A.

The following general rules of construction shall apply to the regulations of this ordinance:

1.

The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.

2.

Words used in the present tense include the past and future tenses, and the future the present.

3.

The word "shall" is always mandatory. The word "may" is permissive.

4.

The word "building" or "structure" includes any part thereof, and the word "building" includes the word "structure".

5.

Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.

6.

The terms "main" and "principal" as used herein are synonymous.

7.

Any words pertaining to gender shall be interchangeable. The word "he" shall mean "she", and "she" shall mean "he".

8.

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

9.

The word "county" shall mean Surry County, Virginia.

(Ord. No. 2022-05, 4-7-2022; Ord. No. 2025-02, 4-3-2025)

For the purpose of this ordinance, the following terms and words are hereby defined:

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

Accessory use. A use customarily incidental and subordinate to, and (except as otherwise provided in this ordinance) on the same lot as a principal use. When the term "accessory" is used in this ordinance, it shall have the same meaning as "accessory use".

Act. The Chesapeake Bay Preservation Act (CBPA) found in Chapter 21 (§ 10.1-2100 et seq.) of Title 10.1 of the Code of Virginia. The word Act does not refer solely to the Chesapeake Bay Preservation Act, and the acronym CPBA is also utilized to represent the Chesapeake Bay Preservation Area.

Administrator. The zoning administrator of Surry County, or their duly authorized designee. The director of planning shall serve as the administrator unless an alternate position or individual is specifically appointed by the board of supervisors.

Alley. A public or private way less than 30 feet in width and affording secondary means of access to abutting property.

Alteration. (See structural alteration).

Animal unit. A unit of measure used to determine the total number of single animal types or combination of animal types which are fed, confined, maintained or stabled in an animal feeding operation. An animal unit equals 1,000 pounds of live weight. Combinations of animal types that exceed 300 units are classified as a confined animal feeding operation (CAFO) as described in section 2-202 of this ordinance.

Battery(ies). A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically and are used in a battery energy storage system.

Battery management system (BMS). An electronic regulator that manages a battery energy storage system by monitoring individual battery module voltages and temperatures, container temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and door access and being able to shut down the system before operating outside safe parameters.

Base flood (one-hundred year flood). A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year).

Base flood elevation (BFE). The Federal Emergency Management Agency designated 100-year water surface elevation.

Basement. That portion of a building that is partly or completely below grade. A basement shall be counted as a story if it's ceiling is over six feet above the average level of the finished ground surface adjoining the exterior walls. For purposes of the floodplain district only, a basement shall be any area of the building having is floor subgrade (below ground level) on all sides.

Best management practice (BMPs). A practice, or combination of practices, that is determined by a state or designated area-wide planning agency to be the most effective, practicable means of preventing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

Block. That property fronting on one side of a street or road and lying between two intersecting streets or roads or otherwise limited by a railroad right-of-way, a live stream, or un-subdivided tract, or other physical barrier of such nature as to interrupt the continuity of development.

Board. The term board shall refer to the board of supervisors of Surry County, Virginia, unless otherwise specifically indicated.

Board of zoning appeals (BZA). The term shall refer to the Surry County Board of Zoning Appeals.

Buffer area. An area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances.

Buildable area. The area of that part of the lot not included within the yards or "open spaces" herein required.

Buildable width. The width of that part of a lot not included within the open spaces herein required.

Building. A structure with a roof designed to be used as a place of occupancy, storage, or shelter.

Building, completely enclosed. Any building having no outside openings other than ordinary doors, windows, and ventilators.

Building coverage. That percentage of a lot which when viewed from above would be covered by a structure or any part thereof excluding roof eaves.

Building, height of. The vertical distance from the average" established curb grade or from the average level of the finished grade at the front building line, if higher, to the highest point of the coping of a flat roof, or to the deck line or highest point of coping or parapet of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, shed, and gambrel roofs. When the highest wall of a building with a shed roof is within 35 feet of a street, the height of such building shall be measured to the highest point of coping or parapet. (For exemptions, see section 4-102)

Building, main. The principal building or buildings on a lot housing the principal use on the lot.

Caliper. A horticultural method of measuring the diameter of nursery stock. For trees less than four inches in diameter, the measurement shall be taken at six inches above ground level. For trees greater than four inches in diameter up to and including 12 inches, the caliper measurement must be taken at 12 inches above the ground level. For trees greater than 12 inches in diameter, the trunk is measured at breast height (diameter at breast height or DBH), which is 4.5 feet above the ground.

Canopy. A detachable, roof-like cover, supported from the ground, or deck, floor, or walls of a building, for protection from sun and weather

Cellar. A story entirely underground or partly underground, with at least one-half of its height below grade.

Chesapeake Bay Preservation Area (CBPA). Any land designated by Surry County pursuant to Part III (9 VAC 25-830-70 et seq.) of the Chesapeake Bay Area Designation and Management Regulations and § 62.1-44.15:74 of the Act. A Chesapeake Bay Preservation Area shall consist of a resource protection area and a resource management area.

Commission. The planning commission of Surry County, Virginia.

Conditional use. A conditional use is a use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review and recommendation by the planning commission and the granting of conditional use approval by the board of supervisors imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity.

Construction footprint. The area of all impervious surface, including but not limited to, buildings, roads and drives, parking areas, and sidewalks and the area necessary for construction of such improvements.

Court. An open space which may or may not have direct street access and around which is arranged a single building or a group of related buildings.

Deck. A structure, without a roof or walls, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade.

Daylighted stream. A stream that had previously been previously diverted into an underground drainage system and has been redirected into an aboveground channel using natural channel design concepts as defined in Code of Virginia, § 62.1-44.15:51, and where the adjacent lands would meet the criteria for being designated as a Resource Protection Area (RPA).

Density. The number of dwelling units that may be constructed per acre based upon the lot area.

Development. The construction or substantial alteration of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures.

Development standard. Regulations which limit the size, bulk or siting conditions of particular types of buildings or uses located within any designated district or permitted as conditional uses.

Diameter at breast height (DBH). See caliper.

District. Any section of Surry County in which the zoning regulations are uniform and so designated on the zoning district map.

Dripline. A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy.

Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, but not including boats, recreational vehicles, hotels, motels, motor lodges, tourist courts, or tourist homes.

Dwelling unit. A room or group of rooms occupied or intended to be occupied as separate living quarters by a single family or other group of persons living together as a household or by a person living alone and having its own permanently installed cooking and sanitary facilities.

Existing manufactured home/park subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities the construction of streets and either final site grading or the pouring of concrete pads).

Family. One or more persons related by blood, marriage, or adoption, or under approved foster care, or a group of not more than five persons (including servants) living together as a single dwelling unit.

Flood. A general and temporary inundation of normally dry land areas.

Floodplain. [Floodplain means:] (a) a relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; (b) an area subject to the unusual and rapid accumulation of runoff of surface water from any source. Floodplain means all lands that would be inundated by flood water as a result of a storm event of a 100-year return interval.

Flood-prone area. Any land area susceptible to being inundated by water from any source.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Frontage. The linear measurement in feet of the front property line abutting a street.

Garage, private. A building, accessory or attached, used for storage purposes only and having a capacity of not more than four automobiles and a floor area of not more than 900 square feet or not more than two automobiles per family housed in the building to which the garage is accessory, whichever is the greater.

Grade. Grade or grade elevation shall be determined by averaging the elevations of the finished ground adjacent to all the corners of the building.

Ground floor area. The area of lowest floor or floors, whether or not on the same level, comprised primarily of livable floor area.

Hazardous material. Any item or agent (biological, chemical, physical) which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors as further defined by the U.S. Occupational Safety and Health Administration (OSHA).

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

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

Historic structure. Any structure that is:

(a)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b)

Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary to qualify as a registered historic district;

(c)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the Secretary of Interior, and/or as listed in the county's comprehensive plan.

Hydric soil. Soil that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part, which are saturated for usually one week or more during the growing period and have the capacity to support hydrophytic vegetation.

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

Inoperative motor vehicles. A motor vehicle or major part thereof not displaying a current license which, from examination, appears not to be in use and not, because of age or condition, likely to be again made operative.

Infill. Utilization of vacant land in previously developed areas.

Junk. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked motor vehicles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

Land disturbance/land disturbing activity. Any land change which may result in soil erosion from water or wind and the movement of sediments into water or onto land, including, but not limited to, clearing, grading, excavating, transporting and filling of land, as defined in section 4.10 of the Erosion and Sediment Control Ordinance for Surry County.

Loading space. The area on a lot designated for bulk pickup and deliveries of merchandise and materials directly related to the main use on the lot.

Lot. A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivisions or as otherwise permitted by law. The word "lot" shall include the words "piece," "tract", "parcel" and "plot."

Lot, corner. A lot abutting on two or more streets at their intersection.

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

Lot, double frontage. A lot, other than a corner lot, which has a frontage on two streets.

Lot, flag. A lot not fronting on or abutting a public roadway or having limited frontage necessary for access and where access to the public roadway is essentially limited to a narrow private right-of-way.

Lot, interior. Any lot other than a corner lot.

Lot line, front. The line separating the lot from a street on which it fronts. On a corner lot, the front shall be deemed to I be along the shorter dimension of the lot; and where the dimensions are equal, the front shall be on that street on which a majority of the other lots in the block front.

Lot line, rear. The lot line opposite and most distant from the front lot line.

Lot line, side. Any lot line other than a front or rear lot line.

Lot of record. A lot which has been legally recorded in the clerk's office of the Circuit Court of Surry County.

Lot, through. A lot having its front and rear yards each abutting on a street.

Lot width. The horizontal distance between the side lot lines measured at the front building setback line.

Lowest floor. The lowest floor of the lowest enclosed area (including basement).

Manufactured homes. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. A manufactured home shall contain one dwelling unit. Some manufactured homes are also referred to as mobile homes and do not include a "recreational vehicle."

Modular home. A dwelling unit constructed on-site in accordance with the Virginia One and Two Family Dwelling Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Motor vehicles. Automobile, trucks, tractors, trailers and semitrailers and motorized cycles required to be licensed by the division of motor vehicles for operation on the highways of Virginia and/or any major parts thereof.

New construction. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements construction means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

Nonconforming lot. An otherwise legally platted lot that does not conform to the minimum area or width requirements of this ordinance for the district in which it is located due to the adoption, revision or amendment of this ordinance.

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

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

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

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

Noxious weeds. Weeds that are difficult to control effectively, such as Johnson Grass, Kudzu, and multiflora rose.

Open space. Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

Parking lot, public. An area containing one or more parking spaces for self-propelled passenger vehicles, designed for and available to the public as an accommodation for patrons, customers or employees, either with or without charge.

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

Patio. A level surfaced area directly adjacent to a principal building which has an average elevation of not more than 30 inches from finished grade, and without walls or a roof. A patio may be constructed of any materials.

Plan of development. Any process for site plan review in local zoning and land development regulations designed to ensure compliance with Code of Virginia, § 62.1-44.15:74 of the Act and this chapter, prior to issuance of a building permit.

Premises. A lot, together with all buildings and structures thereon.

Primary highway. A highway designated as a Virginia Primary Highway or U.S. Highway by the Virginia Department of Transportation.

Public road. A publicly owned road designed and constructed in accordance with water quality, protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to (i) the Erosion and Sediment Control Law (Code of Virginia, § 62.1-44.15:51 et seq.) and (ii) the Virginia Stormwater Management Act (Code of Virginia, § 62.1-44.15:24 et seq.). This definition includes those roads where, the Virginia Department of Transportation exercises direct supervision over the design or construction activities, or both, and cases where secondary roads are constructed or maintained, or both, by Surry County in accordance with the standards of Surry County.

Public sewer system. A system of pipelines or conduits, pumping stations and force mains, and all other construction, devices and appliances appurtenant thereto, used for the collection and conveyance of sewage to a treatment works or point of ultimate disposal approved by the appropriate state regulatory authority. A sewer system shall be owned and operated by a municipality or county, or owned and operated by a corporation approved by the state corporation commission, and subject to any special regulations as herein set forth.

Public water system. A system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A water system shall be owned and operated by a municipality or county, or owned and operated by a corporation approved by the state corporation commission, and subject to any special regulations as herein set forth.

Recreational vehicles. A vehicle that can be towed, hauled or driven, designed and used as temporary living accommodations for recreational, camping or travel uses only. Recreational vehicles shall include travel trailers, pick-up campers, motor homes, tent trailers or similar devices used for temporary mobile housing and shall also include boats.

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

Regulations. The whole body of regulations, text, charts, tables, diagrams, maps, notations, references, and symbols, contained or referred to in this ordinance.

Resource management area (RMA). That component of the Chesapeake Bay Preservation Area that is not classified as the Resource Protection Area.

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

Resource protection area (RPA) buffer. A 100-foot wide area of existing or established vegetation within the RPA that protects other components of the RPA and state waters from significant degradation associated with land disturbances.

Resource protection management area delineator (RPA RMA delineator). A person trained in wetland ecology, botany, agronomy, hydrology and/or related fields with experience delineating tidal and non-tidal wetlands.

RPA delineator. Individuals with an educational background, training, and experience in stream ecology, wetland delineation, hydrogeology, or civil engineering.

Secondary highway. A highway designated as a Virginia Secondary Highway by the Virginia Department of Transportation.

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

Shipping container. Primarily a metal container used to pack, ship and store goods. On land they are kept in shipping or storage yards.

Sign. Any identification, description, illustration, color, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution, or business.

Sign area. That area within a line including the outer extremities of all letters, figures, characters, and delineations, or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, or a building or part thereof, shall not be included in the sign area only one side of a double-faced sign shall be included in a computation of sign area; for other signs which more than one face, each side shall be included in a computation of sign area. The area of a cylindrical sign shall be computed by multiplying one-half, of the circumference by the height of the sign.

Sign, double-faced. A sign with two parallel, or nearly parallel, faces, back to back, and located not more than 24 inches from each other.

Sign, height. The vertical distance from the street grade or the average lot grade at the front setback line, whichever produces the greater vertical distance, to the highest point of the sign.

Sign, flashing. An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any sign which revolves or moves, whether illuminated or not, shall be considered a flashing sign. A clock or thermometer or similar instrument with moving hands or a sign which has letters or numbers which change at intervals of not less than one minute shall not be considered a flashing sign.

Sign, freestanding. A sign not attached to or painted on a building, but which is affixed to the ground on a base, pole or other fixed structure. A sign attached to a flat surface such as a fence or wall not a part of a building, shall be considered a freestanding sign.

Sign, illuminated. Any designed to give forth artificial light or designed to reflect light from one or more sources of artificial light erected for the purpose of providing light for the sign.

Sign, indirectly illuminated. A sign which does not produce artificial light from within but which is opaque and backlighted or illuminated by spotlights or floodlights not a part of or attached to the sign itself, or a sign of translucent nontransparent material illuminated from within but with no exposed or exterior bulbs, tubes, or other light source.

Sign, marquee. Any sign attached to or hung from a marquee. For the purpose of this article, a marquee is a covered structure projecting from and supported by the building with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against the weather.

Sign, off-premises. Any sign which is not an on-premises sign or which is not specifically limited to a special purpose by these regulations.

Sign, on-premises. A sign relating only to uses of the premises on which the sign is located, or products sold on the premises on which the sign is located, or indicating the name or address of a building or the occupants or management of a building on the premises where the sign is located.

Sign, projecting. A sign which is attached to and projects more than 18 inches from the face of a wall of a building. The term projecting sign includes a marquee sign.

Sign, wall. Any sign attached to, and erected parallel to the face of, or erected or painted on the outside wall of, a building and supported throughout its length by such wall or building and not extending more than 18 inches from the building wall.

Site plan. A drawing illustrating a proposed development and prepared in accordance with the specifications of article V.

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

Special exception. A special exception is a use that, because of special requirements or characteristics, may be allowed in a particular zoning district, as allowed by this ordinance, only after review and approval by the board of zoning appeals, imposing such conditions allowed by this ordinance as necessary to make the use compatible with other uses permitted in the same zone or vicinity.

Specified anatomical area. Such areas include less than completely and opaque covered human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activity. Such activity includes human genitals in a state of sexual stimulation or arousal, an act of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab of footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement; footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the buildings.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

Story, half. A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior sides are not more than two feet above the floor of such story, provided, however, that any such story used as a separate dwelling unit, by other than a janitor or other employee and his family, shall be counted as a full story.

Street (road). A public or private thoroughfare which affords the principal means of access to abutting properties.

Street, centerline. The center line of a street shall mean the center line thereof as shown in any of the official records of the county or as established by the Virginia Department of Transportation. If no such center line has been established, the center line of a street shall be a line lying midway between the side lines of the right-of-way thereof.

Street line (right-of-way). The line between a lot, tract or parcel of land and a contiguous street.

Structural alteration. Any change in the supporting members of a building or structure, including bearing walls, partitions, columns, beams, girders or similar parts of a building of structure, and any substantial change in the roof of a building.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, buildings, manufactured homes, signs, swimming pools, backstops for tennis courts, gazebos, and pergolas.

Substantial alteration. Expansion or modification of a building or development that would result in a disturbance of land exceeding an area of 2,500 square feet in the resource management area only.

Substantial damage. Damage of any original sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equal or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which incurred substantial damage regardless of the actual repair work performed. The term does not, however include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure."

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

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

Tributary stream. Any perennial stream that is so depicted on the most recent U.S. Geological survey 7-½ minute topographic quadrangle map (scale 1:24,000).

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

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

Visible. Capable of being seen without visual aid by a person of normal visual acuity.

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

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

Yard, front. A yard lying between the front lot line and the nearest part of the building or use not hereinafter excepted, and extending across the full width of the lot. The front yard depth shall mean the distance, measured horizontally, between any part of the building or use and the front lot line.

Yard, rear. A yard lying between the rear lot lines and the nearest part of the building not hereinafter excepted, and extending across the full width of the lot. The rear yard depth shall mean the distance, measured horizontally, between any part of the building and the rear lot line.

Yard, side. A yard lying between a side lot line and the nearest part of the building or use not hereinafter excepted, and extending from the front yard to the rear yard, or if there be no front or rear yard, to the front or rear lot lines side yard width shall mean the shortest distance, measured horizontally, between any part of the building or use and the nearest side lot line.

(Ord. No. 2013-01, Att., 9-5-2013; Ord. No. 2022-05, 4-7-2022; Ord. No. 2023-01, 2-2-2023; Ord. No. 2025-02, 4-3-2025)

A.

The purpose of the use types is to establish a classification system for land uses and a consistent set of terms defining uses permitted within various zoning districts. The use types section also facilitates the process of determining the applicable use type of any activity not clearly within any defined use type.

B.

Where more than one use or a combination of uses is proposed on a single site, then the use shall comply with all of the district, use, and site design requirements for that use.

C.

In the event of any question as to the appropriate use type of any existing or proposed use or activity, the administrator shall have the authority to determine the appropriate use type. In making such determination, the administrator shall consider the operational and physical characteristics of the use in question and shall consider the classification contained in the most recent edition of the North American Industry Classification System (NAICS) published by the National Technical Information Service. In addition, the administrator shall consider the specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The administrator may also determine that a proposed use or activity is sufficiently different from any use type listed below and will require an amendment to the text of this ordinance.

D.

The administrator shall make such determinations of appropriate use types in writing, which shall include an explanation of the reasons for the determination.

E.

A determination of the administrator may be appealed to the board of zoning appeals pursuant to the procedures for administrative appeals outlined in section 1-303.

AGRICULTURAL USES

Agriculture. The use of land for the production of food and fiber, including general farming, truck gardens, horticultural, cultivation of field crops, orchards, groves, farm wineries and viticulture, nurseries for growing or propagation of plants, turf, trees, and shrubs, as well as keeping or raising for sale of large or small animals, fish, or poultry and in general all uses commonly classed as agricultural. Included with this use are a wide range of accessory activities including, the operation of heavy cultivating machinery, spray planes, irrigating machinery, wheelwright or blacksmith, storage of fertilizer, the storage of petroleum, the repair of personal farming equipment, and including structures for processing and sale of products raised on the premises. Excluded from this use is the commercial slaughtering and processing of large animals such as horses, cows, pigs, sheep, or goats, and any and all residential uses associated with the property.

Confined animal feeding operation (CAFO). Any enclosure, pen, feedlot, building or group of buildings used to feed, confine, maintain or stable the following animal types or combination of animal types and numbers to produce 300 animal units, together with any associated treatment, where both of the following conditions are met:

1.

Animals have been, are, or will be stabled of confined and fed or maintained for a total of 45 days or more in any 12-month period, and

2.

Crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the operation lot or facility.

Three hundred animal units is equivalent to the following singly or in combination:

(a)

300 slaughter and feeder cattle.

(b)

200 mature dairy cattle (whether milked or dry cows).

(c)

750 swine.

(d)

150 horses.

(e)

2,000 sheep or lambs.

(f)

16,500 turkeys.

(g)

30,000 laying hens or broilers.

This use shall include any operation determined to be a concentrated confined animal feeding operation by the Virginia Department of Environmental Quality.

Farm employee housing. A manufactured home, Class B, as defined under residential use types, located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multi-family dwelling(s) for seasonal employees in connection with an agricultural use, which relies on seasonal employees who must be housed.

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

Greenhouse, commercial. See "garden center" listed under commercial use types.

Greenhouse, private. The growing and storage of garden plants, shrubs, trees, flowers, vegetables, and other horticultural and floricultural products within a building whose roof and sides are made of glass or other transparent or translucent material. Items grown are used and/or consumed primarily by the occupants of the premises.

Roadside stand. A structure erected on the occupant's property used for the seasonal sale of agricultural or horticultural produce, livestock or merchandise produced on the farm by the owner or his family. This use type shall include agricultural products picked by the consumer, but shall not include agricultural products sold from a vehicle.

Sawmill. A facility used on a temporary or permanent basis where logs or partially processed cants are sawn, split, shaves, stripped, chipped or otherwise processed to produce wood products. A temporary sawmill used solely for personal use and not for commercial gain shall not be considered a sawmill.

Stable, commercial. The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies. A stable/tack shop is also included in this use type as an accessory use.

Stable, private. The keeping, breeding or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests.

RESIDENTIAL USES

Accessory apartment. An accessory dwelling unit on the same lot as a single-family detached dwelling or a commercial use that is clearly incidental and subordinate to the main use or a separate, complete housekeeping unit that is substantially contained within the structure of, and clearly secondary to, a single-family dwelling.

Apartment. See Multifamily dwelling.

Boarding house. A single-family dwelling unit, or part thereof, with three or more rooms that are rented individually or collectively by long-term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. A boarding house may make provisions for serving meals.

Condominium. A building or group of buildings containing three or more residential units in which the units are owned individually and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis and which has been created by the recordation of condominium instruments pursuant to the provision of Code of Virginia, ch. 4.2 of tit. 55.

Dwelling, multifamily conversion. A multi-family dwelling containing not more than four dwelling units and results from the conversion of a single building containing at least 2,000 square feet of floor area that was in existence on the effective date of this ordinance and that was originally designed, constructed and occupied as a single-family residence.

Dwelling, single-family, attached. Two single-family dwellings sharing a common wall area, each on its own individual lot.

Dwelling, single-family, detached. A one-family dwelling unit, other than a single-family farm dwelling, which is surrounded on all sides by yards or other open space located on the same lot and which is not attached to any other dwelling by any means. This use includes cabins, cottages and vacation homes.

Dwelling, single-family, farm. A one-family dwelling unit which is surrounded on all sides by yards or other open space located on the same lot and which is not attached to any other dwelling by any means, and is located on a lot or parcel containing at least ten acres.

Dwelling, two-family. A structure arranged or designed to be occupied by two families, the structure having only two dwelling units on the same lot. This use also includes duplexes.

Family day care home. A day care program offered during only a portion of a day in the residence of the provider or in the residence of any of the individuals being cared for and involves (i) serving six through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation; or (ii) six to 12 adults and which includes personal supervision of the adults and promotes social, physical, and emotional well-being through companionship, self- education and leisure time activities. Caring for five or less individuals shall be considered as a home occupation.

Group home. A residential facility, as defined in Code of Virginia, § 15.2-2291, in which no more than eight mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons, and licensed by the Virginia Department of Mental Health, as residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. Any use not meeting the definition of "group home" as herein stated, shall require a special use permit pursuant to section 1-1018 of this ordinance.

Guest house. Dwelling or lodging units for a temporary nonpaying guest or guests in a separate accessory building.

Home occupation, community. An accessory use of a residence for gainful employment involving the provision of goods and/or services in accordance with section 4-506, and which affords the greatest degree of protection to surrounding residents in those areas which are developing and becoming more suburban in nature.

Home occupation, rural. An accessory use to a residence for gainful employment involving the provision of goods and/or services in accordance with section 4-506, and which are associated with the more traditional agricultural and forestry related activities found in the rural areas.

Kennel, private. The keeping, breeding, raising, showing or training of five or more dogs over the age of four months for personal enjoyment of the occupants of the property, and for which commercial gain is not the primary objective.

Manufactured home, Class A. A manufactured home, commonly referred to as a "doublewide," constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect as the time of construction.

Manufactured home, Class B. A manufactured home, commonly referred to as a "single-wide," constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.

Manufactured home, Class C. Any manufactured home, usually consisting of a "single-wide" but also includes "double-wide", constructed before July 1, 1976.

Manufactured home, family member residence. A manufactured home, Class B located on a lot or parcel with an existing single-family dwelling. The inhabitant of the manufactured home is a family member of the owner of the existing single-family dwelling.

Manufactured home park. A residential use in which more than one manufactured home is located on a single lot or tract of land.

Manufactured home subdivision. A subdivision especially designed and improved to accommodate manufactured homes and in which lots are sold for occupancy by manufactured homes.

Manufactured home, temporary residence. A manufactured home, Class B used temporarily during the construction, repair, or renovation of a permanent residential structure on a single lot or parcel.

Multifamily dwelling. A building or portion thereof, which contains three or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high-rise apartments, and apartments for elderly housing.

Temporary emergency housing. A manufactured home, Class B or recreational vehicle used temporarily for a period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, acts of nature or used temporarily as housing relief to victims of declared disaster.

Townhouse. A grouping of two or more attached single-family dwellings in a row in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.

CIVIC USE TYPES

Battery energy storage system (BESS). A facility that houses battery energy storage equipment and technology that is capable of absorbing energy, storing such energy for a period of time, and redelivering such energy after it has been stored. Facilities are generally, but not always, used to supplement grid storage capacity. This definition does not include battery technologies utilized in consumer products and motor vehicles. In the Emerging Technology Zoning District, this use would be defined as an Energy Storage Facility.

Camp. A use that primarily provides recreational opportunities of an outdoor nature on a daily or overnight basis. Included in this use type would be scout camps, religious camps, children's camps, wilderness camps, and similar uses which are not otherwise specifically described in this ordinance.

Cemetery. A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof.

Child care institution. Any institution maintained for the purpose of receiving children for full-time care, maintenance, protection and guidance separated from their parents or guardians. This shall not include primary or secondary educational facilities or summer camps.

Club. A use providing meeting, or social facilities for social clubs, fraternal/sororal organizations, lodge, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. This definition excludes hunt clubs and dance halls, which are defined separately.

Community center. A place, structure, or other facility used for providing civic and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community. This use can also be referred to as a convention or civic center.

Community recreation. A recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are proposed or planned in association with development and are usually located within or adjacent to such development. Such uses may include clubhouses, swimming pools, work out facilities, and tennis courts.

Community-scale solar energy facility. An energy generation with a rated capacity greater than 1 MWac (megawatts alternating current) and no greater than 5 MWac. Facilities do not require connections to high voltage transmission lines.

Correctional facility. A public or privately operated use providing housing and care for individuals legally confined, designed to isolate those individuals from the community.

Crisis center. A facility providing temporary protective sanctuary for victims of crime or abuse, and homelessness including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical beatings.

Cultural service. A library, museum, or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts or sciences. Such uses shall include, but are not limited to libraries, museums, art galleries, and art centers.

Day care center. A facility that provides care during part of the day only to: (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care; and/or (ii) two or more adults and which includes personal supervision of the adults and promotes social, physical, and emotional well-being through companionship, self-education and leisure time activities.

Distributed solar energy facility. An solar energy generation facility with a rated capacity less than MWac. Distributed solar energy facilities are used to meet energy demands on-site and include rooftop and groundmounted photovoltaic arrays on residential, commercial, and institutional properties.

Educational facility. An educational institution, whether it is public, private or parochial, recognized or authorized by the Commonwealth of Virginia (or a similar reputable accreditation institution) to offer instruction in the branches of learning and study typical of primary, secondary, or collegiate institutions and authorized to award diplomas, or associate, baccalaureate or higher degrees. This shall include publicly supported vocational schools, but shall not include business and trade schools described as a commercial use type.

Halfway house. An establishment providing accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction or similar disorders, and/or to persons re-entering society after being released from a correctional facility or other institution.

Nursing home. A facility whose primary function is to provide nursing, assisted living, and health-related services for the treatment and inpatient care of two or more unrelated individuals, including facilities known as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities and nursing or nursing care facilities. A hospice is also included in this use. Excluded from this use type is any facility providing surgical or emergency medical services and facilities providing care for alcoholism, drug addiction, mental disease, or communicable disease.

Park and ride facility. A publicly owned, short-term parking facility for commuters.

Post office. Postal services directly available to the consumer operated by the United States Postal Service.

Public facilities. Facilities owned and operated by a government or quasi-government agency accommodating offices, safety and emergency services, and places of public assembly. Typical uses include federal, state and county offices, auditoriums, sports auditorium, convention facilities, fairgrounds, and police, fire and ambulance services.

Public maintenance facility. A government owned or operated facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities.

Public park and recreational area. Government owned and operated park, picnic area, playground, indoor or outdoor athletic facility, game preserve and open space.

Religious assembly. A use providing regular organized religious worship and related incidental activities within or out of a structure including accessory uses, such as daycare facilities, but not including educational facilities, primary and secondary.

Rehabilitation service. A use providing recuperative or similar services for persons requiring rehabilitation assistance as a result of physical, mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a 24-hour day.

Utility service/major. A service of a regional nature which normally entails the construction of new buildings or structures such as switching facilities and stations or substations, community waste water treatment plants, and water supply and production in excess of 50,000 gallons per day. Included in this definition is also electric, gas and other utility transmission lines of a regional nature that are not otherwise reviewed and approved by the Virginia State Corporation Commission.

Utility service/minor. A services which is necessary to support development within the immediate vicinity and involve only minor structures. Included in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, remote switching stations well, water, and sewer pump stations.

Utility-scale solar energy facility. A solar energy generation facility with a rated capacity greater than 5 MWac.

COMMERCIAL USE TYPES

Adult entertainment establishment. An establishment having a substantial or significant portion of its stock- in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material. This use includes any adult bookstore, adult mini-motion picture theater, adult picture theater, cabaret, gentleman's club, massage parlor, drug paraphernalia store, or tattoo parlor.

Agricultural service. An establishment primarily engaged in providing services specifically to the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services.

Antique shop. A place offering primarily antiques for sale. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old.

Auction establishment. A structure or enclosure where goods and/or livestock are sold by auction on a recurring basis. Expressly excluded from this use are non-recurring auctions of property, possessions, estates, and other items located at the premises where the auction is being conducted.

Bank. Provision of financial and banking services to consumers or clients. Walk-in/drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, saving banks, credit unions and lending establishments.

Bed and breakfast. A dwelling or portion thereof, in which no more than seven lodging units are provided by the owner or operator who resides on the premises. This use offers short term lodging rooms and meals for transient guests, none of who remain for more than 14 consecutive nights each. This definition shall include the term tourist home.

Boat repair yard. See "marina" listed under commercial use types.

Business support service. Establishment or place of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, mail and packaging stores, as well as temporary labor services.

Business or trade school. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise specifically defined as an educational facility.

Campground. Any site, lot, parcel or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and recreational equipment, recreational vehicles, and which is primarily used for recreational purposes and retains an open air or natural character.

Campground, workforce. A small campground facility intended for the temporary workforce routinely required by establishments in the community for periods of up to four months at a time, and are intended to have only the minimum essential services necessary for recreational vehicles. (See section 4-705.)

Car wash. Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self- service car washes.

Commercial indoor recreation. Establishments which provide recreational activities for participants and/or spectators within an enclosed building. Typical uses include game rooms, pool halls, video arcades, bingo parlors, off-track betting, motion picture theaters, drama theaters, concert or music halls, bowling alleys, ice and roller skating rinks, indoor racquetball, squash courts, swimming, and/or tennis facilities, archery and indoor shooting ranges and similar uses.

Commercial outdoor recreation. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include motor vehicle, boat, motorcycle or animal racing facilities/complexes, drive-in movies, miniature golf, golf driving range, amphitheaters and outdoor amusement parks, motorized cart and motorcycle tracks, motorized model airplane flying facilities, and swimming pools and tennis facilities.

Professional and semi-professional athletic fields shall also be included in this use.

Construction office, temporary. A trailer used as a temporary office during a construction operation. This use includes construction office trailers occupied in conjunction with residential or non-residential development.

Convenience store. Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, limited household supplies and hardware.

Crematorium. A location used for cremation containing properly installed, certified apparatus for this process.

Dance hall. Any establishment open to the general public where dancing is permitted and a cover charge is directly or indirectly required for entry into the establishment.

Equipment sales and rental. Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

Event center. A multipurpose facility with flexible indoor/outdoor space to include, but not limited to activities such as weddings, convention meetings, job fairs, and trade shows.

Farmer's market. A public market place where fresh foods from the county and adjoining communities are sold directly to consumers by the people who have grown, gathered, raised or caught them.

Flea market. Occasional or periodic commercial activities held in an open area or enclosed structure where groups of sellers rent space on a short-term basis to display, barter, or sell goods to the general public. A fee may be charged for expected buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. A flea market is composed of semi-closed or outdoor stalls, stands, or spaces.

Funeral home. Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. This use excludes crematorium, which is defined separately.

Garden center. Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers.

Gasoline station. A facility for the retail sale of motor vehicle fuels, oils, and accessories, where repair is incidental, where no more than two abandoned vehicles or other motor vehicles shall be stored on the premises. May include the sale of propane or kerosene as an accessory use.

General service and repair. An establishment engaged in the maintenance and repair of household appliances and equipment.

Golf course. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par three golf courses.

Hospital. A building or group of buildings having room facilities for one or more patients, used for providing services for the in-patient medical or surgical care of sick or injured humans and which may include related facilities such as laboratories, out-patient departments, training facilities, central service facilities and other incidental and subordinate uses integral to hospital operations.

Hospital, special care. A special care hospital shall mean an institution rendering care primarily for patients with mentally-related illness, or under treatment for alcoholism, substance abuse, etc.

Hotel/motel/motor lodge/inn. A building or group of attached or detached buildings containing more than seven lodging units intended primarily for rental or lease to transients and the traveling public by the day or week. Such uses generally provide additional services such as daily maid service, restaurants, taverns, or public banquet halls, ballrooms, and meeting rooms and/or recreation facilities.

Kennel, commercial. The boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises. Included in this use type shall be animal shelters, animal rescue establishments, and similar uses, whether publicly or privately owned.

Laundry. Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.

Livestock auction market. A commercial establishment wherein livestock is collected for sale and auction.

Lumber yard. Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding motor vehicle or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.

Manufactured home sales. Establishment primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment.

Marina. A use for docking or mooring of more than four boats (excluding paddle or rowboats) or providing services to boats, including servicing and repair, sale of fuel and supplies, and provisions of lodging, goods, beverages. A yacht or boat club shall be considered a marina.

Medical office. Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance stop. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia.

Mini warehouse. A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of 400 square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.

Motor vehicle sales. Any lot or establishment where two or more new or used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one time for sale, lease, or rent including warranty repair work and other major and minor repair service conducted as an accessory use.

Motor vehicle/outdoor storage. The outdoor storage of motor vehicles, and boats. Motor vehicles in this use shall include cars, trucks, sport utility vehicles, motorcycles, boats, motor homes or RV's.

Motor vehicle parts/supply, retail. Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services.

Motor vehicle repair service/major. Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted.

Motor vehicle repair service/minor. Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services, automobile glass repair and similar repair and service activities where minor repairs and routine maintenance are conducted.

Office, general. Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices.

Pawn shop. A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.

Personal improvement service. Establishment primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health fitness centers or gyms, reducing salons, dance studios, handicraft and hobby instruction facilities.

Personal service. Establishment or place of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barbershops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and Laundromats and dry cleaning stations serving individuals and households.

Real estate office, temporary. A Class A or B manufactured home, single family home or other structure used on a temporary basis as a real estate sales office in conjunction with residential development.

Recreational vehicle sales and service. Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories.

Restaurant, drive-in fast food. An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, primarily served in disposable containers at a counter, a drive-up or drive through service facility or offers curb service.

Restaurant, general. An establishment engaged in the preparation of food and beverages. This use in characterized by table service to customers in non-disposable containers and includes catering services.

Retail sales. Sale or rental with incidental service of commonly used goods and merchandise for personal or household use which is not otherwise specifically described in the listing of commercial use types contained herein. Such uses include bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores, clothing stores, and floral retail shops.

Studio, fine arts. A building, or portion thereof, used as a place of business for visual art, which may include sculptors, artists or photographers.

Taxidermy. A building where animal skins are prepared, stuffed and mounted for sale.

Truck stop. An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry, and similar uses.

Truck terminal. See "warehousing and distribution" listed under industrial use types.

Veterinary hospital/clinic. Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel.

INDUSTRIAL USE TYPES

Asphalt plant. An establishment engaged in manufacturing or mixing of paving materials derived from asphaltic mixtures of tar.

Contractor's yard. Establishments housing facilities of businesses primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building construction yards.

Convenience center. A government operated facility used for the collection of trash, garbage, and rubbish, including receptacles for the collection and storage of recyclable materials.

Custom manufacturing. Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, and the use of mechanical equipment commonly associated with residential or commercial uses or a single kiln. Typical uses would include pottery, cabinet or woodwork shops.

Industry, Type I. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be assembly of electrical appliances, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemical, production of items made of stone, metal or concrete.

Industry, Type II. Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw material such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous metals, and the production of large durable good such as automobiles, manufactured homes, or other motor vehicles.

Industry, Type III. An establishment which has the potential to be dangerous or pose an extreme risk to public health, safety and general welfare and is not identified as another industrial use type. Included are those in which explosives are stored, petroleum is refined, natural and liquid and other petroleum derivatives are stored and/or distributed in bulk, radioactive materials are compounded, pesticides, fertilizers and certain acids are manufactured, and hazardous waste is treated or stored as the establishment's principal activity.

Laboratory. Establishment primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental and forensic laboratories, x-ray services, and pharmaceutical laboratories only involved in research and development. Excluded are any laboratories which mass produce one or more products directly for the consumer market.

Landfill. The use of land for the legal disposal of specific industrial waste, construction and demolition wastes, or municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations. A landfill shall include a sanitary landfill, a rubble landfill, or an industrial landfill as further defined and regulated by the appropriate state regulatory agency.

Meat packing. The processing of meat products and byproducts directly from animals or offal from dead animals.

Mining. A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use.

Power plant. An establishment that produces electricity for offsite distribution to the consumer. This use shall include all storage, handling, maintenance, use, and disposal of materials otherwise permitted by law.

Recycling center. A privately operated facility for the collection and storage of recyclable materials designed and labeled separately for citizens to voluntarily take source materials for recycling.

Scrap and salvage service. Any lot or place engaged in the storage, sale, dismantling or other processing or uses of waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, automotive wrecking yards, junk yards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies. (See also the definitions of Automobile wrecking yard and Junkyard in section 2-102.)

Shipping container. Primarily a metal container used to pack, ship and store goods. On land they are kept in shipping or storage yards.

Transfer station. Any storage or collection facility which is operated as a relay point for municipal solid waste which ultimately is transferred to a landfill.

Warehousing and distribution. Uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses, truck terminals and moving/storage firms.

MISCELLANEOUS USE TYPES

Alternate discharge sewage system. Any device or system which results in a point source surface discharge of treated sewage with flows less than or equal to 1,000 gallons per day on a yearly average. These systems are regulated by the Virginia Department of Health and under a general Virginia Pollution Discharge Elimination System (VPDES) permit issued by the Virginia Department of Environmental Quality (DEQ).

Amateur radio tower. A structure on which an antenna is installed for the purpose of transmitting and receiving amateur radio signals erected and operated by an amateur radio operator licensed by the FCC (Federal Communications Commission).

Aviation facility, commercial. Any area of land or water designated for the landing and take-off of scheduled aircraft flights or the operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. This use includes both commercial and general aviation facilities. Aircraft includes helicopters, gyrocopters/planes, powered and non-powered fixing-wing aircraft, hang gliders and paragliding and hot air balloons.

Aviation facility, private. Any area of land used or intended for the landing and taking-off of aircrafts for personal use of the tenant or owner of the site, not available for public use or commercial operations. Aircraft includes helicopters, gyrocopters/plane, powered and non-powered fixing-wing aircraft, hang gliders and paragliding and hot air balloons.

Communication tower. A structure on which an antenna or dish is installed for the transmission, broadcasting or receiving of radio, television, radar, or microwaves, and similar types of devices. Included under this use type are aviation radio towers, and cellular phone towers. Excluded are amateur radio towers, which are described separately.

Hunt club. Uses and structures which serve as social organization gathering spots for persons engaged in hunting and fishing. Dog kennels may be considered an accessory use.

Hunting preserve. An area of land that is enclosed by fence where propagated wild animals and wildlife are released and hunted.

Outdoor gathering. Any temporary organized gathering expected to attract 300 or more people at one time in open spaces outside an enclosed structure. Included in this use type would be music festivals, church revivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this section.

Parking facility. Use of a site for surface parking unrelated to a specific use or a parking structure which provides parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this ordinance. This use type shall not include parking facilities accessory to a permitted principal use.

Reconstructed wetland. A wetland constructed in a designated area which has not previously been a wetland and is isolated from existing wetlands to replace a wetland destroyed by human activity as required by a state or federal governmental authority.

Shooting range, outdoor. The use of land for archery and the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or competitions. Excluded from this use type shall be general hunting, and nonrecurring discharging of firearms on private property with the property owner's permission.

Turkey shoot. A temporary non-recurring event consisting of a shooting gallery to test individual marksmanship where the best marksman wins a prize, usually a turkey, hence the turkey shoot.

Windmill. A structure designed and constructed or erected for the purpose of converting wind energy into mechanical or electrical power. Windmills are also sometimes called wind energy conversion systems or WECS.

(Ord. No. 2024-08, 12-5-2024; Ord. No. 2025-01, § 1, 2-13-2025; Ord. No. 2025-02, 4-3-2025)