator. A wind turbine typically consists of a tower, nacelle, rotor, blades, controller and associated mechanical and electrical conversion components.

Wind turbine height: The vertical height of a wind turbine as measured from the existing grade to the highest vertical point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.

Workplace area of traditional neighborhood: An area in which industrial, commercial, civic and open space uses may be located.

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

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

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

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

The front, rear and side lines or points of buildings refer to those portions of the building that are nearest to the specified lot line; it does not refer to the "front" or "rear" in terms of the architectural design or orientation of the building.

Zero lot line dwelling: (see dwelling, zero lot line).

(Res. of 1-1-02, art. VI; Res. No. 03-04-12, 4-15-03; Ord. No. 05-02-14, 2-22-05; Res. No. 07-02-15, 2-27-07; Res. No. 07-04-14, 4-24-07; Res. No. 08-04-16, 4-22-08; Amd. of 10-28-08(3); Res. No. 11-10-10, 10-25-11; Res. No. 13-02-11, 2-26-13; Res. No. 13-03-12, 3-26-13; Res. No. 13-04-18, 4-23-13; Res. No. 13-10-14, 10-22-13; Res. No. 14-05-12, 5-27-14; Res. No. 14-05-19, 5-27-14; Res. No. 14-11-21, 11-25-14; Res. No. 15-06-18, 6-23-15; Res. No. 15-12-13, 12-17-15; Res. No. 16-05-14, 5-24-16; Res. No. 16-05-15, 5-24-16; Res. No. 16-05-16, 5-24-16; Res. No. 16-05-17, 5-24-16; Res. No. 16-12-15, 12-22-16; Res. No. 17-04-16, 4-25-17; Res. No. 17-11-09, 11-28-17; Res. No. 18-11-11, 11-27-18; Res. No. 19-01-16, 1-22-19; Res. No. 21-03-15, 3-23-21; Res. No. 22-03-10, 3-22-22; Res. No. 22-03-11, 3-22-22; Ord. of 5-23-23(1); Ord. of 5-23-23(2); Ord. of 7-17-23(1); Ord. of 7-17-23(2); Ord. of 2-27-24; Res. No. 24-04-11, 4-23-24)