Colonial Heights City Zoning Code

Contiguous or adjoining; having property or zoning district lines in common, or separated by a right-of-way.

A means of approach, to provide vehicular or pedestrian physical entrance to a property.

A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building.

A use of land, or a building or structure or portion thereof, customarily incidental and subordinate to the principal use of the land or building or structure and located on the same lot with such principal use.

The total amount of area, including land unsuitable for development.

The total area of land suitable for development.

Any construction that increases the gross floor area of a building or structure, or results in an expanded footprint of a building or structure on the ground.

Within an Architectural District, the "adjacent area" to a lot upon which residential construction is proposed shall include the properties within the district containing the next two primary residential structures on each side of the lot in question. "Adjacent area" shall also include any structure on any lot in the district across the street from the lot of proposed construction, any lot lines of which, when extended, would cross any part of any of the lots noted above.

The Zoning Administrator of the City of Colonial Heights, or an authorized agent thereof.

A right-of-way that provides secondary vehicle and service access to abutting properties that have frontage on one or more streets.

Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, or any enlargement or reduction of a building or structure, whether horizontally or vertically, or the moving of a building or a structure from one location to another.

A modification to this chapter, including the text or associated maps that have been approved by the Colonial Heights City Council.

A communication device that transmits or receives electromagnetic signals. Antennas may be directional, including panels and microwave dishes, or omni-directional including satellite dishes, whips, dipoles, and parabolic types. An antenna does not include the tower or other supporting structure to which it is attached.

A shelter constructed of rigid or non-rigid materials on a supporting framework, either freestanding, or projecting from and supported by an exterior wall of a building.[1]

That portion of a building that is partly or completely below grade plane. A basement shall be considered a story above grade where the finished surface of the floor above the basement is (i) more than six feet above grade, (ii) more than six feet above grade for more than 50% of the total building perimeter, or (iii) more than 12 feet above the finished ground at any point.

A landscaped earthen mound, incorporated as part of a site design, and intended to enhance the compatibility of abutting or nearby properties through the mitigation of sound, the screening of views, and/or the visual enhancement of a property's landscaped character.

A practice, or combination of practices as determined by the appropriate state and/or local agencies to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with the water quality goals of the City of Colonial Heights and/or the Commonwealth of Virginia.

The Colonial Heights Board of Architectural Review as established in § 286-318 of the Code of the City of Colonial Heights.[2]

The City of Colonial Heights Board of Zoning Appeals, also referred to in this chapter as the BZA.

A small vessel propelled on water by oars, sails, or an engine.

The creation of an opening in an individual's body, other than an individual's ear, to insert jewelry or another decoration.

A commercial type motor vehicle with an enclosed loading space with a rear or side door for loading.

A commercial type motor vehicle with an aerial work platform at the end of a hydraulic lifting system. Other common names are boom lift, cherry picker, or basket crane.

(Chesapeake Bay Overlay District) An area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances.

A yard improved with screening and/or landscaping materials required between abutting zoning districts of differing intensities or between adjoining land uses for the purpose of decreasing the adverse impact of differing uses and districts.

Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, activity, process, equipment, goods or materials of any kind.

That portion of a lot, which when viewed from directly above, would be covered by any building or structure. For the purposes of this definition, lot shall include contiguous lots of the same ownership within a single zoning district which are to be used, developed or built upon as a unit.

The vertical distance measured from the average adjoining grade on all sides of a building or structure to the highest point of a flat roof, the deck line of a mansard roof, or in the case of a pitched, gambrel or hip roof, the mean level between the eaves and the highest point of the roof.

When viewed from above, the line, parallel to the street right-of-way, that passes through the point of the principal building nearest the street right-of-way.

When viewed from above, the line, parallel to the rear lot line, that passes through the point of the principal building nearest the rear lot line.

When viewed from above, the line, parallel to a side lot line, that passes through the point of the principal building nearest the side lot line.

A commercial type motor vehicle used to transport a large capacity of passengers, equipment, and/or luggage.

A trailer that is pulled with a motorized vehicle that is fit or suitable for recreational camping which generally contains facilities for sleeping and cooking.

An adult who provides care for a mentally or physically impaired person within the Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom he is caring.

For the purposes of this chapter, official certification that premises conform to all applicable provisions of the City of Colonial Heights Zoning Ordinance and may be lawfully used or occupied.

A perceptible natural or artificial waterway which periodically or continuously contains moving water confined to a definite bed and banks.

Any land designated by the City Council pursuant to Part 111, 9 VAC 10-20-10 et seq. of the Chesapeake Bay Preservation Area Designation and Management Regulations, and § 10.1-2107 of the Code of Virginia.[3] A "Chesapeake Bay Preservation Area" shall consist of a resource protection area and a resource management area.

The Charter of the City of Colonial Heights Virginia.

An alternative means of subdividing land that concentrates building density in specific areas of a site to allow the remaining land to be permanently reserved for the preservation of environmentally-sensitive features and open space.

The Code of Virginia 1950, as amended

The delivery of goods, products, materials or other items associated with a home occupation by any means or frequency other than that which would normally occur in a residential neighborhood.

The Planning Commission of the City of Colonial Heights, Virginia.

A commercial type motor vehicle having a rotating drum on an inclined axis used to discharge concrete.

A building or group of buildings, created pursuant to the Virginia Condominium Act, § 55-79.39 et seq., Code of Virginia, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

Structures for which construction commenced on or after the effective date of this chapter and including any subsequent improvements to such structures.

The City Council of Colonial Heights, Virginia.

A space at least 18 inches in height under the first floor of a structure between the grade and the bottom of the floor joists.

An exterior floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers, or other independent supports.

The transfer of private property to public ownership upon written acceptance.

The number of dwelling units permitted per unit of land, commonly expressed as dwelling units per acre.

Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations.

The horizontal perimeter of any cleared, graded, disturbed or otherwise modified areas that when viewed directly from above is inclusive of any existing or proposed buildings or structures, parking and loading areas and any other surfaces that are impermeable or substantially impervious to stormwater or have been disturbed or modified as a result of existing or proposed development of redevelopment of a site.

A zoning district as described and permitted by § 15.2-2280 et seq. of the Code of Virginia.

Any portable outdoor container intended or used for the collection and temporary storage of donated goods, such as but not limited to clothing, shoes, toys, books, and similar household items. The term “donation collection bin” shall not include solid waste or recycling containers or receptacles.

A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

A commercial type motor vehicle having an open-box bed, which is hinged at the rear and lifts at the front, used to transport loose material and to be unloaded behind the truck.

A room or group of rooms connected together containing cooking, bathroom and sleeping facilities constituting a separate, independent housekeeping unit, physically separated from any other dwelling unit in the same structure.

A portion of a lot or acreage reserved for present or future use by a person or entity other than the fee simple owner of the lot or acreage. Easements may exist on the ground, or under or above the lot or acreage.

Any business, enterprise or other land use permitted by this chapter.

Architectural character, general arrangement of the exterior of a structure, general composition, including the kind, permanent color (excluding paint) and texture of the building material and type and character of all windows, doors, light fixtures, signs and appurtenant elements.

One or more persons related by blood, marriage, or adoption, or under approved foster care, or a group of not more than four persons (including domestic help) living together as a single housekeeping unit.[4]

A commercial type motor vehicle having an entirely flat and level platform body.

The sum of the horizontal areas of a building which is intended for human habitation and use and which has a floor to ceiling height of 6 1/2 feet or greater. Areas excluded from the finished floor area would include unfinished basements and attics, storage and utility rooms, and garages.

The sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the center line of such common wall. Gross floor area shall exclude interior parking and loading spaces, and airspace above atriums.

A building for the private use of the owner or occupant of a principal residential building situated on the same lot as the principal building for the storage of motor vehicles.

The effect produced by lighting, with a brightness or intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Any or all of the services provided by the City to its citizens for the purpose of maintaining the City, and shall include but shall not be limited to such services as constructing, repairing and maintaining roads and sewage facilities, supplying and treating water, providing streetlights, and constructing public buildings.

Soils (excluding vegetation) with an erodibility index (EI) from sheet and riff erosion equal to or greater than eight. The erodibility index for any soil is defined as the product of the formula "RKLST," where "K" is the soil susceptibility to water erosion in the surface layer; "R" is the rainfall and runoff; "LS" is the combined effects of slope length and steepness; and "T" is the soil loss tolerance.

Soils with a given potential to transmit water through the soil profile. "Highly permeable soils" are identified as any soil having a permeability equal to or greater than six inches of water movement per hour in any part of the soil profile to a depth of 72 inches (permeability groups "rapid" and "very rapid") as found in the "National Soils Handbook" of November 1996, in the "Field Office Technical Guide" of the United States Department of Natural Resources Soil Conservation Service.

Any area delineated by City Council and consisting of public or private property within the City containing one or more historic landmarks as established by the Virginia Historic Landmarks Commission or one or more areas, neighborhoods, sites, places, structures, objects, artifacts or buildings in which historic events occurred or reflecting significantly the lives of historic personages or great ideas or ideals of the people or having special public value because of notable architectural or other features relating to the cultural and artistic heritage of the community, state or nation, including but not limited to archaeological, architectural, economic, ethnic, military, natural, political, religious or social factors. Such landmarks, buildings, structures or areas shall have been designated by City Council as being of such historic, architectural or cultural interest and significance as to warrant conservation and preservation.

A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include but are not limited to roofs, buildings, streets, parking areas and any concrete, asphalt or compacted gravel surface.

Utilization of vacant land in previously developed areas.

Any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land.

The improvement of the appearance of an area by the planting of trees, grass, shrubs, or other plant materials.

Space for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.

A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivision, or as otherwise permitted by law.

A lot abutting on two or more streets at their intersection, or on two parts of the same street forming an interior angle of less than 135°.

That portion of a lot, which when viewed from directly above, would be covered by any building or structure, parking and loading areas and other surface which is impermeable or substantially impervious to stormwater. Gravel parking areas shall be considered impervious. For the purposes of this definition, lot shall include contiguous lots of the same ownership within a single zoning district which are to be used, developed or built upon as a unit.

The average horizontal distance between front and rear lot lines.

An interior lot having frontage on two streets.

A panhandle or flag-shaped lot with its widest point (called the "flag") set back from the road at the rear of another lot, and having a thin strip of land (called the "pole") with a minimum width of 28 feet connecting to the road to provide legal access and frontage.

The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot which abuts a street shall be considered frontage. On curvilinear streets the arc between the side lot lines shall be considered the lot frontage.

A lot, other than a corner lot.

A lot of such a shape or configuration that technically meets the area, frontage and width to depth requirements of this chapter but meets these requirements by incorporating unusual elongations, angles, curvilinear lines unrelated to topography or other natural land features.

A lot which has been recorded in the office of the Clerk of the appropriate court.

The mean horizontal distance between the side lot lines. The mean shall consist of the straight line horizontal distances of the front and rear lot lines and the distance of a line connecting the midpoints of the side lot lines. Provided however, that for a flag-lot, no part of the pole shall be considered in calculating such distances.

The lowest enclosed area, including basement, of any structure. An unfurnished or flood-resistant enclosure usable solely for the 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 the applicable non-elevation design requirements of this chapter.

A structure, transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length, or, when erected or placed on a site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code. A manufactured home shall contain one dwelling unit. Some manufactured homes are also referred to as mobile homes.

A combination of two or more use types within a single structure.

A person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in § 63.2-2200 of the Code of Virginia as certified in a writing provided by a physician licensed by the Commonwealth.

A dwelling unit constructed on-site in accordance with the Virginia Uniform Statewide Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

A single pole structure, usually self supporting, used to support antennas.

Any natural stream, river, creek, waterway, gully, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks.

A lot, the area, dimensions or location of which was lawful at the time the lot was created, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this chapter.

Any structure the size, dimensions or location of which was lawful when erected or altered, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this chapter.

A use or activity which was lawful when originally established, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this chapter.

Pollution consisting of constituents such as sediment, nutrients and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development and use.

An organization or activity which has obtained nontaxable status from the U. S. Internal Revenue Service.

Weeds that are difficult to control effectively, such as Johnson grass, kudzu and multiflora rose.

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

Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may be passive or active. Passive open space remains in a completely undeveloped state and lacks formal facilities. Active open space has developed facilities such as recreation centers, playgrounds, swimming pools, tennis and basketball courts, and similar facilities.

Land within or related to a development, not individually owned or dedicated for public use, which is intended for the common use or enjoyment of the residents of the development and may include such complementary structures as are necessary and appropriate. Common open space may include recreation centers, playgrounds, swimming pools, tennis and basketball courts, and similar facilities.

Any area of open space considered as undevelopable acreage based on the presence of one or more of the following:

Any area of open space that is designated for community recreational uses, to include but not limited to uses such as swimming pools, athletic fields, tennis courts, basketball courts, golf courses, playgrounds, boating docks, walking, bridle and bicycle trails.

The display and sale of products primarily outside of a permanent building or structure, including vehicles, garden supplies, plant materials, tires, oil and other vehicle maintenance supplies, food and beverages, fireworks and holiday decorations.

The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than 24 consecutive hours.

A district established by this chapter to prescribe special regulations to be applied to a site in combination with the underlying or base district.

A level landscaped or surfaced area, constructed of any materials, directly adjacent to a principal building, and without walls or a roof.

Occurring or existing on a regular or continual basis.

Any corporation, association, partnership, one or more individuals or any unit of government or agency.

A component of a PUD that encompasses 20% or more of the PUD.

A development, constructed on a tract of at least five acres, planned and developed as an integral residential neighborhood unit. The subdivision shall consist of five or more lots of five acres or less, each lot designed and intended for the construction of a residential dwelling.

Roofed open areas, which may be glazed or screened, usually attached to or part of and with direct access to or from, a building.

A building or structure in which the primary use of the lot on which the building is located is conducted.

The main use of land or structures as distinguished from a secondary or accessory use.

Unless otherwise specifically indicated, private shall mean anything not owned, operated, provided and/or maintained by a local, state, or federal government.

The open air sale of agricultural products such as vegetables, fruits, herbs, grains, mushrooms, flowers, potted or bedding plants, honey, meat, dairy or eggs directly to the public by a group of farmers or producers that occurs on a regular basis (no more than once per week for a minimum of 12 weeks in a calendar year) on privately owned land. Handcrafted products (such as wooden furniture, or textiles) or value added products (such as jam or beeswax candles) or other handmade food products (such as baked goods) may be sold; but sellers of these goods may not comprise the majority of the vendors. Flea markets, yard sales, wayside stands, auctions, and the sale of items from a truck are not "private farmers' markets."

Unless otherwise specifically indicated, public shall mean anything owned, operated, provided and/or maintained by a local, state, or federal government.

A water or sewer system owned and operated by: (1) a municipality, public service authority or county; or, (2) a private individual or a corporation approved and properly licensed by the State Corporation Commission prior to the adoption date of this chapter; and meeting the requirements of the State Health Department and/or Virginia Department of Environmental Quality.[5]

A small nonmotorized vehicle which is generally pulled by a motorized vehicle and features an open-top or enclosed rear cargo area and is used for the hauling of light loads.

A large motorized vehicle that often contains a bathroom, kitchen, and beds for use during travel and camping; commonly referred to as an RV.

The process of developing land that is or has been previously developed.

The cost of restoring a damaged building or structure to its original condition. Replacement cost shall include reasonable estimates of the cost of materials and labor and shall be compared with the assessed value as determined by the City of Colonial Heights to determine the percentage of the cost of improvements.

That component of the Chesapeake Bay Preservation Area that is not classified as the resource protection area.

That component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.

A legally established area or strip of land, either public or private, on which an irrevocable right of passage has been recorded.

A method of visually shielding or obscuring one or more abutting or nearby structures or uses from other structures or uses by fencing, walls, berms or by densely planted vegetation. Screening is intended to substantially obscure the visual impacts between adjoining uses.

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

A group of commercial establishments planned, constructed and managed as a total entity with shared access, customer and employee parking provided on site, provision of goods' delivery separated from customer access, aesthetic considerations and protection from the elements.

A boundary line between a body of water and the land. This line shall consist of the sloping margin of, or the ground bordering a stream, river, reservoir, lake etc., and serve to define the limits of, and confine the waters to, the natural channel or impoundment during periods of normal flow or volume.

Any letters, figures, designs, symbol, trademark, advertisement or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise, that is painted, printed or constructed and displayed in any manner out-of-doors for recognized advertising purposes, and any advertising structure to which such letters, figures, designs, symbol, trademark, advertisement or illuminating device may be attached.

Any temporary sign, attached to a structure or freestanding, used for a commercial message.

Any sign projecting beneath the underside of any structural overhang or passageway.

Any sign attached to, displayed on, or incorporated within an awning.

Any temporary sign of lightweight fabric or similar material that is mounted to a pole or a building by a permanent frame at one or more edges.

Any sign outside of the public street, road and highway rights-of-way which (a) is 10 feet or more in height or 32 square feet or more in area, or both; and (b) advertises any business, commodity, service, facility, activity or entertainment sold or offered or conducted elsewhere than upon the same parcel of land where the sign is located.

Any sign supported by uprights or braces or any other devices, or painted on or otherwise attached to any building or structure, and not meeting the definition of a freestanding sign.

Any freestanding sign listing the names, times, use and locations of various services, offices or activities within a building or group of buildings of (a) a public or semiprivate use, (b) a not-for-profit or religious use, or (c) a medical office, clinic or hospital.

Any sign attached to, displayed on, or incorporated within a canopy.

Any temporary sign identifying the architect, developer, engineer, financier, contractor or other individual or firm involved with construction, including announcements of the character of the building, enterprise or purpose for which the building is intended.

Any sign whose major purpose is to direct attention to the location of any business, commodity, service, facility or entertainment conducted, sold or offered upon the same lot where the sign is erected.

The out-of-doors display of merchandise labeled or conspicuously sited denoting items for sale on the premises.

A computer-controlled variable-message electronic sign.

Any sign supported by uprights or braces placed on or in the ground, or any object on the ground, not attached to any building.

Any freestanding sign less than eight feet in height.

Any historical marker, monument, sign or notice, on public or private property or any public street, road or highway, bearing any legend, inscription or notice which purports to record an historical event, incident or fact directed in the City of Colonial Heights, conforming to the requirements of Title 10.1, Chapter 22, of the Code of Virginia.

Any signs secondary to the primary designation or advertising of premises, including but not restricted to directional signs and historical markers.

Any canopy or covered structure, supporting a sign, projecting from or extending beyond a building facade when such canopy or covered structure is supported by the building. This category shall include signs mounted upon a cantilever where there is no other structural purpose for the cantilever.

Any freestanding sign that contains three or more independent businesses or uses.

A sign which advertises a commodity, product, service, activity or any other person, place or thing, which is not located, found, or sold on the premises upon which such sign is located.

A thin flat plate or tablet intended for ornamentation, used only for building or occupant identification and bearing no advertisement.

Any freestanding sign which is eight feet or more in height.

Any temporary sign relating to the election of a person to public office, to a political party or to a matter to be voted upon at an election called by a duly constituted and recognized public body.

Any temporary sign, including traffic control message sign, which by its construction or nature may be or is intended to be freely moved from one location to another.

Any sign not otherwise defined by this section which is attached to a building or other structure and extends beyond the vertical surface of that portion of the building or structure to which it is attached, or any sign and/or advertising structure which extends more than 15 inches from the face of the wall or structure. "Horizontal projecting sign" means any sign which is greater in width than in height. "Vertical projecting sign" means any sign which is greater in height than in width.

Any temporary sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed.

Any sign erected, constructed or maintained wholly or partially upon or over the roofline of any building, with the principal structural support on the roof structure. This term shall include any sign, otherwise classified, which protrudes above the roofline.

Any temporary portable freestanding sign, characterized by an A-frame or other similar shape or design.

Any freestanding sign used pursuant to § 286-524 of this chapter.

Any temporary sign used to promote fund-raisers or other similar events that benefit religious, charitable, military, fraternal or community service organizations or that promotes employee safety or similar corporate or organizational promotional activities.

Any sign, banner or advertising display or sign constructed of light fabric, cardboard, wallboard, paper or other light materials, with or without frames, intended to be displayed for a limited period of time. Notwithstanding any other provisions of this chapter, national flags, state or municipal flags, or the official flag of any institution or business, shall not be considered a temporary sign.

Any temporary sign painted on or attached to a vehicle, which sign relates to the business, activity, use, service or product of the owner of the vehicle or to the sale of the vehicle and which sign is incidental to the primary use of the vehicle.

Any sign which is affixed directly to, painted on or otherwise inscribed on a wall or parapet wall of any building or structure, with the exposed face of the sign in a plane approximately parallel to the plane of such wall and extending therefrom less than 18 inches. A wall sign projecting above the top of the wall to which it is attached shall be considered a roof sign.

Temporary signs that include banners, balloons, inflatables and strings of pennants or flags that are used for advertising or display.

Any permanent sign oriented to the public right-of-way, legible to pedestrians or persons in vehicles, or identifiable from an adjoining property line, and placed either on the outside of a window, on the inside face of a glass window or inside a building and within a distance of the window such that it is intended for viewing from the exterior.

A temporary sign used to display advertising for yard or garage sales.

Forest management activities, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that are conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to § 10.1-1105 of the Code of Virginia and are located on property defined as real estate devoted to forest use under § 58.1-3230 of the Code of Virginia.

Terrain generally classified as having a 25% vertical rise to the horizontal run.

A use with operating and/or physical characteristics different from those uses permitted by right in a given zoning district which may, nonetheless, be compatible with those by-right uses under special conditions and with adequate public review. Special exceptions are allowed only at the discretion and approval of City Council following review and recommendation by the Planning Commission and staff.

(a) Less than completely and opaquely covered: (1) Human genitals, pubic region, (2) buttock, and (3) female breast below a point immediately above the top of the areola; and (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(a) Human genitals in a state of sexual stimulation or arousal; (b) acts of human masturbation, sexual intercourse, or sodomy; and (c) fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

Any tower that is designed so that all of its structural components including the associated antenna are camouflaged, disguised or otherwise hidden for the purpose of making the tower and antennae unnoticeable to the casual observer, or otherwise unrecognizable as a tower.

A platform, without a roof, located at the entrance of a building with sufficient area to facilitate only the ingress and egress to the building.

A portable or moveable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, valuables, or merchandise (typically known as PODS, MODS, etc.)

That portion of a building included between the surface of any floor and the floor next above it, or if there is not a floor above it, then the space between the floor and the ceiling above it.

Any vehicular way which: (1) is an existing federal, state or municipal roadway: or, (2) is shown on a plat approved pursuant to law; or, (3) is approved by other official action. The term street shall include road and highway. Unless otherwise indicated, the term street shall refer to both public and private streets.

A street with only one outlet and an appropriate turnaround for a safe and convenient reversal of traffic movement.

Anything that is constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to buildings, signs, manufactured homes and swimming pools. Walls and fences shall not be deemed structures except as otherwise specifically provided in this chapter.

An establishment where tattooing and/or body piercing is performed as the principal business activity.

Expansion or modification of a building or site which would result in a disturbance of land exceeding an area of 2,500 square feet.

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50% of the market value of the structure before such damage occurred.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement for a structure to comply with existing state or county health, sanitary or safety code specifications which are solely necessary to assure safe living condition or any alteration of a structure listed on the National Register of Historic Places or the state landmarks register.

Within a PUD, any change that significantly alters and/or impacts the character of an approved master plan.

A commercial type motor vehicle having a cylindrical tank lying on chassis and designed to carry liquids or gases.

The transmitting and receiving of electromagnetic signals through the atmosphere.

Land contiguous to a tidal body of water between the mean low water level and the mean high water level.

A commercial type motor vehicle used to recover and tow disabled vehicles. There are three main types of tow trucks: flatbed, wheel-lift, and hook and chain.

For purposes of this ordinance, transient shall refer to the limited, temporary and/or short-term occupancy, associated with the hotel/motel/motor lodge or extended stay lodging use types. Transient occupants must have, and be able to demonstrate that they maintain, a principal place of permanent residence elsewhere.

An activity on the land other than development, including but not limited to agriculture, horticulture and silviculture.

A reasonable deviation from the provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure in accordance with, and as further defined in § 15.2-2201 of the Code of Virginia.

A development of land that cannot exist outside of the resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include but are not limited to ports; the intake and outfall structures of power plants; sewers; marinas and other boat docking structures; beaches and other public water-oriented recreation areas; and fisheries or other marine resources facilities.

All areas defined by the United States Army Corps of Engineers as wetlands.

A board of seven members as provided in § 28.2-1303 of the Code of Virginia.

Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the United States Environmental Protection Agency pursuant to Section 404 of the Federal Clean Water Act, in 33 CFR 328.3b, dated November 13, 1986.

All that land lying contiguous to mean low water and which land is between mean low water and mean high water not otherwise included in the term "vegetated wetlands" as defined herein.

Vegetated and nonvegetated wetlands as defined in § 28.2-1300 of the Code of Virginia.

All that land lying between and contiguous to mean low water and an elevation above mean low water equal to the factor 1.5 times the mean tide range at the site of the proposed project in this City, and upon which is growing on the effective date of this chapter or grown thereon and subsequent thereto anyone or more of the following: salt marsh cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata), black needlerush (Juncus roemerianus), saltwort (Salicornia species), sea lavender (Limonium species), marsh elder (Iva frutescent), groundsel bush (Baccaharis halimifolia), wax myrtle (Myrica species), sea oxeye (Borrichia frutescent), arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata), big cordgrass (Spartina cynosuroides), rice cutgrass (Leersia oryzoides), wild rice (Zizania aquatica), bulrush (Scirpus validus), spikerush (Eleocharis species), sea rocket (Cakile edentula), southern wild rice (Zizaniopsis miliacea), cattails (Typha species), three-squares (Scirpus species), buttonbush (Cephalianthus occidentalis), bald cypress (Taxodium distichum), black gum (Nyssa sylvatica), tupelo (Nyssa aquatica), dock (Rumex species), yellow pond lily (Nuphar species), marsh fleabane (Pluchea purpurascens), royal fern (Osmunda regalis), march hibiscus (Hibiscus moscheutos), beggar's tick (Bidens species), smartweed (Polygonum species), arrowhead (Sagittaria species), sweet flag (Acorus calamus), water hemp (Amaranthus cannabinus), reed grass (Phragmites communis) and switch grass (Panicum virgatum).

A required open space on a lot, unoccupied and unobstructed from the ground upward, unless otherwise provided by this chapter.

A yard between the front building line and the street right-of-way extending across the full width of the lot.

A yard between the rear line of the building and the rear line of the lot extending the full width of the lot.

A yard between the side line of the building and the side line of the lot extending from the front lot line to the rear lot line.

The Zoning Administrator of the City of Colonial Heights, Virginia, or an authorized agent thereof, also referred to in this chapter as the Administrator.