The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words and terms not herein defined shall have the meaning customarily assigned to them. Words used in the present tense include the future tense; the singular includes the plural, and the plural the singular; the word "shall" is mandatory; the word "may" is permissive:

Accessory building, structure, or use means a use or structure which is clearly subordinate and customarily incidental to the main use or structure; is of a character related to the principal use; and is located upon the same lot occupied by the main use or structure. Structures attached to the main building shall be considered part of the main building. Definition includes accessory dwelling as regulated in 50-134. For floodplain management purposes relevant to Division 5 of this chapter, an accessory structure means a structure that is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure and are considered walled and roofed where the structure includes at least two outside rigid walls and a fully secured roof; an accessory structure specifically excludes structures used for human habitation.

Adult establishment means any one of the following sexually-oriented businesses:

(1)

Adult bookstore, video store, or retail store in which a significant portion of the stock contains depiction or description of specified sexual activities or specified anatomical areas, or instruments or devices designed for use in connection with specified sexual activities and which limits customers to persons over 18 years of age;

(2)

Adult movie theatre (either outside or inside) or inside arcade in which a substantial portion of the motion picture, video, or other photographic images shown, whether for group or individual viewing, is devoted to the showing of material which is characterized by an emphasis on the description or depiction of specified sexual activities or specified anatomical areas;

(3)

Adult model studio which is open to the public where, for any form of consideration or gratuity, one or more nude or semi-nude individuals pose for sketching, drawing, painting, sculpture, photography, or other artwork by persons other than the proprietor, excluding any school of art which is fully accredited under the Code of Virginia to issue diplomas;

(4)

Adult night club, cabaret, or similar establishment which features on a regular basis live performances of individuals who are nude or semi-nude. For purposes of this provision, more than one performance in a 30-day period shall be deemed to be an adult entertainment establishment. For purposes of this provision, seminude shall mean exposure of specified anatomical areas. The definition shall not apply to legitimate theatrical performance where nudity or semi-nudity is only incidental to the primary purpose of the performance. A finding by the zoning administrator that sexually-oriented films predominate or that a predominant number of films are restricted to adults shall be presumed to be correct unless the subject owner or operator rebuts the presumption by clear and convincing evidence.

(5)

Adult massage parlor where for any form of consideration or gratuity, a massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment of manipulation of the human body occurs as a part of or in connection with specified sexual activities or where any person providing such treatment, manipulation, or service related thereto, exposes any of his or her specified anatomical areas.

For purposes of this article, "specified sexual activities" is defined as human genitals in a state of stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; and fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts. For purposes of this article, "specified anatomical areas" is defined as the following when less than completely or opaquely covered, human genitals, pubic regions, buttocks, female breast below a point immediately below above the top of the areola, and human male genitals in a discernably turgid state, even if completely covered or opaquely covered.

Agricultural production means the tilling of soil, raising of crops, horticulture, aquaculture, hydroponics, forestry, gardening, livestock and fowl keeping and breeding, beekeeping, and the production of natural products with resources primarily derived from the land upon which it is produced. Agricultural accessory uses as specified and allowed in § 50-136 and elsewhere in this article are excluded.

Alley means any public or private way set-aside for public travel, 20 feet or less in width, which provides a secondary means of vehicular access to abutting lots and not intended for primary access and general traffic circulation.

Amateur radio tower means a structure which is owned and operated by a federally licensed amateur radio station operator, and upon which an antenna is installed for the purpose of transmitting and receiving non-commercial radio signals.

Animal hospital or clinic means a place for the medical treatment and care of animals under direction of a licensed veterinarian and including short-term boarding and pet grooming services as accessory uses.

Art studio or gallery means a building used for the display and/or sale of artists' work including drawings, paintings, pottery, photography, and other art works, in addition to artists' working space.

Assisted living facility means an establishment that provides housing for senior citizens that need assistance with daily activities and personal care, but do not required skilled nursing care offered by a nursing home. May provide a continuum of services depending on the resident's needs and such facility may be located in conjunction with either more independent living housing units and/or skilled nursing or rehabilitation services.

Automotive repair means an establishment where the following services may be carried out means general repairs and maintenance, engine rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair, painting and undercoating of automobiles and trucks. Outdoor storage of automotive parts or more than five salvage vehicles shall not be permitted unless they are screened so they are not visible from any street, highway or adjoining property.

Automotive sales and leasing means a place where new and used automobiles, trucks, vans, motorcycles, or recreational vehicles are displayed for sale or lease, including warranty repair work and other major or minor repair service conducted as an accessory use.

Automotive services and parts sales means a place where minor automotive repair and maintenance services are done, including lubrication, changing oil and filters, changing and repair of tires and tubes, engine tune-up, and hand washing and polishing without automatic equipment. Includes also establishments in which the retail sales of components and accessories for automobiles and trucks is the primary activity and installation of parts is an accessory use. Does not include major engine and body repairs or the outside storage of automotive parts and salvage vehicles.

Base flood means a flood having a one percent change of being equaled or exceeded in any given year.

Base flood elevation means the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. For purposes of this chapter, the base flood is the one percent annual chance flood.

Basement means any area of the building having its floor sub-grade (below ground level) on all sides.

Bed and breakfast means a dwelling unit occupied by the owner that provides up to five bedroom accommodations for overnight guests rented at a daily rate and where breakfast is typically the only meal served to guests.

Building means a combination of any materials, whether portable or fixed, having a roof to form a structure for the use or occupancy by persons or property. The word "building" shall be construed as though followed by the words, "part, or parts thereof" unless the context clearly requires a different meaning.

Business or trade school means a specialized instructional establishment that provides training of business, professional, or trade skills and that is typically offered by a private entity. This definition excludes similar instructional services offered by public schools and incidental instructional services in conjunction with another principal use.

Business support services means services rendered for a fee or by contract to other business establishments, including advertising, mailing, building maintenance, personnel and employment services, management and consulting services, protective services, equipment rental and leasing, copying and printing, office supply, computer services, and other similar services.

Cabin means a small dwelling built and designed for temporary, recreational use as a part of an overnight recreational development.

Campsite means a designated plot of ground within a campground or recreational vehicle park intended for the occupancy of camping tents or recreational vehicles.

Cannabis dispensing facility means a facility that: (1) has obtained a permit from the board of pharmacy pursuant to Code of Virginia, § 54.1-3442.6; (2) is owned, at least in part, by a pharmaceutical processor; and (3) dispenses cannabis products produced by a pharmaceutical processor to a registered patient, his registered agent, or, if such a patient is a minor or an incapacitated adult as defined in Code of Virginia, § 18.2-369, such patient's parent or legal guardian. This use shall be prohibited within 500 feet from any public or private school and any public, licensed day care center. The distance shall be measured from front door to front door.

Car or truck wash, automated means an establishment in which automatic equipment is employed for the cleaning of motor vehicles and vehicles drive inside a building to be washed. Retail sales of car care products may be an accessory use. A car or truck wash facility that is manually-operated is included in the definition of "automotive services and parts sales."

Casino gaming or game means baccarat, blackjack, twenty-one, poker, craps, dice, slot machines, roulette wheels, Klondike tables, Mah Jongg, electronic table games, hybrid table games, punchboards, faro layouts, numbers tickets, push cards, jar tickets, or pull tabs, or any variation of the aforementioned games, and any other activity that is authorized by the board as a wagering game or device under this chapter. "Casino gaming" or "game" includes on-premises mobile casino gaming.

Casino gaming establishment means the premises, including the entire property located at the address of the licensed casino, upon which lawful casino gaming is authorized and licensed as provided in this chapter. "Casino gaming establishment" does not include a riverboat or similar vessel.

Casino gaming operator means any person issued a license by the board to operate a casino gaming establishment.

Catering services means the use of land or building where food and/or beverages are prepared on the premises and delivered to another location for consumption. Does not include catering services that may be provided as an accessory activity by a restaurant or grocery store.

Cemetery means any land or structure used or intended to be used for the interment of human or pet remains.

Certificate of appropriateness means an approval for demolition or relocation issued by the planning commission for any officially designated historic landmark or contributing structure in an established historic district.

Children's residential facility means any facility, child-caring institution, or group home that is state-licensed and maintained for the purpose of receiving children separated from their parents or guardians for full-time care, maintenance, protection and guidance, or for the purpose of providing independent living services to persons between 18 and 21 years of age who are in the process of transitioning out of foster care.

Civic, social, fraternal club meeting facility means an establishment providing meeting, recreational, or social facilities for a nonprofit association, primarily for use by members and guests of youth organizations, fraternal organizations, and other similar groups.

Clinic, medical. See Office, medical.

Clinic, methadone or other drug recovery means a medical facility that dispenses controlled substances as permitted by state and federal law to treat drug addiction.

College or university means an educational institution other than a business or trade school that provides post-secondary learning and may include classrooms, auditoriums, athletic facilities, cafeterias, residential dormitories, and other related uses normally found on a college campus.

Commercial vehicle/heavy equipment repair means repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment. Typical uses include truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted.

Communication services means an establishment containing one or more broadcasting studios for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording of musical performances, radio or television programs, or motion pictures. Term does not include wireless communication facilities or transmission towers.

Community center means a building used for recreational, social, educational and cultural activities, open to the public, owned and operated by a public or private non-profit group, or for profit group or agency.

Community garden means any land or rooftop area used for the cultivation of herbs, fruits, flowers, vegetables or ornamental plants by more than one person, household or a non-profit organization for personal or group use, consumption or donation.

Conference or convention center means a facility which is used for conference and seminars by service and professional organizations and business groups and may include overnight accommodations and restaurants primarily for conference attendees.

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

Construction yard means [an] establishment or place of business primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's offices and storage yards.

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

Custom manufacturing means establishments engaged in the indoor production of specialty goods that are sold retail on the premises and are manufactured using only hand tools or mechanical equipment with no noise or odors impacting neighboring properties. Limited to no more than five persons employed in the manufacturing process. Examples include: Jewelry or apparel making, furniture refinishing, specialty iron craft, and pottery making limited to only one kiln on-site.

Dance or music studio means a building used for the instruction, rehearsal and performance of dance or music. This may include but not be limited to music recording, production and mixing.

Data or call center means an establishment where electronic data is processed by employees, including data entry, data storage, data compilation or analysis, transaction processing, telephone and internet sales, or customer service operations. The term does not include general business services or offices associated with retail, wholesale, institutional, or manufacturing activities located on the same site.

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

Development means for floodplain management purposes relevant to division 5, any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, temporary structures, the placement of manufactured homes or industrialized building units, paving, utilities, filling, grading, excavation, mining, dredging, drilling, or other land-disturbing activities or permanent or temporary storage of equipment or materials.

Dwelling means any building or portion thereof which is designed for use for residential purposes, but not including rooming houses, hotels, motels, or other structures designed for transient occupancy.

Dwelling, multiple-family means a residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided. The definition includes low and high rise apartments as well as condominium dwellings that may be individually owned.

Dwelling, single-family (detached) means a site built or modular building designed for or used exclusively as one dwelling unit for permanent occupancy, which is surrounded by open space or yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means.

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

Dwelling, two-family, means a single residential building containing two dwelling units, designed for occupancy by not more than two families each with separate living space and at least one shared common wall.

Dwelling unit means a house or apartment containing cooking, bathroom, and sleeping facilities and constituting a separate, independent housekeeping unit, physically separated from any other dwelling unit in the same structure.

Elderly care facility means a properly licensed facility, other than a group home as defined herein, that may provide 24-hour medical care for disabled persons, primarily senior citizens, or may provide personal assistance for daily living, or both of these along with food services, activities, housekeeping assistance, and other support services, and which contains individual rooms or dwelling units within the facility. Definition includes nursing home, assisted living facility, and independent living units, or any combination of these uses.

Equipment sales and rental means an establishment primarily for the sales and rental of tools, lawn and garden equipment, construction equipment, agricultural or similar industrial equipment, including incidental equipment storage and servicing.

Family means one or more persons related by blood, adoption, or marriage, living together as a single housekeeping unit, as distinguished from a group occupying a rooming or boarding house. A number of persons not exceeding four, living together as a single housekeeping unit, though not related by blood, adoption, or marriage, shall be deemed to constitute a family, as shall a foster care home approved by the state.

Family day care home means a single-family dwelling in which more than four but less than 13 children, exclusive of the provider's own children and any children who reside in the home, are provided care during only part of a 24-hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall also not be counted towards this total. A single-family dwelling in which care is provided to one to four children (exclusive of the provider's own children, those that reside in the dwelling or are related by blood, legal adoption, or marriage to the person who maintains the home) shall be considered the same as residential occupancy by a single-family.

Farmer's market means a market that sells farm products or value-added farm products directly to the general public.

Financial institution means any establishment where the principal business is the receipt, disbursement, or exchange of funds and currencies, such as banks, savings and loans, credit unions, trust companies, investment firms, automatic teller machines, or other lending establishments.

Flea market means a building in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various individuals to sell either new or used articles. Does not include any outside sales or yard sales which are considered temporary uses.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Flood insurance study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Floodplain or flood-prone area means any area susceptible to being inundated by water from any source.

Flood-proofing means any combination of structural and non-structural additions, changes, or adjustments to structure which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structure and their contents.

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

Food and beverage production means a company or organization that produces, manages, regulates or distributes food and beverages.

Funeral home means an establishment engaged in preparation of the deceased for burial, cremation services, and the arranging and managing funerals. A funeral home includes a funeral chapel and conduct of funeral services.

Garden center means an establishment where predominantly tree, shrub, and plant products are sold retail to the public, and which may include greenhouses, in addition to the incidental sale of other associated items such as seeds, bagged soil and mulch, plant containers, garden tools and equipment, and garden and yard décor items.

Gardening means an area of cultivated ground or a structure such as a planter box, pot, or raised bed, devoted in whole or in part to the growing of herbs, fruits, or vegetables for consumption, or composting.

Gas station means any building, structure, or area of land used for the retail sale of automotive fuels, oils, and accessories, where repair service, if any, is incidental and where convenience goods such as food, beverages, groceries, and household items may also be sold in addition to gasoline. Shall not include any heavy automotive repairs or storage of any inoperable vehicles.

Greenhouse, commercial means an establishment in which plants are cultivated inside transparent walls and a roof, and offered for sale to the public, either wholesale or at retail. May be part of a garden center operation. Does not include a greenhouse for private use only which could be an accessory use to residential use.

Group home means a residential facility in which no more than eight individuals that are aged, infirm, or disabled reside, including individuals with mental illness, intellectual disability, or developmentally disabilities, along with one or more resident or nonresident staff persons providing care for the residents. For the purposes of this section, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia § 54.1-3401. For purposes of this section, "residential facility" means any group home or other residential facility for which the department of behavioral health and developmental services or the department of social services is the licensing authority pursuant to this Code. Reference Code of Virginia § 15.2-2291.

Health club or fitness center means a facility where individuals use equipment and space for physical exercise and may include exercise equipment, weight lifting activities, facilities for running, walking, and playing sports, locker rooms, saunas, and massage rooms. Does not include indoor sports and recreation facilities or places of employment or hotels that include similar spaces for employees or guests as accessory uses.

Height of building means the vertical distance from the finished grade at the front entrance of the building to the highest point of the building with exceptions as provided for in section 50-43.

Historic structure means any structure that is:

(1)

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

(2)

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

(3)

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

(4)

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

a.

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

b.

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

Home occupation means an occupation for gain or support, whether full-time or part-time, that is conducted in the home, is incidental to the use of the building as a dwelling, and is subject to the provisions in section 50-133.

Hospital means a facility providing medical care to sick or injured persons primarily for in-patient overnight accommodations, but could also include separate outpatient surgery facilities, and including related facilities such as laboratories, training facilities, service facilities, and staff offices which are all considered integral parts of the facility. This term does not include nursing home, assisted living facility, or medical clinic.

Hotel means a building containing one or more guest rooms for overnight guests with ancillary facilities such as restaurant, meeting rooms, and recreation facilities for guests. Includes motels, inns, and lodges, but not bed and breakfast establishments as defined.

Indoor amusement or entertainment facility means a building or buildings primarily used for the provision of entertainment or games to the general public involving, but not limited to, theatrical or music performances, movie showing, billiards, table games, bingo, electronic games, and escape rooms. Does not include churches or other non-profit organizations who hold periodic events such as bingo for fundraising or special events.

Indoor sports and recreation facilitymeans a building or buildings used for any single or a combination of active recreational activities such as bowling, ice skating, roller skating, archery, water sports, miniature golf, and ball sports such as basketball, volleyball, tennis, and racquetball. The facility may include food service, retail sales of sports and fitness items, and other support facilities related to the principal uses, including limited outside activities such as a playground or picnic area. A facility with only health and fitness equipment and activity is defined as a "health club or fitness center."

Industrialized building means a combination of one or more sections or modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating, and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building. Manufactured homes defined in Code of Virginia, § 36-85.3 and certified under the provisions of the National Manufactured Housing Construction and Safety Standards Act (42 USC § 5401 et seq.) shall not be considered industrialized buildings for the purpose of this law, and nor shall mobile homes as defined in this division.

Interstate advertising corridor means an area measured as 1,000 linear feet from the right-of-way of Interstate 81 and Interstate 381, including entrance and exit ramps.

Kennel or animal shelter means any lot, building, structure, enclosure or premises where breeding, boarding, training, selling, or donation of animals is conducted.

Laboratory means an establishment whose principal purpose is the testing, research, compounding and/or packaging of scientific products, which may include light manufacturing.

Laundry means establishments primarily engaged in the provision of commercial laundering, cleaning or dyeing services. Drop-off stations for dry cleaning and laundromats are classified as personal services.

Lot means a piece, parcel, or plot of land which may consist of one or more platted lots in one ownership, occupied or intended to be occupied by one principal building and its accessory buildings including the open space required under this article.

Lot, corner means a lot fronting on two intersecting streets or adjoining a curbed street at the end of a block.

Lot, double frontage means a lot extending the entire width of the block and having street frontage on both the front and rear lot lines.

Lot of record means a parcel of land the boundaries of which are filed as a legal record.

Lot width means the horizontal distance between the side property lines of a lot measured at the point of the minimum front setback from the street right-of-way. If the street line curves or angles, the setback line shall also curve or angle uniformly with the street line and the lot width shall be calculated along the curve or angle setback line.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of this chapter.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis; is designed for use with or without a permanent foundation when connected to required utilities; and meets the 1976 Federal Manufactured Home Construction and Safety Standards (HUD Code). The term does not include modular homes or recreational vehicles, however for purposes of floodplain management regulations contained in division 8, the term does include travel trailers and other similar recreational vehicles placed on a site for greater than 180 consecutive days.

Micro-brewery means an establishment primarily engaged in the production and packaging of ale, beer, malt liquors, and nonalcoholic beer, with a capacity of not more than 15,000 barrels per year. Micro-brewery may include a restaurant or public tasting room.

Mini-warehouse means a building or group of buildings designed to provide self-service rental storage space in separate compartments enclosed by walls and ceiling and each unit having an individual entrance for the loading and unloading of stored goods. The conduct of sales, business, or any other activity other than storage in the building or buildings shall be prohibited.

Mixed-use structure means a building containing residential uses in addition to non-residential uses permitted in the zoning district. Mixed use structure should not be confused with a mix of uses each in separate structures in a single development.

Mobile food vending unit means a trailer, vehicle, pushcart, or stand (either motorized or non-motorized) subject to Virginia Department of Health regulations and designed to be portable, not permanently attached to the ground and to utilities, and from which only prepared food or beverages are displayed, offered for sale, sold, or given away. This definition excludes mobile food vendors for city-authorized special events or special events by church or non-profit organizations of no more than three days in duration.

Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis; is designed for use with or without a permanent foundation when connected to required utilities; and was produced prior to June 15, 1976 and does not meet the 1976 Federal Manufactured Home Construction and Safety Standards (HUD Code).

Modular home means a dwelling unit primarily manufactured off-site in accordance with the Virginia Uniform Statewide Building Code standards and transported to the building site for final assembly on a permanent foundation.

Museum means an establishment for preserving and exhibiting historical, cultural, scientific, natural or man-made objects of interest, and may include retail sales associated with the principal use as well as associated meeting space, performance area, event space, and offices.

New construction means structures for which the start of construction commenced on or after the effective date of this chapter and includes any subsequent improvement to such structures.

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

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

Nonconforming use means a use or activity which was legal when originally established, but that fails to conform to the current use regulations and standards of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

Nursery means any land used to cultivate, harvest, and sell trees, shrubs, flowers, and other plants and related accessory sales.

Nursing home means a facility licensed by the state providing bed care and in-patient services for persons requiring 24-hour skilled medical care, but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease.

Off-street parking space means the area that is required for the parking of one vehicle and located with access to a public street or alley, but not including any street right-of-way.

Office, general means an establishment in which the primary use is the conduct of a business or profession such as, but not limited to accounting, tax preparation, lenders and securities brokers, architecture, engineering, computer software, information systems research and development, engineering, insurance, law, management, organization and association offices, psychology, real estate and travel. Retail sales do not comprise more than an accessory use of the office space. This definition does not include medical office as defined by this chapter, and does not include general business services or offices associated with retail, wholesale, institutional, or manufacturing activities located on the same site.

Office, medical means a facility operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia that provides examination, medical treatment, and minor surgical care on a routine outpatient care basis, but does not provide overnight care. Definition includes a medical clinic that serves primarily emergency medical needs, but does not provide methadone or other controlled substance substitution programs.

Outdoor entertainment facility means a commercial facility for predominantly spectator uses conducted in open or partially enclosed or screened facilities such as sports arenas; amusement parks; or amphitheaters or other venues for live performances, excluding outdoor entertainment conducted as a part of a restaurant or micro-brewery.

Outdoor sports and recreation facility means a commercial facility for recreational activities conducted in open or partially enclosed or screened facilities, such as golf course, miniature golf course, swimming pool, tennis courts, motorized cart or motorcycle tracks, firing ranges, and water parks. Does not include community or municipal parks and playgrounds.

Overnight recreational development means an area that is occupied or intended for temporary occupancy in recreational vehicles, tents, yurts, or recreational cabins, and is governed by an overall site development plan. The terms "campground," "RV park," and "overnight cabin development" are all considered overnight recreational developments.

Parking garage/parking lot means an area where cars or other vehicles may be left temporarily. This may include a building that provides parking space.

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

Personal services means establishments or places of business engaged in the provision of frequently needed services of a personal nature serving individuals and households. Typical uses include barbershops, cosmetology and nail care salons, and esthetics spas licensed by the state in addition to schools for these services; tanning salons; shoe or garment repair businesses; laundromats and dry cleaning pick-up stations (not dry cleaning on-site); massage therapy licensed by the state; and pet grooming services.

Pharmaceutical processor means a facility that: (1) has obtained a permit from the board pursuant to Code of Virginia, § 54.1-3408.3 and (2) cultivates plants intended only for the production of cannabis oil, botanical cannabis, and usable cannabis, produces cannabis products, and dispenses cannabis products to a registered patient, his registered agent, or, if such a patient is a minor or an incapacitated adult as defined in Code of Virginia, § 18.2-369, such patient's parent or legal guardian. This use shall be prohibited within 500 feet from any public or private school and any public, licensed day care center. The distance shall be measured from front door to front door.

Plant production, indoor means an establishment that cultivates plants for commercial use with all production activities completely inside a building using methods such as hydroponics and artificial lights, and distinguished from a greenhouse which has transparent walls and roof.

Portable storage containers means a transportable unit designed and used for the temporary storage of materials or furnishings associated with construction, renovation, or relocation activity on the property where the container is placed. This definition excludes the following: 1) the use of storage containers for a consecutive ten-day period or less for loading and unloading furnishings; 2) commercial refuse containers which are regulated in section 40-72 of City Code, and 3) temporary office units associated with construction activity on the same site.

Principal building, use, or structure means the main use of a lot, or the building or structure in or on which the main use of the lot takes place.

Print shop means an establishment in which the principal business consists of duplicating and printing services provided to individual customers or organizations using photocopying, blueprint, or offset printing equipment, including publishing, engraving, and binding.

Private school means a school serving students who are within the range of kindergarten through grade 12 and operated by a private organization whether for-profit or non-profit.

Public building means a building used by federal, state or local government that is open to the general public.

Public park/playground means an area of natural, semi-natural or planted space, open to the public, set aside for human enjoyment and recreation or for the protection of wildlife or natural habitats.

Publication printing facility means a high volume productions facility that makes printed products for commercial customers such as newspapers, books, or magazines.

Recreational vehicle (or RV) means a mobile unit primarily designed as temporary living quarters for recreational or camping use whether independently mobile or pulled by another vehicle. For purposes of floodplain management as regulated in division 8, a recreational vehicle is further defined as being 400 square feet of less when measured at the largest horizontal projection; is built on a single chassis; and is designed to be self-propelled or permanently towable by a light duty truck.

Recycling facility means a building or enclosed space for the collection, sorting, and processing of recyclable materials prior to shipment to other end-users, including associated equipment and storage area screened from public view. Does not include a temporary or permanent drop-off station for materials such as paper, cardboard, glass, metal, and plastic, and intended for residential and consumer use.

Research and development center means a business that engages in research and development of technology-driven products and services, including scientific, industrial, electronic, medical, or educational products. Development and construction of prototypes may be associated with this use, but not manufacturing of products.

Restaurant, fast food with or without drive-through means an eating and drinking establishment that has very high turnover of customers and generates far more traffic per square foot of floor area than any other type of restaurant and generally serves food in disposable containers.

Restaurant, general means an establishment engaged in the preparation of food and beverages characterized primarily by table service to customers in non-disposable containers. May offer curbside pick-up or drive-through as an ancillary or temporary function.

Salvage or scrap service means any parcel of land or building in which the primary use is that of waste or scrap materials being stored, bought, sold, exchanged, packaged, or disassembled; and in which materials must be screened from public view.

Sawmill means an operation being either permanent or temporary that converts logs to lumber products regardless of whether the timber comes from on-site or off-site.

Self-storage facility means any real property designed and used for renting or leasing individual storage spaces, other than storage spaces that are leased or rented as an incident to the lease or rental of residential property or dwelling units, to which the occupants thereof have access for storing or removing their personal property. No occupant shall use a self-service storage facility for residential purposes. The conduct of sales, business, or any other activity other than storage in the buildings shall be prohibited.

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

Shooting range, indoor means a building designed or used for shooting of targets with firearms for the practice of marksmanship by the general public or gun clubs, but excluding authorized stores selling firearms where a shooting range may be an accessory use and facilities operated by law enforcement agencies for employee training.

Sign means any device or visual communicator that is used for the purpose of bringing the subject to the attention of the public and which is visible to the public right-of-way or to other properties.

Sign, abandoned means any sign that no longer displays information of any kind or displays information about a business or activity that has ceased to exist.

Sign, canopy means a sign painted on or attached flat against an awning or canopy that does not extend beyond the extremities of the surface to which it is attached. A canopy or awning sign is considered a type of wall sign for purposes of this division.

Sign, electronic message center means an electrically activated changeable sign whose variable message and/or graphic presentation capability can be programmed remotely.

Sign, ground-mounted means a permanent, free-standing sign not attached to a building or structure in which the entire bottom of the sign, including a foundation for the sign, is affixed to the ground (known as a monument sign) or in which the sign is supported by one or more posts anchored in the ground with no more than six feet clearance from the bottom of the sign to the ground below (known as a post or pedestal sign).

Sign, home occupation means a sign advertising services available on residential premises upon which the sign is located and which is authorized under section 50-133 and meeting regulations therein.

Sign, incidental means a wall or freestanding sign not exceeding four square feet in size and three feet in height if freestanding. Examples include: On-premises directional signs, building address signs, office nameplates, residence signs, no trespassing and other security-related signage, or signage on gas pumps. Freestanding incidental signs must be placed far enough from any street right-of-way to avoid a sight distance problem. Incidental signs cannot be off-premises signs.

Sign, multi-tenant means a permanent, free-standing sign serving one commercial site or development, and designed to accommodate two or more sign panels for multiple tenants.

Sign, nonconforming means any sign, the area, dimensions or location of which were lawful at the time the sign was erected, but which fail to conform to the current standards and regulations due to the adoption, revision or amendment of this division.

Sign, off-premises means any sign that directs attention to a business, commodity, service or establishment conducted, sold or offered at a location other than the premises on which the sign is erected, such as a billboard sign.

Sign, pole means a permanent, free-standing sign elevated above the ground by one or more upright poles, columns, braces, or other structure and not attached to any building or structure with the bottom of the sign being over six feet above the adjacent ground.

Sign, projecting means a sign attached to a building, approximately perpendicular to the building wall.

Sign, public way-finding means a sign that is part of a system of directional or location markers sponsored by a government entity or non-profit organization, if approved by the city, for the purpose of directing pedestrian or vehicular traffic to public or commercial attractions, historic areas, or community facilities.

Sign, suspended means any sign suspended from the underside of a walkway covering, canopy, or awning.

Sign, temporary means a sign designed or intended, based on materials and structural components, to be displayed for a specified or limited period of time, regardless of type or style of sign. Types of temporary signs are defined below:

Sign, A-frame: A temporary sign that is used at a place of business to provide information to pedestrians and slow moving vehicles. The sign may be one or two sided. Also known as a sandwich board sign.

Sign, activity: A temporary sign that is on the site of an activity or event which is only temporary in nature, such as construction project or new development announcement.

Sign, banner: A temporary sign made of material such as fabric, flexible plastic, or canvas that can be easily folded or rolled, but not including paper or cardboard. Types of banners are wall banners which are affixed flat against a building wall; a free-standing banner which is secured to metal posts in the ground, and a vertical flag banner sign which is properly secured in the ground.

Sign, non-commercial message: A temporary sign that does not direct attention to any business, commodity, service, entertainment, product, or attraction, and is of a political, religious, or ideological nature.

Sign, notice of property for sale or lease: A temporary sign that is displayed on property that is for sale or lease for the purposes of advertising said property.

Sign, portable: A temporary sign that is designed with wheels to be transported by vehicle, but does not include signs attached to or painted on properly registered and operable vehicles.

Sign, yard: A temporary sign that is made out of cardboard or foam board attached to a metal or plastic frame.

Sign, wall means a sign which is painted on or attached directly to the surface of a building wall, an awning, or a fence. For purposes of this division, a wall sign can also be a suspended sign, projecting sign, or a roof sign attached to a building.

Sign area means the area of any sign is measured by finding the area of the minimum imaginary or actual rectangle or square which fully encloses all words, copy or message or the extremities of one side of the sign, exclusive of its supports. In the case of a sign where lettering appears back-to-back, that is, on opposite sides of the sign, the area shall be considered to be that of only one face.

Skill game/skill game machine means an electronic, computerized, or mechanical contrivance, terminal, machine, or other device that requires the insertion of a coin, currency, ticket, token, or similar object to operate, activate, or play a game, the outcome of which is determined by the predominant skill of the player and that may deliver or entitle the person playing or operating the device to receive cash or cash equivalents, gift cards, vouchers, billets, tickets, tokens, or electronic credits to be exchanged for cash or cash equivalents whether the payoff is made automatically from the device or manually. "Skill game" or "skill game machine" includes (i) any device that contains a meter or measurement device that records the number of free games or portions of games that are rewarded and (ii) any device designed or adapted to enable a person using the device to increase the chances of winning free games or portions of games by paying more than the amount that is ordinarily required to play the game. Skill game machines shall be programmed so that the maximum consideration to play is $5.00 and the maximum winnings per a single play does not exceed $5,000.00. Skill games are regulated by agencies with the Commonwealth of Virginia and all skill game operations must comply with the Code of Virginia.

Small equipment repair means an establishment that is involved with the maintenance and repair of low-power internal combustion or electric engines or other related equipment. This includes, but is not limited to, chain saws, weed eaters, leaf blowers, snow blowers, and lawn mowers. Repair of household items like appliances are defined under consumer repair services.

Solid waste facility means a licensed facility designed and used for the disposal of garbage, debris, and other unwanted or discarded items; and may include recycling operations.

Special flood hazard area means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, zone A usually is refined into zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Storage, vehicle and equipment means a principal use of property for the keeping of operable vehicles and equipment, including boats and recreational vehicles, but excluding temporary storage of equipment on active construction sites.

Store, general retail means establishments that carry a variety of retail sale items and can be large in size, generally 10,000 square feet in size or larger, such as, but not limited to, discount stores, grocery stores, department stores, drug stores, and household goods stores.

Store, liquor means a store operated by the Virginia Alcoholic Beverage Control which sells distilled spirits in accordance with Virginia Code.

Store, neighborhood means an retail establishment generally less than 5,000 square feet that sells a variety of groceries, prepackaged food, beverages, tobacco, household items, and prepared food items, but not automobile fuel which would be defined under "gas station."

Store, specialty means a retail store usually small in size (less than 10,000 square feet) that offers for sale items related to a specific theme such as, but not limited to, apparel, jewelry, books, shoes, stationery, gifts, specialty foods and beverages, antiques, artwork, and floral arrangements.

Street banner means any sign suspended on or from a staff, pole, wire, frame or similar support extending across the width of a street, highway or alley. This type of sign is a temporary sign used for the advertisement of community events; must by authorized by the city manager; and is subject to city policy and any established fees.

Structure means for floodplain management purposes relevant to division 5 of this chapter, a walled and roofed building, including gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

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

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Tattoo shop or body piercing salon means any place, property licensed by the state, in which a fee is charged for the act of tattooing the skin or penetrating the skin of a person to make a hole, mark or scar, generally permanent in nature. Also includes a place or establishment properly licensed to accept and train students in tattooing and/or body piercing.

Temporary family health care structure means 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 or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living, as certified in writing by a physician licensed in the commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law and the Uniform Statewide Building Code. Reference Code of Virginia, § 15.2-2292.1 which requires a permit be issued by the city for this use.

Temporary seasonal sales means outside sales or distribution of agricultural or horticultural products that are seasonal in nature, including agricultural products, bedding plants, and Christmas trees; but excluding outside sales activity that is conducted on a site with an existing permitted retail operation and that is conducted by the on-site tenant or property owner and is clearly incidental to the primary use of the property. This definition excludes yard sales conducted by property owners or residents on their own premises as long as they are limited to no more than three days in duration and no more than two yard sales on the same property per calendar year. The definition also excludes temporary outdoor sales conducted by church or non-profit organizations of no more than three days in duration.

Temporary use permit means a permit authorized by the city to allow a property owner or tenant to conduct a temporary use at a specific location in compliance with this article. Temporary uses on city-owned property are subject to established city policies and procedures.

Terminal, bus means a building specifically used for the off-street service and storage of buses and the off-street loading and unloading of bus passengers and freight. It shall include facilities for ticket sales, food service and restrooms that are primarily intended for bus passengers. This definition excludes public transportation service offered by a public entity.

Terminal, passenger means a building primarily for loading and unloading of passengers traveling by bus or rail transportation.

Terminal, rail means a building or series of buildings primarily used for the transfer of passengers and freight from a rail line to other modes of transportation. It shall include facilities for ticket sales, food service and restrooms that are primarily intended for rail passengers.

Terminal, truck means a facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck and including mail and package distribution facilities.

Transitional housing means temporary housing for certain segments of the homeless population established for the purpose of transitioning residents into permanent, affordable housing. It is not in an emergency homeless shelter, but usually involves rooms or apartments in a residence with support services available on-site and a required length of occupancy for the residents.

Unhoused/unsheltered day center means a center which has a primary purpose of serving unhoused or unsheltered individuals, whose clientele may spend time during day or evening hours, but with no overnight stays. Services may include counseling and/or medication monitoring on a formal or informal basis, personal hygiene supplies, facilities for showering, shaving, napping, laundering clothes, making necessary telephone calls and other basic supportive services. Centers may also provide meals or facilities for cooking.

Utilities, major means public or privately-owned and operated facility or infrastructure that generally serves a community-wide need and may have on-site personnel, such as electric-generating plants and substations, wastewater treatment plant, water treatment plant, water tank, free-standing telecommunications facility, and solar farms.

Utilities, minor means public or private infrastructure generally serving a limited area and having no on-site personnel, including lift stations, storm water facilities, electric distribution system appurtenances, telecommunications boxes, water and wastewater pump stations. Also includes on-site solar energy panels as accessory use to a principal structure.

Violation means for floodplain management purposes relevant to division 5, the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in division 5 is presumed to be in violation until such time as that documentation is provided.

Warehouse means a building used for storage of goods for transfer and delivery to other locations and in which sales of merchandise to customers is not conducted on-site. Includes the term distribution facility and may include office functions.

Wholesale business means an establishment that sells merchandise at wholesale on-site or delivered to customers off-site with such merchandise stored inside a building where sales and/or office personnel are located. For purposes of this article, wholesale businesses in B-3 districts shall not include outside storage of products; chemical or fuel storage establishments; or products that have an odor that is evident outside the building.

Winery means a winery use is a facility licensed in accordance with Code of Virginia, § 4.1-207 and regulations of the board of alcoholic beverage control to manufacture wine and to sell, and deliver or ship such wine in closed containers for the purpose of resale outside the state or by persons licensed by the state to sell the wine at wholesale.

Wireless communications facility means any unstaffed facility for the transmission and/or reception of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services; and including towers and/or antennas. A communications tower usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antenna. Excluded are amateur radio towers, which are described separately. The terms "telecommunications facility" and "communications facility" are synonymous. Depending on size and appearance, it can be either a major utility or a minor utility, as regulated in division 12.

Yard means an open space on the same lot with the principal building, open, unoccupied, and unobstructed by buildings from ground to sky, unless otherwise provided in this article.

Yard, front means an open, unoccupied space on the same lot as the principal building, extending the full width of the lot and situated between the front lot line and the nearest part of the principal building or structure.

Yard, rear means any open, unoccupied space on the same lot as the principal building, extending the full width of the lot and situated between the rear lot line and the nearest part of the principal building or structure.

Yard, side means an open, unoccupied space on the same lot as the principal building, bounded by the side or common property line and a line parallel thereto, extending from the front lot line to the rear lot line, the distance between such parallel lines being the established side yard setback distance for that particular district in which the lot is situated.

(Ord. No. 20-4, 11-24-20; Ord. No. 22-5, 5-10-22; Ord. No. 23-3, 3-14-23; Ord. No. 24-9, 6-25-24)