For the purpose of this ordinance, certain words and terms are herein defined as follows; unless the obvious construction of the wording indicates otherwise, words used in the present tense include the future tense, words in the singular number include the plural number and words in the plural number include the singular number:

Accessory building or structure means a building or structure separate from the main building on a lot and used for purposes clearly subordinate to and customarily incidental to the principal use of the lot on which it is located and located upon the same lot occupied by the main use or building, provided that no such accessory building shall be used for housekeeping purposes. Where such building or structure is att ached by walls or roof to a main building, it shall be considered to be a part of the main building. On any lot upon which is located a dwelling, any building which is incidental to the conducting of any agricultural use shall be deemed to be an accessory building. A garage apartment is not an accessory building.

Accessory use means a use of land or a use of a building or structure for purposes customarily incidental and clearly subordinate to the principal use of the lot on which it is located.

"Adjacent" means "nearby" and not necessarily "contiguous."

Administrative official or zoning administrator means the official charged with the enforcement of the zoning ordinance. He may be any appointed or elected official who is by formal resolution designated to the position by the city council. He may serve with or without compensation as determined by the city council.

Agriculture means the tilling of 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 and dairies.

Alley means a passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots or upon which service entrances of buildings abut, and not intended for general traffic circulation, and which is less than 25 feet wide.

Alteration means any change in structure or total floor area.

Animal, domestic, means any animal generally considered a pet, such as dogs and cats.

Animal, farm, means any animal ordinarily associated with farming, such as horses, cows, pigs, sheep, etc.

Apartment house means a building used or intended to be used as the residence of four or more families living independently of each other.

Basement means 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, if it is subdivided and used for business purposes or for dwelling purposes.

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

Boarding house and rooming house means a building where, for compensation, lodging and/or meals are provided for at least five but not more than 14 persons.

Building means a structure having one or more stories and roof, designed primarily for the shelter, support or closure of persons, animals or property of any kind. This does not include mobile homes. The word "building" includes the word "structure."

Building, height of, means the vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the building 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 caves 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, means the principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon the lot.

Building official or inspector means the official designated with the responsibility of acting in the capacity of the building official by the city council. This designation may be changed from time to time by the city council. It may be a committee of the city council, the head of the building department, if there be one, or any other administrative, elected or appointed official.

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

Child day program means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24 hour period. Types of child day programs:

Child day center: Child day program offered to (a) two or more children under the age of 13 in a facility that is not the residence of the provider or any of the children in care; or (b) 13 or more children at any location. This use must meet the necessary state licensing requirements.

Family day home: Child day program offered in the residence of the provider or the home of any of the children in care for no more than 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. This must meet the necessary state licensing requirements.

City means the City of Covington, State of Virginia, and the term "city boundary" means any exterior boundary of the city.

City council, the, means the governing body of the City of Covington.

Club means an organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, providing there are not conducted any vending stands, merchandizing, or commercial activities except as required generally for membership and purposes of such clubs.

Code of Virginia includes "as amended."

Commercial motor vehicle means any motor vehicle or trailer used, designed, or maintained for the transportation of persons or property for compensation or profit, and which is one of the following types of vehicles: trucks, tractor cabs, farm tractors, construction equipment, motor passenger buses (including school buses currently used by a public or private institution of learning), trailers, semi-trailers, taxis, limousines, tow trucks, dump trucks, roll back tow trucks, flatbed trucks, or step vans, but not including vans, pickup trucks, panel trucks and automobiles.

Commission, the, means the City of Covington Planning Commission.

Construction standards means those construction standards as approved by the city council and the city building inspector or included in the Uniform Statewide Building Code.

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

(a)

Net density. The number of dwelling units per acre devoted to residential buildings and accessory uses within the site, but excluding land for public streets, parking, parks and playgrounds and other nonresidential uses.

(b)

Gross density. Computed on the basis of gross land area, including area devoted to streets and other nonresidential use, plus one-half of bounding streets and one-quarter of bounding street intersections.

Development means the process of erecting or causing to be erected buildings or structures on a lot, or land-disturbing activities incidental thereto.

District means "districts" as referred to in Code of Virginia, § 15.1-486.

Dwelling means any building, or portion thereof, which is designed for use for residential purposes, except hotels, boarding houses, lodging houses, tourist cabins and motels.

Dwelling, multiple-family, means a building arranged or designed to be occupied by three or more families.

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

Dwelling, two-family, or duplex means a building arranged or designed to be occupied by two families, the structure having only two dwelling units.

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

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

Family means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants), who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

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

Funeral parlor means an establishment used primarily for human funeral services, which may include facilities on the premises for:

(a)

Embalming;

(b)

Performance of autopsies or other surgical procedures;

(c)

Cremation.

Garage apartment means a private garage as defined previously that has one dwelling unit all located in the story above the automobile parking story. No dwelling unit may be placed over a one-car garage. No garage apartment can be higher than the main building.

Garage, private, means 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; provided, that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of 1½ times as many automobiles as there are dwelling units in the multiple dwelling.

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

Hardship means a situation used in appealing for variances that borders on confiscation. Inconvenience does not constitute hardship.

Home gardens means gardens in residential zones for the production of vegetables, fruits and flowers, generally for use and/or consumption by the occupants of the premises.

Home occupation means an occupation conducted in a dwelling unit, provided that:

(a)

No person other than members of the family residing on the premises shall be engaged in such occupation.

(b)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by the family, and not more than 25 percent of the floor area of the dwelling unit, or 25 percent of said floor area if conducted in an accessory building, shall be used in the conduct of the home occupation.

(c)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding the sign regulations of this ordinance.

(d)

There shall be no sales, other than items handcrafted on the premises, in connection with such home occupation.

(e)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in required front yard.

(f)

No equipment or process shall be used in such home occupation which creates noise, vibrations, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. Boarding houses and rooming houses, tourist homes and private educational institutions shall not be deemed home occupations.

Hotel, motel, tourist court, motor lodge means any group of dwelling units, combined or separated, used for the purpose of housing transient guests, each unit of which is provided with its own toilet, washroom and off-street parking facility.

Land use and use of land includes "building use" and "use of building."

Lines, established, means the line established by the fronts of the building in an existing block.

Lot means a parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this ordinance, and having not less than the minimum required frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds. The word "lot" includes the words "plot" and "parcel."

Lot, corner, means 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, means the average horizontal distance between the front and rear lot lines.

Lot, double frontage, means an interior lot having frontage on two streets.

Lot, interior, means any lot other than a corner lot.

Lot of record means a lot which has been recorded in the office of the Alleghany County Clerk.

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

Manufacture and/or manufacturing means the processing and/or converting of raw, unfinished materials or products, or any, or either of them, into an article or articles or substance of different character, or for use for a different purpose; industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.

Mobile home means a single-family dwelling designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbed, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operation, location on jacks or permanent foundations, connection to utilities and the like (see "travel trailer").

Mobile home park means lots and parcels of land designed for the temporary or permanent parking and occupancy of one or more mobile homes used for human habitation. The location and operation of these parks are governed by the health laws of Covington, the Uniform Statewide Building Code and the provisions of the Covington City Zoning Ordinance.

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

Person includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

Recreational equipment trailers means wheeled trailers used to transport items including, but not limited to, livestock, watercraft, ATVs, motorcycles, snowmobiles, etc.

Recreational vehicle means a vehicle built on a single chassis intended to be towed or self-propelled or attached to the chassis of another vehicle, and designed or used for recreational, travel or sporting purposes or for temporary living quarters in conjunction with such purposes. "Recreational vehicle" shall include, but shall not be limited to, travel trailers, pickup campers, camping trailers, motor homes, and converted trucks and buses.

Required open space means any space required in any front, side or rear yard.

Residential district(s), when not referring to a specified district, means any district established for single family dwellings, two-family dwellings or multi-family units. Those districts established by this article are R1, R2, R3, R4 and UR.

Setback means the minimum distance by which any building or structure must be separated from the front lot line. Where the dedicated street right-of-way is less than 50 feet, the setback shall be measured from a point which is 25 feet from the centerline of the street rather than the front lot line.

Shall. The word "shall" is mandatory.

State means the Commonwealth of Virginia.

Story means that portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, the space between the floor and the ceiling next above it.

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

Street or road means a public thoroughfare.

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

Structure means 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, including advertising signs and billboards.

Tourist home means a dwelling where only lodging is provided for compensation for up to 14 persons (in contra-distinction to hotels and boarding houses) and open to transients.

Townhouse means three or more single-family dwelling units constructed in a series or group with some common walls in which no dwelling unit is located over another.

Trailer court means any area or tract of land used or designed to accommodate two or more travel trailers.

Trailer, travel, means a vehicular unit mounted on wheels for use on roads propelled or drawn by its own or other motor power, and designed and constructed to provide for temporary living and/or sleeping quarters for one or more persons. A trailer is less than 29 feet in length and less than 4,500 pounds in weight, and is designed for human habitation.

Used includes "erected," "reconstructed," "altered," "placed" or "moved."

Utility trailer means car haulers or wheeled trailers used for the transport of livestock, work tools and equipment, hobby equipment, landscaping supplies, or other nonrecreational equipment.

Watercraft means a boat, ship or other water vehicle.

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

Yard, front, means an open space on the same lot with a building, between the front line of the building (exclusive of steps, stoops, not exceeding 24 square feet in area, eaves, cornices, window sills and belt course), and the front lot or street line and extending across the full width of the lot.

Yard, rear, means an open, unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps, stoops not exceeding 24 square feet in area, eaves, cornices, window sills and belt courses), and the rear line of the lot and extending the full width of the lot.

Yard, side, means an open, unoccupied space on the same lot with a building between the side line of the building (exclusive of steps, stoops not exceeding 24 square feet in area, eaves, cornices, window sills, and belt courses), and the side line of the lot and extending from the front yard line to the rear yard line.

(Ord. No. O-01-12, § I, 8-14-2001; Ord. No. O-11-02, 2-14-2012)

In case of any dispute over the meaning of a word, phrase, or a sentence, whether defined herein or not, the zoning administrator is hereby authorized to make a definitive determination thereof, being guided in such determination by the purposes and intent of this ordinance as set forth in article I; provided, however, that an appeal may be taken from any such determination as provided in article XIX.