For the purpose of this chapter, certain words and terms are defined in this section 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.

(1)

The term "shall" is mandatory.

(2)

The term "building" includes the term "structure"; the term "lot" includes the terms "plot" and "parcel."

(3)

The terms "land use" and "use of land" shall be deemed to also include the terms "building use" and "use of a building."

(4)

The term "used" shall be deemed also to include the terms "erected," "reconstructed," "altered," "placed," and "moved."

(5)

The term "state" means the Commonwealth of Virginia.

(6)

The term "county" means the County of Craig, Commonwealth of Virginia and the term "county boundary" means any exterior boundary of the county or any boundary of unincorporated territory within the county.

(7)

The term "construction standards" means those construction standards as approved by the board of supervisors and county building inspector and included in the Uniform Statewide Building Code.

(8)

The term "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

(9)

The term "Code of Virginia" shall include the term "as amended."

(10)

The term "adjacent" means the same as "nearby" and not necessarily the same as "contiguous."

(Ord. No. 09-01, 3-5-2009)

In case of any dispute over the meaning of a word, phrase, or a sentence, whether defined in this chapter 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 chapter as set forth in section 58-6; provided, however, that an appeal may be taken from any such determination as provided in section 58-61.

(Ord. No. 09-01, 3-5-2009)

The following word, terms, and phrases, when used in this chapter, shall have the meanings scribed to them in this section, except where the context clearly indicates a different meaning:

Abattoir means a commercial slaughterhouse.

Access means a means of approach or admission.

Accessory use or building means a use or building customarily incidental and subordinate to the principal use of the main building or lot but located upon the same lot.

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

Active solar collector means any device or combination of devices or other elements which rely upon sunshine as an energy source and is capable of collecting not less than 25,000 BTUs on a clear winter solstice day for use in:

(1)

The heating or cooling, or both, of a building or other structure;

(2)

The heating of water;

(3)

Use in industrial, commercial, or agricultural processes; or

(4)

The generation of electricity

In addition to such uses, the use of the solar collector may include other uses, such as, but not limited to, serving as part of a roof of a building or other structures or serving as a window or wall or otherwise serving as a structural member of a building or other structure.

Administrator means the official charged with the enforcement of this chapter. He may be any appointed or elected official who is by formal resolution designated to the position by the board of supervisors. He may serve with or without compensation as determined by the board of supervisors and may be known as the "zoning administrator."

Adult group home means a dwelling unit occupied by not more than eight physically handicapped, mentally ill, mentally retarded, and other developmentally disabled persons not related by blood or marriage. The operation of the group home shall conform to all state requirements for such residences.

Agriculture means 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.

Airport (including airpark, gliderport, flight strip, airfield, and heliport) means a place where aircraft may take off and land, discharge or receive cargoes and/or passengers, be repaired, take on fuel, or be stored.

Airport, private, means any airport licensed by the state as a private airport, used primarily by the airport licensee, but available for use by others upon specific invitation of the licensee.

Airport, public, means any publicly or privately owned airport licensed by state as a public airport, which meets minimum safety and service standards and is open for use to the general flying public.

Alley means a right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties.

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

Antique shops and gift shops means a commercial establishment which is used primarily for the indoor display and retail sale of merchandise, primarily furniture, silverware, glassware, and other curios and collectibles, the value of which is derived from age, rarity, and materials of such items and/or the workmanship of a particular historic period; flea markets and furniture stores shall not be included.

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

Automobile graveyard means any lot or place which is exposed to the weather upon which more than one motor vehicle of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located, or found. Allowed only as a conditional use.

Automobile service station or garage. Automobile service stations shall be considered as businesses having buildings, including accessory buildings, which are designed and used for the service and repair of automobile and fender repair, painting and engine overhaul. Noise, glare, fumes, and smoke are common characteristics of automobile service stations and garages.

Basement means a story having part but not more than one-half of its height above grade. A basement shall be counted as a story for the purpose of height regulations if it is used for business purposes.

Bed and breakfast means a residence occupied by an owner-operator providing accommodation for compensation with no more than five guest rooms. A bed-and-breakfast establishment may serve meals to its guests. Meals shall be served only to overnight guests of a bed-and-breakfast establishment.

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 between any of the foregoing and any other barrier to the continuity of the development.

Board of supervisors means the county board of supervisors, the governing body.

Board of zoning appeals means the county board of zoning appeals.

Buffering and screening means natural growth or fencing which shall serve as a barrier to vision and noise between adjoining properties, wherever required by this chapter. Natural growth shall be construed to mean coniferous trees, bushes, and shrubbery which shall be a minimum of four feet high when planted. Bushes and shrubbery shall be continuous. Trees shall be planted every ten to 15 feet depending on the circumstances. Such natural growth shall be maintained. Fencing shall be uniform in nature and construction.

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

Building, accessory, means a subordinate structure customarily incidental to and located upon the same lot occupied by the main structure.

Building, height of, means the vertical distance measured from the lowest point of the structure to the highest point of the structure.

Building inspector means an appointed official of the county who is responsible for certifying building inspections.

Building, main, means the principal structure 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.

Business means any wholesale, retail, or service activity established to carry on trade for a profit.

Camp, day, means a lot, tract, or parcel of land operated as either a commercial or noncommercial enterprise in which seasonal facilities are provided for all or any of the following: camping, picnicking, boating, fishing, swimming, outdoor games and sports, and activities incidental and relating to the foregoing, but not including miniature golf grounds, golf driving ranges, mechanical amusement devices, or permanent structures for housing of guests.

Child care center means a private or public facility operated for the purpose of providing care, protection, and guidance to more than five children separated from their parents or guardians during a part of a day and which is licensed or approved to operate as a child care center.

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 they are not conducting any vending stands, merchandising, or commercial activities except as required generally for membership and purposes of such clubs.

Cluster development or clustering means a land development technique that concentrates buildings and structures in specific areas on a lot, site, or parcel to allow the remaining land to be used for recreation, open space, and/or preservation of features with environmental, historical, cultural, or other significance. The techniques used to concentrate buildings may include, but shall not be limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open space being devoted by deed restrictions for one or more uses.

Commission means the planning commission of the county.

Conditional use permit means a permit granted by the board of supervisors which authorizes the construction or establishment of a conditional use, subject to conditions set forth in this chapter or set by the board of supervisors at the time the conditional use permit is granted.

Convenience store means a retail store designed and stocked to sell primarily food, beverages, and other household supplies to customers. Convenience stores may also sell gasoline, diesel fuel, propane and kerosene. It is designed to attract a large volume of stop-and-go traffic. Hours of operation of such stores may also be extended over other types of food stores.

Dairy means a commercial establishment for the manufacture and sale of dairy products.

Districts are referred to in Code of Virginia, §§ 15.2-2280, 15.2-2281.

Drive-in eating establishment means any place or premises used for the sale, dispensing, or serving of food, refreshments, or beverages in automobiles including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in motor vehicles on the premises; a refreshment stand, a fast-food or primarily a carry-out establishment.

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

Dwelling, multifamily, means a structure arranged or designed to be occupied by three or more families. The term "dwelling, multifamily" may include apartment or townhouse-type units.

Dwelling, portable, means a modular unit having wheels or designed to be transported on wheels, with body width exceeding eight feet or body length exceeding 32 feet, designed to be used as a dwelling when attached to a permanent foundation and when connected to the required utilities. This type of dwelling is not a manufactured home (see the definition of "manufactured home"). Such units include:

(1)

Double-wide or triple-wide portable dwelling. A portable dwelling consisting respectively of two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.

(2)

Expandable portable. A portable dwelling with one or more room sections that fold, collapse, or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.

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

Dwelling, two-family or duplex, means a structure arranged or designed to be occupied by two families, the structure having only two dwelling units. The units may be arranged one above the other or be semidetached.

Dwelling, triplex, means a building designed as a single structure, containing three separate living units, each of which is designed to be occupied as a separate permanent residence for one family.

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

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

Family means one or more persons related by blood, adoption, or marriage living and cooking together as a single housekeeping unit as distinguished from an unrelated group occupying a boardinghouse, lodginghouse, tourist home, or hotel. The term "family" also includes two persons living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage.

Farm means a contiguous parcel or tract of land of five or more acres not separated by property owned by another person which produces an agricultural product providing an income of at least $1,000.00 annually to the owner and on which the owner has his principle place of residence.

Forestry means the use of land for the control and cultivation of trees, conservation, and management of the harvesting of trees and the operation of commercial sawmills, loading equipment, and administrative offices to transfer the timber product from the field to wood products industries.

Foundation, permanent, means a continuous permanent masonry, wood or metal skirting around the perimeter of the structure, unpierced except for required ventilation and access shall be installed under all elements of the building. Footings for walls shall be below the frost line. The ground surface below the home shall be protected with a poly-vapor barrier. Installation shall include a positive surface water drainage away from the home.

Frontage means the minimum width of a lot measured from one side lot line to the other along the street upon which the lot fronts.

Funeral parlor means an establishment used primarily for human funeral services, which may include such facilities on the premises as embalming, performance of autopsies or other surgical procedures, and cremation.

Garage, private, means an accessory building designed or used for the storage of vehicles owned and used by the occupants of the building to which it is an accessory.

General store, country, means a single store, the ground floor area of which is 4,000 square feet or less and which offers for sale primarily groceries and general hardware articles. Gasoline, diesel fuel, propane and kerosene may also be offered for sale but only as a secondary activity of a country general store.

Golf driving range means a limited area on which golf players do not walk but onto which they drive golf balls from a central driving tee.

Governing body means the board of supervisors of the county.

Guesthouse means dwelling or lodging units for temporary nonpaying guests in an accessory building. No such quarters shall be occupied by the same guests, exclusive of family members, for a period of more than three months in any 12-month period, and no such quarters shall be rented, leased, or otherwise made available for compensation of any kind.

Health official means the director of the county department of health or his designated deputy; also the "health officer."

Historical area means as indicated on the zoning map to which the provisions of this chapter apply for protection of a historical heritage.

Hog farm means a farm where hogs are kept as the primary agricultural enterprise. A permit from the state department of environmental quality is required for farms with 300 or more animal units. Additional EPA and state DEQ requirements (confined animal feeding operation regulations) for farms with more than 750 swine must also be met.

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

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

(1)

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

(2)

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 accessory building shall be used in the conduct of the home occupation.

(3)

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 regulation of this chapter.

(4)

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

(5)

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

(6)

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 of 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. Boardinghouses and rooming houses, tourist homes, and private educational institutions shall not be deemed home occupations.

Hospital, sanitarium, sanatorium means any institution receiving in-patients and rendering medical, surgical, and/or obstetrical care. This shall include general hospitals and institutions in which service is limited to special fields such as cardiac, eye, ear, nose, and throat, pediatric, orthopedic, skin and cancer, mental, tuberculosis, chronic disease, and obstetrics. The term "hospital" shall include special care facilities such as sanitariums and sanatoriums wherein feeble-minded and mental patients, epileptics, alcoholics, senile psychotics, and drug addicts are treated of cared for under the supervision of licensed medical personnel.

Inoperable vehicle means any motor vehicle which is not in operating condition or which for a period of 90 days or longer has been partially or totally disassembled by removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle; and for which there is no valid inspection sticker.

Junk yard and salvage yard means any land or building used for the abandonment, storage, keeping, collecting, or bailing of paper, rags, scrap metals, other scrap or discarded materials or for abandonment, demolition, dismantling, storage, or salvaging of automobile or other vehicles not in running condition, machinery or parts thereof.

Kennel means a place prepared to house, board, breed, handle, or otherwise keep or care for dogs for sale or in return for compensation.

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

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

Lot area means the total horizontal area included within the rear, side and front lot lines or proposed street lines of the lot, excluding any streets or highways, whether dedicated to public use, including off-street automobile parking area and other accessory uses.

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 shorter of the two sides fronting on streets.

Lot, depth of, means the average horizontal distance between the front lot line and the rear lot line, measured along a straight line.

Lot, double frontage, means an interior lot having frontage on two streets which are parallel or approximately parallel.

Lot, interior, means any lot other than a corner lot, but including a through lot.

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

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

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

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

Manufactured home park means any area designed to accommodate two or more manufactured homes intended for residential use on the same parcel.

Manufactured home subdivision means lots and parcels of land which have been planned and improved for the exclusive use of manufactured homes. These lots will be individually owned by the manufactured home dweller and the subdivision shall be planned, designed, and approved in accordance with chapter 54 of this Code.

Motel, hotel, 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.

Nonconforming activity means 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 chapter for the district in which it is located, either on the date of this chapter became effective or as a result of subsequent amendments to this chapter.

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

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

Nursing home means a place devoted primarily to the maintenance and operation of facilities for the treatment and care of any person suffering from illness, diseases, deformities, or injuries not requiring extensive and/or intensive care that is normally provided in a general hospital or other specialized hospital. This facility shall meet applicable requirements of all state agencies for health services and sanitation.

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

Preserves and conservation areas means an area in which the renewable resources of soil, water, and wildlife forest are protected and managed in accordance with principles that ensure their optimum economic and social enjoyment.

Public facilities shall be considered for the purposes of this chapter to be any public works supplied generally by a governmental organization. Such public works shall include, but not be limited to, public roads, schools, water supply and sewer facilities, and police and fire protection facilities.

Public utilities means a group of uses which provide essential energy-related and communication services to the general public. These include, but are not limited to, electric, natural gas, water and sewer, and telephone companies; their distribution and transmission lines; poles and towers; and substations, pumping stations, and storage facilities. By definition some of these activities are industrial in nature although local distribution facilities usually are compatible uses in residential areas.

Recreation area and park means any establishment operated as a public or private enterprise in which seasonal facilities directly related to outdoor recreation are provided for all or any of the following: camping, lodging, picnicking, boating, fishing, swimming, outdoor games and sports, and activities incidental and related to the foregoing. A private recreation area does not include miniature golf grounds, golf driving ranges, mechanical amusement devices, or accessory uses such as refreshment stands, equipment sales, or rentals.

Recreational vehicle 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.

Restaurant means any building in which food or beverages are dispensed for consumption including, among other establishments, cafes, tea rooms, confectionery shops, or refreshment stands.

Retail stores and retail shops means a commercial enterprise that provides merchandise directly to the consumer, where such merchandise is available for immediate purchase and removal from the premises by the purchaser.

Sanitary landfill means a method of disposing of refuse on land without creating nuisances or hazards to public health or safety by utilizing the principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary. Excludes hazardous waste landfills as defined by the state department of health. Sanitary landfills are regulated by the state department of environmental quality.

Sawmill means a portable sawmill located on a private property for the processing of timber cut only from that property or nearby. Not intended to be a commercial sawmill.

Setback means the minimum distance by which any building structure must be separated from the property lines.

Sign means any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to, or as a part of a structure, surface, or any other thing, including, but not limited to, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one square foot in area is excluded from this definition.

(1)

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

(2)

Home occupation or identification. A sign not exceeding four square feet in area directing attention to a product, commodity, or service available on the premises, but which product, commodity, or service is clearly a secondary use of the dwelling.

(3)

General advertising. A sign which directs attention to a product, commodity, or service not necessarily available on the premises.

(4)

Location. A sign which directs attention to the approximate location of an establishment from which the advertised product may be obtained.

(5)

Directional. A directional sign is one (one end of which may be pointed or on which an arrow may be painted) indicating the direction to which attention is called, four square feet or less in area, giving the name only of the farm or business responsible for the erection of such sign.

Sign structure includes the supports, uprights, bracing, and framework of any structure, be it single-faced, double-faced, V-type, or otherwise, exhibiting a sign.

Sign, temporary, means a sign applying to a seasonal or other brief activity such as, but not limited to, summer camps, horse shows, auctions or sale of land. Temporary signs shall conform in size and type to directional signs.

Small-scale solar installation means any device or combination of devices or other elements which rely upon sunshine as an energy source for use in:

(1)

The heating or cooling, or both, of a building or other structure;

(2)

The heating of water;

(3)

Use in industrial, commercial, or agricultural processes; or

(4)

The generation of electricity.

In addition to such uses, the use of the small-scale solar installation may include other uses, such as, but not limited to, serving as part of a roof of a building or other structures or serving as a window or wall or otherwise serving as a structural member of a building or other structure.

Solar agricultural generator means the use of solar equipment to generate electricity on a lot zoned for agricultural purposes such that the use is accessory to the primary agricultural use, pursuant to Code of Virginia, § 56-594.2.

Special exception permit means a permit granted by the board of supervisors which authorizes the construction or establishment of a special exception use. A special exception permit runs with the land and is transferable to successive property owners.

Special exception use means a use permitted in a particular zoning district only upon authorization of a special exception permit granted by the board of supervisors.

Stable, commercial, means an establishment where animals are cared for, boarded, and/or let for hire.

Storage, material and equipment yard means any place, lot, shelter, or establishment, or part thereof, which is exposed to the weather and which contains machinery, equipment, building materials, building furnishings, wire, cables, barrels, drums, other containers, culvert pipes, tires, appliances, or freight.

Store means a business use.

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

Street, road, means a public thoroughfare which affords principal means of access to abutting property.

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

Structure means anything constructed or erected the use of which requires permanent location on the grounds or attachment to something having a permanent location on the ground. The term "structure" includes, among other things, dwellings, buildings, signs, etc.

Tourist court, auto court, autel, cabin means a building or buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

Tourist home means a dwelling where only lodging is provided for compensation for up to 14 persons, in contradiction to hotels and boardinghouses, and open to transients.

Use, accessory, means a subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

Utility scale solar installation means a renewable energy project that generates electricity from sunlight, consisting of one or more photovoltaic systems and other appurtenant structures and facilities within the boundaries of the site, and is designed to interconnect with the electrical grid and/or serve facilities that are not adjacent or under common use, ownership, or control. In the context of this ordinance, the acreage and boundary representing a utility scale solar installation includes the entirety of the area leased for use as a solar generating site.

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

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

Wind generator means wind-powered machines that deliver electricity for exclusive use for an individual structure. All such devices shall be approved by the zoning administrator before installation.

Yard means an open space on a lot other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided in this definition:

(1)

Front. An open space on the same lot as a building between the front line of the building, excluding steps, and the front lot or street line and extending across the full width of the lot.

(2)

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

(3)

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

(Ord. No. 09-01, 3-5-2009; Ord. No. 2024-04, 10-3-2024)

Cross reference— Definitions generally, § 1-2.

This chapter is for regulating and restricting the use of buildings, structures, and the use of land and providing for the administration, enforcement, and amendment thereof in the County of Craig, Virginia and for such purposes of dividing the county into districts. This chapter shall be known as the Zoning Ordinance of the County of Craig, Virginia.

(Ord. No. 09-01, 3-5-2009)

Whereas, by act of the General Assembly of Virginia, as provided in Code of Virginia, § 15.2-2280, and amendments thereto, the governing body of any county may, by ordinance, classify territory under its jurisdiction or any substantial portion thereof into districts of such number, shape, and size as it may deem best suited to carry out the purposes of the article, and in each district it may regulate, restrict, permit, prohibit, and determine the following:

(1)

The use of land buildings, structures, and other premises for agricultural, business, industrial, floodplain, and other specific uses;

(2)

The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;

(3)

The areas and dimensions of land, water, and air space to be occupied by buildings, structures and uses, and of courts, yards, and other open space to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used; and

(4)

The excavation or mining of soil or other natural resources.

(Ord. No. 09-01, 3-5-2009)

(a)

It is ordained by the county board of supervisors upon the recommendation of the county planning commission and having given due notice of public hearings on this chapter and having held such hearings, that the zoning regulations and districts set forth in this chapter are for the purpose of promoting and improving the public health, safety, convenience, or welfare and to plan for the future development of the county and of further accomplishing the objectives of Code of Virginia, § 15.2-2280, as amended, and therefore, this chapter is hereby known as the Zoning Ordinance of Craig County, Virginia, together with the accompanying official zoning map on file in the offices of the county clerk.

(b)

This chapter has been designed to give reasonable consideration to each of the following purposes, where applicable:

(1)

To provide for adequate light, air, convenience of access, and safety from fire, flood, and other dangers;

(2)

To reduce or prevent congestion in the public streets;

(3)

To facilitate the creation of a convenient, attractive, and harmonious community;

(4)

To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, flood protection, schools, parks, playgrounds, forests, recreational facilities, airports, and other public requirements;

(5)

To protect against destruction of or encroachment upon historic areas;

(6)

To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light or air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic, or other dangers;

(7)

To encourage economic development activities that provide desirable employment and enlarge the tax base;

(8)

To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;

(9)

To protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities;

(10)

To promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the locality as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated; and

(11)

To provide reasonable protection against encroachment upon military bases, military installations, and military airports and their adjacent safety areas, excluding armories operated by the Virginia National Guard.

Such ordinance may also include reasonable provisions, not inconsistent with applicable state water quality standards, to protect surface water and ground water as defined in Code of Virginia, § 62.1-255.

(Ord. No. 09-01, 3-5-2009)

This chapter, and the map referred to in section 58-6(a), have been drawn with reasonable consideration for the existing use and character of property, the existing land use plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the housing, schools, parks, playgrounds, recreation areas, and other public services, for the conservation of natural resources, the preservation of floodplains, for the conservation of properties and their values, and the encouragement of the most appropriate use of land throughout the county.

(Ord. No. 09-01, 3-5-2009)

The regulations, restrictions, and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified, or repealed by the board of supervisors, provided:

(1)

The planning commission shall hold at least one public hearing on such proposed amendment after notice as required by Code of Virginia, § 15.2-2204 and may make appropriate changes in the proposed amendment as a result of such hearing. Upon the completion of its work, the commission shall present the proposed amendment to the board of supervisors together with its recommendations and appropriate explanatory materials.

(2)

Before approving and adopting any amendments, the board of supervisors shall hold at least one public hearing thereon, pursuant to public notice as required by Code of Virginia, § 15.2-2204, after which the board of supervisors may make appropriate changes or corrections in the proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice required by Code of Virginia, § 15.2-2204. An affirmative vote of at least a majority of the members of the board of supervisors shall be required to amend this chapter.

(Ord. No. 09-01, 3-5-2009)

Fees allowed by the Code of Virginia § 15.2-2286 A.6 for administrative review and processing of zoning permits, certificates of occupancy, site plans, rezoning requests, special exceptions, uses not provided for (special uses), amendments, public hearing advertising, variances, and nonconforming uses shall be published under a separate fee schedule and reviewed annually by the zoning administrator prior to approval by the board of supervisors.

(Ord. No. 09-01, 3-5-2009)

Any person, whether as owner, lessee, principal, agent, employee, or otherwise, who violates any of the provisions of this chapter or permits any such violation or fails to comply with any of the requirements of this chapter or who erects any building on any land in violation of any detailed statement or plan submitted by him and approved under the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $10.00 nor more than $1,000.00. Each day upon which such violation continues shall constitute a separate offense.

(1)

Violations. Any building erected contrary to any of the provisions of this chapter and any use of any building or land which is conducted, operated, or maintained contrary to any of the provisions of this chapter shall be a violation of this chapter and the same is hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus, abatement, or any other appropriate action to prevent, enjoin, abate, or remove such erection or use in violation of any provision of this chapter.

(2)

Notice of violation. Upon becoming aware of any violation of any provision of this chapter, the zoning administrator shall serve notice of such violation on the person committing or permitting the same, and if such violation has not ceased within such reasonable time as the zoning administrator has specified in such notice, he shall institute such action as may be necessary to terminate the violation.

(Ord. No. 09-01, 3-5-2009)

The remedies provided for in this chapter are cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Ord. No. 09-01, 3-5-2009)

Whenever a violation of this chapter occurs or is alleged to have occurred any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the zoning administrator. He shall record properly such complaint, immediately investigate, and take action thereon as provided in this chapter.

(Ord. No. 09-01, 3-5-2009)