The following terms shall have the meanings assigned to them as hereinafter set forth. Except as expressly otherwise defined herein, all terms used in this chapter shall have their ordinary and established meanings, as the context may require. A word importing the masculine gender only may extend and be applied to females and to corporations as well as males. A word importing the singular number only may extend and be applied to several persons or things, as well as to one person or thing; and a word importing the plural number only may extend and be applied to one person or thing as well as to several persons or things.

Accessory use: A use or structure subordinate to the main use or structure on the same lot and serving a purpose naturally incidental to the main use or structure. When an accessory structure is attached to the main structure in a substantial manner, as by a wall or roof, such accessory structure shall be considered a part of the main structure.

Adult retirement community: A planned development providing residences for elderly persons that emphasizes social and recreational activities but may also provide personal services, limited health facilities, and transportation.

Agricultural enterprise: Agricultural related use that provides an agricultural service or produces goods from agricultural resources. These include processes that are a direct outgrowth, yet more intensive, of the products derived through agriculture, as defined. Related uses include sawmill, farm brewery, cidery, distillery, meadery, winery and other similar facilities.

(Ord. of 08-17-2022 (1))

Agriculture: The use of land for agricultural purposes, including farming, dairying, pasturage agriculture, aquaculture, horticulture, floriculture, viticulture, forestry, livestock, and poultry and the necessary accessory uses for packing, treating, or storing the produce.

Agricultural sales, wholesale: The wholesale distribution of agricultural related products including, but not limited to, farm tools and implements, tack, animal care products, and other farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but shall include harnesses, saddles, and other related equine equipment.

Agritourism activity: Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, horseback riding, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity.

Alley: A service roadway providing a secondary means of access to abutting property and not intended for general traffic circulation.

Alteration: Any change in the total floor area, use or adaptability of an existing structure.

Amusement, commercial: The provision of entertainment or games of skill to the general public for a fee, as permitted by general law.

Amusement, public: Fund-raising activities including those activities sponsored by charitable organizations for which remuneration must be paid by sponsor.

Assisted living facility: A publicly or privately operated long-term care alternative for persons aged 55 and over, or persons with disabilities, as defined by the Federal Americans with Disabilities Act, that provides the availability of professionally managed personal and health care services to occupants on premises. These premises are designed for this population; are residential in character and appearance; may include cooking facilities; and in all respects are intended to enable residents to age in place in a home-like environment. The facility operation shall have the capacity to provide residents with an array of services supporting Activities of Daily Living (ADL's) that may include, but are not necessarily limited to, meals, personal care housekeeping, transportation, and supervision of self-administered medication, while optimizing their physical and psychological independence. Such facility shall be deemed a single unit for purpose of calculating density when and as required by section 15.2-2291 of the Code of Virginia.

(Ord. 12-16-15)

Auction house: A place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other, with all events and storage of inventory entirely enclosed in a building or structure.

Automobile graveyard: Any lot or place which is exposed to the weather and upon which more than five (5) motor vehicles of any kind that are incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found. See Salvage and scrap yard use.

Automobile repair service establishment: A facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting.

Automobile sales: The use of any building, land area or other premises for the display of new and used automobiles, trucks, vans, or motorcycles for sale or rent, including any warranty repair work and other repair service conducted as an accessory use.

Aviation facility: Facilities for the take-off and landing of aircraft, including runways, aircraft storage buildings, helicopter pads, air traffic control facilities, informational facilities and devices, terminal buildings, aircraft maintenance facilities, aviation instruction facilities, and heliports.

Bakery: A place for preparing, cooking, baking, and selling of products on the premises.

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 (1%) chance of occurring each year, although the flood may occur in any year).

Basement: Any area of the building having its floor sub-grade (below ground level) on all sides.

Bed and breakfast: A transient lodging establishment, within an owner occupied property, primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals for compensation.

Berm: A mound of earth, usually linear in form, used to shield, screen, or buffer views; separate land uses; provide visual interest; or block noise, lights, or glare.

Bicycle parking: Bicycle racks and similar structures, permanently affixed to the ground, designed and used for storing bicycles in a secure, upright position.

Bioretention area: A vegetated depression engineered to collect, store, and infiltrate runoff generated on-site.

Board of Zoning Appeals: The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance.

Boarding house: A building where, for compensation, lodging and meals are provided for at least five (5) and up to fourteen (14) persons.

Brewpub: A restaurant that prepares, as an accessory use, handcrafted natural beer intended for the consumption on the premises.

(Ord. of 08-17-2022 (1))

Building: Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or property.

Building mass: The height, width, and depth of a structure

Building, height of: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

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

Butcher shop: A shop in which meat, poultry, and fish are processed and sold.

Cabaret, adult: A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibition of specified sexual activities or specified anatomical areas for observation by patrons therein. See Entertainment establishment, adult use.

Caliper: A measure of tree size, determined by measuring the diameter of a tree at a point six inches (6") above the root ball, at the time of planting, or twelve inches (12") above the ground, for established vegetation.

Camp: A tract of land, complete with all necessary and accessory uses and structures, used for organized recreational activities under trained supervision. Seasonal accommodations may be provided and such uses shall include boarding camps, day camps and summer camps.

Campground: An area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar transportable or temporary sleeping quarters of any kind. For purposes of this definition, transient shall be for no more than 120 days.

Car wash: Facilities for the washing and cleaning of vehicles, including automatic and self-service car washes.

Cellar: The portion of the building partly underground, having half or more than half of its clear height below the average grade of the adjoining ground.

Cemetery, commercial: A place where human remains are interred, above or below ground, and where plots are sold for that purpose, and perpetual care of the graves is furnished. Such uses shall also allow for cemeteries for the burial of domestic animal remains.

Cemetery, non-commercial: A place where human remains are interred above or below ground and where plots are not sold. Such uses shall also allow for cemeteries for the burial of domestic animal remains.

Central sewerage system: A sewerage system consisting of pipelines or conduits, pumping stations, force mains or sewage treatment plants, including, but not limited to, septic tanks and/or drain fields, or any of them designed to serve three (3) or more connections, used for conducting or treating sewage which is required to be approved by the Board of Supervisors in accordance with the Virginia Waste Management Act. See Utilities, major and minor uses.

(Ord. 12-16-15)

Central water supply: A water supply consisting of a well, springs or other source and the necessary pipes, conduits, mains, pumping stations and other facilities in connection therewith, to serve or to be capable of serving three (3) or more connections, which is required to be approved by the Board of Supervisors in accordance with the Virginia State Water Control Board Regulations. See Utilities, major and minor uses.

(Ord. 12-16-15)

Child day center: A child day program offered to (i) two (2) or more children under the age of thirteen in a facility that is not the residence of the provider or of any of the children in care or (ii) thirteen (13) or more children at any location. See also Child day program, Family day home.

(Ord. 12-16-15)

Child day program: A regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of thirteen for less than a twenty-four (24) hour period. See also Child day center, Family day home.

(Ord. 12-16-15)

Cluster development: A development design technique that concentrates buildings on a portion of the site to allow the remaining land to be used for recreation, open space, or the preservation of historically or environmentally sensitive features.

Commission, The: The Planning Commission of Fluvanna County, Virginia.

Communications service: Establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded from this use type are facilities classified as major utilities or telecommunication facilities. Typical uses include, but are not limited to, television studios, telecommunication service centers, radio stations, or film and sound recording facilities.

Comprehensive plan: The Fluvanna County Comprehensive Plan.

Condominium: A building or group of buildings in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportionate undivided basis.

Condominium association: The community association that administers and maintains the common elements of a condominium.

Connection, water or sewer: The provision of water and/or sewerage services to any dwelling unit or commercial or industrial establishment.

Conservation area: Any parcel or area of substantially undeveloped land conserved in its natural state to preserve or protect endangered species, critical environment features, viewsheds, or other natural elements including, but not limited to, preserves, wildlife management areas and refuges, open spaces and habitat protection areas.

Contractor's storage yard: Storage yards operated by, or on behalf of, a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities.

Corporate office: An establishment primarily engaged in providing internal office administration services as opposed to customer service. Such uses generally include the headquarters, regional offices or administrative offices for a corporation.

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

Cul-de-sac: The turnaround at the end of a dead-end street.

Cultural services: 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.

Curvilinear street system: A pattern of streets that is primarily curved.

Dance hall: Establishments in which more than ten percent (10%) of the total floor area is designed or used as a dance floor, or where an admission fee is directly collected, or some other form of compensation is obtained for dancing, except when sponsored by civic, charitable, or nonprofit groups.

Data center: A facility used primarily for management, processing, storage and transmission of facts and information in digital form, which houses computer and network equipment, servers, systems and other associated components related to digital data operations. The facility may also include accessory uses like air handlers, power generators, water-cooling and storage facilities, utility substations, and other associated infrastructure to support its operations.

(Ord. of 08-17-2022 (1))

Daycare center: See Child day center, Child day program, and Family day home.

(Ord. 12-16-15)

Development: Any man-made 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 or storage of equipment or materials.

Diameter at breast height: A measure of tree size, determined by measuring the diameter of a tree at a point four and one-half feet (4.5') above the ground.

Dormitory: A residence hall providing rooms for individuals or for groups usually without private baths. Also, a large room containing numerous beds.

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

Drive-in window: A facility designed to provide access to commercial products and/or services for customers remaining in their automobiles.

Dwelling: Any structure which is designed for use for residential purposes, except hotels, boarding houses, lodging houses, tourist cabins, manufactured or mobile homes, and travel trailers.

Dwelling, accessory: A separate, independent dwelling unit located on the same property as the primary dwelling unit subject to the following: (1) A dwelling unit contained within a single-family dwelling that may equal the existing finished square footage of the primary dwelling, such as a basement, attic, or additional level; or (2) A dwelling unit attached to the primary single-family dwelling, or as a dwelling unit contained within a detached accessory unit; that shall be no more than one-half the size of the finished square footage of the primary dwelling unit located on the subject property. One accessory dwelling shall be permitted per property plus one additional accessory dwelling for each fifty (50) acres of contiguous property. Accessory dwelling units shall be subject to the setback requirements for primary structures.

Dwelling, multi-family: A building or portion thereof which contains two 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, apartments for elderly housing and condominiums.

Dwelling, single-family attached: Two or more single family dwellings sharing two or more common walls, each on its own individual lot. Attached dwellings are not vertically stacked.

Dwelling, single-family detached: A building designed for occupancy by one family which has no connection by a common party wall to another building or structure similarly designed.

Dwelling, townhouse: A single-family attached dwelling in a row of at least three (3) such units 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 vertical common fire-resistant walls.

Dwelling, two-family: A building designed as a single structure, containing two separate living units, each of which is designed to be occupied as a separate permanent residence for one family.

Dwelling unit: Any building or portion of building intended to be used for residential purposes by a single family and designed or arranged in such a manner that none of the facilities or areas customarily provided for cooking, sleeping, eating, sanitation, or other residential functions is shared by any other family or persons residing in the same structure.

Educational facility: A public or private institution for the teaching of children or adults including primary and secondary schools, colleges, and similar facilities.

Egress: An exit.

Elevated building: A non-basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).

(Ord. 6-17-15)

Emergency center: A facility that offers the same level of service offered at a hospital emergency room that must be staffed 24 hours a day, 365 days a year, including weekends, holidays, and during inclement weather. An emergency center can accept ambulance transports and have medical flight capabilities with helicopter landing and take-off areas as approved helipads and/or heliport areas.

(Ord. of 08-17-2022 (1))

Entertainment establishment, adult: Any adult cabaret, adult motion picture theater, or adult video-viewing or arcade booth.

Equestrian facility: Facilities designed and used primarily for equestrian related activities including, but not limited to: riding schools, horse exhibition facilities, polo fields, and pack stations. This includes barns, stables, corrals, and paddocks accessory and incidental to the above uses.

Event facility: A place of public assembly, used primarily as a facility for hosting functions including, but not limited to, weddings, receptions, banquets, anniversaries, meetings or conferences. The event facility may be located in a building or tent, be in an uncovered, outdoor gathering space of less than 200 people or a combination thereof. An event facility is a place that charges a fee or that requires compensation to use the space or charges an entry fee or other fee for the uses related to the facility. Facilities exclusively used by membership groups such as civic or service clubs or fraternal organizations are not included in the event facility definition—see lodge definition.

(Ord. of 08-17-2022 (1))

Evergreen: A plant with foliage that remains year-round.

Family:

(1)

An individual; or

−

Two (2) or more persons related by blood, marriage, adoption, or guardianship, plus not more than (2) unrelated persons living together as a single housekeeping unit in a dwelling or dwelling unit; or

−

A group of not more than four (4) persons not related by blood, marriage, adoption or guardianship living together as a single housekeeping unit in a dwelling or dwelling unit.

−

A group home of eight (8) or fewer people residing in a single-family residence as described in section 15.2-2291 of the Code of Virginia.

Family day home: A child day program offered in the residence of the provider or the home of any of the children in care for one (1) through twelve (12) children under the age of thirteen, exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for compensation. The provider of a licensed or registered family day home shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Family day homes serving five (5) through twelve (12) children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no family day home shall care for more than four (4) children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. However, a family day home where the children in care are all related to the provider by blood or marriage shall not be required to be licensed. See also Child day center, Child day program.

(Ord. 12-16-15)

Family daycare home: See Child day center, Child day program, and Family day home.

(Ord. 12-16-15)

Farm: One or more parcels of land used for the primary purpose of agricultural production.

Farm tenant housing: A dwelling 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 orchard or other agricultural use which relies on seasonal employees who must be housed.

Farm sales: The sale of agricultural produce or merchandise produced primarily by the resident operator on his farm.

Financial institution: An establishment where the principal business is the receipt, disbursement or exchange of funds and currencies, such as: trust companies, savings banks, industrial banks, savings and loan associations, building and loan associations, commercial banks, credit unions, federal associations, and investment companies.

Flea market: A market held in an open area or building where goods are offered for sale to the public by individual sellers, generally on an occasional or periodic basis.

Flood: A general or temporary condition of partial or complete inundation of normally dry land areas.

Flood, Base: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the 100-year flood.

(Ord. 6-17-15)

Flood Elevation, Base: The Federal Emergency Management Agency designated one hundred (100) year water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the Fluvanna County FIRM.

(Ord. 6-17-15)

Flood Hazard Area, Special: The land in the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year as determined in Article 17, Section 22-17-8A. of this ordinance.

(Ord. 6-17-15)

Floodplain or Flood-Prone Area: Any land area susceptible to being inundated by water from any source.

(Ord. 6-17-15)

Floodplain encroachment: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

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 one (1) foot at any point.

(Ord. 6-17-15)

Floor area ratio: The gross floor area of all buildings or structures on a lot divided by the total lot area.

Footcandle: A quantitative unit of measure referring to the measurement of illumination incident at a single point. One footcandle is equal to one lumen uniformly distributed over an area of one square foot.

Frontage: The continuous uninterrupted distance along which a parcel abuts a single adjacent road or street.

Funeral home: A facility used for undertaking services such as burial preparation or cremation, and where funeral services may be arranged and held. Permitted uses include funeral homes, mortuaries, crematoriums and pet crematoriums.

Garden center: A retail business in which plants, which may or may not be cultivated on-site, are offered for sale to the general public. Supplemental items used in planting and landscaping, such as pre-packaged mulch, pre-packaged topsoil, plant containers, yard ornaments, hand tools, and the like, may be sold on-site as secondary or incidental items. Such a use is not characterized by frequent heavy equipment operation, other than the occasional delivery or shipment of product.

Gas station: Any place of business used primarily for the storage, dispersal, sale or offering of fuels and oils for motor vehicles. Such uses may also include the retail sale of convenience items as a secondary activity. Any use associated with automobile fuel sales shall be considered a gas station.

Governing body: The Board of Supervisors of Fluvanna County, Virginia.

Greenhouse, commercial: A facility employing a glass, plastic, or similar enclosure for the cultivation of plants, in which plants are offered for sale to the public, either at wholesale or at retail. Supplemental items used in planting and landscaping, such as mulch, topsoil, plant containers, yard ornaments, hand tools, and the like, may be sold on-site as secondary or incidental items. Such a use is not characterized by frequent heavy equipment operation, other than the occasional delivery or shipment of product.

Greenhouse, non-commercial: A facility employing a glass, plastic, or similar enclosure for the cultivation of plants, in which no product is offered for sale to the public.

Greenway: (1) A linear open space established along either a natural corridor, such as a riverfront, stream valley, or ridge line, or over land along a railroad right-of-way converted to recreational use, a canal, a scenic road, or other route; (2) any natural or landscaped course for pedestrian or bicycle passage; (3) an open space connector lining parks, natural reserves, cultural features, or historic sites with each other and with populated areas; and (4) locally, certain strip or linear parks designated as a parkway or greenbelt.

Grocery store: A retail business primarily engaged in the sale of unprepared food for personal or household preparation and consumption. Such a facility may also engage in incidental sales of prepared foods for personal consumption on- or off-site.

Group home: A licensed residential facility in which no more than eight (8) mentally ill, mentally retarded or developmentally disabled persons reside, with one or more resident counselors or other 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. Such facility shall be licensed by the Commonwealth of Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, in order to qualify as a single-family use.

Guidance services: A use providing counseling, guidance, recuperative, or similar services for person requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twenty-four (24) hour day.

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

Health official: The legally designated health authority of the State Board of Health for Fluvanna County or his authorized representative.

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

Historic structure: Any structure that is (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) 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 (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (a) by an approved state program as determined by the Secretary of the Interior; or (b) directly by the Secretary of the Interior in states without approved programs.

Home occupation: An accessory use of a dwelling unit and/or an accessory structure for gainful employment involving the production, provision, or sale of goods and/or services, which is clearly incidental to or secondary to the residential use of a parcel. Home occupations shall include the rental of rooms to tourists. Home occupations must be conducted in accordance with all applicable federal, state and local statutes and regulatory requirements.

(Ord. 10-17-18)

Homeowners association: A community organization, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.

Hospital: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medial offices, and staff residences.

Hotel: A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day, week or month. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms and/or recreation facilities. Such uses include hotels, motels, motor lodges, and motor courts.

Hunt club: Areas reserved to members of the club for private hunting of wildlife, fishing, and accessory uses in support of those activities.

Hunting preserve: An area licensed by the Commonwealth for public or private hunting of wildlife, fishing, and accessory uses in support of those activities.

Impervious surface: Any material that prevents absorption of stormwater into the ground.

Indoor entertainment: Predominantly spectator uses conducted within an enclosed building, but not including public facilities. Typical uses include, but are not limited to, motion picture theaters, and concert or music halls.

Indoor recreation facility: Predominantly participant uses conducted within an enclosed building, but not including public facilities. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, swimming, and/or tennis facilities.

Inoperable motor vehicle: (i) any motor vehicle which is not in operating condition; (ii) any motor vehicle which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle; or (iii) any motor vehicle on which there are displayed neither valid license plates nor a valid inspection decal, as provided in section 15.2-904 of the Code of Virginia.

(Ord. 12-16-15)

Junk: Any scrap, discarded, dilapidated, dismantled or inoperable: vehicles, including parts or machinery thereof; household furniture and appliances; construction or building equipment and materials; iron, steel, and other old or scrap ferrous and nonferrous metals; tanks, containers, drums, and the contents thereof; and tires, pipes, wire, wood, paper, metals, rags, glass, plastic, food and related types of salvage or waste materials.

(Ord. 5-17-17)

Junkyard: Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, dismantling, baling, recycling, salvaging, wreckage, purchase, sale or abandonment of junk, scrap, waste, reclaimable material or debris. The term "junkyard" shall not include items which are incidental and necessary to agricultural or industrial use.

(Ord. 5-17-17)

Kennel, commercial: A place designed and used to house, board, breed, train, handle or otherwise keep or care for dogs, cats, or other household pets for the specific intent of sale or in return for compensation.

Kennel, private: The keeping, breeding, raising, showing, or training of four (4) or more dogs, cats, or other household pets over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective.

Landscaping materials supply: A business used primarily for the bulk storage and sale of landscaping supplies, such as soil, gravel, potting mix, mulch, sand, stone, and the like, either wholesale or at retail, necessitating the frequent use of heavy equipment. Plants and supplemental items used in planting and landscaping, such as plant containers, yard ornaments, hand tools, and the like, may be sold on-site as secondary or incidental items.

Laundromat: A building where clothes or other household articles are washed in self-service machines and where such washed clothes and articles may also be dried or ironed.

Laundry: Establishments primarily engaged in the provision of laundering, cleaning, or dyeing services other than those classified as Personal Service Establishments. Typical uses include, but are not limited to, bulk laundry and cleaning plants, diaper services, or linen supply services.

Level of service: A description of traffic conditions along a given roadway or at a particular intersection.

Livestock feed lot, commercial: A commercial establishment where livestock is fattened for sale and where feed is transported from other places.

Livestock sale yard, commercial: A commercial establishment wherein livestock is collected for sale or auctioning.

Lodge: A facility, owned or operated by a corporation, association, person or persons, for social, educational or recreational purposes, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business. A lodge does not include facilities for members to reside.

Lot: A parcel of land, including a residue, described by metes and bounds or otherwise or shown on a plat, and intended as a unit of real estate for the purpose of ownership, conveyance or development.

Lot, corner: A lot abutting upon two (2) or more street rights-of-way at their intersection. Of the two sides of a corner lot, in the absence of evidence to the contrary based on actual development, the front shall be presumed to be the shorter of the two sides fronting on streets.

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

Lot, double frontage: An interior lot having frontage on two (2) streets.

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

Lot, pipestem: A large lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.

Lot, reverse frontage: A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

Lot, through: A lot that fronts upon two (2) parallel streets or that fronts upon two (2) streets that do not intersect at the boundaries of the lot.

Lot, width of: The average horizontal distance between side lot lines.

Lot of record: A lot, a plat or description of which has been recorded in the Clerk's office of the Circuit Court.

Low-impact development: A design strategy with the goal of maintaining or replicating the pre-development hydrologic regime through the use of design techniques to create a functionally-equivalent site design. Hydrologic functions of storage, infiltration and groundwater recharge, as well as the volume and frequency of discharges, are maintained through the use of integrated and distributed micro-scale stormwater retention and detention areas, reduction of impervious surfaces, and the lengthening of runoff flow paths and flow time. Examples of low-impact development techniques include, but are not limited to, the use of permeable paving materials, rain gardens, bioswales, infiltration trenches, and tree box filters.

Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR §60.3.

Lumberyard: An area used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products, plywood, drywall, paneling, concrete masonry unit (CMU) blocks and other concrete products, but not including the manufacture of such products.

Machinery sales and service: shall mean the sale and service of machinery such as, but not necessarily limited to, farm tractors, and other similar implements such as backhoes, bulldozers, and forklifts and together with attachments and implements of such machinery such as combines, harvesters, mowers, and buckets, etc.

(Ord. of 08-17-2022 (1))

Machine shop: Shops where lathes, presses, grinders, shapers, and other wood and metal working machines are used such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating, and electrical repair shops; and overhaul shops.

Manufactured home: A factory-built, single-family structure that is manufactured under the authority of the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Also referred to as mobile homes.

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

Manufacturing, heavy: The manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.

Manufacturing, light: The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing.

Manufacturing, medium: The processing and manufacturing of materials or products predominantly from extracted or raw materials. These activities do not necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process.

Marina, commercial: A marina designed and operated for profit or operated by any club or organized group where hull and engine repairs, boat and accessory sales, packaged food sales, restaurants, personal services, fueling facilities, storage and overnight guest facilities or any combination of these are provided.

Marina, private: A marina, including a dock for the use of a single parcel, designed and intended to be used for mooring of boats owned by residents of the general neighborhood with no commercial facilities other than those necessary for minor servicing and repairs.

Media, adult: Magazines, books, videotapes, movies, slides, CD-ROMs, DVDs or Blu-ray or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. See Retail store, adult use.

(Ord. 12-16-15)

Medical clinic: A facility providing medical, psychiatric, or surgical service for persons exclusively on an out-patient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. The term "medical clinic" includes immediate care facilities, where emergency treatment is the dominant form of care provided at the facility.

Microbrewery: A facility for the production and packaging of malt beverages with alcohol content as defined by federal or Virginia law, and distribution, retail, wholesale, or both, for consumption on- or off-premises. Permitted accessory uses may include an on-site retail sales establishment and a tasting room. Microbreweries are licensed by the Virginia Department of Alcohol Beverage Control and shall operate in accordance with any requirements by the Code of Virginia or any other applicable laws.

(Ord. of 08-17-2022 (1))

Mining: The breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals; any activity constituting all or part of a process for the extraction or removal of minerals so as to make them suitable for commercial, industrial, or construction use; but shall not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on-site farming or construction. Nothing herein shall apply to mining of coal. This definition shall not include, nor shall this title, chapter, or section be construed to apply to the process of searching, prospecting, exploring or investigating for minerals by drilling (section 45.1-180 of the Code of Virginia). See Resource extraction use.

Mobile food unit: A restaurant that is mounted on wheels and readily moveable from place to place at all times during operation.

Mobile home: See Manufactured home.

Manufactured home park: Any site, lot, field or tract of land which is held out for the locations of occupied trailers which trailers or lots are intended for use by a person or persons other than the property owner, except as otherwise permitted in this chapter.

Modular home: A dwelling unit primarily manufactured off-site in accordance with the Virginia Uniform Statewide Building Code standards and transported to the building site for final assembly on a permanent foundation.

Motion picture theater, adult: An establishment that shows sexually oriented movies, distinguished or characterized by an emphasis on the exhibition of specified sexual activities or specified anatomical areas as a significant part of its business. See Entertainment establishment, adult use.

Mural: A work of art (as a painting) applied to and made integral to a building wall, fence, etc., that is prepared by, or under the direction of, a skilled artist and shows imaginative skill in arrangement or execution and specifically not attempt to advertise any specific business, product or service.

Natural meadow: A continuous area designated on a landscape plan that is planted with grasses and wildflowers native to Virginia that are allowed to grow in their natural habit. Such areas are actively managed to prevent the growth of woody vegetation and invasive species.

Nonconforming activity, nonconforming use: The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located.

Nonconforming lot: An otherwise legally platted lot that does not conform to the minimum area or width requirements of the ordinance for the district in which it is located.

Nonconforming structure: 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 a use that does not conform to the use regulations of this ordinance for the district in which it is located.

Nursery: A place where plants are grown commercially, either for retail or wholesale distribution. Plants cultivated on-site may be offered for sale to the general public. See Farm sales use.

Nursing home: Any place, institution, facility or any identifiable component of any facility, other than a hospital, licensed pursuant to section 32.1-123 of the Code of Virginia, in which the primary function is the provision, on a continuing basis, of nursing and health-related services for the treatment and inpatient care of two (2) or more nonrelated individuals, including, but not limited to, facilities known as convalescent homes, skilled nursing facilities, skilled care facilities, intermediate care facilities, extended care facilities, and nursing, or nursing care facilities.

(Ord. 12-16-15)

Office: A room, suite of rooms, or building used for conducting the affairs of a business, profession, service industry, or government.

Off-street parking area: Space provided for vehicular parking outside the dedicated street right-of-way as required by Article 26 (Sections 22-26-1 through 22-26-8) of this chapter.

Outdoor entertainment: Predominantly spectator uses conducted in open or partially enclosed or screened facilities, but not including public facilities. Typical uses include, but are not limited to, sports arenas, entertainment and music festivals, motor vehicle or animal racing facilities, and outdoor amusement parks for which a charge is imposed for admission. If the use is expected to attract 1,000 or more people at one time, a special entertainment permit shall be required in accordance with County Code section 7-1-3.

Outdoor gathering: Any temporary organized gathering expected to attract 200 or more people at one time in open spaces outside an enclosed structure for which a charge is imposed for admission to the activity. Included in this use type would be entertainment and music festivals, church revivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this section. County sponsored events and public school sponsored events shall not be included within this definition.

Outdoor recreation facility: Predominantly participant uses conducted in open or partially enclosed or screened facilities, but not including public facilities. Typical uses include, but are not limited to, golf courses, driving ranges, tennis courts, motorized cart and motorcycle tracks, paintball facilities, swimming pools, athletic ball fields.

Package Treatment Plant: Small, self-contained sewage treatment facility built to serve designated service areas. See Utility, major use.

Parent tract: A separate lot, tract, or parcel of land conveyed by deed, devised by will, or passing pursuant to the laws of descent and distribution, the boundaries of which are shown by a plat or described by metes and bounds, and recorded in the Clerk's office of Fluvanna County, Virginia on or before April 16, 2025; for purposes of this definition, the Fluvanna County tax map may be used to identify parent tracts. If a parcel is divided into lots, parcels or tracts greater than or equal to sixty (60) acres in area or all of which have greater than or equal to 1,500 feet of frontage on a highway maintained by the Virginia Department of Transportation, the date for determining the parent tract shall be the date of the recordation of that plat.

Parking area: Any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.

Parking bay: A continuous row of parking, containing twenty (20) parking spaces or less, bounded on both ends by a parking island, as specified in Article 26: Off-Street Parking and Loading Spaces of this chapter.

(Ord. 12-16-15)

Parking facility: A site for surface parking or a parking structure use which provides one (1) 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. This use type excludes temporary parking facilities permitted by County Code.

Pavers: Preformed paving blocks that are installed on the ground to form patterns while at the same time facilitate pedestrian and vehicular travel.

Personal improvement services: Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include, but are not limited to, driving schools, health or physical fitness studios, dance studios, handicraft and hobby instruction.

Personal service establishment: An establishment or place of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include, but are not limited to, beauty and barber shops; dry cleaners; and seamstresses, tailors, and shoe repair.

Pervious surface: Any material that permits full or partial absorption of stormwater into previously unimproved land.

Petroleum Distribution Facility: A facility for the storage and distribution of fuels or other volatile products.

Pharmacy: An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

Plat: A schematic representation of a parcel or subdivision.

Plat, preliminary: A plat showing the existing boundaries and certain existing features of a parcel to be subdivided, together with the property lines or proposed lots and certain proposed features and improvements.

Plat, final: A plat showing the new property lines and certain features and improvements installed pursuant to the preliminary plat, showing their location as built, and prepared for recordation. Final plat approval gives the subdivider the right to record such plat with the Clerk of the Circuit Court and to convey the individual lots shown thereon.

Professional school: A specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills, or other similar activity or occupational pursuit, but not including educational facilities.

Property Owners' Association: An entity established, pursuant to section 55-508 et seq. of the Code of Virginia, or otherwise, for the purpose of maintaining land or property owned in common by the owners of property in a subdivision.

Public assembly: Facilities that accommodate public assembly for purposes such as sports, amusements, or entertainment. Typical uses include, but are not limited to, auditoriums, sports stadiums, convention facilities, and incidental sales and exhibition facilities.

Public park and recreational area: 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 but not including public recreation assembly.

Public recreation assembly: Publicly owned and operated community, civic, or recreation centers, year-round swimming facilities, or indoor performing arts/auditoriums.

Public safety facility: Public agency facilities that provide public safety and emergency services including fire, rescue squad, and police stations and related administrative facilities. See Public use.

Public use: Uses, structures, and facilities made available for public service including, but not limited to, parks, playgrounds, libraries, public safety and emergency facilities, and administrative buildings.

Public water and sewer system: A water or sewer system owned and operated by a municipality, county or other political subdivision of the Commonwealth.

Pumping station: A building or structure containing the necessary equipment to pump a fluid to a higher level.

Railroad facility: Railroad yards, equipment servicing facilities, and terminal facilities.

Recreation, active: Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields.

Recreation, passive: Activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, card games, and table games.

Recreational vehicle: A vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projects; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping, traveling, or seasonal use.

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

Rectilinear street pattern: A pattern of streets that is primarily characterized by right-angle roadways, grid pattern blocks, and four-way intersections.

Religious assembly: A use providing regular organized religious worship or related incidental activities, except primary or secondary schools and day care facilities.

Research laboratory: A facility for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Residential area (gross): The total area of land and water within a residential development.

Residential area (net): That area of land and water within a development designed for residential purposes and unoccupied by streets, open space or parking areas; provided that individual private driveways accessory to residential uses shall not be considered streets or parking areas.

Residential density (gross): The total number of dwelling units within a development divided by the gross residential area and expressed in dwelling units per acre.

Residential density (net): The total number of dwelling units within a development divided by the net residential area and expressed in dwelling units per acre.

Residue: The remainder of a lot after a subdivision has detached one or more lots, which residue shall be deemed, for purposes of this chapter, to be a new lot.

Resource extraction: 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.

Restaurant, fast food: An establishment primarily engaged in the preparation of food and beverages, for take-out, delivery, or consumption on the premises, served in disposable containers at a counter or to drive-up or drive-thru customers in motor vehicles.

Restaurant, general: An establishment engaged in the preparation of food and beverages containing more than 2,000 gross square feet and characterized primarily by table service to customers in non-disposable containers.

Restaurant, small: An establishment engaged in the preparation of food and beverages containing no more than 2,000 gross square feet and typically characterized by table service to customers.

Retail store, adult: An establishment that: offers for sale or rent items from any of the following categories: (a) adult media, (b) sexually oriented goods, or (c) goods marketed or presented in a context to suggest their use for specified sexual activities; and the combination of such items constitutes more than fifteen percent (15%) of its stock in trade or occupies more than fifteen percent (15%) of its gross public floor area; and where there is no on-site consumption of the goods, media, or performances for sale or rent.

Retail store, general: A retail sales establishment offering the sale or rental of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by definition.

Retail store, large-scale: A retail sales establishment of more than 30,000 square feet of gross floor area engaged in the sale or rental of goods for consumer or household use.

Retail store, neighborhood convenience: A retail sales establishment primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as, but not limited to, prepackaged food and beverages, limited household supplies and hardware, and limited food preparation and service. Such uses that include fuel pumps or the selling of fuel for motor vehicles shall be considered gas stations.

Retail store, specialty: A retail sales establishment of not more than 4,000 square feet that specializes in one type or line of merchandise or service including, but not limited to, antique stores, bookstores, shoe stores, stationary stores, jewelry stores, auto parts stores, and hardware stores.

Right-of-way: A strip or other portion of a parcel of land conveyed to a person, a partnership, a property owners' association, a corporation, or a government agency for the purpose of constructing and maintaining a road or utility facility, or similar use.

Riparian protection area: A vegetated zone adjacent to an intermittent or perennial stream where development is restricted or controlled to minimize the effects of development on local water quality. Indigenous vegetation, including existing ground cover, is preserved to the maximum extent possible.

Salvage and scrap yard: Facilities engaged in the storage, sale, dismantling or other processing of uses or waste materials which are not intended for reuse in the original forms. Typical uses include, but are not limited to, 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.

Sanitary landfill: A place for the disposal of solid wastes approved in accordance with the regulations of the Department of Environmental Quality (DEQ).

Sawmill, permanent: A permanent facility where logs or lumber are sawn, split, shaved, stripped, chipped, or otherwise processed to produce wood products.

Sawmill, temporary: A portable sawmill located on private property for not more than sixty (60) days unless used for the processing of timber cut only from that property or the property immediately contiguous thereto.

Self-storage facility: A structure containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.

Setback: The minimum distance by which any building or structure must be separated from the front lot line.

Sheltered care facility: A facility providing temporary sheltering for the homeless or for victims of crime or abuse including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical beatings.

Shooting, private recreational: The use of land for target shooting and other recreational activities, other than hunting, involving the use of firearms or other projectiles by the owner or occupant of a parcel and their guests, not in return for compensation. Associated facilities shall be subject to approval by the Zoning Administrator in accordance with safety guidelines issued by the National Rifle Association (NRA) or other recognized authority.

Shooting range, indoor: The use of a structure for firearms or other projectiles for the purpose of target practice or competitions, and in return for compensation.

Shooting range, outdoor: The use of land for shooting clubs and other facilities for the discharge of firearms or other projectiles for the purposes of target practice, skeet and trap shooting, mock war games, or formal competitions, or in return for compensation.

Short-term rental of a residential dwelling: A residential dwelling that is rented for compensation for periods of less than 30 consecutive days. See section 22-17-20 for supplementary regulations pertaining to the short-term rental of a residential dwelling.

Shrub: A low woody plant, with multiple shoots or stems from the base, which attains a mature height of less than fifteen feet (15').

Sign: Any object, device, display, or structure that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, projected images, or any combination thereof.

Sign, auction: A temporary sign, not illuminated, advertising an auction to be conducted on the lot or premises upon which it is situated. Such signs shall not exceed twenty (20) square feet in area.

(Ord. 12-16-15)

Sign, awning: A sign that is painted or otherwise applied on or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, or window of a building.

Sign, banner: A temporary sign, not exceeding thirty-two (32) square feet, made of fabric or other flexible material, suspended from a fixed structure, rope, wire, string, or cable. Banner signs are for the advertising of a special event, product, or group and are not to be displayed for a period of more than thirty (30) consecutive days, and not more than sixty (60) days total in a calendar year.

(Ord. 12-16-15)

Sign, business: A sign which directs attention to a product, commodity, or service available on the premises including professional offices or institutional use.

Sign, canopy: A type of wall sign that is attached to the fascia of a canopy.

Sign, construction: A temporary sign that identifies an architect, engineer, contractor, subcontractor, or material supplier who participates in construction on the property on which the sign is located. Such signs shall not exceed thirty-two (32) square feet in area and eight (8) feet in height, and may be erected once the land disturbance permit has been issued for the property and must be removed upon issuance of a final certificate of occupancy.

(Ord. 12-16-15)

Sign, directional: A sign, not to exceed four (4) square feet, providing on-premise directions for pedestrian and vehicular traffic including, but not limited to, entrance/exit signs, parking areas, loading zones, and circulation direction.

Sign, directory: A sign that lists the names, uses, or locations of the businesses or activities conducted within a building or group of buildings of a development.

Sign, electronic message: A monument sign or portion thereof in which the copy is composed of a series of lights that may be changed through electronic means. The total area of the electronic message display area for such signs shall not exceed thirty percent (30%) of the total area of the sign area permitted for that site.

Sign, estate: An on-premise sign that identifies the name, occupant, and/or street address of a private residence, property, or farm. Such signs shall not exceed nine (9) square feet.

Sign face: The area or display surface used for the message.

Sign, flashing: An illuminated sign of which all or part of the illumination is flashing or intermittent, or changing in degrees of intensity, brightness or color. Electronic message signs that meet the requirements this article and Section 22-15 shall not be considered flashing signs.

Sign, freestanding: A sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.

Sign, home occupation: A sign containing only the name and occupation of a permitted home occupation on the premises.

Sign, illuminated: A sign, or any part of a sign, which is externally or internally illuminated or otherwise lighted from a source specifically intended for the purpose of such illumination or lighting.

Sign, inflatable: Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.

Sign, monument: A sign affixed to, and made an integral part of, a structure built on grade that does not involve the use of poles as its major support.

Sign, moving: A sign, any part of which moves by means of an electrical, mechanical, or other device, or that is set in motion by wind.

Sign, nonconforming: A sign lawfully erected and maintained prior to the adopting of this ordinance that does not conform with the requirements of this ordinance.

Sign, off-premises: A sign that directs attention to a business, product, service or establishment, conducted, sold or offered at a location other than the premises on which the sign is erected.

Sign, on-premises: Any sign identifying or advertising a business, person, property, activity, goods, products, or services, located on the premises where the sign is installed and maintained.

Sign, pennant: A sign, with or without a logo, made of flexible materials suspended from one or two corners, used in combination with other such signs to create the impression of a line, such as streamers.

Sign, political: A sign expressing or implying the opinion or opinions of an individual or group intended to influence the election or appointment of government officials and/or to influence the actions, policies and /or conduct of government.

(Ord. 10-18-00; Ord. 12-16-15; Ord. of 08-21-2019 (1))

Sign, portable: A sign that is not permanently affixed to the ground or to a permanent structure, or a sign that can be moved to another location including, but not limited to, signs with attached wheels, signs mounted upon or applied to a trailer, or signs mounted on or applied to a vehicle that is parked and visible from the public right-of-way.

Sign, projecting: A sign, attached to and supported by a building or wall, that projects out perpendicularly from that wall more than twelve inches (12") but not more than four feet (4').

Sign, public: A sign that is erected and maintained by a federal, state, or local government agency.

Sign, real estate: A sign pertaining to the sale or lease of the premises on which the sign is located. Such signs shall not exceed nine (9) square feet.

Sign, roof: A sign that is mounted on the roof of a building or which extends above the top edge of the wall of a flat-roofed building, above the eave line of a building with a hip, gambrel, or gable roof, or the deck line of a building with a mansard roof.

Sign structure: The supports, uprights, bracing and/or framework of any structure, be it single-faced, double-faced, v-type or otherwise exhibiting a sign.

Sign, subdivision: A monument sign erected at the entrance of a residential, commercial, or industrial development that identifies the development.

Sign, temporary: A sign for the advertising of a special event, product, group, occurrence, speaker, program or seasonal activity and not intended or designed for permanent display, including by way of example and not limitation, signs advertising an event, election, or campaign of an educational, political, religious, civic, philanthropic or historical organization. Temporary signs shall be posted a reasonable time before such event, as defined herein, and shall be removed a reasonable time after, but in no event greater than ten days after such event, as defined herein. Temporary signs shall be of reasonable size and no larger than the largest permitted signs in the zoning district, unless otherwise specified in this Code.

(Ord. 12-16-15; Ord. of 08-21-2019 (1))

Sign, temporary directional: A temporary sign directing individuals to the location of a special event or gathering.

(Ord. 12-16-15)

Sign, temporary sale, announcement or merchandising: Any sign denoting a sale or special product, promotion, or announcing a grand opening, new management, or similar event or activity occurring on the premises. Only one such sign shall be permitted at a time per business. Such signs shall be treated as temporary signs, as defined herein and shall be of reasonable size and no larger than the largest permitted signs in the zoning district, unless otherwise specified in this Code. A permanently installed changeable letter panel shall not be considered a temporary sign.

(Ord. 6-21-17)

Sign, temporary subdivision advertising: A sign erected on a parcel or at the entrance to a residential, commercial, or industrial subdivision that identifies the name of the development and advertises for sale lots within the development. Such signs shall be permitted for six (6) month increments, with a letter requesting renewal from the applicant for additional six (6) month increments and to be removed upon issuance of a permit for the placement of a permanent subdivision sign.

Sign, wall: A sign mounted flat against, or painted on, the exterior wall of a building or structure and not projecting more than twelve inches (12") from the surface of the building, unless on the mansard portion of a roof.

Sign, warning: A sign located on a property for warning or prohibitions on parking, trespassing, hunting, fishing, swimming, or other activity.

(Ord. 12-16-15)

Sign, window: A permanent or temporary sign affixed to the interior or exterior of a window or door, or within three feet (3') of the interior of the window or door; provided that the display of goods available for purchase on the premises is not a window sign. Such signs shall not exceed twenty-five percent (25%) of the total area of the window or door on which it is located.

Sketch plan: An informal conceptual map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion.

Slaughterhouse: A commercial facility where livestock is slaughtered, processed, and prepared for distribution to butcher shops or retail establishments such as grocery stores.

Small home industry: Small commercial, professional, or light industrial uses which do not in any way detract from adjacent agricultural or residential uses and while clearly excluding large scale industrial and commercial uses and that are located within the same parcel as the residence of the owner and within 500 feet of said residence.

Solar generation facility, minor scale: An on-site solar energy conversion system producing less than two MW of electricity. Minor scale solar energy conversion systems generally reduce on-site consumption of utility power for civic, commercial and industrial applications. On-site may also include adjacent parcels under common use, ownership and control. Rooftop arrays do not require zoning approval. Ground mounted arrays require zoning approval as accessory structures.

(Ord. of 09-15-2021 (1))

Solar generation facility, small scale: An on-site solar energy conversion system producing not more than 15 kW of electricity. Small scale solar energy systems generally reduce on-site consumption of utility power for civic, commercial and industrial applications. On-site may include adjacent parcels under common use, ownership and control. Rooftop arrays do not require zoning approval. Ground mounted arrays require zoning approval as accessory structures.

(Ord. of 09-15-2021 (1))

Solar generation facility, utility scale: A solar energy conversion system producing two MW or more of electricity to a utility provider. Such facilities interconnect with an existing electrical grid serving other off-site facilities which are not adjacent or under common use, ownership or control.

(Ord. of 09-15-2021 (1))

Solid waste: As used herein, "solid waste" shall have the same meaning and definition set forth in Code of Va., § 10.1-1400, as amended.

Solid Waste Material Recovery Facility: A solid waste management facility, as defined Code of Va., § 10.1-1400, as amended, which may receive solid waste and recyclables from off premises for processing and consolidation and shipment out of the County for further processing or disposal. The facility shall be so located, designed and operated that it does not pose a substantial present or potential hazard to public health or the environment, including pollution of air, land, surface water or groundwater.

Solid Waste Collection Facility: Any storage or collection facility which is operated as a relay point for recyclables or solid waste which ultimately is to be shipped for further processing or disposal. No processing of such items occurs at such facility. The facility shall be so located, designed and operated that it does not pose a substantial present or potential hazard to public health or the environment, including pollution of air, land, surface water or groundwater.

Source shielded illumination: A source of illumination shielded to prevent direct viewing of the light source, including bulbs, lenses or any portions thereof. The only light that can be seen is that reflected from the sign.

Special use permit: A permit issued by the governing body for a use which is only permitted upon such permit; a special exception. See Article 17 of this chapter.

Specified anatomical areas:

(1)

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

(2)

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

Specified sexual activities: Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Storage, outside: The keeping of equipment, vehicles, implements or materials of any kind in a setting other than a completely enclosed structure. Outside storage shall not include outside display.

(Ord. 5-17-17)

Storage yard: The use of any space, whether inside or outside a building, for the storage or keeping of construction equipment, machinery, vehicles or parts thereof, boats and/or farm machinery.

(Ord. 5-17-17)

Story: That portion of building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, the space between the floor and the ceiling next above it.

Story, half: A space under a sloping roof, which has the line of intersection of roof decking and wallface more than three feet (3') above the floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use.

Stream, intermittent: A natural stream or portion of a natural stream containing flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Such streams are defined as a dotted blue line on the 1:24,000 USGS topographic maps.

Stream, natural: A non-tidal waterway that is part of the natural topography, which typically maintains a continuous, seasonal, or intermittent flow during the year, and which is characterized as being irregular in cross-section with a meandering course. A constructed channel such as a drainage ditch or swale is not a natural stream.

Stream, perennial: A natural stream or portion of a natural stream containing flowing water year-round during a year of normal precipitation. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Such streams are defined as a solid blue line on the 1:24,000 USGS topographic maps.

Street (road): Any vehicular way that: (1) is an existing state roadway; (2) is shown upon a plat approved pursuant to the subdivision ordinance that is duly filed and recorded.

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. This includes, among other things, dwellings and buildings, etc.

Structure, main: A building in which is conducted the principal use of the lot.

Studio, fine arts: A building, or portion thereof, used as a place of work by a sculptor, artist, or photographer; or used as a place to exhibit and offer for sale works of the visual arts (other than film). A fine arts studio exceeding the requirements for a home occupation shall require approval of a special use permit.

(Ord. 10-17-18)

Subdivider: Any individual, partnership, corporation or other entity or association thereof owning or having an interest in land, or representing the owners of any land and proposing to subdivide such land.

Subdivision: The division or redivision of a lot, tract, or parcel of land by any means into two or more (≥ 2) lots, parcels or tracts, including residue, for the purpose of recordation, transfer of ownership, lease, or building development any one of which lots, parcels or tracts is less than sixty (60) acres in area or has less than 1,500 feet of frontage on a highway maintained by the Virginia Department of Transportation. As the context requires, the term "subdivision" may mean both the land divided, the process of division, or both.

Subdivision Agent: The individual appointed and authorized by the Fluvanna County Board of Supervisors to administer and enforce this chapter.

Subdivision, family: A single division of a lot or parcel for the purpose of a gift or sale to any natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the property owner.

Subdivision, major: The division of a parent tract of land into six or more (≥ 6) lots, and not a family subdivision. A subdivision shall be deemed to be a major subdivision if the parent tract from which such subdivision is divided was divided into an aggregate of six or more (≥ 6) lots or divided in such a way as to create a new public or central water or sewer system or one or more (≥ 1) public streets.

Subdivision, minor: Any division of a parent tract of land creating fewer than six (< 6) lots, and not a family subdivision. No more than five (5) lots may be created out of one parent tract using the minor subdivision plat approval process, regardless of whether the lots are created at one time or over an extended period of time.

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

(Ord. 6-17-15)

Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have 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 structure's continued designation as a historic structure.

Taxidermist: Establishments for conducting the business of preparing, stuffing, and mounting the skins of animals to make them appear life-like.

Telecommunications facility: A tower, pole or similar structure, 125 feet or greater in height, that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. Includes antennas, microwave dishes, horns, and all equipment and structures necessary to support said equipment.

Traffic impact study: A report analyzing anticipated roadway conditions.

Trailer: See Manufactured home.

Transportation terminal: A facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express between modes of ground transportation, including bus terminals, railroad stations, and public transit facilities.

Travel trailer: A vehicular, portable structure built on chassis and designed to be used for temporary occupancy for travel, recreational or vacation use; with the manufacturer's permanent identification "travel trailer" thereon; and when factory equipped for the road. See Recreational vehicle.

Tree canopy: All areas of coverage by plant material exceeding ten feet (10') in height at a maturity of ten (10) years after planting, in accordance with Article 24: Landscaping and Tree Protection of this chapter.

Tree, evergreen: A tree with foliage year-round, planted primarily for screening or ornamental purposes, which attains a mature height of at least fifteen feet (15').

Tree, large shade: A tree, usually deciduous, planted primarily for overhead canopy, which attains a mature height of at least forty feet (40').

Tree, mature: An existing tree with a diameter at breast height (DBH) of twelve inches (12") or greater, which is in healthy condition as determined by a certified landscape architect or arborist.

Tree, medium shade: A tree, usually deciduous, planted primarily for overhead canopy, which attains a mature height of twenty-five feet (25') to forty feet (40').

Tree, ornamental: A tree, either single-stemmed or multi-stemmed, noted for its flowers, leaves, bark, form, shape, and/or other aesthetic characteristics, which attains a mature height of ten feet (10') to thirty feet (30').

Tree, street: A shade tree planted along an existing or proposed public street, either within the right-of-way itself or within a landscape strip continuous to such right-of-way.

Truck terminal: A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. Post Office.

Underground utilities: The placement of electric, telephone, cable, and other utilities customarily carried on poles in underground vaults or trenches.

Upholstery shop: A business that repairs and replaces upholstery to household and office furnishings.

Utility: All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity.

Utility, major: Facilities for the distribution, collection, treatment, production, transmission and generation of public, private and central utilities including, but not limited to, transmission lines, production plants, electrical substations, pumping stations, treatment facilities, information and communication facilities.

(Ord. 12-16-15)

Utility, minor: Facilities for the distribution and collection of public, private and central utilities including poles, lines, transformers, pipes, meters, information and communication distribution lines.

(Ord. 12-16-15)

Variance: A variance is a reasonable deviation from the provisions of the zoning ordinance regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning.

(Ord. 12-16-15)

Vehicle impound facility: A facility for the temporary, screened storage of operable or inoperable vehicles to be claimed by their titleholders or agents; or those vehicles that are awaiting insurance adjustments or claims within 30 days or less for insurance purposes.

(Ord. of 08-17-2022 (1))

Vehicle trip: A motor vehicle moving from an origin point to a destination point.

Vending cart: The vending of food, beverages, or merchandise from a movable stand or trailer that is located as an accessory use on the same lot as a permitted use.

Veterinary office: An establishment for the care and treatment of animals and where the boarding of said animals is prohibited except when necessary in the medical treatment of the animal.

Video-viewing booth or arcade booth, adult: An enclosure designed for occupancy by no more than five persons, used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media, or live performances or lingerie modeling, for observation by patrons therein. See Entertainment establishment, adult use.

Village: A small, compact center of predominantly residential character but with a core of mixed-use commercial, residential, and community services whether or not incorporated as a municipality.

Warehouse, wholesale: Facilities for the display, storage, and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment, including moving and storage facilities, warehouses, storage activities, and distribution centers.

Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Wood storage, temporary: A lot utilized for the temporary (30, 60 or 90 days) storage/loading of forestry products transported from some other location.

(Ord. 12-16-15)

Yard: An open space on a lot other than a court unoccupied and unobstructed from the ground upward by structures except as otherwise provided herein.

Front: An open space on the same lot as a building between the front line of the building (excluding steps and ramps affording pedestrian and wheelchair access) and the front line of the lot and extending the full width of the lot.

Rear: An open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps and ramps affording pedestrian and wheelchair access) and the rear line of the lot, and extending the full width of the lot.

Side: An open, unoccupied space on the same lot as a building between the side line of the building (excluding steps and ramps affording pedestrian and wheelchair access) and the side line of the lot, and extending from the front yard line to the rear yard line.

Zoning Administrator: The official charged with the enforcement of the zoning ordinance. The Administrator may be any appointed or elected official who is by formal resolution designated to the position by the governing body. The Administrator may serve with or without compensation as determined by the governing body.

Zoning district: A division of territory within Fluvanna County for the purposes of regulation of its use under the provisions of this chapter.

Zoning permit: Any permit issued by the Zoning Administrator in accordance with this ordinance.

(Ord. 6-19-96; Ord. 10-18-00; Ord. 9-17-08; Ord. 10-15-08; Ord. 10-21-09; Ord. 6-16-10; Ord. 11-3-10; Ord. 8-1-12; Ord. 11-20-12; Ord. 12-16-15; Ord. 5-17-17; Ord. 6-21-17; Ord. 10-17-18; Ord. of 08-21-2019 (1); Ord. of 09-15-2021 (1); Ord. of 08-17-2022 (1); Ord. of 03-20-2024 (3); Ord. of 11-20-2024(4), § 1; Ord. No. 24-08, § 1, 3-19-2025; Ord. No. 24-10, § 1, 3-19-2025; Ord. No. 24-11, § 1, 4-16-2025; Ord. No. 25-01, § 1, 4-16-2025; Ord. of 07-02-2025(2), § 1; Ord. of 09-17-2025(3), § 1; Ord. of 10-15-2025(1), § 1)

State Law reference— State Law Reference: Va. Code § 15.2-2285