A structure or use incidental or secondary to the principal structure or use on the same lot. An accessory building/structure shall be detached from the main structure. May be considered a main structure if meeting the required front setback for the area. See "main use."

(Ord. of 4-1994)

An extension or increase in floor area, living/use space, height, or bulk space of a building or structure.

See "building administrator."

See "zoning administrator."

The tilling of the soil, the raising of crops, horticulture, forestry and gardening, including the keeping of animals and fowl, and including any agricultural industry or business, such as fruit packing plants, dairies or similar use.

Any change in the use, adaptability or external appearance of an existing structure. Alterations do not necessarily affect the total square footage or bulk space of a structure.

See "rezoning."

Any type of amusement device that does not create excessive noise, either singularly or in connection with such other or similar devices and/or other noise emanating activities on the subject property in violation of the town's noise ordinance.

(Ord. of 1-3-1996; Amended 2-19-2004)

A building which is owned by an individual person, firm or corporation which is to be leased as the residence of three or more families living independently of each other.

The spatial standards (lot width, depth, area, setback requirements, etc.) established for a lot or yard in a particular zone.

Any nonrigid material such as fabric or flexible plastic that is supported by or stretched over a frame that is attached to an exterior wall.

(6-19-2008)

(6-19-2008)

A building, usually a residential structure with only one complete dwelling unit, arranged for shelter, sleeping accommodations and at least one meal per day. The occupants are primarily transient in nature, making use of the facilities for a period of less than 30 days. Such a use shall be considered a commercial enterprise, and a residential manager shall be required.

(6-19-2008)

A seven-member body appointed to hear appeals from decisions of the zoning administrator and to consider requests for variances and special exceptions from provisions of the zoning ordinance.

Cross reference— Board and commissions, § 2-106 et seq.

A building, usually a residential structure with only one complete dwelling unit, arranged for shelter, sleeping accommodations and at least one meal per day. The occupants are long term (more than 30 days) in nature. Such a use shall be considered a commercial enterprise, and a residential manager shall be required.

Any place in which a fee is charged for the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. Body-piercing does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the out perimeter or lobe of the ear or both

(Amended 6-5-2017)

A strip of land located so that it separates and protects one type of land use from the undesirable effects of another. Trees or other vegetation, as well as manmade screening, may be placed on buffer strips.

Any structure used or intended for supporting or sheltering any use or occupancy.

The official charged with the overall enforcement of the building codes and ordinances. He may be any appointed or elected official who is by formal resolution designated to the position by the governing body. He may serve with or without compensation as determined by the governing body.

Those codes, referenced standards, policies and requirements imposed by the state, required by local ordinance or determined by the local building department. The Virginia Uniform Statewide Building Code is the preeminent state document from which most building construction regulations originate. (See Code of Virginia, § 36-97 et seq.).

The length of a building that faces a street, parking area, or private drive.

The vertical distance measured at the site of the structure from one of the following: base flood elevation, two foot freeboard, or established grade, or for a structure not requieed to be built to flood elevation such height shall be measured from the lowest undisturbed natural grade, whichever is greater, to the highest point of the:

Structure; or

Surface of a flat or sloping roof; or

Average height between eaves and ridge line of a gable, hip or gambrel roof; or

Deck line of a mansard roof.

(Ord. of 2-5-2001; Amended 5-4-2015, 12-5-2016)

An imaginary line fixed at a specific distance from the front, rear or side boundaries of a lot. The building line is sometimes called the setback line. Specified structures may not extend beyond or into it.

The officer or other designated authority charged with the administration and enforcement of the state building code.

(6-19-2008)

Tourist camps, travel trailer camps, recreation camps, family campgrounds, camping resorts, camping communities or any other area, place, parcel or tract of land, by whatever name called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and or facilities is granted gratuitously or by a rental fee. The minimum lot area shall be five acres.

Every vehicle which has collapsible sides and contains sleeping quarters but may or may not contain bathing and cooking facilities and is designed to be drawn or carried by a motor vehicle.

Tents, tent trailers, travel trailers, camping trailers, pickup campers, motor homes or any other device or vehicular-type structure as may be developed, marketed and used by the camping trade for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.

Any plot of ground within a campground used or intended for the exclusive occupation by a camping unit or units under the control of a camper.

An extension of the roof of a building or a freestanding structure that has a roof with support, but no walls.

(6-19-2008)

A business which prepares food and related items at one location for delivery, service and subsequent consumption off premises. Such a business may be a home occupation.

Any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery. No cemetery shall be established on a parcel that is less than two acres in area. New cemeteries which adjoin an existing cemetery may not be required to comply with the two-acre requirement. However, a special use permit is required. No interment shall be permitted within ten feet of any lot line within a commercial district or 25 feet of any lot line within a residential district. Where the proposed cemetery will adjoin an existing cemetery, the required setback shall not apply to the common lot line adjoining such cemetery. All new cemeteries or extensions thereof shall be required to provide perpetual care for all new burial lots. Each burial lot shall be a minimum of five feet by ten feet in size. The establishment and/or extension of cemeteries is prohibited in residential R-1 and R-2. Any such establishments and/or extensions shall apply to all political divisions of the Code of Virginia. No such establishment and/or extensions shall be permitted except by a special use permit granted by the board of zoning appeals.

(Ord. of 8-2-1999)

An official certification granted by the building official stating that a structure has met and conforms to the provisions of the zoning ordinance and building codes and may therefore be used or occupied.

(6-19-2008)

A document or series of document prepared by the planning commission which sets forth policies for the future land use of a community. (See Code of Virginia, § 15.2-2223 et seq.).

A rezoning procedure which allows an applicant to voluntarily propose (proffer) conditions that limit or qualify how his property may be used. The conditions proffered must relate to the rezoning itself and must be in accordance with the comprehensive plan. (See Code of Virginia, §§ 15.2-2201 and 15.2-2296 et seq.).

A system of separate ownership of individual units in a multiple-unit building or development. All the owners have a right in common to use the common elements of the building or development with separate ownership confined to the individual units. (See Code of Virginia, § 55-79.39 et seq.).

Individual ownership of a single unit or space in a multi-unit structure in which common ownership may exist of the land and other amenities as so specified in the source of title.

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.

See "vacation rental cottages."

A private agreement between the buyer and seller of a lot that asserts legal requirements on the use of land. Normally contained in the property deed or otherwise formally recorded, covenants are most commonly used to place restrictions on the use of all individual lots in the development or to prohibit certain specified activities. These restrictions may also be called deed restrictions or restrictive covenants. Enforcement is by legal action initiated by private individuals, not by government initiative.

Covenants can also be established for property owners in a given area who mutually agree to certain guidelines, policies and restrictions.

Covenants are usually established to maintain or preserve an area's architectural "look" or esthetics, or to assign financial responsibility for maintenance and upkeep of common grounds, community facilities, roads and parking areas.

A dead-end street with appropriate turnaround that affords safe and convenient movement of traffic.

A day care facility which provides care for more than five persons more than two and one-half years of age for less than 24 hours per day.

(Ord. of 4-3-1995)

Any structure identifying the entrance of a property. Such structure shall not exceed four feet in height, shall not exceed 15 feet in one direction and shall not exceed 30 feet in total length. Such placement shall not prohibit a 200-foot visual site view from the entrance location on the property.

(Ord. of 11-4-1996)

Land developed for three or more residences or for business or industrial purposes. Development may also be defined as the construction of structures, utility lines, or other physical changes on land that will exclude other uses within the foreseeable future. The term "development" excludes land in agricultural production. (See Code of Virginia, § 15.2-2201).

The sale of goods and/or services to the end user. Most retail sales are direct or end sales.

(6-19-2008)

(6-19-2008)

Districts as referred to in Code of Virginia, § 15.2-2280.

See "through lot."

A change in the zoning classification of land to a classification permitting development that is less intensive or more restricted, such as from multifamily to single-family or from commercial or industrial to residential.

See "two-family dwelling."

Any structure which is designed for use as permanent dwelling unit.

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. One dwelling unit consists of sleeping space, a sanitation system and kitchen facilities.

A dwelling unit is living space for one family or a household; however, a single dwelling unit may be set up to serve several unrelated individuals, as in the case of a boardinghouse or a bed and breakfast.

A dwelling unit may be part of a building containing two or more dwelling units or it may be a detached building for a single family.

A right given by the owner of land to another party for specific limited use of that land. Localities may preserve scenic areas, farmland or open space by means of a conservation easement which restricts development of the land.

The legal right of government to acquire or take private property for public use or benefit upon payment of just compensation to the owner. See also "right-of-way" and "taking" [sic].

A term coined to describe any zoning system which protects the more or less static pattern of existing uses by dividing a community into residential, commercial and industrial zoning districts and imposing building bulk and height controls. The term is derived from the landmark U.S. Supreme Court case of Euclid (Ohio) v. Ambler Realty Co. in 1926, which affirmed zoning as a legitimate function of local governments.

One or more persons, related by blood or marriage, occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, bed and breakfast, lodginghouse, tourist home, motel, or hotel.

Any manmade object or set of objects, which serves as, but is not limited to, a means of separating, demarcating, obstructing or barricading properties or parts of properties.

The vertical distance measured from natural undisturbed grade to the highest portion of the fence structure.

A map of an approved subdivision properly filed with and approved by the local government.

(6-19-2008)

That area between the front of the building (excluding steps but not a porch) and the front lot or street line, and extending across the width of the lot from which all buildings/structures are required to be excluded. The front setback is usually defined in distance, such as a front setback of 50 feet.

(Ord. of 11-01-1999)

The line at the front of the building or structure (excluding steps but not a porch) and extending across the width of the lot while meeting the appropriate setbacks. For a flag lot, the front lot line shall be the longest of the lines paralleling to the street (excluding the rear lot line). The shortest of the two may be used as the front lot line providing all setbacks can be met.

(Ord. of 11-01-1999)

The side of a lot nearest the street. The frontage of a corner lot is the shorter of the two sides facing a street. Frontage may also be described as a distance, e.g. "the lot has 243 feet of frontage."

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

See "building frontage."

See "lot frontage."

See "private garage."

See "public garage."

The Town Council of Chincoteague, Virginia.

A room which is intended, arranged or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation therefore, but in which no provision is made for cooking. Dormitories are excluded.

Circumstances which may unduly limit the use of a particular piece of property. The board of zoning appeals may grant a variance from the ordinance to alleviate undue hardship, but this shall be done in accordance with Code of Virginia, § 15.2-2309(2). Mere inconvenience or inability to obtain maximum profit is not considered a hardship.

Any exercise center, figure salon, fitness center, gymnasium, health club, health spa, or any other establishment by any other name which provides exercise equipment and dressing room, shower or toilet facilities, or any combination of such facilities, that are intended for patron use, but excluding facilities used by or under the direct supervision and control of licensed medical personnel located in a medical facility; facilities located in athletic departments of schools, colleges, universities; and facilities of professional athletic teams.

(Ord. of 4-13-1998)

The legally designated health authority of the state board of health for Accomack County or his authorized representative.

See "building height."

An occupation carried on by the occupants of a dwelling as a secondary use in connection with which there are no more than 16 square feet of display of products or inventory for sale visible from the road or adjacent dwellings. Such occupation must be a use permitted by right as defined in this ordinance. A current town business license is required. (See article VI, section C for parking regulations.) See "limited home occupation."

(Ord. of 4-7-1997)

Cross reference— Businesses, ch. 18.

An institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanatoriums, but in all cases excluding institutions primarily for mental patients, alcoholics or drug addicts. (Certain nursing homes, and homes for the aged may be "home occupations" if they comply with the definition herein.)

A special care hospital shall mean an institution rendering care primarily to mental patients, alcoholics or drug addicts.

Any place offering to the public for compensation transitory lodging and sleeping accommodations, overnight or otherwise, including but not limited to facilities known by various nomenclatures or designations as hotels, motels, travel lodges, or hostels.

A building designed or occupied as the more or less temporary abiding place for more than ten individuals who are, for compensation, lodged, with or without meals.

(6-19-2008)

(6-19-2008)

A lot bounded by a street or right-of-way on only one side; any lot other than a corner lot. See also "lot."

The solid part of the earth's surface not covered by water.

Includes warehousing and light manufacturing uses which produce some noise, traffic congestion or danger, but which are of such limited scale or character that they present no serious hazard to neighboring properties from fire, smoke, noise or odors. Examples are lumberyards; warehouses; research laboratories; food preparation or processing; auto, truck, marine or farm machinery sales and/or service shops; bakeries; bottling plants; electronic plants; storage of farm implements, not connected with agriculture or horticulture; contractors' storage yards; tobacco warehouses; steel or metal fabrication; and garment manufacturing.

Cross reference— Businesses, ch. 18.

An occupation carried on by the occupants of a dwelling as a secondary use in connection with which there is no exterior (visible from the road or adjacent dwellings) display of products or inventory for sale, on-site customer visitation is severely limited to the point where neighbors are not disturbed, and no one is employed other than members of the family residing on the premises. A current town business license is required. (See article VI, section C for parking regulations.) See "home occupation."

Cross reference— Businesses, ch. 18.

A parcel of land occupied or to be occupied by a main structure or group of main structures. Only one main or principal use, together with secondary, incidental, or accessory uses, is permitted on a lot as a matter of right in residential districts R-1, R-2 and R-3. Subject to other applicable provisions of the ordinance multiple main structures and uses are permitted in commercial districts C-1 and C-2.

Other uses, which do not constitute a secondary, incidental, or accessory use as defined under section 2.95 may be permitted, subject to the other applicable requirements of the ordinance, with a special use permit by the board of zoning appeals, if permitted as a matter of right in the applicable district, in accordance with article VIII, section 8.2.6 of this ordinance.

(Ord. of 4-13-1998)

The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line. See "building line."

The average horizontal distance between the front and rear lot lines.

The length of that part of a zoned lot that fronts a public street.

The boundaries of a lot.

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

The mean horizontal distance between the side lot lines of a lot measured at right angles to the lot depth; or the same distance measured at a point midway between the front lot line and the rear lot line; or at the building line (rear line of the required front yard), especially on irregularly shaped lots. See "building line."

The average horizontal distance between side lot lines.

The principal building or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot. All garages, carports, porches, stoops, stairways, sheds, and other structures attached in any significant way to the main structure shall be considered part of the main structure. (This shall not include fences or facilities attached by means of communication cables, plumbing pipes, or other utilities and like items.)

The main use of a lot or building, as distinguished from a secondary, incidental, or accessory use on the same lot.

A secondary, incidental, or accessory use is a use that while not necessary for utilization of the main use is a use that is customary or usual with the main use and is used directly in conjunction therewith. By way of example, a single-family dwelling is a main use.

A swimming pool for the use of the occupants thereof and their noncommercial personal guest is a secondary, incidental or accessory use.

A dock, including a boat lift(s), used in conjunction with the main use of a lot or structure, which is in compliance with all applicable county, state, and federal regulatory and statutory provisions and permitted by all required agencies, is a secondary, incidental or accessory use or structure.

A gazebo-type structure erected on a lot, the specific location of which is not subject to the jurisdiction of the Accomack County Wetlands Board, the Virginia Marine Resource Commission, and/or the United States Army Corps of Engineers, and used in conjunction with the main use of a lot or permitted building is a secondary, incidental or accessory use or structure.

(Ord. of 4-13-1998; Amended 1-18-2007)

The process and 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.

See the VUSBC.

A marina designed and operated for profit or operated by any club or organized group where hull and engine repairs, boat and accessory sales, packaged food sales, restaurants, personal services, fueling facilities, storage and overnight guest facilities or any combination of these are provided.

Cross reference— Water access facilities, ch. 70.

A marina designed and intended to be used for mooring of boats by residents of the general neighborhood with no commercial facilities other than necessary for minor servicing and repairs.

Cross reference— Water access facilities, ch. 70.

A permanent structure other than a roof attached to, supported by, and projecting from a building and providing protection from natural elements.

(6-19-2008)

See "wayside vendors."

(Amended 6-20-2019)

A structure transportable in one section, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent metal chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. For purpose of this ordinance, a mobile home is not considered a single-family dwelling.

Any area of five acres or more designed to accommodate not less than four nor more than ten mobile homes per acre and intended for residential use where residence is in mobile homes exclusively.

A modular home is a dwelling constructed at the manufacturer's facility and transported after construction on streets and highways in sections for assembly at a site on a permanent foundation. A modular home must be built to standards established in the Virginia Uniform Statewide Building Code. (See Code of Virginia, § 36-71.1 et seq.). This definition shall not include a travel trailer or mobile home. (See "mobile home," section 2.103 and "travel trailer," section 2.169).

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

Every private motor vehicle with a normal seating capacity of not more than ten persons, including the driver, designed primarily for use as living quarters for human beings.

A structure arranged or designed to be occupied by more than two families in more than two dwelling units.

The natural undisturbed ground level adjoining a structure or building in which no ground-disturbing activities have taken place.

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, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

An otherwise legal lot as defined that does not conform to the minimum area or width requirements of this ordinance for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

(6-19-2008)

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

A use that is not permitted by the zoning regulations of the district in which it is located. If it is established after the enactment of the ordinance, it is illegal and the property owner may be required to discontinue it. But, if it existed before the zoning regulations, it is a legal nonconforming use and may continue, although a new or different nonconforming use may not replace it. (See Code of Virginia, § 15.2-2307).

The total number of persons that are permitted to occupy a building or portion thereof at anyone time.

(6-19-2008)

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

Cross reference— Stopping, standing and parking, § 58-166 et seq.

Any space or area required to be free of buildings or structures in any front, side or rear yard.

An area usually laid out with walks, drives, playgrounds, etc., for public recreation.

An area ten feet wide by 20 feet long for parking a single normal sized vehicle, identified by either stone, gravel, blacktop, shells, bumpers or signs as applicable in this ordinance.

A use which is specifically authorized in the zoning district. A property owner is considered to have a "right" to this use if other standards (e.g. setbacks, sanitation permit, etc.) are met. See "conditional use" and "special exception."

A public body appointed under authority of the Code of Virginia whose duties include preparation of a comprehensive plan, zoning and subdivision ordinances, and a capital improvement program. The planning commission, appointed by the town council, consists of seven members who are residents of the town and who are considered to be qualified by knowledge and experience to make decisions on community growth and development. This body shall be known as the Planning Commission of Chincoteague, Virginia. (See Code of Virginia, §§ 15.2-2210—15.2-2222).

(Ord. of 4-3-1995)

Cross reference— Planning commission, § 2-131 et seq.

State law which authorizes local governments to prepare and implement comprehensive plans, zoning and subdivision ordinances and undertake other planning and zoning activities. Virginia's planning enabling legislation, contained in Code of Virginia, §§ 15.2-2200—15.2-2327, requires that localities have planning commissions and adopt comprehensive plans and subdivision ordinances. However, the adoption of the other implementation measures such as zoning ordinances, official maps and capital improvement programs is optional.

Cross reference— Land subdivision and development, app. B.

A place for outdoor games and recreation.

(6-19-2008)

Pony Penning sales is herein defined in this ordinance to mean and include all general sales within the town that are open to the public during the period beginning no sooner than the Saturday preceding Pony Penning and ending on the Saturday immediately following Pony Penning. A permit is required for conducting Pony Penning sales within the town in accordance with chapter 18 of this Code.

(Amended 9-7-2010, 5-7-2012)

(6-19-2008)

See "main use."

An accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multi-unit dwelling, the private garage may be designed and used for the storage of one and one half times as many automobiles as there are dwelling units. Note: if part of main structure, it can house more.

See "wayside vendors."

(Amended 6-20-2019)

A structure designed for use by a person, or persons, in offering an on-site service which requires a state license such as medicine, law, certified public accounting, dentistry and other like endeavors.

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

Public utilities may include electrical, telephone, cable television, gas, water and sewer systems and services. These systems and services include poles, lines, distributors, pedestals, pipes, meters, ditches, culverts, and other facilities necessary for the maintenance, delivery and disposal of such services.

Cross reference— Utilities, ch. 62.

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 therein set forth.

Cross reference— Utilities, ch. 62.

See "wayside vendors."

(Amended 6-20-2019)

Ordinarily that line of a lot which is opposite and farthest from the front lot line.

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.

The minimum distance by which any building or structure must be separated from the rear lot line.

See Code of Virginia, § 15.2-1806 et seq.

Cross reference— Parks and recreation, ch. 42.

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

Buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood and lumber yards).

An amendment to the zoning ordinance. Ordinarily, rezoning can take one of three forms:

(1)

A comprehensive revision or modification of the zoning text and map;

(2)

A text change in zone requirements; and

(3)

A change in the map, e.g. an area zoned for residential use is rezoned to commercial use.

Applications for rezoning are reviewed by the local zoning administrator and the planning commission. After receiving a recommendation from the planning commission and holding a public hearing, the governing body may approve or disapprove an application for rezoning. (See Code of Virginia, §§ 15.2-2204, 15.2-2286 and 15.2-2303).

A form of easement that grants the right of passage over the property of another. It may also be used to describe the land upon which a street or highway is located. See "easement."

Any public or private way set aside as a permanent right-of-way for motor vehicle travel and affording the principal means to abutting properties.

An area used for the sanitary disposal of solid waste by compacting and covering with earth on a daily basis.

An underground tank system for receiving waste matter to be putrefied and decomposed through bacterial action.

The minimum distance by which any building/structure or accessory building/structure must be separated from the front lot line. Exceptions are those items used as landscaping features such as fountains, birdbaths, planter boxes, etc., but not such items as gazebos, porches, or other structures upon which a person is intended to stand.

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

(10-19-2007)

(6-19-2008)

(6-19-2008)

(6-19-2008)

A structure arranged or designed to be occupied by one family, the structure having only one dwelling unit. A doublewide mobile home, where two or more sections are joined together to form one unit and constructed on a permanent footing and foundation, shall be considered a single-family dwelling, as will a manufactured home. A singlewide mobile home shall not be considered a single-family dwelling under this definition.

A plan, drawn to scale, showing uses and structures proposed for a parcel of land. See additional requirements of the zoning and subdivision ordinances.

The review by local officials, usually the planning commission and staff, to determine if site plans and maps of a developer meet the stated purposes and standards of the zoning and subdivision ordinances; provide for necessary public facilities such as roads and schools; and protect and preserve topographical features and adjacent properties through the appropriate locating of structures and landscaping.

A use category of a zoning ordinance which allows land uses that may have some characteristics which are incompatible with adjacent uses. The right to issue such special exceptions shall be delegated by the governing body to the board of zoning appeals. If issued by the board of zoning appeals such an exception is granted by "special use permit."

The issuing authority may impose such restrictions, conditions, etc., as they deem appropriate when granting such use; however, the public health, safety, morals and general welfare and the public objectives of zoning must be considered.

(Ord. of 4-3-1995)

The permit issued by the board of zoning appeals granting a special exception. See "special exception."

See "retail store/shop."

Any highway, street, avenue, boulevard, road, lane, alley or any public way.

Cross reference— Streets, sidewalks and other public places, ch. 50.

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

Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

The division of any tract, lot or parcel of land into four parts or more, regardless of whether the individual lots or tracts are sold, leased or rented.

Cross reference— Land subdivision and development, app. B.

Sales of retail or wholesale merchandise products sold from the area of a vehicle or mobile unit without the placement of any type structure.

See chapter 18, section 18-2 of this Code.

(Amended 6-5-2017)

An interior lot having frontage on two streets.

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

(Ord. of 4-5-1999)

A residential structure in which rooms are rented for short periods (less than 30 days) of time to individuals who are generally transient or tourist in nature.

At least three single-family dwellings that are connected to each other by common sidewalls, having individual ownership of unit and property, having fee simple title, and with open space on at least two sides and meeting setbacks as required.

A portable structure built on a chassis, designed to be towed behind a motor vehicle and used as a temporary occupancy for travel, recreation or vacation, being less than 40 feet in length.

Premises where travel trailers are parked in conjunction with travel, recreation or vacation. Permanent additions may not exceed the square footage of the original mobile unit. Any accessory building on the lot may not be more than 96 square feet. Minimum five-foot setback required for all structures.

A structure, located on a single lot, arranged or designed to be occupied by two families in two separate dwelling units, which meet all setbacks as required for a single structure; may be subdivided into separate ownership with less than the otherwise required square footage provided the front, side and rear setbacks are maintained as required, excluding any setback for the common center wall of the structure.

One or more rental buildings constructed independently of each other on the same lot. Cooking facilities may be provided for each unit. Such structures shall not be considered as single-family dwellings.

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

(Amended 12-5-2015)

See "wayside vendors."

(Amended 06-20-2019)

Uniform Statewide Building Code. (See Code of Virginia, §§ 15.2-1217, 36-97 and 36-119.1).

(6-19-2008)

Individual facilities, completely contained within a lot, for the provision of water and disposal of sewage, generally consisting of a septic tank and well.

A water or sewage treatment system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation, serving more than one lot.

Including but not limited to wholesale and retail marine activities, such as docks and areas for the receipt, storage and shipment of waterborne commerce; customary seafood and shellfish receiving, packing and shipping facilities. All such uses shall be contiguous to the waterfront. Only one building shall be permitted and shall be limited to a maximum of 500 square feet in size and must conform to the accessory building setbacks as required for this zoned area.

Mobile food units. Cargo type trailers that are fully self-contained "kitchens on wheels" and are pulled to various locations.

Produce or seafood units. Unility trailers, pickup truck beds, or open trailers which are open on all sides and pulled by a motor vehicle or driven to the site to sell seafood, produce or similar products.

Pushcarts. Devices that are designed to be pushed or pulled to various locations. Examples of such devices are those for hot dog sales, snow ball sales and similar type sales devices.

Vending trucks/vans. Enclosed commercial trucks or vans used to see commercial items.

(Ord. of 6-20-2019)

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

Yard sale is herein defined in this ordinance to mean and include all general sales within the town, open to the public, for the purpose of disposing of personal property including, but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market," or "rummage" sale.

Personal property shall mean property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

Permit. No permit is required for conducting a yard sale.

Duration of sale; hours of operation; frequency. Yard sales conducted under this section shall be limited in time to no more than three consecutive days per sale and may not be conducted more than four times per calendar year and are not permitted from and including the Saturday preceding Pony Penning through the Saturday following Pony Penning. Any sale exceeding this time period or otherwise not in compliance with this section will not be considered a yard sale and will be in violation of this section and will be considered a business and must comply with all applicable zoning and business licensing requirements.

(Amended 6-19-2008)

See Code of Virginia, §§ 15.2-730, 15.2-852, 15.2-2201, 15.2-2279, 15.2-2299 and 33.1-374.

The designated government official whose responsibility it is to administer the provisions of this ordinance.

See "rezoning."