This chapter, the full title of which is "City of Emporia, Virginia, Zoning and Subdivision Ordinance," shall be permitted, for convenience, to be referred to as the "zoning and subdivision ordinance" or "this ordinance."

(a)

General terms. For the purposes of this ordinance, certain words or terms shall be defined as follows:

(1)

Words used in the present tense include the future. Words in the singular include the plural, and the plural includes the singular.

(2)

The word "shall" or "must" is always mandatory; the word "may" is permissive.

(3)

The words "used for" include "designed for," "arranged for" or "occupied for."

(4)

The word "building" includes "structures" and shall be construed as if followed by the phrase "or part thereof."

(5)

The word "person" includes "individual," "partnership," "company," "profit or nonprofit corporation," "organization" or other similar entities.

(6)

The word "erected" shall be deemed also to include "constructed, reconstructed, altered, placed, or moved."

(7)

The word "state" means the Commonwealth of Virginia.

(8)

The word "city" means the City of Emporia, Virginia.

(9)

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

(10)

Unless otherwise specified, the term "day" means a calendar day.

(11)

Unless otherwise specified, all distance shall be measured horizontally and at right angles to the line in relation to which the distance is tied.

(12)

The terms "architect," "engineer," "landscape architect," and "surveyor," or other profession listed, refer to those professionals who are registered with the state department of professional and occupational regulation to practice those professions.

(b)

Specific terms. The following words, terms, and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Access means the right of pedestrians and vehicles to cross to or from a public right-of-way and private property.

Accessory structure means a building or structure subordinate to and located on the same lot with a main building, the use of which is clearly incidental to that of the main building or to the use of the land, and which is not attached by any part of a common wall or roof to the main building. The term "accessory structure" also includes, but is not limited to, portable storage containers, gazebos, carports, private greenhouses, and sheds which may be modular in nature and are delivered to the site and which may or may not have a foundation. Accessory building or structure does not include motorhomes, travel trailers, or other recreational vehicles.

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

Act of God means any natural disaster or phenomena including, but not limited to, a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, or fire caused by lightning or wildfire.

Adaptive reuse residential means the redevelopment and adaptive reuse of existing structures to a multiple family dwelling. In the case of adaptive reuse, the existing structure was originally designed for fully-commercial uses, or ground-level commercial use with upper-floor residential uses.

Adjacent means to be separated by common property lines, lot lines, streets, or roads; also known as: abutting, adjoining, contiguous, or touching.

Administrator means the official, or an authorized agent thereof, responsible for administering and enforcing this ordinance, also referred to in this ordinance as the "zoning administrator."

Adult use means any premises from which minors are excluded and in which features the viewing, retail sale, and/or rental of books, magazines, newspapers, digital media, movie films, devices, or other photographic or written productions. Additionally, any premises from which minors are excluded and operates as a nightclub, bar, restaurant, or similar establishment that regularly features live performances that have a dominant theme or purpose intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas.

Agent means the representative of the city council who has been appointed to serve as the agent of the council in approving the subdivision plats.

Alley means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.

Amateur radio tower means amateur radio antennas means a freestanding or building mounted structure, including any base, tower or pole, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission.

Amendment means a change in the text or in the official zoning map which is a part of this ordinance.

Application means a request completed on a form or forms with all accompanying documents, exhibits, and fees required, indicating a desire to be granted a permit, amendment, or other action under the provisions this ordinance.

Area, buildable means the portion of a lot or site, exclusive of required setbacks, landscaping, or open space within which a structure may be built.

Area, gross means the total area within a lot before dedication for roads, open spaces, or other public uses - but not including rights-of-way, easements owned by others, or floodplains/wetlands within a development.

Arterial street or major highway is a general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.

Automobile sales and rental means a lot arranged, designed or used for the storage and display for sale, lease, or rent of any new or used automobile capable of independent operation or any type of boat, travel trailer, and recreation vehicle, provided the travel trailer and recreation vehicle is unoccupied, and where warranty repair work and other major and minor repair service is done wholly within an enclosed building as an accessory use.

Automobile service means a facility for major body, engine, and transmission repairs of automobiles, commercial vehicles, or trucks, and trailers, but does not include a junkyard as defined by this ordinance. Typical uses include, but are not limited to, automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, painting, or other similar uses where installation or repair activities are conducted.

Bare-root planting means planting of perennial plants whose roots are not wrapped via balling and burlap, and whose roots are exposed when planted.

Base floor or lowest floor means the level of the lowest floor of a building, or basement, if included in the building.

Basement means any area of the building having its floor surface sub-grade (below ground level) on any side.

Bed and breakfast means a single family dwelling, that is occupied by the owner or agent who resides on premises, that provides temporary lodging. Food service shall be at least one meal per day, to each person to whom overnight lodging is provided.

Bicycle parking rack means a stationary fixture to which a bicycle can be supported upright, provide two points of contact, and be securely attached (typically using a bicycle lock) to prevent theft.

Block means an area of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of the city.

Board of zoning appeals (BZA) means a quasi-judicial board appointed to review appeals and requests for variances made by individuals with regard to decisions of the zoning administrator in the interpretation of this ordinance and to authorize, upon appeal, variances from the terms of this ordinance when justified by special conditions.

Boundary means a line, which may or may not follow a visible feature, that defines the limits of a geographic entity such as a zoning district, block, census tract, city, county, or place.

Boundary line adjustment means the alteration of property lines between two adjacent lots.

Brewery, distillery, or winery means an establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of more than 1,000 barrels per year; or primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of more than 5,000 gallons of finished product per year; or primarily engaged in the crushing, fermentation, bulk aging/storage, and bottling of grapes that are primarily brought in and not grown on-site, at a capacity of more than 5,000 gallons per year. The development may include other accessory uses such as a standard restaurant, tasting room, or live entertainment.

Brewery, distillery, or winery, micro means an establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of not more than 1,000 barrels per year; or primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of not more than 5,000 gallons of finished product per year; or primarily engaged in the crushing, fermentation, bulk aging/storage, and bottling of grapes that are primarily brought in and not grown on-site, at a capacity of less than 5,000 gallons per year. The development may include other accessory uses such as a standard restaurant, tasting room, or live entertainment.

Buffer, transitional means a strip of land, with plantings, designed to set apart and protect one space or activity from an adjacent space or activity.

Building means any structure having a roof supported by columns, walls, or other means. If separated by dividing walls from the ground up without openings, each portion of a building shall be deemed a separate building.

Building height means the vertical distance from the level of the curb, or established curb grade that is opposite the front of the structure to the highest point of the roof or the median between ridge and hip, as shown in figure 4.1 of article IV.

Business support services means the use of land for the sale, rental, or repair of office equipment and supplies or the provision of services used by office and service establishments. Typical uses include, but are not limited to, office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, or information technology support services.

Caliper means a measure of tree size, determined by measuring the diameter of the tree at breast height.

Canopy (attached) means an architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

Canopy (freestanding) means a freestanding structure composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

Car wash means a structure or portion thereof, standalone or accessory to gas station, containing facilities for washing and/or waxing motor vehicles, typically using production-line automated or semiautomated methods for washing, whether or not employing a chain conveyor, blower, steam cleaning or similar mechanical devices operated either by the patron or others. Car washes are a separate use and not treated as accessory to gasoline stations, automobile service, or other similar uses.

Casino gaming establishment means the premises upon which lawful casino gaming is authorized and licensed as provided in Code of Virginia, § 58.1-4100 et seq. This does not include a riverboat or similar vessel.

Catering facility means an establishment in which food and meals are prepared on premises, and where such food and meals are delivered to another location for consumption for a fee.

Cemetery, public means any land or structure used or intended to be used for the interment of human remains. Additionally, a cemetery includes mausoleums, columbaria, chapels, administrative offices, and maintenance and storage areas (Code of Virginia, § 15.2-2288.5). The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.

Certificate of occupancy means the permit issued by the building official that is required under the Uniform Statewide Building Code prior to the use or occupancy of certain buildings and structures.

City council means the city's governing body. City council members are elected by popular vote and are responsible for enacting ordinances, imposing taxes, making appropriations, and establishing city policy. The city council adopts the comprehensive plan, zoning, and subdivision regulations.

Club means a use providing educational, meeting, or social facilities for civic or social clubs, fraternal/sororal organization, 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. A club does not include a building in which members reside.

Collector street means a street which primarily carries traffic from local street to arterial streets, including the principal entrance and circulation routes within residential subdivisions.

Commercial laundry means 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.

Commission. See planning commission.

Communications services means an establishment primarily engaged in the provision of broadcasting and other information relay services accomplished using electronic and telephonic mechanisms. Excluded from this use type are facilities classified as utility services, major or broadcasting or communication towers. Typical uses include television studios, telecommunication service centers, telegraph service offices or film and sound recording facilities.

Community/cultural center means a place, structure, or other facility used for the public display, performance, or enjoyment of heritage, history, or the arts. This use includes but is not limited to: museums, arts performance venues, recreational programs, cultural centers, or interpretive sites, but does not include commercially-operated theatres and event venues.

Comprehensive plan means the document as required by Code of Virginia, § 15.2-2223 et seq., and as approved and adopted by the city council.

Concept plan means a generalized plan indicating the boundaries of a tract or tracts of land, and presenting the general arrangement of proposed facilities, uses, structures, and improvements.

Conditional use permit means a permit issued by the city council after recommendation by the planning commission for a use that may be appropriate in a zoning district, but because of its nature, extent, and external effects, requires special consideration and restrictions relating to its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings.

Conditional zoning means a method for rezoning that permits the reasonable and orderly development and use of land with special restrictions in those situations in which unique, specific circumstances indicate that the existing zoning district regulations are not adequate.

Construction material sales means an establishment or place of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but this use shall not include automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.

Construction temporary uses means a manufactured home or other similar structure used as a temporary office to meet a short-term need in conjunction with a construction project.

Construction yard means an establishment or place of business primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards.

Consumer repair services means an establishment or place of business primarily engaged in the provision of repair services to individuals, rather than businesses, but this use shall not include automotive and heavy equipment repair use types. Typical uses include repair of electronics, shoes, watches, jewelry, or musical instruments, vacuum cleaners, power tools, electric razors, and refrigerators.

Crematorium means a commercial establishment that specializes in the cremation of corpses, including pets.

Cul-de-sac means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.

Data and computer services means a use involving a building and premises in which the majority of the space is occupied by computers and/or telecommunications and related equipment, and where information is processed, transferred, and/or stored. Examples include data centers, data technology centers, internet service providers, network operations centers, web hosting facilities, and other similar uses.

Day care center means any facility operated for the purpose of providing care, protection, and guidance during only part of a 24-hour day. This term includes nursery schools, preschools, day care centers for individuals, including adults, and other similar uses. Excluded are public and private educational facilities, family day home, or any facility offering care to individuals for a full 24-hour period.

Density means the number of dwelling units that are allowed on a given unit of land, which shall be permitted to include dedicated streets contained within the development. Density is determined by dividing the total number of residential units or lots to be located on the parcel by the area of the base parcel.

Developer means any person, group or persons, corporation, or other legal entity who, having an interest in land directly or indirectly sells, leases or develops or offers to sell, lease or develop, or advertises for sale, lease or development any lot, tract, parcel, site, unit or interest for residential, commercial or industrial development.

Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

District. See zoning district.

District, commercial means a zoning district intended primary for commercial activity, which allows specified commercial, recreational, and public uses; includes DT, C-1, and C-2 districts.

District, industrial means a zoning district intended primary for industrial activity, which allows specified industrial and other uses; includes I-1 and I-2 districts.

District, overlay zoning means a district which addresses special land use circumstances or environmental safeguards by superimposing additional standards and regulations over the underlying primary zoning district. Permitted uses in the underlying primary zoning district shall continue subject to compliance with the regulations of the special zoning district.

District, planned development means a zoning district that is designated for and contains a planned development, as defined by this ordinance.

District, primary zoning means a district which includes a specifically delineated area in the city, within which regulations and requirements uniformly govern the use, placement, spacing, size, and other requirements of land and structures.

District, residential means a zoning district intended primary for residential activity, which allows specified residential, recreational, and public uses; includes R-1, R-2, R-3, and R-MH districts.

Drive-through window means 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.

Driveway means a private access route from a public street, private road, or alley to the interior of a lot or parcel of land.

Dwelling, manufactured home means a "single-wide," "double-wide," or "triple-wide" structure that is transportable in one or more sections, is eight feet or more in width and 40 feet or more in length in the traveling mode, is built on a permanent chassis and is designed for use as a dwelling unit with or without a permanent foundation when connected to the required utilities. For purposes of this ordinance, a manufactured home must meet the standards promulgated by the United States Department of Housing and Urban Development (HUD), published at 24 CFR part 3280, including the ANSI standards incorporated therein by reference. For purposes of this chapter, a manufactured home must bear a data plate declaring that it meets HUD standards.

Dwelling, multi-family means a building arranged or designed to be occupied by three or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type but not limited to would be garden apartments, low-and high-rise apartments, apartments for elderly housing, and condominiums.

Dwelling, single family means a site built or modular building designed for and used exclusively as one dwelling unit for permanent occupancy by one family, which is surrounded by open space or yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means.

Dwelling, townhouse means a row of three or more dwelling units, each separated from one another by a continuous vertical wall without opening from basement floor to roof between units, which is commonly known as a firewall, and each on a separate parcel.

Dwelling, two-family, also referred to as a "duplex," means a building arranged or designed to be occupied by two families, having only two dwelling units.

Educational facility, college, university, business or trade means an educational institution authorized by the commonwealth toward certificate, license, associate, baccalaureate or higher degrees, and facilities associated with it. This term includes academic buildings, administrative facilities, dormitories, special housing, parking areas, dining halls and other physical plants associated with the college, university, business or trade school use.

Educational facility, primary or secondary means a public, private, or parochial school offering instruction at the primary, elementary, junior, and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the commonwealth.

Equipment sales, service, and repair (heavy) means establishments primarily engaged in the sale, rental, or repair of tools, tractors, construction equipment, commercial equipment, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

Event venue means a business where the primary use is to host events such as weddings, wedding receptions, bridal receptions, rehearsal luncheons and dinners, anniversary celebrations, galas, birthday parties, family reunions, ordinations, funeral receptions, fundraisers, retirement parties, corporate meetings, conferences, trade shows, speaker luncheon series, auctions, museum exhibits and similar events. An event venue may be indoors or outdoors. Event venues may also be accessory or ancillary uses to other uses, such as, hotels or restaurants. Event venues shall not include government and military services.

Family day home (1—4 individuals) means a child day program, as defined under Code of Virginia, § 22.1-289.02, for children offered in the residence of the provider for up to four children at any one time, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.

Family day home (5—12 children) means a child day program, as defined under Code of Virginia, § 22.1-289.02, for children offered in the residence of the provider for between five and 12 children at any one time, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.

Family health care structure, temporary, as required by and pursuant to all conditions set forth in Code of Virginia, § 15.2-2292.1, means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that:

(1)

Is primarily assembled at a location other than its site of installation;

(2)

Is limited to one occupant who shall be the mentally or physically impaired person, or in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person and the other requires assistance with one or more activities of daily living as defined in Code of Virginia, § 63.2-2200, as certified in writing by a physician licensed in the commonwealth;

(3)

Has no more than 300 gross square feet; and

(4)

Complies with applicable provisions of the Industrialized Building Safety Law (Code of Virginia, § 36-70 et seq.).

Farmers markets means retail sale of fresh fruits and vegetables, and other food and related items, at a facility with spaces occupied by several different temporary tenants on a short-term or daily basis; indoor or outdoor.

Fence means a barrier of man-made construction preventing movement across a boundary, including walls that do not support a roof, but not retaining walls.

Financial institution means an establishment whose principal purpose is the provision of financial services, including but not limited to, an insured depository institution, a credit union, a federal home loan bank, a small business investment company, a depository institution holding company, a mortgage lending business, or other institutions as defined by federal code.

Fleet vehicle means a vehicle that is owned or leased by a business, government agency, or other organization rather than by an individual.

Footcandle means a measure of light falling on a surface. One footcandle equals the amount of light generated by one candle shining on one square foot surface located one foot away. Footcandle measurements must be made with a photometric light meter.

Frontage, building means the length of an exterior building wall or structure of a single premises oriented to the public way or other properties that it faces.

Funeral home means a building used for and engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals.

Gas station means any place of business with fuel pumps and underground or aboveground storage tanks that provides fuels and oil by individual sale for motor vehicles and equipment. A store associated with automobile fuel sales shall be considered a gas station.

Glare means the sensation produced by a bright light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, which causes annoyance, discomfort, or loss in visual performance.

Governing body (also referred to as "legislative body") means the City Council of Emporia, Virginia.

Grade, established curb means the elevation of the established curb, or centerline of the street, in front of a building or structure.

Group home, large, as provided by Code of Virginia, § 15.2-2291, means a licensed residential facility in which nine or more mentally ill, intellectually disabled, or developmentally disabled persons or more than nine aged, infirmed or disabled persons reside, with one or more resident counselors or other resident or nonresident staff persons, shall be considered a residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. Such facility shall be licensed by the state department of behavioral health and development services (Code of Virginia, § 15.2-2291).

Group home, small, as provided by Code of Virginia, § 15.2-2291, means a licensed residential facility in which no more than eight mentally ill, intellectually disabled, or developmentally disabled persons or no more than eight aged, infirmed or disabled persons reside, with one or more resident counselors or other resident or nonresident staff persons, shall be considered a residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. Such facility shall be licensed by the state department of behavioral health and development services (Code of Virginia, § 15.2-2291).

Hazardous materials, storage and distribution means the storage and/or distribution of any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety of the environment.

High-pressure sodium vapor means a high intensity discharge light source in which the arc tube's primary internal element is sodium vapor. High-pressure sodium vapor lamps emit a broader spectrum of light than low-pressure lamps.

Home occupation means any occupation or activity which is clearly incidental and secondary to use of the premises as a dwelling and which is carried on wholly or in part within a main building or accessory building by a member of the immediate family residing in the home.

Hospital, pursuant to Code of Virginia, § 32.1-123, means any facility licensed in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including hospitals known by varying nomenclature or designation such as children's hospitals, sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical, and inpatient or outpatient maternity hospitals.

Hotel means the use of land for transitory lodging or sleeping accommodations offered to transients for compensation, typically by the day or week. Typical uses include hotels, motels, travel lodges, or hostels, but not including a bed and breakfast or short-term rental.

Improved surface means a surface made of asphalt, concrete, brick, stone pavers, or an equivalent hard, dustless, and bonded material.

Interior aisle means a portion of a parking area which abuts, on one or more sides, parking spaces to which it provides access, and which is not used for the parking of vehicles.

Junkyard/salvage yard means an establishment or place of business which is maintained, operated or used for storing, keeping, buying, or selling scrap metal, or for the maintenance or operation of an automobile graveyard. The definition does not include litter, trash, and other debris scattered along or upon roadways, or temporary operations and outdoor storage of limited duration.

Jurisdiction means the area or territory subject to the legislative control of the governing body.

Kelvin light color temperature means a light bulb color temperature's unit of absolute temperature, noted by the symbol K. The higher the Kelvin rating, the whiter the light will be. The Kelvin scale is generally as follows: 2700K (warm incandescent), 3000K (warm white halogen) and 3500K (household fluorescent).

Kennel, commercial means any location where raising, grooming, caring for, dog day care services, or boarding of three or more dogs, cats, or other small animals over four months of age for commercial purposes is conducted.

Laboratory, research and development means an establishment whose principal purpose is the research, compounding and/or packaging of scientific products, or research and development of innovative ideas in technology-intensive fields. Examples include research and development of communication systems, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes and light manufacturing may be associated with this use.

Landscaping means the finishing and adornment of unpaved yard areas. Materials and treatment include naturally growing elements such as grass, trees, shrubs, and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features, and contouring of the earth.

Life care facility means a residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing home type care where all related uses are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents.

Light emitting diode means a semiconductor light source that emits light when current flows through it. Also referred to as an LED.

Loading space means a space within the main structure or on the same lot therewith, providing for the standing, loading, or unloading of trucks and other vehicles, and which has access to a street, alley, or other appropriate means of ingress and egress.

Lot means an occupied or vacant 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.

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

Lot, double frontage means an interior lot that has frontage on two streets; sometimes referred to as a through lot.

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

Lot, irregular means a lot whose location, shape, or orientation is such that the application of general measurements cannot be reasonably applied; an irregular lot typically has opposing property lines that generally are not parallel.

Lot, regular means a lot that is located, shaped, and oriented to adjacent lots in such a way that the application of general measurements can be reasonably applied, and the location of front, side, and rear setbacks is logically determined by, and related to, adjacent streets and setback patterns.

Lot area means the total horizontal area included within the lot lines of a lot.

Lot coverage means the percentage of a lot, when viewed from above, that would be covered by a structure or structures (or any part thereof), including driveways, decks, stairs, eaves, and other improvements.

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

Lot frontage means the horizontal distance between the side lot lines of a lot, measured at the street or road right-of-way.

Lot line, front means a lot line connecting the foremost points of the side lot lines and delineating the lot from the abutting street or road.

Lot line, rear means a lot line which is opposite and most distant from the front lot line and connecting the rearmost points of the side lot lines.

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

Lot of record means a lot shown on a plat or other legal description of which has been recorded in county circuit court clerk's office, prior to the effective date of this ordinance.

Lot width means the horizontal distance between the side lot lines of a lot, measured at the front setback.

Low-pressure sodium vapor means a high intensity discharge light source in which the arc tube's primary internal element is sodium vapor. Low-pressure sodium vapor lamps only give monochromatic yellow light and so inhibit color vision at night.

Luminaire means a complete electric light unit.

Luminaire, directionally shielded means an outdoor light fixture that contains visors, louvers, and other types of shields or lenses designed to direct light onto a targeted area and to minimize stray light.

Luminaire, full cut-off means an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected down below the fixture.

Luminaire, outdoor means a luminaire which is permanently installed outdoors including, but not limited to, devices used to illuminate any site, structure, or sign, except that it does not include an internally illuminated sign.

Manufactured home park means an area designed, constructed, equipped, operated, and maintained for the purpose of providing spaces for two or more manufactured homes intended for use as occupied dwelling units and meeting or exceeding all applicable requirements for manufactured home parks as stipulated by this ordinance and the commonwealth.

Manufactured/modular home sales means establishments engaged in the sale or rental of manufactured and modular homes.

Manufacturing, heavy means the processing and/or converting of raw, unfinished material and/or products into articles or substances of a different character or for use for a different purpose. Uses may have significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in manufacturing or other processes. Uses may include, but are not limited to, asphalt plants, concrete plants, lumber mills, and planning mills.

Manufacturing, light means establishments primarily engaged in the on-site production of goods by hand manufacturing, assembly, packaging or fabrication of materials and products within enclosed structures without significant external effects such as smoke, noise, soot, vibration, odor, and the like. Uses may include, but are not limited to, a machine shop, bottling, electronic equipment, business machines, furniture, medical appliances, tools or hardware, any other product of a similar nature. Retail sales may be incidental to the manufacturing use.

Manufacturing, small-scale means an establishment where shared or individual tools, equipment, or machinery are used to make products on a small scale, including the design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage, retail or wholesale sales and distribution of such products. Typical small-scale production establishments include, but are not limited to the making of electronics, prints, leather products, jewelry and clothing/apparel, metal work, glass, ceramic or paper, together with accessory uses such as training or educational programs.

Mixed-use structure means a building that contains a variety of complementary and integrated uses, including but not limited to residential, office, research and development, production, retail, public, entertainment, conference, and lodging uses arranged in a compact urban form.

Nit means a measurement of candelas per square meter (cd/m ² ) and used frequently to describe sign luminance and to measure sign brightness.

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

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

Nonconforming use means the otherwise legal use of a building, structure, or a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located - either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance. Any use that was unlawful on the date of adoption of this ordinance shall remain unlawful and shall not be a nonconforming use.

Nursing home means a use providing bed care and in-patient services for the aged and infirm that require regular physical and mental medical attention, including facilities known by varying nomenclature or designation such as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities and assisted living facilities. This use does not include a facility providing surgical or emergency medical services or a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease; nor does this include life care facility uses and activities, as defined in this ordinance.

Office, general means the use of land wherein the primary use is the conduct of a business or profession such as, but not limited to accounting, tax-preparation, lenders and securities brokers, architecture, computer software, or information systems research and development, engineering, insurance, law, management, organization and association offices, psychology, theology, real estate and travel. Retail sales do not comprise more than an accessory use of the primary activity of a general office. This definition does not include medical/clinic office as defined by this ordinance.

Office, medical/clinic means the 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 service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the commonwealth.

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

Open space means land area not covered by buildings, roads, driveway and parking areas, or outdoor storage areas, including, but not limited to, landscape areas, gardens, woodlands, walkways, courtyards or lawns, outdoor recreation areas, and those elements provided in article VIII of this ordinance.

Outdoor sales means any business or use (primary or accessory) that is conducted primarily out of doors, which may include but not be limited to: retail sales of fruits, vegetables, plants, flowers, Christmas trees, fireworks; or retail sales of used goods, such as rummage sales or garage sales.

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

Parking lot means an off-street, ground level area that is used to provide for the required parking spaces, and associated aisles, as provided in article VIII of this ordinance.

Parking lot, commercial means a site for surface parking use which is fee based and provides one or more 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.

Parking space means a designated space designed to park a vehicle; such space being exclusive of necessary drives, aisles, entrances and exits and being fully accessible for the parking or storage of permitted vehicles.

Personal services means establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; tattoo shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households.

Planned development means a form of development, on a contiguous land area, that is characterized by unified site design, intended to allow for a variety of housing types and densities, clustering of buildings, common open space, and/or a mix of building types and land uses, in which project planning and density calculations are performed for the entire development rather than on an individual lot basis. Including but not limited to, developments within and meeting the requirements of the R-PRD district of this ordinance.

Planning commission means a board of the local government consisting of such appointed members whose functions include advisory or nontechnical aspects of planning and may also include such other powers and duties as may be assigned to it by the city council.

Proffer means a voluntary offer that addresses an impact or impacts from use of property or development, tendered by an applicant for conditional rezoning.

Public hearing means a meeting announced and advertised for soliciting formal public comment on matters under consideration.

Public parks and recreation means publicly owned and operated parks, picnic areas, playgrounds, indoor/outdoor athletic or recreation facilities, indoor/outdoor shelters, amphitheaters, game preserves, open spaces, and other similar uses. This use shall not include public use as defined in this ordinance.

Public use means public use means facilities or the use of land, exclusively for public purposes, by any department or branch of the federal government, commonwealth or any political subdivision, public authority, or any combination thereof. This use shall not include educational facilities, public parks and recreation, or utility service (major or minor) as defined in this ordinance.

Recreation, active means recreation which requires physical alteration to the area in which they are performed. This generally includes recreation or recreation areas such as playgrounds, ball courts, golf courses, and swimming pools.

Recreation/entertainment, commercial indoor means an establishment which provides an enclosed building for indoor sports and spectator uses, and may include multiple coin operated amusement or entertainment devices or machines as an incidental use of the premises. Typical uses include bowling alleys, ice- and roller-skating rinks, indoor racquetball, swimming, billiard halls, game rooms, video arcades, movie theaters, and concert or music halls.

Recreation/entertainment, commercial outdoor means participant or spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, paintball facilities, sports arenas, and outdoor movie theaters or drive ins.

Recreation facility, neighborhood means an indoor or outdoor recreation facility that is managed and operated by an HOA or developer, and that is to be used specifically by the residents and guests of a particular residential development, planned development, or residential neighborhood.

Recreation facility, noncommercial means privately owned, not for profit park and recreation facilities that are open to the public. These uses may charge a fee but not for commercial gain. This use includes parks, picnic areas, playgrounds, active or passive recreation facilities, outdoor shelters, amphitheaters, open spaces, and other similar uses. This use does not include recreation/entertainment, commercial indoor or outdoor; recreation facility, neighborhood; public parks and recreation, or public use, as defined by this ordinance.

Recreation, passive means recreation that involves existing natural resources and/or minimal development and has a minimal impact. This generally includes walking, hiking, picnicking, birdwatching, and enjoyment of open areas such as parks.

Religious assembly means a use located in a permanent building or in outdoor spaces and providing regular organized religious worship and related incidental activities. This use shall not include educational facility, primary/secondary schools and day care facilities.

Residential yard sale means a use, accessory to a dwelling, that includes display and noncommercial sales for the disposal of personal property accumulated by the family of a residential dwelling unit.

Restaurant, general means an establishment in which, for compensation, food or beverages are dispensed for consumption on and/or off the premises, including, among other establishments, bars, cafes, tearooms, confectionery shops, eat-in delis, and fast-food restaurants. Excluded from this definition is restaurant, mobile, and micro brewery or distillery.

Restaurant, mobile food unit means a readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, service, and/or selling of food and operated at temporary locations. This definition shall include food trucks, food trailers, and food carts and shall not apply to those selling in short bursts of 30 minutes or less at a single location and moving to multiple properties through the course of a business day.

Retaining wall means a manmade barrier constructed for the purpose of stabilizing soil, retarding erosion, or terracing a slope.

Right-of-way (ROW) means an area of land that is dedicated to public use for pedestrian and vehicular movement, which may also accommodate public utilities infrastructure (including but not limited to water lines, sewer lines, power lines, and gas lines.)

Screening means landscaping, solid fencing, or masonry walls, or combination thereof, that physically and visually shields uses or their appurtenances, such as dumpsters and mechanical equipment, from adjacent property or uses.

Self-storage facility means a building or groups of buildings divided into separate compartments designed to provide rental storage space. Each storage space shall be enclosed by walls and ceiling and may have a separate entrance for the loading and unloading of stored goods, and shall not be pre-fabricated structures arranged on a lot. The conduct of sales, business, or any other activity within the individual storage units, other than storage, shall be prohibited.

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

Setback, front means the minimum distance from the front lot line to the nearest point of the allowable structure(s), measured perpendicular to the front lot line. For stem lots, the front setback is the minimum distance from the edge of the right-of-way or "end" of the stem portion.

Setback, rear means the minimum distance from the rear lot line to the nearest point of the allowable structure(s), measured perpendicular to the rear lot line.

Setback, side means the minimum distance from the side lot line(s) to the nearest point of the allowable structure(s), measured perpendicular to the side lot line(s).

Shelter, animal means a facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

Shelter, residential means a facility providing temporary housing and feeding for one or more individuals who are otherwise temporarily or permanently homeless. Ancillary community support services may be provided including, but not limited to, child care, counseling, food distribution, or vocational training.

Short-term rental means the accessory or secondary use of a residential dwelling unit or a portion thereof by a host to provide room or space that is intended for short term, transient rental purposes in exchange for a charge for the occupancy. This use type does not include bed-and-breakfast establishments and does not apply to month-to-month extensions following completion of a year's lease.

Sign means any object, device, display, structure, fixture, painting, emblem, or visual that uses words, figures, designs, graphics, fixtures, logos, colors, illumination, symbols, numbers, letters, or projected images for the purpose of communicating a message on the part of an institution, organization, business, product, service, event, or location.

Sign, abandoned means a sign structure that has ceased to be used, and the owner intends no longer to have used, for the display of sign copy, or as otherwise defined by state law.

Sign, animated means a sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs, as defined and regulated by this ordinance, include the following types:

(1)

Electrically activated. Animated signs producing the illusion of movement by means of electronic, electrical, or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:

(2)

Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this ordinance, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds ten seconds.

(3)

Patterned illusionary movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

Sign area means the entire area enclosing the extreme limits of writing, representation, pictorial elements, emblems, or a figure of similar character, together with all material, color, or lighting forming an integral part of the display or used to differentiate the sign from the background against which it is placed.

Sign, banner means a sign utilizing a banner or flexible substrate as its display surface for copy or graphics. Banners are temporary in nature and do not include flags or pennants.

Sign, canopy means a sign displayed on or attached flat against the surface or surfaces of a canopy. Illuminated canopies, if translucent, are considered part of the total canopy sign area.

Sign, changeable means a sign that includes any changing of the message either electronically or manually in which the message is stationary and does not fluctuate in size or brightness.

Sign, double-faced means a sign with two faces, back-to-back.

Sign, exterior means any sign placed outside a building.

Sign face means the particular area of the sign structure upon which a message, copy, or advertisement is displayed for viewing.

Sign, fascia. See wall sign.

Sign, flag means flags, including the official flags of the federal, state, county, and municipal governments, are deemed to be signs and shall be subject to the provisions of this ordinance.

Sign, flashing. See sign, animated, electrically activated.

Sign, freestanding means a sign supported by structures or supports that are placed on, or anchored in, the ground; and that is independent and detached from any building or other structure.

Sign height. The height of a sign shall be computed as the distance from the base of the sign at average grade to the top of the highest attached component of the sign.

Sign, illuminated means a sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).

Sign, interior means any sign placed within a building, but not including "signs, window" as defined by this ordinance. Interior signs, except for window signs as defined, are not regulated by this ordinance.

Sign maintenance means to prevent through preservation, repair, or restoration, the development of any rust, corrosion, rot, chipping, peeling, or other deterioration in either the physical appearance or the safety of every sign.

Sign, minor means a wall or freestanding sign not exceeding three square feet in area, not exceeding four feet in height, and not illuminated. Examples include not trespassing signs, displays of building address, security warning signs, parking signs, entrance/exit signs, and on-site directional signs.

Sign, monument means a sign, freestanding having the appearance of a solid, rectangular, or cylindrical base.

Sign, nonconforming means a sign lawfully existing as of the effective date of this ordinance, and which does not conform to the provisions of this ordinance.

Sign, off-site means a sign which directs attention to a business, commodity, service, activity, or entertainment conducted, sold, or offered on a parcel of land other than the one on which the sign is located.

Sign, on-site means a sign erected, maintained, or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed.

Sign, portable means any sign not permanently attached to the ground or to a building or building surface. For example, an A- or T-frame sign.

Sign, projecting means a sign that is attached to, or projects from, a building face or wall, and whose faces are generally not parallel to the building face or wall, not to include signs located on a canopy, awning, or marquee.

Sign, roof means a sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs.

Sign structure means any structure supporting a sign.

Sign, temporary means a sign designed or intended, based on materials and structural components, to be displayed for a specified or limited period of time, regardless of type or style of sign. Examples include real estate signs, yard sale signs, contractor's signs, and special or one-time event signs.

Sign, vehicle means any sign that is painted, mounted, adhered, magnetically attached, or otherwise permanently affixed to or incorporated into a vehicle or trailer, except those unlicensed, inoperative, or generally stationary vehicles and/or trailers. This does not include the use of incidental business logos, identification, or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.

Sign, wall means a sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 15 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building or to the face or faces of the architectural projection to which it is affixed and exteriors of windows. This sign type does not include canopy signs which are defined in this ordinance.

Sign, window means a sign affixed to the interior surface of a window with its message intended to be visible to and readable from the public way or from adjacent property. Signs affixed to the exterior of the surface of a window are considered wall signs. Signs painted on windows or doors shall be considered window signs.

Site plan means a professionally-prepared plan, to scale, showing accurately and with complete dimensions, showing all proposed improvements to the site in accordance with this ordinance.

Solar energy, medium-scale means a solar facility that is attached to a structure or incorporated into building materials for structures, such as shingles or roofs, or as ground mounted equipment. It may be a principal or accessory use and generates electricity from sunlight on an area adequate to support a rated capacity of greater than 500 kilowatts and less than five megawatts alternating current. Generated electricity may be used for on-site consumption, provided to electric cooperative member-customers (non-retail, from behind the meter), or distributed for commercial consumption.

Solar energy, small-scale means a solar facility that is attached to a structure or incorporated into building materials for structures, such as shingles or roofs, or as ground mounted equipment. It may be a principal or accessory use and generates electricity from sunlight on an area adequate to support a rated capacity of 500 kilowatts alternating current or less. Generated electricity may be used for on-site consumption and/or provided to electric cooperative member-customers (non-retail, from behind the meter).

Store, large means an establishment that is 3,000 square feet or more in total floor area and serves for the display and sale of merchandise at retail.

Store, small means a small-scale retail use less than 3,000 square feet in total floor area and serves for the display and sale of merchandise. Small stores shall not include fuel pumps or the selling of fuel for vehicles.

Stormwater management facility means a control measure that controls stormwater runoff and changes the characteristics of that runoff including the quantity and quality, the period of release or the velocity of flow.

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

Street means a public way which affords the principal means of access to abutting properties. The term "street" includes all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefore, and may be referred to as a street, highway, thoroughfare, parkway, throughway, expressway, road, drive, court, avenue, boulevard, lane, place, circle, or however otherwise designated.

Structure means anything constructed or erected, which requires location on the ground, or attached to something having location on the ground.

Structure, accessory means a subordinate structure, use of land, building, or a portion of a main building or use which is clearly incidental to or customarily found in connection with and located on the same lot as the principal structure or use.

Structure, mixed-use means a building containing residential uses in addition to non-residential uses permitted in the zoning district. Mixed-use structure should not be confused with a mix of uses each in separate structures in a single development.

Structure, non-residential means a building or structure, or part of a building or structure, not occupied in whole or in part for the purpose of human habitation. Examples include warehouse and industrial buildings, commercial buildings, buildings for public entertainment, hotels, restaurants, educational buildings, health buildings, etc.

Structure, principal means a building in which is conducted the primary use of the lot on which it is situated, or where a lot contains residential uses, the principal structure on the lot shall mean the largest building that contains any dwelling unit.

Structure, residential means a building containing a complete set of living accommodations suitable for occupancy by one or more persons, consisting of sleeping, bathroom, and complete kitchen facilities for the exclusive use of such occupants.

Subdivision agent (agent) means the administrative official, or an authorized agent thereof, responsible for administering and enforcing the subdivision portion of this ordinance, also referred to in the subdivision article as the "agent."

Telecommunications facility means any unstaffed facility for the transmission and/or reception of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services. A broadcasting or communication tower usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antenna. Excluded are amateur radio antennas, which are defined separately. Also excluded are wireless communication antennas which fit the definition of small cell facility and "administrative review-eligible project" as defined in Code of Virginia, § 15.2-2316.6, and supplied as utility service, minor by this ordinance.

Telecommunications facility, small cell means a wireless facility that meets both of the following qualifications:

(1)

Each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and

(2)

All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission.

The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services (Code of Virginia, § 15.2-2316.4).

Tradesperson service means tradesperson service means an establishment or place of business primarily engaged in providing a specific trade service to individuals. Typical uses include plumbing, electricians, blacksmith, welding, and taxidermy. This definition does not include vehicle sales/service, construction material sales, or home occupations as otherwise defined in this ordinance.

Transportation services means individual modal or multimodal conveyances and terminals; facilities may be of local, regional, or statewide importance. Examples of facilities are highways, rail transit lines, and transit stations. Uses may also include vehicle services such as limousine, taxi service, or bus transportation.

Tree, deciduous means a tree that loses its leaves at the end of its growing season and becomes dormant during the winter.

Tree, evergreen means a tree that doesn't shed its leaves in the winter but stays green all year.

Tree, ornamental means a tree that is typically a deciduous tree possessing qualities such as flowers or fruit, attractive foliage, bark, or shape.

Tree, protected means any healthy tree to be preserved on site shall be protected before, during, and after the development process utilizing accepted practices; see article VIII for the preference for which trees are to be protected on a given site.

Tree, understory means a tree that that is small enough, and sufficiently shade tolerant, to thrive under the canopies of other, taller trees.

Truck/freight terminal means an area of land used for the switching, storing, assembling, distributing, consolidating, moving, repairing, weighing, or transferring of freight.

Use means the activity occurring on a lot or parcel for which land, or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

Use, accessory means uses of land and buildings that are found on the same parcel as the principal use but are subordinate and incidental, including parking.

Use, principal means a use that fulfills a primary function of a household, establishment, institution, or other entity.

Utility service, major means service of a regional nature which normally entails the construction of new buildings or structures such as electric generating plants and sources; electrical switching facilities and stations or substations; community wastewater treatment plants; water towers; sanitary landfills; and similar facilities. All overhead transmission lines are included in this definition.

Utility service, minor means a service that is necessary to support development within the immediate vicinity and involve only minor structures. Included in this use type are small facilities such as "administrative review-eligible project" as defined in Code of Virginia, § 15.2-2316.3, transformers, and relay and booster devices.

Variance means a reasonable deviation from the provisions of this ordinance 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 result in unnecessary and undue hardship which is not created by the owner, relief or remedy is not available through this ordinance, 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 this ordinance.

Vested right means any written order, requirement, decision, or determination regarding the permissibility of a specific use, structure, or density of a landowner's property that constitutes a significant affirmative governmental act pursuant to Code of Virginia, § 15.2-2307, and is issued in strict accordance with the requirements of this ordinance.

Veterinary hospital/clinic means an establishment rendering surgical and medical treatment of animals. This use includes the incidental keeping of animals. Commercial kennels are considered a separate use as defined by this ordinance.

Visibility triangle means a triangular area that is included between the lines of an intersecting public street or private driveway, extended to the point where the lines intersect, and, at points on each line 20 feet distant from that point, a straight line connecting them.

Warehousing and distribution means uses including storage, warehousing, and dispatching of goods within enclosed structures. Typical uses include wholesale distributors, storage warehouses, and moving/storage firm.

Yard means an open space between building or use and the adjoining lot lines, unoccupied or unobstructed by any portion of a structure or use.

Yard, front means an open space on the same lot as a building between the front line of the building (excluding steps) and the front of the lot and extending across the full width of the lot.

Yard, rear means an open, unoccupied space extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear line of the building, excluding open steps and stoops, on the lot.

Yard, side means an open, unoccupied space extending from the front setback line to the rear setback line, along the side of a lot, the depth of which is the distance between the side lot line and the side line of the building, excluding open steps and stoops.

Zoning administrator. See administrator.

Zoning approval includes conditional use permit, exception, conditional zoning, variance, administrative modifications, substantial accord, rezoning, and zoning permit approvals.

Zoning district means a specifically delineated section of the city in which the regulations are uniform and so designated on the zoning map.

Zoning permit means a permit issued by the zoning administrator on an appropriate form or certificate which certifies that a building or use of property complies with the regulations of the zoning district in which the building or use is located.

Zoning map means a legally adopted map depicting the location of each zoning district of the city and all amendments thereto.

(Ord. No. 25-01, § 4, 4-1-25; Ord. No. 25-26, § 1, 9-24-25)

(a)

Pursuant to Code of Virginia, § 15.2-2280 et seq., as amended, the city is given the authority to classify and regulate land development under its jurisdiction.

(b)

Pursuant to Code of Virginia, § 15.2-2240 et seq., as amended, the city is authorized to adopt regulations to ensure the orderly subdivision of land and its development.

The purpose of this ordinance is to implement the city comprehensive plan; promote the health, safety, and general welfare of the public; and of further accomplishing the objectives of Code of Virginia, § 15.2-2200, as amended. This ordinance is designed to give reasonable considerations to:

(1)

Provide for adequate light, air, convenience of access and safety from fire, flood, impounding structure failure, crime, and other dangers;

(2)

Reduce or prevent congestion in the public streets;

(3)

Facilitate the creation of a convenient, attractive and harmonious community;

(4)

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

(5)

Protect against destruction of or encroachment upon historic areas and working waterfront development areas;

(6)

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

(7)

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

(8)

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

(9)

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

(10)

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the city as well as reasonable proportion of the current and future needs of the planning district within which the city is located;

(11)

Provide reasonable protection against encroachment upon military bases, military instillations, and military airports and their adjacent safety areas, excluding armories operated by the state national guard;

(12)

Provide reasonable modifications in accordance with the Americans with Disabilities Act of 1990 or state and federal fair housing laws, as applicable;

(13)

Protect surface water and ground water as defined in Code of Virginia, § 62.1-255, as amended;

(14)

Establish standards and procedures for the orderly division, subdivision and resubdivision of lots, tracts and parcels of land for residential and commercial purposes pursuant to Code of Virginia, § 15.2-2240 et seq., as amended;

(15)

Ensure proper legal description and proper monumenting of subdivided land;

(16)

Ensure the purchasers of lots, tracks, and parcels of land purchase a commodity that is suitable for the intended use; and

(17)

Provide standards for development, ensuring appropriate ingress, egress, public facilities, services, and utilities.

(a)

Pursuant to Code of Virginia, § 15.2-2281, as amended, the provisions of this ordinance shall apply to all property within the incorporated territory of the city, with the exception that any property held in fee simple ownership and used by the United States of America, the Commonwealth of Virginia, or the government of the City of Emporia shall not be subject to the provisions contained herein. Upon transfer of ownership or control of any portion of government lands to private interests, the regulations of the district in which the land is located shall automatically apply.

(b)

Pursuant to Code of Virginia, § 15.2-2284, as amended, the zoning regulations and districts as herein set forth have been drawn and shall be applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of properties for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for airports, housing, schools, parks, playgrounds, recreation areas, and other public services; and the conservation of natural resources, the preservation of flood plains, the protection of life and property from impounding structure failures, the preservation of agriculture and forestal land, the conservation of properties and their values, and the encouragement of the most appropriate use of land throughout the city.

(a)

Except as otherwise provided in this ordinance, all land, buildings, structures, and/or premises within the city shall only be used, occupied, erected, constructed, moved, enlarged, and/or altered in conformance with this ordinance's regulations.

(b)

Land shall only be subdivided in conformance with this ordinance's (article X) regulations.

Should any section or any provision of this ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so held to be unconstitutional or invalid.

The administrator shall interpret this ordinance based upon the following criteria:

(1)

Provisions shall be considered the minimum required to promote the public health, safety, convenience and general welfare;

(2)

Unless otherwise specified, the standards of this ordinance are the minimum required;

(3)

When regulations of this ordinance conflict with each other, other city ordinances, or state or federal law, the more restrictive regulation shall govern;

(4)

This ordinance does not abolish easements, covenants or other private agreements, however, pursuant to Code of Virginia, § 15.2-2315, as amended, where this ordinance's requirements vary with the requirements of any other lawfully adopted statute, regulation, or ordinance, the most restrictive, or the higher standard, shall control to the extent necessary to resolve the conflict;

(5)

A building, structure, or use which was not legally existing on July 1, 2024 shall not be made lawful solely by adoption of this ordinance;

(6)

Where this ordinance's requirements are vague or unclear, the administrator shall be responsible for their interpretation; and

(7)

Conditions imposed or accepted as part of a zoning approval prior to July 1, 2024 shall remain in effect. However as stated in Code of Virginia, § 15.2-2261.1, as amended, if there is a conflict between conditions imposed through those land use decisions and this ordinance, the conditions shall apply. If there is no condition that addresses a specific use or development standard of this ordinance, this ordinance's requirements shall govern.

(a)

Where figures are contained in this ordinance, they are provided for demonstrative purposes only and are not a substantive part of this ordinance.

(b)

If any section of this ordinance incorporates by reference any state statute or regulation, then the ordinance incorporates future amendments of the state statute or regulation.

(a)

The official location and boundaries of the various primary zoning districts and special district(s) are hereby established as shown on the official "City of Emporia, Virginia, Zoning Map" for convenience, to be referred to as the "zoning map."

(b)

A certified copy of the zoning map shall be filed in the office of the clerk of the county circuit court.

(c)

The zoning map shall be available for examination and inspection by the public at all reasonable times.

(d)

The original of the zoning map shall be filed in the administrator's office and such original shall be updated as the result of the following city council actions:

(1)

Amendments to the ordinance;

(2)

Approval of a rezoning (see article III, division 2); or

(3)

Approval of conditional zoning (see article III, division 3).

The zoning map, as amended, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.

The zoning map associated with this text and showing the division of the territory into districts shall be interpreted with the following rules when uncertainty exists with respect to the boundaries of any of the districts:

(1)

Where district boundaries are fixed by dimensions or otherwise shown or described, there shall be no uncertainty.

(2)

Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad tracks, such centerline, or lines at right angles to such centerlines, shall be construed to be such boundaries.

(3)

Where a district boundary is indicated to follow a river, creek, or branch or other body of water, said boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction, and in the event of change in shoreline, such boundary shall be construed as moving with the actual shoreline.

(4)

If distances or other dimensions are not specifically indicated on the zoning map, they will be determined by the scale of the map.

(5)

If the specific location of a boundary cannot be determined from notations on the zoning map or application of the above standards, it will be determined by using the map scale to determine the boundary's distance from other features shown on the map.

(6)

Any lot that has been annexed from the county shall be considered a lot of record if no alteration has taken place since annexation.

(7)

In case any territory is not definitely and clearly included within any one district, such territory shall be deemed to be in the R-1 district until otherwise classified by amendment in accordance with article III, permits and applications, of this ordinance.

(8)

In any case in which there is uncertainty, contradiction, or conflict as to the location of any zoning district boundary - due to scale, illegibility, lack of detail, physical or natural features vary from those on the zoning map, or any other circumstances not covered by this section—the administrator will have the authority to interpret the district boundaries in accordance with section 90-51 of this ordinance.

(9)

The zoning administrator's interpretations may be appealed to the BZA in accordance with article II, division 3, of this ordinance. The BZA will not have the power to change substantially the locations of district boundaries.

No changes of any nature shall be made on the zoning map except in conformity with the procedures and requirements of this ordinance. It shall be unlawful for any person to make unauthorized changes on the zoning map.

This ordinance was adopted on May 21, 2024. This ordinance will become effective on July 1, 2024 and repeals and replaces any prior zoning and subdivision ordinances adopted in the city. Its provisions shall be in force until repealed or amended.

Any development or activity in violation of the previous zoning and subdivision ordinances will continue to be a violation under this ordinance unless the development or activity complies with the express terms of this ordinance.

If any use, structure, lot, sign, or site feature legally existed immediately prior to July 1, 2024 but does not fully comply with the standards of this ordinance or any amendment thereto, the use, structure, lot, sign, or site feature is considered nonconforming under this ordinance and must comply with the requirements in article IX of this ordinance.

(a)

This section pertains to applications for the following:

(1)

Zoning text and map amendments (rezoning);

(2)

Conditional zoning;

(3)

Conditional use permits;

(4)

Variances; and

(5)

Subdivision plats.

(b)

Applications and/or plats accepted as complete prior to July 1, 2024 or deemed by the administrator to be complete, prior to July 1, 2024, but still pending final action as of that date, will be processed in accordance with the regulations in effect when the submittal was accepted.

(c)

An applicant with a pending application and/or plat accepted prior to July 1, 2024, may opt to have the proposed development reviewed and decided under the standards of this ordinance by withdrawing the pending submittal and submitting a new application and/or plat in accordance with the procedures and standards of this ordinance.

(d)

To the extent such a complete application and/or plat is approved and proposes development that does not comply with this ordinance, the subsequent development, although permitted, will be nonconforming and subject to the requirements of article IX of this ordinance.

(a)

This section pertains to applications for the following:

(1)

Site plans;

(2)

Zoning permits; and

(3)

All other permit and development approvals not provided for in section 90-17 above.

(b)

Any other permits or development approvals granted prior to July 1, 2024, will remain valid until their expiration date.

(c)

Developments with valid permits or development approvals granted prior to July 1, 2024, may be carried out in accordance with the terms and conditions of their approval and the development standards in effect at the time of approval, provided the permit or development approval is valid and has not expired.

(1)

If the prior approval expires or is revoked, any subsequent development or use of the site will be subject to the requirements of this ordinance.

(d)

To the extent that a prior-approved permit or development approval does not comply with this ordinance, the subsequent development or use, although permitted, will be nonconforming and subject to the requirements of article IX of this ordinance.

(a)

The provisions of this ordinance shall not impair a vested right of a property owner. The administrator shall be authorized to make determinations on whether a property owner's rights are deemed vested in a land use. The subdivision agent shall be authorized to make determinations on whether a property owner's rights are deemed vested in a division. Vested rights determinations shall be made in accordance with Code of Virginia, § 15.2-2307, as amended.

(b)

Nothing contained herein shall require any change in the plans or construction of any building or structure for which a building permit was granted prior to July 1, 2024.

The city council shall establish, by ordinance, a schedule of fees, charges and expenses, and collection procedures for zoning permits, conditional use permits, variances, appeals, amendments, site plan reviews, and other matters pertaining to this ordinance. The schedule of fees shall be available for inspection in the office of the administrator and may be altered or amended by the city council by ordinance amendment.

(Ord. No. 24-13, 5-21-2024)