For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Any word, term or phrase used in this chapter not defined below shall have the meaning ascribed to the word in the most recent edition of Webster's Third New International Dictionary Unabridged, published by Merriam Webster Incorporated, unless in the opinion of the zoning administrator, established customs or practices of the town justify a different or additional meaning.

Abutting means contiguous adjoining; having property or district lines in common; or being separated by a right-of-way, alley or easement.

Access means a way of approaching or entering a property; includes ingress and egress.

Accessory means a secondary use or structure, and includes the terms ancillary and incidental.

Accessory apartment means a second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is an accessory use to the principal dwelling and shall conform with all use, setback and other requirements of this chapter.

Accessory structure means a subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental to the principal structure and use, is subordinate in area, extent or purpose to the principal structure and use, and is customarily provided or required for the principal structure and use. This term shall not include portable storage containers.

Accessory use means a use that is clearly incidental to and customarily found in connection with the principal use; is subordinate to and serves a principal use; is subordinate in area, extent and purpose to the principal use; and contributes to the comfort, convenience or necessity of occupants, business or industry of the principal use; and is located on the same lot as the principal use; except as may be provided for under the provisions for off-street parking. Religious assembly is an accessory use in a single-family detached dwelling if conducted in accordance with the Uniform Statewide Building Code and if parking is provided in accordance with section 27-209 of this chapter.

Acre means a measure of land area equating to forty-three thousand five hundred sixty (43,560) square feet.

Addition means any construction which increases the size of a building or structure.

Adjacent means lying near, but not necessarily contiguous.

Adjacent ground elevation means the mean elevation of the surface of the ground between a point touching the exterior wall of a building and a point three (3) feet in distance from such wall measured perpendicularly there from.

Adjoining (See "abutting").

Administrator means the town's zoning administrator, or his or her designee, who is charged with the responsibility of interpreting and administering this zoning ordinance.

Adult day care center (See "day care center, adult.")

Adult bookstore or adult video store means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas." A "principal business activity" exists where the commercial establishment meets any one or more of the following criteria:

(1)

At least thirty-five (35) percent of the establishment's displayed merchandise consists of said items, or

(2)

At least thirty-five (35) percent of the wholesale value of the establishment's displayed merchandise consists of said items, or

(3)

At least thirty-five (35) percent of the retail value (defined as the price charged to customers) of the establishment's displayed merchandise consists of said items, or

(4)

At least thirty-five (35) percent of the establishment's revenues derive from the sale or rental, for any form of consideration, of said items, or

(5)

The establishment maintains at least thirty-five (35) percent of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items shall be included in "floor space" maintained for the display, sale, or rental of said items); or

(6)

The establishment maintains at least five hundred square feet (500 square feet) of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items shall be included in "floor space" maintained for the display, sale, or rental of said items); or

(7)

The establishment regularly offers for sale or rental at least two thousand (2,000) of said items; or

(8)

The establishment regularly features said items and regularly advertises itself or holds itself out, by using "adult," "adults-only," "XXX," "sex," "erotic," or substantially similar language, as an establishment that caters to adult sexual interests.

Under this chapter, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

Adult cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, regardless of whether alcoholic beverages are served, which regularly features live conduct characterized by seminudity. No establishment shall avoid classification as an adult cabaret by offering or featuring nudity.

Adult motion picture theater means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

Agriculture means the production of plants and animals useful to humans, including field crops, pasture, fruits, vegetables, floral and greenhouse products, sod, viticulture, silviculture, aquaculture, pet farms, poultry and other fowl, horses and other livestock, including owning, breeding, leasing, training and recreational usage of livestock, and the primary processing and storage of agricultural goods produced on the premises for distribution to final processing plants and markets.

Alley means a public or private way permanently reserved as a secondary means of access to abutting property.

Alteration means any change in the total floor area, use, adaptability or external appearance of an existing structure including any change or rearrangement in the supporting members of a structure, such as bearing walls, columns or beams, or additions or reductions in usable space, but not including superficial changes such as paint colors or siding materials.

Amendment means any repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a zoning district; or any repeal, change, addition or abolition of any part of the zoning map.

Animal crematorium (See "crematorium.")

Animal hospital means a facility for the provision of surgical or other medical treatment to animals. Such animals may be kept in the facility during the recovery period or while under medical treatment only.

Apartment means a dwelling unit in a multiple-family dwelling or apartment house; a multiple-family dwelling unit.

Apartment house means a building or portion thereof used or intended to be used as the residence of three (3) or more families living independently of each other, and containing three (3) or more dwelling units, not including group, row or townhouses; a multiple-family dwelling.

Architectural review board means a review board as authorized in Code of Virginia, § 15.2-2306 and as provided for in section 27-131 of this chapter.

Assisted living facilities means a broad category of housing accommodation which may include the following types of facilities for elderly or disabled persons (also see "senior housing facility").

Authority means permit issuing body.

Automobile detailing means services performed on automobiles or small trucks or vans which include manual waxing, washing, buffing, striping, window tinting and similar refurbishing, involving no production line, automated or semi-automated equipment.

Automobile wrecking yard means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or inoperable vehicles or their parts and/or the presence on any lot of three (3) or more motor vehicles which have not been capable of operating under their own power for thirty (30) or more days and which parts have been or are to be removed for reuse or sale, shall constitute an automobile wrecking yard. An automobile wrecking yard is considered to be a junkyard.

Bank means a business establishment concerned with financial banking; excludes consumer loan companies. (See "financial institutions.")

Barber shop (or beauty salon) means a personal service business providing hair care and cosmetology services for male and/or female clients.

Basement means a floor or portion of a floor in which the floor area is located more than four (4) feet below the grade at the perimeter walls.

Bed and breakfast or tourist homes means a single-family dwelling, or portion thereof, where short-term lodging, with or without meals, is provided for compensation to transient guests only, and the operator lives on the premises or in adjacent premises.

Berm means a landscaped earthen mound intended to screen, buffer, mitigate noise and generally enhance views of parking areas, storage areas or required yards, particularly from public streets and adjacent properties.

Best management practice (BMP) means a structural device that temporarily stores or treats urban stormwater runoff to reduce flooding and remove pollutants.

Beverage manufacturing shop means a retail establishment in which ingredients for the manufacture or production of beer or wine are sold, and/or in which beer or wine is manufactured for on-premise and off-premise consumption.

Bikeway means any facility that provides for bicycle travel and may be one of the two following types:

(1)

Bike trail: A completely separate right-of-way designed for alternative transportation use. Cross flows by pedestrians and motorists are minimized. This may also be referred to as a multi-use trail.

(2)

Bicycle lane: That portion of a roadway designated by signs and/or pavement markings for the preferential use of bicycles, electric power-assisted bicycles, and mopeds.

Boardinghouse means a residential structure that provides lodging for four (4) or more people with or without meals for compensation, is available for long term occupancy only, and which makes no provision for cooking in any of the rooms occupied by paying guests.

Body-piercing salon means any place in which a fee is charged for the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature, as defined in Code of Virginia § 54-700.

Building means any structure having a roof supported by walls which is solidly enclosed with structural materials, glass or other solid material that does not allow air to flow through. The word "building" is included within the word "structure."

Building, accessory, means a subordinate and separate building located upon the same lot occupied by the main structure. Accessory buildings shall not be used for housekeeping purposes.

Building, height of, means the vertical extent of a building measured in stories, not including a raised basement or a habitable attic.

Building, main, means the principal structure or the principal building on a lot, or the building containing the principal use on the lot. The terms "main" and "principal" have the same meaning in this ordinance when referring to structures, buildings and uses.

Campground means a low-intensity, recreational lodging facility which accommodates visitors on a temporary basis in tents, cabins or other rustic shelters.

Car wash, not self service means any staffed cleaning facility for motor vehicles, in which the cleaning is performed by employees.

Car wash, self service means a cleaning facility for motor vehicles where the cleaning is physically performed by someone other than an employee, using supplies, equipment and water from the facility and including coin-operated facilities.

Carnival means a traveling amusement show.

Cemetery means property used for the interring of the dead, in which columbariums and mausoleums may be used.

Characterized by means describing the essential character or quality of an item.

Child care center means any establishment which is licensed or approved as a child care center in the Commonwealth of Virginia by the Virginia Department of Social Services, that enrolls two (2) or more children under the age of thirteen (13) in a facility that is not the residence of the provider or of any of the children in care or thirteen (13) or more children at any location for whose care tuition, fees or other forms of compensation are charged. A child care center may include nursery schools or kindergartens. Other facilities for which the purpose is primarily education, recreational, or medical treatments that are not exempt from licensure by the Virginia Department of Social Services, and child care centers operated by religious institutions exempt from licensure are considered child care centers.

Church means a place of religious worship or assembly, the primary use of which is for the assembly of people to participate in or hold religious services or other related religious activities, and which may include subordinate uses such as administrative offices, classrooms for religious instruction and meeting halls. The term "church" shall not carry a secular connotation and shall include any building used for religious services by any denomination.

Circus means a public entertainment consisting typically of a variety of performances by acrobats, clowns and trained animals.

Clinic (See "medical care facility").

Club means those associations and organizations of a fraternal, recreational, cultural, artistic or social character not primarily operated or maintained for profit, but the term shall not include night clubs or other institutions operated as a business nor shall it include churches or places of worship.

Commercial recreation/entertainment means businesses that are available to the public whose primary operation is to provide recreation or entertainment opportunities to its clients for a fee. Representative examples include: pool halls, video or game arcades, bowling alleys, nightclubs, dance halls, golf driving ranges, batting cages, water slides, and recreation facilities whose operation does not primarily include instruction, and which does not include amusement or theme parks.

Commercial use means an occupation, employment, or enterprise that is carried on for profit or not for profit by the owner, lessee, or licensee. (Also see "retail stores and shops.")

Common usable open space means space that allows for pedestrian and/or recreation activity that includes landscaping, sidewalks, outdoor seating, plazas, picnic areas, gazebos, playgrounds, etc. These areas are typically broken up within the development but are linked by sidewalks or multi-purpose trails. These areas are not intended to accommodate vehicle traffic. Private yards and street rights-of-way are not considered common usable open space. A maximum of fifty (50) percent of the required open space may be located in the floodplain or steep slopes that exceed a 4:1 grade, or twenty-five (25) percent slope.

Comprehensive plan means the current comprehensive plan of the town as amended and adopted by the town council in accord with Code of Virginia § 15.2-2226.

Concept development plan means a general, conceptual plan of development for a site, showing the type, location and density of land uses, public amenities, open spaces, transportation facilities, and other major features of the development. (Also see "site plan" and "subdivision plat.")

Condemned structure means any structure that the town has formally determined to be a danger to the public health or safety and which must therefore be repaired or removed, in accord with Code of Virginia § 15.2.

Condominium means real property or interests therein which is lawfully submitted for approval as a condominium in accord with the provisions of the Condominium Act, Code of Virginia § 55-79.

Congregate living facility (See "assisted living facilities.") means a residential facility for semi-dependent living, containing two (2) or more dwelling units for four (4) or more persons fifty-five (55) years of age or older or couples where either the husband or wife is fifty-five (55) years of age or older, within which are provided living and sleeping facilities, as well as various other services such as meal preparation, laundry services and the like.

Conservation easement means an easement granting a right or interest in real property that retains land or water areas predominately in their natural, scenic, open, or wooded condition, preserving such areas as suitable habitat for fish, plants or wildlife, or maintaining existing land uses.

Contiguous (See "abutting.")

Contributing structure means a structure which by itself, or in conjunction with other structures or places, has important historic, cultural or architectural interest, including a historic landmark.

Convalescent home (See "nursing home" or "assisted living facilities.")

Convenience store means any retail establishment offering for sale a relatively limited selection of prepackaged food products, household items, and other related goods, providing quick service and having a gross floor area of not more than seven thousand five hundred (7,500) square feet.

Coverage (See "lot, coverage.")

Crematorium means a building containing a furnace for reducing dead bodies, either animal or human, to ashes by burning.

Cul-de-sac means a street with only one (1) outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement.

Cultural facility means an establishment such as museums, art galleries, libraries, and botanical gardens of an historic, educational or cultural interest.

Dairy means a commercial establishment that manufactures and may sell dairy products and includes feed lots or other facilities for keeping livestock.

Day care center, adult means a licensed establishment operated as a commercial enterprise or public facility which is operated only during a part of any twenty-four-hour day with no overnight accommodation, for the purpose of providing supplementary care and protection to four (4) or more aged, infirm, or disabled adults who reside elsewhere.

Density means the number of residential dwelling units per acre of land of the site.

Development means any manmade change to improved or unimproved real estate including, but not limited to, construction or substantial structural alteration of buildings or other structures, the placement of manufactured homes, filling, mining, dredging, grading, paving, excavation or drilling operations.

Dimensional standards means any area regulation, setback, yard, open space, lot width or other dimensional criteria.

District means a geographic area of the town within which certain zoning or development regulations apply, in accord with Code of Virginia § 15.2-2280-81, as amended.

Division (See "subdivision.")

Domestic animals (See "household pet.")

Dormitory means a building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery, or other similar institutional use, with only group kitchen facilities.

Drive-in means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers who are located in a motor vehicle during such business transactions.

Duplex dwelling means a building containing two (2) dwelling units with not more than one (1) family occupying each dwelling unit.

Dwelling means a building or portion thereof used exclusively for residential purposes, including one-family, two-family and multiple-family dwellings, but not including hotels, motels, boardinghouses, dormitories, tourist cabins, or automobile trailers. (Also see "dwelling unit.")

Dwelling, multiple-family, means a structure arranged or designed to be occupied by three (3) or more dwelling units independent of each other.

Dwelling, single-family, detached (houses) means a free-standing dwelling designed to accommodate only a single-family. For purposes of this definition, such dwellings may include garages, carports, decks and porches.

Dwelling, townhouse (or row house) means a dwelling unit which shares a common wall with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor adjacent to the common wall and has a separate ground floor entrance. For purpose of this section, living space on the ground floor may include a garage or porch.

Dwelling, two-family (See "duplex dwelling.")

Dwelling unit means one (1) or more rooms in a dwelling designed for independent housekeeping by one family with separate toilets and cooking facilities.

Easement means a grant of one or more property rights by the owner to, or for the use by another specified party or parties, such as the public, a corporation, or another person or entity, including easements appurtenant and easements in gross. (Also see "conservation easement.")

Educational institution means an institute of higher education authorized by the state to award professional, academic and/or vocational degrees, which may include on-site student, faculty and/or employee housing facilities.

Emergency shelter means a facility providing temporary housing for up to twelve (12) primarily indigent, needy, homeless, abused or transient persons, including resident staff, on a short-term, emergency basis, for periods up to one (1) month. Such facility may also provide ancillary services such as counseling and/or vocational training.

Facility means a place where an activity occurs.

Facilities Standards Manual (FSM) means a design manual for the construction of public and private facilities constructed as a portion of subdivisions or development plans within the corporate limits. These standards shall have the full force and effect of the Code of the Town of Culpeper.

Family means one (1) or more persons related by blood, marriage, adoption or guardianship, including servants, and caregivers; or a group of not more than three (3) unrelated persons; or not more than two unrelated persons and their dependent children living and cooking together as a single household unit; or assisted living facilities and group homes of eight (8) or fewer, allowed in the Code of Virginia, as amended, section 15.2-2291.

Family day home means any child day program offered in the residence of the provider or the home of any of the children in care for six (6) through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for whose care, tuition, fees or other forms of compensation is charged. Family day homes with one (1) to five (5) children, exclusive of the provider's own children and any children who reside in the home, shall be treated as residential occupancy by a single family.

Fence means a manmade barrier, other than a building or a berm, erected for the purpose of physically enclosing an area of land and/or of providing visual, audio, or other screening of buildings or areas of land. The height of a fence at any point along its length shall be measured from the mean ground level of the property on each side of the fence.

Financial institution means any establishment, the primary business of which is concerned with such federal or state regulated activities as banking, savings and loans, and consumer loan companies, not including pawnshops. Drive-in facilities shall be regulated as provided in article III, district regulations.

Flea market means an occasional or periodic sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and/or used, for sale to the public, not to include private garage or yard sales. (See section 27-301 of the town's zoning ordinance.)

Floodplain means any land area susceptible to being inundated by water from any source, as shown on the FEMA floodplain map and on the town's current map of engineering study results.

Floor area, gross means the sum of all floor areas of headroom heights within the exterior walls, measured from the exterior faces of the walls or from the centerline of walls separating buildings. Attics, built-in garages and commercial basements and other areas within the exterior walls designed or used for human occupancy are included. Excluded are recessed, extended or continuous balconies, carports, accessory buildings, patios, open porches or terraces, and all other areas outside of the exterior walls.

Floor area, ratio means the number that is derived by dividing the gross floor area of all buildings on a lot by the total area of that lot less floodplain area.

Floor space (as used in the definition of "adult bookstore or adult video store" means the area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.

Front yard (See "yard.")

Funeral home means a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

Garage, private, means accessory building designed or used for the storage of automobiles, sport utility vehicles or similar small trucks, owned or leased and used by the occupants of the principal building to which it is accessory, with no facilities for mechanical service or repair of a commercial or public nature.

Garage, public, (See "motor vehicle garage"; also see "parking deck.")

Grade means a reference plane representing the average elevation of finished ground level adjoining the building or structure at all exterior walls or surfaces.

Grading means any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition.

Group home means a dwelling shared by no more than eight (8) psychologically disordered, mentally or developmentally challenged persons, excluding resident staff, who live together as a single housekeeping unit, and shall for the purposes of this chapter be considered a residential single-family, in accord with Code of Virginia § 15.2-2291. Psychological disorders and developmentally challenged shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia § 54.1-3401, nor shall it include persons committed to custody by any court upon conviction of any crime.

Guest house means living quarters located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters having no separate utility meters and not rented or otherwise used as a separate dwelling.

Guest room means a room which is intended, arranged or designed to be occupied, or which is occupied by one (1) or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking. Dormitories are excluded.

Hazardous material (HAZMAT) means any substance or activity involving any substance listed in 40 CFR Part 355, Appendix A, as an extremely hazardous substance (EHS) when that substance is stored, generated, used or released in quantities equal to or greater than the lowest quantity listed for either the threshold planning quantity (TPQ) or reporting quantity (RQ) for the substance.

Health club means a health spa; a facility in which memberships in a program of physical exercise or the rights and privileges to use one or more of the following are sold; sauna, whirlpool, weight-lifting equipment, massage, steam room or exercise devices. The term shall not include non-profit associations in which health spa functions are incidental to their overall functions; any governmental institution; or any private club owned and operated by its members.

Health department residential lot approval for individual sewage disposal systems means acceptance by the Virginia Department of Health as satisfactory, a conventional, gravity flow septic tank and subsurface drainfield without special design. The proposed system shall satisfy the sewage disposal demand for the estimated life of the dwelling.

Health department residential lot approval for water supplies means as satisfactory a water source, the location of which will provide potable water of satisfactory bacteriological quality, which will not threaten with pollution or surface water the underground water and not infringe on the use of neighboring lots for sewage disposal systems.

Hectare means one (1) acre equals 0.4047 hectares; one (1) hectare equals 2.471 acres.

Height (See "building, height of.")

Heliport means an area designed to accommodate all phases of operation of helicopters with suitable space and facilities for a terminal, loading, unloading, service and storage of such aircraft, to include facilities for such accessory uses as are commonly associated with an airport terminal.

Helistop or helipad means an area designed to accommodate touchdown and lift-off of helicopters, for the purpose of picking up and discharging passengers or cargo. Such an area shall contain no operation facilities other than one (1) tie-down space and such additional facilities as are required by law.

Historic structure means a contributing structure with important historic interest.

Historical district means an overlay district shown on the zoning map to which the provisions of this chapter apply for protection of architectural or other resources of historic significance.

Historically significant feature means a distinct and decorative feature of a structure, as determined by the zoning administrator based on the Culpeper Historic District Handbook and Design Guidelines.

Home occupation means a business activity carried on by the occupant(s) of a dwelling, as a clearly incidental and subordinate use of the residential dwelling in which the on-site business is conducted wholly within the building and the residential appearance of the dwelling and the character of the neighborhood is maintained, and does not have customers coming to the dwelling.

Homeless shelter (See "transitional housing.")

Homeowners association (or "homeowners corporation") means a formally constituted, private, non-profit association or corporation of property owners for the purpose of owning, operating and maintaining various common properties and/or facilities.

Horse show means a public exhibition or entertainment involving horses.

Hospital means an institution providing general health services primarily for human in-patient medical or surgical care for the sick or injured, including related accessory facilities such as laboratories, out-patient departments, training facilities and staff offices that are an integral and essential part of the institution's principal function.

Hospital, special care, means an institution rendering care primarily for mentally challenged patients or those persons with substance abuse problems.

Hotel means a building designed or occupied as the more or less temporary abiding place for individuals who are, for compensation, lodged with or without meals, and in which provisions may or may not be made for cooking in individual rooms or suites. A hotel may include restaurants, taverns or club rooms, public banquet halls, ballrooms and meeting rooms. A hotel contains a central entrance lobby and does not provide a motor vehicle parking space adjacent to each individual room as does a motel. (See also "motel.")

Household pet means small, domestic animals that are customarily kept in the house or yard for company or enjoyment of the owner, such as dogs, cats, rabbits, birds, rodents, fish and other such animals that pose no threat, harm or disturbance to neighboring residents or properties.

Housing, senior; housing for the elderly (See "assisted living facility.")

Human crematorium (See "crematorium.")

Incinerator means an engineered apparatus used to burn waste substances and in which all the combustion factors, temperature, retention time, turbulence and combustion air can be controlled. An incinerator unit is not considered a crematorium.

Industrial park means a planned development of a tract of land with two or more separate industrial uses, designed, constructed and managed on a coordinated basis, with special attention given to on-site vehicular circulation, parking, utility needs, open space, drainage, buffers and roadway access.

Industry, heavy means a use involving the basic processing and/or manufacturing of materials or products predominately from extracted or raw materials, or a use involving the storage or use of flammable, explosive or other hazardous materials or commonly recognized offensive conditions.

Industry, light means a use involving the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Junk means including but not limited to old, dilapidated, scrap or abandoned metals, paper, bottles, building materials, equipment, glass, appliances, furniture, bedding, rags, rubber, plastic, motor vehicles, and parts thereof.

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

Kennel, commercial means an establishment licensed to operate a facility housing four (4) or more dogs, cats, or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.

Kindergarten (See "school"; also see "day care center, child.")

Land pertaining to an historic structure means land directly identified with and necessary to the use of the historic structure, and shall at a minimum include reasonable access to the property from a public right-of-way unless that access did not exist when the application for a finding of architectural compatibility was filed.

Landscaping means the improvement of a lot, parcel or tract of land with grass, flowers, shrubs, trees, fencing, fountains, statuary, pedestrian walkways and amenities, and other natural or artificial objects designed and arranged to produce an aesthetically pleasing effect and may include grading, terracing, decks, berms and retaining walls.

Land use and use of land include the terms "building use" and "use of building."

Life care facility (See "assisted living facility.") means a facility which may include a full range of living arrangements for elderly and/or disabled persons progressing from independent living in single-family units to congregate apartment living where semi-dependent residents share various common facilities and services, to a nursing home facility for dependent residents providing a full range of support services and nursing care. (Also see "nursing homes.")

Liquor means any alcoholic beverage other than beer, wine, or cider, as those terms are defined in Code of Virginia §§ 4.1-100 and 4.1-213.

Liquor store means any privately owned store licensed by the Commonwealth of Virginia to sell liquor for off-premises consumption and in which liquor makes up more than ten (10) percent of its stock in trade or occupies more than ten (10) percent of its floor area.

Livestock pen means a small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop.

Lot means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

Lot, corner, means a lot abutting on two (2) or more streets at their intersection where the interior angle of the intersection does not exceed one hundred thirty-five degrees (135º). The front shall be deemed to be the shortest of the sides fronting on streets.

Lot, coverage means the percentage of a lot area occupied by the ground floor area of principal and accessory buildings on such lot.

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

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

Lot line means any boundary line of a lot as defined herein. Where applicable, a lot line shall coincide with a street line. Where a lot line is curved, the length of the lot line shall be based upon the arc.

Lot line, front means the front of a lot shall be considered to be that side of the lot which fronts on a street. In the case of a corner lot, the narrowest side fronting the street shall be considered to be the front of the lot. In the case of a through lot, the lot line abutting the street that provides primary access to the lot shall be considered the front of the lot.

Lot line, rear means the rear of a lot shall be the lot line opposite to the front lot line. Where the side lot lines meet in a point, the rear lot line shall be assumed to be a line not less than ten (10) feet long, lying within the lot near the rear and parallel to the front lot line.

Lot line, side means any lot line not a front or rear lot line.

Lot, through means an interior lot in which the front and rear yards each abut a street.

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

Lot width means the horizontal distance between side lot lines measured at the front setback line, calculated by measuring back a uniform distance from the street line as required by the setback regulation. For curved frontages, the horizontal distance shall be measured along an arc at the setback distance that matches the curve of the lot frontage.

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

Massage establishments means any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, health clubs, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the Commonwealth of Virginia, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational and athletic facilities and facilities for the welfare of the residents of the area. This definition shall not include any establishment offering or providing facilities for instruction in controlled exercise, weight lifting, calisthenics or general physical fitness which is actually occupying the premises of not less than five thousand (5,000) square feet, of which not more than five (5) percent is used for massages, and whose gross income from massages is less than fifteen (15) percent of the total gross income from massages derived from physical fitness sales contracts at each business location.

Medical care facility means a building or portion of a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities; includes physician's and other medical offices.

Medical care facility, specialized means an institution rendering specialized care primarily for abused, psychologically disordered, substance-dependent persons or other non-surgical patients, on an inpatient and/or out-patient basis.

Mini-warehouse (See "self-service storage facility.")

Mobile home means a transportable, factory-built structure, designed to be used as a year-round residential dwelling and built prior to or after the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. The term includes manufactured homes of less than nineteen (19) feet in width and shall include manufactured homes, regardless of width, that are not placed on a permanent foundation. The term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.

Modular housing means a factory-built, single-family detached structure that is built to the National BOCA Code, and is transportable to the site in one (1) or more sections for placement on a permanent foundation.

Motel means (includes motor lodge, tourist court, tourist cabin or motor court) a building, or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for motor vehicle travelers and having a parking space adjacent to each sleeping room. (Also see "hotel.")

Motor vehicle fuel station means a structure, building or premises or any portion thereof where a flammable fluid is stored, housed and sold for supply to motor vehicles, and may include accessory motor vehicle servicing within the principal building. Excludes truck terminals or truck stops.

Motor vehicle service station means a structure, building or premises or any portion thereof which provides minor motor vehicle maintenance services such as tune ups, brakes, mufflers, glass replacement, transmissions and similar services.

Motor vehicle garage means a structure, building or premises or any portion thereof which provides any or all of the following motor vehicle services; major and minor repairs, maintenance, equipping, selling or storage, as a business enterprise.

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, due to adoption, revision or amendment to this ordinance.

Nonconforming structure or building means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other regulations of this chapter, or is designed so as to not conform to the use regulations of this chapter for the district in which it is located, due to adoption, revision or amendment to this chapter.

Nonconforming use 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, but which complied with applicable regulations at the time the use was established.

Nudity means the showing of the human male or female genitals, pubic area, vulva, or anus with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola.

Nursery (See "plant nursery.")

Nursery school (See "day care center, child.")

Nursing home or convalescent home means an establishment used as a dwelling place by the aged, infirm, chronically ill or incurable afflicted persons in which not less than three (3) persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or care of the sick or injured. (Also see "assisted living facilities.")

Office means a building or portion of a building in which services are performed involving predominantly administrative, professional or clerical operations, either as principal or accessory uses. An office use does not include fabrication, assembling, testing, repair, treatment or storage of materials, goods, animals or products, or the sale and/or delivery of such items.

Office, medical means a building or portion of a building in which services are performed involving the examination, diagnoses and non-emergency, out-patient treatment of human patients, including physicians, dentists, chiropractors and therapists.

Office park means a large tract of land that has been planned, developed and operated as an integrated facility for a number of separate offices and supporting ancillary uses with special attention given to circulation, parking, utilities, aesthetics and compatibility.

Office, professional means a building or portion of a building in which services are performed involving technical, legal, financial, scientific, design, engineering or other similar pursuits that typically are required by the state or are encouraged by professional associations to be licensed, registered or certified for practice and which do not involve the storage or use of chemicals or other potentially hazardous or noxious materials.

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

Open space means any area of a lot not covered by a structure, building, paved area or other impervious surface.

Open space, required. See common usable open space.

Ordinary repair and maintenance means maintenance or repair of a structure that is routine or which could be expected to occur regularly, periodically or normally, which is usually the result of wear and tear from usage, aging and weathering, and, which does not significantly alter the materials or design of the structure.

Outdoor concert means an outdoor musical performance.

Owner means the owner of record of fee simple, or life estate interest in real property.

Parcel (See "lot.")

Park means any public or private open land area available for recreational, educational, cultural, or aesthetic use. (See also "playground.")

Parking deck means an off-grade structure used solely for the temporary parking of motor vehicles for public and/or commercial purposes, providing no repair, sales or service of any kind.

Parking display means any area used to park any and all types of vehicles, boats, farm machinery, lawn and garden equipment or heavy construction equipment for purposes of displaying or storing the vehicles which are available for sale or lease, including parking stalls and aisles, loading and unloading areas, and paved ingress and egress areas required for the display activities.

Parking lot means an area not within a building where motor vehicles may be stored for the purposes of temporary, daily, or overnight off-street parking.

Pawnshop means any establishment which loans money on the security of a borrower's personal property held in keeping of the pawnbroker.

Pen means a small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop. Enclosed pasture or range with an area in excess of one hundred (100) square feet for each hog or small animal or two hundred (200) square feet for each larger animal shall not be regarded as a pen.

Permit issuing authority means that entity authorized or directed to issue a permit under the zoning ordinance on behalf of the town. Without restricting the same, the zoning administrator is the authority for zoning permits, the town council the authority for conditional use permits, the architectural review board the authority for findings of architectural compatibility.

Pet (See "household pet.")

Picnic means a meal eaten outdoors, as an excursion.

Place of worship (See "religious institution.")

Plant nursery means an agricultural and/or commercial enterprise where plants and accessory products are sold on a retail and/or wholesale basis.

Plat means a document prepared by a registered surveyor or engineer which delineates property lines, and shows monuments and other landmarks for the purpose of identifying property.

Playground means a small park of no greater than one (1) acre in size containing play equipment designed for use by children.

Portable storage containers means non-self-propelled, fully enclosed trailers or boxes that are designed or used to transport or store goods, materials, and equipment. Mobile homes shall not be construed to be portable storage containers and shall be regulated by section 27-55 of this chapter.

Principal use means the primary activity for which a lot is used, as permitted by this chapter.

Principal structure means the primary structure on a lot, as permitted by this chapter.

Public dancehall means the use of any structure, or structure and premises, open to the general public on a regular basis irrespective of whether or not an admission fee is charged, where patrons are allowed to engage in dancing, or the rhythmic movement of body and feet ordinarily accompanied by music, and the occupancy load of the premises is greater than fifty (50) persons.

Public water and sewer systems means a water or sewer system owned and operated by the town or owned and operated by a corporation approved by the town council and properly licensed by the appropriate state or federal agency, and subject to special regulations as set forth in this chapter, and which provides sewer or water services to the general public in a specified service area.

Rear yard (See "yard.")

Recycling facilities means this broad category of facilities, including the following types:

(1)

Recycling center means an enclosed building in which used material such as newspapers, glassware and metal cans is separated and processed prior to shipment to another facility where the materials will be used to manufacture new products. Such a facility is not a junkyard. Tires and hazardous materials as defined in this chapter are prohibited from these facilities.

(2)

Recycling collection point means an incidental use that serves as a neighborhood drop-off point for storage of recyclable materials such as newspapers, glassware and metal cans, with regularly scheduled collections. No processing of such items occurs at such facility. Tires and hazardous materials as defined in this chapter are prohibited from these facilities.

(3)

Recycling plant means an enclosed facility that is not a junkyard and in which recyclable materials such as paper and wood products, glass, metal cans and other products are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production and/or sale. Tires and hazardous materials as defined in this chapter are prohibited from these facilities.

Regularly means the consistent and repeated doing of an act on an ongoing basis.

Religious assembly or institution means any building or collection of buildings used primarily for assembly of people to participate in or hold religious services or other related religious activities. Accessory uses for religious assembly or instruction uses include, but are not limited to, administrative offices, classrooms for religious instruction, meeting halls, and housing for clergy.

Restaurant, full service means a retail establishment that serves food or beverages in a ready-to-consume state, primarily to persons seated within the building, including indoor or outdoor cafes.

Restaurant, carry out, means a retail establishment where food or beverages are served for consumption exclusively off the premises.

Restaurant, drive-in, means a retail establishment where food or beverages are served to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles. Such food or beverages may be consumed inside the building, outside, at facilities provided, in motor vehicles or "carried out" for consumption off the premises. Such an establishment may also be a fast-food restaurant.

Restaurant, fast-food means a retail establishment that offers quick food service through a limited menu of items that are pre-prepared or heated quickly, and are usually served in disposable containers, and where customers are not served by an employee at the same table or counter where the items are consumed. Such establishments may include drive-in, drive-up or drive-through facilities.

Retail stores and shops means buildings or portions thereof for display and sale of merchandise at retail or for the rendering of personal services. (Exclusive of convenience stores, liquor stores, gasoline stations and lumberyards) such as the following, which serve as an illustration: drug store, newsstand, grocery store, dry goods store, antique store, gift shop, hardware store, household appliances, furniture, florist, tailor, barber and beauty shop.

Revival means a meeting or series of meetings for reawakening religious faith.

Roominghouse (See "boardinghouse.")

School, academic means a facility that provides a curriculum of elementary and secondary academic instruction, including pre-schools, kindergartens, elementary schools, junior high or middle schools, and high schools, either public or private.

School, commercial means businesses that are available to the public for a fee whose primary operation is to instruct clients in a particular skill or activity. Representative examples include: dance studios, music studios, aerobic and/or fitness classes, craft and/or art studios and other similar schools of instruction.

Self-service storage facility means a building consisting of individual, small, self-contained units that are leased or owned for the storage of business or household goods but no hazardous, toxic or flammable materials.

Seminude or seminudity means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.

Seminude model studio means a place where persons regularly appear in a state of seminudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of seminudity did so in a class operated:

(1)

By a college, junior college, or university supported entirely or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a seminude person is available for viewing; and

b.

Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class.

Senior housing facility means a residential facility for independent living, containing dwellings where the occupancy is restricted to persons fifty-five (55) years of age or older or couples where either the husband or wife is fifty-five (55) years of age or older. This does not include a development that contains convalescent or nursing facilities. (See also "nursing home" and "assisted living facilities.")

Setback means the minimum distance by which any structure must be separated from the front lot line. Except for those structures addressed in article XI, the setbacks are as established in article III.

Sex offender treatment services means any services that only a person certified as a sex offender treatment provider by the Board of Psychology of the Commonwealth of Virginia may lawfully provide.

Sexual device means any three (3) dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

Sexual device shop means a commercial establishment that regularly features sexual devices. This definition shall not be construed to include any pharmacy, drug store, medical clinic, any establishment primarily dedicated to providing medical or healthcare products or services, or any establishment that does not limit access to its premises or a portion of its premises to adults only.

Sexually oriented business means an "adult bookstore or adult video store," an "adult cabaret," an "adult motion picture theater," a "seminude model studio," or a "sexual device shop." This collective term does not describe a specific land use and shall not be considered a single use category for purposes of the zoning code or other applicable ordinances.

Shall means the term, when used in this chapter, is mandatory.

Short-term loan establishment means a business licensed to make payday loans under Chapter 18 of Title 6.2, Code of Virginia, licensed to sell money orders or engage in the business of money transmission under Chapter 19 of Title 6.2, Code of Virginia, registered as a check casher under Chapter 21 of Title 6.2, Code of Virginia, or licensed to make motor vehicle title loans under Chapter 22 of Title 6.2, Code of Virginia. Under those provisions, banks, savings and loans institutions, credit unions, and retail stores, among others, are exempted and therefore are not "short-term loan establishments" for purposes of this chapter.

Side yard (See "yard.")

Sign (See article IX of the zoning ordinance.)

Site plan means detailed engineering drawings indicating all buildings and improvements required by article X of this chapter and the town's facilities standards manual. A site plan is not a concept development plan as otherwise defined in this chapter.

Specified anatomical areas means and includes:

(1)

Less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activity means any of the following:

(1)

Intercourse, oral copulation, masturbation or sodomy; or

(2)

Excretory functions as a part of or in connection with any of the activities described in subsection (1) above.

Storage building means any enclosed structure used to shelter equipment, vehicles, implements or materials incidental to the use of the principal structure.

Storage yard means any outdoor area screened on all sides by a solid fence and used to store equipment, vehicles, implements or materials incidental to the use of the principal structure.

Stormwater management facilities means various improvements, such as swales, curbs, catch basins, trunk sewers, collector sewers, detention and retention basins, comprising the system that accommodates and controls stormwater runoff.

Story means a habitable level within a building of no more than fourteen (14) feet in height from finished floor to finished ceiling. Attics and raised basements are not considered stories for the purposes of determining building height.

Street line means the dividing line between street or road right-of-way and the contiguous property line. (Same as "front lot line.")

Street or road means a public or private thoroughfare which affords the principal means of access to abutting property.

Street, arterial means streets which move or are designed to move large volumes of vehicles of all types from one part of town to another, connecting residential areas with employment centers and centers of commercial activity. Traffic volumes are typically five hundred (500) vehicles per day or greater.

Street, collector, means a street, the primary function of which is the conducting and distributing of traffic from local streets to arterials or local traffic generators, such as shopping centers, schools or community centers. Traffic volumes typically range from five hundred (500) to five thousand five hundred (5,500) vehicles per day.

Street, local, means a street, the primary function of which is the provision of access to property abutting or adjacent the public right-of-way with the movement of traffic a secondary function. Traffic volumes are typically under five hundred (500) vehicles per day.

Street, private, means a privately owned roadway designed and built to established town standards as set forth in the facilities standards manual for providing direct access to individual properties with the owners of such lots or a homeowner's association (HOA) fully responsible for its maintenance.

Street travelway means the width of the street pavement on which motor vehicles travel, as measured from one edge of the pavement to the other.

Street tree means any tree that is located between the curb and sidewalk or within a tree well in the sidewalk within the public right-of-way, or any tree within a street tree easement in or adjacent to the public right-of-way.

Street right-of-way means the total width of the strip of land (right-of-way) dedicated or reserved for public travel including roadway, curbs, gutters, sidewalks and planting strips.

Structure means anything constructed or built for use, occupancy or ornamentation whether installed, on, above, or below the surface of the land or water. The following things are not considered structures under the ordinance from which this section was derived: electric and telephone poles, lights, transformer boxes, wires, supports and similar items commonly used in delivering electricity and telephone service to individual customers; street lights; traffic signals; directional and regulatory signs of government; telephone booths; water and sewer lines, manholes, fire hydrants, water tanks, telecommunication facilities, towers, antenna support structures; stormwater lines, drainage ditches and related items other than dams or ponds; sidewalks and pedestrian paths, public streets, curbs, gutters; mail boxes; benches and street furniture; planters; swing sets and other play equipment; flagpoles for flying flags of the United States, Virginia, Town of Culpeper, and/or other governmental entities; steps or stoops rising less than eighteen (18) inches in height above the adjacent ground. (Refer to article XVIII for telecommunications facilities.)

Subdivision means a division of one (1) parcel into two (2) or more parcels.

Subdivision plat means an engineering drawing showing the lot lines and other provisions required for subdivision approval under the town's subdivision ordinance and facilities standards manual.

Tattoo parlor means any business that provides tattooing, as that term is defined in Virginia Code § 54.1-700.

Taxidermy means the art of preparing and mounting skins of animals, fish, pets and wildlife.

Temporary means except where otherwise specified in this chapter, temporary shall mean not more than thirty (30) calendar days.

Theme park means an amusement park; a large-scale commercial establishment designed for amusement, entertainment and recreational purposes which is open to the general public for a fee and contains such activities as amusement rides, live entertainment, concession stands, picnic areas and displays.

Tourist home (See "bed and breakfast.")

Town ("the town") means the Town of Culpeper, in Culpeper County, State of Virginia.

Tract means a single lot or a group of contiguous lots that have not been platted as a recorded subdivision and which are owned by a single entity.

Transitional housing means a facility providing temporary housing primarily to indigent, needy, homeless or transient persons and which may also provide ancillary services such as counseling and/or vocational training.

Travel trailer means a vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use.

Tree means a woody perennial plant having a single elongated main stem or trunk generally with no branches on its lower part. A small tree is expected to attain a height of at least fifteen (15) feet at maturity, a medium tree thirty (30) feet in height at maturity and a large tree fifty (50) feet in height at maturity.

Truck terminal means any structure or land devoted principally to the servicing, fueling, repair, storage, sales or leasing of trucks as defined in Code of Virginia § 46.2-100, or any of the above; or any structure or land devoted principally to any activity involving substantial and routine traffic consisting of trucks or passenger buses, such as a gasoline or fuel oil distributor, a freight or shipping business, a bus depot, a moving business, or similar activities, but not including other principal uses specified in the zoning districts where a truck terminal is permitted; includes truck stops.

Use means the purpose for which land or a structure is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

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

Use, change of means a change of use has taken place when one or more activities on a site has been added, altered or eliminated such that the nature of any on-site activities fits a different use category than the previous one(s) and which may or may not be provided for by this chapter.

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 nonconformities in the zoning district or adjoining zoning districts.

Vehicle accommodation area (See "parking display.")

Village house means a single-family dwelling unit from ground to roof with individual outside access that may be detached or partially or semi-attached by a masonry wall, foundation, deck or similar permanent structural means.

Warehouse means a building used primarily for the storage of goods and materials.

Warehousing and distribution means a building or group of buildings used for storage, wholesale and distribution of manufactured products, supplies, and/or equipment, but excluding bulk storage of materials that are flammable or explosive, or that create hazardous or commonly recognized offensive conditions.

Wayside stand, wayside market means any structure or land used for the sale of agricultural or horticultural produce, or livestock.

Wholesale trade means establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Yard means the minimum distance by which any structure, except accessory buildings or such projections as are expressly permitted in these regulations, must be set back from a front, side or rear lot line. Interior courts are not considered yards. Except for those structures addressed in article XI, the side and rear yards are as established in article III.

Front yard means an open space on the same lot as a principal structure between the front line of the principal structure and the front lot line or street line, and extending across the full width of the lot.

Rear yard means an open space on the same lot as a principal structure between the rear line of the principal structure and the rear line of the lot, and extending across the full width of the lot.

Side yard means an open space on the same lot as a principal structure between the side line of the principal structure and the side line of the lot, and extending from the front yard line to the rear yard line, except for those structures addressed in article XI, the side and rear yards are as established in article III.

Zoning administrator (See "administrator").

(Ord. of 5-8-01; Ord. of 11-13-01(1); Ord. of 11-13-01(2); Ord. of 10-9-01(1); Ord. of 6-14-05; Ord. of 6-12-07; Ord. of 10-14-08; Ord. of 9-14-10; O-2011-007, 11-8-11; Ord. No. O-2013-009, 11-12-13; Ord. of 12-9-14; Case AMD-001-2015, 12-8-15; Ord. No. O-2016-002, § 1, 6-14-16)

State Law reference— Definitions relating to planning and zoning, Code of Virginia, § 15.2-2201; "automobile graveyard" defined, Code of Virginia, § 33.1-348; utility companies, Code of Virginia, § 56-232 et seq.