As used in this ordinance, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

Accessory use or structure. A use or structure of a nature customarily incidental and subordinate to the principal use or structure and, unless otherwise specifically provided, on the same premises. Where a building is attached to the principal building, it shall be considered part thereof, and not an accessory building.

Acre, gross. A measure of land equal to 43,560 square feet.

Acre, net. That part of the 43,560 square feet which exist after deducting land dedicated or conveyed for any public facility, easement or any right-of-way for any proposed streets or street widening.

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

Administrator. The official charged with the enforcement of this zoning ordinance.

Adult book store. An establishment having a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material.

(Ord. of 1-21-1998)

Adult day support center. A facility that provides personal care and supportive services for dependent adults in a supervised, protective, congregate setting during some portion of a twenty-four (24) hour day. Services offered in conjunction of adult day support care typically include; but are not limited to, social and recreational activities, training, and counseling, meals for adult day support care and services such as rehabilitation, medication assistance and home health aide services for day health support.

(Ord. of 1-18-2017(1))(Ord. of 10-25-2017(1))

Adult entertainment establishment. Any regulated use such as an adult book store, adult mini-motion picture theater, adult motion picture theater, cabaret, massage parlor, drug paraphernalia store, or tattoo parlor.

(Ord. of 1-21-1998)

Adult mini-motion picture theater. An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas" for observation by patrons.

(Ord. of 1-21-1998)

Adult motion picture theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas" for observation by patrons.

(Ord. of 1-21-1998)

Advertisement. Any writing, printing, picture, painting, display, emblem, drawing, sign or similar device which is posted or displayed outdoors on real property and is intended to invoke or to draw the attention or to solicit the patronage or support of the public to any goods, merchandise, property, real or personal, business, services, entertainment or amusement manufactured, produced, bought, sold, conducted, furnished or dealt in by any person or for any political party or for the candidacy of any individual for any nomination or office; the term shall also include any part of an advertisement recognizable as such.

Agriculture. The tilling of the soil, the raising of crops, the practicing of horticulture, forestry, and gardening, including the keeping of animals and fowl.

Airport. A facility for the landing and takeoff of aircraft, together with servicing facilities including service to patrons, from which revenue is derived. This term shall include private landing strips.

Airport safety zone—Special definitions.

As used in this zone, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

Airport. Lawrenceville-Brunswick Airport and/or Mecklenburg Brunswick Regional Airport.

Airport elevation. The highest point on any usable landing surface expressed in feet above mean sea level.

Approach surface. A surface longitudinally centered on the extended runway, centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope set forth in section 1-9-3 of this ordinance. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zones. The airspace zones as set forth in section 1-9-1.

Conical surface. A surface extending horizontally 20 feet for every one foot vertically from the periphery of the horizontal surface.

Hazard to air navigation. An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have substantial adverse effect on the safe and efficient utilization of navigable airspace in the commonwealth.

Height. For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map, the datum shall be mean sea level (M.S.L.) elevation unless otherwise specified.

Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Nonconforming use. Any preexisting structure or object of natural growth which is inconsistent with the provisions of this ordinance or any amendment to this ordinance.

Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, set forth in section 1-9-3 of this ordinance.

Permit. A document issued by Brunswick County allowing a person to begin an activity which may result in any structures or vegetations exceeding the height limitations provided for in this ordinance.

Person. Any individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. The term includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Primary surface. A surface, with a specified width as provided in section 1-9-1 of this ordinance, longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway. A specified area on an airport prepared for landing and takeoff of aircraft.

Structure. Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formations, towers, poles, and electric lines of overhead transmission routes, flag poles, and ship masts.

Transitional surfaces. Surface which extends outward perpendicular to the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

Vegetation. Any object of natural growth.

Zone. All areas provided for in section 1-9-1 of this ordinance, generally described in three dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway centerline and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces found in section 1-9-3 of this ordinance.

End airport safety zone—Special definitions.

Alteration. Any change in the total floor area, use, adaptability, or external appearance of an existing structure.

Apartment. A building used or intended to be used as the residence of three or more families living independently of each other.

Assembly and retreat facilities. An area including improvements and facilities constructed thereon, used for the assembly and gathering of persons for common purposes, including, but not limited to, religious activities.

(Ord. of 12-28-1994)

Automobile graveyard. Any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found.

Basement. A story having part but not more than one-half of its height below grade. A basement shall be counted as a story for the purpose of height regulations.

Bed and breakfast inn. A private, owner-occupied residence with one to ten guest rooms providing transient accommodations. Food services in connection with the use shall be limited to meals provided to guests taking lodging at the facility and special catered events. Full restaurant service open to the general public is prohibited and individual guest rooms shall not contain cooking facilities. A minimum of one parking space per guest room and one parking space per employee is required. Parking areas shall be located on the side or rear of the residence. Screening of the parking area from adjacent properties may be required if determined necessary by the zoning administrator.

(Ord. of 9-15-1993)

Boarding house. A building where, for compensation, lodging and meals are provided for at least five and up to 14 persons.

Building. Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or property of any kind.

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

Building site. A piece of land consisting of the minimum area of required square footage of the zoning district where it is located, where a permitted use or structure may be placed.

Bulk storage. A structure and/or structures designed for and used as storage facilities for oil, fuel oil, gas, grain, fertilizer, [and] chemicals, usually stored in large quantities.

Cabaret. An adult club, restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting "specified anatomical areas" or performing "specified sexual activities".

(Ord. of 1-21-1998)

Camper. A rigid dwelling unit, whether or not equipped with wheels, so designed as to be intermittently movable from place to place over the highway whether towed, self-propelled, or carried upon another vehicle; and which is susceptible to permanent human habitation and which lacks permanent cooking, toilet, or bathing facilities.

Camper trailer. A vehicular, portable structure suitable for temporary dwelling mounted on wheels, constructed with collapsible, partial sidewalls of fabric, plastic, or other pliable materials for folding compactly while being transported.

(Amd. of 12-15-2021(1))

Campground. An area upon which are located sites for two or more trailers, campers, and other camping facilities for seasonal or temporary recreational occupancy.

Carport. A roofed space having one or more sides open to the weather, primarily designed or used to park motor vehicles. In no case shall a carport be located in any required front or side yard.

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

Child care center means any facility, other than a family day care home, operated for the purpose of providing care, protection and guidance to a group of children separated from their parents or guardian during a part of the day only, except:

(1)

A facility required to be licensed as a summer camp under the Code of Virginia, §§ 35-43 through 35-53;

(2)

A public school or a private school, unless it is determined that the school is operating a child care center outside of the scope of regular classes;

(3)

A school operated primarily for the educational instruction of children, two to five years of age, at which children two to four years of age do not attend in excess of four hours per day and children five years of age do not attend in excess of six and one-half hours per day. (i.e. pre-school, head-start);

(4)

A Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

(Amd. of 2-21-2001)

Circuit court. The Circuit Court for Brunswick County, Virginia.

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

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

Commission. The Planning Commission of Brunswick County, Virginia.

Concrete works. A structure or area used for the manufacture of concrete and concrete products.

Conditional use. A use listed as such in this ordinance and which may be permitted in a specified district under certain conditions, such conditions to be determined in each case by the terms of this ordinance and by the Board of Supervisors of Brunswick County, after report by the planning commission, in accordance with the procedures specified by this ordinance and applicable state law.

Conditional use permit. A permit issued by the board of supervisors for a use allowed as a conditional use in a designated district after evaluation of the impact and compatibility of such use; said permit shall stipulate such conditions and restrictions, including any such conditions contained herein, as will insure the use being compatible with the neighborhood in which it is to be located; or, where that cannot be accomplished, shall deny the use as not in accord with adopted plans and policies or as being incompatible with existing uses or development permitted by right in the area.

Convalescent care. Returning to health after illness or debility; partially restored to health or strength.

(Ord. of 7-16-2008)

Data center. A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances, and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center.

(Amd. of 8-10-2022(1))

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

Drug paraphernalia store. Any retail store selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession of is subject to the provisions of the "The Drug Control Act," the Code of Virginia, tit. 54.1, including, but not limited to, water pipes, pipe "screens", hashish pipes, "roach" clips, "coke" spoons, "bongs", and cigarette rolling paper, except that this shall not be deemed to include the sale of cigarette paper by a store that also sells loose tobacco or the sale of by prescription of implements needed for the use of prescribed drugs or narcotics.

(Ord. of 1-21-1998)

Dwelling. Any structure which is designed for use for residential purposes, except hotels, boardinghouses, lodginghouses, tourist cabins, apartments, and automobile trailers.

Dwelling, multiple-family. A structure arranged or designed to be occupied by more than one family.

Dwelling, single-family. Structure arranged or designed to be occupied by one family; the structure having only one dwelling unit.

Dwelling, two-family. A structure arranged or designed to be occupied by two families; the structure having only two dwelling units.

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

Fairs and festivals. See music or entertainment festival.

Family. One or more persons related by blood, adoption, marriage, living and cooking together as a single housekeeping unit; or a number of persons, but not exceeding four persons, living and cooking together as a single housekeeping unit, though not related by blood, adoption, or marriage.

Family day home. A child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of a licensed or registered family day home shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Family day homes serving six through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no family day home shall care for more than four children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. However, a family day home where the children in care are all grandchildren of the provider shall not be required to be licensed.

(Ord. of 10-18-1995)

Family, immediate. Father, mother, son, daughter, spouse, brother, sister, father-in-law, mother-in-law, grandmother, grandfather, of the owner or the owner's spouse.

Farm operation. One or more parcels of land either contiguous or separate aggregating not less than 25 acres under constructive single ownership or management upon which the activity of agriculture is pursued in the production of natural fibers and food for human or animal consumption, exclusive of forestry.

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

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

Floodplain. A relatively flat or low land area, adjoining a river, stream or watercourse, which is subject to partial or complete inundation or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

Floodprone area. Any land area susceptible to being inundated by water from any source.

Floodway. The designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purpose of this ordinance, the floodway shall be capable of accommodating a flood of the 100-year magnitude.

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

Forestry. The cultivating and selective clearing of woodland, including any industry or business which produces items from wooded areas.

Frontage. The distance from which the front boundary line of the lot and the street line are coincident.

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

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

Gasoline filling station. An area of land, including structures thereon, or any building or part thereof that is used solely for the retail sale and direct delivery of fuel, lubricating oil, and minor accessories for such vehicles, and the sale of cigarettes, candy, soft drinks, and other related items for the convenience of the motoring public, which establishment may or may not include facilities for lubricating, washing, minor repairs, or otherwise servicing motor vehicles, but not including body work, welding, painting, or major repair work.

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

Golf course. 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 unto which they drive golf balls from a central driving tee.

Governing body. The Board of Supervisors of Brunswick County, Virginia.

Greenhouse means an enclosed structure where plants are cultivated and grown usually at a controlled temperature and humidity for sale or transplanting.

(Amd. of 2-21-2001)

Group home facility. A group home operated as a residential facility for the purposes of a group home as defined by this ordinance and Code of Virginia, § 15.2-2291, with occupancy by nine or more persons.

(Ord. of 7-19-1995)

Health official. The legally designated health authority of the department of health, Commonwealth of Virginia, for Brunswick County, or his authorized representative.

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

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

(Ord. of 10-16-1996)

Hotel. A building designed or occupied as the more or less temporary abiding place for 14 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.

Industrialized building. 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 shall not be considered industrialized buildings for the purpose of this ordinance.

Junkyard. An establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

Kennel. A place prepared to house, board, breed, handle, or otherwise keep or care for six or more dogs and/or cats at least six months of age, for sale or in return for compensation.

Livestock/fowl feedlot operations. Rescinded by amendment 3-29-1995.

(Ord. of 3-29-1995)

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

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

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

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

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

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

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

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

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

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

Manufactured home park or subdivision. Any area designed to accommodate three or more homes intended for residential use where residence is in manufactured and mobile homes exclusively.

Manufactured or mobile home lot. The unit of land used or intended to be used by one manufactured or mobile home, whether in a manufactured or mobile home park, or not in a manufactured or mobile home park.

Massage parlor. Any place where manipulation of body tissues for remedial or hygienic purposes, or any other purpose is conducted and the owners and employees do not currently hold a valid physiotherapy license.

(Ord. of 1-21-1998)

Marina. A facility for the storing, servicing, fueling, berthing, and securing of boats and that may include eating, sleeping, and retail facilities for owners, crews and guests.

(Amd. of 7-18-07(1))

Miniwarehouse. A building consisting of individual, small, self-contained units that are leased for the storage of household goods, business goods or contractor's supplies.

(Ord. of 3-19-1997)

Mobile home. An industrialized building unit not subject to Federal regulation, which is constructed on a chassis for towing to the point of use and designed to be used, with or without a permanent foundation, for contiguous year-round occupancy as a dwelling, or two or more such units separately towable, but designed to be joined together at the point of use to form a single dwelling, and which is designed for removal to and installation or erection on other sites.

Mobile home park or subdivision. Any area designated to accommodate three or more homes intended for residential use where residence is in mobile homes exclusively.

Modular home. A combination of one or more building sections or modules, subject to state regulations, containing electrical, plumbing, heating, ventilation and other necessary 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, as defined, shall not be considered modular buildings for the purpose of this ordinance.

Motel. One or more buildings containing individual sleeping rooms, designed for or used temporarily by tourists or transients, with parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

Motor home. Fully self-contained unit which is built on a truck or bus chassis and designed as temporary living accommodations for recreation, camping, temporary dwelling and travel use.

(Amd. of 12-15-2021(1))

Music or entertainment festival. Any gathering of groups of 50 or more individuals in open spaces (i.e., not within a permanent, enclosed structure), where: a charge is imposed or a donation requested for admission to such event; or goods or services are offered for sale; or, alcoholic beverages are sold or the possession or consumption thereof is permitted; or, the purpose of such gathering is for groups or individuals to listen to or participate in entertainment. The following are examples of regulated activities: a circus, a carnival, a motor vehicle show or competition, a craft or artisan show, an agricultural exposition, a concert or musical festival, fairs and similar forms of public amusement or entertainment. (Hereafter referred to as "festival".) The following uses are exempted from this definition:

(1)

Gatherings of groups or individuals for activities conducted by churches and/or religious organizations, recognized as being non-profit by the U.S. Internal Revenue Service, when such activities are conducted on church-owned property.

(2)

A festival which was held or conducted at one site within Brunswick County in at least three, or all four, of the following four calendar years: 1996; 1997; 1998; 1999. This exemption shall not be available if the festival is held or conducted at a site different from the site at which such festival was held or conducted within the identified years.

(3)

Athletic events such as baseball, softball, soccer, and similar athletic events conducted at a facility designed for such activities.

(4)

Gatherings of groups or individuals for activities conducted by educational organizations which are recognized as being non-profit by the U.S. Internal Revenue Service or which have been recognized by action of the Brunswick County School Board or the Brunswick Academy School Board as being educational in purpose when such activities are conducted on property utilized for school purposes.

(5)

Gatherings of persons related by blood or marriage for activities such as family reunions.

(6)

Yard sales and auctions.

(7)

Gatherings of persons for the purpose of purchasing or accepting delivery of food items offered for sale by organizations which are recognized as being non-profit by the U.S. Internal Revenue Service, where such activities do not include other entertainment activities as herein identified. The following are examples of exempted activities: bake sales; sales of Brunswick S; sales of "take-out" dinners.

(Amd. of 4-19-2000)

Non-public energy generation utility facility. A facility which captures or otherwise uses methane gas, alone or in combination with another fuel, to generate energy.

(Amd. of 2-21-07(2))

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 ordinance for the district in which it is located on December 1, 1992, or as a result of subsequent ordinance amendment.

Nonconforming lot. An otherwise legally platted lot that does not conform to the minimum area or width requirements of the ordinance for the district in which it its located on December 1, 1992, or as a result of subsequent ordinance amendment.

Nonconforming structure. An otherwise legal building or structure that does not conform to the lot area, yard, height, lot, coverage, or other area regulations of this ordinance, or is designed or intended for a use that does not conform to the use regulations of this ordinance for the district in which it is located on December 1, 1992, or as a result of subsequent ordinance amendment.

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 and/or intensive care that is normally provided in a general hospital or other specialized hospital.

Office building. A structure wherein are employed a greater number of people that are allowed in professional offices and where there are no goods offered for sale.

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

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

Parking space. A space used as an area for temporary storage of passenger vehicles. Such space shall be a minimum of ten feet in width and 20 feet in length, except that off-street parking facilities containing any parking spaces may use 20 percent of the total spaces as "compact car" spaces with a minimum size of 7½ feet in width and 15 feet in length. Such spaces shall be indicated by the posting of signs reading "small cars only".

Planned development. One or more contiguous lots or one or more contiguous lots under single ownership or unified control, planned as a whole for development in a single or programmed series of phases, in accordance with an approved master plan which may include multiple land uses and as further outlined as applicable.

(Amd. of 12-17-2003)

Plant nursery. see also greenhouse.

Private rail sidetrack. Railroad sidetrack utilized for the tender and receipt of rail freight traffic for the account of industry, and consists of the track structure (rails, ties and fastenings, ballasts, grading, drainage structures, turnout, bumping post and other appurtenances).

(Ord. of 9-16-1998)

Professional office. The office, studio, or professional room of a doctor, architect, artist, musician, lawyer, or similar professional person, excepting any funeral homes, or any establishment where goods are offered for sale.

Public and semipublic uses. 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: electrical, 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.

Recreational vehicle. Vehicular type structure designed as temporary living accommodations for recreation, camping, temporary dwelling and travel use. There are four basic types of recreational vehicles - travel trailers, motor homes, truck campers and camper trailers.

(Amd. of 12-15-2021(1))

Recreational vehicle park. A parcel of land used for occupancy by recreational vehicles for temporary dwelling purposes.

(Amd. of 12-15-2021(1))

Recycling. The process by which aluminum cans, copper, brass and batteries are collected, separated, and processed for shipment.

(Amd. of 10-20-2010)

Recycling center. A fully enclosed building where items are recycled (as defined above), collected for temporary storage and processed for shipment. There is no outside storage and no retail sales permitted.

(Amd. of 10-20-2010)

Rest home, convalescent home. Any place containing beds for two or more patients, established to render domiciliary care for chronic or convalescent patients, but not including child care homes or facilities for the cure of feeble-minded mental, epileptic, alcoholic patients, or drug addicts.

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

Retail stores and business. Buildings for display and sale of merchandise at retail, but specifically exclusive of coal, wood, and lumberyards.

Rooming house. A dwelling in which, for compensation, lodging is furnished to three or more, but not exceeding nine, guests; a boarding house.

Sanitary landfill. An engineered land burial facility for the disposal of solid waste, which is so located, designed, constructed and operated to contain and isolate the solid waste so that it does not pose a substantial present or potential hazard to human health or the environment.

Satellite wagering facilities. A facility used and developed for the purposes of receiving simulcast horse racing and pari-mutuel wagering.

(Ord. of 12-28-1994)

Sawmill, portable. A portable sawmill for cutting timber grown primarily on the premises.

Setback. The minimum distance by which any building or structure must be separate from the front lot line.

Short-term rental. An accommodation for transient guests where, under either a written or oral agreement and in exchange for compensation, a dwelling unit is provided for lodging for 30 consecutive days or less and which is not a "bed and breakfast inn" "boarding house", or "group home facility" as defined in this chapter. Such use may or may not include an on-site manager. For the purposes of this definition, a dwelling unit shall include single-family dwellings, two-family dwellings (duplexes), three-family-dwellings (triplexes), multiple-family dwellings, and manufactured/mobile homes.

(Ord. of 6-20-2018)

Sign. Any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any highway.

Sign, business. A sign which directs attention to a product, commodity, or service available on the premises.

Sign, directional. Signs containing directional information about public places owned or operated by federal, state or local governments or their agencies: publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public. "Directional and other official signs and notice" includes only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.

Sign, freestanding. Any sign supported by an upright structural member or by braces on or in the ground and not attached to a building.

Sign, general advertising. A sign which directs attention to a product, commodity, or service not necessarily conducted, sold, or offered upon the same lot where such is located. Such sign may also be referred to as billboards or poster panels. Also see advertisement.

Sign, wall. A sign affixed directly to or painted on or otherwise inscribed on an exterior wall or parapet and confined within the limits thereof of any building and which projects from that surface less than 12 inches at all points.

Special exception permit. A permit, issued by the board of zoning appeals, for a selective specified reason, used only for that particular reason and only under the conditions specified in the ordinance.

Specified anatomical areas. Such areas include less than completely and opaquely covered human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genitals in a discernible turgid state, even if completely and opaquely covered.

(Ord. of 1-21-1998)

Specified sexual activities. Such activities include human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

(Ord. of 1-21-1998)

Story. That portion of a building, other than the cellar, included between the surface of any floor and the surface of the floor next above it. If there be no floor above it, the space between the floor and the ceiling next above it.

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

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

Street, road. A public thoroughfare.

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

Tattoo parlor. Any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.

(Ord. of 1-21-1998)

Tourist home. Repealed.

(Ord. of 6-20-2018)

Townhouse. A single-family dwelling unit, being one of a group of not less than three or more than ten units, with such units attached to the adjacent dwelling or dwellings by party walls, with lots, utilities, and other improvements being designed to permit individual and separate ownership of such lots and dwelling units.

Travel trailer. Vehicular structure mounted on wheels which is designed as temporary living accommodations for recreation, camping, temporary dwelling and travel use. Can be easily towed by automobile or small truck and does not require special highway movement permits.

(Amd. of 12-15-2021(1))

Truck camper. Portable structure designed to be loaded onto or affixed to the bed or chassis of a truck. Designed to be used as temporary living accommodations for recreation, camping, temporary dwelling and travel use.

(Amd. of 12-15-2021(1))

Truck stop. An area, usually on or near a major thoroughfare, which has been designed for and is being used for the parking of tractor-trailers or other trucks. These areas, which are equipped with facilities to supply maintenance and fuel for these trucks, may also include motels and restaurants.

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

Water and sewer systems, central. A water or sewer system planned and designed to serve all serviceable elements of a particular land development, approved by the governing body and the state health department, and subject to special regulations as herein set forth.

Water and sewer systems, public. A water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the state corporation commission, and subject to special regulations as herein set forth.

Wayside stand, roadside stand, wayside market. Any structure or land used for the sale of agricultural or horticultural produce, livestock, or merchandise produced by the owner or his family on their farm.

Wood waste disposal site. An area designed for the disposal of natural debris from land clearing activities, to include stumps, branches, laps, and soil.

(Amd. of 1-21-2004(1))

Wood waste recycling site. An area designed for the collection and reuse of natural debris from land clearing activities, to solely include stumps, trunks, limbs and branches.

(Ord. of 10-25-2017(1))

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 of the building (excluding steps) and the front lot or street line, extending across the full width of the lot.

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

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